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Prosecutor to try mentally ill suspect
By - The Washington Times - Wednesday, December 4, 2002
An Alexandria prosecutor yesterday said he is "guardedly optimistic" of taking to trial a mentally disturbed man accused of stabbing an 8-year-old boy to death more than 2 years ago.
But Alexandria Commonwealth's Attorney S. Randolph Sengel acknowledged he is racing against time in prosecuting Gregory D. Murphy, a diagnosed paranoid schizophrenic charged with capital murder in the April 2000 death of Kevin Shifflett.
"I'm not ready to give up on the case because I think there is still a prospect that he could be competent to stand trial at some point in the future," Mr. Sengel said.
The prosecutor said he is working with several members of the Virginia House of Delegates to propose legislation that would lengthen the amount of time the state can hold mentally incompetent suspects in criminal cases before the cases are automatically dismissed.
Currently, Virginia law allows mentally incompetent suspects in criminal cases to be committed to mental institutions for five years before their cases are dismissed. Murphy, 30, has been held and examined at Central State Hospital in Petersburg for the past 2 years.
"My feeling is guardedly optimistic [of prosecuting Murphy]," Mr. Sengel said.
Yesterday, Murphy told an an Alexandria court that he is competent to stand trial. "I've been taking my medications 100 percent," he said in court. "I'll do anything to be found competent."
But doctors who have examined him disagreed, and a judge sent Murphy back to Central State Hospital.
"[The doctors] assessment of Murphy's condition is pretty accurate at this point," Mr. Sengel said.
Murphy is accused of stabbing Kevin 18 times as the boy played in his great-grandparents' front yard. Kevin's great-grandmother and a passer-by who tried to help the boy also were injured in the unprovoked knife attack.
When the court first ruled that Murphy was incompetent to stand trial, Mr. Sengel filed a motion to have him involuntarily medicated with the goal of making him competent over time. Doctors yesterday noted "some areas of improvement" in Murphy's condition.
In October 2001, Murphy's attorneys filed a petition with the U.S. Supreme Court, arguing that a state judge had violated Murphy's constitutional rights by ordering him to be forcibly medicated. The court refused to hear the appeal in January.
Prosecutors hope to win a death sentence for Murphy.
Murphy's next court appearance will be in six months at the next state-mandated review of his mental condition.
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Feb. 15, 1995: Mitnick Arrested
Author: Tony LongTony Long
1995: Perhaps the most celebrated cracking case in history begins with the arrest of Kevin Mitnick by the FBI on charges of wire fraud and breaking into the computer systems of several major corporations.
The case bestowed upon Mitnick a sort of antihero status while raising the consciousness of hacking and computer security in the general population.
Mitnick already had a long history of fiddling with computer networks and telephone systems before his 1995 arrest. His first hack, if that's what it was, occurred when Mitnick was 12. He reverse-engineered the Los Angeles public transportation transfer system so he could ride the buses for free. His methods became more sophisticated even as the technology evolved, and by the '90s he was snooping through the supposedly secure networks of companies like Sun Microsystems and Motorola.
He was caught after the FBI tracked him to his hideout in Raleigh, North Carolina.
Mitnick pleaded guilty to some charges and served five years in prison (including eight months spent in solitary confinement), then spent two more years in supervised release before all restrictions were lifted.
Since his release in 2000, Mitnick has worked his way back into the "industry," this time as a computer security consultant. It's hard to argue with his résumé. He continues to enjoy his quasi-celebrity status, is sought after as a public speaker and still hangs out with his good buddy, Steve Wozniak. In 2011, he published Ghost in the Wires, a chronicle of his legendary exploits.
(Source: Wired News, Wikipedia)
This article first appeared on Wired.com Feb. 15, 2007.
#20th century
#Computers and IT
#FBI
#Motorola
#Steve Wozniak
#Sun Microsystems
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8-year-old boy dies after being named honorary Marine
Angelica Annastas
<p>Wyatt Gillette, 8, is shown at Camp Pendleton, Calif, Saturday, July 30, 2016, with his mother, Felicia, as his father, Staff Sgt. Jeremiah Gillette salutes at left during a ceremony where the young Gillette received an award to become an honorary marine. Gillette, who has the genetic disease Aicardi-Goutieres syndrome, which causes seizures and kidney failure, died Sunday, July 31, 2016. (Lance Cpl. Angelica Annastas/U.S. Marine Corps via AP)</p>
SAN DIEGO (AP) — An 8-year-old boy with a rare, genetic disease has died a day after being made an honorary Marine, his father said.
Wyatt Gillette died Sunday with a developmental disorder that causes seizures and kidney failure, his father, Jeremiah Gillette, told The Marine Corps Times .
Wyatt was honored in a formal ceremony Saturday at Camp Pendleton near San Diego, where his father serves as a drill sergeant.
Video and photos of the ceremony show Wyatt dressed in fatigues and seated in his wheelchair while being presented with a framed certificate and an official Marine Corps pin.
Marine Corps Commandant General Robert Neller agreed to make Wyatt an honorary Marine in response to a petition.
The honor is bestowed on just a few people every year and recognizes civilians who have made extraordinary contributions to the Marine Corps.
Neller wrote on his Twitter page that granting the petition was one of the easiest decisions he had to make as commandant.
"Keep fighting, Wyatt! You are a Marine!" he posted Saturday.
As a 4-year-old, Wyatt was diagnosed with Aicardi-Goutieres syndrome that affects the brain, immune system and skin, as well as causing other complications, according to a press release from the Marine Corps Recruit Depot in San Diego.
When the boy was undergoing dialysis last month, his father reached out to fellow Marines on social media for prayers. An online petition was started that quickly gained supporters.
His father's command staff began the formal petition process for Wyatt, said Capt. Matthew Finnerty, a spokesman at the Marine Corps Recruit Depot in San Diego.
"His fighting spirit has shown all Marines that although times are tough, we must continue to push on in the face of adversity," Lt. Col. Jesse Sjoberg, Sgt. Gillette's commanding officer, said in a statement.
Gillette said he believes his son could have joined the Marines someday if he had been healthy. "He's the toughest kid I've ever met," he told KABC-TV .
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A shining star
Ireland’s Children’s Hospice, LauraLynn has become a second home for Eoghan Dunne and his family
The word hospice connotes many emotions; sickness, sadness, pain, grief. ese feelings are accurate in many instances but LauraLynn, Ireland’s Children’s Hospice, is different to the above in almost every aspect. Teresa Dunne’s five year- old son, Eoghan, has been visiting the hospice for over a year and the care he has received has had a profound impact on not just him, but the entire Dunne family. “We made our first visit to LauraLynn in April last year but I feel like we’ve been there forever,” says Teresa. “I don’t know what we did without it.”
To say life before LauraLynn was difficult for the Dunnes would be putting it mildly. Born
a perfectly healthy child, Eoghan became ill a week before his first birthday and no one could have predicted the series of heart-breaking events that would follow.
“He had a high fever and he was lethargic,
I brought him to the GP and then we went to hospital. Unfortunately, in hospital he suffered severe respiratory distress and had pneumonia. He developed septic shock, multi organ failure and had cardiac arrest. It took ten minutes to resuscitate him and because of that he suffered major neurological damage. That’s why he now has quadriplegic cerebral palsy. He has epilepsy, is visually impaired, legally blind and he can’t walk or talk. He will need 24-hour care for the rest of his life.”
In spite of his challenges Eoghan’s mum says he is a happy little boy who never complains. “We’re very lucky in other ways. He’s always smiling and loves to give kisses. He’s adored by his family and he charms everyone he meets.” It was a paediatrician who first brought up the subject of taking Eoghan to LauraLynn. Teresa says that up until that point she didn’t know about the hospice and it wasn’t something she wanted to do.
“She [the paediatrician] spoke to us about LauraLynn and said it was a hospice but I was very reluctant. She said to think about it and about six months later when she brought it up again, I said okay. When we went up to see LauraLynn I was daunted at first but I have to say it was just gorgeous. It’s a lovely place, the building is bright and airy and really child friendly. When I walked in there were loads of paintings on the walls that the children had done, there were fairy doors and toys and everybody was smiling.
“Then we went on a tour of LauraLynn; we saw the house and the bedrooms. Every child that goes to LauraLynn has their own room;
it’s an en suite with a huge window and door, so they can actually be wheeled straight out into the garden from their bedroom. They have their own PC over their bed and they can watch children’s programmes or listen to music.
It’s brilliant for parents as well because you
can Skype your child if they’re staying there. They can see you and hear your voice, which I thought was really nice.”
Teresa and her husband Ronan also have two daughters, Ciara and Keelin, aged seven and nine. Teresa explains that the girls have reached an age where they are more aware of their younger brother’s disabilities and have questioned why he can’t do some of the things that they can. rough the hospice the girls have received therapy as a way of working through their questions and thoughts. Teresa says that having a brother with disabilities can be difficult for her daughters, but the therapy has been a big help.
“It’s a lot on them. They have started asking questions like, ‘Why can’t he walk?’ or, ‘Why can’t he talk?’ and you kind of don’t even know what to say to them. The girls have actually received therapy in LauraLynn, which is brilliant and Michelle, the play specialist there, has gone through it with them. It’s hard on the girls because we can’t just hop into the car and go somewhere with them.
“Eoghan is visually impaired; he can only really see shadows so he doesn’t like going to noisy places, that frightens him. We have to pack a bag with all of his medications and different things, it’s like a military operation that we have to plan. Often, it’s hard for me to go on my own with the three kids, just in case Eoghan gets upset or if he was sick. I would always have to get my mother or my sister or somebody to come with me if my husband was working.”
The Dunne Family at the 2017 LauraLynn Oscars – Ronan and Teresa with Eoghan and sisters and Ciara (l) and Keelin (r)
When speaking to Teresa she says that bringing a sense of normalcy to everyday life is very important to the family. LauraLynn works hard to ensure that the children staying there don’t miss out on celebrating days that some of us take for granted. “It’s really good for Eoghan because he
gets to celebrate days that that kids with life limiting conditions mightn’t get to experience. We had a little parade on St Patrick’s Day, pancakes on Pancake Tuesday, we’ve met Bosco a few times. Eoghan was also on The Late Late Toy Show last year. We met Ryan [Tubridy] and we were in the green room, the build-up to it was so exciting. It was lovely.”
The family recently attended the LauraLynn Oscars where eight short films were screened, all starring the children of LauraLynn and their families. Eoghan won in the Best Drama category for his film Paw Patrol Birthday Heroes. e family came up with the idea, the storyline was written by the Fair City scriptwriters and Teresa says the whole process turned out to be a lovely experience they got to share as a family.
“When were told that we had been chosen to make a movie I thought, ‘Does this involve work?’ [Laughs] but it was absolutely brilliant,” says Teresa. “The play therapist asked us if there was any movie that we would like to make and we decided that we would make a movie about Eoghan’s birthday, that way we were able to get everyone who’s involved in his life into the movie and it’s all about him. It was really special for us because we had never been to the cinema as a family before. Eoghan was there with all his cousins and grannies, looking at ourselves on screen.”
Allowing someone to look after your child takes a huge amount of faith and confidence, but if your child has a disability, this trust
is heightened. Teresa says that LauraLynn affords her the opportunity to simply be Eoghan’s mum and not his carer which means that, even for a short amount of time, she can enjoy playing with her son and not have to worry that he is alright.
“I know that the nurses are caring for him, they’re worrying about the medication, they’re worrying about the oxygen and the suctioning, the nappy changing and all that, so I can go down and play with him. We can just do normal things and we don’t have to worry. ey have a sensory playground and there’s a roundabout that Eoghan can go on with his sisters, things he wouldn’t be able to do anywhere else.
“The girls love LauraLynn, when they
hear Eoghan’s going they want to go too.
We usually stay because they have family accommodation upstairs, so it’s like staying in a hotel. LauraLynn doesn’t feel like a hospice or a hospital at all, it’s just fun and laughter and everybody is happy. They’re just so good. I have to say we’re very, very lucky and fortunate now.”
Michelle Newman March 14, 2019
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Words Without Borders “stands as a monument to international collaboration and a shared belief in artistic possibility.” — 2018 Whiting Literary Magazine Prize Citation
Contemporary Women’s Writing in Slovakia
Nonfiction by Julia Sherwood
Twenty-five years after the Velvet Revolution and over two decades since its “velvet divorce” from its bigger brother, the Czech Republic, in 1992, Slovakia—a country with a population of just over five million—still remains largely unknown outside Central Europe. Unlike its former sibling, it has yet to produce authors who have become household names abroad. Except for ice-hockey championships, the country rarely makes international headlines, though it did recently with the spectacular launch of the James-Bond-worthy flying car. Many people still confuse Slovakia with Slovenia, another small central European country; some refer to its cities as Czech, and, most annoyingly, even some who have known me for years believe that since I was born in Czechoslovakia, my native language must be Czech.
Of course it's quite a complicated story: although very close to Czech (as well as to Polish—all three belong to the West Slavic language family), Slovak is in fact a distinct language with its own traditions, culture, and literature. Because Slovakia was part of the Kingdom of Hungary for many centuries, it lacks the long and illustrious literary tradition of the Czechs and the Poles; its writers used Latin or Czech until 1843, when Slovak was established as a written language during the "national revivals" that shook much of the former Austro-Hungarian Empire.
A new generation of patriots set out to cultivate Slovak as a literary language and produce works of literature. By the end of the nineteenth century their efforts had attracted the attention of The Universal Anthology:
The Slovaks occupy the northern part of Hungary, being about three millions in number. They are among the oldest Slavic nations in Europe, and were the first Slavs to receive the Christian religion from Byzantium. Their language was long regarded as a dialect of Bohemian, though it occupies an intermediate position between Bohemian and Russian. It was first used for literary purposes about a hundred years ago, since which time it has been perfected so as to be one of the most musical languages of the Slavs, if not the most so. In the short time of its existence, their literature has produced some remarkable productions, that compare favorably with those of more fortunate and larger nations. Having no national existence, and suffering from the oppression of the Hungarians, much of their literature is a lament and a dirge. But of late they are taking a broader aspect of life, though they prefer mainly to use national themes for literary purposes. (The Universal Anthology, 1899, ed. Richard Garnett, Leon Vallée, and Alois Brandl).
Since then, Slovak literature has seen a great flowering, with writers certainly "taking a [far] broader aspect of life.” Unfortunately, “a lament and a dirge” are pretty good terms for what it feels like to try to promote Slovak literature abroad, especially in the English-speaking world, despite government support via the Slovak Literary Centre and the valiant efforts of a few devoted translators. Aside from anthologies, no more than ten works of fiction by Slovak authors appeared in English translation between 1950 and 1989, and only a further six fiction writers had their work published in English between 1989 and 2014. Regrettably, only two of these sixteen are women: the nineteenth-century critical realist Timrava and just one contemporary author, Daniela Kapitáňová.
This dire state of affairs doesn´t do justice to the vibrant and diverse literary scene in present-day Slovakia, which, despite serious problems of funding and a skeletal and corrupt distribution network, has seen a veritable explosion of new talent in the past few decades. A striking aspect of this new development is the number of women who have established themselves as writers to be reckoned with and who now form a far greater proportion of the Slovak writing community than ever before. This Words without Borders feature aims to highlight some Slovak women authors writing today. They represent several generations, a variety of styles, and a wide range of themes.
Our selection begins with Jaroslava Blažková (b. 1933), a member of Generation 56, a group that started writing in the 1960s, during the period of the thaw in Czechoslovakia. After the 1968 Soviet-led invasion she emigrated to Canada with her husband and her name disappeared from the annals of Slovak literature. She made a comeback in the 1990s, first with reissues of her older books, followed by publications of her current writing. In Happy Endings [Happyendy 2005], written while Blažková was caring for her husband after he suffered a stroke, the author reflects on the difficulties of her daily life with wit and compassion, finding sparks of humor in the most unlikely places.
The previously unpublished short story “Sea Anemone” (“Sasanka,” 2013) is a fine example of the feminist writing of Uršuľa Kovalyk (b. 1969), whose surreal plotting and imagery often celebrates female sexuality. A trained social worker as well as a playwright, Kovalyk is the artistic director of Theatre With No Home, based in the Slovak capital Bratislava, which works with homeless and disabled actors. Her work includes several collections of short stories and two novels, Žena zo sekáča [The second-hand woman, 2008] and The Equestrienne [Krasojazdkyňa, 2013], which was shortlisted for the 2014 Anasoft Litera, Slovakia's top literary prize, and awarded the 2014 Biblioteka Prize.
A practicing psychiatrist, writer, and columnist, Svetlana Žuchová (b. 1976) has lived in Vienna and Prague and is currently based in Munich, and her writing reflects the life of young European immigrants in Western Europe post-1989. Her collections of short stories and three novels, including the latest, Scenes from the life of M [Obrazy zo života M, 2013], have been shortlisted for the Anasoft Litera. In the excerpt selected from the latter, the narrator Marisia, a young Slovak woman working in Vienna, is trying to come to terms with her mother’s terminal illness and the process of dying, registering her thoughts, feelings, and every detail of her daily routine, very much a woman writer's counterpart to Klaus Ove Knausgaard’s My Struggle.
Monika Kompaníková (b. 1979) is a writer of fiction and children’s books and a visual artist. The extract here is taken from her first novel, Boat Number Five [Piata loď, 2010], for which she was awarded the 2011 Anasoft Litera. The work illustrates the bleakness and social vacuum left behind by socialism in Bratislava’s jungle of concrete apartment buildings. In lean, muscular prose with strong visual imagery, the author describes the lonely childhood of her narrator, emotionally neglected by her mother and obliged to care for her dying, witchlike grandmother, and an unlikely adventure on which she embarks after a chance encounter at a train station with a mother and her two babies.
It has been painfully difficult to make the inevitably limited selection for this issue. With much regret, I have had to leave out many other, equally deserving women authors, such as Etela Farkašová, Jana Bodnárová, Mila Haugová, Jana Juráňová (whose tongue-in-cheek faux memoir by the wife of Slovak poet Pavol Országh Hviezdoslav, Ilona: My Life with the Bard, is forthcoming from Calypso Editions), Verona Šikulová, Jana Beňová, and Ivana Dobrakovová, to name just a few. However, I hope that the appetite of translators and publishers has been whetted by this sampling, and that the current generation of outstanding women writers in Slovakia will find a deserving audience of English-language readers before too long.
© 2015 Julia Sherwood. All rights reserved.
Read more from the February 2015 issue
Subscribe to our newsletter for new issue content
Julia Sherwood was born and grew up in Bratislava, Czechoslovakia. After studying in Germany she settled in the UK, working for Amnesty International and Save the Children. Since 2008 she has worked as a freelance translator of fiction and nonfiction from Slovak, Czech, Polish, and Russian. Her translations into English (jointly with Peter Sherwood) include book-length works by Balla, Daniela Kapitáňová, Hubert Klimko-Dobrzaniecki, Uršuľa Kovalyk, Peter Krištúfek, and Petra Procházková; and into Slovak, by Tony Judt and Hamid Ismailov. She is based in London and serves as the editor-at-large for Slovakia for Asymptote, an online journal for literary translation.
» More about Julia Sherwood
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Words without Borders opens doors to international exchange through translation, publication, and promotion of the best international literature. Every month we publish select prose and poetry on our site. In addition we develop print anthologies, work with educators to bring literature in translation into classrooms, host events with foreign authors, and maintain an extensive archive of global writing.
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Birmingham Curzon HS2 Station, images from Birmingham City Council
Birmingham – A tale of three cities
Nick Myall
Airing views on the city’s potential - two panellists on WAN’s Birmingham Development Forum discuss the session at UK Construction Week
At UK Construction Week on 18 October a thought provoking discussion was held to debate the wave of regeneration projects that are set to transform Birmingham city centre. Indeed, with the coming of HS2, and longer term links to the Northern Powerhouse, a once in a generation window of opportunity is opening up for the area.
In association with World Architecture News (WAN) and the Birmingham Development Forum, a keynote panel considered how to bring together expertise and learn from other cities’ experiences to ensure joined-up thinking between infrastructure, commercial, transport and residential development. The discussion, which was chaired by Brian Kilkelly, Development Lead – Climate-KIC and Founder of World Cities Network, included the views of the construction sectors, developers, local authorities, planning experts and architects to explore the realms of urban design.
Here we hear the views of two of the panellists at the session, firstly Hiro Aso, Firm-wide Aviation & Transportation Practice Area Leader, Gensler…
"When we were looking for the location of Gensler’s first U.K. office outside of London, not only were we looking to invest in a city with a growing potential for regeneration and leading development opportunities, we searched for places that have the initial building blocks of a vibrant city: community.
"The community needs to act as the foundation of a dynamic interconnected network of services and relationships that position cities to thrive. When Gensler chose Birmingham we checked it against what we identified as the key elements that a vibrant community needed to be - connected, resilient, inspiring and healthy – and when we did, Birmingham came up trumps!
"Birmingham, in particular, is extremely lucky as it has a developing transport strategy that will be strengthened by the arrival of HS2. Increasing connectivity between Birmingham and London in under 50 mins it will assist the city in becoming a more dynamic and vibrant place for all.
"Efficient transportation hubs and infrastructure are only one element of a truly connected community, however. The economic and social pull of cities is all about connection, and linking people can in some areas go beyond infrastructure. Fostering successful connectivity in urban planning accounts for journey times, access to green spaces and cultural institutions. A city’s social connectivity needs to be a key element of its connectivity agenda also, where new developments can be properly integrated into existing communities.
"In the world’s most liveable cities, arts and culture blend with bustling business, shopping, and entertainment districts to create desirable places to live, work and play. Few cities have undergone such intense changes as Birmingham in the past decade and the city centre has been radically transformed with new millennial structures. It’s also a thriving hotspot for new technology businesses with a budding sharing economy, that’s highly walkable and boasts a promising public transportation investment programme. This is important to our members of the Birmingham studio.
"These leading cities also need to inspire its inhabitants and creative hubs such as the Custard Factory in Digbeth offer an alternative culture outside London that oozes authenticity. Around the globe, people are moving back to urban cores, driven by a desire for distinctive, authentic character in their communities, and Birmingham is offering just that. Its rich heritage has also been given a fresh lease of life. We have great views of the historic 1838 Curzon Street station building from our new office and can't wait to see the new future it will be given thanks to HS2.
"Its main shopping centre, the Bullring, has been demolished and rebuilt afresh, similarly its main library, and the new HS2 railway station will provide the same dynamic transformational energy thanks to Birmingham's "Big City Plan" which we co-authored, aiming to create places where people will enjoy spending time.
"In the light of Brexit, it is crucial that cities are designed to be people-centric first to enhance the public experience. We will continue to promote solutions to urban planning that are resilient, connected, healthy and emotionally rich in order to maintain the city’s competitive edge. With the added pressure such change brings it’s important to us that we do our bit to support it.
"We see the next generation of cities as a community of neighbourhoods, embracing their roots and also inspired by a creative and nimble spirit. The role that designers will play in creating and enhancing these elements through design will be extremely important in the years to come. Exciting times."
Another member of the panel at the discussion, Liz Peace Chair of Birmingham Curzon Urban Regeneration Company talked about the strengths of Birmingham - principally its location, its rapidly improving transport infrastructure, its skills base, supported by a number of first-rate universities and other educational establishments and its attitude to growth. On this latter point she said how important it had been to have a vision for the city - the Birmingham Big City Plan - and how that had then been translated into a plan for the Curzon Regeneration area which was where HS2 would 'land' in the City.
She went on to stress the importance of playing to the strengths of the Curzon area - particularly the edgy, creative, quarter known as Digbeth and how the design for the new HS2 station needed to take account of its surroundings. Birmingham neither wanted nor needed a station that looked as if it had been dropped into the city with no regard for its setting or indeed for the Grade 1 Listed old station that would be right beside it.
"Birmingham used to be known as the city of a thousand trades - and the coming of HS2 and the ambitious growth plans for the city as a whole, and the Curzon area in particular, could recreate that vibrancy and enterprise - with the new digital, creative, medical and life sciences, environmental and high value manufacturing industries replacing the traditional trades of the last two centuries."
Other panellists involved in this discussion were Richard Cowell, from Planning and Regeneration for Birmingham City Council and Zoe Davidson, Head of Regeneration Advisory at KPMG
Brand: Architecture
Keywords: UK Construction Week Birmingham Development Forum Birmingham
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World Families Forums - SRY2627
SRY2627 « previous next »
Author Topic: SRY2627 (Read 199107 times)
fcs39532
Re: SRY2627
Thanks for the info. I have join both project.
Kettenring
Is this forum still functioning?
R1b-SRY2627
Jason Bourgeois
Yes. No one has posted for quite some time though.
Thank you. I have read this entire thread and it is most informative. I recently ordered the SRY2627 test from FTDNA because I have three close matches at 67 markers who are all SRY 2627. When the result returns I will have several questions and observations. I am grateful for all the thought you people have put into this thread.
Test results confirm SRY2627. Will read this entire conversation before I ask questions. Thanks again.
Meant to type RE-read this whole thing before asking questions. I must learn to proofread.
In the 3rd century BC, Hannibal assembled an army of Celtic tribesmen from Catalonia and the Pyrenees. They crossed southern France and then the Alps to invade Italy. These men undoubtedly had much to do with the presence today of SRY2627 in Bavaria, Italy, and Switzerland.
« Last Edit: April 01, 2015, 10:56:54 AM by Kettenring » Logged
Maliclavelli
Quote from: Kettenring on April 01, 2015, 10:50:30 AM
R-SRY2627* or R-Z262* is 3800 years old but could be till 4800, and you should be sure not belonging to any subclades of its, thus to link this haplogroup to an historic episode (Annibal's army) is a little premature:
R-Z292Z292/S460 * Y964.2/M7953.2/Y964.1/M7953.1formed 4800 ybp, TMRCA 4800 ybp
R-Z292*
id:HG01365 CLM
R-Z262 Z201/S457 * V3130/Z689/CTS4716 * Z263... 10 SNPs formed 4800 ybp, TMRCA 3800 ybp
R-Y8421 Y8421 * Y8417 * Y9117... 3 SNPs formed 3800 ybp, TMRCA 2700 ybp
R-Y8421*
id:YF02444
R-Y8410 Y8420 * Y8412 * Y8416... 17 SNPs formed 2700 ybp, TMRCA 800 ybp
id:YF02075 ENG
R-Z202 Z266 * Z203 * Z205... 2 SNPs formed 3800 ybp, TMRCA 3500 ybp
R-CTS606 CTS606 formed 3500 ybp, TMRCA 2700 ybp
R-CTS606*
id:NA19741 MXL
R-CTS3555 Y7733 * Y7730 * Y8474... 3 SNPs formed 2700 ybp, TMRCA 1700 ybp
R-CTS3555*
id:HG01791 GBR
R-Z206 Z206/S235 * Z690 formed 3500 ybp, TMRCA 3500 ybp
id:NA12716 CEU
R-Z208 CTS8289 * Z208/S362 * Z207/S251... 1 SNPs formed 3500 ybp, TMRCA 3200 ybp
R-CTS43 CTS43 * CTS5447 * CTS10925... 7 SNPs
R-CTS9762 CTS9762 formed 3200 ybp, TMRCA 3100 ybp
id:NA20342 ASW
YDNA: R-Z2110
MtDNA: K1a1b1e
It is difficult that all these people descend from the "Hannibal's Army". They are a cluster with DYS490=10 and seem to belong to the subclade CTS4299, whose MRCA is 2900 years old for the last YFull tree:
204051 POOLE of DawleyMagna,Shropshire ENG c1790 United Kingdom R-SRY2627
13 23 14 11 11-14 12 12 11 13 13 30 17 9-10 11 11 25 15 18 30 15-15-17-18 11 11 19-23 16 14 17 18 36-36 12 12 11 9 14-16 8 10 10 8 11 10 12 23-23 16 10 12 10 16 8 12 22 20 13 12 10 13 11 11 12 12 34 15 9 17 12 25 26 19 12 11 12 12 10 9 11 12 10 10 11 30 12 13 24 12 11 10 23 15 20 14 24 16 12 15 24 12 23 19 10 14 17 9 12 11
126548 Daniel Juillet, 1618, Loge Fougereuse, France France R-SRY2627
13 23 14 11 11-14 12 12 12 13 13 29 17 9-10 11 11 25 15 17 29 15-15-17-18 11 11 19-23 17 15 17 17 37-37 13 12 11 9 15-16 8 10 10 8 10 12 12 23-23 16 10 12 10 16 8 12 22 20 13 12 11 13 11 11 12 12
27573 THOMAS Atte MEDE born ca.1360, Wraxall,Somerset, E England R-SRY2627
N42387 Jean Vernade 1659 Bourges (France) France R-CTS4299
B26940 ADOPTED Unknown Origin R-Z207
13 24 14 10 11-14 12 12 11 13 13 29 19 9-9 11 11 25 15 19 28 15-15-17-18 11 11 19-23 16 15 19 19 37-38 12 12 11 9 16-16 8 10 10 8 10 10 12 23-23 16 10 12 10 16 8 11 22 20 13 12 11 13 11 11 12 12 35 15 9 16 12 25 25 19 12 11 13 12 10 9 13 13 10 11 11 30 12 13 24 13 12 10 22 15 20 13 24 16 12 15 24 12 23 19 10 14 17 9 12 11
N113329 Salvador Marimon b.1690 near Barcelona, Catalonia Spain R-CTS4299
13 24 14 10 11-14 12 12 12 13 13 29 15 9-10 11 11 25 15 19 30 15-15-17-18 11 11 19-23 16 16 19 17 37-37 13 12 11 9 15-16 8 11 10 8 11 10 12 23-23 16 10 12 10 16 8 12 23 19 14 12 11 13 11 11 12 11 34 15 9 17 13 24 26 19 12 11 12 12 10 11 12 12 10 11 11 30 12 13 24 13 11 10 18 14 20 13 25 17 13 15 24 12 24 20 10 14 17 9 12 11
72456 Alonso Jaime Rael de Aguilar, b. Feb. 14, 1661 Spain R-SRY2627
N108861 Charles Schmidt(became Smith in USA)bc1846 Germany Germany R-SRY2627
E10868 Donato Alberti 1350 Foza (Vicenza) < 1050 Bavaria Italy R-SRY2627
153374 Heinrich Ankele, abt.1833, Wurttemberg, Germany Germany R-SRY2627
118119 Joshua T. Parish Unknown Origin R-CTS4299
13 24 14 11 11-14 12 12 11 13 13 30 17 9-10 11 11 25 15 19 30 15-15-15-17 11 11 19-23 15 15 18 18 38-38 12 12 11 9 15-16 8 10 10 8 10 10 0 22-23 16 10 12 10 17 8 12 22 21 13 12 11 13 11 11 12 12 35 15 9 17 12 25 26 19 12 10 12 11 12 9 12 12 10 11 11 30 12 12 24 12 11 6 23 15 19 13 25 17 13 15 25 12 23 19 10 14 17 9 12 11
97633 Edward Parrish (1669-1723), Maryland England R-CTS4299
5185 Johann Gaspar Rotter 1732-1812 Wythe, VA, USA Unknown Origin R-Z207
23253 Jacques Bourgeois, c. 1621, France France R-CTS4299
N16281 John W. Yeomans, born c. 1886, Boston, MA United Kingdom R-Z207
E2318 Cornille Wangermez ~1620 Beclers 7532 Belgium Belgium R-CTS4299
14 23 14 11 11-14 12 12 12 13 13 29 18 9-10 11 11 25 15 19 29 15-15-17-18 11 11 19-23 15 15 17 16 40-40 12 12 11 9 15-16 8 10 10 8 10 9 12 21-23 16 10 12 10 16 8 12 22 20 14 12 11 13 11 11 12 12
5130 Francis Browne, b.1620 and d.1682 England R-SRY2627
« Last Edit: April 01, 2015, 04:25:49 PM by Maliclavelli » Logged
"It is difficult that all these people descend from the "Hannibal's Army"."
I did not so claim in my post.
Quote from: Kettenring on April 01, 2015, 01:13:56 PM
That for saying that the distribution (from Iberia to France, Germany and the Isles: the Italian sample is very likely of recent German origin) isn't in agreement with your statement, and a suggestion to test CTS4299, which is very likely your terminal SNP.
I wrote nothing about the Isles.
No one can seriously argue that such a massive army leaves no DNA in its wake.
"R-CTS4299 CTS4299 formed 3100 ybp, TMRCA 2900 ybp"
And Hannibal and his Iberian troops lived and fought 2200 ybp.
What is your point?
Claquin
I am a newcomer to this forum and to DNA testing. I got the result of Gene 2.0 testing which is R-Z269. I found very little information on this group. Just a few mentions as being "equivalent to" SRY2627 or a "subgroup" of it.
Can you tell me a bit more about the relation between Z269 and SRY2627 ?
Is there any information about distribution of Z269 ?
Hello gentlemen,
My question about Z269 as a sub-group of SRY2627 has been answered by a resounding silence.
I can think about three reasons:
- A. Nobody bothers to answer such a silly question.
- B. Nobody has a clue about this very legitimate question.
- C. There is nobody around because this forum is dead.
By the way, I forgot to introduce myself.
I am French. My more distant documented ancestors lived (XVth century) in a remote high mountain valley of French ... Alps. Not necessarily where you would expect to find SRY2627.
This area was home to the alpine tribe of the Ceutrones (or Centrones). It included the Tarentaise valley leading to the Petit-Saint-Bernard pass probably (if you follow Polybius) used by the carthaginian armies.
Nevertheless, for different reasons,I doubt that they left much genetic traces in the Alps (especially SRY2627).
Hello Claquin, sorry no one has answered your previous question. I am not familiar with Gene 2.0's testing structure, but according to FamilyTreeDNA, Z269 is the equivalent of SRY2627.
As for distribution, as you have read this marker is primarily found along the Pyrenees, and up the Atlantic coast and northern coasts of France. It is part of a larger group called DF 27. Here is a speculative interpretation (based on current findings) of the origins of this group with a frequency map:
http://www.eupedia.com/europe/Haplogroup_R1b_Y-DNA.shtml#DF27
Based on this speculative interpretation, it appears that there was a migration in the 1300s-700s BC from the central "Celtic homeland" towards the Pyrenees where the group predominated. Perhaps your ancestors "stopped on the way" and settled in the Alps instead?
Thank you for your reply. Some sources, as you wrote, consider Z269 as equivalent to SRY2627. Others consider it as a sub-group of SRY2627 with no further information. I guess I will have to wait and see if more comes out about Z269 in the future.
As far as the ancestor stopping in the way during the migration, it is a possibility but may be not the most likely one.
When I look at the Eupedia distribution map for DF27, outside of the Pyrenean "homeland", the low fequency areas do not necessarily stike me as a map of dispersion of an original celtic migration. It looks to me more (with the exception the scandinavian area) as a map of the Roman Empire. It is especially striking as matching the "limes" along the Rhine and Danube.
We know that in the second punic war, the Catalonian tribes were the first iberian allies of the Romans. Later, the Romans recruited heavily in Hispania, first for auxiliary troops and later for the legions to fill the needs created by the constant conquest and civil wars. For several centuries, a significant portion of the roman legions (or auxiliaries) were from Hispania.
At the end of their service time, many were settled in veteran colonies far from their original homeland. These garrisons and veteran colonies must have left a genetic trace in different regions of the Roman Empire.
In the case of the French Alps, the local tribes stayed independant and mostly ignored by the Romans until the conquest of Gaul. After that, their favorite sport, which was hurling rocks from upper ground on visitors, Carthaginians or Romans, passing in the valley (you will note that in this sport, the visitors are also the receiving side !), became unpalatable to the latter as their need to cross the passes from Italy to Gaul became more frequent.
Cesar complained, and Augustus grew tired of it. He ordered the conquest of the Alps and installation of garrisons to pacify the local tribes and secure the passes. Some of the troops could have been Hispanians.
I am not suggesting that the Roman army is the single explanation for low frequency spread of SRY2627 in many areas but that it must have played a significant part. In some areas it may even be more likely than a stray from the original celtic migration.
Brousse
OK my eyes have just been opened to a whole new possibility . I found my family listed in someone Else's genealogy chart they are claiming that my surname ancestor was a cousin of Rollo the 1st Duke of Normandy. He was reported to have been of Danish blood and a few of my very distant matches have been in Denmark.I also found a story that they have opened Rollo's Grandson and Great Grandson's tombs . They recovered a jaw bone from one tomb. here is what they said
A genetic investigation into the remains of Rollo's grandson, Richard the Fearless, and his great-grandson, Richard the Good, was announced in 2011 with the intention of discerning the origins of the historic Viking leader.[27] On February 29, 2016, Norwegian researchers opened Richard the Good's tomb and found his lower jaw with eight teeth in it.[28] They hope to complete the DNA analysis in late 2016 and plan to present their findings in cooperation with French authorities.
What would be the chances of any Ydna being recovered? Slim to no chance I bet
It would be awesome if they could though because if the chart I found is true then I should be a match given the thousand years of mutations
R1b1a2a1a1b5a Sry2627+ My family was exiled from Cognac France in 1685 Lived in London for 15 years then on to America to the Manikin town settlement for French Protestants in 1700
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Scott Brown, Rick Perry among those meeting with Trump, vying to join his cabinet
Spencer Platt
<p>NEW YORK, NY - NOVEMBER 21: Former Texas Governor Rick Perry arrives at Trump Tower on November 21, 2016 in New York City. President-elect Donald Trump and his transition team are in the process of filling cabinet and other high level positions for the new administration. (Photo by Spencer Platt/Getty Images)</p>
NEW YORK (AP) — President-elect Donald Trump returned to his perch high above Manhattan on Monday, meeting with former rivals and longtime allies a day after he indicated he had worked out agreements to fill major posts in his administration.
Trump, after spending the weekend receiving a parade of visitors at his golf course in New Jersey, did the same at Trump Tower. Among his callers: former Texas Gov. Rick Perry, who ran against him in the Republican primary, former Massachusetts Sen. Scott Brown, and Oklahoma Gov. Mary Fallin.
"We've made a couple of deals," Trump told reporters at his Bedminster, New Jersey, golf club on Sunday. He gave assurances that "incredible meetings" would be bringing "incredible people" into the government. "You'll be hearing about them soon."
The president-elect apparently is working to get important Cabinet jobs settled before heading to Florida for Thanksgiving. Aides said Monday he will spend the holiday at his Mar-a-Lago estate. He is expected to fly there either Tuesday or Wednesday, while Vice president-elect Mike Pence will spend Thanksgiving in Mississippi, where his Marine son is stationed.
Trump made a flurry of brief public appearances over the weekend, often with Pence at his side, to flash frequent thumbs-ups and provide quick updates on his progress in building a government. Mitt Romney, the Republican presidential nominee in 2012, was "under active and serious consideration" for secretary of state, Pence said. Trump himself said retired Marine Corps Gen. James Mattis was an "impressive" prospect for defense secretary.
Kellyanne Conway, a senior adviser for the transition, said Monday the president-elect wanted to hear viewpoints from across the political spectrum, including from "Never Trumpers" who she said "are looking forward to having a say in what happens next." She also said that Trump would receive a visit from Hawaii Democratic Rep. Tulsi Gabbard, who resigned her post in the Democratic National Committee after endorsing Bernie Sanders over Hillary Clinton.
"Not all of them (his visitors) will be in his Cabinet and his federal government, but they are all incredibly important in offering their points of views, their experience and certainly their vision of the country," Conway said.
Neither Brown, who said he is under consideration for Veterans Affairs secretary, and Fallin, who is being considered to head the Interior Department, said they were offered a post. Gabbard defended crossing party lines to meet with Trump about U.S. involvement in Syria, saying in a statement that "I never have and never will play politics with American and Syrian lives."
The president-elect also met Monday at Trump Tower with several executives and on-air personalities from television networks. He frequently singled out the media — "so dishonest" — for criticism during the campaign, but it's not unusual for presidents to hold off-the-record meetings with journalists when trying to promote policies or programs.
Among the attendees were NBC anchor Lester Holt and "Meet the Press" host Chuck Todd, ABC "Good Morning America" host George Stephanopoulos and anchor David Muir, CBS "Face the Nation" host John Dickerson, CNN's Wolf Blitzer and several executives at the networks.
The businessman who is now the president-elect also apparently is considering options to lead the Commerce Department, meeting with billionaire investor Wilbur Ross. "Time will tell," Ross told reporters when asked if he wanted a post.
Between conversations Sunday, Trump revealed he was making transition plans for his family, too. He told reporters that his wife, Melania, and their 10-year-old son, Barron, would move to Washington when the school year ends.
Trump also turned to Twitter to share some of his thinking. In between criticism of "Saturday Night Live," the hit musical "Hamilton," and retiring Democratic leader Harry Reid, he wrote that, "General James 'Mad Dog' Mattis, who is being considered for secretary of defense, was very impressive yesterday. A true General's General!"
Romney, the former Massachusetts governor, and Trump exchanged bitter insults during the campaign, and Mattis has not been considered a Trump confidant.
Trump told reporters Sunday that one of his most loyal and public allies, former New York Mayor Rudy Giuliani, was also a prospect for secretary of state "and other things." Giuliani at one point had been considered for attorney general, but Trump gave that job to Sen. Jeff Sessions of Alabama.
Even as Trump and his team discussed pressing issues facing the country and how to staff the incoming administration, he insisted again Sunday that the cast and producers of "Hamilton" should apologize after the lead actor told Pence from the stage Friday night that "diverse America" was "alarmed and anxious." Pence said on CBS' "Face the Nation" that he wasn't offended.
The brouhaha over "Hamilton" dominated cable news over the weekend and was the latest example of Trump's ability — whether intentional or not — to ignite one controversy to distract from another, in this case the announcement Friday that he had agreed to pay a $25 million settlement to end fraud cases against his now-defunct for-profit Trump University.
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Home > Blog > With New Jersey Poised to Slash Greenhouse Gas Emissions, A National Plan Could Show the Way
With New Jersey Poised to Slash Greenhouse Gas Emissions, A National Plan Could Show the Way
by Noah Kaufman - September 21, 2017
Newark, New Jersey. Photo by Alexander Hope/NARA
This November, New Jersey will elect a new governor, and both major candidates say New Jersey must do more to combat climate change. Against that backdrop, a new report, An Examination of Policy Options for Achieving Greenhouse Gas Emissions Reductions in New Jersey, explores how New Jersey can go from laggard to leader on climate action. This article focuses on an important first step: developing a detailed and comprehensive plan to reduce greenhouse gas emissions, i.e., a “deep decarbonization plan.”
Why Should States Plan for Deep Decarbonization?
Deep decarbonization plans help states ensure that their actions are consistent with emissions targets. Like many states, New Jersey has an ambitious statutory 2050 target – an 80 percent reduction in greenhouse gas emissions below 2006 levels. The state has implemented certain measures that will reduce emissions, including a Renewable Portfolio Standard that encourages electricity production from solar, wind and other clean sources. Some may be tempted to conclude the state is on the right path. A closer look at the numbers, however, shows otherwise (see figure below). Similar to the country as a whole, New Jersey’s current GHG emissions trajectory is relatively flat, far from the ambitious reductions needed to achieve deep decarbonization.
Long-term decarbonization plans are also important because a long-term perspective changes a state’s priorities. Some actions, like building long-lived natural gas infrastructure, may be cost-effective for near-term emissions targets, but make achieving long-term emissions objectives more difficult and expensive. Other actions, like the electrification of vehicles and heating, are more important to achieving long-term targets than near-term emissions reductions alone might indicate.
How Can States Plan for Decarbonization?
Last November, the United States released a Mid-Century Strategy for Deep Decarbonization (U.S. MCS), which demonstrates how the country can achieve a low-GHG emissions pathway while meeting the growing demands on its energy system and lands. Included are technological pathways and policy recommendations for the three major sources of GHG emissions:
Transitioning to a low-carbon energy system.
The U.S. MCS energy system pathway initially focuses on improving energy efficiency and decarbonizing the electricity sector. These are areas where many low-cost and low-carbon opportunities exist today, and more will become cost-effective as low-carbon generation sources and enabling technologies (e.g., energy storage, grid flexibility) continue to progress. Over time, the remainder of the energy system will be decarbonized by switching to low-carbon fuels such as clean electricity or sustainable forms of biomass. States can propel this transition using public policies that promote low-carbon innovation, encourage more efficient energy production and use, and put a price on carbon dioxide emissions.
Sequestering carbon.
When carbon dioxide is stored in trees, plants, soils and products, less of it is released into the atmosphere. The U.S. MCS strategy for carbon sequestration includes actions that encourage larger and more productive forests, promote improved soil carbon sequestration, foster smarter urban development, and support the development of CO2 removal technologies.
Reducing non-CO2 emissions.
Strategies for reducing emissions of methane, nitrous oxide and fluorinated gases vary due to the diversity of emissions sources. A common theme in the U.S. MCS is the need for innovation to identify low-carbon and low-cost alternatives to GHG emissions sources. At the same time, strong and cost-effective regulations can be implemented on existing emissions sources, such as methane from fossil fuel production and HFCs from refrigerants.
Of course, each state confronts its own set of challenges and opportunities, but the U.S. MCS gives states an important guide to developing a deep decarbonization strategy that can be tailored to a state’s unique circumstances.
In New Jersey’s case, the most densely populated U.S. state is likely to reap considerable gains from “smart growth” strategies that improve urban development, mass transit and shared mobility. With an economy heavily integrated with its neighbors, New Jersey’s decarbonization plan can emphasize cooperation with other states, including existing inter-state programs such as the Regional Greenhouse Gas Initiative and the Transportation and Climate Initiative.
New Jersey also has significant advantages in transitioning to a low carbon power sector: half of the state’s electricity production already comes from zero carbon sources (compared to one-third for the U.S. as a whole), and the coastline gives New Jersey the opportunity to satisfy a significant portion of its electricity demand with off-shore wind energy. On the other hand, off-shore wind must overcome the hurdles that have hindered the technology’s deployment thus far (e.g., high costs, lengthy regulatory processes), and New Jersey’s nuclear power plants may shut down without near-term policy support, which will make deep decarbonization more expensive and challenging to achieve.
2050 is Now
Decisions made today will influence economies in 2050, and states that act decisively now will have a leg up in achieving cost-effective emissions reductions and exporting low carbon goods and services to the rest of the world. Under a new governor in 2017, New Jersey has a prime opportunity to become a leader on climate action. A good first step would be to develop a detailed and comprehensive plan for deep decarbonization. An even better second step would be to implement that plan, using the broad range of tools discussed in the report.
Tags: decarbonization, carbon
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Home > RELEASE: Report: Tanzania Mini-grid Sector Doubles with Bold Policy Approach
RELEASE: Report: Tanzania Mini-grid Sector Doubles with Bold Policy Approach
Press Release - October 04, 2017
DAR ES SALAAM (October 4, 2017)— With more than 70 percent of Tanzania’s population lacking access to electricity, mini-grids – electrical generation and distribution systems of less than 10 megawatts (MW) – have enormous potential to electrify rural communities. By 2040, an estimated 140 million rural Africans will get electricity from mini-grids, requiring more than 100,000 mini-grids to be built. Tanzania is a regional leader in mini-grid development and a new report from Tanzania Traditional Energy Development Organization (TaTEDO) and World Resources Institute (WRI) finds that rapid expansion of mini-grids in Tanzania has been possible because of bold and adaptive energy policies.
The report, Accelerating Mini-grid Deployment in Sub-Saharan Africa: Lessons from Tanzania, was released at a daylong event in Dar es Salaam featuring remarks from Eng. Edward L. Ishengoma, Assistant Commissioner for Renewable Energy for the Government of Tanzania. The report finds that Tanzania now has 109 mini-grids, serving over 180,000 people. Tanzania mini-grids’ 157.7 MW of installed capacity includes hydro, biomass, hybrid, fossil fuel and solar systems. By comparison, Tanzania’s central grid has installed generation capacity of approximately 1,500 MW, with mostly hydro and natural gas, serving around 9 million people.
“Given the challenges of insufficient electricity and difficulties for the national grid to reach all areas in the country, it is essential to develop mini-grids, micro-grids and stand-alone electrification." said Hon. Dr. Medard Kalemani, Deputy Minister for Energy and Minerals, Government of Tanzania. “As a country, we are committed in promoting renewable energy technologies by making sure that proper frameworks and other enabling environments are in place to facilitate investments. Off-grid electrification using renewable energy technologies can offer a power solution to rural and remote areas. Tanzania is committed to implementing Sustainable Development Goal 7 that by 2030 will ensure most of the population access to modern energy services and will double the share of renewable energy in the energy mix.”
Rural electrification is a key component of the government’s plan to make Tanzania a middle-income country by 2025. Given the country’s large size and low rural population density extension of the national grid to many isolated rural areas is not economically feasible. Tanzania estimates that about half the rural population may be more cost-effectively served by decentralized options than by centralized grid expansion.
“We’ve long heard that Tanzania is a regional leader in mini-grid development. Our research establishes the fact,” said Estomih Sawe, executive director, TaTEDO, “As we collected data for this report, we saw how mini-grids can support schools, health clinics and small businesses in Tanzania’s rural communities. We need more information about how mini-grid development can help households across Tanzania.”
In 2008, Tanzania adopted a new regulatory framework to encourage low-cost investment in mini-grids, called the small power producers (SPP) framework, which caused the number of mini-grids to double. The financial mechanism created – a feed-in tariff – was technology neutral, which favored biomass and hydro development. However, a 2015 revision to the policy encouraged solar and wind development. On June 29, 2017 Tanzania’s Energy and Water Utilities Regulatory Authority (EWURA), the national regulator, approved a third generation mini-grid framework.
The third generation rules provide several important improvements to create an enabling regulatory environment, including: allowing mini-grids at multiple locations to acquire a single license (above 1 MW) or registration for mini-grids using the same technology (below 1 MW); defining eligible customers that need not have their tariffs reviewed by EWURA; providing for provisional registrations for mini-grids; allowing grid-connected mini-grids to operate in islanded mode when power supply is not available from the main grid; and, providing additional clarity and credibility on the calculation of compensation for distribution assets when the main grid connects to a previously isolated mini-grid.
“The third generation SPP and mini-grid rules represent a significant next step in our continued efforts to create an enabling environment for mini grids in Tanzania,” said Eng. Godfrey H. Chibulunje, Director of Electricity, EWURA. “With explicit guidance on options for when the main grid arrives and a simplification of the licensing and registration requirements, among other important updates, we are confident that these new rules will encourage even more investment in mini-grids over the next several years.”
Mini-grids have several potential benefits to rural communities: extending business hours for merchants and services; improving access to information through radios and phones; increasing school hours and study time at home; helping hospitals reduce child and maternal mortality; and supporting new enterprises like mechanical workshops and fruit processors.
“For communities across the region, a consistent and affordable supply of electricity can open new possibilities for socioeconomic progress,” said Andrew Steer, president and CEO, WRI. “Mini-grids have the potential to be a transformative solution for sub-Saharan Africa as informed investors and ambitious government targets are aligning to make rapid growth possible. Now is the time to act.”
The report details the location, ownership model and technologies of Tanzania’s 109 mini grids. It finds that several entities have an ownership role: the national utility (TANESCO), private businesses, faith-based organizations, communities and (in the past) cooperatives.
"Meeting the goal of universal access to modern energy in sub-Saharan Africa remains a key challenge in coming decades. Nevertheless, a handful of African countries have begun to show steady progress and have largely embraced multiple supply solutions— from conventional grid systems to emerging technologies in mini-grids and solar home systems," said Sudeshna Ghosh Banerjee, practice manager, East Africa, Africa Energy and Extractives Practice, World Bank. "This report, prepared by TATEDO and WRI and supported by the World Bank and ESMAP, is an excellent source of information on the current state of the mini-grid sector in Tanzania, the factors contributing to its success to date, and the agenda that still lies ahead.”
The report identifies five priority actions to bring mini-grid technology to scale in Tanzania and across the region:
Build up knowledge and make information about mini-grids available and accessible;
Create an adaptive policy and regulatory framework;
Streamline licensing and permitting procedures outside the electricity sector;
Develop the capacity of mini-grid developers, especially local ones;
Build a robust understanding of the impacts of mini-grids on development efforts like agriculture, health and education.
“Mini-grids aren’t a new electrification approach in Tanzania - they’ve been in use since colonial times to power industry like mining in remote regions,” said Lily Odarno, lead author and associate, WRI. “What is new is the set of policy, regulatory, and financing mechanisms that Tanzania’s government has introduced to accelerate development of renewable energy mini-grids and their scale-up. Energy decision-makers across the region can look to Tanzania’s adaptive approach as a way to bring electricity for rural communities across sub-Saharan Africa, with benefits for schools, businesses and health clinics.”
Also launched today, a new interactive tool, Tanzania Energy Access Maps, allows users to explore the mini-grid data alongside economic indicators in Tanzania’s regions and districts. Electricity planners in Tanzania can use the maps to identify areas best placed to benefit from mini-grid projects. Energy enterprises can use the maps to target regions with the most potential for a strong customer base.
ABOUT TaTEDO
TaTEDO is a sustainable energy services organization based in Dar es salaam, Tanzania with zonal centers in Shinyanga and Moshi towns, implementing activities in several regions, districts and villages in Tanzania. The organization has more than twenty-five years’ experience actively involved in sustainable energy development projects and programmes in rural areas. It is also hosting national and regional networks and is affiliated to several local and international sustainable energy development partners and networks. In this regard, TaTEDO executes its work based on the experience and knowledge drawn from its staff, networks and partners at local, national and international levels. https://www.tatedo.org/
ABOUT WORLD RESOURCES INSTITUTE
World Resources Institute (WRI) is a global research organization that spans more than 50 countries, with offices in Brazil, China, Europe, India, Indonesia, Mexico and the United States. Our more than 700 experts and staff turn big ideas into action at the nexus of environment, economic opportunity and human well-being.
Daniel Melling
dmelling@wri.org
@daniel_melling
Project: Energy Access
Geography: Africa, East Africa, Tanzania
Topics: Energy Access, Energy
Accelerating Mini-grid Deployment in Sub-Saharan Africa: Lessons from Tanzania
Tanzania Energy Access Maps
Electrifying Africa with Mini-grids: Five Lessons from Tanzania
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Governor Mead Advocates Moving Beyond Climate Debate
By Stephanie Joyce • Aug 14, 2015
Credit Office of the Governor
Energy has always been an important topic in Wyoming, but it’s increasingly becoming an important global conversation, especially in the context of climate change. Wyoming, as the second-largest energy producing state in the nation, is central to that conversation. Decisions made today will likely affect the state and the country for years and decades to come. In an interview with Wyoming Public Radio’s energy reporter Stephanie Joyce, Governor Matt Mead started by saying he thinks it’s time to move past the debate about climate change.
GOVERNOR MATT MEAD: I think regardless of the energy source, we should always be looking at ways how to improve it. Even the green energy, for example, wind energy has its own challenges with viewshed, endangered species. The same is true with fossil fuels. We should all have a goal to how do we make every energy source as clean, as efficient and as environmentally friendly as we can. Let’s find technology and innovation that finds the solutions. It’s not a solution to take coal off the table. It’s too good an energy source. So, let's look to how do we improve it.
While I may be a skeptic, we do see that the markets are not a skeptic. You see what’s happened to coal companies stock prices, you see major banks like bank of America withdrawing from coal, so to my friends in the coal sector, I say, we’ve got to move beyond where we believe or not. Here’s the reality: other industries believe it, other countries believe it. So we are now in a position [where] let’s find the solutions for it.
STEPHANIE JOYCE: We’ve all heard at this point about the Obama administration’s new carbon regulations for power plants. Those primarily target coal-fired power plants and making sure that those power plants do get cleaner, that we do capture the emissions or reduce the emissions from those coal-fired power plants over the 15 years and improve the technology, or shut them down if that’s not possible. So what’s your plan with regard to those regulations here in Wyoming?
MEAD: Well, first of all, I think the regulation is horrible. And the reason I think it’s horrible is I don’t think it does much in the way of providing for innovation and technology. What I think it does do is shut these coal-fired plants down.
And it’s particularly harmful to the State of Wyoming. When the draft rule came out, we commented on it. And the draft rule required a 19 percent reduction for Wyoming, and we made serious comments as did some of the state agencies and then the final rule comes out it’s gone from 19 percent to 41 percent. So my comments netted about 20 percent additional burden on the state of Wyoming.
But beyond that I think it’s a bad deal because I think it effectively starts taking coal off the table. And that’s not just bad for Wyoming, it’s frankly bad for the country. And no one is asking the question: assume they get everything they want in this, what does it do? What does it to the United States in terms of the economy, in terms of us not being as competitive as we should be, and what does it do competitively on the pro side? What does it do terms of this goal of helping the environment? And I think it’s negligible at best.
JOYCE: In the past, regulations have come down and people have said ‘it’s going to ruin this industry, it’s going to ruin that industry.’ And industries have actually innovated and managed to comply typically in the past. Why would this regulation be any different? It’s set a limit, it’s set a target, why wouldn’t the coal industry be able to innovate its way to that goal?
MEAD: We’re in a situation where these rules are not in isolation. You put the Clean Air rules on top of the regional haze rules, on top of the mercury rules, and this is different than what we’ve seen in the past, it is a layering.
Also, in order for us to say, ‘well we’ll get through this,’ you have to say the industry is going to survive. Because innovation and technology are not going to come in a vacuum where you have a dying industry. I mean, who’s going to invest in the technology needed to do that?
You know, we did move from the candle to the lightbulb because of regulations. We did it because we had a spirit of innovation and opportunity for technology in this country, and I think the same is true with coal. Create an environment where it is not death by regulations, but it is improvement by innovation, and I’m convinced science and scientists can find the answers to coal.
JOYCE: But even when coal companies were doing well, even when they were raking in huge profits, a lot of people have argued that they didn’t prioritize those investments in research and development, they didn’t prioritize innovation and working with their customers, the utilities, to come up with solutions. So what makes you think that would change in the future?
MEAD: Well, depending on the company and how far back you go back, that may be a legitimate criticism, that [they] had the opportunity to do that. But if you look at the way regulation works in this country now, you have to take that criticism in context. Say you’re in that business and you invest $100 million or $1 billion on new technology and it gets you to point A, then what happens is just what’s happening now. They invested a lot of money in improving coal-fired plants and then new regulations come along. So we have not created an environment where there’s an incentive to be proactive because if you’re proactive there’s no reward in it, there’s just the punishment for ‘oh, you’ve gone here, now we’re going to add regulations and show you what you really should have done.’
JOYCE: You’ve said you are planning to sue over these new regulations. Are you planning on drafting a compliance plan?
MEAD: We’ve been looking at that as everyone else has, and it’s sort of under this threat that either you come up with a state plan or you’re going to have to live under a federal plan. And we’ve done that deal, that’s exactly what happened with regional haze, we worked and worked and worked and came up with a plan, a state plan for regional haze that we thought was very good. The EPA comes in and says it’s not to their liking, so you’re under a federal plan anyways.
We don’t live in a vacuum. We look at it and say ‘if this comes about, whether we’re forced to do a state plan or a federal plan, how would we go about doing it?’ And when it was a 19 percent reduction, it looked onerous and then like I said, we commented to the EPA and they bumped us up to 41 percent and it looks much worse now.
JOYCE: So is that a yes or a no on the compliance plan?
MEAD: Well, yeah. It’s a yes. We’ve been looking on how to work it, but to date I will tell you that I don’t see, and I don’t think the people in my state agencies, see a real workable plan on how to go forward to get this accomplished.
JOYCE: Wyoming has excellent renewable energy resources, both wind and solar. And I think a lot of people would argue they’re underutilized at the moment—there isn’t nearly as much investment in wind here as there is in places like Iowa and Texas. What role should renewable resources play here in Wyoming going forward?
MEAD: It’s like I said, I think this is the time to be adding energy sources. And I think renewables need to play a bigger and bigger role. I proudly say we have the best onshore wind in the country. We have some great opportunities to do that. But wind, like other energy sources, has its own energy challenges. If you’re in an area where you’re going to be looking at an oil derrick for six months versus wind turbines for 30 years, people have different feelings on that. If you have concerns, as say the Audubon Society does, about the wind turbines and raptors, if you have concerns about bats, those are all challenges.
And then the other part of it with regard to wind is then you get into the issue of transmission, and where are you going to put the power lines? Whose backyard do the power lines go through? So it has its own challenges, but as you see, a company is in the planning process in Wyoming to put up the world’s largest wind farm, so it’s certainly not a situation where Wyoming has stifled wind development. It’s that we have to work through a different set of issues, but also tricky issues to get those things done as well.
JOYCE: You’re revising your energy strategy at the moment. I was up at the energy strategy meeting in Gillette where you were soliciting input from the public. One of the things that a number of people told me was they’re very happy that you’re asking for their input, but what they’d really like is to hear what your plan is. So, for those people, can you summarize what your plan is?
MEAD: Well, part of the energy strategy is to help develop that plan, and that’s why we reach out to people on what their point of view is. But I would say this: before I came into office, the state that exports more energy than any other state didn’t have an energy plan, and so part of the energy plan is to see what we have, where we are and where we’re going.
I think that the energy strategy overall is I want to make sure we have a way to responsibly develop our minerals in an environmentally sound way. That we can do so and not only meet what other states are doing but frankly set the example for the country on how to go about doing this, so that 10 years, 50 years from now, we can say, we have number one uranium reserves, number one in coal, top ten in oil and gas and we’ve continued to develop those. We have protected our environment, we have found the right balance and that we’ve provided the wealth to the citizens of this state that resulted from that development, that builds our schools, builds our roads, funds our family services, funds our department of health. And that we do it in a way that 50 years from now, we still love the look, the feel the taste of Wyoming.
Governor Matt Mead
Pope's Environmental Message Can Be Challenging For Coal Country Catholics
By Aaron Schrank • Aug 14, 2015
Tonight’s class on the new papal encyclical at St. Paul’s Newman Center Catholic church in Laramie begins, well, in the beginning. Before parishioners dive into the Pope’s message, they read aloud from the creation story in Genesis.
The Pope’s letter began drawing a flurry of praise and condemnation before it was officially published. The teacher here, Father Rob Spaulding, points out that a draft was leaked to the press a few days early.
“So clearly it was something there was great interest about,” Spaulding says.
Gillette, A Town Built On Coal, Contemplates Its Future
Leigh Paterson/Inside Energy
Third-generation coal miner Kent Parrish was blown away the first time he saw a Wyoming coal mine.
“Seventy-five to a hundred-foot coal seams!” he said, recounting the experience on a recent evening while peering down in the huge black pit of the Eagle Butte coal mine, north of Gillette. “If we hit a six-foot seam back home, we thought we hit the motherlode.”
Reluctantly, Governor Mead Explores Options To Cut Carbon Emissions
Wyoming Governor Matt Mead says the state will draft a plan to comply with new federal regulations for carbon emissions from power plants.
The Obama administration released the final version of its Clean Power Plan last week. It requires Wyoming to reduce its carbon emissions more than 40 percent by 2030.
Wyoming Gets Stricter Target In Final Carbon Regulations
By Stephanie Joyce & Caroline Ballard • Aug 4, 2015
Leigh Paterson / Inside Energy
On Monday, the Obama administration released the centerpiece of its climate change agenda: the Clean Power Plan. The rule aims to reduce carbon emissions from coal and gas-fired power plants and increase the country’s use of renewable energy.
Wyoming Public Radio’s energy reporter Stephanie Joyce joined Morning Edition host Caroline Ballard to talk about the details of the plan and what it means for Wyoming.
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Saturn Presents:
With Dexter Romweber
Price$18.00-$20.00
Southern Culture On The Skids has been consistently recording and touring around the world since its inception in 1983, when Rick Miller was a grad student at UNC-Chapel Hill. The current lineup (Dave Hartman - drums; Mary Huff - bass and vocals; Rick Miller - guitar and vocals) has been playing together for over 30 years. The band's musical journey has taken them from all-night NC house parties to late night network talk shows, and from performing at the base of Mt. Fuji in Japan to rockin' out for the inmates at NC Correctional Facilities. Their music has been featured in movies and TV, and used to sell everything from diamonds to pork sausage, and their legendary live shows are a testament to the therapeutic powers of foot-stomping, butt-shaking rock and roll. Bootleggers Choice is the brand new album from Southern Culture On The Skids. The album features 16 all-new recordings of the most requested songs from the bands long out-of-print major label releases, Dirt Track Date (1995) and Plastic Seat Sweat (1997), plus a re-mastered edition of the original 1991 recording of "Camel Walk" from the Santo Sings EP. These 16 new recordings were tracked and mixed by Rick Miller and the original engineer/producer of Dirt Track Date and Plastic Seat Sweat, the one and only Mark Williams, at Ricks rural NC studio (and SCOTS clubhouse) The Kudzu Ranch. Double LP, CD, and digital available for pre-order Sept 14th, in stores Nov 16th .
Dexter Romweber
For nearly 30 years, the name Dex Romweber has been the password to a cool club. It lets the doorman size you up through the slit in the green door that leads to a world where rock and roll is still real… and real, real gone. Dex's progeny, impacted by his wild and wildly influential work in Flat Duo Jets, his Duo and solo, includes the White Stripes, the Black Keys, the Kills, Man or Astroman? and dozens of other bands that have stripped down, turned up, and cut loose. Songs don’t just come out of Dex, they seem to erupt; there is an unearthly urgency in the singer and the song. There’s no tamping it down, Dex lays it out there every time. But sometimes – in all that mind-blowing sound and energy – the soul often gets overlooked, and Dex is, above all else, a deeply soulful performer. Carrboro, with its cover shot of the railroad tracks that run through his hometown, where on a grey day or a dark night you'd find a young Dex immersing himself in the music of his idols, is his fourth record for Bloodshot (and his first for us a solo artist). Through 13 originals and far-ranging covers, Dex reaches into his steamer trunk of influences and inspirations, and fabricates an enthralling sonic quilt. As Dex describes his approach, “It doesn’t matter to me what genre—if I like a song I might record it.” It’s all different, but all of one piece. On Carrboro, Dex assumes several musical mantles (and uncharacteristically plays all or many of the instruments). There’s the sparse and jumpy hillbilly liveliness of “Knock Knock (Who’s That Knockin’ On My Coffin Lid Door?)” with help from Rick Miller of Southern Culture On The Skids; “Lonesome Train,” originally recorded by Cecilia Batten in nearby Chapel Hill in ’57; and a take on the T. Bone Burnett-penned “I Don’t Know,” sung by The Dude and Ryan Bingham for the film Crazy Heart (says Dex: “the lyrics seem to be so much about my own life… damn I just had to record it”). With the fuller sound of the New Romans, a 10-piece Chapel Hill collective, “Nightide” is a Tarantino grind on the surf-deck of the USS Enterprise, while Mahalia Jackson’s “Trouble of the World” throbs with a thrilling apocalyptic gloom. Dex’s last-call crooner persona kicks off the album with a surprising contemporary cover, that of English singer-songwriter Findlay Brown’s “I Had A Dream” (“It affected me deeply personally when I first heard it,” Dex explains). He embraces “Smile,” a Charlie Chaplin tune (yeah, you read that right) and the Jerry Lee Lewis obscurity “Tomorrow’s Taking Baby Away” with Waits-ian levels of resignation and weariness. And no Dex Romweber record is complete without some instrumental wizardry. There’s the tiki surf of “Midnight at Vic’s” and the sunset dreamscape of “Out of the Way.” He even turns “My Funny Valentine,” the Rodgers and Hart Broadway chestnut from the 1930s into the soundtrack to a ghostly roller rink murder caper. In the end, the album plays like the jukebox at the full service honky-tonk saloon, jazz club, Tin Pan Alley pitch house, and blues joint along the tracks. Get off at the Carrboro station.
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New American Oil Production to be the Backbone of Success for Exxon
March 3, 2017 By Dick Young
Hydraulic fracturing pumps.
In 2017 Exxon will spend a fourth of its budget on drilling in Texas, new Mexico and North Dakota shale plays according to Bradley Olson at The Wall Street Journal.
The U.S. increasingly appears at the center of a burgeoning global revival after prices rebounded modestly and companies such as Exxon have improved in their ability to profit due to lower costs and feats of engineering.
Yet unlike some peers that plan to keep investment roughly flat in future years, Exxon plans to increase spending to an average of $26 billion a year from 2018 to 2020. The company plans $22 billion in investments this year.
“Our job is to compete and succeed in any market, irrespective of conditions or price,” new Chief Executive Darren Woods said at Exxon’s analyst meeting in New York. It is his first major appearance since taking over for Rex Tillerson, who stepped down to become President Donald Trump’s secretary of state.
“The ultimate prize in the Permian is significant,” he said, noting that the land the company controls in the West Texas and New Mexico oil region may hold the equivalent of as much as 6 billion barrels of oil and natural gas.
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Mar 22 - Man Arrested Following Devil’s Tower Road Crash
Written on 22 March 2019 .
A 21-year-old local man was arrested in the early hours of this morning for dangerous driving following a traffic collision at Devil’s Tower Road.
The man, the driver of a locally registered vehicle, lost control of his vehicle shortly before 0130hrs as he was travelling westbound.
He collided with the central reservation, resulting in extensive damage to this and causing the vehicle to overturn, with it too sustaining extensive damage.
Neither the driver, nor his three male passengers were injured in the incident, but all four were, nevertheless, conveyed to SBH for assessment.
This single incident meant the road had to be closed for over four hours whilst the vehicle occupants were attended to, the vehicle was made safe and the initial investigation and subsequent clean-up was carried out.
The RGP says the incident also tied up "huge human and material resources" from multiple agencies with some of these having to be called out specifically to attend to this incident. A total of twelve officers were committed to this incident, with tasks ranging from first response, initial investigation, recording and examination of the scene, traffic management and tow truck drivers. Additionally, a Fire and Rescue Service appliance and full crew were also involved as were two GHA ambulances, Highways and GibElec personnel.
The driver is currently on police bail.
I Love Cricket (And So Should You)
By Mark Montegriffo
A pub called The Australian in New York City opened its doors at 5:30am. According to reports in the room, the bar was packed shortly after. The customers weren’t there for a football world cup final; the inspiring win by the US women’s team was a week prior. They got to the bar to watch the cricket world cup final broadcast from London. What they were about to witness was the most unlikely conclusion to a cricket game and a truly historic seven or eight hour drama of sport. England and New Zealand have revolutionised the format of one-day cricket in recent years but nobody could have predicted this conclusion.
Military Movements Review: June
YGTV’s article series continues - each month, David Sanchez will review military visits to the Rock. Drawing on his in-depth knowledge and photographic skills, the articles will provide readers with valuable background facts to the aircraft and vessels that pop into the Rock.
GIBRALTAR WEATHER
Reader Pics
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(TAP) – Prime Minister Youssef Chahed said in a comment on Facebook that the adoption on Tuesday by the House of People's Representatives (HPR) of the bill on the declaration of assets and the fight against the illicit enrichment and conflict of interest in the public sector "is one of the most important reforms of the government, an essential mechanism in the fight against corruption and a real revolution in the Tunisian legislation in this field".
"The HPR has just passed the law on declaration of asserts and combating illicit enrichment and conflict of interest initiated by the government and known more widely to the public as" where do you have this?" and I must express my thanks to the people's deputies for their approval of the law," writes Youssef Chahed on his facebook account.
The HPR adopted, on Tuesday, by a majority of its members, the draft law n ° 2017-89 on the declaration of assets and the fight against the illicit enrichment and the conflict of interest in the public sector.
Some 126 MPs voted in favour of the bill, which has 52 clauses, against a single abstention. No votes against.
Last June 19th, the HPR began the examination in plenary session this bill whose first chapter relates to the general provisions, the second deals with the prevention of the illicit enrichment and the conflicts of interest. The third chapter deals with sentences and the fourth deals with final and transitional provisions
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27 February 2016 - TAP - The Prime Ministry said Saturday it lodged a complaint with the Public Prosecutor at the Tunis 1 Court of First Instance so as to pursue legal action against the leadership of the Union of Internal Security Forces.
The leaders of the union will be sued for invading the building of the ministry, brandishing threats of disobedience and shouting political slogans and improper words that harm the prestige of the State and its institutions, said a Prime Ministry press release.
Legal action will also be brought against the leaders of the union for hindering the proper functioning of the State services, inciting trouble, disrupting public order and breaching provisions of the state of emergency.
The Prime Ministry said Friday it intends to institute legal proceedings against all those involved. Such a conduct cannot be tolerated and has nothing to do with trade union action, it indicated.
A large number of security personnel rallied Thursday at El Kasbah Square at the call of the Union of Internal Security Forces, in protest over pay and social conditions.
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Engineered algae puts half of its carbon into fats for biofuels
There's an inherent tension in convincing organisms to produce fuel for us. To grow and thrive, the organism has to direct its energy into a variety of chemicals—proteins, fats, DNA, and more. But for biofuels, we're mostly interested in fats, which are long-chain hydrocarbons that already look a lot like our liquid fuels. Fat is easy to convert into biodiesel, for example.
So how do we convince an organism to do what we want, rather than what it needs? There have been two approaches to this so far. One is to take an organism that we understand well and engage in genetic engineering to direct its metabolism toward fuel production. The second approach is to search for organisms that naturally produce lots of the chemicals we're interested in.
Now, researchers at the company Synthetic Genomics have taken what you might consider a hybrid approach. They've started with an algae that will produce oodles of fat, but only if you stop its growth by starving it of essential nutrients. And, by studying how this starvation response works, the scientists identified a key regulator and altered its activity. The engineered strain produces nearly as much fat as the normal strain, but it does so while continuing to grow.
Understanding algae
The species in question is a single-celled algae called Nannochloropsis gaditana. It has two properties that make it great for biofuel production. One is that it's part of a genus that is happy to grow in salt and brackish water, meaning that biofuel production doesn't have to compete for fresh water. The second property is that it naturally produces a slew of fats (largely triacylglycerols). Starving Nannochloropsis for an essential nutrient (nitrogen) causes the algae to convert its spare energy to fat for storage, allowing it to ride out the adverse conditions. These lipids can end up accounting for 60 percent of the cells' dry weight.
Unfortunately, starving the Nannochloropsis algae isn't exactly conducive to continued growth. Rather than having a nice, continuously expanding culture that you can pull cells out of for fuel production, the entire population has to go through a boom-bust cycle. Researchers have tried for years to engineer a similar response that doesn't require starvation, but their efforts have been slowed by the fact that there are no genetic tools for engineering Nannochloropsis, and we don't know enough about the biology of its starvation process to really understand what to target.
The new work from Synthetic Genomics deals with both of these hurdles. To start with, the company's researchers got the CRISPR-Cas gene-editing system working in Nannochloropsis. That allows them to target any gene they'd like for deletion, modification, or replacement.
But they also worked on understanding how the starvation process gets triggered. Changes in fat metabolism start to become apparent about five hours after all nitrogen sources are taken out of the culture. So, the team reasoned, changes in gene activity have to come before that. After three hours of starvation, the researchers looked for changes in the activity of a specific class of genes: those that bind to DNA and regulate nearby genes. These, they reasoned, could be controlling the starvation process.
They came up with a list of 20 genes. The researchers then targeted 18 of them individually for elimination using the CRISPR editing system.
Faking starvation
One of these 18 genes, called ZnCys, turned out to be exactly what the researchers were hoping to find. Eliminating the gene caused the algae to build up three times more fat under non-starvation conditions than the normal strain. Unfortunately, the edited version also acted like it was starving, with growth slowing to a crawl. As a result, the normal strain would outproduce the gene-edited version over the long run.
To get around this issue, the researchers started targeting sites near the part of the gene that encodes a protein. These nearby sequences often help control the amount of protein produced from a gene, so disrupting them could produce a version of the ZnCys that had lower activity than normal but wasn't completely shut down. Their plan worked; the researchers ended up with three new strains, which saw ZnCys activity reduced by 20, 50, and 70 percent, giving them a nice range to test.
To an extent, all of the new strains worked. While total productivity of the three engineered lines was down compared to a normal strain, it was only down by anywhere from five to 15 percent. While there were definitely fewer cells, they incorporated large quantities of carbon, and they converted more than twice as much of it to lipids. This more than made up for the drop in cell number. Critically, the strains did fine in a continuous culture, meaning that you could siphon off 70 percent of the cells each day for biofuel production without shutting the whole culture down.
A closer examination of gene activity in the cells showed that the engineered versions had reduced activity of genes involved in importing and assimilating nitrogen. So even when nitrogen was present, the cells weren't able to use as much of it, which nicely explains why they acted like they were semi-starving.
Ideally, I expect that Synthetic Genomics would prefer to generate a strain that produces a lot of lipids even when the strain is not nitrogen starved at all. As a result, the company probably viewed ZnCys as a bit of a disappointment—Synthetic Genomics would have probably preferred a gene that simply switched the metabolism into lipid production mode without messing with nitrogen.
Still, the study provides some indication of how the nitrogen response is regulated. One of the other 18 genes the researchers looked at (or the two they didn't) may or may not be more directly involved in lipid production, but it didn't show good performance in this screen because it had so many other effects. No doubt the team is continuing to dissect the pathways that get activated when nitrogen becomes limited.
And, in the mean time, the researchers have a strain that can do continuous biofuel production at double the rate of the normal one—which is certainly better than what they started with.
| Categories: | Tags: Biofuels, genetics, genome modification, genetic engineering, synthetic biology, CRISPR, CRISPR/Cas9 | Comments: (0) | View Count: (893) | Return
Lipid production in Nannochloropsis gaditana is doubled by decreasing expression of a single transcriptional regulator.pdf 6/21/2017 7:47:40 PM
The Hallmarks of Aging 6/9/2017
Old blood made young again 3/25/2017
Scientists get the green light to resurrect the dead with stem cells 3/5/2017
The Latest Research on Soy and Cancer 3/15/2017
Antibiotic doxycycline may offer hope for treatment of Parkinson's disease 5/22/2017
The secret to a long and healthy life? Eat less 6/12/2017
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Learn from Pros
NEW Interviews
Photography awakens us to the experience of being alive.
Thomas Mangelson
Legendary nature photographer Thomas D. Mangelsen has traveled throughout the natural world for over 40 years observing and photographing the Earth's last great wild places. A Nebraska native, Mangelsen's love of nature, his life outdoors and business success were heavily influenced by his father. An avid sportsman, Harold Mangelsen took his sons to favorite blinds along the Platte River in Nebraska to observe the great flocks of ducks, geese and cranes that migrate through the valley. From these adventures, Mangelsen learned important lessons for photographing in the field, most notably patience and understanding animal behavior.
One of the most prolific nature photographers of our time, Mangelsen is as much an artist as he is a conservationist. Tom was named the 2011 Conservation Photographer of the Year by Nature's Best Photography, placing his work in the permanent collection at the Smithsonian's National Museum of Natural History in Washington, D.C. He was named one of the 40 Most Influential Nature Photographers by Outdoor Photography. His image Polar Dance was selected by the International League of Conservation Photographers as one of the 40 Most Important Nature Photographs of All Time. He was chosen as one of Dr. Jane Goodall's Heroes of the Animal Planet and profiled in the television series of the same name. Mangelsen was named one of the 100 Most Important People in Photography by American Photo magazine and honored with Nikon's Legend Behind the Lens recognition. The North American Nature Photography Association named him Outstanding Nature Photographer of the Year, and Mangelsen also received the prestigious British Broadcasting Corporation's Wildlife Photographer of the Year Award. He was presented with an honorary doctorate from Doane College and received an Honorary Fellowship from The Royal Photographic Society.
Mangelsen's work has been published in National Geographic, GEO, Le Figaro Magazine, BBC Wildlife, Life, Audubon, National Wildlife, Smithsonian, Natural History, Newsweek, Wildlife Art, American Photo, Nature's Best Photography and many other publications. Tom has also been profiled on The Today Show, Good Morning America, CNN's World News, CBS News, and ABC's World News Tonight with Peter Jennings. In addition, Mangelsen is co-founder of The Cougar Fund, a founding Fellow of The International League of Conservation Photographers, on the international advisory council for the Jane Goodall Institute and a board ambassador for the Jackson Hole Conservation Alliance.
Experience more HERE!
Clay Bolt
Clay Bolt is a Natural History and Conservation Photographer specializing in macro and close-up photography of Southern Appalachian biodiversity, with an emphasis on invertebrates, reptiles and amphibians. His images are regularly used by organizations and publications such as National Geographic, The Nature Conservancy, Audubon Magazine, BBC Wildlife and many others to promote an awareness and preservation of wildlife. He is an Associate Fellow in the International League of Conservation Photographers (iLCP).
In 2009 Clay co-founded the international nature photography project Meet Your Neighbours. MYN has grown to include dozens of photographers around the world. The mission at MYN is to reconnect people with the wildlife that lives within their own communities. In 2012, in partnership with The Highlands Biological Foundation, he co-founded Backyard Naturalists, whose mission is to inspire an appreciation of the natural world in children through science, art and technology. His latest project will focus on North America's native bees, their importance to our world and the challenges that they currently face.
Clay is passionate about spreading the message that a connection to nature begins at home, and he is always seeking out new ways to promote this concept through his photography, writing, presentations and community involvement. For the past decade Clay has regularly partnered with organizations to develop imagery that can be used to support conservation.
Experience more at ClayBolt.
Clay's ALIVE interview has been released HERE!
Interview with Clay Bolt
John Barclay
John is an award winning freelance photographer based in Bucks County PA. John is a passionate photographer and enthusiastic workshop leader.
John was personally selected by Dewitt Jones to participate in his www.healingimages.org project. John’s work has been published in a number of magazines and books and has been used by Nik Software, Topaz Labs and Lensbaby in their advertising campaigns.
Recently, John was the recipient of an excellence award from B&W Magazine.
National Geographic photographer Ami Vitale has traveled to more than 90 countries, bearing witness not only to violence and conflict, but also to surreal beauty and the enduring power of the human spirit. Throughout the years, Ami has lived in mud huts and war zones, contracted malaria, and donned a panda suit— keeping true to her belief in the importance of “living the story.” In 2009, after shooting a powerful story on the transport and release of one the world’s last white rhinos, Ami shifted her focus to today’s most compelling wildlife and environmental stories.
Her photographs have been commissioned by nearly every international publication and exhibited around the world in museums and galleries. Recently, she joined Ripple Effect Images, an organization of renowned female scientists, writers, photographers and filmmakers working together to create powerful and persuasive stories that shed light on the hardships women in developing countries face and the programs that can help them. She is also on the Photojournalism Advisory Council for the Alexia Foundation.
Currently based in Montana, Ami Vitale is a contract photographer with National Geographic magazine and frequently gives workshops throughout the Americas, Europe and Asia.
Josh Cripps
Josh was born in the city, raised in the mountains. Grew up on granite and the smell of pine trees. Studied engineering and got a job designing satellites but didn’t like sitting in a cube all day. Found photography, fell in love with it, and has no plans to do anything else. Currently residing in California’s breathtaking Sierra Nevada mountains.
A proud official Nikon photographer; his photos can be seen worldwide in the Nikon D750 campaign. In addition his work has been featured in magazines like Outdoor Photographer and Popular Photography, and hangs on walls in homes across the United States.
Paul Souders
Carlisle, Pennsylvania. 1961. (Eleven pounds, two ounces. My mother is a saint.)
Carlisle High School. Class of 1979. 48th percentile. Adolescent Underachiever.
University of Maryland. Six years. Three majors. Departed sans Degree.
Seattle, Washington 1995 - Present (Proud co-owner of 1905 Ballard farmhouse whose mortgage will be fully paid just in time for my 80th birthday)
Previous: California (1994) Alaska (1989 - 1993) Maryland (1980 - 1989),
Illinois (1980) Indiana (1980) Pennsylvania 1961 - 1979
26 addresses in 33 years.
Lawn Care Technician | One push mower. Three acres. Excellent tanning.
Gas Station Attendant | Yeagy’s Texaco. $2.10/Hour.
Dish Washer | Dickinson College Food Service
Door to Door Books Salesman | Summer, 1980 Tour of the American Heartland
Short Order Cook | How about scrambled eggs? I can do eggs.
UPS Package Sorter | Four days. Shortest Teamsters’ tenure on record.
Carpet Factory Machinists’ Helper | Two words. Forklift Races
Yearbook Editor | University of Maryland
Film and Camera Salesman | 15% Employee Discount
Barfly (In Training)
Experience more at WorldFoto.com
Paul's ALIVE interview is scheduled for release HERE in 2015!
"I love to make pictures that draw the audience in for a closer look.” Grab a flashlight, speedlight, headlamp, or glowstick and journey into the world of Dave Black where the action will be lit!
Dave’s education in Commercial Graphics Design and Studio Drawing lend well to his vision of photography. As a freelance photographer for over 30 years Dave’s work has primarily centered on the sports industry for such publications as Sports Illustrated, Time, Newsweek, and the award winning TV show Sports Century on ESPN.
The list of coverage includes the Masters, Kentucky Derby, National Football League, NASCAR and extensive work regarding the United States Olympic Committee, Olympic athletes and coverage of twelve Olympic Games.
Known for his creative use of Speedlights and in particular with the artistic technique of Lightpainting, Dave’s portfolio continues to broaden into the commercial and advertising industry, and with specialized lighting projects including work for the National Geographic and their book Where Valor Rests, Arlington National Cemetery.
Dave is a "Nikon Ambassador" and a SanDisk Extreme Team photographer. His monthly website tutorial articles, Workshop at the Ranch attracts more than 85,000 unique visitors monthly. Check it out!
Experience more at DaveBlackPhotography.
Dave's ALIVE interview has been released HERE!
Interview with Dave Black
Grab a snorkel and immerse yourself in Brian’s jaw-dropping images.
Brian Skerry is a photojournalist specializing in marine wildlife and underwater environments. Since 1998 he has been a contract photographer for National Geographic Magazine covering a wide range of subjects and stories.
Brian is praised worldwide for his aesthetic sense as well as his journalistic drive for relevance. His uniquely-creative images tell stories that not only celebrate the mystery and beauty of the sea, but also help bring attention to the large number of issues that endanger our oceans and its inhabitants.
His year round assignment schedule frequently finds himself in environments of extreme contrast from tropical coral reefs to diving beneath polar ice. While on assignment he has lived on the bottom of the sea, spent months aboard fishing boats and traveled in everything from snowmobiles to canoes to the Goodyear Blimp to get the picture. He has spent more than 10,000 hours underwater over the last thirty years. That’s more than some fish.
For National Geographic Magazine, Brian has covered a wide range of stories, from the harp seal’s struggle to survive in frozen waters to the alarming decrease in the world’s fisheries, both cover stories. Other NGM features have focused on subjects such as the planet’s last remaining pristine coral reefs, the plight of the right whale, sharks of the Bahamas, marine reserves, sea turtles and squid. He is currently at work on his twentieth feature story for NGM.
Brian has also worked on assignment for or had images featured in magazines such as People, Sports Illustrated, US News and World Report, BBC Wildlife, GEO, Smithsonian, Playboy, Esquire, Audubon, Men’s Journal and in countless publications worldwide. He is also the author/photographer of five books. His latest monograph Ocean Soul, was released late in 2011 and continues to receive worldwide acclaim.
Brian frequently lectures on photography and conservation issues having presented at venues such as TED Talks, Harvard University, The National Press Club in Washington, DC, the Royal Geographical Society in London and the Sydney Opera House in Australia. He is also a regular guest on television programs such as NBC’s TODAY Show, CBS Sunday Morning, and ABC’s Good Morning America. Recognition for his work includes awards from organizations and competitions such as Pictures Of The Year International (POYi), BBC Wildlife Photographer of the Year, Nature’s Best and Communication Arts.
In 2010, National Geographic magazine named one of Brian’s images among their 50 Greatest Photographs Of All Time. His fine art prints have been sold at auction at Christie’s, the world’s leading art business and he has had single photographer exhibits in venues such as Visa Pour l’Image in Perpignan, France, The G2 Gallery in Los Angeles and The National Geographic Museum in Washington, DC. Other recent print exhibits of Brian’s work have been held in Paris, Barcelona, Shanghai and Geneva. His latest exhibit, Portraits of Planet Ocean at the Smithsonian National Museum of Natural History in Washington, DC opened in September 2013 and runs for nearly two years.
He is a founding Fellow of the International League of Conservation Photographers (ILCP), the Explorer-In-Residence for The New England Aquarium, a Marine Conservation Fellow with Conservation International, on the National Council of the World Wildlife Fund and on the Board of Directors of the Sea To Shore Alliance. In 2012, Brian created the New England Ocean Odyssey, a 5-year project with the Conservation Law Foundation to photograph marine wildlife in New England waters.
After three decades of exploring the world’s oceans, Skerry continues to pursue stories that will increase awareness about the sea.
“The oceans are in trouble. There are some serious problems out there that I believe are not clear to many people. My hope is to continually find new ways of creating images and stories that both celebrate the sea yet also highlight environmental problems. Photography can be a powerful instrument for change.”
Experience more at BrianSkerry.
Brian's ALIVE interview has been released HERE.
Interview with Brian Skerry
Rob Sheppard
Rob Sheppard is a naturalist, nature photographer and videographer who says his favorite location is the one he is in at any time. He is the author/photographer of over 40 books, as well as a well-known speaker and workshop leader, and a Fellow with the North American Nature Photography Association.
He was the long-time editor of the prestigious Outdoor Photographer magazine and helped start PCPhoto (Digital Photo). Presently he is editor-at-large for Outdoor Photographer. He trained both as a photographer and a naturalist specializing in ecology and botany.
As author/photographer, Sheppard has written hundreds of articles about photography and nature, plus books including the Magic of Digital Landscape Photography, The Magic of Digital Nature Photography, Digital Photographer’s Complete Guide to HD Video and the National Geographic Field Guide to Digital Photography.
Experience more at NatureAndPhotography and MirrorlessNature.
Rob's ALIVE interview has been released HERE!
Interview with Rob Sheppard
Amy Gulick is an acclaimed nature photographer and writer. Her images and stories have been featured in: Outdoor Photographer, National Wildlife, Audubon, Sierra, and other publications.
Her work has received honors such as the prestigious Daniel Housberg Wilderness Image Award from the Alaska Conservation Foundation, the Voice of the Wild Award from the Alaska Wilderness League, and a Lowell Thomas Award from the Society of American Travel Writers Foundation. She is also the recipient of a Philip Hyde Grant for her work in Alaska’s Tongass National Forest, and a Mission Award, both presented by the North American Nature Photography Association.
Her book, Salmon in the Trees: Life in Alaska's Tongass Rain Forest, is the winner of two Nautilus Book Awards and an Independent Publisher Book Award.
Gulick is a founding Fellow of the International League of Conservation Photographers, a Fellow with the International League of Conservation Writers, a member of the Society of Environmental Journalists, and a member of the North American Nature Photography Association.
Experience more at AmyGulick.
Amy's ALIVE interview has been released HERE.
Interview with Amy Gulick
Dewitt Jones is one of America’s top professional photographers. Twenty years with National Geographic photographing stories around the globe has earned him the reputation as a world-class photojournalist. As a motion picture director, two of Dewitt’s films were nominated for Academy Awards.
In the business community, Dewitt’s work is also well known. He rose to the forefront of creative marketing by photographing national advertising campaigns for organizations such as Dewar’s Scotch, Canon, and United Airlines.
Dewitt has published nine books including California! and John Muir’s High Sierra. His most recent book, The Nature of Leadership, was created in collaboration with Stephen R. Covey.
Speaking to audiences across the country, Dewitt is recognized as a renowned lecturer. His genuine style and ability to communicate with audiences make his presentations truly outstanding. Dewitt’s inspirational messages are further discussed in his best selling training programs.
Dewitt graduated from Dartmouth College with a B.A. in drama and holds a Master’s Degree in filmmaking from the University of California at Los Angeles.
Experience more at DewittJones.com and CelebrateWhatsRight.com
Dewitt's ALIVE interview has been released HERE!
Interview with Dewitt
Alastair Humphreys
My route to making a career from arduous physical challenges began when I was small and weak and could not get into any sports teams at school. I found my niche in the outdoor clubs, sailing, fell-running and completing the National 3 Peaks in 24 hours when I was 13.
At 18 I taught in Africa for a year. This opened my eyes to the beauty of the world, that the world is crazier and there’s more of it than we think. I tasted adventure, camped beneath southern stars and I wanted more.
Throughout university I read books of epic journeys*, dreamt of being a writer and an adventurer and I set about taking the steps to make it happen. I saved up for summer exploits and the more I saw the greedier I became.
Back home I ran in the hills and realized that simply refusing to stop is a good way to ensure you reach the end.
My self confidence rose and, with it, my ambition. Freed at last from the shackles of formal education I headed for the world to start learning. My journey round the world by bike was intended as a journey not a structured expedition. I would wander where the fancy took me, I would travel slow, and cheap, and with wide open, curious eyes. If I could also help to promote ‘Hope and Homes for Children’ by succeeding that would be a further boon.
There was focus to it all as well: I wanted to make it right round the world to come home with sufficient material to begin learning to be a writer. I enjoy writing and I would love to make my life as a writer.
Home at last I tried hard to bury my wanderlust. I have had normal jobs and I have written two books. But it has not succeeded, and I’m now preparing for the next adventure. I have been at my most excited when hunched over a map and dreaming of more, or when eulogising to children at my talks about the thrill of freedom, the privilege of opportunity, the satisfaction of self-reliance and my gratitude that, for whatever reason, I snatched at my dream and I acted upon it.
If my journeys can convince children (or anyone) to out-stare the fear of failure and insecurity and to take a risk upon their ambition then I shall be well-pleased. If I can also share my new appreciation of how good the people of the world actually are, as well as my experiences of the great imbalance and injustice in our world, and my corresponding scorn of the apathy and “affluenza” in our own society then so much the better.
My next big journey is different. It has nothing to do with the fun and excitement of foreign cultures. It is a complicated, high-budget, technologically challenging expedition. But I am thrilled by it because it is different, it is difficult and because it will take me to more new places. New places physically, certainly, but new places in my mind and spirit as well. I will learn more about how hard I can push myself, about how much I can endure. It will hammer home how important the important things are in life, and how trivial most of our concerns are.
If the expedition also convinces some children of the potential in their lives I will be proud. If the expedition produces a book and helps me to eke a career from doing what I love I will be grateful.
The lifelong memories will be sweet. But most of all the adventure itself will be glorious: forcing my heart and nerve and sinew to keep going through some of the most desolate, unvisited, majestic landscapes on Earth, the opportunity to explore what I am capable of, to make the most of my too-fleet three score years and ten, to share it all with a good friend, to try to achieve a goal many believe to be impossible.
And all this away from the rushing madness of the world. To seek, to strive, to find, and not to yield: that’s what I want.
Experience more at AlastairHumphreys
Alastair's ALIVE interview has been released HERE!
Interview with Alastair Humphreys
Colby Brown
Colby Brown is a professional photographer, photo educator and author based out of Denver, Colorado. He specializes in landscape, travel and humanitarian photography.
Throughout his work one can see that he combines his love of the natural world with his fascination of the world’s diverse cultures. Each of his photographs tells a story of life on this planet.
Born in California, he developed a love for both the ocean and the mountains at a young age. Whether he was exploring the Sierra Nevada Mountains around Lake Tahoe or sailing around San Francisco Bay, Colby’s thirst for adventure and the outdoors started early.
Colby has dedicated the last eight years of his life to combining his passion for photography with his love of travel and adventure. From diving the Great Barrier Reef to climbing peaks in the Himalayas. Surfing the breaks off the North Shore in Hawaii to ice climbing the glaciers of New Zealand.
Through these experiences, he has learned the importance of compassion within this dynamic and complicated world we all live in. Lending a helping hand or even a smile can go a very long way. In 2010 Colby helped found Lespwa Haiti, an organization that sets out to bring back the focus on the rebuilding of Haiti. In 2011 Colby founded The Giving Lens, which blends photo education and giving back to local communities. If you get a chance, please check out the “Get Involved” section of this website to learn more.
While specializing in landscape and travel photography, Colby Brown, also does freelance photojournalism and donates his time to many Non Profit organizations while out in the field.
He is a citizen of both the US and Canada, a certified PADI Master Diver and Wilderness First Responder. He has worked as a photography instructor for National Geographic Student Expeditions and is currently focusing much of his time and energy on Humanitarian efforts around the globe.
Colby’s Clients have included: National Geographic, The Sierra Club, The Red Cross, The City of Denver, San Antonio Express News, H.E.L.P, Tree’s Water & People, Amurt, Empowerment International, The Bethlahem Christmas Project, The Denver Post, The Matador Network and many others. You can find Colby’s photography work in art galleries throughout Colorado and Texas as well as in many private collections.
Colby’s latest book, Google+ for Photographers, is now available at nearly all major retailers and most independent book stores. It focuses on showing you not only the nuts and bolts of Google+, but how to use its features to build an online following and grow your photography business in this new age of digital personable interaction.
Experience more at ColbyBrownPhotography.
Colby's ALIVE interview has been released HERE!
Interview with Colby Brown
Connor Stefanison
Prepare yourself for a young and fresh perspective on the natural world.
Living on the Pacific coast in British Columbia, Canada, Connor has learned about wildlife and wilderness firsthand. Connor's photography draws from knowledge gained throughout his life doing activities such as fishing, hunting, wildlife viewing, and camping. It was mountain biking that first sparked his interest in photography, which he took up in 2008 at the age of 17. Having such an outdoor oriented background, his focus quickly switched to nature photography.
Connor was recently awarded the 2013 Veolia Wildlife Photographer of the Year, Eric Hosking Award in London, where he was also a speaker at the WildPhotos conference.
Connor has recently completed a biology degree in ecology and conservation and hopes to become a conservation photojournalist.
Experience more at ConnorStefanison.
Connor's interview is scheduled for release HERE June 2014!
Joe and Mary Ann McDonald
Get ready to have a great time with Joe and Mary Ann.
They are the most prolific and active husband-wife nature photography team in the United States today. At least half of each year is spent in the field.
Joe has been photographing wildlife and nature since 1966, starting with images of his pet turtles, lizards, and snakes he made as a high school freshmen. By high school he was selling photos to the National Wildlife Federation, and by his freshman year in college he was publishing in that magazine.
Since then, Joe's been published in every natural history publication in the U.S., including Audubon, Bird Watcher's Digest, Birder's World, Defenders, Living Bird, Natural History, National and International Wildlife, Ranger Rick, Smithsonian, Wildlife Conservation, and more. He is represented by multiple stock photo agencies, both domestically and world-wide.
He is the author of seven books, A Practical Guide to Photographing American Wildlife; The Wildlife Photographer's Field Manual; The Complete Guide to Wildlife Photography; Designing Wildlife Photographs; Photographing on Safari, The New Complete Guide to Wildlife Photographyand African Wildlife, A Portrait of the Animal World. His book, Designing Wildlife Photographs, was judged best book by the Outdoor Writers Association of America for 1994. In 1999 he produced Photographing on Safari, Joe and Mary's first instructional video. With Rick Holt and Mary Ann McDonald, he is also the author of Digital Nature Photography - From Capture to Output.
Joe is a founding member of NANPA, the North American Nature Photography Association, is a NANPA fellow and a former Board of Director for that organization. He has conducted multiple educational sessions at the annual NANPA summits, and he and Mary Ann have been Keynote speakers at this event. He has also addressed nature photography groups around the country, in Arizona, California, Florida, Ohio, New York, New Jersey, West Virginia, Maryland, Delaware, and elsewhere.
Mary Ann has been photographing wildlife and nature professionally since 1990, after her interest was ignited by taking a photo workshop run by her future husband. Since then, Mary's been published in most American natural history magazines, including cover credits with calendars and Natural History magazine.
Mary has written numerous children's books, including Leopards, Grizzly Bears, Woodpeckers, Flying Squirrels, Cobras, Boas, Pythons, Garter Snakes, Rattlesnakes, Jupiter, Cows, Horses, Chickens, Ducks, and Sunflowers. These text and photo books are illustrated with photographs by Joe and Mary Ann. Mary's also written an adult coffee table book, Out of the Past, Tradition and Faith of the Amish in 1996.
In 1994 Mary won two first place awards in the prestigious BBC Wildlife Photographer of the Year Competition. Her two winning entries are once in a lifetime shots. Her fighting flying Great Egrets is a rarely photographed action, and her shot of Noon, a tigress in India, is historic as Noon, and so many other tigers of the Indian park where the image was made has probably been killed by poachers.
Joe and Mary Ann's work appears regularly in calendars and publications of the National Wildlife Federation, World Wildlife Fund, and such companies as Audubon, Birder's World, Brown Trout, Day Dream, Landmark, The Nature Company, Northword, Pet Prints, and numerous others. Although their work is represented by a number of stock photo agencies worldwide, they also maintain an active stock photo sales file from their Hoot Hollow home.
Experience more at HootHollow.
Joe and Mary Ann's ALIVE interview has been released HERE.
Interview with Joe and Mary Ann
Chris Packham
Chris was born in Southampton in 1961, and as soon as he was crawling around suburbia Ladybirds were being desiccated in matchboxes and tadpoles tortured in jam jars.
Husbandry skills improved and the menagerie expanded to large collections of reptiles (inside) and birds of prey, foxes, badgers, squirrels etc (generally outside). A precocious young scientist, swat and nerd-in-training he studied Kestrels, Shrews and Badgers in his teens and undergraduate days at the Zoology department of Southampton University. He also embraced Punk Rock and played in a band. The DIY ethos and determination to never take ‘no’ for an answer are forcefully retained.
Post graduation and a cancelled PhD, (the Badgers were getting a bit much), he began taking still photographs and trained as a wildlife film cameraman. The photography continues with exhibitions and invitations to judge prestigious competitions but the camerawork gave way to presenting.
Chris began with the award winning ’Really Wild Show’ in 1986 and has been working ever since. Credits include ‘Wildshots’, ‘Wild Watch’, ‘Go Wild’, basically lots of things with ‘wild’ in the title. ‘X-Creatures’, ‘Postcards from the Wild’, ‘Hands on Nature’, ‘Nature’s Calendar’, ‘Springwatch’, ‘Autumnwatch’, ‘Secrets of our Living Planet’ had more inventive programme names.
At the turn of the century Chris ran a hugely successful production company ‘Head over Heels‘ making programmes for Animal Planet, National Geographic, ITV and the BBC.
Experience more at ChrisPackham.
Chris' interview is scheduled for release HERE July 2014!
Kathy Adams Clark
Kathy Adams Clark is the owner of KAC Productions. She started the company in 1995 after a career in human resources. Her photos have appeared in many places including Birder's World, Ranger Rick, The New York Times and National Geographic Books. Kathy also leads photo tours for Strabo Tours. She speaks frequently at association meetings and nature festivals. In addition, she is Past-president of the North American Nature Photography Association.
Experience more at KathyAdamsClark.
Kathy's interview is scheduled for release HERE in 2016!
Neil Losin
Neil Losin, Ph.D. is an award-winning photographer, filmmaker, and writer. He has been using photography and video to tell science, natural history, conservation, and adventure stories for more than a decade. His images have won top honors in international photo competitions and have been published in dozens of books and magazines worldwide. Neil earned his Ph.D. from UCLA’s Dept. of Ecology and Evolutionary Biology in 2012, studying the ecology, evolution, and behavior of invasive Anolis lizards in Florida and the Caribbean.
Neil co-founded Day’s Edge Productions with Nate Dappen, Ph.D. in 2010 to bring science and conservation stories to broad public audiences through creative visual media. Together, Neil and Nate produce multimedia stories for academic and non-profit clients, including National Geographic, World Wildlife Fund, TRAFFIC, University of Miami, National Science Foundation, Untamed Science, Pearson Publishing, Howard Hughes Medical Institute, and others. They also teach photography and video skills to fellow scientists through immersive workshops. Workshop clients include University of North Carolina, Duke University, Organization for Tropical Studies, and Rutgers University.
Experience more at NeilLosin.
Neil's interview is scheduled for release HERE June 2014!
Mac Stone is an award winning natural history and conservation photographer from Gainesville, Florida. Over the years his camera has carried him to some of the most wonderfully remote and imperiled areas this side of the globe. From presidential overthrows and the Amazon Rainforest in Ecuador, to the Cangrejal River Basin in Honduras, up to the sagebrush country of Wyoming, and into the deepest regions of the Everglades, he strives to expose the dynamic relationship between mankind and the natural world.
Published domestically and internationally, his images have been featured in National Geographic books and Traveler magazine, BBC Wildlife, Nature's Best Magazine, Outdoor Photographer, National Parks Magazine, Audubon Magazine and many more. Currently, his work focuses on America's swamps in an attempt to change public opinion towards our country’s wetlands. After spending nearly four years living and working in the Everglades watershed, he will be releasing a 300-page coffee table book about the heralded River of Grass. His book, Everglades: America's Wetland will be released by University Press of Florida in the late summer of 2014.
Experience more at MacStonePhoto.
Mac's interview is scheduled for release HERE July 2014!
Bill Lea
Capturing intimate images of wildlife, scenery, wildflowers, and a variety of other natural subjects in "just the right light" has long been the trademark of Bill's photography. He is best known for his artistic documentation of deer and bear behavior, the various moods of the Great Smoky Mountains, the Florida Everglades and southern ecosystems.
Photographing in the Smokies since 1975 has afforded Bill limitless opportunities to observe and record the flora, fauna, and scenery of the region. Bill's craft reflects his deep appreciation for nature and he communicates his enthusiasm and expertise as a natural history photographer and writer to others through his books, workshops, feature articles and civic presentations.
He has been teaching photo workshops at Great Smoky Mountains Institute at Tremont since 1992. More than 7,000 of Bill's photos have been published. His work has appeared in Audubon Calendars, BBC Wildlife, Defenders of Wildlife, numerous Great Smoky Mountains Association publications, National Geographic books, Nature Conservancy, National Wildlife, and many others.
His three front covers in a row was a first in Field & Stream's more than 100-year history. Bill authored a coffee-table book titled Great Smoky Mountains Wildlife Portfolio and co-authored Great Smoky Mountains Wonder & Light and Ultimate Guide to Digital Nature Photography. His most recent book, Cades Cove - Window to a Secret World is in its fourth printing.
He just released his book about the Florida Everglades which you will hear more about in the interview. When asked what he would most like to achieve through his photography, Bill replies,
"I hope my images will promote a better understanding and appreciation for wildlife, the natural world, and most of all, our Creator."
And finally, Bill says he would be amiss if he failed to mention how truly blessed he is to have such a wonderful and supportive wife—Klari. Her patience and understanding always endures. He is forever grateful.
Experience more at BillLea.
Bill's interview is scheduled for release HERE July 2014!
Interview with Bill Lea
I first visited Alaska several years ago. It was September, and of the 16 days I spent here, I saw only two days without rain. I moved to Alaska permanently the next year. That classifies me as either crazy or entranced by this amazing land. I think it may be equal parts of both.
Alaska is a never ending, always changing, ever evolving canvas. It is a canvas that I simply can not take my eyes off of. I started strictly as a landscape photographer. But in Alaska, I couldn’t help but broaden my focus into the varied wildlife of this great land.
2014 will be the 10th year that I have photographed strictly within Alaska. I’ve been on the wrong side of several bull moose charges, gotten horrid-smelling salt water sprayed on my camera gear by a humpback whale that came in for a ‘closer look’, and I’ve knelt within 18 inches of an 800 pound brown bear on the Katmai Coast.
I’ve photographed the aurora borealis in temperatures that dove below -50, stood atop incredible mountains and looked at the next with lust, dangled in the claustrophobic spaces of glacial crevasses, and crossed bone-numbingly cold streams in deep rocky gorges. Throughout my travels, I’ve witnessed grander scenes than even a grand dreamer could dream. This timeless land continues to shape me. The creative spirit continues to guide me, fleeting moments of harmony continue to inspire me. Personal vision continues to drive me, and because of this, I strive to discover the lesser known and untold majesties that Alaska keeps secret from those glancing with only a cursory look.
I photograph to experience that primal connection with a place. Only in these places of wild beauty is my soul stirred most. The goal of my photography is to educate and compel. It is my hope that my photographs will move you, and create a lasting memory of one of our planet’s truly wild places, known as Alaska.
In 2013, David Ryan Taylor’s panoramic images won four Silver Awards at the Epson International Pano Awards.
Byron Jorjorian
I have been a professional nature photographer for over 30 years and have loved every minute of it! People keep asking me where my favorite place to shoot is. I tell them honestly my favorite place to shoot is wherever I am. I also continually try to explore and discover new ways of capturing images. The images that I create grow from what I call "emotional discovery". This is the discovery of previously unseen patterns and arrangements of colors and shapes in nature that create a strong emotional state within us when they are revealed. Each image is made more unique by the integration of lighting conditions that come together at the moment of the photograph's conception. It is here in the space created by natural conditions and emotional discovery that my images take shape. My time spent in nature instills a great sense of child-like wonder, harmony and oneness in me, and through my photographs I hope to share that special feeling.
Experience more at ByronJorjorian.
Like fast-action drama in still life, the majestic beauty, boldness and depth of Clyde Butcher's photographs, which have earned him recognition as the foremost landscape photographic artist in America today, will make your heart beat faster.
Niki Vogel and Clyde married in 1963. He saw an Ansel Adams Photography exhibit at Yosemite National Park, and was so impressed by Adams' work that he began to photograph landscapes in black and white. Clyde left the architecture field in 1970 and began exhibiting his black and white photographs at art festivals.
In 1971 Clyde established his second business, Eye Encounter, Inc., and began selling his photographs as wall decor to department stores such as Montgomery-Wards, J.C. Penny's, and Sears. To enhance sales, he began to use color film, and also a 5"x7" view camera. In addition to photographing landscapes in California, he also began to take pictures in Oregon, Washington, Wyoming, Ohio, and Hawaii. Eye Encounter became a multi-million-dollar business, employing more than 200 workers. Due to the stress of the business Clyde sold it in 1977. To regroup he then built a sailboat and trailered it across the country to Florida.
In 1983 Clyde began photographing Florida beaches, still using color film. It wasn't until a visit to Tom Gaskin's Cypress Knee Museum in 1984, a roadside attraction in central Florida, that Clyde was introduced to a new side of Florida. He states, “After strolling on the boardwalk through a primeval cypress swamp, a whole new world was opened up for me". He then met Oscar Thompson, a Florida native, who introduced Clyde to the “interior" of the Big Cypress National Preserve and the Everglades by taking Clyde on his first walk in to the swamp. After his immersion in to the beauty he found so mysterious and primeval, Clyde was then inspired to take black and white photographs of the swamp.
In 1986, Clyde's 17 year-old son Ted was killed by a drunk driver. After which Clyde found solace in the wilderness of the Big Cypress National Preserve, where the mysterious, spiritual experience of being close to nature helped to restore his soul. Resolving to relinquish his ties to color photography, he destroyed his color work and vowed to use only black and white film. He purchased an 8"x10" view camera and enlarger.
Butcher has been honored by the state of Florida with the highest award that can be given to a private citizen: the Artist Hall of Fame Award. He was also privileged to receive the Lifetime Achievement Award from the North American Nature Photography Association and given the honor of being Humanitarian of the Year for 2005 from the International University. Additionally he received the 2011 Distinguished Artist Award from the Florida House in Washington, D.C. and the Sierra Club has given him the Ansel Adams Conservation Award, which is given to a photographer who shows excellence in photography and has contributed to the public awareness of the environment.
Experience more at ClydeButcher.com
Clyde's ALIVE interview has been released HERE!
Interview with Clyde
Steve Gettle
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Villa La Massa is a hopelessly romantic property, a sprawling country house in the Chianti hills. The resort spans 22 acres, full of cypress, lemon trees, multi-colored iris blooms and olive groves. Yes, they make their own olive oil, which you can enjoy at the restaurant, Il Verrocchio.
The same landscape architect who designed the gardens at Villa La Massa also oversaw the restoration of the Renaissance gardens at Villa Bardini, where you’ll find some of the best views of the city. Inside, there’s a museum honoring Italian fashion designer Roberto Capucci. We were lucky enough to enjoy champagne outside while watching the sunset before dining at La Leggenda dei Frati, a new Michelin-star recipient last year.
It’s just eight kilometers to the city, a 20-minute drive. But you don’t even need a car. A convenient hotel shuttle regularly brings guests to and from Florence’s historic center. Along with the obvious landmarks like the Ponte Vecchio, Uffizi Gallery, Duomo, Basilica di Santa Croce and Galleria dell’Accademia you should also visit Officina Farmaceutica di Santa Maria Novella. This 600-year old apothecary was the world’s first cosmetics company, founded by Dominican friars at a time when rosewater was thought to cure the plague. The original shop on Via della Scala is now both a museum and retail location for various perfumes, liqueurs, chocolates and skincare products.
Santa Maria Novella’s traditional Florentine skincare line is also used at Villa La Massa’s Arno Spa in facials and massages. Arno Spa is just the place to unwind after a long flight. The water in the pools and Roman and Turkish baths comes from a well on property. Afterwards, you can enjoy SMN’s rose liqueur at the hotel bar in a subtle pink twist on the Aperol Spritz.
This is a great location if you’re looking to explore the Chianti wine region. I recommend Ruffino’s Poggio Casciano estate, which is open to the public but by appointment only. Ruffino was the first Italian wine exported to the United States and won a gold medal in the 1893 Chicago World’s Columbian Exposition. At Poggio Casciano, you’ll get a private tour, history lesson and tasting.
Villa La Massa’s room rate includes a sumptuous breakfast buffet – scrambled eggs, cheese, charcuterie, fresh fruit, muesli, yogurt, pastries and sausage. Just what you need to line your stomach before drinking Sangiovese.
Opened: 1948, restored in 1998 and then became a member of Leading Hotels of the World in 2005.
Rooms: 37 rooms, mostly suites and junior suites, including a private villa with seven bedrooms.
Unique amenity: The hotel shuttle brings you right to the heart of Florence, running hourly throughout the day.
Vibe: Under the Tuscan Sun. Gorgeous views of the Arno River and chirping birds greet you each morning.
Design: Originally built in 1525 as summer residence of an aristocratic Florentine family. Renovations respect the original design of this 16th Century country home, including original architecture, thick tapestries and frescoes.
Fun Fact: David Bowie and Iman married here in 1992.
FlorenceItalyTuscany
The Point, Upper Saranac Lake, New York
Upcountry Maui’s Aloha Spirit
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Minerals & Crystals (1,840)
Polished Rocks & Crystals (788)
Crystal Skulls For Sale
We have a selection of beautiful, hand-carved crystal and stone skulls available made from a variety of materials including rose quartz, pyrite, blue apatite, fluorite and malachite. They make for eye catching display pieces. Read more...
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29 Items ($49 to $895)
12.3" Carved Grape Agate Cluster With Polished Skulls - Indonesia
7.3" Tall, Green Grape Agate Cluster with Carved Skull - Indonesia
5.9" Colorful, Banded (Rainbow) Fluorite Skull
5.8" Carved, Purple Fluorite Skull - China
5.7" Polished, Bright Blue Apatite Skull - Madagascar
5.4" Carved, Unakite Skull - South Africa
3.7" Carved, Purple & Green Fluorite Skull
4.7" Polished Red & Yellow Jasper Skull - Madagascar
4.8" Polished Rose Quartz Crystal Skull - Madagascar
6.8" Polished Agate Skull - Madagascar
3.1" Polished Pyrite Skull With Pyritohedral Crystals - Peru
4.1" Polished Brazilian Rose Quartz Crystal Skull
5.6" Polished Banded Agate Skull - Madagascar
5.6" Polished Labradorite Skull - Madagascar
3" Carved, Blue Calcite Skull - Argentina
4.5" Polished Colorful Jasper Skull - Madagascar
4.9" Polished Blue Agate Skull - Madagascar
Crystal Skulls: Fascinating Symbols of the Human Past
Crystals are among the most intriguing formations in nature. Crystals impart strength. They can be adapted to hold information. They are objects of beauty and tokens of human devotion. Some crystals, like the Koh-i-Noor, Hope, and Cullinan diamonds, hold huge commercial value. Some crystals, like the crystals in your saltshaker or the crystals in your electronics, are very affordable. Crystals play a role in almost every aspect of our daily lives.
Crystal skulls are a particularly intriguing application of human technology — well, most of us agree that the technology behind crystal skulls is human. The fascination we have with crystal skulls is not due to their being either rare or mysterious. They are neither. Crystal skulls are also produced in lapidary shops from Brazil to Madagascar to Germany as ornamental or decorative items. But there are a few crystal skulls that have energized intense interest in adventurers, archeologists, spiritualists, scientists, collectors, and people who appreciate good stories for over a century, as well as in people who see the symbolic power of the skull.
Where did the legends of the crystal skulls originate?
Crystal skulls are a tangible connection to the Mayas, Aztecs, Olmecs, and Zapotecs. These native American cultures in Mexico and Central America were fascinated with skulls. Their Christianized descendants today continue their celebration of skulls with the Day of the Dead. Every November 1, tens of millions of people in Mexico and Central go to cemeteries to offer flowers, fruit, and chocolate to their ancestors. Families hold picnics in cemeteries, and children are given little sugar skulls to eat. The modern descendants of ancient Mesoamerican people associate skulls with love, family, and shared memories.
The celebration of the Day of the Dead is a reminder that death is part of the cycle of life. Death is not to be feared. The skull is a reminder of the cycle of life that is beyond human comprehension. The skull is kind of souvenir of lives long ago.
In the late 1400s, the native ruler Netzahualcoyotl ordered his people to build a temple to the "Unknown, Unknowable Lord of Everywhere" in which no sacrifices of humans or animals were allowed. He dedicated the temple with a poem.
"Eventually jade will be shattered,
Eventually gold will be crushed,
Eventually quetzal plumes will be torn,
Lives not forever the human on this earth,
Only in our moment do we endure."
All that is left us is the skull.
Other cultures in the bridge between North and South America had a similar view of the symbolism of the skull. According to the Popol Vuh, a "book" of the Mayan people that was oral legend until the Spanish friar Francisco Ximénez translated the stories and wrote them down, the Mayans created a legend that a shaman had created and hidden 13 crystal skulls in 13 locations around the world to be rediscovered in a time of great need. These skulls were said to contain information about the origins of humankind, its purpose, and its destiny. When humans are ready for enlightenment, the skulls will be rediscovered and brought together to provide the knowledge to save our kind. But if these skulls ever existed, where did they go?
Fake skulls and found skulls
For dozens of popular writers in the nineteenth and twentieth centuries, the location of the crystal skulls was obvious: The Spanish colonial governors and later the presidents of Mexico had them. The California occultist Sibley Morrill, who was famous for books such as The Texas Cannibals or Why Father Serra Came to California and The Trouble with Shakespeare, repeated a rumor that Mexican president Porfirio Díaz kept a secret treasure trove including the crystal skulls.
Díaz served seven terms as Mexico's president. He was only removed from office by the Mexican Revolution in 1911. Surely the dictator's longevity in office, Morrill speculated, could only have been possible with supernatural help. Morrill spun a story in which Díaz was only removed from the office he held for 31 years when his enemies stole the skull and hid it again in British Honduras (now Belize). Nine years later the skull was discovered by British explorer Frederick Albert Mitchell-Hedges and his daughter Anna in 1924 — or so they claimed several decades later.
Interestingly, neither Mitchell-Hedges nor Anna seems ever to have made a public comment about their crystal skull until an identical skull was sold at an auction at Sotheby's in London in 1943. Mitchell-Hedges wrote to his brother that he had bought the skull for £400.
The "Collection" grows and grows and grows. You possibly saw in the papers that I acquired that amazing Crystal Skull that was formerly in the "Sydney Burney Collection." It is fashioned from a single block of transparent rock crystal, exactly life size; scientists put the date at pre-1800 B.C., and they estimate it took five generations passing from Father to son, to complete. It is anthropologically perfect in every detail, a superb piece of craftsmanship. There is only one other in the world known like it, which is in the British Museum and it is acknowledged to be not so fine as this.
Even more interestingly, the details about the crystal skull Mitchell-Hedges shared in his letter to his brother are identical to details about a crystal skull in The Crystal Skull, a popular adventure story written by Jack McLaren in 1936. This remarkable coincidence didn't keep Mitchell-Hedges from repeating them in his memoir Danger My Ally in 1954, although by that time Mitchell-Hedges was no longer saying he had discovered the crystal skull in British Honduras in the 1930s. So in 1959, we get another version of the story.
In this version of the provenance of the famous crystal skull, daughter Anna inherits it. In these renditions of the story, she was accompanying her father to the ruined Mayan city of Lubaantun in southern British Honduras. This trip took place in 1924, 1926, 1927, or maybe 1928. As Anna was being lowered into a cave by a rope, or as she was looking for a secret passage to a burial chamber, or just before the roof of a pyramid crashed down on her, it was Anna who found the crystal skull. In later versions of the story, Anna added that she had found the skull in the ruins of a vast, pyramidal underground city, reaching a height of 300 feet (about 100 meters) over an underground valley.
Anna's riveting tales came to the attention to Frederick Dockstader, then director of the Museum of the American Indian in New York City. In 1964, Dockstader and Anna Mitchell-Hedges, who was at this point claiming that her birth name was Anne Marie Le Guillon and she was Canadian despite being the daughter of Mitchell-Hughes who was British, started a years-long exchange of letters with the objective of selling the crystal skull for "not less than $50,000." Anna provided a document that claimed that the skull had special powers. It warded off the evil eye. It connected its possessor to the powers of Heaven. It defeats all powers of witchcraft and recruits the strength of angels.
Dockstader then set out to sell the skull. Anne or Anna's claims, however, were not enough to persuade a buyer to pay $50,000, so Dockstader made a succession of more and more unbelievable claims. The crystal skull contained a holographic record of time. The crystal skull healed incurable diseases, or made enemies fatally ill. The crystal skull was left to us by extraterrestrials.
By 1970, even Anna had had enough, and she demanded the return of the skull. Dockstader, however, had moved on to promote a book called Phrenology: the key to limitless understanding of character and personality as revealed by the configuration and regions of the head, written the British witch Sybil Leek. Dockstader had provided a photo of the crystal skull for the book cover.
Anna eventually recovered the skull, and kept possession of it until her death in 2007 at the age of 100. By that time the "father" Mitchell-Hedges had become the inspiration for the fictional character Indiana Jones.
The Mitchell-Hedges Skull of Doom next arrives at the Smithsonian Institution. A team of researchers led by anthropologist Jane Walsh subjected the skull to examination with a scanning electron microscope. This exam showed that the skull is the result of "modern, high-speed, diamond-coated, rotary, cutting and polishing tools of minute dimensions." It had not been made by ancient peoples 3,000 years earlier. It had been made in Germany or the UK less than 100 years earlier. But it had stimulated the imaginations of hundreds of millions of people and inspired five blockbuster films (Indiana Jones 5 coming out in 2021), as well as a television series.
Wikipedia - Crystal Skulls
The British Museum - Crystal Skulls
Archeology.org - Legend of the Crystal Skulls
So, are there any real, ancient crystal skulls?
No crystal skull has ever been found in a registered archeological dig. The National Geographic Society reports, however, there are about a dozen crystal skulls in private collections around the world that do not seem to have been made with modern technology. Science has not disproved any of the legends of the crystal skulls.
Of course, neither has science proved that crystal skulls hold supernatural powers. The healings attributed to crystal skulls have not been medically documented. We don't really know that crystal skulls are some kind of vibrational computer that records the thoughts and life energies of people around them. We don't know where the "replay button" is on a crystal skull to see images of the entire history of our planet. We don't even completely understand the mythologies of the Aztec gods that were represented by the skulls, or what invoking their names was thought to bring into reality.
Perhaps crystal skulls have the power we give them. They are objects of art. They are tools of meditation. They are macabre reminders of our place in the cycle of life and death.
Buy crystal skulls as a token of the possibility of renewal. Beauty can be found in unexpected places. Crystal skulls remind us that beauty and renewal survive the grave.
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The Bee Gees Search for Life After Disco
08-07-2009 people magazine
By Cutler Durkee, Jonathan Cooper
Barry Gibb's wife, Linda, recalls clearly the last time she saw Barry's youngest brother, the singer Andy Gibb, in 1988. The only unusual thing about the encounter was that Andy had died a few weeks before. "I was sleeping alone and felt something very strange," says Linda, 39. "The light was on at the end of the bedroom, as one of the children had been in. It was about 4 A.M. I felt a kiss and a little bit of bristle on my face. I opened my eyes and looked up, and Andy was there. He was smiling."
Barry's brother and fellow Bee Gee Maurice Gibb has never seen Andy's ghost, although he claims to have heard it while standing near the backyard dock of his Miami home. "Andy always came by boat, he never used the front door," says Maurice. "He'd park and say, 'Hey, buddy!' He always used to say buddy, which I think he picked up from the Osmonds. I was having this barbecue with the family, and then we went inside. I heard, 'Hey, buddy!' as loud as anything. It was his voice. It had this slight nasalness to it."
Gibb brother Robin has never seen or heard from Andy, although Robin's wife, Dwina, 36, believes that the Prebendal, the couple's 13th-century house near Oxford, is haunted. While describing the Prebendal's highlights, she cheerfully mentions the specter of "John the gardener, who walks through the wall regularly."
Welcome to the unusual world of the Bee Gees, circa 1989. Twelve years ago, the brothers Gibb—lion-maned Barry, now 42, and fraternal twins Maurice and Robin, 39—were the hottest musical act on the planet. The Saturday Night Fever LP was on its way to selling 30 million copies worldwide, and the inimitable falsetto harmonies of "Stayin' Alive," "How Deep Is Your Love" and "Night Fever" were driving their fans and their critics into various sorts of frenzy.
Though spectacular, the reign of the Bee Gees proved brief. Their 1979 album, Spirits Having Flown, did well, but Sgt. Pepper's Lonely Hearts Club Band, a movie in which they starred with Peter Frampton, gobbled loudly at the box office that same year. Then complicated record company battles helped keep the Gibbs from releasing LPs for eight years. The break, they maintain, was a blessing in disguise. "They were the happiest years of our lives because we were raising our kids," says Barry. "We were writing and producing songs for other people, which didn't take up 100 percent of our time." The hiatus also allowed the brothers to pursue a variety of idiosyncratic interests—from UFOs to reincarnation to the life of Adolf Hitler—and come to grips with personal problems, including Maurice's troubles with alcohol.
Still, they have always longed for a musical comeback, which has so far escaped them—at least in America. A 1987 album, ESP, sold 3 million copies in Europe but flopped in the States. Now the brothers are at it again with another album, One, and, for the first time since 1979, a U.S. tour, which begins July 31 in Chicago and continues through early September. The Gibbs are a bit nervous about the road show because it will require them to confront, head-on, the white-suited, gold chain-wearing demon who has made their career a living hell for most of the last decade. We are speaking, of course, of the Ghost of Disco Past.
"We have taken a lot of flak over the years," says Barry. "We've spent too many years on the defensive, and now that we're on the attack, it feels a damn sight better. This band has been around for 30 years, so it's a little unfair to tag us with a disco label. Paul McCartney made disco records. Rod Stewart did. Even Ethel Merman, which shows you how outrageous the times were."
"We had never even heard the word disco when we wrote those songs," Robin says. "We were just flabbergasted when [Saturday Night Fever] went through the roof." Agrees Maurice: "Disco was a rude word. I hated it! I loathed it with a passion! But all of a sudden we were the hottest disco band around. The media made it an albatross for us."
As for crimes of fashion committed in the disco era, the Gibbs plead nolo contendere. "We wore white trousers because that was what everyone was wearing," says Maurice, citing exhibits in his own defense. "I have pictures of Genesis wearing white bell-bottoms!" He cringes when confronted with evidence of another sartorial infraction—gold medallions set in a field of chest hair. "They used to bang on my chest, and I hated that," he says. "I only wore one onstage once!"
It's easy to sympathize with the Bee Gees' predicament. As Barry says, "It's very confusing. If everybody said no, I would understand and maybe go off and buy a farm and raise pigs. On the other side, I hear people say, 'Your music is the most beautiful I ever heard.' " That sort of thing is music to a Bee Gee's ear. "The three of us have one ideal," says Maurice. "It is just to be approved of."
Sadly, the same desire for approval may have played a role in their brother's death. "I feel that he really didn't want to make another album," says Robin of Andy, whose solo 1977 LP, Flowing Rivers, made him an instant teen idol. "He didn't want to be successful in the music business. What he really wanted was to join the Navy and be a pilot. But he had this feeling that he had to prove himself to us, which was a mistake. If he had pursued another course, I genuinely feel that he would be alive today."
Instead, Andy died of a heart ailment at age 30 after years of abusing his body with cocaine and alcohol. He ignored his brothers' pleas to stop. Says Maurice: "I remember standing on the balcony of Andy's house in Malibu, saying, 'It's a nice house. That's a nice Porsche. Do you want to keep them? Because the way you're going, you won't. You've got to stop this crap.' And he felt maybe [I was] right." But Andy didn't act on that feeling. "We went back inside," says Maurice. "He left and came back and said, 'Mom, where are the tissues?' And I could see his nose running and I knew what he had been doing. I thought, 'Well, when he's ready.' You can only plant the seed. If it doesn't grow, there's nothing you can do about it."
Maurice knows about denial: it took a series of personal and professional crises to convince him to get treatment for alcoholism in 1980. At one point his wife, Yvonne, refused to board the Concorde with him because she was sure he would be thrown off for being drunk and disorderly. He was. Another time, when a worker was rebuilding a bathroom at the Bee Gees' Miami studio, 16 empty liquor bottles fell through the weakened ceiling onto his head. "My brothers could never understand how, when I was in the studio, I would have only two beers and get sloshed as a newt," says Maurice. "I had backup everywhere—in the glove box, under the seat, wherever." Until he admitted his problem to himself, says Maurice, who also had an eight-month flirtation with cocaine in the late '70s, there was nothing anyone could do. "I just said, 'Piss off. 1 can handle it.' I didn't give a damn what I did to other people, and Andy was the same way."
When Andy died, he says, "it was like someone kicking you in the stomach and you don't know how to breathe again." Adds Barry: "Andy's problem wasn't drugs or alcohol. It was the lack of things. He lacked confidence. He had forgotten how to grab life. That was the sad thing. He'd lost faith." Barry, clearly, has not. "Andy is out there, somewhere," he says. "When you lose someone close to you, your concept of death is changed. You can't believe it is just dust."
That sort of belief comes easily to Barry, who, like his brothers, is fascinated by the supernatural. "I read a lot of life-after-death books, a lot of metaphysical books," he says. "I am a UFO-logist, and I love ghosts and the idea of fear." He has tried to regress to past lives through hypnotherapy—with mixed results. "I am not convinced I was ever hypnotized," he says. "I came out with stuff like I was in a Victorian street. I died at sea when I was an emigrant to America as a teenager in my other life, but we didn't go back any further. If I ever really lived another life, I must have been a good person, as so many wonderful things have happened to me in this life."
Chief among them are Linda, his wife of 19 years, and their sons, Stephen, 15, Ashley, 11, Travis, 8, and Michael, 4. "I can't imagine what it is like to be a successful pop star without a family to support you," says Barry, who often brings them all with him on tour. "I don't feel sorry for George Michael, but I wouldn't want to be him. No thanks."
Each of the brothers has a home in Miami and a home in England, where they generally spend the summer months. Though landlocked, the British residences cover the waterfront. Barry and Linda's place, a 19th-century mock-Tudor on 87.5 acres west of London, offers their kids plenty of room to maneuver on their Honda ATVs. Maurice, Yvonne, 38, and their two Gibb-lets, Adam, 13, and Samantha, 9, live in a large, ultramodern four-bedroom abode. Amenities include a tennis court, an indoor swimming pool and an air-conditioned garage, the better to preserve the leather-and-wood interiors of Maurice's Aston-Martin and his Rolls-Royce convertible.
Robin and Dwina's home, by contrast, hasn't been ultramodern since shortly after King John signed the Magna Charta. The Prebendal was originally built as a monastery in 1241; the property also includes a chapel begun in 1138 and a 14th-century refectory. On one wall hangs a portrait of Anne Boleyn, who once visited the house with her husband, Henry VIII, prior to their marital difficulties.
The Bee Gees would probably just as soon forget Boleyn as they begin their American tour; she is, after all, a sobering example of what can happen when you stick your neck out. But come what may, the brothers say they will never back down. "I want to see the Bee Gees where they are not made fun of," says Barry. "That's my cause. And I'll go on until that happens. It may never happen, but I don't care. I'm prepared for the fight."
Barry Gibb: Let It Rain Gala
Being banned from my children drove me to the brin...
ROCKWIRED INTERVIEWS SAMANTHA GIBB
BARRY GIBB MYTHOLOGY CONCORD, CA full concert!!!
Ossie Byrne and The Bee Gees
Andy Gibb and 'the Pirates of Penzance'
Andy Gibb Remembered As Caring Man
elliot Davis interview with Barry Gibb and others
interview BeeGees
interview Maurice gibb
Cnn interview Larry King part 1
The Gibbs Will Be Singin' Live On A&e's `Request'
transcript about the Clive anderson interview
1969: Lulu ties knot with Bee Gee
Bee Gees And Robert Stigwood interview and music
Bee Gees interview Genetic Sound
It's Singles Time for Bee Gee Baby Andy Gibb: He's...
Stayin' Afloat
Death of Golden Child
Message from Stephen...
Catching Up With Barry Gibb
Robin Gibb in Auckland
Does anyone wear his legend status as lightly as B...
Barry Gibb Admits The Bee Gees ‘Argued All The Tim...
About the album Guilty Pleasures
Sweet embrace by the Tree Gees
Review: Barry Gibb Mythology show filled with emot...
Bee Gee's secret history Robin Gibb.
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Final Fantasy I & II: Dawn of Souls - Reader Retroview
The Dawn of a Series
by Jeremy Michael Gallen
25-40+ Hours
Click here for scoring definitions
Several years ago, Square, for some reason, decided to remake the first two installments of their Final Fantasy franchise on Bandai's ill-fated Japan-only handheld system, the Wonderswan Color, and thus, neither would see foreign release. However, Square eventually decided to port the remakes to the Playstation in the collection Final Fantasy Origins in 2003. The next year, surprisingly, Square Enix decided to port the games yet again, this time as the collection Final Fantasy I & II: Dawn of Souls. While both games aren't perfect, they do bear some minor improvements over the Playstation versions, making the collection worth at least a look from those interested in the Final Fantasy franchise's origins.
In the original Final Fantasy, the player chooses a party of four characters of various classes that participate in traditional turn-based combat, with the typical flaws of variable character and enemy turn order and maybe a slightly-high encounter rate, although battles typically don't take a long time. A traditional pooled MP system replaces the MP-level system from previous incarnations, with MP-recovering ethers being available for purchase for long dungeon treks, if any. Final Fantasy II's battle system, however, largely remains the same as in previous incarnations, with a system where actions, damage, and so forth taken during battle affect stat gains after battle, replacing the experience system from the original installment. The battle system from the second installment doesn't work as well as that from the first game, although neither combat engine is a detriment from either game.
Talking fountain
The interfaces in both games are largely efficient, with easy menus, shopping, controls, and so forth. The first installment, moreover, has several extra dungeons accessed sporadically throughout the game, and the second has an extra mode accessed upon beating the game, with both installments also having handy save-anywhere features, and the second also dumping the limit on inventory space from its previous incarnations. Both games, however, somewhat suffer from a general lack of direction on how to advance at times, with the second game, specifically, having a few annoying points of no return, and maybe a few instances where advancing the game can be nearly impossible without a guide. Still, interaction is more than adequate in both games.
Both games were fairly inventive for their time, with the original Final Fantasy, of course, being the one to start the whole franchise, and the second game having its unique system of character development that would somewhat influence the SaGa series. Granted, both games are largely based on their Origins counterparts, and the story of the second game is fairly derivative, but both installments are still original.
The first and second Final Fantasies, however, are fairly light on story, with the first having its simplistic "four light warriors will come to save the day" story, and the second having its better, though still derivative and scant on character development, plot of rebels battling an evil empire. Of course, RPGs typically weren't heavy on story in the time of the original versions of both games, but Square Enix could've certainly added more to the ports of these games.
The music of both games is one of their high points, with the typically-mediocre sound quality of the Gameboy Advance, luckily, actually doing most tracks justice, although there are certainly a few weak tracks, such as the Mt. Gulg theme in the first Final Fantasy and the normal boss battle theme in the second game. Sound doesn't leave a whole lot to desire, either, and overall, both games are fairly easy on the ears.
The visuals of both games largely mimic those of the Origins ports, with decent colors and environments, though the character sprite art is somewhat variable, being alright in battle but somewhat miniature elsewhere, with inanimate monsters in combat, as well. Ultimately, the visuals of both games don't push the system to its limits, although they're far from ugly.
Finally, the whole collection takes somewhere from twenty-five to forty hours to complete, with the first game's replay mode and the second installment's extra mode adding to playing time. Overall, Dawn of Souls is a strong collection, with decent gameplay and presentation, although their stories leave a little to desire. Nonetheless, the collection provides a nice look at the first two Final Fantasies, even if both games, chiefly the second, aren't perfect.
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New Survey Shows AMS Members’ Positions on Climate Change
March 24, 2016 · 0 comments
The vast majority of members of the American Meteorological Society agree that recent climate change stems at least in part from human causes, and the agreement has been growing significantly in the last five years.
According to a new survey of AMS members, 67% say climate change over the last 50 years is mostly to entirely caused by human activity, and more than 4 in 5 respondents attributed at least some of the climate change to human activity.
Only 5% said that climate change was “largely or entirely” due to natural events (while 6% said they “didn’t know.”)
The findings are from the initial results of a 2016 national survey of more than 4,000 AMS members just released today by George Mason University. The joint GMU/AMS study was conducted in January with support from the National Science Foundation.
Four in five respondents say their opinion on the issue has not changed over the last five years, but of the 17% who did shift, 87% said they feel “more convinced” now that human-caused climate change is happening. Two-thirds of them based this change on new scientific information in the peer-reviewed scientific literature, although in general respondents report basing these changes on multiple sources of information, such as peers and personal observation. Indeed, 74% think that their local climate has changed in the past 50 years.
AMS membership is largely constituted of professionals in the weather, water, and climate fields. One-third of the respondents hold a Ph.D. in meteorology or the atmospheric sciences, and overall just more than half have doctorates in some field.
Yet, while highly educated, the AMS membership represents a different selection of the profession than the climate-expert community commonly cited in statistics about the scientific consensus on climate change. Only 37% of AMS respondents self-identified themselves as climate change experts.
As a result, despite the growing agreement among the membership, there are differences in the results of the new survey compared to the position of climate scientists reflected in the reports of the IPCC.
On one key basic point the difference between the climate expert community and the AMS community as a whole is nearly negligible: AMS members are nearly unanimous (96%) in thinking that climate change is occurring and almost 9 in 10 of them are either “extremely” or “very” sure of this change. Only 1% say climate change is not happening.
However, the AMS Statement on Climate Change, which basically reflects the IPCC findings, not only says “warming of the climate system now is unequivocal” but also says, “It is clear from extensive scientific evidence that the dominant cause of the rapid change in climate of the past half century is human-induced increases in the amount of atmospheric greenhouse gases.” The new survey shows the AMS community as a whole is still moving toward this state of the science position. Furthermore, the new GMU/AMS survey does not probe members’ views on specific mechanisms of human-caused climate change.
Full results of the survey, including what members think of the future prospects for climate change, are posted here.
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The Digital as Anti-Archive: A Book History-ish Response
[Cross-posted at HASTAC.]
Diana Taylor gave a very interesting talk at Duke this evening, part of the 2009 Provost's Lecture Series, "The Future of the Past, the Future of the Present: The Historical Record in the Digital Age." It was provocatively titled "The Digital as Anti-Archive?"
Gerry has already helpfully liveblogged the talk, so I won't rehash Taylor's finer points. Her main questions boiled down to: Why has the archive become a site of contestation in the digital age? (Why, in other words, are so many people suddenly working on "archives," broadly construed and defined in wildly different ways?) And what is gained or lost by using the word "archive" to describe the collecting practices of various cybercultures?
If we see the archive as a convergence of space, place and practice, Taylor begins, it becomes clear how the web problematizes the notion of an archive. The "here" of the web is "immediate and unlocatable," enacting an "invisible politics of place"; the "thing" of the web remains ephermal and dislocatable; while practices are multiple, diverse, and deeply intertwined with the perceived "thingness" and location of the digital object. Thus whereas the archive of yesteryear was a physical, authorized place with a known (or at least knowable) set of institutional practices (i.e., "we will deposit this cultural object because it has some historical value"), the digital archive explodes its content across various platforms, placing it in variable contexts that subvert the known "thingness" of, for instance, the book deposited in a university library. In short, the logics of the archive have and are changing, to the point that Taylor wants to claim "most online archives are not really archives at all."
She exemplies this through a close reading of the Time Magazine cover from 2006, the one which declared "You" Person of the Year. The printed magazine had a shiny bit of foil in the center, so that the reader holding the magazine, the embodied "You," could see herself reflected in it. However, the version archived online by Time presents instead a series of photos (supposed to be submitted by users, but clearly staged), which show various "You"s, digitally empowered. As Taylor points out, these depict "You as a product, not a producer, for consumption in the information age." The embodied subject has become the perceived object. What kind of "archive" erases and radically reconstitutes, rather than retains, its former incarnations?
I appreciate Taylor's intervention. The word archive is so tricky, so sticky, I always pause a bit before using it. I wonder, though, if she isn't overestimating the stability of the non-electronic archive. For instance, in Taylor's talk, the physical Time Magazine represented an infinitely reproducible "original" (she used this word several times during the discussion) that can be deposited in a library, to be studied by historians three hundred years from now. This is at the root of its difference from the digital anti-archive -- it is a stable bit of cultural production. What if we turn the equation around, though? What if instead of using the digital anti-archive as a means of division, of delimiting it from the non-digital, we use it as a mechanism for prying open the assumptions of the physical archive?
For most of history, "the Book" has not been as infinitely reproducible and homogenous as we perceive our Time magazine to be; in fact, anyone who has spent even a small amount of time in rare book rooms has no doubt come across many, many examples of printer's errors, pages out of order, upside-down illustrations and misplaced text, not to mention marginalia, owner's signatures, underlining, dirty thumbmarks -- all deposits that make any individual book a unique (not homogenous, not infinitely reproducible) bit of cultural production, situated historically. Bindings alone, done book-by-book for a large chunk of the history of print, can tell much about a text and its owner(s).
Perhaps instead of homogenizing the past in service of better understanding the present, we should use the logics of the present to help us step outside the frameworks we've used to enclose the past. Which is simply to say: perhaps all archives are anti-archives, upon closer inspection.
file under: archives, book history, diana taylor, digital humanities, duke
The kind of wariness you feel about the word "archive," I tend to feel about the word "digital." Maybe it's because in working on automatic musical instruments I come across varieties of "digital" that seem to be excluded from common usage. (To the point where intelligent scholars can have confusion about whether the on/off holes in a piano roll are "really" digital. What?)
I've been casually using "macro-digital" and "micro-digital" to distinguish between these two (without making some distinction that would imply that the modern digital is non-physical). I haven't really looked around to see who, if anyone, has dealt with this question of scale, but it seems like we are more willing to attribute special properties to phenomena that happen at an invisible size. I figure you may have encountered more extended treatments of this kind of idea?
Yes, "digital" is troubling, in part because it so often (and most certainly in Taylor's talk) was used to stand in for "THE WEB." (How did the web get synonymous with digital, anyway?! And conflated with the internet?)
What do you gain by distinguishing scale?
Definitely check out Mechanisms, by Matthew Kirschenbaum -- he does a "grammatology of the hard drive," points out some of the problems of the invisibility of digital inscription (to human eyes -- MFM imaging can "bring out" your hard drive's "inscriptions"), and brings up the oft-forgotten point that most computer systems operate by constantly translating between analog and digital signals.
Also, I've been reading a lot of later Wittgenstein (post on that forthcoming) and am, as a result, worrying less about words like "digital." We get what it means when it's used in the contexts we see it, more or less. It could, like most media terms, use some problematizing (as Kirschenbaum, yourself and others are doing) -- but that doesn't mean it's incomprehensible to us in every circumstance. Same goes for "archive."
re: distinguishing based on scale, I'm not sure what you get. It just seems to me that when the digital is so small (or electric, I guess) as to be invisible, it is difficult to distinguish from the analog. Take as an example CDs vs magnetic tapes. When the distinction between digital and analog is not readily perceptible, people tend to move towards ontologizing explanations—"CDs and tape may both produce sound, but fundamentally they are actually different."
These explanations seem lacking to me because they treat the digital/analog distinction as the most fundamental level of analysis. Like Kirschenbaum is pointing out, "digital" is not the most basic distinction to be made, and it is certainly not a pure distinction in any case.
With macro-digital things like piano rolls, it is easier to see all the analog interventions; with CDs or THE WEB, people seem more inclined to imagine some kind of pure digital fantasy, and I think that might be a result of the interventions happening in invisible or invisibly small ways.
oh lol i love emo backgrounds ^_^
(also, finally got Mechanisms and it is really wonderful so far)
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Somerset Patriots Pulse
Your place for in-depth coverage of the Somerset Patriots and the minor-league baseball world
High Point Rockers Name Jamie Keefe Manager, Frank Viola Pitching Coach
Mike Ashmore • November 29, 2018
(PR) (Photo courtesy: Rockers) High Point, N.C. – The High Point Rockers announced the signing of their first ever Field Manager and Pitching Coach at a press conference in downtown High Point on Wednesday afternoon. Jamie Keefe, a sixteen-year veteran of Independent Professional Baseball, was named the team’s first manager, while Frank Viola, the 1987 World Series Most Valuable Player and 1988 Cy Young winner, was signed as the Rockers first pitching coach.
“Success breeds success,” said Ken Lehner, Rockers Team President. “Jamie Keefe and Frank Viola have done nothing but win games and develop players over the years. The Rockers are both fortunate and proud to have them at the helm of our baseball operations efforts.”
Keefe has spent over 25 years in professional baseball both as a player and manager. A former third round pick out of high school by the Pittsburgh Pirates in 1992, he spent nine years as a player, reaching Triple A with the San Diego Padres in 1997. His resume as a manager includes 790 total wins, two regular-season championships, and one league title. All 16 years he has spent managing have been in independent baseball, beginning in the Frontier League in 2001 with the Chillicothe Paints, and spending the last six seasons with the Rockland Boulders of the Can-Am League.
“I have had the pleasure of working hand in hand with Jamie Keefe for five seasons in similar roles to the ones we occupy in High Point,” Lehner noted. “During that time, we averaged over 60 wins per season, leading to four playoff appearances, two division titles, and one league championship. We believe we can create sustained success here as well.”
During his managerial career, Keefe has had more than 20 players signed by Major League Baseball affiliates. In 2016, his first former player, Stephen Cardullo, was called up to the Majors after playing under Keefe for three seasons. His resume also includes three Can-Am League Manager of the Year awards, winning it once with the Pittsfield Colonials in 2011 and twice with Rockland (2015 & 2016). Keefe also set franchise records with the Boulders, winning 64 games in 2017, while advancing to the playoffs in five straight years and winning the league championship in 2014.
“I’m very thankful to Ken Lehner, Coy Williard, and the entire High Point Baseball organization for this opportunity,” Keefe said. “Working with Ken before, I know the type of success he expects and the kind of organization he wants to run. I’m confident that Frank and I will be able to create that type of atmosphere here in High Point and look forward to competing in the premier independent league in the country.”
After spending the last eight seasons working in the New York Mets organization, former Major Leaguer Frank Viola joins the Rockers with a wealth of knowledge and experience. During his tenure, Viola oversaw the development of a number of prospects, more than 40 of which reached “the Bigs” after working with him. Pitchers like Noah Syndergaard, Steven Matz, Seth Lugo, and 2018 National League Cy Young winner, Jacob DeGrom, have all been under Viola’s tutelage during their careers. His staffs also ranked top-three in their respective leagues in a bevy of categories, earning multiple awards. In 2013, Viola was named South Atlantic League (Single A) Coach of the Year as the Savannah Sand Gnats won their championship and saw Gabriel Ynoa earn Pitcher of the Year honors.
“It is funny how things happen in life as, truthfully, Frank Viola was not on our radar,” Lehner mentioned. “However, one phone call changed all that and we immediately went to work to add Frank to Jamie’s staff. His performance, both on the field as a Major League Baseball player and as a Minor League Baseball coach, is the perfect fit for the winning culture we are striving to attain for the High Point Rockers.”
A talented pitcher in his own right, Viola spent 15 seasons in MLB, being drafted in the second round by the Minnesota Twins in 1981. He was a three-time All-Star (1988, 1990, 1991) and helped guide the Twins to the 1987 World Series, going 2-1 in the Fall Classic en route to being named Series MVP. The following year, Viola’s 24-7 record, along with a 2.64 earned run average, earned him Cy Young honors, one of only three Twins ever to win the award. Viola was inducted in to the Twins Hall of Fame in 2005 and then inducted in to the College Baseball Hall of Fame in 2015 for his stellar 26-2 career record at St. John’s University, including a trip to the College World Series in 1980.
“I am excited to become a part of the High Point Rockers team,” commented Viola. “Once I saw the stadium, met those involved, and saw the enthusiasm of the community, it became an easy choice. This opportunity gives me a chance to not only coach, but also learn the many other facets involved in building a winning team. I look forward to this next chapter in my coaching career!”
Both Keefe and Frank were signed to two-year deals, ensuring a strong foundation for the team that will take the field at BB&T Point next spring. Each will help in the construction of a roster that will compete in the Atlantic League of Professional Baseball beginning on April 26, 2019 when they visit the Lancaster Barnstormers for the first game in franchise history. The High Point Rockers will play their first home game on Thursday, May 2, 2019 against the defending league champion, Sugar Land Skeeters.
Fans can guarantee their seats for the historic Opening Night by placing a deposit on season tickets, which can be done by calling (336) 888-1000 visiting the team offices at 214 Lindsay Street in downtown High Point or by sliding to HighPointRockers.com. Additional information about player signings, the mascot, promotions, and single-game tickets will be made available in the coming weeks
For ongoing updates and more information, slide to HighPointRockers.com or visit Facebook at @HighPointBaseball, Instagram at @HighPointRockers, and Twitter at @RockersBaseball.
Posted in Uncategorized on November 29, 2018 by Mike Ashmore.
Wally Backman Named Long Island Ducks Manager
(PR) (Central Islip, N.Y., Nov. 28, 2018) – The Long Island Ducks today announced Wally Backman has been named the sixth manager in team history. Backman replaces Kevin Baez, who signed with the Rockland Boulders of the Can-Am League earlier this week.
“Kevin Baez is the winningest manager in Ducks history and our organization respects him tremendously,” said Ducks President/GM Michael Pfaff. “Entering our 20th Anniversary Season, it is time for the Ducks to move in a new direction, and we are very excited about our future with Wally Backman.”
Backman is most well known in the New York Metropolitan area for a successful nine-year stint playing with the New York Mets, highlighted by winning the 1986 World Series. Following a 14-year MLB playing career, the former first round draft pick transitioned into coaching and now has 20 years of experience as a manager, winning six division championships and three league championships. He has compiled an overall managerial record of 1,127-1,077 (.511) and was named 2014 Pacific Coast League Manager of the Year for the Las Vegas 51’s, the Triple-A affiliate of the New York Mets.
“I’m excited to join the Ducks knowing the professionalism of the organization and how much they care about winning,” said Backman. “It’s an added bonus that this opportunity brings me back to New York and keeps me in the Atlantic League, where I have enjoyed managing.”
Backman spent the 2018 season managing the Ducks Liberty Division rival in the Atlantic League, the New Britain Bees, and saw five of his players signed by Major League organizations (four Triple-A, one Double-A assignment).
“We are delighted to bring Wally aboard,” said Ducks Founder and CEO Frank Boulton. “Our aim is to put the best possible product out on the field for fans as we enter our 20th season of play. We’re confident Wally will help us achieve all of our goals.”
The Long Island Ducks are members of the Atlantic League of Professional Baseball and play their home games at Bethpage Ballpark. For further information, call (631) 940-DUCK or visit www.liducks.com.
Baez Out As Ducks Manager; Long Island Set To Name New Skipper Wednesday Morning
(Rockland Boulders PR) (Rockland County, NY) – The Rockland Boulders have named Kevin Baez as the team’s new manager for the 2019 season. Baez brings a wealth of experience as both a manager and a player to Rockland along with many personal and professional ties to the New York metropolitan area.
Baez managed 1,087 games with the Long Island Ducks of the Atlantic League over the last eight seasons, posting a 571-516 record with two league titles (2012 and 2013) and six trips to the championship series, including each of the past the three seasons.
He attended nearby Dominican College and was a 7th round pick in 1988 draft by the New York Mets. He appeared in 63 games over the course of three Major League seasons for the Mets. He continued his playing career primarily at the AAA level over the next decade before joining Long Island in 2002 where he helped the Ducks capture the Atlantic League Championship in 2004.
The Boulders new manager resides on Long Island with his wife, Marianne, and children, Kevin and Vincent. He was born and raised in Brooklyn and made his Major League debut for the Mets at Shea Stadium on September 3, 1990.
Baez, 51, becomes the third manager in the Boulders history, following Dave LaPoint (2011-12) and Jamie Keefe (2013-18). Keefe spent six seasons at the helm in Rockland with a 344-260 record in Rockland, highlighted by the team’s lone Can-Am League Championship in 2014.
“Managers with the pedigree and success of Kevin Baez do not become available very often,” noted Team President Shawn Reilly. “We’re very fortunate to have the opportunity to being him to Rockland. From our very first day, the Boulders have been not only committed to winning, but the expectation is also to compete annually for the championship. And an organization we are always striving to reach the next level of success and I am confident that Kevin is the person who will take us there. Our time with Jamie has been wonderful with many great memories for our fans. I know he has great opportunities ahead of him and we wish him and his family the best.”
“From everything I’ve heard over the years, this is a great organization to be a part of,” stated Baez, “but seeing how beautiful (Palisades Credit Union Park) is and meeting the staff, it just seems like a perfect fit. Management wants a franchise that sets the standard for independent pro baseball and I’m excited to be a part of that.”
Several familiar faces on the Boulders staff will help ease Baez’s transition as the team has announced the return of Director of Player Development Kevin Tuve, Bench Coach Andrew Romanella, and Trainer Lori Rahaim, though the organization is currently in search of a pitching coach for the upcoming season.
Fans are invited to a Meet the Manager Reception next Thursday, December 6, at 6:30 pm at Palisades Credit Union Park. The event is open to the public and admission is free.
The Boulders open their new era against the defending Can-Am champ Sussex County Miners on Thursday, May 16, 2019. The promotions schedule and other exciting announcements will follow in the coming weeks. For tickets and more information, please visit our box office, call 845-364-0009 or slide to rocklandboulders.com.
Ducks’ Valdespin Wins Baseball America “Independent Leagues Player of the Year”
(PR — Photo: LIDucks.com) (Central Islip, N.Y., Nov. 23, 2018) – Baseball America, known industry-wide as “The Bible of Baseball”, has selected Ducks infielder Jordany Valdespin as the 2018 “Independent Leagues Player of the Year” in its annual end-of-season awards edition, on newsstands December 7. Valdespin becomes the first Duck and fifth Atlantic League player honored with the award in its 23-year history.
“Jordany’s outstanding season being recognized this way is a fitting tribute to his hard work and dedication,” said Ducks President/GM Michael Pfaff. “To be selected as the top player across multiple leagues featuring hundreds of talented players is a fantastic honor. We look forward to seeing Jordany continue to accomplish great things in the future.”
Valdespin, who was also named the Atlantic League’s Player of the Year, led the league with 154 hits, 94 runs scored and seven doubles during the 2018 season while ranking second in batting average at .3377, just .0007 from the batting title. The four-year MLB veteran was also among the league’s Top 5 in several other categories, finishing second in on-base percentage (.399) and total bases (222), third in stolen base percentage (.857) and fifth in slugging percentage (.487). In 113 regular season games, he totaled 12 home runs, 55 RBIs, 18 doubles and 46 walks.
Additionally, the Dominican Republic native posted the longest on-base streak in the league this past season at 32 consecutive games from June 4th to July 14th. He was selected to play in the Atlantic League All-Star Game, held at Long Island’s Bethpage Ballpark on July 11th, and went 1-for-3 with a walk and a stolen base in the game. The 30-year-old was also named the league’s Co-Player of the Month for April/May after leading the league in hits (45), runs (29), total bases (73), extra-base hits (17), and at bats (131) in that span. He was voted by fans as the Delmonte-Smelson Team MVP in September and was chosen as the Atlantic League’s Post-Season All-Star second baseman in October.
Valdespin became the third player in franchise history to be named the Atlantic League’s Player of the Year. Lew Ford most recently claimed the award in 2014 after breaking the league record for hits in a single season with 189 while becoming the first player in league history to play in all 140 games during the regular season. Ray Navarrete was the first Duck to garner Player of the Year honors after he led the league in RBIs (96), hits (164), runs (106), extra-base hits (66) and doubles (39) during the 2009 season.
The following is a full list of Baseball America Independent League Player of the Year Award winners:
2018 – Jordany Valdespin, Long Island Ducks 2B
2017 – Alonzo Harris, York Revolution OF/2B
2016 – Art Charles, New Jersey Jackals 1B
2015 – Joe Maloney, Rockland Boulders IF/C
2014 – Balbino Fuenmayor, Les Capitales de Quebec IF
2013 – C.J. Ziegler, Wichita Wingnuts, 1B
2012 – Blake Gailen, Lancaster Barnstormers OF
2011 – Chris Colabello, Worcester Tornadoes 1B
2010 – Beau Torbert, Sioux Falls Pheasants OF
2009 – Greg Porter, Wichita Wingnuts OF
2008 – Patrick Breen, Orange County Flyers OF
2007 – Darryl Brinkley, Calgary Vipers OF
2006 – Ian Church, Kalamazoo Kings OF
2005 – Eddie Lantigua, Les Capitales de Québec 3B
2004 – Victor Rodriguez, Somerset Patriots SS
2003 – Jason Shelley, Rockford RiverHawks P
2002 – Bobby Madritsch, Winnipeg Goldeyes P
2001 – Mike Warner, Somerset Patriots OF
2000 – Anthony Lewis, Duluth-Superior Dukes 1B
1999 – Carmine Cappuccio, New Jersey Jackals OF
1998 – Morgan Burkhart, Richmond Roosters 1B
1997 – Mike Meggers, Winnipeg Goldeyes/Duluth-Superior Dukes OF
1996 – Darryl Motley, Fargo-Moorhead RedHawks OF
Former Patriots Pitcher Josh Miller Named To Astros Coaching Staff
Congratulations are in order for championship-winning former Patriots pitcher Josh Miller, who was named the Houston Astros bullpen coach on Wednesday afternoon.
Miller, 39, finished his professional career with Somerset in 2009 and 2010, posting a 22-14 record over 43 starts.
He’d previously been in the Astros organization for four seasons, topping out at Triple-A before joining the Patriots. 2019 will mark his 13th season with Houston; he’d previously also served as a scout, pitching coach and most recently minor league pitching coordinator.
Somerset Patriots To Host Annual Holiday Toy Drive On December 8th
(PR) Bridgewater, NJ- The Somerset Patriots and Manager Emeritus Sparky Lyle have announced that they will host their annual Holiday Toy Drive at TD Bank Ballpark on Saturday, December 8th from 10:00 am to 12:00 pm.
Fans will be able to bring new, unwrapped toys to the Somerset Patriots Team Store located at the ballpark throughout the day. The toys will be donated to Toys For Tots Central New Jersey.
Lyle will be at the event to meet fans, sign autographs, and take pictures from 10:00 am to 12:00 pm.
The Patriots will welcome Santa Claus, who will take pictures with children at the ballpark.
Fans will have the opportunity to take photos and get autographs from Sparkee and his pal Slider.
Patriots Trade For American Association Reliever Daniel Tillman
Mike Ashmore • November 3, 2018
A quick post-season skim of the various indy ball transactions pages shows that Somerset has acquired the rights to American Association RHP Daniel Tillman from the Wichita Wingnuts for “future considerations.”
Tillman, 29, is a reliever who was a second round draft pick of the Los Angeles Angels in 2010, but they let him go following an injury-riddled four seasons in their organization. He spent the next two years in the Dodgers farm system, and then went 3-0 with an 0.46 ERA and six saves in 14 appearances for the Milwaukee Brewers Double-A affiliate in 2016 before his year came to an end in June thanks to shoulder surgery that also shut him down for all of 2017.
He was the Wingnuts closer in 2018, going 1-4 with a 2.27 ERA and 27 saves in 40 appearances. He walked just 11 and struck out 54 in 39 2/3 innings pitched.
Tillman has not officially been signed to a contract, and you likely won’t start seeing player announcements until January or February.
Mike Ashmore, mashmore98 AT gmail.com
Posted in Uncategorized on November 3, 2018 by Mike Ashmore.
’17, ’18 Patriots Reliever Molleken Signs In Can-Am League
Dustin Molleken is headed home.
Well, sort of.
The former major-leaguer and Canadian-born righty has signed with the Quebec Capitales in the Can-Am League according to the league’s transactions page.
Molleken, 34, posted a 7-4 record and 3.76 ERA over a nice 69-game stint with the Somerset Patriots over the last two seasons. He also picked up four saves in occasional duties as the team’s closer.
The former Detroit Tigers pitcher also made three postseason appearances for Somerset; two scoreless outings in 2017, and allowed two runs in the sixth inning of Game 1 of the Atlantic League Liberty Division Championship Series this year.
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What is the Black Church’s Role in Advancing African American Wealth?
NAACP Set to Change Tax Status to Engage Politically
Bernie Sanders and Alexandria Ocasio-Cortez Are Pushing a Bold New Plan to Tackle Climate Change
Midwest / Illinois 7 months ago 146 Views
In a livestreamed town hall event, Sanders and Ocasio-Cortez laid out the best hope yet to stave off climate disaster and transform our economy: A Green New Deal. And now it’s gaining support in Congress.
For the first time in recent memory, there is a growing clarion call for a response that goes beyond the limits imposed by our economic system.
Last week, Donald Trump offered a perfect encapsulation of the political Twilight Zone that is his presidency when he dismissed his own administration’s dire report on climate change, claiming simply, “I don’t believe it.”
That report was perhaps the most alarming warning yet of the imminent havoc presented by our climate crisis, predicting stark falls in GDP and economic activity, massive species die offs, flooding, increases in extreme weather events, sea level rise that threatens the very existence of U.S. coastal cities and rising temperatures that could make Chicago’s climate rival that of Phoenix or Las Vegas.
But while President Trump glibly writes off the predictions of over 1,000 experts spanning 13 federal agencies, a newly ascendant progressive cohort in government is rallying support for a bold alternative: A Green New Deal.
That proposal, which calls for transitioning to 100 percent renewable energy through a colossal jobs creation program, has been championed by two of the most well-known insurgents in Congress, incoming Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Bernie Sanders (I-Vt.). The progressive stalwarts shared the stage together Monday night at a packed town hall event entitled “Solving Our Climate Crisis.”
The gathering follows previous national town hall events put on by Sanders’ camp in recent years which have focussed on Medicare for All, income inequality and foreign policy. These town halls have frequently drawn over a million viewers, rivaling—and sometimes eclipsing—the viewership of cable news stations.
But besides the topic area of discussion, early on Sanders made clear what made his event distinct from what would be seen on corporate media: “This event is not sponsored by Exxon Mobil, nor is it sponsored or paid for by the Koch brothers.”
This is no small thing. A report from watchdog group Public Citizen earlier this year shows that, on the whole, mainstream media outlets consistently avoid in-depth reporting on climate change. Many of these outlets also receive substantial financial support from fossil fuel companies, whether through corporate advertising, grants or other forms.
Over the course of the 2016 election, mainstream outlets, including ABC, NBC, CBS and Fox, significantly decreased any mention of the issue on their programs compared to previous years. And the 2018 midterms continued to see barely any serious discussion of climate change on cable news. When it is covered, pundits frequently mention climate change only as it relates to Trump’s shifting policies, without offering any type of thorough exploration of the issue and its consequences.
Sanders’ town hall, then, provided something rarely seen in U.S. media: experts and politicians talking in depth about the dangers and potential solutions to the climate crisis. And while the tenor was rightly sober, it did provide a rousing call to arms for those prepared to take on the existential climate emergency we are all facing.
Taking on the fossil fuel industry
The Trump administration’s climate assessment was not the only paper on climate change’s devastating effects to come out in recent months. In early October, the UN Intergovernmental Panel on Climate Change (IPCC) released a groundbreaking report that laid out, among other things, that world governments have just 12 years left to lower fossil fuel emissions by a staggering 45 percent to avoid a global temperature rise of 1.5 degrees Celsius and the resulting risks of devastating drought, extreme heat, floods and mass poverty.
Barring efforts of monumental proportion to slow climate change, the report’s authors predict that we are currently on track to see temperature rises of 3 degrees Celsius, which could spell untold horrors for humanity and all other species that occupy the only known life-supporting planet in the entire vast expanse of the universe.
One of that report’s authors, Dr. Brenda Ekwurzel, joined as the first guest on Sanders’ town hall meeting. Ekwurzel described the major finding of the IPCC report: “Climate change is not some problem in the distant future: It is here, it is now, and it is happening in every part of the country.”
She continued to describe some of the impact of the continuing crisis. “We may be unleashing a destabilization in the West Antarctic ice sheet which could cause massive sea level rise. Most people in the world live near the coasts around the world, which means many places would be inundated.” Sanders’ responded, “It means communities where millions of people live will be underwater. And in terms of national security issues, it means mass migrations of people.”
When it comes to the economic impact, Ekwurzel said, “We find that if carbon emissions continue unabated that the U.S. could endure annual costs of over $100 billion in some sectors.” She went on to explain that by reducing carbon emissions, we could lower that figure by half or even more, while also saving innumerable lives.
When asked how we can individually help tackle climate change, Ekwurzel began by advising to “start with your own life and what you can do,” but then quickly transitioned toward influencing those in power. “Absolutely ask your leaders ‘what are you doing to reduce emissions globally?’” she urged.
Sanders followed up with an even more direct appeal to target the principal perpetrators of climate collapse. “The time is late, and that means countries all over the world are going to have to stand up and take on the fossil fuel industry if we are going to leave our kids and our grandchildren a planet that is habitable. This is a crisis situation. It is unprecedented and we have to act in unprecedented ways.”
Capitalism can’t save us
Such an explanation underpins the argument for a Green New Deal—a wildly ambitious plan that would transform not just the energy sector in the United States, but also the functioning of the entire economy. The proposal would involve modernizing infrastructure, investing in renewables and overhauling food, water and energy systems while creating millions of high-quality jobs.
Based around the goal of achieving carbon neutrality, the plan involves the creation of a Select Committee in the House which would, according to a resolution drafted by Ocasio-Cortez, put together a “detailed national, industrial, economic mobilization plan” to achieve “economic and environmental justice and equality.”
While this may sound like just another functionary task, as Naomi Klein explains at The Intercept, the current plan calls for the committee’s recommendations to be released ahead of the 2020 elections, which could make it a test and rallying cry for all progressive candidates that cycle.
Not everyone is a fan of the plan, however. In the recent Wall Street Journal op-ed entitled “Stopping the Socialist Resurgence,” GOP strategist and former George W. Bush whisperer Karl Rove criticized Ocasio-Cortez’s rhetoric around the proposal as “sounding too much like a Maoist functionary.” Elsewhere in the piece, Rove raises the red flags of increasing support for Medicare for All, student debt relief and increased taxes on the rich, calling on his Republican brethren to prepare themselves to come out victors in the grand battle of ideas.
But while Rove is rightly scandalized by the rise in socialist ideas, he misses that the very policies he hopes to contest in the court of public opinion are already backed by most Americans. When it comes to Medicare for All, 70 percent are on board. Student debt relief is widely supported. Three-quarters of Americans are behind raising taxes on the wealthy. And when it comes to a Green New Deal, Data for Progress found that among eligible and enthusiastic voters, more than half “said they would be more likely to support a candidate running on a green job guarantee.”
Embracing these large-scale progressive attitudes and pursuing state intervention in the energy sector is widely believed to be the only way to stave off the worst effects of climate change while creating equity in our response to the crisis—and the Green New Deal offers a clear path forward.
Beyond centrist solutions
Both climate activists and researchers say we need to immediately wean ourselves off of fossil fuels and leave future resources in the ground. This approach, far more radical than anything seriously discussed in mainstream energy reporting, served as the basis for Ocasio-Cortez’s presentation at Monday’s town hall.
Ocasio-Cortez, an open democratic socialist, began by pushing back against the most frequent criticism of a Green New Deal program: its alleged negative effects on the economy. “It’s just plain wrong, the idea that we are somehow going to lose economic activity. It’s not just possible that we’ll create jobs and economic activity by transitioning to renewable energy,” she said. “It’s inevitable.”
“It’s inevitable that we can use the transition to 100 percent renewable energy as the vehicle to truly deliver and establish economic, social and racial justice in the United States of America. That is our proposal.”
She went on to compare the challenges presented by the current moment to those faced by past U.S. leaders who helped push through major accomplishments under daunting odds. “This is going to be the Great Society, the moon shot, the Civil Rights Movement of our generation,” she said.
Ocasio-Cortez, who last month participated in a protest outside House Minority leader Nancy Pelosi’s office demanding Democrats push for a Green New Deal, presented the case in clear moral terms. “We’ve amassed some of the largest amounts of wealth in American history, but we have never seen so many people struggling and living paycheck to paycheck in the way that we are today,” she explained.
“When we talk about transition, we talk about just transitions. Transitioning to renewable energy that provides justice to all people who are impacted. That includes fully funding the pensions these coal minors are due, of which they’re being stripped. For younger people, that means providing educational opportunities for them to transition to renewable energy jobs.”
She went on to lay out why the type of traditional centrist environmental policies of means testing and half-measures won’t cut it in rising to the demands of this moment. “When we try to solve this piecemeal, we’re not going to get it solved in time. That’s why we’re asking for this really ambitious, singular plan. And I believe that the progressive movement is the only movement with answers right now, that is drawing from the lessons of history.”
That ambitious plan—backed by groups such as the Sunrise Movement and 350.org—is beginning to look like less of a fringe idea and more like a policy moving into the mainstream of American politics. In addition to Ocasio-Cortez, 18 other House members now support the creation of a Select Committee for the Green New Deal. And Sanders is gaining support in his chamber as well: On Monday, Sen. Jeff Merkley (D-Or.) signed on board with the plan.
Of course, any policy along the lines of a Green New Deal will surely be bitterly opposed by the fossil fuel industry and the interests that it benefits. After all, the entire plan is premised on threatening that industry’s profits and its continued domination over the U.S. economy.
Xiuhtezcatl Martinez, an 18-year-old indigenous environmental activist, hip hop artist and youth director of the conservation group Earth Guardians, used his platform at the town hall to lay out why countering the coming attacks from oil and gas companies on bold climate action will require a change in both thinking and in political incentives.
“Historically it has been politically risky to stand up to the fossil fuel industry as politicians,” Martinez said. “I think our generation is very different. Yes, we are the future and have the most at stake, but we are also here now. That also gives us the perspective of pushing the agenda so that it’s politically risky to not stand up to the fossil fuel industry.”
It’s true that a battle between environmental activists and powerful fossil fuel interests has been waged for decades, and time after time, the fossil fuel industry has come out on top. As 350.org founder Bill McKibben explained during the town hall, “This has got to be the moment. In the end, what changes things is movements. We won this argument 25 years ago. But the fight so far we’ve lost, because fights are about power and money. And now we’ve got to bring power ourselves.”
The only option is to win
What makes this moment different is that, for the first time in recent memory, there is a growing clarion call for a response that goes beyond the limits imposed by our economic system.
Four years ago, Naomi Klein wrote in her book This Changes Everything: Capitalism vs. The Climate, “We are stuck because the actions that would have given us the best chance of averting climate catastrophe—and would benefit the vast majority—are extremely threatening to an elite minority that has a stranglehold over our economy, our political process, and most of our major media outlets…. Right now, the triumph of market logic, with its ethos of domination and fierce competition, is paralyzing almost all serious efforts to respond to climate change.”
She went on to pose the question of whether our society is up to the task of mitigating the climate crisis and building a sustainable future. “Is it possible? Absolutely. Is it possible without challenging the fundamental logic of deregulated capitalism? Not a chance.”
That confrontation with the forces of extractive capitalism has been made possible by a multifaceted movement of working-class, indigenous and intergenerational activists that, through dedicated organizing, has laid the groundwork for the Green New Deal. From the anti-pipeline protests at Standing Rock to the Sunrise Movement’s demonstration urging Pelosi to back bold climate action, years of creative activism has set the stage for this moment.
And the policy is making progress in the halls of Congress thanks to the leadership of politicians free of oil industry funding who are grounded in working-class, frontline communities—representatives like Ocasio-Cortez, Rashida Tlaib (D-Mich.) and Ayanna Pressley (D-Mass.).
This forward momentum is why, in her recent Intercept piece, Klein calls the Green New Deal proposal “game-changing” and says “I feel more optimistic about our collective chances of averting climate breakdown than I have in years.”
In 2014, the same year that Klein published This Changes Everything, the late science fiction writer Ursula K. Le Guin gave a speech at the National Book Awards where she famously said, “We live in capitalism. Its power seems inescapable—but then, so did the divine right of kings.”
The idea that within four years, grassroots energy and political support could begin coalescing behind a policy that challenges market fundamentalism head on could not have been predicted by either Klein or Le Guin. But such calls to rise to this challenge helped open the political space that has made the current moment possible.
There is still a climate denier in the White House whose Environmental Protection Agency is staffed with fossil fuel lobbyists while the Republican Party on the whole continues to reject science and ferociously fight any legislation that would help protect the climate.
Yet more and more Americans—and political leaders—are beginning to align with the perspective laid out by Sen. Sanders in his recent book Where We Go from Here—Two Years in the Resistance: “To sacrifice the future of the planet for the short-term profits of the fossil fuel industry is unspeakably selfish, outrageous and unforgivable.”
After hearing Ocasio-Cortez’s call for courage in the face of climate change’s existential threats, Van Jones remarked that he had tried to help usher in such a Green New Deal-style approach during his time in the Obama administration, before being derailed by the right-wing. But, he continued, “I think you’re gonna get it done.”
Ocasio-Cortez then turned to the crowd—which included activists from the Sunrise Movement and other climate justice groups—and corrected him: “We’re gonna get it done. We’re gonna get it done.”
Donations from readers like you make up a full third of our annual income—that's how critical our end-of-year fundraising drives are. If you want to continue to read independent, progressive journalism in 2019 and beyond, we hope you'll consider chipping in whatever you can today.
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Miles Kampf-Lassin
Miles Kampf-Lassin, a graduate of New York University's Gallatin School in Deliberative Democracy and Globalization, is a Web Editor at In These Times. He is a Chicago based writer. miles@inthesetimes.com @MilesKLassin
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Venezuela's debt hell...
While Hugo Chavez talks a beautiful left-wing game, his policies have pushed Venezuela into a massive and unnecessary debt crisis. The government's ongoing money problems make it impossible to fund the social agenda Chavez never shuts up about, and have triggered a socially disastrous spike in inflation. What's worse, the government was warned again and again that this would happen, but simply dismissed critics. Bushwhackers would do well to note the parallels here, in terms of deafness to criticism and fiscal recklessness.
At some point, you have to step back from the rhetoric and say, "ok, yes, but what's the government actually doing, in terms of policy, and what impact are those policies having on people?" Words are nice, but sometimes you have to look at the numbers.
It's little wonder revolutionaries seldom stop to do so: the answers are not kind to them.
Last October, Descifrado posted this fascinating, bone-chilling gloss on Central Bank economist Jose Guerra's projections for public finances in 2004.
Guerra says that if the government borrows as much money as it has said it wants to borrow from the internal (i.e. bolivar denominated) credit markets in 2004, its total domestic debt would rise to 36.1 trillion bolivars - a fifteen-fold increase on the Bs.2.3 trillion domestic debt Chavez inherited when he reached power.
Even in terms of dollars, the growth of the domestic debt is staggering: by the end of this year it could total $16.1 billion (figuring the bolivar at the officially projected Bs.1950:$.) That's four times as much as the $4 billion debt Chavez inherited in 1999. The domestic debt, if things continue to go this way, will be worth 20% of GDP: a fifth of the value of the economy, by the end of 2004.
But that's not the worst of it.
The worst of it is that most of this mountain of new debt has come in the form of short term treassury bills, at very high interest rates - often 25-30% a year. As Venezuelan banks became more and more exposed to the government, they became less and less willing to buy long term DPN bonds: they needed their money back in 3 or 6 months, not 3 or 4 years.
As anyone who's gone a bit overboard with credit cards knows, high-interest short-term borrowing quickly snowballs out of countrol. Compound interest is a merciless foe. And the very high interests the government has been paying for these short term loans have sent the domestic debt spiraling out of control.
Finance Ministry Website
The payment schedules that result when a debt is growing this fast are brutal.
The government's obvious response is devaluation. If you owe Bs.1,600, and the exchange rate is Bs.1,600 to the $, then you owe $1. But if you devalue the currency - if you let the exchange rate slide to, say, Bs.3,200 to the dollar - you find that under the new exchange rate those Bs.1,600 you owe are magically only worth 50 cents! Your bill has been cut in half! And since most of your income is in dollars (think oil), you have an obvious interest in "watering down" the domestic debt by letting the bolivar devalue more and more against the dollar.
An out of control domestic debt is an inducement to aggressive devaluation.
Problem is, each time the government devalues the currency even further, the result is more inflation. And inflation is devastating for people on low incomes.
The irony is that, when you look at it closely, the revolution's economic management turns out to be deeply regressive, even reactionary. Everyone is losing, yes, but proportionally, the poor lose more of their purchasing power than the rich do. The reason is simply that the rich have savings in dollars, so they can shield themselves from the ups and downs in the bolivar's value.
The poor don't have that privilege: they live day to day. When you're on a fixed income, living close to subsistance level, price rises of 25 or 30% or more each year mean hunger. In the barrios, inflation is not some distant macroeconomic aggregate, some abstraction. In the barrios, inflation means destitution. It means eating two meals a day, when you used to be able to afford three, or just one meal a day if you used to eat two. It means giving up breakfast.
These are the kinds of sacrifices that a broad swathe of the working class people who voted for Chavez have had to make. Chavez's strategy to borrow-and-spend his way to social justice has been a disaster for them.
Sadly, the government just doesn't have the money to take the sting off: it's all going to service the mushrooming domestic debt. Debt repayment now dwarfs the president's social agenda in the government's spending priorities. Guerra projects that domestic debt service payments alone could gobble up a shocking 94% of the government's huge oil revenues. That's nearly all the money from the country's fabled oil industry up in smoke, just like that, just to service the debt.
Populist "misions" make for nice headlines, but the cold hard figures tell a different story. Guerra forecasts the government will spend 57% more on servicing its domestic debt than it spends on all public investments put together - things like building new roads, schools, hospitals, and such. The domestic debt service will cost nearly as much as total state spending on education, health and social security all put together (87% as much.) In fact, debt service will cost 43% of all current government income.
Servicing the domestic debt has become so expensive that even if the government had a sensible and coherent plan to tackle poverty - which it emphatically doesn't - it wouldn't matter: there simply isn't enough money to pay for it. Nearly half of what the government takes in goes to service the debt; what's left is barely enough to pay the public sector wage bill.
Belatedly, the government has accepted the arithmetic impossibility of continuing along the current path: there just aren't enough bolivars in the banks to keep borrowing in Venezuelan currency. Instead, they've started to do what critics told them to do all along: borrow dollars and swap bolivar obligations for longer term dollar bonds.
It's too little, too late. The first of the swaps was for just $1 billion - to yield a frightening 10.25% (in $$$!) That leaves another $15 billion to go, and it's hard to imagine international markets making that kind of money available this year. The government's refusal to switch to dollar borrowing earlier has already cost this poor country billions of dollars - the damage is done.
To put it another way, the Chavez's government's pigheaded incompetence has saddled a whole new generation of Venezuelans with debt. The total debt burden (foreign and domestic) has jumped 45% in 5 years, in dollar terms, from $25 billion to $36.4 billion.
Central Bank of Venezuela Website
Jose Guerra estimates, cited in Descifrado
If the government's swap strategy works, you'd see the blue part of this chart swallow up much of the purple part as the government "swaps" domestic bonds for foreign ones. The total will not fall as a result, though the repayment schedule would be far less murderously onerous.
The worrying part is that the government will now be tempted to devalue the bolivar before swapping any more bonds. This would allow it to buy back more bolivar debt with fewer newly borrowed dollars. Again, that would just be a way of passing on the costs of the government's failed strategy to the population as a whole - via inflation.
It's just sad.
The net result of all this rather icy technocratic talk is real suffering in the barrios and towns of Venezuela. The government's money crunch means less money for all the things that could help people out of poverty: less for social programs, less for schools, less for hospitals. Meanwhile, people's needs only grow: more hunger, more unemployment, more destitution, more desperation.
And all for no good reason at all. All to make some ideological point about not needing the IMF, about being able to tough it out without international credit markets. As with any revolution, in chavismo ideological purity comes first; the needs of the people are an afterthought.
The thing that drives me and other government critics crazy is that WE TOLD THEM SO! I've been writing about this topic for five years now, only usually in the future tense, warning that the things that are happening would happen. Dozens of independent economists can say the same. We tried to explain to the government why this strategy would not work, we shouted ourselves hoarse trying to get them to understand that these policies would end up screwing the very people Chavez wanted to champion.
We wrote about it again and again, warning that the borrow-in-bolivars-only strategy was unsustainable, short-sided and stupid, explaining again and again that domestic credit markets were not deep enough to bankroll the government, drawing out the social implications of this course of action, appealing even to the government's sense of self-preservation by explaining to them that the strategy would cripple their ability to finance Chavez's social agenda.
The government interpreted our protests as the "squeals of pigs being taken to the slaughterhouse" - just the protestation of an old elite worried about losing its privileges. They took our criticisms as evidence of the revolutionary bona fides of their policies. We were variously dismissed, ignored, mocked, attacked, derided and generally disregarded as "savage neoliberals."
Now, billions of wasted dollars later, it's not the independent analysts who lost out. We're sure as hell not going to bed hungry. For the privileged, the crisis means being able to afford only one maid instead of two, or having to hang on to a 5 year old car for another couple of years before changing models. They're not the ones bearing the brunt. It's the millions of poor Venezuelans who believed Chavez when he promised them a better life who are bearing the brunt.
They're the ones who'll go to bed on an empty stomach tonight.
Late addition
In today's El Universal, Emeterio Gomez urges the opposition to do a bit of a mea culpa, before pilloring Chavez's economic management. From 1973 through 1998, he points out, the opposition did the exact same thing Chavez is getting raked over the coals for doing now.
posted by Francisco @ 1/17/2004 08:30:15 AM
A thought experiment...
Imagine you wake up on just a normal Friday morning, turn on your local news radio station and hear this, read in newscaster's deadpan:
According to DC police chief, Larry Forester, the Barry Goldwater Tactical Combat Unit of [pro-Bush urban guerrilla group] the Ethanallens, who operate in Georgetown, attacked a group of District of Columbia police officers just outside the Foggy Bottom-GWU metro station. The attackers used both handguns and rifles. Four people were wounded, including two bystanders who were on the way to ride the metro, along with a metro worker, who is being treated at the local hospital. The DC Police officer and one of the bystanders received bullet wounds to the face.
It's just too far-fetched, isn't it, even as a send-up.
The spooky thing is that if you'd been listening to news radio in Caracas this morning, that's what you would have heard. Well, a Venezuelanized version thereof, anyway.
The pro-Chavez guerrilla group in question is the Tupamaros, a Marxist group far older than chavismo that now enthusiastically supports the revolution.
Perhaps alone in the world today - the tupas, as they're known - occupy the ultimate oxymoronic/magic realist political position: they're a pro-government guerrilla movement.
(Think about that - how does that even work?!!)
The government does not control the Tupamaros, and it's not clear to what extent they take orders from Chavez personally. But what is clear is that they're heavily armed, and effectively control entire housing estates in the West Side of Caracas. What's also clear is that the Tupas sporadically carry out urban warfare opperations against the "enemies of the revolution" - and often against the PM, the Caracas Metropolitan Police.
The PM is seen as the enemy because their chain of command ends at the desk of Alfredo Pena, the fiery antichavista mayor of Caracas who was elected with more votes than Chavez himself got in the city. What the bystanders did to deserve a bullet in the face only the tupas know.
It's hard to exagerate just how destabilizing events like today's shootings could be. But the worst of it, the most destabilizing part of it, is the government's very public and very chronic refusal to ever investigate, much less prosecute, any act of political violence perpetrated by any Chavez follower.
Is it really too much to ask for the president to try to maybe do something to stop the urban guerrillas who support him from shooting cops randomly at tube stations?
What kind of mad reality are we living in when you can actually write a question like that last one and mean it?!
From: Cesar Date: Fri, 16 Jan 2004 6:27 PM
To: caracaschronicles at fastmail.fm
Hi Francisco,
I read your last post (Jan 16th) and I'd like to tell you that I too worry
about all this madness. I worry that all this will become normal like so
many other bizarre things are "normal" in our country. I struggle, for
example, to explain to my US friends why Venezuelan homes have so many metal
bars on their windows, something I didn't think about before coming to the
US because I considered them normal, even though deep inside me I knew it
was very wrong. In the same way, Venezuelans of the future may see as normal
to have armed groups controling part of the cities. And then we'll be
doomed.
I fear that the Chavez era has opened a Pandora's box for which we will not
recover in a long time, if ever. I mean the political violence that is now
part of our society. I have, however, some hope that in a post-Chavez era,
without his inciendary verb, all this tension will fizzle down and the
current violent politics will give way to more constructive ways.
WWMLKD?
"Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity."
-Dr. Martin Luther King Jr., Strength to Love, 1963
"Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will."
-Dr. Martin Luther King Jr., Letter from Birmingham Jail, 1963
Danny Glover and the members of his Transafrica Forum continue to protest that theirs is not a pro-government propaganda visit, or at least that's what they say, in between one pro-government propaganda event and the next.
In the latest non-propaganda propaganda coup, flanked by government grandees, the Transafrica forumsters opened a photo exhibition on the life of Dr. Martin Luther King, Jr. The occasion raises, in my mind, a simple question: what would Dr. King do if he was alive today and faced with a government like Chavez's?
After years of being harassed, spied on, intimidated, threatened and roughed up by the government, would he really support a government that routinely harasses, spies on, intimidates, threatens and roughs up its opponents?
After a lifetime spent trying to focus attention away from something as fleeting and banal as skin color, would he really support a government that plays on racial differences to bolster its support?
After working tirelessly for the economic empowerment of the most disadvantaged Americans, would he really support a government that has impoverished more people faster than any other in Venezuela's history?
After risking his life to ensure the voting rights of all US citizens, would he really support a government that works tirelessly to block the rights of Venezuelans to vote in a recall referendum?
And would Dr. King, who was so passionate about Christ's counsel to love your enemy, would he really support a government based almost entirely on the vilification of those who disagree with the leader, on the demonization of dissent, the equation of disagreement with treason?
"Man must evolve for all human conflict a method which rejects revenge, aggression and retaliation. The foundation of such a method is love."
-Dr. Martin Luther King Jr.
The worst part about Chavez's new strategy...
...is that it actually seems to be working.
Right now, Hugo Chavez has a single goal: survival in power.
Oh sure, he'll talk about the revolution this and the revolution that and isn't it terrible how they want to take away the revolution, but Venezuelans long ago learned that revolution is merely one of a family of words Chavez uses as a rough synonym for "me."
[The others being "mvr", "government," "fiscalia", "Armed Forces", "state", "Magallanes", "law", "central bank reserves" and "constitution" - narcissists have a hard time with ego boundaries.]
Of course, plotting and surviving is Chavez's strength, the one activity he has a credible shot being called an "expert" in. Chavez plotted a coup for TEN YEARS between his Saman de Guere oath in 1982 and the actual coup-attempt on Feb. 4th, 1992! Plotting is hard-wired into his political imagination. Arguably, Chavez can't really tell the difference between politics and plotting. In any case, he can't seem to differentiate the opposition movement from a conspiracy any better than he can differentiate his political plotting from the practice of governing.
So it's Chavez the military conspirator who's facing this stability crisis; that's the mindset he brings to the problem. A quick assesment shows his hand is pretty weak, for two reasons: 1-He knows he cannot dominate the country's institutions the way he once could. 2-He know's the government is out of money.
So put yourself in his shoes? what do you do? Well, unless the other side makes a major blunder, you're gonna lose. The strategy, then, will be to try to goad the other side into making that mistake.
Think tactically: how can you put the opposition under pressure, how can you push it towards making a major blunder before the recall vote? How can you divide them?
Can't be that hard: the opposition is famously unable to agree on anything beyond its animosity to Chavez. It ranges from the Trotskyite Marxist Bandera Roja party to reactionary pro-Bush generals. It's not particularly hard to play on divisions. If they were ever forced to sit down and negotiate with each other, they probably couldn't agree on what to put on a pizza.
So what if they were forced to sit down and agree on a single, unified slate of nominations for state and local elections later this year? And what if you could force them to start negotiations right now, when they'd much rather focus on the recall vote?
Chavez must have asked himself: what are the chances that the opposition can stick together through a deal that complex, made up of hundreds of smaller local and regional deals?
It's just a lucky thing for him, then, that nationwide elections for governor and mayor are due later this year. It was not clear, juridically, whether those elections should take place in late July-early August, or in December. But it looks like this is the kind of favor Chavez can still expect a favorable hearing on from "his" CNE members.
Jorge Rodriguez has already announced the July/August timeline as the CNE's preferred timing for the regional votes. The political parties would have to present their nominations several months earlier - by March, no later. That'll probably fall in the middle of the referendum campaign: the worst time for a crisis.
If the opposition wants to go to the state and local elections as a united front, they need to sit down around a table right now and get that back room air good and smoky. A deal is crucial. Surely, if adeco dinosaurs are good for anything at all (which is questionable), they're good for cutting a backroom deal on candidacies. Now would be an excellent time for them to exercise some of those skills.
The deal will require real negotiation skills and painful concessions from everyone. The state and local election involve key decisions on the future of a whole generation of budding young politicos from literally every corner of the country. Even if a deal is reached, the disappointed will outnumbered the nominated by a ratio of 5 or 6 to one. Will those 5 or 6 also-rans turn around and support the recall effort with the same zeal if they know they will not be mayor or governor after the next election? Chavez is gambling the answer is no.
Chavez's gambit was subtle, well played. It could well work.
But as Pompeyo Marquez says, if the opposition parties are not able to work out their differences over something so ultimately petty as governorships and mayorships then they don't deserve to win the recall.
Of course, there's a distinct possibility that Chavez has blundered, that by forcing the opposition to put up or shut up, he's providing a much needed prod for the opposition politicos to get serious about picking leaders once and for all. Once the regional nominees are picked, the opposition could be far more coherent than it has been so far, much better able to act as a unit. It's hard to forecast these things.
But chances are that the opposition's propensity to prima donnaish maximalism will sink a comprehensive deal. Some parties are bound to walk off the table, the opposition negotiations could descend into a kind of battle royal. Even if you don't end up in some nightmare scenario, the negotiations will obviously be a distraction to a political leadership that wants to focus like a laser beam on the recall.
Of course, the opposition is well aware what the government is up to. They've been taken for a ride by Chavez more than once already - and I think, I hope, they've learned something over the last couple of years. I hope they'll understand how important it is for the country's future that they put their differences aside and reach a deal quickly. Really it would be very difficult for voters to forgive if the typical old infighting took precedence over the country's future here. Their fledgeling credibility is at stake.
Chavez probably figures that even if a deal is reached, it will still favor him, because a-there's a good chance voters will be unimpressed by the opposition nominees and b-it'll give him someone to demonize, someone to run against during the recall referendum, relieving him of the painful burden of having to run against himself.
So, for Chavez, it's a win-win situation.
For the opposition, on the other hand, it's both a challenge and a test.
posted by Francisco @ 1/13/2004 05:39:48 PM
How useless can Hugo Chavez get?
Man, just when you thought Hugo Chavez couldn't get any more useless, he outdoes himself again. I mean, if you're going to have a far left lunatic run your country, you might guess you'd at least get some nice meaty Bushwhacking out of him. Not even!
The coward actually praised Dubya's latest remarks on Venezuela, calling them "very precise." Honestly, what's the use of this guy? A propensity to rant against the neoimperialist cabal in Washington was, as far as I'm concerned, the only redeeming feature of the Chavez regime. But he doesn't even dare, not when it's Bush personally...useless, I tell you, useless!
It's official: the 30 days to verify the signatures start today.
Official train crash date: February 12th.
CNE must announce whether or not it will call a recall vote by that date.
Mark it on your calendars.
Likelihood of serious destabilization/violence on February 13th: high.
Only in Venezuela do we schedule deep political crises with such precision.
Yet another open letter Danny Glover probably won't read...
So, Danny Glover is in Caracas to witness the revolution's great strides in helping black Venezuelans. But does he have any clue how race relations actually work in Venezuela? More importantly, can he and the rest of the US left be bothered to find out?
If you want to annoy, really annoy, a Venezuelan opposition member, tell him that he's only against Chavez cuz he's white and rich, engaged in a sotto voce oligarchical conspiracy to keep black Venezuelans poor and oppressed. Then kick back and enjoy the show, as his muscles tense up, his veins bulge, and, if you look closely, you see a bit of steam coming out of the guy's ears. Fun!
Not that I'm immune: the righteous race-struggle pap chavismo puts out abroad may be the single most misleading, destructive, and intellectually dishonest part of their international public relations campaign. It's a line they barely ever use in Venezuela: it just doesn't mobilize the masses, cuz it's so transparently bogus...but it sure does come in handy when you want to rally first world lefties to the cause.
The strategy rankles so much because it so clearly flies in the face of Venezuela's day-to-day reality. Racism may be the only acute social problem Venezuela doesn't have. Yet, by its very nature, a charge of racism is fiendishly difficult to refute without sounding, well, like a racist.
So it's easy to see why the government uses this line. The charge is devastatingly effective as a propaganda tool in the first world. Americans and Europeans are extremely sensitive to charges of racism, and any group tarred with the label becomes immediately suspect.
But the fact is that portraying Venezuela's political struggle as race-based is just plain silly. Anyone who has spent more than five minutes in Caracas can tell you why: there are remarkably few black people in Venezuela, and remarkably few white people as well! A good 80% of the country is mestizo - mixed blood - covering a chromatic scale of browns that does not consider itself either white or black - just "moreno", or "cafe con leche", just plain brown.
This gives rise to a social dynamic that is totally different from what you see in the United States. In the U.S., you're either white or black, period. These days you can be "other", on the census forms, but in everyday life you will be assigned to one or the other of the racial categories, and you'll be treated accordingly. If you're white you eat jell-o, listen to Bryan Adams, pray in a nice white episcopalian or evangelical church, think OJ Simpson did it, and can't dance. If you're black, you eat fried chicken, listen to Al Green, pray at a Southern Baptist Church, think OJ was framed and dance like you were born to dance.
Yes, those are stereotypes. This is exactly the point. You can come up with a list of immediately recognizable stereotypes for whites and blacks in the US, because in the US racial categories are really ways of describing ethnic groups. After a long history of segregation, the two groups evolved in radically different ways. Each acquired a unique culture. Blacks and whites in the US cook different things, vote in different ways, they live in different places, hell, they even speak with different accents. They are two separate ethnic groups, and what are described as "racial" problems in the US usually really boil down to ethnic tensions. This is why the phrase "African American" became established: because in the US, it really isn't about black or white, it's about membership in a group.
But in Venezuela - and this is the key thing that Danny Glover and Ignacio Ramonet seem determined not to understand - it just doesn't work this way. Racial categories do not map onto ethnic groups like they do in the U.S. Black people in Venezuela eat the same things as brown people and white people. They speak with the same accent. They live in the same neighborhoods. Except for Barlovento, they listen to the same music and dance the same dances. They go to the same churches, they pray in the same way. Their skin colors may be different, but they know full well what their ethnicity is: they're Venezuelans! Describe any black person in Caracas as "Afro-Venezuelan" and they'll just stare at you in incomprehension.
So the dynamic of ethnic tension that pervades the US cannot really arise in a country like Venezuela: we're just too much alike. The thing that really confuses gringos is that, unlike in the US, race actually is just about skin color in Venezuela. For instance, I remember talking to a lot of confused Venezuelans in 2001, when Colin Powell was appointed US Secretary of State. "They keep saying he's the first ever black secretary of state, but, but look at him! He's not black! He's nowhere near black!" I tried to explain that, in the US, the thing that made a person black or white was not actually his skin color, but rather his ancestry, family history, and belonging to a given ethnic group. Mostly, I got blank stares back. It seemed so evident to them: "no, no, you don't understand: look at his skin. Is it black? No! How can they say he's black if his skin is cafe con leche? It doesn't make any sense..."
And at that point, I stopped arguing, cuz clearly he was right: it's US attitudes towards race that make no sense at all...the way we deal with it seems like a model of inclusive common sense in comparison.
Most gringos would be really surprised, probably inspired, and definitely confused if they saw the way white and brown and black Venezuelans relate to each other. Every American I've ever met is stunned to realize that seemingly racially loaded terms like "catire" (blond) and "negro" are tossed around casually, both in public and private, as terms of endearment. Lovers use "negro" and "negra" as pet names - pillow talk fodder. Parents call their fairest skinned kid "catire" across the breakfast table. Chavez's Education Minister, Aristobulo Isturiz, is nicknamed El Negro Aristobulo by both supporters and detractors, both when talking about him and when talking to him. It's a totally unremarkable thing.
Relations between people of different skin colors are remarkably fluid, in all sorts of circumstances. I've seen German-born, blue eyed Chavista political organizers in Barinas state leading groups of brown-skinned pro-Chavez campesinos with no problems at all. I've seen black TV presenters from the anti-Chavez media bossing around white staffers in his production team as though it was the most natural thing in the world (it is!) Because their culture is the same, when a black Venezuelan and a white Venezuelan talk, race is nowhere near the forefront of their minds...it's an aesthetic detail, probably closer to what happens when a blond North American chats with a brown-haired North American.
You see this throughout the society. In Venezuelan high schools, you never see the situation you see in racially mixed US high schools, where blacks tend to hang out overwhelmingly with other blacks, and whites usually only make friends with other whites. Venezuelan high school students mix, make friends, go to parties, fondle each other, cheat on tests and riot against the cops with an inclusive color-blindness that would be the pride of any good first world liberal.
(If you've seen "City of God", you have a sense for just how color-blind these societies can be...though the film is about Brazil, a shocking amount of what it shows would hold in Venezuela also, including both the appalling everyday violence and the easy mingling of people with different skin colors.)
This kind of matter-of-fact mixing can happen because, deep down, Venezuelans of different races don't see each other as fundamentally different, they don't endow differences in skin color with the kind of deep social meaning that skin color acquires in a society as racially polarized as the US. In Venezuela, skin color really is skin deep.
Sure, it's true, the lighter your skin, the more likely it is you're well off, for historical reasons. And you do sporadically hear pretty tasteless jokes about negros, that's also true. But stacked against the mountain of everyday conviviality between the races, these signs of prejudice don't amount to a hill of beans. I mean, the undercurrent of real menace that a racist joke carries in South Carolina is wholly absent here, which is why you'll hear jokes about race in Venezuela told in racially mixed groups, and as often as not by darker skinned people. Plus, remember, any time you gather more than 3 or 4 Venezuelans together, chances are that you'll have a "racially mixed group"...it's just a fact of demography.
Venezuela's is very far from an apartheid society: there are any number of dark-skinned people who've made it, and (especially these days) any number of very poor light-skinned people. Does someone in a barrio have it easier if he's light skinned? Does someone in a board room have it harder if he's dark skinned? I really don't think so, in either case.
The point is that race and skin color don't have the same social meaning everywhere. That's the thing that's so frustrating about trying to talk to first world lefties who've been told that the political crisis in Venezuela is basically about race. They import the little mental schema they've developed to think about race in their own societies, and they transfer them willy-nilly onto a totally different context, onto a society where the same biological fact - skin color - has a vastly different and far less salient social and political significance.
It is, in the end, just another instance of U.S. cultural imperialism, of the laziness that comes with being the biggest and the most powerful. Americans don't think they have to go through the trouble of actually learning about the social dynamics of other societies because they're actually so self-obsessed, so enamored of their own navels, that they can't really conceive that other societies work differently from their own.
The left in the U.S. imagines that this is purely a problem of the right. But as Danny Glover's visit makes clear, good chunks of the US left also resist the effort of the imagination it takes to conceive of a society that's really, deeply unlike yours, a society that cannot be understood using the intellectual categories you've developed to understand your own society. This is hard work, it's not easy or comfortable or reassuring. But if the endless paeans to the wonders of diversity, tolerance and cross-cultural understanding are to be anything beyond cliches, the U.S. left ought to take a long, hard look at its own myopia, its own difficulties with understanding political dynamics that are genuinely different from what its used to.
And proving that old editors never die...
...they just start doing it over email, my ex-boss Toby Bottome writes in:
A nit: it's not 80% as you say.
The Fundacredesa study determined 97% of all Venezuelans (defiend as born here of a venezuelan-born mother) carried all three genetic markers in their blood - white, black and indigena..
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Dave Hill: The Comedyrants Interview by Danny Gallagher
Dave Hill, a native of Cleveland, Ohio, originally worshipped at the altar of the rock gods and became a consummate guitar player. He made a name for himself in the New York, Los Angeles and British comedy club scenes and writes with the proficiency of a professional journalist for several newspapers and magazines that even the illiterate would recognize. His reporting and journalism work have earned him a regular contributing spot on the public radio powerhouse “This American Life.” He also has one of the funniest Twitter accounts on the web that will make you forget what a huge waste of time Twitter can be in the hands of the average, humorless bastard.
Dave Hill would like you to know that he knows Dick Cavett and Malcolm Gladwell, both of whom provided quotes for his new book “Tasteful Nudes…and Other Misguided Attempts at Personal Growth and Validation” due out May 22nd from St. Martin’s Press.
Hill spoke to Comedyrants about how he combined his talents for comedy and rock to become an awesome physical force of enlightenment and entertainment, the dress code of the “Dave Hill style” and how he developed a rabid obsession for Norwegian Black Metal.
Where do you find your wardrobe?
Where do I find my wardrobe? Ideally on the floor of a sexy, sexy lady’s apartment. Ha- that is a joke I just made up in my spare time. Anyway, I buy a lot of my clothes in London when I’m over there doing shows. People just dress better over there in general, so it’s easier to find good stuff. I like stuff from Paul Smith, Vivienne Westwood, and Merc the best. I can’t tell if I sound like a total penis so far in this interview. I think it’s hard to not sound like a penis when talking about clothes if you’re a dude. But I will continue anyway. Another thing with shopping for clothes is that I almost never pay more than 50% of retail. I try to wait for sales. I usually only pay full price for stuff like underwear (I wear the cheap kind because I figure by the time anyone sees it, it’s too late for them to turn back). Occasionally I’ll buy a nice pair of shoes or jeans because, if they are well made, they will last a long time and be totally worth it, by which I mean it will lead to tons and tons of sex and the occasional free drink or brunch invite.
How would you describe the Dave Hill style and is there a better name for it than “the Dave Hill style”?
I would describe the Dave Hill style as “slightly too tight and preferably velvet” or “a guy from Cleveland just trying to dress well enough to distract from his face.” I like my clothes but I usually think they would look much better on someone else. I have heard people say I’m a bit of dandy but I don’t think I’m nearly dainty enough for that. You can’t be from Cleveland and truly be a dandy. It’s just not possible. I get a polar fleece for Christmas pretty much every year, which keeps me grounded. Sometimes I’ll put it on and walk around the neighborhood so I can feel what it’s like to be a normal person.
How does someone become so connected into the alternative NYC comedy scene as you have?
I can’t tell if I’m all that well connected or not. I do have Todd Barry’s phone number, so I feel pretty good about that. Generally speaking, though, I think the comedy world is a lot like high school- you run into everyone at some point or another and hopefully no one will end up stuffing you into a locker, pushing you down a flight of stairs, or throwing something at your head. Most comedians are really nice, so a lot of times I will go and get a soup or salad with them.
Tasteful Nudes by Dave Hill: The Incredible Music Video – watch more funny videos
What would you say is the highlight of your career besides this interview?
This interview is definitely up there, but I’d say any time I get to do stuff with Dick Cavett, one of my absolute heroes, is always a highlight. I’ve had him on my Dave Hill Explosion show a few times, he’s done my podcast, and we just shot a video together. I even went to his house once, which almost caused a seizure (in me, I mean. He seemed totally fine). I can’t believe I know him. Every time I talk to him I’m thinking “Holy shit- Dick Cavett!” and just trying to hold it together the whole time.
Another highlight was performing at Sing Sing prison for 300 inmates. They were all maximum security violent felons – murderers, rapists, stuff like that. I guess it was kind of like a comedy version of Outward Bound or something. I was terrified going into but I ended up having a really nice time in the end. I can’t wait to go back. Prison is so underrated.
What would you say is the low point of your career besides this interview?
As for low points of my career, depending on my mood or how much I’ve had to drink or whatever, almost any day could seem like a low point depending on how you look at it. Show business is a cruel mistress. I feel lucky to be able to do what I do for a living, but I am usually in a mild panic about everything. About 10% of the time though, I am operating from a place of extreme, largely unwarranted confidence and that’s when I manage to get stuff done. The rest of the time I just run errands and stuff. Also, I’ve been told I have slightly larger than normal external male genitalia. I realize you didn’t ask that question, but I wasn’t sure where else in this interview I should mention that.
How insecure do you consider yourself to be and if so, why live in New York, aka the second most shallow city in the history of the universe?
I think everyone in comedy is pretty insecure or they wouldn’t have gone into comedy in the first place. As for my own mental state, I am wildly insecure sometimes and confident-bordering-on-delusional other times. As I’ve learned in therapy, however, the key is to recognize both of those things as something you should probably blame on your parents. New York is a great place to live though, because no matter what your mental state, you can always find someone who will make you feel totally not alone.
Did you always aspire to combine your music with your comedy or at what point did you decide to combine the two? What makes it work?
No. I actually kept them pretty separate for a while. I started as a musician and am a huge rock fan, so I was never really into “musical comedy” because I felt like it compromised the majesty of rock. Or something like that. But gradually, I started combining the two. I’m not as much into writing silly songs as I just like talking and shredding on the guitar. Also, the guitar is a nice kind of security blanket on stage that allows me to go back to being an introvert for a few seconds whenever I feel like it. The guitar conveniently covers the nuts, too, so that’s another bonus.
What do you know about Norwegian Black Metal that the rest of America hasn’t caught on to yet?
As a lover of both Satan and heavy metal, Norwegian Black Metal has been a favorite of mine for a long time now. It’s crossed over into pop culture in the last few years, mostly because of all the crazy Norwegian Black Metal band photos, but most Americans are totally missing out on all that borderline unlistenable music that goes along with it. That said, there are some great Norwegian Black Metal bands. I like Darkthrone, Mayhem, Satyricon, and Emperor a lot. I love Bathory, too, but they’re Swedish, so I’m not sure if that counts. They had the best band photos though if you ask me. Also, a lot of Norwegian Black Metal musicians live out in the woods, which is also cool.
You have some impressive quips on your book. Malcolm Gladwell called you his “idol.” Is that difficult to live up to? Who would your dream book quote be from and what would he/she say?
No. I see Malcolm a lot because we live in the same neighborhood. I am happy to be a positive role model for him. As far as dream quotes, I can’t believe it but I actually got most of the ones I wanted. The back of my book has nice quotes from Dick Cavett, Malcolm Gladwell, Chris Elliott, Ira Glass, John Hodgman, Janeane Garofalo, Sandra Bernhard, and Andy Richter- all people I admire a shitload. I really wanted to get one from Salman Rushdie but I couldn’t make it happen. Fuckin‘ Rushdie. I guess him or Stephen Hawking would have really rounded things out nicely. They could say whatever they want as long as they promised to throw in a little profanity. A quote from Morrissey would be great too- maybe just some of his lyrics. I guess I could just go ahead and do that, couldn’t I?
Here’s an obvious question for you: what do women want and how can men give it to them?
I know women were into mojitos for a while, but now I’m not really sure. I think it’s important to be kind and respectful to women at all times. Also, don’t forget to work the nipples.
Danny Gallagher is a freelance writer, humorist and reporter and a regular contributor to TruTV’s “Dumb as a Blog“, Playboy’s “The Smoking Jacket“, MTV’s Clutch and the Shadowbox Comedy Theater of Columbus. His humor and feature writing has also appeared in Aol’s TVSquad.com and Asylum.com, Spike.com, Esquire Magazine, Cracked.com, Mental Floss Magazine, The Christian Science Monitor, Chicago Tribune’s “Redeye,” The Austin American-Statesmen and The Center for the Easily Amused. He doesn’t shower much.
Filed Under: Comedians, Featured Stories, Rant Articles, Rant Video, Ranters Who Rule, Uncategorized, Writers Tagged With: comedyrants interview, Danny Gallagher, Dave Hill, Dick Cavett, Malcolm Gladwell, mrdavehill, NY Comedy, tasteful nudes, Tasteful Nudes...and Other Misguided Attempts at Personal Growth and Validation
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in smart transport — by CV Admin — July 1, 2019
Bhargav TS
From the time of unveiling the Circuit nine-meter electric bus in 2016, to the successful bagging of orders from two public transport undertakings in the country, Ashok Leyland has clocked a good deal of kilometres on the road to electric mobility. Gaining experience for every kilometer that it is travelling, the CV major is working on electric concepts. These include Light Commercial Vehicles (LCVs) and buses. Through a strategic alliance with Sun Mobility, the company is drawing ambitious plans to climb up the electric CV ladder in India. Aligning the same in line with the big shifts that are taking place in the powertrain technologies as well as the market demand and customer preferences, Ashok Leyland is closely observing the shift. It, according to Dr. Seshu Bhagavathula, the Chief Technology Officer, is exploring new ways to design and develop electric CVs. Expressing an opinion that India has miles to go before a complete shift to e-mobility takes place, he mentioned that the lack of access to battery materials is one of the big challenges. This involves both, original or processed materials, he added. Of the opinion that China has lithium deposits, Dr. Seshu mentioned that it has secured a future for EVs for a minimum of 100 years.
Revealing that China has taken over countries like the Republic of Congo economically where some of the raw materials are available in abundance, Dr. Bhagavathula revealed that India is talking to Bolivia. Bolivia, he mentioned, has lithium deposits. Asserting a need to secure access to raw materials, he stated that this is essential to compete technologically in the area of hardware. With a large number of leading players expressing interest to conduct business in India because of the market size and demand, Dr. Bhagavathula expressed that the ‘Make in India’ policy calls for a need to pursue electric vehicle development in a holistic manner. “The need is to look at all the aspects like electricity sources and charging infrastructure among others,” he added. Expressing a view that all the leading players are interested in India since they could sell their technology and products, Dr. Bhagavathula said that there is a need to look at greener mediums to generate electricity rather than burn coal. The act of burning coal to charge batteries is terrible, he said. “There is a need to look at a whole new value chain. Only a part of this is there,” he added.
Advantage FAME II
Confident of shared mobility (transport) profiting from FAME-II, Dr. Bhagavathula explained that buses will (and should be) the first to go electric. Two-wheelers, three-wheelers and passenger cars would follow, he stated. Drawing attention to the charging infrastructure, he expressed a need to set stations everywhere. “There may not be enough space in all gas stations. One solution is to get individuals to set up charging stations in front of their houses and run it as a profitable business,” he averred. Of the opinion that charging stations could be established along the highway dhabas, Dr. Seshu mentioned that people will take to it once they understand the viability of it. With electric sustainability important at a national level, the need is to look at each state electricity board working in tandem. The need is for them to work in tandem on issues like peak hour consumption and supply. Factors like these would have an influence on electric mobility, said Dr Seshu. Informing that FAME II needs correction since it is difficult for OEMs to operate profitably under the respective frame work, he called for cheaper funding with minimum or zero interest rate. “There should be subsidies for CO2 reduction, repair of e-buses, and for the number of people who resort to public transport by leaving their cars behind,” he added.
At the 2018 Auto Expo, Ashok Leyland announced its association with Sun Mobility to explore battery swapping. There is a good potential for the same, according to Dr. Bhagavathula. It is ideal for short distances, according to him, and could be deployed on short distance buses that do typically 30 to 40 km. Providing an advantage of reduction in overall cost of the bus because of the need for a small battery, battery swapping technology could get the bus to gain in terms of cost and range. It could make an ideal solution for travel between two short points like Ahmedabad and Rajkot, according to Dr. Seshu. “For a longer distance, a technology like this could prove to be expensive. Dozens of batteries will have to be invested into. As many batteries will need to be held as well,” said Dr. Bhagavathula. Revealing that Ahmedabad is the first city to experiment with battery swapping technology, he mentioned that four Series-1 (Ashok Leyland Circuit) buses have been introduced in Ahmedabad. In addition, one or two buses are being delivered to the city every week. Clocking over 10,000 km, these buses, said Dr. Seshu, are helping accumulate an amount of data. Data, that will provide an opportunity to progress. Especially, with an amount of stress being put on activities like fine-tuning of electric mobility technologies.
Electric vehicle supply chain
In discussion in Tamil Nadu, Ashok Leyland is looking at a proposal to own and operate buses by outsourcing battery swapping technology to another company. By doing so, it is looking at generating a good deal of data involving no less than 50 buses. Keen to study the effect of climate on electric CVs, Ashok Leyland is seeking more information. This would help it to further fine-tune electric propulsion technologies. Conducting trials in hilly regions to emerge as a national-level player in e-buses, Ashok Leyland, said Dr. Bhagavathula, is looking at developing a robust supply chain network that would include motor and battery suppliers. Keen to procure India-validated motors and batteries in the interest of them better enduring the local weather and road conditions, Ashok Leyland is looking at safety and security. Mentioned Dr Seshu, “It may not be worth procuring such components from foreign markets for local deployment. The need is to set up a supply chain in the next three to five years that could supply inverters, e-axles, battery management systems, charging stations and other infrastructure.”
Underlining the need for local procurement of components, which are validated and sourced locally, Dr. Bhagavathula mentioned, “Apart from safety and security, this would increase the confidence of the auto components industry to produce battery cells locally. If this is achieved, companies will come to India and make battery cells, he added. Stating that it is not easy, but not impossible either, Dr. Seshu said that the Indian companies may not make cells since it is expensive and capital intensive, they could very well make a motor. Of the opinion that NFTDC has all the ingredients to make a motor, he revealed that Ashok Leyland is working with them. “We will design the motors and they will make them. We are in talks and working on preliminary projects, he informed. Expected to take time, such efforts would propel Ashok Leyland CVs down the electric road with an ability to be globally competitive and class leading. Drawing attention to 125000 connected Ashok Leyland trucks out on the road, Dr Bhagavathula said, “We know the parameters. We have the ServiceMundy, and we are coming up with other apps. that can locate not just where the truck is, or diagnose what might have gone wrong, but also have the ability to help drivers in many other ways.
Connected CVs
Drivers of Ashok Leyland trucks are given a small bluetooth device that could be connected to a circuit in the vehicle. Doing this would help detect the vehicle. By using the device, the driver would receive a suggestion on what could be done. He could connect to a nearby service station as well. He could do so with the number in the app. Keen to see platooning first being deployed in the mining sector, Dr. Bhagavathula averred, “It is very expensive, and even though it may concern a prototype.” Revealing that technologically they have got electronic steering, distance control, and other bits like lateral measurement, which control the vehicle’s left and right movement, Dr Sehsu explained that it is difficult to manage if at some point the lead truck goes out of sight in a turn or during a similar maneouvre. Of the opinion that technologies like platooning need to be developed carefully, including BSVI, Dr Bhagavathula stated that they are running eight projects on the engine side. He informed, “With BSVI, you will see the whole HP moving up. We have already prepared for 360 hp. We are going to go beyond that.” “With the new axle norms, the weight (of CVs) has gone up by six to seven tonnes. We would therefore like to give each sector 20 HP more. 60 HP will be more than enough for the next two jumps,” Dr Seshu explained.
With one new cylinder required to go up by 40 hp, Ashok Leyland is expected to conduct a slew of launches once BSVI emission norms are enforced. These would begin with the launch of the first BSVI engine. On the vehicle side, the migration would involve legislation. What will make it exciting is a range of new technologies like driving assistance among others. In terms of functionality, the CVs, post the migration to BSVI, will not witness a drastic change in functionality, according to Dr. Bhagavathula. “The difference will be in price and in the extraordinary performance,” he concluded.
Tags: Ashok Leyland, E-mobility, fame
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Microsoft’s $1 Million Diversity Commitment
Posted on June 10, 2008 by cmadmin
Redmond, Wash. — June 10
In order to further diversity efforts, Microsoft Corp. recently unveiled a $1 million commitment of cash and software during the next three years to the National Association of Black Accountants Inc. (NABA). The multifaceted commitment is an extension of Microsoft’s long-standing relationship with NABA.
Microsoft’s commitment will align with NABA’s existing mission to build a pipeline of African American talent in the accounting and finance profession. The company hopes to enhance NABA’s strategies through more than a simple monetary donation by sponsoring many scholarships and local chapter funds on the West Coast, lending technical training for Microsoft Enterprise products and providing free software licenses.
One such example can be found in Seattle, where Microsoft will sponsor a significant portion of the local NABA chapter’s scholarship fund and general fund and its Accounting Career Awareness Program, designed to entice high school students to enter the profession.
“With this amazing commitment from Microsoft, we feel even more confident that we will be able to continue our efforts to increase the talent pool of black accountants and finance professionals,” said Gwendolyn Skillern, CPA and national president and CEO of NABA.
“Partnering with companies such as Microsoft is crucial to help NABA succeed in increasing awareness and creating opportunities for more African Americans to enter and continue in this great profession.”
Microsoft believes that to become a diversity leader in the technology industry, it must have strong partnerships with organizations such as NABA.
“Building a more diverse work force on all corporate levels is a strategic imperative at Microsoft,” said Alain Peracca, corporate vice president of audit at Microsoft. “I am delighted the two organizations will be working even more closely to grow the next generation of African American accountants and financial professionals.”
The commitment comes at a time when approximately 1 percent of all Certified Public Accountants (CPAs) are African American, according to the American Institute of Certified Public Accountants report “2008 Trends in the Survey of Accounting Graduates and the Demand for Public Accounting Recruits.” The numbers for new hires are somewhat more encouraging, with African Americans accounting for 8 percent of all newly hired CPAs.
In addition to its accounting focus, NABA is considered by many to be the leading financial services organization for African Americans. Microsoft hopes to help increase these numbers by funding NABA scholarships to support future generations of technologically savvy African American accountants and finance professionals.
Elaine Raymond, winner of the 2008 NABA Business Scholar, Seattle Chapter scholarship, sponsored by Microsoft, can speak to the importance of the scholarships.
“It reassures me about my future,” Raymond said. “A scholarship coming from NABA shows a support network recognized by great companies such as Microsoft, and it’s comforting to know that a potential employer is helping me to graduate with a degree in business.”
The $1 million commitment also includes the creation of the Microsoft Innovation in Accounting Technology Award, to begin in 2009, that will reward those NABA members who use or create new technologies that lead to improvements in the accounting and finance professions.
“To achieve Microsoft’s ambitious business goals, we rely on the diversity of talent to keep the company firing on all cylinders,” said Frank Brod, corporate vice president of finance and administration at Microsoft. “So it’s important that we always work to increase our diversity of talent, including accountants and financial professionals, to ensure the needs of our customers, partners and shareholders are met.
“An important element is rewarding those diverse professionals who take the techniques of the trade to a new level. That is why I’m particularly happy to see the creation of the Microsoft Innovation in Accounting Technology Award in 2009. With this, we will be able to help lift NABA members as they climb.”
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Cartridges of the World, 13th Ed., Coming Soon (with Bonus CD)
The updated and enhanced 13th Edition of Cartridges of the World, will be released September 7th. This important reference can now be pre-ordered through Amazon.com for $19.75. Cartridges of the World, the most widely-read cartridge reference book, is now even more comprehensive, with 55 new cartridges added since the last edition. The 13th Edition now contains descriptions of over 1500 cartridges including popular wildcats and the new offerings for AR-platform rifles.
The 13th Edition of Cartridges of the World (ISBN: 9781440230592) includes updated cartridge specs, plus essays by leading writers on the topics of SAAMI guidelines, wildcatting, and new cartridge design trends. Cartridges of the World is the most authoritative cartridge reference guide in print. If you are a cartridge collector or are interested in the history of cartridge development, this book is a “must-have” resource.
Bonus CD for Old and Obsolete Cartridges
For the first time, Cartridges of the World now comes with a bonus CD. The publishers explain: “While this newest and most comprehensive 13th Edition, just like its predecessors, contains information on many rounds that are no longer in production, we made room for new rounds by compiling data on the esoteric, odd, and truly obsolete and moving them to this bonus CD. Best of all, the CD is FREE with your purchase of this completely updated volume.”
Cartridges of the World by author Frank C. Barnes was first published in 1965. The 13th Edition is edited by Richard Mann, a contributing editor for Shooting Illustrated and American Rifleman magazines. Frank Barnes (1918-1992) began collecting information on handgun cartridges at the early age of 12, thanks to his father, a police officer. Frank Barnes was an innovative cartridge designer, who invented the original 308 x 1.5″ Barnes, predecessor of the 30BR case. Before Frank began a law enforcement career, he was a college professor. Frank was also a pilot, and a race-car driver. Learn more about Cartridges of the World (13th Ed.) at www.gundigest.com.
Cartridges of the World Book Covers 1500+ Cartridge Types
1500+ Cartridge Types in Cartridges of the World
15th Edition of Cartridges of the World Releases This Month
Cartridges of the World — Great 680-Page Resource
New 12th Edition of Cartridges of the World Available
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The Gallery of Dreams: A Visit to the Honda Collection Hall
Vince PornelosView More Articles
The Honda Museum at Twin Ring Motegi
Vince Pornelos November 26, 2015 13:01
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First Drive: 2014 Honda Accord
There exists, in a secluded facility north of Tokyo, a building that houses some of the greatest machines in the world. From production cars, touring cars, highly advanced robots, racing motorcycles, and even cars that have been sprayed with champagne after taking the checkered flag in Formula One are all here.
That is how we can best describe the Honda Collection Hall as we take a high-revving tour of Honda's greatest machines.
After two hours on a bus from Tokyo, we arrived at Twin Ring Motegi. For the unfamiliar, Twin Ring Motegi along with Suzuka Circuit are Honda's hallowed grounds; the two biggest circuits owned by the Honda Motor Company.
Unusually, we're not here to drive the track, as we made our way to a very nondescript building tucked away amidst Motegi's highly curated trees. It was the Honda Collection Hall, a building that contains over five decades of Honda's accomplishments on the road, on the race track, on two wheels or four, and even on two legs.
Really, however, this whole building tells the story Soichiro Honda and how his passion drove his company to pursue their dreams.
As the story goes, Soichiro Honda had his first experience with a car back when he was a kid. He was walking on a path when he heard the distant rumble of an early automobile; when it passed him, he gave chase on foot as far as he can, but the car disappeared into the distance, thus starting his passion for anything with an engine.
At age 17, he built his first race car while working at Art Shokai, a local automobile shop. Using the chassis of a Mitchell and the engine of a Curtiss biplane, Honda was able to build the “Curtiss”, the very same one that is on display at the lobby of the Honda Collection Hall. And it's still in pristine and working order, leather straps over the bonnet and all.
Two-Wheeled Beginnings
But the official beginnings of the Honda Motor Company was in post-World War II Japan and on two wheels. Due to Soichiro's colorblindness he was not drafted into the military, but wanted to help Japan get back on its feet -or on wheels- after the ravages of the war. Using a small sur engine from a radio generator, Honda was able to produce a bolt-on motor for the the bicycles common at the time, allowing people an affordable means of transportation. An example of this 1946 Honda Bicycle Engine is on the second floor of the museum, the real starting point for the Honda Motor Company.
What followed was the 1947 Honda Model A, a further development of the bicycle engine and the first one to bear the Honda name on the fuel tank. Then in 1949, the company came out with their first true motorcycles with the in-house developed Honda Model C and the pressed-steel frame Honda Dream D, and then their motorcycle business grew from there.
Models such as the Cub F (another bicycle engine that debuted the signature Honda red and white), the Dream CS1the now-ubiquitous Super Cub, the CB sport bikes, Scramblers and the like followed. Honda even forayed into racing and enjoying victories at the Isle Of Man TT (Tourist Trophy) and in grand prix motorcycle racing with their RC142, 161, so on so forth until today. All of these motorcycles and motorized bicycles are displayed at the south wing of the second and third floors of the Honda Collection Hall.
We are here, however, for the cars, and this building's rooms are replete with them.
Contrary to what many would have thought, Honda's four-wheeled beginnings was not in the form of a hatchback, a sedan, or a sports coupe. No, Honda started out in the automobile business with the 1963 T360; a pint-sized, single-cab pick-up truck designed to meet the Kei car or keijidosha (light vehicle) class with its 356cc motor in Japan.
Honda actually had a prototype roadster called the S360, but it didn't make it to production. They then used the mechanicals to develop the T360 and, four months later, the 1963 S500 roadster. 1,300 examples of the roadster were made over a year, but the T360 proved very successful; over 100,000 examples rolled out of the Honda assembly line over 4 years.
Being motorcycle specialists, perhaps the small Kei class proved to be a good avenue for Honda to get into cars, and so they kept at it. In this museum visitors can spot many other examples of Honda's creativity in the category such as the 1965 Honda S600 with the GT fastback body, the funky 1971 Honda Life, the 1985 Honda Today, the 1991 Honda Beat (the first one with PGM-FI) and even the 1970 Honda Vamos, an open-body, military-style truck in OD green, no less.
Racing ambitions
Amidst all their efforts in the Kei car business, the dreamer in Soichiro Honda made sure to pursue even grander ambitions in four-wheeled motorsport and so he set his sights very high: Formula One.
To do this, the company purchased a Cooper Climax T53, the direct descendant of the first Formula One cars that had the engine mounted behind the driver, much like today's GP racers. The example that they bought is still in the Honda Collection, but they didn't get it to race, instead they studied it extensively for their own racing dreams. The result of that research was the 1964 Honda RA271, Japan's first ever Formula One race car.
Honda entered the 1964 F1 season as the Honda R&D Company, and the #20 RA271 that is immaculately preserved in the museum made its racing debut at the 1964 German GP at the Nurburgring. The car proved to be a learning curve for Honda, as it ended up retiring for various reasons in the three races it took part in, but it led to the development of the RA272 for the next season. And that's when things changed.
With Richie Ginther behind the wheel, the #11 RA272 performed better than its predecessor with some finishes in the top ten. In the season finale, however, the RA272 and Honda did what they came to accomplish: they won the race. Ginther drove the RA272 from P3 on the grid to P1 on the opening lap and never looked back until the checkered flag. It was the first and only F1 win for the American, the first F1 win for Goodyear, and the very first F1 win for Honda. Being their first success in F1, #11 RA272 is prominently located at the lobby of the museum.
Honda's next win in F1 came about 2 years later in 1967, this time with the Honda RA300 in the hands of racing legend and 1964 champion John Surtees. The #14 RA300 won on its debut at the home ground of Ferrari at Monza, and was Surtees's last victory as well as the Honda R&D Company's last before pulling out of the sport in 1968. The RA300 is on the 3rd floor of the museum amidst many of Honda factory formula cars as well as those powered by their engines, but we'll get to them later.
Bigger ambitions on the road
In the 1970's, Honda turned their focus from racing to engineering better road cars. With an eye on better fuel efficiency and improved emissions, Soichiro Honda, prior to his retirement, introduced the CVCC; an engineering solution that achieved more complete combustion by varying the air-fuel mixture within the cylinder.
This clever bit of engineering allowed them to meet U.S. emissions standards without resorting to a catalytic converter. These engines can be seen in the CVCC badged models at the museum which, incidentally, were the first generations of two of Honda's most popular nameplates: the Accord (1976) and the Civic (1973).
The success paved the way for more Honda nameplates, and you can see them on the second floor of the museum such as more Accords (including the AeroDeck), more Civics, the Prelude, and others. At the museum however, what stood out were 1981 Honda City hatchback with a matching Moto Compo minibike as well as the Honda City Cabriolet.
But it really was the 90's that made Honda very popular, especially with the tuner crowd. The reason for that was the wider application of their new VTEC technology; a variable valve control system that is able to alter an engine's performance depending on the RPM. What you get is a normal, easy to drive car at low revs and a quick and aggressive driving machine at high revs.
VTEC allowed for the rise of Honda's SiR and Type-R machines in the hall such as the 200 PS 1995 Honda Integra Type-R (DC2), the 185 PS 1997 Honda Civic Type-R (EK9) and, of course, the 1992 Honda NSX-R.
Back on the track
Of course Honda's involvement in motorsport didn't stop with the termination of their works Formula One project in the 1960's. In the 1980's, the company got involved in F1 as an engine supplier as evidenced by the many F1 cars that were powered by Honda, many of which went on to win races... and championships.
In the far corner of the race car hall of the museum sat the 1984 Williams Honda FW09 that was driven by 1982 champion Keke Rosberg (father of current Mercedes GP driver Nico Rosberg). The FW09 with the twin-turbo engine marked Honda's first win as an engine supplier in F1. In the same row was the 1987 Williams Honda FW11B that was driven by Nelson Piquet proved consistent, and won him his third drivers' championship and another one for Williams. The most hallowed car of all in this section, however, was the #1 McLaren-Honda MP4/7 that was driven by Ayrton Senna. The car here may not be the championship winning one, but its three predecessors -the MP4/4, MP4/5B, and the MP4/6- won Senna all three of his drivers' titles.
Even Honda's more recent F1 cars were neatly arranged at the Honda Collection Hall. The 2002 Jordan Honda EJ12 that then-rookie Takuma Sato took to P5 at the Japanese GP, the 2004 BAR Honda 006 also driven by Sato to his first podium at Indianapolis, as well as the 2006 Honda Racing F1 RA106 in which Jenson Button took his maiden GP win in Hungary. These, along with the 2004 Indy Reynard 96I Honda of Jimmy Vasser that won him rookie of the year, the manufacturer's title, and the PPG Cup (drivers' championship) and the 2004 Panoz G-Force GF09B Honda of Buddy Rice that took the win at the 88th Indianapolis 500, make up the notables of Honda's open wheel racer collection.
Mostly what we remember are the liveried 80's and 90's Honda VTEC touring cars, the same ones we got a chance to “drive” on Gran Turismo on the Sony PlayStation.
Cars like the 1983 Honda Civic in Motul livery followed by the Japan Touring Car Championships with the 230 PS 1993 Honda Civic SiR-II (EG6) in the colors of JACCS, the H22A-powered 290PS 1993 Honda Castrol Mugen Civic sedan, as well as the 290 PS 1996 Honda Accord JACCS. Our favorite, however, had to be the 2000 Honda NSX in Castrol livery, the car that took the team championship and drivers' championship in the All-Japan Grand Touring Car Championship or JGTC, the precursor to the Super GT of today.
Seeing these cars in the metal will make any Honda fan swoon, especially if you get a chance to see the Mugen-built engines they have on display at the landing of the 3rd floor.Honda also arranged several of their race cars as well as the cars of their competitors from Toyota and Nissan in grid formation, giving visitors a glimpse of what seeing these great 90's race cars must have been like back in the day.
Dreaming tomorrow
The Honda Collection Hall may be a museum full of their former glories and achievements, but it really shows visitors the character of the company when it comes to innovation.
Towards the end of the tour down at the ground level is a smaller hall dedicated to their capabilities in engineering and development. Cars like the 1999 Honda Insight hybrid and the hydrogen-powered 2002 Honda FCX are all there, displayed like they were new.
And there was Asimo, but not as we knew him. In that same room, Honda not only showed the final robot, but the many stages of his development. It actually looked like a scene from Terminator or RoboCop with the many versions and prototypes that Honda made to study and engineer bipedal mobility. Some even looked like small refrigerators with mechanical legs, all to develop a little robot that can mimic human motion. The Power Of Dreams may sound like some cheesy line coined by the marketing guys, but after looking at this collection full of their advancements and achievements, Honda really do make their dreams come to mechanical life.
Today, Honda is at a very challenging point in their history, what with the problems brought about by their (now-former) airbag supplier and the limited development afforded by the rules for their Formula One engine. But dreams and challenges always go hand-in-hand and judging by the achievements on display at the Honda Collection Hall, the company that has been driven by their founder's dreams will forge, research, engineer and build their way through it.
- Next Features
4JJ1-TC: Isuzu's reliability and efficiency gets a fresh boost
We experience reliability and a fresh boost with Isuzu's new VGS Turbo equipped 3.0-liter diesel for the D-Max and mu-X.
Brent Co 2015-11-28 15:53:51
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Elite Exaltas: the Nissan nicknames
From the Sampaloc engine to the Elite, we list down Nissan's popular nicknames in the Philippines
2015-12-18 16:31:33 Anton Andres
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The Official Web Site presentation
October 30 2009 - The greetings from the President Roth to the presentation of the website.
In January 1934, while preparing Italian athletes for the Winter Olympic Games of 1936 in Garmisch, the town of Aosta gave birth to a long lasting companionship between mountain sport and military tradition. 75 years later, in that same town, Aosta, this ancient companionship in transformed into reality and concretises through the organisation of the first edition of the CISM Winter Military World Games, which will finally be held in the homonym Region from 20th to 25th March 2010, among the majestic landscapes of Europe’s highest mountains.
Thanks to the attendance of significant athletes representing over 50 countries and proudly wearing their national uniform, these Winter Military World Games will undoubtedly embody an extraordinary experience of sport and sincere friendship, just a few weeks after the Olympic Games in Vancouver.
This worldwide event was made possible thanks to the precious help and will of Aosta Valley Region, which has offered the organising competences and the ancient tradition of hospitality of its people, and thanks to the work of CISM , which, since 1948, brings sport and friendship together in a tight cooperation with CIO, ONU and the European Community.
On the “battle fields” of the different tracks, the athletes will literally fight and compete for 6 days in the main ski disciplines such as downhill, cross country, biathlon, short track , and in the classical mountain sports such as orienteering, climbing and ski alp. This first edition of these Games represents a great challenge, not only for the athlete’s fight against the chronometer, but, first of all, for its significance in asserting the victory of harmony and dialogue amongst different populations, embodied by these extraordinary “Soldiers of peace”.
Luigi Roth
O.C. President
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Supreme Court To Rule On Whether Forced Unionization Violates Constitution
forced unionization
taft hartley act
Senator Rubio: “It’s in God’s Hands” & Teddy Roosevelt’s “Man in the Arena”
Jim Backlin
Theodore Roosevelt, who grew up a sickly boy, became a Medal of Honor winner after charging up San Juan Hill during the Spanish American War leading his troops to victory. In Paris, France on April 23, 1910, former President Theodore Roosevelt gave one of his most famous speeches delivered at the University of Paris (the Sorbonne,) which included this key paragraph:
It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
Marjorie Dannenfelser
Mel Martinez
Pain-Capable Unborn Child Protection Act
Susan B. Anthony List
Jim Backlin's blog
History Curriculum Backed by CAIR and Muslim Brotherhood
In December, I reported on the move by the federal government to replace traditional curriculum with government information documents. This is part of the trend towards the centralization of education, which has resulted in parents and teachers having less impact on what goes on in the classroom while the federal government’s control is expanded. One of the main concerns regarding the government information documents is the high potential for a politicized curriculum.
Add to that the revisionist history being taught in some classrooms, along with the the promotion of one religion over another.
An example of this can be found in the Texas Education Service Center Curriculum collaborative (TESCCC) and its company, CSCOPE, a major producer of curriculum used in the Texas education system. A report shows that CSCOPE has portrayed participants in the Boston Tea Party as terrorists and is also accused of having developed an anti-Christian, pro-Islam curriculum.
And, though by law the curriculum is supposed to be accessible to parents, according to the Texas CSCOPE Review:
gulen schools
taxpayer dollars
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Sanborn Fire Insurance Maps of Concordia
concordia-memories.org Forum Index -> Concordia Memories
Posted: Sat Oct 16, 2010 5:55 pm Post subject: Sanborn Fire Insurance Maps of Concordia
The Special Collections Section of the University of Missouri Library has an extensive set of Sanborn fire insurance maps, including some of early Concordia. Those that are available can be accessed using the link to the ‘Photos/maps of Concordia’ on the Photos page of this website or using the following link directly to where I stored copies: Sanborn maps on flickr.
You will find maps for 1886, 1892, 1900, 1909, and 1922. They were primarily intended to document the construction and usage of various business and public buildings for underwriting purposes. What makes them interesting is that they identify the types of businesses (sometimes including the name) and their location at the time the map was drawn. The following are examples of what can be found on them.
The 1892 map shows the M. Bergman lumber yard just north of the Wilk School on Main (Schiller) St. about where St. Paul’s Elementary School is now located. The 1886, 1892, and 1900 (Sheet 2) maps have some interesting details about Baepler’s Concordia Roller Mill; whereas, the 1909 and 1922 maps show how it changed as Concordia Mill and Elevator Company. The 1892 and 1900 maps show three different elevators on the north side of the railroad tracks, namely Lohoefener, Klingenberg, and Kueck. By 1909, the original Klingenberg Elevator had been demolished, and J. S. Klingenberg had taken over the Lohoefener Elevator. By 1922, all of the elevators on the north side of the tracks were gone and the new Klingenberg Elevator (built in 1910) was now located between Gordon and Bismark Streets (behind Central Park). Sheet 1 of the 1900 and 1909 maps includes details of the Concordia Canning Company, Concordia Creamery, and Bosselman’s Brick and Tile Works.
The dates between maps are somewhat irregular but they show the progression of hotels, banks, businesses, schools, and churches through the years. Sheet 2 of the 1900 map shows the Iowa Synod Lutheran Church on the corner of 7th (Caroline) and Orange Streets where the current post office now stands. Sheet 3 of the 1909 map shows that the building had been converted to St. Joseph’s Roman Catholic Church. Runge’s electric light plant and the telephone exchange first appear on the 1909 maps.
Like the early plat maps, these maps use old names for the streets of Concordia, namely
Schiller = Main Street
Garfield = 2nd Street
Lincoln = 3rd Street
Conrad = 4th Street
Ambrose = 5th Street
Henry = 6th Street
Caroline = 7th Street
Boggs = 8th Street
Berlin = 9th Street
Hamburg = 10th Street
Check out these maps and see if you can spot some of the businesses and other old buildings that you may remember or at least heard about. You might also try finding the location of some of the places mentioned in the "Out of the Past" series in The Concordian.
Last edited by roger.pape on Wed Nov 03, 2010 8:16 pm; edited 1 time in total
Posted: Wed Nov 03, 2010 7:33 pm Post subject: Comparing Old Photos to Sanborn Maps
The old Sanborn maps contain a considerable amount of detail that help one visualize the buildings shown on the maps. Fortunately, these copies are in color where the different colors represent the type of construction: yellow for frame buildings, red for brick, blue for stone, gray for iron and green for ‘special’. The number of stories and roof construction are also indicated for the various buildings. The dimensions are also quite accurate, including heights of steeples, water towers, etc. The type of business in each commercial building is listed including the names of some. If you have trouble figuring out the various abbreviations and symbols, the Library of Congress has a good summary of these maps at https://www.loc.gov/collections/sanborn-maps/about-this-collection/. Click on the figure for the key for an expanded view of it.
As I noted in the previous posting, you might try comparing some old photos such as appeared in the “Out of the Past” series in The Concordian with these maps. Another reference is Nora Hartwig’s Concordia Heritage: my recollections, particularly Volume II where she describes the old businesses along Main Street. As an example, compare the 1912 Street Fair photo below showing the businesses on the west side of Main Street between Ambrose (5th Street) and Henry (6th Street) with the extract from sheet 2 of the 1909 Sanborn map.
The frame building with the balcony is William Deke’s Central Hotel. Note that the map even shows a ‘Sample Room’ where Nora said the "big city drummers” [traveling salesmen] would display their merchandise. The brick building on the left was Adolph Deke’s “Daylight Store” (dry goods) at that time. The building just to the right of the hotel was listed on this map as a bowling alley, although the earlier 1900 map lists it as a hardware store (owned by the Thiemanns). This was later converted to a restaurant. The next building was Farmers Bank. If you are wondering about the fancy façade at the top of the building, the second floor was an opera house operated by Secco Brockman. Finally, the double building to the right was Bergmann’s Department Store.
These buildings changed hands a number of times. When I was a youngster, the corner building was Frerking & Voight’s Furniture Store and Funeral Parlor. Central Hotel had been torn down by then and was a vacant lot. The next building was Favorite Café. After the bank failed in the crash of '29. that building became Andrew Gieseke’s butcher shop. (I can still remember the old bank vault being used as a meat cooler.) The old American Legion meeting hall was on the second floor of one of these two buildings. Since Nora said that the opera house was converted to apartments, the hall must have been over the restaurant. The last building remained as Bergmann’s Store for many years until it was bought by my uncle and aunt, Bill and Edna Klingenberg.
Street Fair_1912.jpg
Shows businesses on west side of Main St. between 5th and 6th Streets.
1909SanbornMap2.jpg
Extract from sheet 2 of the 1909 Sanborn map.
concordia-memories.org Forum Index -> Concordia Memories All times are GMT - 6 Hours
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Arts & Entertainment Apr 26, 2013
Flower Chords
T his weekend, an excellent place to find New Haven-based music acts is 20 miles out of town at the Meriden Daffodil Festival.
New Haven has long been known for its thriving original music scene, particularly in the pop and rock realms. The city once had its own festivals which took advantage of all that creativity and energy.
In the 1990s, the Chapel Street Festival was created to give tourists a reason to come downtown after spending the day watching volleys at the then-new Pilot Pen Tennis Tournament. An awesome organizational feat which closed off Chapel Street between York and College streets to car traffic every night for over a week each year, the festival featured numerous stage areas and dozens of different acts. The Chapel Street Festival was ultimately supplanted by the International Festival of Arts & Ideas, whose devotion to local acts is strong (with two a day playing the “Noon to Night” weekday concert series on New Haven Green, plus opportunities for some area musicians to get featured indoor concerts on the A&I schedule), but naturally is overshadowed by that “International” aspect of the festival’s title.
A few years ago, the decrease in venues which featured live music on a regular basis spurred a local music lover, Patrick Mansfield, to start the East Rock West Rock New Haven Music Week. That project, held in autumntime, has been sort of an umbrella promotion tool which celebrates musical events already booked in local clubs and augments those shows with special events. Though most of the offerings are local, ERWRNHMW has also featured major acts such as Snoop Dogg.
Ideat Village, a local band festival which has positioned itself as a grass roots alternative to Arts & Ideas and takes place at the same time in June, has been around for over a decade, but with some vocal resistance from residents and landlords from apartment buildings near where the festival has been held. Last year’s Ideat Village festival ended with the arrest of Ideat co-founder Bill Saunders after police were summoned on a noise complaint. Ideat has always persevered, but seems especially vulnerable this year.
Which makes the Meriden Daffodil Festival that much more crucial to the well-being of New Haven bands. In many respects, this event is typical of the many festivals held in springtime in city parks. It has carnival rides and cotton candy, a fireworks display on Saturday night, non-profit groups running refreshment stands and hosting information booths, activities for kids and a shopping area where craftspeople and entrepreneurs sell their wares. But, where most of the larger such festivals (like Durham’s, for instance) will give over most of its entertainment budget to a single well-known national act, the Daffodil Festival books literally dozens of area bands to whom this gig really means something.
This year, New Haven clubgoers will recognize familiar local faces such as:
• James Velvet, the WPLR “Local Bands” radio co-host whose old band The Mocking Birds has a longtime residency at Cafe Nine, with one of his current bands The Ivory Bills (12:45 p.m. Saturday on the festival’s Bandshell Stage).
• New Haven/Hamden guitar institution Dean Falcone, who’ll be playing with The Manchurians (4:30 p.m. Saturday on the Bandshell Stage).
• Elison Jackson, the young band whose album I Do Believe She Flew Out the Drain Pipe is one of the most acclaimed local band recordings of the last few years (Saturday at 1:30 p.m. on the Welcome Stage).
• Goodnight Blue Moon, a fast-rising folk-pop band which has just returned from a cross-country tour (and who play on the Food Tent Stage Saturday at 7 p.m.)
• Hannah Fair, who’s not an Elm City resident yet is remembered as the musical act at the grand opening of Elm City Market (playing 11:15 a.m. Saturday on the Welcome Stage).
All in all, nearly three dozen musical acts can be found at the Daffodil Festival, most of them playing songs they wrote themselves, and all hailing from somewhere in Connecticut.
The foremost New Haven acts at the Daffodil Festival are assuredly The Furors and Mark Mulcahy. The musicians are old friends and will play back-to-back sets on the festival’s Welcome Stage Saturday evening (The Furors at 5:15 p.m., Mulcahy at 6:15). The Furors are the quirky pop duo of Tom Dans and Derk Holcomb, who started a band while still in their teens in the 1970s. Funny and fetching and high-spirited, The Furors have endured for decades with such cocky tunes as “A Thing for Blondes,” “Hey Joni” and “How Pretty You Were When I Cared.” They were afforded the ultimate accolade in 2003 when over three dozen bands performed their songs on the two-disc tribute album Let’s Get Furious.
Mark Mulcahy played in the same New Haven clubs as The Furors back in the 1970s and ’80s, first when he was the drummer in The Saucers (with local music celeb Craig Bell, who’d then just moved to New Haven from Cleveland, where he’d been in the influential innovative alt-rock act Rocket From the Tombs), and then later when Mulcahy became the frontman of his own band Miracle Legion. Miracle Legion’s self-released EP The Backyard became an international success, and the band toured and recorded for over a decade before record company problems brought them down in 1996.
After three seasons of writing music for the acclaimed Nickelodeon TV show The Adventures of Pete & Pete, Mulcahy (now based in western Massachusetts) began a stellar solo career. He collaborated on music theater pieces with cartoonist Ben Katchor. He played festivals in Europe but returned regularly to the Daffodil Festival to commune with old friends from the New Haven scene. When Mulcahy’s wife died suddenly in 2008, he put aside musical concerns to care for their twin daughters. A major tribute album was released to support Mulcahy in 2009, with contributions from Thom Yorke of Radiohead, Michael Stipe of REM and many others whom Mulcahy had influenced or befriended over the years. This year Mark Mulcahy is making a full return to recording and performing, with a new album due out in June, appearances at the Solid Sound Festival at the MASS MoCA art museum that month and at England’s prestigious End of the Road Festival in late August.
Mark Mulcahy and The Furors aren’t the only acts at the Daffodil Festival which date back to the fertile New Haven club scene of the punk/new wave ’80s. The Peacock Flounders are a local-band supergroup of sorts whose members include Ron Sutfin and Kerry Miller of the 1980s rock bands Valley of Kings and Cameraface, Sal Paradise of The Subdudes and Rope, and Mark Mulcahy’s old Miracle Legion bandmate Jeff Wiederschall (whose solo project was Baby Huey).
The Meriden Daffodil Festival is celebrating its 35th anniversary this year and for nearly 20 of those years has hosted one of the largest aggregations of Connecticut-based (and especially New Haven-based) bands anywhere. Its success as a family-friendly festival that encompasses diverse tastes and talents should be an inspiration to anyone (hint, hint) who thinks New Haven ought to have a major local band-based festival of its own again someday.
Meriden Daffodil Festival
Hubbard Park, Meriden (map)
Saturday, April 27, 10am-9pm; Sunday, April 28, 10am-5pm
www.daffodilfest.com
Written by Christopher Arnott. Photographed by Kathleen Cei.
Tags: bands, Christopher Arnott, feature, festivals, Kathleen Cei, live music, Meriden, Meriden Daffodil Festival, Mulcahy, The Furors
Your Hoppy Place
This Week in New Haven (April 29 – May 5)
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Russian Energy Still Reigns as Tsar on the International Market
GovernmentInternationalMarkets
By Stanislav Van Genderen June 10, 2019 June 10, 2019
When one thinks of the Russian Federation, several things come to mind: vodka, long winters, and oil. While the signature drink and climate of Russia will always be mainstays, after 2014 it appeared to many that Russian oil might no longer be a force in the world. However, despite efforts from the European Union (EU) and the United States (US) to subdue Russian energy after the 2014 Crimean Crisis through sanctions, the country’s energy sector continues to possess a strong presence on the international market. This is evidenced by its partnerships with nonwestern allies, notably China, Venezuela and India, as well as its expansion into technological improvements, such as liquified natural gas (LGN), in its oil refining processes.
Crimea is a peninsula which Russia annexed from Ukraine in March of 2014, prompting the “Crimean Crisis,” which took place after the highly contested 2014 Ukrainian Presidential election. In the midst of the chaos taking place in Kiev in its aftermath, armed pro-Russian troops stormed the Crimean parliament building and declared Crimea an independent nation. These troops called for a referendum which declared that the people of Crimea wished to be part of the Russian Federation. The international community responded negatively to the results as illegitimate. Despite the backlash, Russia annexed Crimea, prompting international response through sanctions.
After the sanctions levied against Russian oil and natural gas firms Lukoil, Gazprom, Rosneft and Novatek went into effect, the Russian economy was rocked to its core. Although Putin reformed much of the economy in the early 2000s, Russia was still very much dependent on oil, and sanctions from two of the biggest oil consumers in the world proved a significant detriment. However, Russia has bounced back from these sanctions by fostering economic relationships with non-western allies.
Venezuela emerged as a key international investment opportunity for Russia. Venezuela is a country rich with oil reserves. However, it is currently experiencing an economic crisis and is also at odds with the United States, after a recent presidential election in which incumbent Nicolas Maduro was declared the victor. To stimulate its oil production, Russia has agreed to invest $5 billion in the petroleum industry. State oil company Rosneft has also agreed to lend $1.5 billion in cash to Venezuela, with Venezuela utilizing its stake in the energy company Citgo as collateral.
Russia is also forging closer energy ties with another emerging superpower in the world, The People’s Republic of China. Reuters reported that Rosneft signed an agreement with the state controlled ChemChina to supply up to 2.4 million tons of oil to the chemical company over the course of the one-year deal. Such a short deal signifies it could be a test to determine if the two nations have the potential to establish a strong relationship in the energy sector.
This partnership with China is important to Russia because China, like Russia, is classified as an emerging economy. Even more so China is currently engaged in a trade war with the United States and is actively looking for new trade partners, like Russia, in order to mitigate economic damage. This is significant because it appears that just as the U.S. created rift with Russia through sanctions, the trade war is now doing the same with China. Russia and China are now united due to alienation by the United States and will continue to foster a stronger alliance.
To the south, India has started importing large amounts of Russian LNG. A twenty-year deal between Indian state-owned GAIL and Gazprom for up to 2.5 million tons of LNG a year. This deal is significant since it is the first long term energy deal between the two nations. India has also invested in Russian oil with Indian firm ONGC Videsh developing a petroleum gas plant in Russia’s Tomsk region. The new energy deals are a part of an effort on both countries part to increase trade activity between the two nations, further demonstrated by the recent Indian purchase of a new air defense system from Russia.
Much like China and Russia, India is an emerging economy. Russia can reap huge benefits from investing in India’s energy sector. As nations in North America and Europe continue to be hostile to Russia, one can expect Russia to seek out stronger alliances with its Southeastern neighbors, as demonstrated by its energy deals with China and India.
Beside the multitude of bilateral trade agreements and foreign investment, Russia appears also to be exerting influence on OPEC. Russia is currently spearheading the “+” group of the new OPEC+. This new group is the original OPEC plus non-OPEC members such as Russia, Mexico, Azerbaijan and Kazakhstan.
The creation of the OPEC+ group provided Russia with greater power to influence how oil prices are formed. Recently as reported by CNBC, Russia and OPEC agreed to cut oil production by 1.2 million barrels per day (bpd). The Russian Federation, however, has been slow to implement the cuts, exporting a record 11.4 million bpd in December, while Saudi Arabia cut their output by 450,000 bpd.
Even if Russia does begin to adhere to the production cuts, Moscow only promised to reduce production by a maximum of 60,000 bpd, while the Saudis agreed to cut production by 900,000 bpd. This proves that Russia, a nation not a member of OPEC, is exerting a large amount of influence over the organization. With OPEC taking the brunt of the agreed oil production cuts and Russia stating they would like to keep the relationship temporary. Russia is coming out on top, benefitting from increased oil prices due to OPEC production cuts, while only having to sacrifice a small amount of its own production.
Meanwhile, Russia has also been investing in its own domestic technologies. Recently President Putin announced the creation of Russia’s first liquified natural gas floating storage container. This opens up the potential for Russia to start exporting natural gas through tankers. The development of the storage container is significant because natural gas is typically transported by pipelines. However, the new container allows greater freedom in the transportation of natural gas in its liquid form, allowing Russia to ship the commodity almost anywhere by sea.
This development has captured the attention of Japan’s Saibu Gas, who has expressed interest in a joint partnership with Russian natural gas producer Novatek. This joint partnership would expand the market for Russian natural gas to most of Southeast Asia, furthering expanding the dominance of Russian energy in the area.
Russia will continue to foster relationships with countries at odds with the United States as they have proven successful in their quest to remain a dominant force on the international energy market. Whether or not Russia will continue to exert influence over OPEC remains to be seen. If Russia is able to gain energy dominance at the expense of Saudi Arabia, one can expect conflict between the two nations. Despite efforts from the United States and the European Union to suppress the presence of Russian energy, Russia remains a major player on the international stage and will continue to increase their presence in the future.
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ederic.net
ederic.net in Kapuso | April 5, 2014
GMA News wins a Peabody for its Yolanda coverage
GMA News’ special coverage on the assault and aftermath of super typhoon Yolanda earned for the network – and the country – its fourth George Foster Peabody Award.
GMA news teams were reporting from all over the Visayas region on the 8th of November 2013, when the super typhoon, and the powerful storm surge that followed, took the lives of thousands in just a few minutes. In the aftermath, families were in search of the missing and surrounded by the dead. There was no food or water and no communication with the outside world. News teams were documenting the victims of the disaster even as they faced the same conditions.
“Facing logistical challenges and sharing in the national shock in the face of what may have been the most powerful typhoon in history, GMA news teams provided desperately needed spot news coverage and information, gaining strength and perspective as they worked, and followed up with solid reporting on the aftermath, heroic acts and relief efforts,” cited the Peabody Awards Board.
GMA News won the Peabody for its overall Typhoon Yolanda coverage which was composed of entries from the newscasts 24 Oras, 24 Oras Weekend, Saksi, State of the Nation and the public affairs magazine show Kapuso Mo, Jessica Soho. It is a precious win that the network shares with the Yolanda survivors who continue to struggle to rebuild their communities.
The George Foster Peabody Awards, the broadcast and electronic media equivalent of the Pulitzer Prize, aims to recognize the stories that matter. Winning requires a unanimous vote from the 16 member board. Besides GMA News, this year’s list of winners include the series Breaking Bad, House of Cards, Orange is the New Black, three HBO documentaries, twelve programs by the broadcaster PBS and a personal award for journalist Tom Brokaw.
GMA Network was first recognized by the Peabody Awards in 1999 for the I-Witness documentaries “Kidneys for Sale” and “Kamao” by Jessica Soho and Jay Taruc’s child labor story on “Brigada Siete.” Kara David’s I-Witness episode “Ambulansya de Paa” was awarded in 2010 followed by Reel Time’s “Salat” in 2013.
GMA is the only news and public affairs organization in the country to have received this prestigious award for excellence in broadcast journalism. The 73rd Annual Peabody Awards ceremony will be held on May 19 at the Waldorf-Astoria in New York City.
(Press release from GMA Network)
Peabody Awards
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Home > Programs & Publications > Issue Fact Sheets > Fact Sheet 2010: Vital Workforce Statistics
Fact Sheet 2010
VITAL WORKFORCE STATISTICS
The Changing World of Work
· Between 1900 and 2009, the percentage of white collar workers in the work force grew from less than 18% of the work force to 61.5%.[1]
· While manual workers comprised 41% of the work force in 1950, by 2009 their proportion had shrunk to only 20.9% of the work force.[2]
· The work force is more equally comprised of men and women. In 2009, women accounted for 47.3% of the work force, up from 29% in 1950.[3]
· Women are the majority of professional and related workers (57.5%) and the majority of office and administrative support workers (74.5%). They are also the majority of those who work in service occupations (57.2%).[4]
· The service sector is and will continue to be the dominant employment generator in the economy, adding 4.1 million jobs by 2018. More than half of all new jobs created in the U.S. between 2008 and 2018 are expected to be in the service and professional and related occupations.[5]
· Between 2008 and 2018, employment is expected to increase in the service sector by almost 13.8%, while employment in manufacturing is expected to decrease by 3.5%.[6]
· The number of new jobs varies based on education level; with bachelor’s degrees projected to increase by 13.2%, 1.6% for master’s degrees, 1.6% for doctorate degrees and 1.3% for first professional degrees.[7]
Changes for Workers
· White collar workers accounted for 53.9% of all union members in 2009.[8]
· There are more union members among professionals than any other occupational group.[9]
· In 2009, over 5.2 million professional and related workers were union members; over 5.8 million were represented by unions.[10]
· Union representation among professionals and related workers was about 18.7% in 2009, while union representation was just 12.3% among the total work force.[11]
· Significant numbers of administrative support workers are represented by unions: nearly 2 million, or 10.3% of all such workers.[12]
· Women comprised 44.8% of the labor movement in 2009, up from 19% in 1962.[13]
· Women, and especially women of color, are forming and joining unions at a faster rate than men. Many of the unions organizing in industries dominated by women, such as education and government, have consistently shown much higher win rates than those unions organizing in industries with fewer women members.[14]
· The economic recession is having a large impact on the ability to find sustaining work. The number of non-agricultural workers not working a full work week for economic reasons, which include slack work or unfavorable business conditions, furloughs, inability to find full-time work, or seasonal declines in demand rose between March 2009 and March 2010.[15]
Rapid Growth in Professional and Related Occupations Will Continue
· Employment in professional and related occupations is projected to grow faster and to add more workers (5.2 million) than any other major occupational group, with the service sector a close second (4.1 million). This amounts to a 16.8% increase in employment for professional and technical workers between 2008 and 2018. (Total U.S. employment is projected to increase by less than 10.1% over this period.)[16]
· Almost 60% of the job growth will come from three groups of professional occupations— computer and mathematical occupations, healthcare practitioners and technical occupations, and education, training, and library occupations—which together will add 3.7 million jobs.[17]
· Of the eight subgroups in the professional and related occupations category, three subgroups¾education, training and library occupations; health care practitioners and technicians; and computer and mathematical occupations¾will account for 58% of the job growth in this category.[18]
· Self-employment is projected to grow 5.5% between 2008 and 2018.[19]
· Health care practitioners and technical occupations are projected to add more than 1.6 million jobs between 2008 and 2018. Registered nurses will account for more than one-third of these jobs. Registered nurse is the occupation projected to experience the largest job growth between 2008 and 2018, with roughly 581,500 new jobs projected for this period.[20]
· Education, training and library occupations are projected to increase by 14.4% (versus 10.1% for all occupations), adding nearly 1.3 million jobs.[21]
· Five out of the 10 fastest-growing occupations are health care support occupations, such as physician’s assistants. These occupations are expected to add almost 1 million jobs by 2018.
· In the 2004-14 Bureau of Labor Statistics’ projection period, three of the fastest-growing occupations were computer-related, or information technology (IT), occupations. In the 2006–16 projections there were five computer or IT occupations among the fastest-growing occupations, which together are expected to add nearly 645,000 jobs.[22] In the 2008–18 projections, there were only three computer-related or IT occupations in the thirty fastest-growing occupations. These occupations are expected to add 451,000 new jobs.[23]
· Almost 29.8 million Americans (20.6% of the work force) were employed in professional and related occupations in 2008. By 2018, nearly 36.3 million (21.8% of the work force) are expected to be employed in these occupations.[24]
Growing Disparities in Educational Requirements for New Jobs
New jobs are being created disproportionately at the two ends of the educational spectrum: of all new employment openings projected between 2008 and 2018, it is predicted that in 2018, 35.3% will require only short-term on-the-job training, and 32.4% will require a post-secondary vocational award or higher.[25]
Of the 30 fastest-growing occupations between 2008-18, 21 require a post-secondary award or higher. This proportion is down from the previous 2004-14 and 2006–16 projections, in which 24 and 22 out of the top 30 fastest-growing occupations, respectively, required such credentials.[26]
· Seven of the 10 fastest-growing occupations require postsecondary schooling: these include biomedical engineers; network systems and data communications analysts; financial examiners; medical scientists; physician assistants; biochemists and biophysicists; and athletic trainers.[27]
· The occupations expected to add the first- and tenth-largest number of new jobs by 2018 are registered nurses and postsecondary teachers, respectively, both of which require degrees. Together, these occupations are expected to add 838,000 new jobs.[28]
· The number of jobs for biomedical engineers and biochemists and biophysicists ¾both occupations requiring at least a bachelor’s degree¾are expected to increase by 72% and 37.4% respectively. Computer software engineers (both applications and systems software) are projected to add 175,100 jobs by 2018, growing at a rate more than three times that of jobs overall.[29]
· Employment for physician assistants and physical therapists, both of which require a master’s degree, is expected to increase by 39% and 30.3%, respectively, both approximately three times the rate of all jobs.[30]
Sustained Presence of the Baby-Boom Workforce
Older age cohorts are expected to make up a much larger share of the labor force between 2008 and 2018. In 2008, the baby-boom cohort was 44 to 62 years of age. By 2018, almost all the baby boomers will be in the 55-years-and-older age group.[31] Between 2000 and 2005, the labor force participation rate of people age 55 years and older steadily rose, with the rate for women increasing by 5.3% and men followed closely at 4.1%.[32] This trend is likely to continue as the workforce ages and economic recession keeps people working longer. This trend runs counter to the overall labor force participation rate, which has decreased by over a percentage point between that same 2000 to 2005 period. Several factors could account for this differing trend:
· Population change is the most obvious explanation. The baby-boom generation—those born between 1946 and 1964—has steadily influenced age cohorts over time. The first of the baby boomers reached age 55 in 2001, and differences in the workforce might relate to greater participation by these people.[33]
· Changes to Social Security could influence the labor rate. As part of the 1983 reform legislation, the normal retirement age increases gradually for those born after 1937. Soon, it will be 67 for those born in 1960 or later. Such changes encourage a greater number of older people to keep working.[34]
· More seniors lose access to benefits if they retire early. Currently, only 13% of employers offer retiree health benefits to individuals who retire prior to age 65.[35] While seniors are eligible for Medicare at 65, they may prefer private plans and want to work longer.
Women: More Degrees, More Roles, and Still Unequal Pay
Women have been earning more bachelor’s degrees than men since 1982, and more master’s degrees than men since 1981. In 2008–09, women were expected to earn 58.6% of all bachelor’s degrees, 61.3% of all master’s, and 51.2% of all doctorates and first professional degrees. These trends are expected to continue and the gap between men and women earning professional and doctoral degrees will narrow.[36]
Women are the majority of both service occupation and professional and related workers. Equal pay remains a problem in every occupational category, despite the number of degrees earned by women. In 2009, women working in professional and related occupations earned less than 74% of their male counterparts’ earnings; women in office and administrative support occupations earned 8% less than their male counterparts, despite constituting nearly 73% of these workers. Women in sales and related occupations earned 66% of similarly employed men’s earnings, while women in service occupations earned 80% of men’s earnings in service occupations.[37]
Women put in extra hours in caring for parents and children. According to the Department of Labor, 15.6% of women between 43 and 54 share a residence with a parent, give their parents $1,000 or more annually, or spend over 500 hours to help them with routine and personal care. Over 55% of women from the same age group give their children an annual average of $5,410 in financial support and 268 hours of assistance in personal care, errands, childcare, or household chores. Nine percent of women ages 45 to 56—roughly two million women—provide care for parents and simultaneously support children and are known as the “sandwich generation”.[38]
National Labor Relations Board (NLRB) Decisions Hinder Worker’s Rights
· A September 2006 set of decisions by the NLRB radically redefined the employees entitled to legal protection for organizing and collective bargaining.[39]
· The NLRB redefined the role of a “supervisor” as someone with the authority to “assign” other employees or authority to give “responsible direction” to other employees. Under this new definition, employees who perform a supervisory role for as little as 10% to 15% of their time are considered supervisors.[40]
· Supervisors do not have protection to form or join unions under the National Labor Relations Act (NLRA) and can be fired for union activity. The broadened interpretation of “supervisor” leaves many professionals at risk of having no legal protection for collective action.[41]
· According to former AFL-CIO president John Sweeney, the NLRB’s decisions could, “create a new class of workers…who have neither the genuine prerogatives of management, nor the statuary rights of ordinary employees.”[42]
· According to the Economic Policy Institute (EPI), the NLRB’s decisions could strip eight million more workers of their right to participate in a union and bargain collectively. EPI estimates that 35% of registered nurses, about 843,000 people, as well as 123, 800 (18%) of licensed practical nurses would be defined as supervisors. Other professionals such as 59,500 (46%) of airline pilots and navigators, 24,100 (12%) of media editors and reporters, 397,000 (25.5%) of computer systems analysts and scientists, and 125,800 (24.5%) of engineers would be redefined as supervisors. Even workers not thought of as supervisory, such as teachers and social workers, would see 49,500 (19%) kindergarten teachers, 16,200 (8.5%) elementary school teachers and 36,000 (23%) social workers deemed “supervisors”.[43]
· Unions, DPE, and the AFL-CIO are continuing to fight the Kentucky River ruling and its consequences, including recruiting co-sponsors for the RESPECT Act (HR 1644, S 969) which seeks a return to the intent of Congress in defining who is a “supervisor” under the National Labor Relations Act.[44]
[1] U.S. Department of Commerce, Bureau of the Census, Historical Statistics of the U.S., Colonial Times to 1970, 1975; U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey, 2009. www.bls.gov/cps/cpsaat11.pdf
[3] U.S. Department of Labor, Bureau of Labor Statistics, Perspectives on Working Women, Bulletin 2008; U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey, 2009. www.bls.gov/cps/cpsaat11.pdf
[4] U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey, 2009. www.bls.gov/cps/cpsaat11.pdf
[5] Lacey, T. Alan and Benjamin Wright. “Occupational Employment Projections to 2018”, U.S. Department of Labor, Bureau of Labor Statistics, Monthly Labor Review, November 2009.
[7] U.S. Department of Education, National Center for Education Statistics, Digest of Education Statistics, 2005, Table 246.
[8] U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey, 2009. http://www.bls.gov/cps/cpsaat42.pdf
[11] U.S. Department of Labor, Bureau of Labor Statistics, “Union Members Summary, 2009”, January 22, 2010.
[14] Bronfenbrenner, Kate and Robert Hickey. “Changing to Organize: A National Assessment of Union Organizing Strategies”, in Organize or Die: Labor’s Prospects in Neoliberal America, edited by Ruth Milkmen and Kim Voss, Ithaca, NY, Cornell University Press, 2004; Bronfenbrenner, Kate, “Organizing Women: The Nature and Process of Union Organizing Efforts Among U.S. Women Workers Since Around the Mid-1990s”, Work and Occupations, Volume 32, No. 4, November 2005.
[15] U.S. Department of Labor, Bureau of Labor Statistics, 2010. “Employed persons by class of worker and part-time status”, Table A-8. Available at: http://www.bls.gov/news.release/empsit.t08.htm
[16] Lacey, T. Alan and Benjamin Wright. “Occupational Employment Projections to 2018”, op. cit.
[31] Toossi, Mitra. “Labor Force Projections to 2018: Older Workers Staying More Active”, U.S. Department of Labor, Bureau of Labor Statistics, Monthly Labor Review, November 2009. p. 30.
[32] Mosisa, Abraham and Steven Hippie. “Trends in labor force participation in the United States”, U.S. Department of Labor, Bureau of Labor Statistics, Monthly Labor Review, Volume 129, No. 10, October 2006.
[36] U.S. Department of Education, National Center for Education Statistics, Digest of Education Statistics: 2007.
[37] U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey, 2010. http://www.bls.gov/cps/cpsaat39.pdf
[38] Pierret, Charles R. “The ‘sandwich generation’: women caring for parents and children”, U.S. Department of Labor, Bureau of Labor Statistics Monthly Labor Review, Volume 129, No. 9, September 2006.
[39] Letter to the House of Representatives in support of RESPECT Act 2007, AFL-CIO, Department for Professional Employees, July 13, 2007.
[42] “Crossing the Kentucky River: Next Steps for Professional and Technical Employees”, AFL-CIO, Department for Professional Employees, NewsLine, January 2007.
[43] Eisenbrey, Ross and Lawrence Mishel. “Supervisor in Name Only”, Economic Policy Institute, EPI Issue Brief #225, July 12, 2006.
[44] “Nurses: Vital Signs 2008”, Department for Professional Employees.
For further information on professional workers, check out DPE’s Web site: www.dpeaflcio.org
The Department for Professional Employees, AFL-CIO (DPE) comprises 23 AFL-CIO unions representing over four million people working in professional, technical and administrative support occupations. DPE-affiliated unions represent: teachers, college professors and school administrators; library workers; nurses, doctors and other health care professionals; engineers, scientists and IT workers; journalists and writers, broadcast technicians and communications specialists; performing and visual artists; professional athletes; professional firefighters; psychologists, social workers and many others. DPE was chartered by the AFL-CIO in 1977 in recognition of the rapidly-growing professional and technical occupations.
Source: DPE Research Department
815 16th Street, N.W., 7th Floor
Contact: Alexis Spencer Notabartolo April 2010
(202) 683-0320, extension 119
anotabartolo@dpeaflcio.org
Newsline | About DPE | Affiliates | Public Policy | Programs & Publications
FAQs | Contact Us | Site Map | Archives | Home
Copyright © 2001 Department for Professional Employees, AFL-CIO. All rights reserved.
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Rover Shadow Factory
RSG 9
RGHQ 9-2
Film & Training Location
Drakelow Preservation Trust
SHADOW FACTORY - NUCLEAR BUNKER - COLD WAR MUSEUM
Drakelow Tunnels are a former Top Secret underground military complex beneath Kingsford Country Park north of Kidderminster, Worcestershire. The tunnels were built between 1941-1942 as a Shadow Factory for the Rover car company. Parts for aircraft engines were machined in the 3.5 miles of tunnels throughout WWII. After WWII the tunnels began producing parts for tank engines until 1958 when the tunnels were handed over to the Ministry of Supply, and later Ministry of Works.
In 1961 the British Government converted half of the tunnels into a top secret facility, designated: Regional Seat of Goverment 9 (R.S.G. 9). Drakelow, along with 12 other facilities scattered across the U.K. formed a national network of highly classified Nuclear Bunkers, that the British Goverment would operate the country from, in the event of Nuclear War.
In 1980, Drakelow was re-designated: Regional Government Headquarters 9.2 (R.G.H.Q. 9.2). The tunnels were also upgraded and Blast Doors and Air Locks installed to bring the complex upto full Nuclear Bunker status. Through out the 1980's Drakelow operated under complete secracy until the end of the Cold War in 1990. In 1993, the Ministry of Defence deemed the facility surplus to requirements, and the entire complex was decommissioned and sold.
Since 1993, the Drakelow Tunnels Preservation Trust, have been restoring the entire complex to its original condition to become the largest Cold War Museum in the UK. It also the largest underground space in the UK open to the general public.
Open days and private tours are conducted of the WWII Rover Shadow Factory tunnels, 1960's RSG and 1980's RGHQ Nuclear Bunker through out the year. The complex is also available for filming, training and private functions. Please see the Filming & Training page and Visit Us page for more details.
0.6 Mile In Length - 3.5 Miles Of Tunnels - 284,931 Square Feet - Largest Underground Space In The U.K. Open To The Public!
© Copyright Drakelow Tunnels 2014. All Rights Reserved..
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Themes: Art Action, networks, Refuge, VAWG
I was at art college and I thought I would come out painting Devon landscapes [laughs], was my pre-conceived idea of being an art student, and actually I came out as a performance artist interested in art action so art action, and activism and performance are really how I work as an activist artist. There are, there’s, there’s so many things I, I can’t remember, but what I would like to talk about is the work that I created for the closure of the women’s refuge in Exeter. And, um, I made a call for people to come and quietly protest on Mothering Sunday, and we went to the Cathedral Green – it’s a very public site for art action – and I laid out my banner ‘Devon women united for peace’ and called some other activists up to help me spread the word; it was very much my first Facebook campaign, I suppose, to, uh, make a call. And, um, people bought flowers and we made a beautiful shrine around the banner, and about 300 people turned up which was amazing. Families, mums, dads; we all sat down and had a picnic, the weather was good, and what it turned out to be was a, a safe place for people to talk. Because many people had been told they weren’t allowed to discuss the closure of the refuge in a public, um, forum. And so there had been quite a lot of fear of, around what people could say to each other; many of them had been trusted colleagues working together for many years, the nature of a refuge means that there’s a real safety net within the work that goes on there. So – because this protest was out in the open it allowed them to talk more freely and say what they really meant without fear of the, you know, the walls having ears.
Uh it got a, a lot of coverage, we were on, uh, national BBC1 News and the local news. Uh, by that time the deed had been done and the refuge was just about to be closed. So we were also discussing what the future would be for women in Devon who needed refuge. And the very word ‘refuge’ – to take that away from vulnerable survivors of domestic violence, for me, is cruel. So that’s why I was so passionate about rising the agenda.
My work looking back on it has really made me feel very proud and very inspired to be working with such a fantastic body of women in Exeter, for example, and to continue to make some noise [chuckles] about what we need for the future for ourselves and our daughters. I don’t think my work will ever be done. I’ll continue for as long as I possibly can to, to promote women! [laughs].
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Dialogue21.com Family of Forums > Economics > Socialism
"Why Socialism?" by: Albert Einstein
Socialism There are many varieties of socialism that generally concern an economic system and/or a political philosophy.
Avant-garde Sr. Member
Why Socialism?
By Albert Einstein [Bold, Italic, and colored highlights by Brunardot]
This essay was originally published in the first issue of "Monthly Review" (May 1949).
Is it advisable for one who is not an expert on economic and social issues to express views on the subject of socialism? I believe for a number of reasons that it is.
Let us first consider the question from the point of view of scientific knowledge. It might appear that there are no essential methodological differences between astronomy and economics: scientists in both fields attempt to discover laws of general acceptability for a circumscribed group of phenomena in order to make the interconnection of these phenomena as clearly understandable as possible. But in reality such methodological differences do exist. The discovery of general laws in the field of economics is made difficult by the circumstance that observed economic phenomena are often affected by many factors which are very hard to evaluate separately. In addition, the experience which has accumulated since the beginning of the so-called civilized period of human history has—as is well known—been largely influenced and limited by causes which are by no means exclusively economic in nature. For example, most of the major states of history owed their existence to conquest. The conquering peoples established themselves, legally and economically, as the privileged class of the conquered country. They seized for themselves a monopoly of the land ownership and appointed a priesthood from among their own ranks. The priests, in control of education, made the class division of society into a permanent institution and created a system of values by which the people were thenceforth, to a large extent unconsciously, guided in their social behavior.
But historic tradition is, so to speak, of yesterday; nowhere have we really overcome what Thorstein Veblen called "the predatory phase" of human development. The observable economic facts belong to that phase and even such laws as we can derive from them are not applicable to other phases. Since the real purpose of socialism is precisely to overcome and advance beyond the predatory phase of human development, economic science in its present state can throw little light on the socialist society of the future.
Second, socialism is directed towards a social-ethical end. Science, however, cannot create ends and, even less, instill them in human beings; science, at most, can supply the means by which to attain certain ends. But the ends themselves are conceived by personalities with lofty ethical ideals and—if these ends are not stillborn, but vital and vigorous—are adopted and carried forward by those many human beings who, half unconsciously, determine the slow evolution of society.For these reasons, we should be on our guard not to overestimate science and scientific methods when it is a question of human problems; and we should not assume that experts are the only ones who have a right to express themselves on questions affecting the organization of society.
Innumerable voices have been asserting for some time now that human society is passing through a crisis, that its stability has been gravely shattered. It is characteristic of such a situation that individuals feel indifferent or even hostile toward the group, small or large, to which they belong. In order to illustrate my meaning, let me record here a personal experience. I recently discussed with an intelligent and well-disposed man (concerning) the threat of another war, which in my opinion would seriously endanger the existence of mankind, and I remarked that only a supra-national organization would offer protection from that danger. Thereupon my visitor, very calmly and coolly, said to me: "Why are you so deeply opposed to the disappearance of the human race?"
I am sure that as little as a century ago no one would have so lightly made a statement of this kind. It is the statement of a man who has striven in vain to attain an equilibrium within himself and has more or less lost hope of succeeding. It is the expression of a painful solitude and isolation from which so many people are suffering in these days. What is the cause? Is there a way out?
It is easy to raise such questions, but difficult to answer them with any degree of assurance. I must try, however, as best I can, although I am very conscious of the fact that our feelings and strivings are often contradictory and obscure and that they cannot be expressed in easy and simple formulas.
Man is, at one and the same time, a solitary being and a social being. As a solitary being, he attempts to protect his own existence and that of those who are closest to him, to satisfy his personal desires, and to develop his innate abilities. As a social being, he seeks to gain the recognition and affection of his fellow human beings, to share in their pleasures, to comfort them in their sorrows, and to improve their conditions of life. Only the existence of these varied, frequently conflicting, strivings accounts for the special character of a man, and their specific combination determines the extent to which an individual can achieve an inner equilibrium and can contribute to the well-being of society. It is quite possible that the relative strength of these two drives is, in the main, fixed by inheritance. But the personality that finally emerges is largely formed by the environment in which a man happens to find himself during his development, by the structure of the society in which he grows up, by the tradition of that society, and by its appraisal of particular types of behavior. The abstract concept "society" means to the individual human being the sum total of his direct and indirect relations to his contemporaries and to all the people of earlier generations. The individual is able to think, feel, strive, and work by himself; but he depends so much upon society—in his physical, intellectual, and emotional existence—that it is impossible to think of him, or to understand him, outside the framework of society. It is "society" which provides man with food, clothing, a home, the tools of work, language, the forms of thought, and most of the content of thought; his life is made possible through the labor and the accomplishments of the many millions past and present who are all hidden behind the small word “society.”
It is evident, therefore, that the dependence of the individual upon society is a fact of nature which cannot be abolished—just as in the case of ants and bees. However, while the whole life process of ants and bees is fixed down to the smallest detail by rigid, hereditary instincts, the social pattern and interrelationships of human beings are very variable and susceptible to change. Memory, the capacity to make new combinations, the gift of oral communication have made possible developments among human being which are not dictated by biological necessities. Such developments manifest themselves in traditions, institutions, and organizations; in literature; in scientific and engineering accomplishments; in works of art. This explains how it happens that, in a certain sense, man can influence his life through his own conduct, and that in this process conscious thinking and wanting can play a part.
Man acquires at birth, through heredity, a biological constitution which we must consider fixed and unalterable, including the natural urges which are characteristic of the human species. In addition, during his lifetime, he acquires a cultural constitution which he adopts from society through communication and through many other types of influences. It is this cultural constitution which, with the passage of time, is subject to change and which determines to a very large extent the relationship between the individual and society. Modern anthropology has taught us, through comparative investigation of so-called primitive cultures, that the social behavior of human beings may differ greatly, depending upon prevailing cultural patterns and the types of organization which predominate in society. It is on this that those who are striving to improve the lot of man may ground their hopes: human beings are not condemned, because of their biological constitution, to annihilate each other or to be at the mercy of a cruel, self-inflicted fate.
If we ask ourselves how the structure of society and the cultural attitude of man should be changed in order to make human life as satisfying as possible, we should constantly be conscious of the fact that there are certain conditions which we are unable to modify. As mentioned before, the biological nature of man is, for all practical purposes, not subject to change. Furthermore, technological and demographic developments of the last few centuries have created conditions which are here to stay. In relatively densely settled populations with the goods which are indispensable to their continued existence, an extreme division of labor and a highly-centralized productive apparatus are absolutely necessary. The time—which, looking back, seems so idyllic—is gone forever when individuals or relatively small groups could be completely self-sufficient. It is only a slight exaggeration to say that mankind constitutes even now a planetary community of production and consumption.
I have now reached the point where I may indicate briefly what to me constitutes the essence of the crisis of our time. It concerns the relationship of the individual to society. The individual has become more conscious than ever of his dependence upon society. But he does not experience this dependence as a positive asset, as an organic tie, as a protective force, but rather as a threat to his natural rights, or even to his economic existence. Moreover, his position in society is such that the egotistical drives of his make-up are constantly being accentuated, while his social drives, which are by nature weaker, progressively deteriorate. All human beings, whatever their position in society, are suffering from this process of deterioration. Unknowingly prisoners of their own egotism, they feel insecure, lonely, and deprived of the naive, simple, and unsophisticated enjoyment of life. Man can find meaning in life, short and perilous as it is, only through devoting himself to society.
The economic anarchy of capitalist society as it exists today is, in my opinion, the real source of the evil. We see before us a huge community of producers the members of which are unceasingly striving to deprive each other of the fruits of their collective labor—not by force, but on the whole in faithful compliance with legally established rules. In this respect, it is important to realize that the means of production—that is to say, the entire productive capacity that is needed for producing consumer goods as well as additional capital goods—may legally be, and for the most part are, the private property of individuals.
For the sake of simplicity, in the discussion that follows I shall call “workers” all those who do not share in the ownership of the means of production—although this does not quite correspond to the customary use of the term. The owner of the means of production is in a position to purchase the labor power of the worker. By using the means of production, the worker produces new goods which become the property of the capitalist. The essential point about this process is the relation between what the worker produces and what he is paid, both measured in terms of real value. Insofar as the labor contract is “free,” what the worker receives is determined not by the real value of the goods he produces, but by his minimum needs and by the capitalists' requirements for labor power in relation to the number of workers competing for jobs. It is important to understand that even in theory the payment of the worker is not determined by the value of his product.
Private capital tends to become concentrated in few hands, partly because of competition among the capitalists, and partly because technological development and the increasing division of labor encourage the formation of larger units of production at the expense of smaller ones. The result of these developments is an oligarchy of private capital the enormous power of which cannot be effectively checked even by a democratically organized political society. This is true since the members of legislative bodies are selected by political parties, largely financed or otherwise influenced by private capitalists who, for all practical purposes, separate the electorate from the legislature. The consequence is that the representatives of the people do not in fact sufficiently protect the interests of the underprivileged sections of the population. Moreover, under existing conditions, private capitalists inevitably control, directly or indirectly, the main sources of information (press, radio, education). It is thus extremely difficult, and indeed in most cases quite impossible, for the individual citizen to come to objective conclusions and to make intelligent use of his political rights.
The situation prevailing in an economy based on the private ownership of capital is thus characterized by two main principles: first, means of production (capital) are privately owned and the owners dispose of them as they see fit; second, the labor contract is free. Of course, there is no such thing as a pure capitalist society in this sense. In particular, it should be noted that the workers, through long and bitter political struggles, have succeeded in securing a somewhat improved form of the “free labor contract” for certain categories of workers. But taken as a whole, the present day economy does not differ much from “pure” capitalism.
Production is carried on for profit, not for use. There is no provision that all those able and willing to work will always be in a position to find employment; an “army of unemployed” almost always exists. The worker is constantly in fear of losing his job. Since unemployed and poorly paid workers do not provide a profitable market, the production of consumers' goods is restricted, and great hardship is the consequence. Technological progress frequently results in more unemployment rather than in an easing of the burden of work for all. The profit motive, in conjunction with competition among capitalists, is responsible for an instability in the accumulation and utilization of capital which leads to increasingly severe depressions. Unlimited competition leads to a huge waste of labor, and to that crippling of the social consciousness of individuals which I mentioned before.
This crippling of individuals I consider the worst evil of capitalism. Our whole educational system suffers from this evil. An exaggerated competitive attitude is inculcated into the student, who is trained to worship acquisitive success as a preparation for his future career.
I am convinced there is only one way to eliminate these grave evils, namely through the establishment of a socialist economy, accompanied by an educational system which would be oriented toward social goals. In such an economy, the means of production are owned by society itself and are utilized in a planned fashion. A planned economy, which adjusts production to the needs of the community, would distribute the work to be done among all those able to work and would guarantee a livelihood to every man, woman, and child. The education of the individual, in addition to promoting his own innate abilities, would attempt to develop in him a sense of responsibility for his fellow men in place of the glorification of power and success in our present society.
Nevertheless, it is necessary to remember that a planned economy is not yet socialism. A planned economy as such may be accompanied by the complete enslavement of the individual. The achievement of socialism requires the solution of some extremely difficult socio-political problems: how is it possible, in view of the far-reaching centralization of political and economic power, to prevent bureaucracy from becoming all-powerful and overweening? How can the rights of the individual be protected and therewith a democratic counterweight to the power of bureaucracy be assured?
Clarity about the aims and problems of socialism is of greatest significance in our age of transition. Since, under present circumstances, free and unhindered discussion of these problems has come under a powerful taboo, I consider the foundation of this magazine to be an important public service.
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Alex Acosta, who oversaw the deal as U.S. Attorney for the Southern District of Florida, went on to be appointed Secretary of Labor by President Donald Trump. The hedge fund manager was arrested July 6 at Teterboro Airport in New Jersey aboard his private jet, which had just landed from Paris. "Epstein is a convicted sex offender whose crimes are reprehensible, and his association with these gifts to the university is concerning", the press release states.
Tesla Tweaks Pricing Across All Models
The Model 3's Standard Range Plus trim has dropped by about $500 to $38,990 in the US. Tesla is adjusting prices "in order to continue to improve affordability for customers", the Chinese unit said in a statement. The now "entry level" Long Range versions of those vehicles, meanwhile, come with "industry-leading" battery range and an "all-new adaptive suspension system".
Goldman Sachs Earnings Dwarf Expectations
The stock has run up 26.7% year to date through Monday, while the SPDR Financial Select Sector ETF has rallied 18.2% and the Dow Jones Industrial Average has climbed 17.3%.Market Pulse Stories are Rapid-fire, short news bursts on stocks and markets as they move.
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Home >> Women's Studies Encyclopedia
10th National Women's Congress of China
Source：Chinese Women's Research Network | Release Date：2010-7-29
Title： 10th National Women's Congress of China
For more than 1,000 Chinese women, from all ethnicities and walks of life, 2008 was a particularly remarkable year, as they attended a grand gathering held in Beijing from October 28-31, to celebrate the 10th National Women's Congress of China.
The 1,449 women deputies were composed of 1,280 formal deputies and 169 invited deputies. During the four-day-session of the congress, deputies reviewed the work report submitted by the Ninth Executive Committee of the All-China Women's Federation (ACWF), which highlighted achievements related to Chinese women in the past five years and outlined the goals that Chinese women, from all segments of society, will try to meet during the next five years. The congress deliberated and adopted the amendment to the Constitution of the All-China Women's Federation, and elected ACWF's new leading body.
The Communist Party of China (CPC) and the Chinese Government showed great concern for the congress, which marked Chinese women's development in a new era. President Hu Jintao and other top State leaders Wu Bangguo, Jia Qinglin, Li Changchun, Xi Jinping, Li Keqiang, He Guoqiang and Zhou Yongkang attended the opening ceremony, which was held in the Great Hall of the People on October 28. He Guoqiang, Member of the Standing Committee of the Political Bureau of the CPC Central Committee and Secretary of the CPC Central Commission for Discipline Inspection, and Lu Hao, First Member of the Secretariat of the Central Committee of the Communist Youth League of China, delivered speeches during the opening ceremony to congratulate on hosting the congress.
During their stay in Beijing, the deputies were invited to watch the Peking Opera Turandot at the National Center for the Performing Arts. They also visited some Olympic venues, such as the "Bird's Nest" (National Stadium) and the "Water Cube" (National Aquatics Center).
The 1,000 and more deputies gathered again in the Great Hall of the People on October 31 to attend the closing ceremony of the congress. The congress, which provided deputies with a platform to discuss women's issues and set goals for the next five years, encouraged women to continue their march toward a promising future and devote themselves to the construction of a more prosperous and harmonious society.
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Category: Current News 2,Subfeature |
Civil Rights Leaders: Higher Ed Needs More Engagement After Charlottesville
President Trump may have taken two days to specifically call out the KKK, neo-Nazis and White supremacists for their role in the Charlottesville tragedy, but a diverse group of civil rights leaders that complained of his slow response were still not satisfied.
On Monday, after prefatory remarks on economic data, Trump turned to the weekend’s tragedy that claimed three lives. He called racism “evil” and read a prepared speech that denounced “criminals and thugs, including the KKK, neo-Nazis, white supremacists and other hate groups that are repugnant to everything we hold dear as Americans.”
But the organizer of an ad hoc group of civil rights leaders that had condemned Trump’s unwillingness to speak forcefully on the matter on Saturday was not impressed.
“It is a sad state of affairs when it’s a news story that the President of the United States condemns racism and white supremacy,” said Vanita Gupta, president of the Leadership Conference on Civil and Human Rights in a statement soon after the president’s remarks.
“Two days after the fact, President Trump has at long last, directly and personally, condemned the white supremacist rallies and violent extremism that occurred in Charlottesville,” Gupta continued. “While today’s delayed words are welcome, they should have been spoken on Saturday. This unconscionable delay has undermined his moral credibility as our nation’s leader.”
Gupta said the actions didn’t go far enough.
“Today’s words must be followed by action,” Gupta added. “(Trump) must stop advancing policies that seek to divide this nation. Supporters of white supremacists, violent extremism, racial bigotry, and neo-Nazis should not serve in the White House or at any level of government. The president should fire Stephen Bannon and Sebastian Gorka or any staffers who stoke hate and division.”
Gupta initially organized a media conference on Sunday representing a cross section of civil rights groups ranging from the NAACP Legal Defense and Educational Fund to the National Council of Churches. They issued a joint demand Sunday afternoon that the president come out with a stronger direct message against the white nationalists who took part in the Saturday riot.
The fact that the tragedy took place in a prominent university town was also noted. With new students arriving less than a week away at the University of Virginia’s Charlottesville campus, the civil rights leaders were asked about the lesson for new incoming students and their parents.
“The lessons to draw from (Saturday) far exceed any particular group or demographic,” said Gupta. “We are all as people living in this country deeply affected by what happened and need to take a stand of solidarity as Asian Americans, African Americans, Latinos, Gay, Lesbian, Transgender, the list goes on,” Gupta said. “All communities, white Americans need to be deeply troubled by the events in Charlottesville and indeed by the actions and inactions of this administration to embolden and promote racist policies that have had a detrimental effect on vulnerable communities.”
“There are a new crew of UVA students who are about to join the university,” Gupta continued. “It’s a very racially diverse group and my guess is that they are all very much concerned about how they are about to be engaging. And not just at UVA but at universities all across the country.
“This is really a call to action,” Gupta said. “If we have learned anything, there are communities around the country that need to be taking a stand against the kind of division and polarization and racism that we are seeing and saw in full display in Charlottesville. And that we have been seeing during the course of the election and the last six months of the administration.”
The leaders on the call were all dismayed that Trump had issued a statement that they considered, “weak, insufficient, and unacceptable.” They were especially concerned by the president’s suggestion that there were “many sides” responsible for the violence, when it was clear the violence was instigated by those with nationalistic and white supremacist views.
“We are not looking to be appeased, we are not looking to be made to feel better,” said Sherrilyn Ifill, president of the NAACP Legal Defense and Educational Fund. “We’re asking that we really confront what the threat is to the integrity of this country. And to confront that requires not just that the President take action, but that we really have a reckoning, and that means Congress also must recognize ways that they have been complicit in allowing this environment to proliferate that resulted in (Charlottesville). . . They have to show the nation that being against white supremacy and being against white nationalism, and being against racism and homophobia, should not be the province of a political party. It is supposed to be part of what it means to be an American and what it means to believe in democracy.”
Emil Guillermo is an award-winning journalist and commentator. He writes at http://www.aaldef.org/blog
Semantic Tags: Diversity • Education • Institutions/Organizations • Law • Minorities on Campus • President Donald J. Trump • Public Policy • Students • Vanita Gupta
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Abbas widely slammed on social networking websites
GAZA, (PIC)-- The latest serious remarks made by de facto president Mahmoud Abbas have received widespread condemnation on popular social networking websites from different Arab and Palestinian noted writers and intellectuals.
Editor-in-chief of the London-based Al-Quds Al-Arabi newspaper Abdulbari Atwan described Abbas on his twitter page as "dangerous to the Palestinian constants."
"Abbas is not able to defend the right of others from his people to return to Palestine when he gave up his own right to return to his hometown Safed…This man has become a threat to the Palestinian constants and must go," Atwan said.
Saudi political writer Hasan Al-Ajmi commented on Atwan's twitter remarks by saying, "he has been dangerous for a long time and he is definitely more evil than the occupier. He is the one who confers legitimacy on the existence of the occupier. May God be with you, Palestine."
Specialist in Israeli affairs Saleh Al-Naami twitted: "the Palestinian left, which boycotted the visit of the Qatari emir to Gaza at the pretext he had ties with Israel, continues to sit with Abbas, although he waived the right of return."
"All Fatah leaders are aware of the damage caused by Abbas's outspoken concession on the right of return, but they embark on vulgarly inventing interpretations for it for fear they lose their financial privileges," Naami added.
Director of the London-based Islamic political thought institute Azzam Al-Tamimi said on his page that "Abbas does not have anything in order to give up, and his statements are a kind of hallucination and of no value except that they confirm his deviance and bankruptcy."
Journalist for Palestine newspaper Mohamed Yasin stated on his facebook page that "what many facebook activists said against Abbas following his remarks on the right of return was like a popular trial and a final irrevocable sentence against him releasing him from his posts."
In a related incident, the Islamic student bloc at Birzeit university staged on Saturday afternoon a protest against Abbas's remarks on the right of return and the popular intifada (uprising).
According to the reporter for the Palestinian information (PIC) in Ramallah city, dozens of Birzeit student rallied outside the student council carrying Palestinian flags and banners slamming Abbas's antinational remarks.
Hamas: Fatah spokesmen should apologize rather than defend Abbas’s crime
GAZA, (PIC)-- Hamas movement said that the remarks by PA chief and Fatah leader Mahmoud Abbas virtually renouncing right of return and incriminating resistance constituted a crime against the Palestinian people.
A responsible source in Hamas said in a statement on Sunday responding to Fatah spokesman’s defense of Abbas’s statements that those spokesmen should force Abbas to apologize to the Palestinian people for his grave mistake or else he would be brought to account before the people for renouncing RoR and resistance against occupation.
He said that the attempts to cover up for and distract the attention away from those statements were tantamount to the same crime committed by Abbas.
The source affirmed that Fatah spokesmen were trying to divert the attention away from Abbas by attacking Hamas and leveling charges against the movement, which the spokesmen know quite well are wrong.
Let Fatah and the Palestinian people be rest assured that Hamas would never trek the road of shameful negotiations and concessions, the source concluded.
Meanwhile, Hamas organized massive demonstrations in central Gaza Strip to denounce Abbas and his statements.
A spokesman for the movement described Abbas’s statements as “ill-fated”, stressing that RoR is a sacred right that could never be forsaken.
He asked the Palestinian factions topped by Fatah to voice clear positions toward this “farce”.
The demonstrators slammed Abbas for his “irresponsible” statements and called on him to resign his position.
Zahalka calls for a mass protest in rejection to the Abbas's remarks
NAZARETH, (PIC)-- A Palestinian leader from 194 ccupied territories, called on Fatah movement to rebuke PA President Mahmoud Abbas due to the remarks he had recently made.
The Arab MK Jamal Zahalka said that Abbas's remarks contradicted the Palestinian National program which affirms the right of return of refugees to their homes, the right to self-determination and to establish an independent Palestinian state with Jerusalem as its capital.
He stressed that Palestinians from the 1948- occupied territories oppose Abbas' remarks to Israeli Channel 2 TV and his ceding of the national principles which form the basis of the Palestinian cause.
The head of the "National Democratic Assembly" called on all Palestinians to a mass protest in rejection of Abbas's political stances, stressing that his remarks have not had any significant impact on the Israeli street.
Zahalka told "Quds Press" Agency that the primary purpose behind Abbas's remarks is to protect himself and ensure the continuation of his presidency in light of the Israeli threats demanding his removal because he is no longer able to proceed in the peace process.
He added that "The concessions made by Abbas weaken the Palestinian position and involve an attempt to beg Israel", stressing that negotiations with Israelis are useless as they have failed throughout the past and that Abbas's remarks only encourage Israeli aggression and violations.
The Palestinian leader considered that it is necessary for the Palestinian side to change its strategies. Instead of offering concessions and begging the occupation authorities, it should exercise pressure on Israel through escalating the Popular Resistance and international pressure, as he said.
Hamas urges Palestinian factions to delegitimize Abbas
GAZA, (PIC)-- The Hamas Movement on Saturday called on all Palestinian factions to stop providing de facto president Mahmoud Abbas with political cover following his recent serious remarks about the right of return and the popular intifada (uprising).
"The one who waives the right of return must give up his right to represent and lead the Palestinian people, and if he does not, the Palestinian people will no longer be bound to recognize him as their representative unless he backtracks on his remarks and apologizes to the people and the resistance," Hamas emphasized in a press release.
Hamas highlighted that Abbas departed from the national consensus and his remarks only reflect himself because the Palestinian rights belong to the whole Palestinian people from all spectra and cannot be decided by one person or a bunch of individuals.
It added that Abbas challenged the feelings of the Palestinian people, the Arab and Muslim nations, and those supporting the Palestinian rights, thus the Palestinian factions, especially Fatah, should isolate him and revoke the political cover he was given.
In this regard, thousands of Palestinians participated in rallies in different Gaza areas to denounce Abbas's stated concessions on the Palestinian rights.
The protestors carried banners and chanted slogans condemning Abbas and describing his remarks as the Balfour declaration of the 21st century.
In an interview with an Israeli television station last Friday, Abbas declared that he had no right to live in Safed, his hometown, from which his family and thousands of other Palestinians were uprooted and expelled in 1948 at the hands of European Jews.
"I visited Safed once before, and I want to see Safed; it is my right to see it but not to live there," Abbas told the Israeli channel 2.
Abbas blatantly claimed that Palestine include only the West Bank, Gaza Strip and east Jerusalem.
"Palestine for me is the 1967 borders, with east Jerusalem as its capital. This is now and forever. This is Palestine for me. I am a refugee, but I am living in Ramallah. I believe the West Bank and Gaza Strip are Palestine and the other parts are Israel."
Furthermore, Abbas said he would not allow a new intifada against Israel as long as he was the head of the Palestinian authority in Ramallah city.
Abbas called "traitor" in Amman conference on Palestinian refugees
AMMAN, (PIC)-- De facto president Mahmoud Abbas was strongly denounced and described as a traitor by the speakers during the conference on "the Palestinian refugees and the Arab spring" that was held on Saturday in the Jordanian capital Amman.
Among the speakers was Ahmed Nofal, a professor of political science at the Jordanian university of Yarmouk, who called on Fatah faction to hold Abbas accountable for his betrayal of the Palestinian cause in general and the issue of Palestinian refugees in particular.
Nofal challenged Abbas to visit any Palestinian refugee camp anywhere inside or outside Palestine after he stated his position clearly against the right of Palestinian refugees to return to their homes and lands.
He noted that Jordan is directly affected by Abbas's position in this regard because he implied his acceptance of resettling the refugees in their whereabouts.
For his part, dean of the Jordanian agronomists Mahmoud Abu Ghanima expressed his shock and dismay at Abbas's remarks.
"We are greatly surprised by a president who gives up his country to those occupying it and then asks for permission to visit it as a tourist as if the homeland to him is only for excursions," Abu Ghanima said in a press release.
"Why was the anniversary of the fateful Balfour declaration chosen in order to waive the right of return through an Israeli TV? Was it political stupidity or a new test balloon? Definitely, such remarks will not be considered innocent or justified under any circumstances," he added.
Rizka calls for delegitimizing Abbas
GAZA, (PIC)-- Dr. Yousef Rizka, the political advisor to premier Ismail Haneyya, has denounced recent remarks by Mahmoud Abbas, the PA chief, in an interview with the Israeli television.
He said in an article published in daily Palestine newspaper on Sunday that Abbas should have declared insistence on the lands of his fathers and forefathers instead of renouncing them.
Rizka affirmed that the Palestinian people are adamant on returning to their homeland, and asked Abbas to define his hometown Safad “Is it Palestinian or Hebrew?”
Rizka urged the Palestinian people and factions to delegitimize Abbas as in the youth campaign that raised the slogan: “Abbas does not represent me”.
The advisor said that concessions have nothing to do with diplomacy or politics as Abbas’s supporters are trying to circulate. Capitulation and cowering do not return rights, he added.
Abbas told the Israeli TV that he considers Palestine to be the West Bank and Gaza Strip and the rest of historical Palestine is Israel. He thus gave up more than three quarters of historical Palestine and renounced the refugees’ right of return.
Israel's Peres welcomes 'courageous' words from Abbas
JERUSALEM (Reuters) -- Israeli President Shimon Peres hailed President Mahmoud Abbas as a courageous partner for peace on Saturday after the Palestinian leader made clear his support for a two-state solution to the decades old conflict with Israel.
"(Abbas's) courageous words prove that Israel has a real partner for peace," Peres said in a statement. "These are significant words ... We must all treat them with the utmost respect."
Peres, a Nobel peace prize laureate, holds a post that is largely ceremonial and he has little influence on the policies of Israeli Prime Minister Benjamin Netanyahu's right-wing government.
Abbas' comments during a recent interview with Israeli TV caused controversy after some Palestinian political factions accused the president of giving up the right of return for Palestinian refugees.
Abbas was asked by Israel's Channel 2 whether he wanted to live in Safed, his boyhood town in the Galilee region of what had been British-ruled Palestine and is now northern Israel.
"I visited Safed before once. But I want to see Safed. It's my right to see it, but not to live there," Abbas answered, in the interview broadcast on Friday.
"Palestine now for me is '67 borders, with East Jerusalem as its capital. This is now and forever ... This is Palestine for me. I am (a ) refugee, but I am living in Ramallah. I believe that (the) West Bank and Gaza is Palestine and the other parts (are) Israel."
PFLP leader Rabah Mhanna responded to the comments by saying that "Abbas doesn't have the right to surrender on these principles ... Abbas with his remarks lives in a dreamland and tries to beg for the American and Israeli position to hope to gain something."
Hamas denounced Abbas, saying he spoke only for himself.
"No Palestinian would accept ceding the right of our people to return to homes, villages and towns from which they were displaced," said Hamas spokesman Sami Abu Zuhri.
"If Abu Mazen (Abbas) does not want Safed, Safed would be honored not to host people like him."
Nimir Hammad, political adviser to the president, responded to the criticisms by saying that Abbas was referring to his project to establish a Palestinian state on the 1967 borders, which Hamas has also indicated that it supports.
The right of return is sanctioned by international law, and the status of refugees after Palestinian independence will be decided in peace talks with Israel, he said.
The last peace talks collapsed in 2010 after Israeli Prime Minister Benjamin Netanyahu refused to extend a 10-month partial settlement construction freeze.
Facing possible punitive Israeli and US sanctions, Abbas has promised an immediate return to peace talks after the UN vote, which the Palestinians are likely to win.
Are there no limits to Abbas's shamelessness?
By Khalid Amayreh in the West Bank
Palestinian Authority (PA) leader Mahmoud Abbas never fails to surprise us all, his friends and foes alike.
In an interview with the Israeli television last week, Abbas declared that he had no right to live in Safad, his home-town, from which his family and thousands of other Palestinians were uprooted and expelled in 1948 at the hands of Zionist invaders from Eastern Europe who then occupied more than 75% of historical Palestine, with the active support of Britain and other western powers.
"I visited Safad before once, But I want to see Safad, it is my right to see it, but not to live there," Abbas told the Israeli channel 2, speaking in English from Ramallah in the West Bank.
Abbas said that as far as he was concerned, Palestine included only the West Bank, Gaza Strip and East Jerusalem.
Furthermore, Abbas said he wouldn't allow a new intifada or uprising against Israel as long as he remained at the helm of the regime in Ramallah.
Referring to Palestinian resistance against the Israeli military occupation as "terror," Abbas said Palestinians would never start a new intifada under his leadership.
"We don't want to use terror; we don't want to use force. We don't want to use weapons. We want to use diplomacy. We want to use politics and negotiations and peaceful resistance."
Thoroughly demoralized
In his tone of speech, Abbas seemed thoroughly demoralized, having seen the so-called peace process with an irredeemably covetous Israel that is constantly seeking more and more lebensraum at the expense of the Palestinians, torn into smithereens.
In fact, Abbas, a co-engineer of the infamous curse, known as the Oslo agreement, has never stopped trying to sell Palestinians pipe dreams.
We all remember his numerous games of make believe- from his notorious agreement with Yossi Belin to his many theatrical declarations and empty entitlements- (the September entitlement, the road map, the Annapolis conference, etc. etc.).
Now at 76, Abbas realizes that all his hopes, let alone, wishes have evaporated due to Israeli intransigence and arrogance of power.
However, instead of putting up a dignified stance in the face of Israeli insolence, the PA leader is readily groveling at Israel's feet, thinking that Israelis would relent, show magnanimity and give the PLO a viable state on less than 25% of mandatory Palestine.
Interestingly, Abbas's shocking remarks coincided with the annual anniversary of the infamous Balfour Declaration which gave Palestine to Zionism on a silver platter.
Needless to say, the inauspicious coincidence shows that the present PLO leader lacks even the elementary historical consciousness which every Palestinian leader must possess in order to keep the long march toward the ultimate liberation of Palestine going.
We don't want to heap epithets of treason and perfidy on Abbas. After all, the man is not Salahuddin. He is not even Yasser Arafat, who would never give up the sacred right of return, despite the immense pressure the late Palestinian leader reeled under from friend and foe alike, which eventually cost him his life.
None the less, Abu Mazen has gone too far by every conceivable standard of national and Islamic morality, which raises serious question marks about his ability and fitness to remain at the helm of the PA.
A few weeks ago, he told a visiting rabbi in Ramallah that Israel was established in order to stay for ever; The repulsive remark was made in Arabic, which showed that Abbas had little or no respect for the tens of thousands of Palestinian and Arab martyrs and victims who lost their lives in the course of the struggle against Zionist occupiers and oppressors.
And now, he is saying the refugees have no right to repatriation to their homes and villages from which they were expelled at gun point by Zionist terrorists. This is tantamount to a national apostasy. Abbas has no right to say what he said. Palestine is not his family's private commonwealth to cede to Zionism. In fact, the only way he could atone for this blasphemy would be his instant resignation from the chairmanship of the PLO and presidency of the PA. But does he have the moral courage and rectitude to submit his resignation?
Abbas is said to have a Ph.D. in political science. If true, he should be aware of the fact that the right of return is a well-established right in international law as encapsulated in UN Resolution 194.
Indeed, if the Palestinian refugees have no right to repatriation and indemnification in accordance with UN resolution 149, then by the same token, Palestinians should have no right to demand Israeli evacuation from the territories seized by Israel in 1967, pursuant to UN Security Council 242, let alone have a viable state in the West Bank and the Gaza Strip.
There is no doubt that Abu Mazen's remarks reflect a great deal of despair, frustration and even depression, in light of Israeli arrogance, America's complicity, and Europe's ineptitude as well as Arab-Muslim weakness.
However, Abbas, his hangers-on and Palestinians in general must internalize the fact that this is a historical conflict that will only end with the demise and ultimate disappearance of this evil entity, known as Israel.
We don't deny that Israel and its allies are currently militarily powerful. We would be blind and utterly foolish if we didn't recognize this outstanding fact.
But political and military realities are not immutable constants; they are rather changeable variables.
The late Sheikh Ahmed Yasin, who was murdered by the Nazis of our time nearly ten years ago, understood this important historical formula. He said "the strong doesn't remain strong for ever, and the weak doesn't remain weak for ever."
Another point. It is really shameful that the bulk of the Fatah leadership has remained silent, refusing to publicly condemn their leader's ignominious words, which really border on national treason.
In fact, some Fatah leaders, including Nimr Hammad and Nabil Abu Rudeina, have sought to distract attention from the latest scandal. One PA operative suggested that Abbas didn't know what he was saying.
Well. If Abbas didn't know what he was saying, then he should retire quietly and stop wreaking more damage to the national cause.
Moreover, the shocking reticence of the Fatah leadership is further evidence that Fatah in its present structure is utterly unfit to lead the Palestinian people to the shore of safety.
And now a few words to the arrogant Zionists, intoxicated by military might and domination over the American government.. You are advised not to give much credence to Abbas' frustrated words. His remarks don't reflect the views of the vast majority of Palestinians.
This is quite perspicuous from the stringent reactions coming from many quarters within the Palestinian community, including from within the PLO itself.
At the very best, his remarks should be construed as another expression of frustration and despair on the part of a demoralized leader who apparently has a hard time making a distinction between pragmatism and capitulation.
ADU: Abbas’s statements shocking
CAIRO, (PIC)-- The Quds committee in the Arab Doctors Union criticized the recent statement of Mahmoud Abbas, the PA chief, in which he renounced the right of return for millions of Palestinian refugees.
Director of the committee Jamal Abdul Salam said in a statement on Saturday that the Palestinian people’s sacrifices for the sake of attaining their rights and right of return to their usurped homeland could not be forsaken by irresponsible statements by a president whose term in office had expired.
Abbas relinquished the right of six million refugees to return to their land while in fact this right none is entitled to forsake alone, Abdul Salam said, adding that it was the single right of each and every refugee that was guaranteed by the international law.
The director described Abbas’s statement as shocking.
Abbas had told an Israeli TV channel that Palestine was only the West Bank and Gaza and the rest was Israel.
Resheq slams Abbas for his antinational TV remarks
DOHA, (PIC)-- Member of Hamas's political bureau Ezzat Al-Resheq strongly denounced de facto president Mahmoud Abbas for the remarks he made on Friday in an Israeli TV interview in which he renounced the Palestinians' right of return and many other national constants.
Resheq told Quds Press that Abbas's remarks were reprehensible and did not represent the Palestinian people in any way.
"No one has the right to compromise the Palestinian rights and cede any of them," the Hamas official stressed.
"Nobody, whoever he is, has the right to waive the right of return; the Palestinian refugees' right to return to their homes, cities and villages they have been expelled from is a sacred inalienable right," he added.
"Our people will never cede a single soil grain of the Palestinian land from the river to the sea, and Abbas's remarks were not only traumatic for the Palestinians but also for the Arab peoples who have always expressed their solidarity with Palestine and the Palestinian cause," the official emphasized.
In an interview given to an Israeli television station, Mahmoud Abbas relinquished the Palestinian refugees' right to return to their lands and homes, especially his return to his birth town Safad, now a district in northern Israel.
"It is my right to see it [Safad], but not to live there," Abbas said. "I believe that the West Bank and Gaza is Palestine, and the other parts are Israel," he added.
He also reiterated his vow to prevent and quell a third Palestinian popular uprising against what he described as the state of Israel.
Many Palestinian noted figures including head of the Palestinian return center in the UK Majed Al-Zeer condemned Abbas's remarks as a disgrace in the Palestinian history.
Zeer said such remarks vindicated further that Abbas is no longer eligible to represent the Palestinian people's will and defend their rights.
He also called on all Palestinian factions to delegitimize Abbas and revoke the political authority given to him.
"Aka, Jaffa and Haifa are all Palestinian cities which the Palestinians did not renounce and should get them back; these are uncompromisable rights," head of the center added.
For his part, senior official of the popular front for the liberation of Palestine Maher Al-Taher said the right of return is the essence of the Palestinian cause and any tendency to waive a grain of the Palestinian soil does not reflect the Palestinian people's aspirations.
"The Palestinian people will not give up their land and soil including Haifa, Aka, Nazareth and Lod and will continue struggling and resisting to liberate their land, so any statements claiming that Palestine is the West Bank, Gaza and east of Jerusalem does not reflect the Palestinian people's will," Taher told Quds Press.
"Palestine, as stated in the charter of the Palestine liberation organization, is from the sea to the river," he added.
MP Halaiqa: Abbas lost legitimacy
AL-KHALIL, (PIC)-- Samira Halaiqa, MP for Hamas movement, condemned remarks made by PA President Mahmoud Abbas to an Israeli TV channel.
Halaiqa confirmed that Abbas' remarks regarding the right of return and giving up the 1948- occupied territories "represent explicit reflection of the negotiations-based approach that he has been adopting."
She told Quds Press agency on Saturday that Mahmoud Abbas "conflicted with the Palestinian national consensus as his statements show an apparent surrender of the right to return, although the charters of all the factions have been affirming the right of return and armed resistance until the liberation of all the Palestinian territories."
Halaiqa demanded the Palestinian factions and political leaders to decide whether the Palestinian Authority Chairman Mahmoud Abbas is fit to lead this people, and stressed that "these remarks cost Abbas to lose his eligibility to lead the Palestinian people."
The Palestinian MP said that Abbas and other Palestinian leaders do not have the right to surrender on these principles "to which martyrs and wounded paid their blood as a price".
Abbas was asked by Israel's Channel 2 TV whether he wanted to live in Safad, his boyhood town in the Galilee region.
"I visited Safad before once. But I want to see Safad. It's my right to see it, but not to live there," Abbas answered.
"Palestine now for me is '67 borders, with East Jerusalem as its capital. This is now and forever ... This is Palestine for me. I am (a ) refugee, but I am living in Ramallah. I believe that (the) West Bank and Gaza is Palestine and the other parts (are) Israel", said PA chairman.
Alliance of Palestinian Forces in Lebanon denounces Abbas' serious remarks
BEIRUT, (PIC)-- The Alliance of Palestinian Forces in Lebanon denounced remarks by PA chairman Mahmoud Abbas regarding the right of return, and his rejection of a third Intifada.
It said in a press statement: "The remarks made by Abbas only reflect his position, and do not represent the Palestinian people and the national and Islamic factions."
The Alliance affirmed its adherence to the right of return of Palestinian refugees "to their hometown; Palestine" noting that neither Abbas nor any other party or organization have the right to surrender this right.
The Alliance also confirmed its adherence to armed resistance as a strategic option for the Palestinian people and as a natural right to confront the Israeli occupation and liberate all the Palestinian territories.
The Alliance warned of what it called, "continuation of making concessions to the Zionist enemy," noting that the negotiations and compromises have failed throughout 21 years. Palestinians can only regain their rights through resistance, it added.
Demonstration at British embassy in Cairo to condemn Balfour Declaration
CAIRO, (PIC)-- Scores of supporters of the Arab Nasserite Party organized on Friday a march from the party headquarters in Talaat Harb Street towards the British embassy to condemn the Balfour Declaration.
Members of the party expressed their rejection of the Balfour Declaration and the Israeli occupation violations against the Palestinian people and the Islamic holy sites in Palestine.
The demonstrators torched the Israeli flag and raised banners condemning the continued settlement policy adopted by the occupation in Jerusalem and other Palestinian territories.
They also urged all Egyptians to struggle until achieving the liberation of Jerusalem and the occupied Palestinian territories.
Abbas tells Israeli TV: No intifada on my watch
JERUSALEM (Reuters) -- President Mahmoud Abbas assured Israelis that he will not allow a new uprising against the occupation, in an interview with Israel's Channel 2 TV on Thursday.
Some Israeli government officials have voiced skepticism about Abbas's ability to deliver a peace accord, after he lost control of Gaza to Hamas in a brief civil war in 2007.
Abbas sought to play up his security control over Palestinian-run areas of the West Bank, saying that as long as he was in power "there will no armed, third armed Intifada (revolt against Israel). Never."
(First video, most in English, second video in English)
"We don't want to use terror. We don't want to use force. We don't want to use weapons. We want to use diplomacy. We want to use politics. We want to use negotiations. We want to use peaceful resistance. That's it."
Abbas was also regarded as making a symbolic concession to Israel, saying he had no permanent claim on the town from which he was driven as a child during the 1948 war to found Israel.
Speaking to the top-rated Israeli television newscast, Abbas was asked whether he wanted to live in Safed, his boyhood town in the Galilee region of what had been British-ruled Palestine and is now northern Israel.
"I visited Safed before once. But I want to see Safed. It's my right to see it, but not to live there," Abbas told Channel 2, speaking in English from the West Bank city of Ramallah.
"Palestine now for me is '67 borders, with East Jerusalem as its capital. This is now and forever ... This is Palestine for me. I am (a Palestinian refugees demand that as many as five million of their compatriots be granted the right to return to lands in Israel that they fled or were driven from in 1948.
Israel rules this out, and argues the refugees should resettle in a future Palestinian state in the West Bank and Gaza Strip, territories it occupied in the 1967 war.
Ceding the right of return?
In Gaza, Hamas denounced Abbas, saying he spoke only for himself.
Palestinian memoranda leaked to the media last year showed that Abbas had, during talks with the previous, centrist Israeli government, been willing to concede on some core demands -- including by accepting a cap on refugees admitted to Israel.
The televised remarks also appeared aimed at influencing Israelis ahead of their Jan. 22 legislative election.
Polls currently predict an easy win for Prime Minister Benjamin Netanyahu, a rightist who says he wants to restart talks with Abbas but who has championed Jewish settlement of East Jerusalem and the West Bank. Abbas says he cannot negotiate while continuous settlement building eats up land needed for an independent Palestinian state.
Netanyahu's office had no immediate comment on the interview, which was aired as the prime minister returned from a visit to France.
Paul Hirschson, a spokesman for Israel's Foreign Ministry, said the onus remained on Abbas to return to negotiations:
"If he (Abbas) wants to see Safed, or anywhere else in Israel, for that matter, we would happily show him anywhere. But there has to be a desire to move forward on the peace process."
As Abbas is not an Israeli citizen, Hirschson added, "he doesn't have a right to live in Israel. We agree on that.") refugee, but I am living in Ramallah. I believe that (the) West Bank and Gaza is Palestine and the other parts (are) Israel."
Hamas holds Britain responsible for the suffering of Palestinian refugees
BEIRUT, (PIC)-- The refugees department in Hamas movement held Britain politically and morally responsible for the suffering of the Palestinian people.
The department in a statement on Thursday on the occasion on the 95th anniversary of the Balfour Declaration, said that Britain, with this notorious pledge to secure a homeland for Jews in Palestine, bears responsibility for all calamities, massacres, and forced displacement of the Palestinian people.
It called for rightful compensation for the Palestinians for their lost property, for their forced eviction, and for the massacres committed against them, and called their return to their homeland.
The department said that the Balfour Declaration was the direct cause of the creation of Israel. Hence, whatever was built on this unacceptable Declaration is null and void, it added.
The department said that the Palestinian people are fully entitled to regain their usurped rights using all means including resistance since the usurpation of their land and rights was made using military force.
More to come soon
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U.S. dollar up in Taipei trading
Philippine team at Taiwan basketball tournament la...
Home > Society
Taiwan passport still ranked 29th 'most powerful' in the world
Taipei, Jan. 9 (CNA) Taiwan's passport remains the 29th most powerful in the world, according to the latest edition of an index that ranks passports according to the number of countries around the globe that provide holders with visa-free access.
The 2019 Henley Passport Index published on Wednesday was based on data from the International Air Transport Association, and "supplemented, enhanced, and updated using extensive in-house research and open-source online data," its website says.
The index showed that the Republic of China (Taiwan) passport maintained the same ranking this year as in 2018 although its holders now have visa-free or visa-on-arrival access to 149 instead of 148 destinations.
The Taiwan passport ranking at 29th was higher than that of its neighbors China and the Philippines at 69th and 74th, respectively, the index showed.
The index's ranking is somewhat misleading, however, since there were actually 57 countries with passports that ranked above Taiwan's this year.
That is because the index allots one ranking position for each number of countries granting a passport visa-free or visa-on-arrival access, regardless of ties.
The index covers 199 different passports and 227 travel destinations, which are updated in real-time throughout the year, as and when visa-policy changes comes into effect, according to the Henley Passport Index website.
This year, Japan's passport topped the list again with visa-free or visa-on-arrival access to 190 countries, while Singapore and South Korea were second with 189, the index showed. France and Germany shared third place with access to 188 countries, while Denmark, Finland, Italy and Sweden were fourth with access to 187 countries, the index showed.
Among other Asian countries, Malaysia ranked 12th, Hong Kong 19th and Thailand 68th.
At the bottom of the rankings was Afghanistan whose passport offers visa-free or visa-on-arrival access to only 30 countries.
(By William Yen)
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Like Father, Like Son
Film - Feature | March 27 | 3:10 p.m. | Berkeley Art Museum and Pacific Film Archive
One of Kore-edas greatest abilities is using the simplest of narratives to conjure up the most complex and sublime of human emotions, and this tale hinging on a classic babies-switched-at-birth plot serves as a particularly moving example. A hospital mix-up years ago has left two sons to be raised in opposite homes; on one side is the orderly, almost antiseptic space of an affluent architect and his wife, and on the other, the unpretentious chaos of an unassuming shopkeepers household. Inspired by Kore-eda becoming a father, this heart-rending look at the nature-vs.-nurture dynamic examines what it means to be a parent, and to truly love. At what point does a father truly become a father? Kore-eda wrote. All of my quandaries and questions and, indeed, regretsthis is the first time I have poured these emotions so candidly into the protagonist of a film.
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Excessive Sweating of the Back, Chest, and Abdomen
Excessive sweating of the back, abdomen, chest or other parts of the body rank among the less widespread forms of hyperhidrosis. Even so, they can be very annoying and make social lives of their victims very difficult. Problems arise especially in winter, when doing sports, or in tense situations. In winter, moving from the cold outside into warm places, when people suffering from excessive sweating literally feel hot flashes, brings about excessive sweating almost immediately. Your clothing is literally soaked in sweat when exercising, and socially tense situations when constant sweating won't allow you to stay focused are nothing special. Until recently, there was no way of removing or at least reducing sweating from these parts of the body. You had to change clothes several times a day and spend a great deal it in the shower.
Fortunately, iontophoresis can now eliminate excessive sweating in many areas, including the back, chest, or abdomen. Unlike the treatment of excessive sweating of the hands or feet, these parts are treated in a slightly different way. If you want to learn more about how to eliminate excessive sweating of the back, chest, abdomen, or other parts of the body, continue reading below.
How Iontophoresis Removes Excessive Sweating of the Back, Chest, and Abdomen
As already mentioned, application of iontophoresis to the back, chest, or abdomen is performed in a different manner than in the case of the hands or feet. This is because for a successful medical procedure we need to employ the effects of both iontophoresis and water molecules on the affected area. But how to do it when we can't split the back, chest, or abdomen in two parts and put each of them separately in the water container, such as in the therapy of the hands or feet? For these purposes, we provide a special adapter that is attached to the part you wish to treat. This way, even these places can be removed of excessive sweating. In order to better understand the process of the treatment and the iontophoresis technology itself, we recommended reading the article What Is Iontophoresis. Given that the skin in these places is very sensitive, it is necessary to follow the time and intensity of the treatment, as indicated in Instructions for Use. It is sufficient to perform the treatment only for 7 minutes. After completion of the procedure and turning off the device, switch the polarity and repeat the procedure in the same manner and for the same time. A total of 14 minutes should be enough to make you happy once again.
At first, Electro Antiperspirant should be applied 10 times within one month, as described in the Instructions for Use. During this "startup" period, sweating will stop completely. After sweating recedes, simply stop the treatment and resume it only when you feel sweating slowly returns. In that case, repeat the procedure only once, maximally twice. After that, you will be at peace again for a long time. Normally, the time after which iontophoresis must be applied again ranges from 14 to 40 days (this period is called the "maintenance phase"). This means that after you got rid of excessive sweating of the back, chest, or abdomen for the first time, all you have to do is apply the device for about 14 minutes once in 14 – 40 days.
Confirmation of the effectiveness
Click to enlarge image.
Excessive Sweating of Hands
How Iontophoresis Removes Excessive Sweating of Hands
Excessive Sweating of Feet
How Iontophoresis Removes Excessive Sweating of Feet
Excessive Sweating of Armpits
How Iontophoresis Removes Excessive Sweating of Armpits
Excessive Sweating of the Head
How Iontophoresis Removes Excessive Sweating of the Head
Cold Feet and Hands
How Iontophoresis Removes Cold Hands and Feet
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↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓ ↓
What will you get?
A safe and effective medical device.
Top European quality.
Fast customer support.
Current price and order form here >>
Get Rid of Your Lifelong Suffering!
Iontophoresis Electro Antiperspirant solves your problems with excessive sweating of palms, feet and armpits already after one week of use. Experience of many people around the world has confirmed its fast effectiveness in combination with high security and unbeatable price. Try too what it feels like to be dry and cool thanks to Electro Antiperspirant with a 50-day satisfaction guarantee.
You will receive a device that can change your attitude to life. The users of the device sent us already many stories about how their newly acquired ability to shake hands without any sweating gave them strength to achieve wonderful things not only in their careers that they could not imagine before. Make all your dreams come true with iontophoresis Electro Antiperspirant.
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Brothers Of The Sun Tour Tickets Are Heavily Discounted By Tickethunteronline.com; The Ticket Mega Seller Is Running a Promotion Due To Over Stock
Posted on December 24, 2013 by sivron01
Los Angeles, CA (PRWEB) July 11, 2012
Brothers Of The Sun Tour Tickets are in surplus at Ticket Hunter Online. The tour which features Kenny Chesney & Tim McGraw has been selling out arena’s nationwide. Discount ticket seller, Ticket Hunter Online, is announcing a 20% discount on all over stocked “Brothers Of The Sun Tour tickets” by going to tickethunteronline.com and entering promo code “wicked”.
The Brothers of the Sun Tour, a mammoth co-headlining trek featuring megastars Kenny Chesney and Tim McGraw, comes to the O.co Coliseum in Oakland on Sunday.
It likely will be, far and away, the biggest country music event of the year in the Bay Area. In fact, you’d probably have to go all the way back to the late ’90s — when the George Strait Country Music Festival played the same venue — to find an equally immense country gig in these parts.
McGraw, 45, has charted 21 No. 1 country singles, including such all-time fan favorites as “Don’t Take the Girl,” “I Like It, I Love It” and “It’s Your Love,” a duet with his superstar wife, Faith Hill. Seven of his nine studio albums have hit the top spot on the country charts — and he has sold 40 million records in the U.S. Plus, he’s now a fairly formidable player in Hollywood, having appeared in “The Blind Side,” “Country Strong” and a number of other major films.Kenny Chesney and Tim McGraw kicked off their Brothers of the Sun Tour Saturday at Raymond James Stadium in Tampa. With a huge stage production, a set list of new and old hits and an encore featuring both Kenny and Tim, the Tampa kick-off proved why the Brothers of the Sun Tour has been called the Watch The Throneof country music concerts by the Chicago Tribute.
Kenny began his set by rising from an elevator midfield and floating to the stage on a swing singing Beer In Mexico, Keg in the Closet and Summertime. He also performed What I Need To Do and On The Coast of Somewhere Beautiful, two songs that were not on last years play list, as well as his new single, Come Over.
The show-stopping Truck Yeah has already received rave reviews from fans and peers. McGraw closed out his set with the up-tempo new track with clever lyrics and a beat that will get everyone up and out of their seats (see for yourself in the video below) night after night. If this song is any indication of what we can expect from McGraw since inking a new record deal with Big Machine, were in for one heck of a ride!
Find More George Strait Lyrics Press Releases
This entry was posted in Ex-Girlfriend Lyrics and tagged Brothers, Discounted, Heavily, Mega, Over, Promotion, running, Seller, Stock, Ticket, Tickethunteronline.com, Tickets, Tour by sivron01. Bookmark the permalink.
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COMIC BOOK HISTORY IS HERE: TODD McFARLANE TO DRAW RECORD-SETTING SPAWN #301
– Posted on June 19, 2019Posted in: Comic News, COMICS
Todd McFarlane Productions and Image Comics celebrate comic book history with SPAWN #301
With its 301st issue, Todd McFarlane’s SPAWN becomes the longest running creator-owned comic book in the world!
SPAWN launched to record sales of 1.7 million copies when its inaugural issue was released in 1992, helping to cement the early days of Image Comics as a game-changing, new era in creator-owned comic books. Now, 27-years later SPAWN, and Image Comics remain hallmarks of the comic book industry.
As a testament to the longevity of Todd McFarlane’s seminal creation, and to Image Comics’ revolutionary call for creators’ rights to own and control the characters and comic books they create, SPAWN’s 301st issue will be a truly historic release, as McFarlane’s award-winning, fan-favorite superhero, will become the longest running creator-owned comic book ever.
“I could think of no better reason to return to the drawing board than to celebrate the record-breaking 301st issue of the SPAWN comic,” said Todd McFarlane, SPAWN creator, and Image president. “Twenty-seven years ago, I began this journey on the SPAWN title. That start, along with helping to co-found Image Comics, (today the third largest comic publisher in the nation) was with the goal of allowing creative people to own and control their ideas.
“It is with great pride that I can say that after nearly three decades of producing the SPAWN title, that I am still 100% in the creative driver’s seat of the character I brought to life back in 1992,” said McFarlane. “I wrote and drew that first issue and will do the same for this historic issue as well.”
To continue the celebration that begins with the deluxe sized, 72-page issue of SPAWN #300, McFarlane will return, once more, to pencil and ink interior story pages for the record-breaking SPAWN #301. Showcasing his unique blend of larger-than-life action and visual world-building, McFarlane will usher in SPAWN’s next creative evolution in his signature “hyper-detailed” style that has been an inspiration to artists and storytellers across all genres of entertainment media.
Joining Todd on SPAWN #301’s superstar creative team will be legendary SPAWN and Batman artist, Greg Capullo, critically-acclaimed illustrator, Jason Shawn Alexander, top comic artists, Clayton Crain, Jerome Opeña and Francesco Mattina, along with more surprises, including more top-tier comic book talent.
SPAWN #301, a 48-page full-color comic book will be in stores September 25, 2019. Also available will be a black and white SPAWN #301“Artist Edition” variant showcasing McFarlane and Capullo’s original, inked artwork.
This record-breaking, history-making, oversized SPAWN #301 issue will retail for $4.99.
Tags: Comic Books, Image, Spawn, Todd McFarlane
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Your Local Guide to Faridabad
About Faridabad
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General Information About Faridabad
Faridabad is a city and a municipal corporation in Faridabad district in the state of Haryana, India. It is a major industrial city and population centre. The city was founded in 1607 by Sheikh Farid, treasurer of Jahangir, with the object of protecting the highway which passed through the town. He built a fort, a tank and a mosque which are now in ruins. It also had a sarai, a travelers' lodge that served as a last stop for travelers to Delhi. Later, it became the headquarters of a pargana which was held in jagir by the Ballabgarh ruler. Faridabad became the 12th district of Haryana on 15 August 1979.
Faridabad is about 25 Kilometers south of Delhi at 28° 25' 16" North and 77° 18' 28" East. It is bounded by the National Capital Territory of Delhi on its north, Gurgaon District on the west, and Uttar Pradesh state on its east and south. Delhi-Mathura National Highway-2 (Shershah Suri Marg) passes through the centre of the district. The city has many Railway Stations on the Delhi-Mathura double track broad-gauge line of the North Central Railway.
Faridabad is now the most populated city of Haryana and it generates about 60% of the revenue of the Haryana state. 50% of the income tax collected in Haryana is from Faridabad and Gurgaon.
Faridabad is famous for henna production, while tractors, motorcycles, switch gears, refrigerators, shoes and tyres are other famous industrial products of the city. For the purposes of civil administration, Faridabad District is divided into two sub divisions, viz. - Faridabad and Ballabgarh. Each subdivision is headed by a sub-divisional officer.
Faridabad is located at 28°26′N 77°19′E / 28.43°N 77.32°E / 28.43; 77.32[2]. It has an average elevation of 198 meters (649 ft).
The city is located on the plains of the Yamuna River. It is bordered by the Yamuna to the east and Aravali Hills towards the west and southwest. Today, virtually all of the land has been developed with residential housing as the population of the city swelled during the mid 90s.
Much like the rest of India, the people of Faridabad rely on ground water for their basic needs which is the gift of good monsoon season.
Popular places to visit are the Badhkal Lake, 32 km from Delhi. It is a great retreat to relax amidst birds, the lake and hills, and enjoy some adventure sports like canoeing, trekking, rock climbing and kayaking. You could also visit the Raja Nahar Singh Palace in Ballabgarh, now converted partly into a heritage resort. An 18th century palace, it is said to resemble the palaces of Bharatpur in craftsmanship and beauty.
As of 2001 India census, Faridabad had a population of approx 2,193,276 Males constitute 55% of the population and females 45%. Faridabad has an average literacy rate of 69%, higher than the national average of 59.5%: male literacy is 75%, and female literacy is 60%. In Faridabad, 15% of the population is under 6 years of age.
Old Faridabad, as the northern and oldest part of the city is known, is home to people whose families might have been living in the area for centuries. The ancestry of people is mostly Jats and people from the state of Uttar Pradesh and villages in Haryana.
The western part of the city is called New Industrial Town (abbreviated as NIT). It was built after 1947 for the people who were relocating in India from Pakistan after the Partition of India. Thus most of the people here share their ancestry with modern day Pakistan's regions of Dera Ismail Khan, Dera Ghazi Khan, Bannu, and Kohat. The rapid growth of the city also brought immigrants to the city from other parts of the country. It is said that city was initially planned only for 300,000 people but the total population of the city is well over 2 million today.
Faridabad is a massive economic engine for Haryana. Faridabad and Gurgaon generate over 50% of the income tax to the Haryana government.
Wheat was grown in Faridabad before but the agriculture has since moved towards the villages of Haryana as Faridabad saw a boom in the population in the early 90s. Almost all of agricultural land has been taken over by the residential housing. However, the 'Anaaj Mandi' (Grain Market) of heritage value still exists in Old Faridabad.
Facilities for cricket are available in Nahar Singh Stadium which was built in 1981; the ground has a capacity to hold around 25,000 people and stands out as one of the most modern in North India having all facilities. The last ODI played here was between India and England on 31 March 2006. India has played three matches here.
Central Government Offices
Faridabad has benefited from plans of Union Government to decongest Delhi by shifting a number of Central Government Offices to Faridabad. Many directorates of different union government ministries are headquartered in Faridabad. Prominent among them are Central Water Commission, Department of Plant Quarantine, and Central Insecticide Lab. A number of Union Government Offices for Haryana are based here such as Department of Explosives, Department of Labour, etc.
Faridabad is the industrial heart of Haryana. It is home to hundreds of large scale companies like Encon Thermal Projects (www.encon.co.in), JK Tyre & Ind Ltd., Orient fans (C.K.Birla Group), JCB India Limited, GKN Driveline India Limited, Agri Machinery Group (Escorts Limited), Yamaha Motor India Pvt. Ltd., Whirlpool, ABB Ltd., Marathon Electric India P Ltd. , Goodyear Tyres, JBM, Knorr Bremse India Pvt. Ltd., Tata Ryerson Ltd , Hindustan Syringes (dispovan), Thomson Press, Havells, L&T, Lakhani, PWK Engineers Pvt. Ltd, Tide Water Oil Co.(India) Limited, There are thousands of medium and small scale units as well.
The Indian Air Force (IAF) has a logistics base in Faridabad. The resident unit is No.56 Air Storage Park as well as the Air Force Guard Dog Training Unit. The IAF Base is commanded by a Group Captain of the Logistics Branch. Formerly, a SA-2 SAM Squadron was also based in Faridabad. Although there is no army organization in the city, there are many retired army officers settled here.
Faridabad is well connected by the latest means of communications that includes GSM, WLL, Dialup internet connection, DSL internet connection, Leased line internet connection.
Govt. operated fixed line/land line telephone connections privately operated, world class network of fixed line phones.
Apart from electronics means of communication, the city is well connected through the postal services as well. Government owned Indian Postal Service and privately owned postal services like First Flight, DHL, FedEx, DTDC, Blue Dart, TNT etc. can be easily accessed.
Faridabad is on broad gauge of New Delhi- Mumbai Line. New Delhi and Hazrat Nizamuddin Railway Station is about 25 km from Faridabad Station. The trains for big cities like Mumbai, Chennai, and Hyderabad are easily accessible from here. Local Trains runs between New Delhi to Faridabad.
There are three railway stations in the city viz. Faridabad (FDB), New Town Faridabad (FDN) and Ballabgarh (BVH). Earlier it was the last station of central railway, but now it has been taken in Northern railway. It is a very high revenue generating source for railways as thousands of people move daily in local trains to and from Delhi for education/professions.
The National Highway-2 (Delhi-Mathura Road) passes through the city, and thus it is well connected to nearby states. Roadways services of Haryana (Haryana Roadways) and neighboring states like Delhi Transport Corporation, Uttar Pardesh Transport Department, Madhya Pradesh Transport Department, etc. are easily accessible. Delhi Metro Rail is likely to cover the city by 2011 as proposed by the Government of Delhi.
Faridabad is served by Indira Gandhi International Airport, New Delhi and Palam Domestic Airport, New Delhi.
Further information: List of education facilities in Faridabad
Colleges: Aravali College of Engg & Mgmt, Rai Foundation Colleges (Meadows), Al-Falah School of Engineering & Technology, [1] YMCA University of Science & Technology(formerly Y.M.C.A. Instt. of Engineering), Career Institute of Tech. & Management, Manav Rachna College of Engineering, Echolon Institute of Engineering, DAV Institute of Management, Govt. Polytechnic for Women, Lingaya's College.
Government Officer's Institutes/Training Centers: Cement Research Institute, National Institute of Finance Management (M/o Finance), National Academy of Central Excise, Custom & Narcotics, Power Engineers Training Institute, Central Fertilizer Quality Control & Training Institute, Regional Directorate of Apprentice & Training(RDAT), Wireless Training Centre (Cabinet Secretaries), Oriental Insurance Staff Training College
Schools: Ashok Memorial Public School, Ryan International School, St.Joseph's Convent School, Vidya Niketan Sen. Sec. School, Rawal International School, Aravali International School, Modern Vidya Niketan, DAV Public School, Vidya Sanskar International school, St. John's School, Delhi Public School, Apeejay public school, Carmel convent School, Modern School, Manav Rachna International School.
Famous people from Faridabad
Maharani Kishori - wife of Jat Maharaja Suraj Mal of Bharatpur in Rajasthan, India; married in 1730.
Raja Nahar Singh - Jat King of the princely state of Ballabhgarh in Faridabad (1823–1858)
Sonu Nigam - Indian playback singer (born 1973)
Ajay Ratra - Indian cricketer (born 1981)
Design by: Agdova Technologies
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Tag: John Curran
Now Available: July 10, 2018
Posted on July 10, 2018 by Jeremy Calcara.
Welcome to Now Available, where we’ll give you a quick review of a film we didn’t cover when it was released in theaters that’s releasing for home viewing this week, along with a list of everything else and where you can see our coverage on it.
Late on July 18, 1969, a vehicle driven by Senator Ted Kennedy swerved off of a bridge, landing on its roof in Poucha Pond on Chappaquiddick Island, Massachusetts. While Senator Kennedy was able to get out of the vehicle and safely make it to shore, his passenger, the 28 year old Mary Jo Kopechne, died in the vehicle. Kennedy fled the scene of the accident and didn’t report it for over 9 hours. Due to conflicting accounts over the years by Kennedy and his associates who were were with him both in the hours before and after the accident, as well as coroner reports that indicated Kopechne died of suffocation, not drowning, have led to much speculation over the past 49 years about what actually happened that night. Did the accident happen as described by its only survivor? If so, why did he wait so long to report it? Were Kennedy’s actions properly dealt with or was this a case where the influence wielded by one of the United States’ most powerful families allowed justice to be undermined?
John Curran’s Chappaquiddick efforts to retell this murky story in a way that focuses on established facts to show the social and political ramifications of the incident while responsibly filling in some of the holes in the official version of the story. Jason Clarke leads an impressive cast as Kennedy, proving to be more than up to the task of transforming himself into the “Lion of the Senate.” Most everyone has a generic Kennedy impression somewhere in their repertoire, but Clarke surpasses mere imitation by playing the character as a man weighed down by his perceived responsibility to be who his father expects him to be as the only surviving Kennedy son following the assassination of his brother Robert just a month prior to the incident. His brother John’s shadow also looms large in the film, as much of the background noise is of televisions and radios tuned in to hear about Apollo 11’s journey to the moon, an endeavor fiercely supported by the late president that occurred on the same weekend as the accident. Ed Helms gives a rare but capable dramatic performance as Joseph Gargan, the cousin to Kennedy who became the estranged from the family as a result of the incident. Gargan is the conscience of the film and most of the blanks filled in on the story are consistent with the real life Gargan’s recollections of the incident in the 1988 book Senatorial Privilege: The Chappaquiddick Cover-Up by Leo Demore. Jim Gaffigan gives a surprisingly balanced performance as Kennedy family friend and Massachusetts District Attorney Paul F. Markham, a man burdened by his loyalty to the Kennedy’s as he goes about the icky business of effectively spinning the death of a young woman in a way that would salvage a promising political career. Curran’s direction and the screenplay are tight, giving the film an even pace and the feel of a thriller. I’m always impressed when a director is able to make a well-known event feel like anything could happen, and Curran is able to accomplish that here. It’s a well balanced film that avoids promoting salacious conspiracy theories but doesn’t paint a flattering picture of the senator either.
Overall Chappaquiddick is an impressive film buoyed by a dynamite lead performance by Clarke. It’s definitely worth the price of a Redbox. It’s probably even still worth it if you forget to return it for a day or two.
Also available this week:
A Quiet Place: Patrick and Aaron discussed this film with special guest Patrick Willems on Episode 104 of the podcast and Aaron wrote a review here.
The Leisure Seeker
Lean on Pete
Sweet Country
Jeremy Calcara is a contributing member of the Feelin’ Film team. Follow him on Facebook and Twitter to be notified when new content is posted.
Chappaquiddick
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Beauty-День
Galleries / Other / Sunday, 03 February / Лекторий КЦ11 / Beauty-День
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Stories by author "Andre Kessler": 21
Sitewide Search
From Bachelor to Family Man
By Andre Kessler
"My mother, may she rest in peace, always told me I was a bum and I’d ask why I was a bum, and she’d say, 'Because you are 33 and you are not married.' I reunited with my father in 1961. He never came to this country. He stayed in France. Every…
Moving to Georgia
"I went to work for a textile company. The sales manager was a very nice man by the name of Frank Murphy, may he rest in peace. In those days I was known as Andy, I tried to become as Americanized as much as possible. My nickname in the NBA was Tiny,…
"NYU in those days was a powerhouse; we were one of the strongest teams in the country. Before the NCAA it was the NITs (National Invitation Tournament). We won the NIT three years in a row. I am going to throw names at you that most of the time only…
Jim Crow on the Road
"My roommate was arguably the best basketball player who ever played the game. His name was Wilt Chamberlain. Even though the team was owned by a Jewish man, our traveling secretary, shall I say, was not exactly a big fan of Jews or blacks. I roomed…
Basketball Recruitment
"While I was in Washington, since all of us in the ceremonial guard were six foot and over, we formed a basketball team. We went around and played other military places, some schools, and things like that. One night we were playing somewhere-- one of…
Jumping Out of Airplanes
"I get my orders to report to Camp Lejeune, North Carolina, to be with the Marine Corps. They don’t have their own medical personnel. So us as Navy corpsmen are stationed with the Marines and take care of them... I wound up with the reconnaissance…
Navy Ceremonial Honor Guard
"Three or four days before I was ready to graduate from basic training, an officer and our company commander, who was a chief petty officer, came walking through the barracks, and they said, 'Everybody six foot and over stand in front of your bunks.'…
The U.S. Navy
"Two weeks before I was ready to graduate high school, I got into serious trouble; I was taken before a judge and given two choices: enlist in the military or go to jail. Well, I didn’t know what the military was all about, but I had a pretty good…
"We had a very small apartment in the section of New York called Sunnyside in Queens. Where [my mother] worked, the textile company was in Manhattan, so she would leave the house at 7 or 7:15 in the morning, catch the subway which was a block and a…
Crossing the Atlantic
"On August 7, 1951, we boarded a very small former troop ship, which used to bring troops from the United States to Europe, the S.S. General Sturgis. When we boarded the ship, at eleven years old I was a pretty big kid, and they decided that I…
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Four Stages of the Holocaust
Life became more difficult
By Herbert Kohn
"The final stage began with Kristallnacht."
“Life became more difficult. It was a period, actually involved four different periods, the Holocaust. It lasted from 1933 to 1945. The first period was Discrimination, and then it turned into Segregation, and it came on when the laws passed when Jews couldn’t do this and Jews couldn’t do that, and they couldn’t be there and they couldn’t be here. And then it went into Persecution, every day, something happened, Jews were abused because they were Jews, for no other reason. And then came the final stage, which began with Kristallnacht. It was a test, actually, to see if the world was ready to accept the final stage, and that was Extermination stage, the killing of people and Jews.”
Juden Sind Hier Unerbench: A sign placed in public places to forbid the Jewish population from entering. Translation: “Jews Are Not Wanted or Allowed Here.” ~ Source: United States Holocaust Memorial Museum ~ Date: ca 1930s
Herbert Kohn, “Four Stages of the Holocaust,” Georgia Journeys, accessed July 18, 2019, http://georgiajourneys.kennesaw.edu/items/show/18.
Herbert Kohn
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Witches—Satanists—Occult
Young and old alike are recruited into evil’s ranks with booze, drugs, sex, music, and the lure of the mystery of iniquity. Some relatively recent infamous proselytes of Satan would include Charles Manson, who with his followers, according to authors Gilmore and Kenner, were into witchcraft, "black magic" and "white magic," and who saw himself as a kind of wizard.
Truth is the opposite of lies. Love is the opposite of hate. Light is the opposite of darkness. Joy is the opposite of sorrow. Life is the opposite of death and good is the opposite of evil—always a 180° separation from each other. Just as obedience is opposite to disobedience, God is opposite to Satan. Choose God through the saving blood of Jesus Christ and enjoy truth, love, light, joy, life, and goodness — all found in your obedience to the Word of God. If you haven’t surrendered your life to Jesus Christ, click on to "Further With Jesus" for directions to the entrance. NOW FOR TODAY’S SUBJECT.
GOD SAID, Jeremiah 27:9-10:
9 Therefore hearken not ye to your prophets, nor to your diviners, nor to your dreamers, nor to your enchanters, nor to your sorcerers, which speak unto you, saying, Ye shall not serve the king of Babylon:
10 For they prophesy a lie unto you, to remove you far from your land; and that I should drive you out, and ye should perish.
GOD SAID, Deuteronomy 18:10-12:
10 There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a witch,
11 Or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer.
12 For all that do these things are an abomination unto the LORD: and because of these abominations the LORD thy God doth drive them out from before thee.
GOD SAID, Exodus 22:18:
GOD SAID, Leviticus 20:27:
MAN SAID: This is hilarious! These foolish Christians actually believe in devils, witches, wizards, and Satan-when they don’t even exist. They are simply a creation of the Bible, which makes the Bible’s commandment to kill them absurd.
Now THE RECORD. This article must be prefaced with an opening statement. As Christian believers, we are called to what is known in the Bible as perfect hatred. Psalms 139:21 and 22:
21 Do not I hate them, O LORD, that hate thee? and am not I grieved with those that rise up against thee?
22 I hate them with perfect hatred: I count them mine enemies.
Christians are required to hate sin and, in Christ-like love, reach out to the sinner in an effort to separate him from his evil ways. So the statement, "Hate the sin but love the sinner," applies. This article will begin to bring to light the reasons why God’s commandments and judgments against those who promote the occult are so severe. I should also caution that God’s judgments concerning this deviant lifestyle are not to be carried out by individuals, but by the appropriate lawmakers of the land. To those who practice such wickedness: God’s Word councils you to turn and repent of your rebellion while there is still time. Surrender to Christ and have life and life more abundantly, even as they did in Acts 19:18-20:
18 And many that believed came, and confessed, and showed their deeds.
19 Many of them also which used curious arts brought their books together, and burned them before all men: and they counted the price of them, and found it fifty thousand pieces of silver.
20 So mightily grew the word of God and prevailed.
God’s severe judgment and social abhorrence of the occult was once a mighty force against even the idea of attaching oneself to such evil. Once God’s Word is negated, the evil door is opened and spiritual darkness begins to gain societal traction. This contagious unclean spirit of darkness begins to affect rebellious souls and in an ever increasing number. Satan’s entry into an individual’s life can be ever so subtle, as in the use of Ouija boards, tarot cards, horoscopes, fortunetellers, palm readers, séances, and their ilk. Beware!
Some definitions surely apply, which follow, and which come from Noah Webster’s 1828 American Dictionary of the English Language:
Witchcraft: the practices of witches; sorcery; enchantments; intercourse with the devil.
Satanism: the evil and malicious disposition of Satan; a diabolical spirit.
Wizard: a conjurer; an enchanter; a sorcerer.
Familiar spirit: a demon or evil spirit supposed to attend at a call.
Necromancer: one who pretends to foretell future events by holding converse with departed spirits; a conjurer.
Enchanter: one who enchants; a sorcerer or magician; one who has spirits or demons at his command; one who practices enchantment, or pretends to perform surprising things by the agency of demons.
Charmer: one that charms, or has power to charm; one that uses or has the power of enchantment.
Today, the notion of spiritual darkness is regularly mocked and regularly promoted. The idea of witches, for example, has been glamorized in the popular media by American TV series such as Bewitched, Charmed, Crossing Over, and no doubt many others. Also, many motion pictures have promoted the principles of witchcraft, Satanism, wizardry, and the occult in general. If that sounds stretched to you, consider the global infatuation with the Harry Potter books and movies. Harry’s life is chronicled as he studies to be a wizard at the Hogwarts School for Witchcraft and Wizardry. This is a huge door of darkness that will make entrance for millions of the world’s unsuspecting youth.
In his book, Angels, Evangelist Billy Graham weighed in with the following:
Satan and his demons are known by the discord they promote, the wars they start, the hatred they engender, the murders they initiate, the opposition to God and His commandments. They are dedicated to the spirit of destruction ... In his warfare against God, Satan uses the human race, which God created and loved. So God’s forces of good and Satan’s forces of evil have been engaged in a deadly conflict from the dawn of our history. Unless world leaders and statesmen understand the true nature of this warfare, they will continue to be blind leaders of the blind.
The very nature of the occult—a word which means "hidden"—makes the population of its adherents hard to button down, but be assured, in this world, there are a multitude. All the way back in 1986, an AP article quoted Ms. Laurie Cabot, an avowed witch. At the time, she was the head of the "Witches League for Public Awareness." Her group was protesting plans to film The Witches of Eastwick. She guessed the American population of witches at 6,000,000 and claimed 2,000 lived in Salem, Massachusetts, alone. Probably closer to the truth, but surely understated, would be the 2001 population of witches in America listed at 134,000, which was published in a survey called the American Religious Identification Survey (ARIS) conducted by the Graduate Center of the City University of New York. My statement concerning the population being understated was made simply because many involved in witchcraft hide their identity. What was very startling about this survey was that they assessed the population to be at only 8,000 in the year 1990. The 2001 population of witches showed a staggering 1,575% jump.
Satan is on the move. The prophet Daniel, in the book by his name, prophesies in chapter 8, verses 23 through 25:
23 And in the latter time of their kingdom, when the transgressors are come to the full, a king of fierce countenance, and understanding dark sentences, shall stand up.
24 And his power shall be mighty, but not by his own power: and he shall destroy wonderfully, and shall prosper, and practice, and shall destroy the mighty and the holy people.
25 And through his policy also he shall cause craft to prosper in his hand; and he shall magnify himself in his heart, and by peace shall destroy many: he shall also stand up against the Prince of princes; but he shall be broken without hand.
Transgressors are truly coming to a full. There are no longer any judgments to keep their progress in check. The antichrist is on the way.
The population is big and the dealings of the occult are certainly not harmless. The following excerpt is from a 1988 article in the Kansas City Times titled, "Satanic Crime Increasing? Police, Therapists Alarmed:"
"I think it’s going to be a growing problem as we go into the ’90s," says Detective Robert Simandl, a 21-year police veteran and a member of the Chicago Police Department’s gang crime unit. But satanic crimes are not labeled as such on the police blotter. There are no national statistics. Simandl and other law enforcement officers say they think, but have not yet proved, that there are networks of Satanists who engage in child molestation and murder. Former satanic cult members and those who have worked with cult victims, including counselor J. Balodis and Larry Dunn, a Washington Deputy Sheriff, say it’s possible that devil worshipers sacrifice 50,000 humans a year, mainly transients, runaways and babies conceived solely for the purpose of sacrifice. That figure would be more than twice the number of murders reported by police agencies and the FBI in 1986.
Some authorities were skeptical about the 50,000 number, but keep in mind that after the Satanists’ rituals, it’s reported that they burn or bury the evidence before the sun rises. Deputy Sheriff Dunn claimed in the same article that he had interviewed 170 survivors of satanic cults and they all reported seeing human sacrifices. According to a 1986 Scripps Howard News Service report, "as many as 800 crimes now under investigation by police nationwide are said to be linked somehow to devil worship." [End of quote]
Young and old alike are recruited into evil’s ranks with booze, drugs, sex, music, and the lure of the mystery of iniquity. Some relatively recent infamous proselytes of Satan would include Charles Manson, who with his followers, according to authors Gilmore and Kenner, were into witchcraft, "black magic" and "white magic," and who saw himself as a kind of wizard. Manson’s business card has the initials A.T.W.A. boldly displayed next to a satanic symbol. These letters stand for Air, Trees, Water, and Animals. Much of the platform of witchcraft is the worship and reverence of the earth.
Do you remember the young lad Thomas Sullivan Jr. and his Boy Scout knife? The following excerpt is from a 1988 issue of the New York Daily News:
In recent weeks, the Jefferson Township, N.J., boy had told friends he had visions of Satan ordering him to kill his family. He also had become obsessed with heavy-metal groups that use Satanic symbols in their acts. "Tell parents to watch what music their children listen to, the boy’s father, Thomas Sullivan Sr., said yesterday. All last week, he said, his son sang a rock song "about blood and killing your mother." Saturday night, police said, the boy took his scout knife and stabbed his mother, Betty Ann, 37, to death in the basement of the family’s ranch home on White Rock Blvd. He then set the living room couch afire—apparently in an attempt to burn down the house and kill his father and 10-year-old brother, Brian. Then he fled. The teenager killed himself later. He sat down, leaned against a neighbor’s backyard shed and slit his wrists and throat. His frozen body was found in the bloody snow Sunday morning.
Richard Ramirez was known in southern California as the "Night Stalker." In 1985 he was charged with burglary, rape, and the murder of 13 people. On his left hand is tattooed the five-pointed star known as the symbol of the devil, the inverted pentagram. This same pentagram was found spray-painted on the walls of some of his victims’ homes. Ramirez boasted of raping and murdering his victims as a tribute to Satan. He had a history of drugs and thrived on satanic themes found in some heavy metal music.
In the same article which was cited earlier, "Satanic Crime Increasing? Police, Therapists Alarmed," is found the following excerpt:
Wichita police officers, for example, have had to take a crash course in satanic crime after they found the nude body of a 15-year-old girl on Nov. 1 face-down in a sludge pond. She had been stabbed in the throat and chest and her hands were bound behind her back. Lt. David Williams, supervisor of the Wichita Police Department homicide unit, said the teenager had been a member of a satanic cult until two weeks before her death. Police think she was killed just after midnight on Halloween, a major satanic holiday.
Remember New York’s Son of Sam who said Satan told him to do it? Just as the others of his ilk, he was simply walking in the powerful bondage of the spirit of Satan. Jesus Christ said in John 8:44:
Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.
In a 1999 article, an Associated Press writer reports on a man who confessed to 30 to 50 church burnings. The following paragraphs are from that article:
A 36-year-old Indiana man with an interest in Satanism was indicted Tuesday on charges of burning 10 churches in Indiana and Georgia, including one in which a volunteer firefighter died, the Nation Church Arson Task Force announced. Ballinger has admitted to federal agents that he burned 30 to 50 churches in 11 states between 1994 and 1998, according to an affidavit by Bureau of Alcohol, Tobacco and Firearms agent Scott D. McCart. In that February document, McCart said satanic materials were found in Ballinger’s Yorktown, Indiana, home. Ballinger traveled with his girlfriend, Angela Wood, 24, of Atlanta, as she worked as a stripper in several states.Wood and another man, Donald A. Puckett, 37, of Lebabon, Indiana, have told federal agents they took part with Ballinger in burning an Indiana church where they painted an upside-down cross on the steps as part of a satanic ritual, McCart’s affidavit said.
The following is reported by the Agence of France-Presse published March 4, 1999:
WARSAW—A 19-year-old woman and a 17-year-old boy were killed during a ritual Satanic mass in southern Poland, police said Thursday after finding their cut up and burned bodies.The two victims were members of a sect which staged the black mass in a disguised bunker on the outskirts of the town of Ruda Slaska, but did not know they were to die, a spokesman said.
The Panafrican News Agency released the following in an article published August 8, 2000:
Police have recovered a dismembered human head believed to be that of a male victim, in the latest incident related to witchcraft murders in Tanzania. The head was recovered at the weekend in the southern region of Mbeya, where murderous gangs had camped in 1999 to conduct an illegal interstate business in human skins.
The article continued:
The human skins and other body parts, including vaginas and penises, are said to be in demand by sorcerers who use them to make powerful concoctions, which are potent enough to make the rich richer, and the mighty mightier.
Several paragraphs of the Washington Post published November 28, 2001, under the heading "‘Witchcraft’ Murders Cast A Gruesome Spell" follows:
What he found, a short walk from his family’s mud hut, were the remains of his 13-year-old son: a figure on its knees, head buried in the dirt, genitals and middle figure removed with cuts that looked almost surgical. In shock, Serra noticed an odd detail: The mutilated body looked diminished, even shrunken. Then he noticed the gash in the boy’s jugular vein, and realized that his blood had been drained. Someone is killing the boys of Maranhao, a sweltering, poverty-stricken state in the Brazilian northeast. Welson Frazao Serra, the painter’s son, was the 20th victim since 1991. Victim No. 2—a 10-year-old third-grade—turned up in the city of Codo, 150 miles southwest of Sao Luis, the state capital, on Oct. 18.A few of the corpses were attended by crosses or religious circles. Others, like Serra’s son, were discovered near offerings of chicken blood, feathers, cassava and candles. In the most recent case—in Codo, a town of 30,000 dubbed the "witchcraft capital of Brazil —the accused murderer, now in custody, says he killed and castrated his victim at the behest of an alleged local priestess who supposedly bought the boy’s testicles for $35.
"Italian Mass Killer Was Servant of Satanic Sect," was the headline in the September 9, 2001, story released by The Observer International. The following segments are from that article:
The blood has long dried and corpses no longer turn up among the cypresses, but Tuscany’s horror story has acquired a sensational twist. The Monster of Florence may have been a satanic sect bankrolled by the (Italian) secret service. Pacciani, stocky and tough, was convicted of the crimes in 1994 and died four years later. Italy consigned the case to history. Except that last week evidence surfaced suggesting Pacciani was not the Monster. He was merely the deliveryman to a satanic sect, which commissioned the murders to obtain body parts for ceremonies, said investigators. The real monsters were allegedly the wealthy and respected members of Tuscan society—including a doctor, ambassador and an artist—who to this day have remained undetected. A cover-up involving secret service agents and missing money is now said to be unraveling. Last week detectives from Florence raided the homes and offices of Aurelio Mattei, a psychologist with the secret service, Sisde, and of Francesco Bruno, Italy’s leading criminal psychologist. Pacciani’s conviction was overturned and he was facing retrial when he died. The original verdict of a heart attack has been discredited and his death is now being treated as murder. The investigating magistrate, Paolo Canessa, believed Pacciani’s heart attack in February 1998 was triggered by drugs to silence him lest he reveal the real monster, or monsters.
"Brazil Jails Occult Killers" was the headline of an article published by a BBC correspondent in Sao Paulo, August 31, 2003. A few excerpts follow:
A court in Belem, northern Brazil, has sentenced two men to a total of 92 years’ imprisonment for their part in the murder and sexual mutilation of young boys in the Amazon town of Altamira between 1989 and 1993.A total of 19 boys aged from eight to 14 were attacked. Five were mutilated and died, three escaped with horrible injuries, six escaped before they were harmed and five have never been seen again. All the attacks took place between 1989 and 1993.One of the prosecuting lawyers, commenting on this long delay in bringing the accused to justice, said the trial is a test of Brazil’s capacity to bring justice to remote areas. The jury found both men guilty of murder. Carlos Alberto Santos, a security guard and former policeman, was sentenced to 35 years. Amailton Gomes, son of a landowner, received 57 years. Both were remanded in custody pending appeals. On Tuesday the trial of three others accused will begin. Two are doctors and the third is a woman said to be the leader of the Satanic Sect which killed the boys to use their sexual organs in rites of black magic.
On January 18, 2002, The News Telegraph of the United Kingdom released an article with the headline, "Satanic Killers Tell of Blood Drinking Rites." The following is from that article:
A woman who says that she and her husband killed a German friend with 66 knife wounds on orders from the devil has claimed that she became a Satanist in Britain. German police say any evidence pointing to possible crimes or an illegal Satanic ring in Britain will be sent to the relevant authorities. Manuela Ruda and her husband, Daniel, have admitted killing their friend, Frank Haagen, "for Satan." She said she got a taste for vampirism and the occult while in London and Scotland. She appeared at the regional court in Bochum in full gothic garb, her head partly shaved to reveal an upside-down crucifix and a target tattooed on her skull. Mrs. Ruda, 23, gave a chilling account of drinking blood from volunteers contacted on the internet. She said: "I was in England and Scotland, met people and vampires in London. We went out at night, to cemeteries, in ruins and in the woods. "We drank blood together, from willing donors. You can’t drink from the arteries; no-one is allowed that. I had implanted pegs put in the teeth which were pulled out and were replaced with fangs. "I also slept on graves and even allowed myself to be buried in a grave to test the feeling. I signed over my soul to Satan two and a half years ago." The couple have denied responsibility for killing Mr. Haagen, 33, although both have admitted committing the crime.
God commands against the drinking of blood. Therefore, in the Satanists’ 180-degree position of disobedience they do it. Leviticus 7:26, reads:
Moreover ye shall eat no manner of blood, whether it be of fowl or of beast, in any of your dwellings.
This wickedness is global and its ranks are surging. Much talk is made of white witches, black witches, Satanists, and more in an effort to separate one from another, but be assured, all are cursed of God and will suffer His eternal fiery wrath. The evil door is opened and Satan takes those who enter at his will. II Timothy 2: 25-26:
25 In meekness instructing those that oppose themselves; if God peradventure will give them repentance to the acknowledging of the truth;
26 And that they may recover themselves out of the snare of the devil, who are taken captive by him at his will.
It doesn’t end here. This following headline was found in an August 30th, 2002, edition of The Washington Times: "Wiccans Open Way For Teen Members, Pagans Offer ’Alternative Spirituality’." The article the author cited was from the Arizona Daily Star. The following excerpt is from that article:
A network of pagans is opening its ranks to people under 18 for the first time, hoping to reach what members say is a growing group of teen witches in the area. "It can give them a chance to hear from real witches and real life. Books aren’t enough," said Ashleen O’Gaea, a Wiccan high priestess and co-founder of the 14-year-old Tucson Area Pagan-Wiccan Network, or TAWN. Most Wiccans—the most popular form of paganism—refer to themselves as witches. They don’t wear pointy hats or talk of flying on broomsticks. But they do try to cast spells, and use candles, wands and on occasion caldrons, which represent their goddess’s womb. The network says it will now allow teens 16 and older to join, but only as long as they have the permission of a parent or guardian. Current members hope younger people who are practicing on their own can benefit from the education available through the network.
If any hearing or reading this message are involved in or are considering this cursed evil, turn quickly and cry out unto God through the saving blood of Jesus Christ for forgiveness and mercy and sanctuary, and Jesus Christ the Lord of Glory will set you free. Do it now before there is no longer a road of return.
After this short review of the grossly wicked and intricate evil of Satan, it should be obvious to you why the God who has created all, in His perfect wisdom, would assess such terrible judgment against the deeds of the occult. Beware!—and stay clear of this evil.
Associated Press, "Witches Protest Image," East Liverpool Review, June 13, 1986
Berg, M., "Satanic Crime Increasing? Police, Therapists Alarmed," The Kansas City Times, 3/26/1988
Bobby, J., "Law Enforcement Officials Must Learn Satanic Ways," Morning Journal, Lisbon, Ohio
Carrol, R., "Italian Mass Killer ’Was Servant of Satanic Sect’," The Observer International, 9/9/01
Cleaver, H., "Satanic Killers Tell of Blood Drinking Rites," The News Telegraph, U.K., 1/18/02
Faiola, A., "’Witchcraft’ Murders Cast a Gruesome Spell, The Washington Post, 11/28/01
"Fantasy Has A Thousand Faces," The Writer, November 2001
Grossman & DeBarros, "Still One Nation Under God," USA Today, 12/24/01
Innes, S., "Wiccans Open Way For Teen Members, Pagans Offer ’Alternative Spirituality’," Arizona Daily Star, as reprinted in The Washington Times, 8/30/02
Moss & Kottler, The Last Victim, Warner Books, 1999
Rocha, J., "Brazil Jails Occult Killers," BBC 8/31/03
Salaam, D., "Dismembered Head Linked to Witchcraft Killings," Panafrican News Agency, 8/8/00
Santangelo, M., "Satan Scout Left Hints," New York Daily News, 1/12/88
Schoch, J., "Church Taking Active Role In Battle Against Satanism," Morning Journal, Lisbon, Ohio
Sniffen, M.J., "Man Charged With 10 Church Fires In Indiana & Georgia," AP, The Intelligencer, Wheeling, West Virginia
"Teenage Cult Members Killed in Satanic Mass," Agence of France-Presse, 3/4/99
Psalm 119:105 (KJV)
Thy word is a lamp unto my feet, and a light unto my path.
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HRM's Send Flower System
Funeral Contribution
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With three locations to serve you, Harrison-Ross Mortuary has always been a community leader in funeral and cremation services. At each location, our staff are trained to patiently assist you in arranging such a very important occasion. Harrison-Ross Mortuary will help your family through tough emotional times with compassionate service. We are family owned and operated, and our number one goal is to make this difficult time easier on you and your loved ones.
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"Our reputation in the community elevates each year with quality service our families expect."
Our mission at Harrison-Ross Mortuary is service with dignity, dedication, and respect for all people in their time of need.
Harrison-Ross Mortuary has always been a community leader in funeral and cremation services. At each location, our staff are trained to patiently assist you in arranging such a very important occasion. Harrison-Ross Mortuary will help your family through tough emotional times with compassionate service. We are family owned and operated, and our number one goal is to make this difficult time easier on you and your loved ones.
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If you have made an error in making your donation or change your mind about contributing to the Funeral cost of a deceased in our care, we will honor your request for a refund made at least one (1) day prior to service. To request a refund, please call 323-584-1200 FREE. Refunds are returned using the original method of payment, except cash donations will be returned via check. If you made your donation by credit card, your refund will be credited to that same credit card.
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Meet Our Vendors: Gluten Free GEM
September 27, 2018 By AriRosner
by Susan Gibson, HFM volunteer
If you are gluten intolerant, have a wheat, barley, or rye allergy, or even worse celiac disease, when was the last time you recall having a pastry so delightfully rich and satisfying, you wanted to burst into song? Well maybe not the song, but if one of these conditions applies to you, you know what I mean. Wait no longer, Gluten Free Gem specializes in providing gluten and allergy-free baked goods, desserts, and pastries. This article highlights the story behind this wonderful oasis in the midst of all the dry, flat, and tasteless gluten-free products on the market today. But, if you need a pastry fix now and want to jump ahead, visit the Gluten Free Gem booth at the Hollywood Farmers Market on Saturdays or stop by the retail location on the corner of NE Broadway and 2nd Avenue.
Anne Miller comes from a long line of adventurers. Anne is the 6th generation living in Oregon. Her great, great grandmother was the first non-native American baby to be born at Fort Vancouver. Anne calls her heritage ”Old School”. This might be where Anne got her frontiersman-like and entrepreneurial spirit.
As the owner of Gluten Free Gem, Anne did not create the bakery because she loved baking. In fact, her journey took a circuitous route before it came to fruition. No, not a baker at all, but rather through an academic background.
For several years, Anne was a teacher. However, her love of travel inspired her to become a travel agent, a career which lasted from 1997 to 2003. (While she was able to travel much of the globe, Fiji is still on her bucket list). Traveling soon stepped aside when her two beautiful girls came along. Little did she know that they would be the source of her inspiration for gluten-free baking.
After much trial and error, her three-year-old daughter, Greta, was diagnosed with “celiac” disease in December 2005. Celiac disease affects about 1% of the American population. It is caused by an allergy to gluten (Think wheat, barley, and rye) of which some form is commonly found in most commercial products. Significant improvements were noticeable within a short time of cutting out anything with gluten from Greta’s diet. Anne now felt she had to do something to help her daughter as well as anyone suffering from an allergy or sensitivity to gluten. Especially, after Anne removed anything with gluten in it from her own diet to see if it would help her one-year-old daughter, Emma. Emma had been fretful, agitated, and could not stop crying. Anne was breastfeeding at the time and within days of abstaining from wheat, Emma had improved significantly. While neither Anne or her youngest daughter have been diagnosed with celiac disease, they both are gluten intolerant.
Anne started baking at home for her family. But it wasn’t until Emma started kindergarten that Anne got into baking gluten-free pastries for sale. Her husband had opened a coffee shop called Coffee Plant in downtown Portland, giving Anne the perfect venue for trying out her gluten-free baked goods.
However, the gluten-free products were made alongside wheat baked goods, potentially contaminating them. By September 2006, the Coffee Plant was doing well enough that the couple expanded operations to John’s Landing, calling the new location Corbett Coffee Plant (CCP). Here, Anne and her husband sold only gluten-free products under the name CCP Gluten Free Bakery. CCP’s business grew organically through word of mouth and was soon serving New Seasons and a variety of small cafes, such as Fresh Pot Coffee.
Anne personally works with each wholesale account to ensure that they get the freshest ingredients as well as education on the stages of production and how the production cycles work. One of the most challenging areas for Anne has been educating the staff, customers, and vendors on what it takes to provide her 80 wholesalers – there are six cafes on the Nike campus alone – with the volume they need in a way that works for everyone. This has been extremely important to developing positive, ongoing relationships with her clients.
The bakery quickly outgrew the production space at the family coffee shop and moved its operations to a larger space in Northeast Portland. As a tribute to her daughters, Greta and Emma, the bakery was renamed Gluten Free GEM (Greta and Emma Miller). And the delicious pastries and baked goods are truly gems. Especially for those of us who thought we would never taste a really good chocolate brownie or decadent cinnamon roll, not to mention lemon curd cupcakes and other fine pastries.
If you have ever eaten most gluten-free baked goods, you often feel betrayed by the lack of flavor, texture, and variety. Which is what sets Gluten Free Gem apart, all with the help from Alleson Goldfinger.
Alleson joined the team at CCP in 2010 and made the move to GEM in 2011 with the idea of taking over the recipe research development, testing and baking. She turns the science of baking, time, temperature, ingredients into tasteful art. After leaving the bakery in 2012 for an internship at the American Test Kitchen, Alleson returned to Portland and GEM the following year, where she continues to be a leader and innovator.
Bakers need to constantly keep track of what to buy, when to buy, and the quantities, even down to the amount of oil used to spray the pans. Daily, the list of what to keep track of takes a special type of person to keep it all flowing. Everything is made and packaged in-house, even the coconut caramel sauce which takes a full 6 hours to make.
With her solid team, Anne now focuses on education and the business ─ using her teaching skills to help her people grow is a top priority. Anne’s staff is amazing to watch in action. There are 23 employees. In addition to the bakers, mix in overnight bakers, add a few mixers and preparers, flavor with a couple of office staff, blend with those who work in the retail store, top with dessert specialists, sprinkle in two delivery people to cover the number of wholesale accounts, a temperamental walk-in oven named Rosie, a couple of reliable ones, an efficiently run kitchen, and Gluten Free Gem has the right recipe for making the most delicious gluten-free baked goodies.
With the successful growth of the wholesale business, Anne turned her attention to creating a retail presence in Portland. Participating in farmers markets was a good way to test the dough. She tried a couple and found that Hollywood Farmers Market provided the perfect blend of community, seasonal produce, great market support, and proximity to her new retail space on NE Broadway.
Gluten Free Gem operations and retail store opened on the corner of NE Broadway and 2nd Avenue in February 2017. This new space allowed Anne to add additional products to the menu, such as cinnamon rolls, quiche, and other pastries with a short shelf life which are perfect for retail customers. As part of the drive to make the new retail space a destination, keep an eye out for the addition of espresso to the menu this September.
To provide an allergy-friendly bakery, dairy and egg free products are on the menu. In addition to basics, seasonal fruits and vegetables are essential to delivering high-quality products. About 3 dozen items are seasonally transformed every three months, with the most menu changes in the spring and fall. Lemony products in the spring such as delicious cupcakes filled with handmade lemon curd and buttercream frosting. In the fall look for items featuring warm spices such as cardamom, ginger, or fall harvested pumpkins.
Now 13 and 16, her daughters live a healthy life due to their mother’s creativity. For Anne, the favorite part about Gluten Free Gem is the people she gets to meet and offering great tasting baked goods for people who lost the ability to enjoy favorite treats and now, anyone will enjoy.
Filed Under: Vendors
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Rose Bowl: Washington Huskies vs Ohio State Buckeyes
Buckeyes and Huskies in Urban Meyer’s Last Game
The Washington Huskies and the Ohio State Buckeyes will on Tuesday in the Rose Bowl Game Presented by Northwestern Mutual. Washington will be looking to redeem a season that could have been, and Ohio State will be jacked for Urban Meyer’s last game on the sidelines (supposedly).
TV: 5 p.m. ET, ESPN. LINE: Ohio State -5.5; O/U: 54.5.
Urban Meyer gets to stalk the sidelines at the Rose Bowl on New Year’s Day in his final game as coach for fifth-ranked Ohio State. The Buckeyes face No. 9 Washington in the 105th edition of the game. Meyer announced he is stepping down as coach at the end of the season. The primary cause of the retirement is stress-related headaches stemming from a cyst on his brain. Offensive coordinator Ryan Day will take over for Meyer next season. Meyer has an 82-9 record and won the 2014 national title during seven seasons at the school.
The matchup between the Buckeyes and Huskies marks the first time the Big Ten champion and Pac-12 champion have met in the Rose Bowl since the College Football Playoff began in 2014. Both schools are making their 15th Rose Bowl appearances but have never met in Pasadena.
Ohio State wins games with a flashy offense. They are led by quarterback Dwayne Haskins Jr. The Huskies lean on a strong defense led by linebacker Ben Burr-Kirven, who was the Pac-12 Defensive Player of the Year. Haskins finished third in the Heisman Trophy voting. He set school records of 4,580 yards and 47 touchdown passes as the Buckeyes scored 40 or more points on eight occasions. They averaged 43.5 points per game. Burr-Kirven has racked up 165 tackles and forced four fumbles for a defense that allowed 15 or fewer points seven times. The unit only allowed 15.5 points per game.
This, That, and a Dart Throw
The Washington Huskies were 10-3 overall and 7-2 in the Pac-12 during the regular season. Quarterback Jake Browning is the school’s all-time leader in career passing yardage with 11,983 yards. He also has the record for touchdown passes with 94. He battled consistency issues this season. He passed for 2,879 yards and 16 touchdowns, with 10 interceptions this year. Running back Myles Gaskin is the program’s all-time leading rusher with 5,202 rushing yards. His 1,147 yards this season marked his fourth straight 1,000-yard season. Burr-Kirven, who is an All-American, gets help on the defensive side from cornerback Byron Murphy and junior safety Taylor Rupp. Murphy had four interceptions, while Rupp had two interceptions and five sacks.
The Ohio State Buckeyes were 12-1 overall and 8-1 in the Big 10 during the regular season. Haskins completed 70.2 percent of his passes in his first season as a starter. His top target is wideout Parris Campbell, who has 79 catches and 11 touchdowns. He is eight yards away from a 1,000-yard season. Running back J.K. Dobbins has 1,029 yards rushing and nine scores. Mike Weber has 858 yards and five scores, and split the ball-carrying duties with Weber. Weber has already announced he is leaving in favor of the NFL after the Rose Bowl. Defensive end Chase Young had 9.5 sacks, and defensive tackle Dre’Mont Jones added 8.5 sacks. They have enjoyed strong seasons ,but the leaky defense has allowed 200 points over the past six games. One of the shaky outings was a 49-20 loss to Purdue. That loss eventually caused Ohio State to be bypassed by the College Football Playoff committee.
PREDICTION: Ohio State 37, Washington 30
Rose Bowl Game Trends
Ohio State Buckeyes Trends
Trend Under is 4-1 in Buckeyes last 5 bowl games as an underdog. Hit % 80.00% (5) O/U 1|4 Push 0 W/L
Over is 6-1 in Buckeyes last 7 games as an underdog of 3.5-10.0. 85.70% (7) 6|1 0
Over is 13-5 in Buckeyes last 18 games as a favorite of 10.5 or greater. 72.20% (18) 13|5 0
Over is 4-1 in Buckeyes last 5 games as an underdog. 80.00% (5) 4|1 0
Washington Huskies Trends
Trend Under is 4-0 in Huskies last 4 games as an underdog of 10.5 or greater. Hit % 100.00% (4) O/U 0|4 Push 0 W/L
Under is 6-1 in Huskies last 7 neutral site games as a favorite. 85.70% (7) 1|6 0
Under is 5-1 in Huskies last 6 neutral site games as a favorite of 3.5-10.0. 83.30% (6) 1|5 0
Under is 8-3 in Huskies last 11 games as a favorite. 72.70% (11) 3|8 0
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Previous: Fiesta Bowl: LSU Tigers vs UCF Knights
Next: Sugar Bowl: Texas Longhorns vs Georgia Bulldogs
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The Operation of the Modern Financial Markets for Stocks and Bonds and its Relevance to an Islamic Economy
Published in Economics and Business
The purpose of this paper is to analyze the structure and the operation of both the primary and the secondary markets for stocks and bonds, including the use of options, warrants, and rights in the securities market of a modem economy, such as the United States, with a view to ascertain which of these securities might be permissible to invest in under an IsIamic economic system. Section I starts with a brief description of the nature and operation of the primary and the secondary markets for securities. It then describes the nature and scope of each type of security in terms of risks and returns to the issuer and the investor. Section 11 starts with an interpretation of the Islamic injunctions with respect to trade and investment. It then proceeds to examine the extent and conditions under which investment in particular securities may be permissible under an Islamic Economic System. Section 111 summarizes the results of the study and concludes with some tentative suggestions.
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Iran: Labour Activist Stages Indefinite Hunger Strike
Previous Article French Mayors Call for Investigation by International Commission of Inquiry RE: #1988Massacre in Iran
Next Article Iran: The Statement of a Group of Political Prisoners and Call to Prosecute Perpetrators of #1988Massacre
Workers' Syndicate of the Tehran and Suburbs Bus Company said on Wednesday, 16 August 2017 that Reza Shahabi, an imprisoned member of this labour union was on hunger strike in Rajaei Shahr (Gohardssht) prison in Karaj.
A report published on the Telegram page of the syndicate indicates that Mr. Shahabi has started his hunger strike eight days ago. A close friend of this labour activist also confirmed his hunger strike in a conversation with Radio Farda.
Earlier, according to the Syndicate of Tehran and Suburbs Bus Company, the Iranian regime's prosecutor informed Mr. Shahabi's wife that the labour activist had to stay in jail for another 17 months.
Reza Shahabi in a new file that the Syndicate of Workers of Tehran and Suburbs Bus Company calls it “file making or framing” has been sentenced to one year in prison. Meanwhile, the Prosecutor's Office has considered as “absence” the five months medical leave that Mr. Shahabi took with the approval of the forensic.
Following the pressures imposed by the prosecutor's office to return him to prison, Reza Shahabi introduced himself to the Rajaei Shahr prison in Karaj on August 9. According to reports, judicial authorities have repeatedly pressured this labour activist in the past year to return to jail.
Mr. Shahabi was detained by security guards on 12 June 2010, and after 19 months in solitary confinement in Ward 209 of Evin Prison, he was sentenced to six years in prison by the Islamic Revolutionary Court, five years deprivation of union activities and 7.5 million Toman (~$2500) fine.
According to the Syndicate of Workers of Tehran and Suburbs Bus Company, “Reza Shahabi was seriously hurt by the neck and waist due to injuries sustained by the security forces’ violence and mistreatment during arrest, as well as lengthy and overwhelming interrogations.”
Reza Shahabi Workers' Syndicate of the Tehran and Suburbs Bus Company Radio Farda
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The Ben Gamla Charter School
Is, in my opinion, doing something good: they're teaching, right here in Broward County, the Hebrew language, and letting the students receive instruction in one regular class (science, math) per day in Hebrew. I' m not a fan of the "charter school" system (why below), but I think it's a great idea for a public school to serve its community in this way.
“It’s not a religious school,” said Peter Deutsch, a former Democratic member of Congress from Florida who started Ben Gamla and hopes to replicate it in Los Angeles, Miami and New York. “South Florida is one of the largest Hebrew-speaking communities in the world outside Israel, so there are lots of really good reasons to try to create a program like this here.”
Mr. Deutsch said Ben Gamla, named for a Jewish high priest who established free universal schooling in ancient Israel, received 800 applications in one week this summer. About half of the applications were from adjacent Miami-Dade County, but the school admitted only Broward County residents, ensuring that almost everyone from the county who wanted to attend could do so.
School officials have not asked students whether they are Jewish, Rabbi Siegel said, but 37 percent of parents identified Hebrew as their first language. Seventeen percent said Spanish was their primary language, he said, while 5 percent said Russian and 5 percent said French.
The school has a handful of black students, including members of a Baptist church that provides their transportation to and from the school.
There's nothing that improves a person quite like full-on foreign-language instruction. Learning to re-equate thoughts in a new alphabet and syntax has all the mental benefits of chemistry and math, and the added benefit of allowing people to connect with more total humans on earth, which I see as a prima facia good.
However, I also think it's worth their while to go through this painful period of national examination in which they will be forced to undertake the difficult task of removing all references to religion from their curriculum.
Rabbi Siegel said the school was proceeding with such extreme caution that even a neutral mention of religion was unlikely. The sign outside Ben Gamla was going to include a Hebrew phrase for “welcome,” Rabbi Siegel said, but because the literal translation is “blessed are those who come,” he decided against it.
“Even basic things, like if there was a page that had a picture of a shofar, I pulled it out,” Rabbi Siegel said, referring to the ram’s horn used in High Holy Day services. “We went so far overboard, it’s crazy.”
The school board rejected Ben Gamla’s first two Hebrew curriculum proposals after finding they included religious references. The second, which relied on a textbook titled “Ha-Yesod,” asked students to translate phrases like “Our Holy Torah is dear to us” and “Man is redeemed from his sins through repentance.”
Rabbi Siegel said the school would have omitted such phrases from lessons.
I think it is awesome that they are being put under this level of scrutiny, and being forced to respond in this way. This process might just result in the world's first fully-secularized Hebrew instruction curriculum. And that is a very good thing. But perhaps I should now stop praising the try and the conflict itself, and get to why I do not in general like charter schools.
Allan Tuffs, the rabbi at Temple Beth El in Hollywood, said he, too, was worried about the school and what it could lead to. “Jews have thrived in America as in no other nation,” Rabbi Tuffs said, “in large measure due to this concept of separation of church and state.”
He added, “Once a Jewish school like Ben Gamla is established, you know that fundamentalist Christian groups throughout America will be lining up to replicate this model according to their religious tradition.”
The only other charter school I have experience with is the one that my niece and nephews must go to because they live in Red River New Mexico, a very remote town with a very small charter school. It IS a Christian school. End of story. The 400 people in that small town wanted a Christian school for their kids, and they wanted the government to pay for it. And that's exactly what they got. My brother tried to raise his kids atheist and was absolutely run over roughshod -- they even taught his kids the "proper way to pray": how to hold the hands and pose the head and whatnot -- by this stupid Christian school. Rabbi Tufts obviously doesn't know this, but Ben Gamla is being discriminated against for being non-Christian. All over America Christianity is being slopped all over children at charter schools, and no one gives a damn.
Which is my last, and final reason that I like the Ben Gamla school: there might result from this conflict a national strategy for the regulation of charter schools, for keeping religious education from being paid for by all-of-us, and that would also be a very good thing.
Labels: Ben Gamla, charter schools, Hebrew education, separation of church and state
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Cajun culture
Lafayette fundraiser set to complete ambitious ‘First Cousins’ Cajun/Creole music docu
July 25, 2016 July 25, 2016 Jim
Courtesy of First Cousins Film
Lafayette, La.-based folklorist Moriah Istre’s ambitious eight-year documentary project, First Cousins: Cajun and Creole Music in South Louisiana, is almost finished.
The 51-minute film only needs final editing, promotion and distribution, the costs for which will be sought via a GoFundMe campaign commencing shortly. Meanwhile, Istre is holding a “FUNdraiser/Unveiling” Aug. 4—appropriately at Lafayette’s 23-acre Vermilionville museum/folklife park, which showcases the regional Acadian, Native American and Creole culture of 1765-1890.
The First Cousins movie trailer and its forthcoming DVD cover artwork will be shown for the first time at the Vermilionville event.
“We’re really excited about the First Cousins Film FUNdraiser and Unveiling, because the audience there will be the very first to view the trailer, watch artist Tony Bernard unveil his DVD cover artwork, and enjoy music by [Zydeco great] Geno Delafose and French Rockin’ Boogie–with special guest Goldman Thibodeaux,” says Istre, who directed and produced the film with her sister Elista Istre acting as assistant director and historian. The sisters both earned doctorates in Arkansas State University’s Heritage Studies Ph.D. Program in Jonesboro, during which they were heavily involved in the Johnny Cash Boyhood Home restoration project in the nearby farm community of Dyess.
“In a time of national crisis where cities are being torn apart by violence, we are fortunate to be in a place where we can stand together and celebrate our similarities instead of criticizing our differences,” notes Elista, who like her sister hails from Lafayette. “As Cajuns and Creoles, we are family. We stand united as family in celebration of the rich cultural heritage we share. Regardless of how we came to Louisiana, whether through the historical [Cajun] Acadian Exile or the [Creole] African Diaspora, we are here now. We made the best of what we had to work with and we have thrived for the last three centuries. We are, in fact, ‘First Cousins.’”
First Cousins: Cajun and Creole Music in South Louisiana, then, explores the rich, interrelated musical traditions of the region’s French-speaking peoples, which traces back to Africa, Europe and French Canada over the past 300 years.
“A little too distant for siblings, these communities and their music are surely related enough to be considered first cousins,” explains Moriah, echoing her sister. “Our Cajun and Creole ancestors did not choose Louisiana. Forced here by tragedy, either through the Acadian Exile or the African Diaspora, they made this place home: They made the best of what they had, and here we are today because of them–and very proud of who we are.”
Adds Elista: “We are all part of the same family tree. Many of us are Cajuns or Creoles or a mixture of both, and our music reflects our shared heritage.”
D.L. Menard (Photo courtesy of First Cousins Film)
The featured musicians in First Cousins are Delafose, Jeffery Broussard, Rockin’ Dopsie, Jr., Thomas “Big Hat” Fields, Terry Huval, D.L. Menard, Steve Riley, Wayne Toups, Cedric Watson, Lil’ Nathan Williams, Nathan Williams, Sr. and Creole accordion player Goldman Thibodeaux—Moriah’s “adopted papaw [grandfather],” who turns 84 on Aug. 5, the day after the Vermilionville event.
“He’s the most gentle soul you’ll ever meet, and I’m in constant communication with him,” says Moriah, “and he’s the last living legend playing ‘La La music’–the roots of modern day Zydeco. I’d visit him all the time in Lawtell—where he lives—and one day he told me, ‘Cajun and Creole music are cousins,’ and I said, ‘Well, Papaw, you just named the film!’”
Thibodeaux was actually the reason Moriah pursued her doctorate, in addition to being the inspiration for the documentary.
“He told stories about when he was a kid and seeing Amadie Ardoin play at house parties—and it blew my mind!” she continues, invoking the pioneering Creole accordionist, who recorded in the 1920s and ‘30s. “I felt I’d be selfish if I kept it all to myself, because he’s the only one around who remembers it—and there aren’t many living legends left.”
But First Cousins, Moriah adds, “turns into something a lot bigger.”
“My initial goal was to get Papaw’s stories on film. Using a tape recorder is one thing, but film reaches a bigger audience. It grew into a really cool film that not only describes the history of Cajun and Creole music, but provides the context for both music genres in a different way than other films: We really wanted to address not just the Acadian story but the African Diaspora.”
And again echoing Elista, Moriah observes that First Cousins is “being released at a time when the country is being torn apart by violence and racial animosity. With the film title and the fundraiser, we’ll definitely be celebrating our similarities and not criticizing our differences!”
The Vermilionville event was chosen specifically to coincide with Thibodeaux’s birthday, and will also involve merchandise for sale, a silent auction and sponsorshiop opportunities. It will be followed by the First Cousins premiere on Oct. 13 at Angelle Hall on the University of Louisiana campus in Lafayette.
Lake Martin (Photo: Ezra Istre)
Music, News Acadiana, Amadie Ardoin, Cajun culture, Cajun music, Creole culture, Creole music, documentaries, Elista Istre, Gino Delafose, Lafayette, Moriah Istre, music films, Steve Riley, Vermilionville, Wayne Toups, Zydeco 2 Comments
Jillian Johnson: An appreciation
No sooner had President Obama told the BBC that his failure to pass “common sense gun safety laws” has been the greatest frustration of his presidency, the TV news outlets were stuck on the latest episode of what is so wrongly called “senseless” gun violence. After all, when anybody can get a gun, it makes all the sense in the world that sickos will use them indiscriminately, if not with discrimination.
“If you look at the number of Americans killed since 9/11 by terrorism, it’s less than 100. If you look at the number that have been killed by gun violence, it’s in the tens of thousands,” Obama said, before he had the chance to add two more victims to the tally. Of course, with those numbers and the every week if not every day frequency, it’s only a matter of time before a gun killing episode would hit close to home, if not home itself.
I knew it was my time as soon as I saw that last night’s killings took place in Lafayette, Louisiana, the heart of Acadiana–Cajun country. I used to go there once a year on my way to Eunice, to enjoy the gracious Cajun hospitality and traditions of dear friends Marc and Ann Savoy and their equally wonderful and talented children Sarah, Joel, Wilson and Gabrielle. Lafayette’s the biggest town in Acadiana, but small enough for anyone to know at least someone I know. In the case of Jillian Johnson, sadly, it was many.
“It’s sad that we have to lose someone and after they’re gone, we tell them how amazing and inspiring they were to us, words that they’ll never see or hear,” wrote Wilson Savoy on Facebook, about his friend Jillian, one of the two shot to death by the hate-filled lunatic at Lafayette’s Grand 16 movie theater. She was 33.
“I met Jillian in 2003 and she changed my life forever,” continued Wilson, a Cajun accordion whiz like his father, and a Grammy winner, with Wayne Toups and Steve Riley, for the album The Band Courtbouillon, which was released by his older brother Joel in 2011 on his Valcour Records label. “She inspired me more than anyone else in my younger years, and I wish I had told her what an amazing person she was before it was too late. Before her show last Saturday, before she jumped on stage with The Figs, we stood together on the side of the stage at Blue Moon and chatted all about the past and the future, about her grand plans for projects, renovations, exciting new stuff. Never a dull moment with Jillian. I never said it in the past, but I’ll say it now. Thank You Jillian. I love you.”
His mom Ann, a Cajun music historian and Grammy-nominated artist who performs with numerous bands and artists including Linda Rondstadt, the Magnolia Sisters, the Savoy Doucet Cajun Band and the Savoy Family Band, echoed him: “Yes if only I had seen her recently or if only I had told her more about how amazing she was, everyday…but she knew how we felt, I’m sure..world sadder without her existence…Wilson, that was so well said….” Later, on a burgeoning Remembering Jillian Johnson Facebook page, she added: “Of all the people in the world, why did this one truly astonishing young woman have to go? Brilliant photographer, artist, designer…fun and funny person…gorgeous…I love her so much…goodbye, young friend….”
Sister Sarah Dover Savoy Gonzales, a musician and cookbook author, now living in France, wrote, “Jillian? Don’t be hurt too badly. Please don’t be dead. I just woke up to this news. You’re the closest female friend I ever had.” Speaking to Wilson, she later posted: “We used to joke that she’d marry you…and we’d all live on a farm together.”
Brother Joel, who has also played in numerous bands including the Red Stick Ramblers, wrote: “Makes me think about the early days of the Red Stick Ramblers at LSU. How many times did we stand in front of Jillian Johnson’s camera playing music or goofing off. Her being gone now makes me realize how all those moments she captured are also long gone–the band, that goofy light-hearted easy friendship, busking on campus…. What Id give to stand in front of that camera again and pose for my friendly nemesis. Rest in Peace J”
And from Joel’s wife Kelli Jones-Savoy, currently on the road with the acclaimed progressive Cajun band Feufollet: “So sad and heartbroken to hear about the awful happenings in a city I love so much, and heartbroken to hear our loss of such an amazing woman. Jillian Johnson was an inspiration and a beautiful person. Sending love to everyone and wishing I wasn’t so far from home right now.”
According to New Orleans’ OffBeat Magazine, Jillian had come to Lafayette from Tennessee and embedded herself in the local music scene. She did promotional work for bands including the Red Sticks, documented Acadiana’s music and formed a wonderful old-timey, all-female string band, The Figs–which I’m sure I saw. She was a big supporter of leauxcal music and businesses and owned two of them, the design and apparel stores Parish Ink and The Red Arrow Workshop. Her motto was “Be nice, do good work, try hard, listen, love.”
On Facebook, director/writer Tom Krueger, who made the 2007 Red Stick Ramblers “Made in the Shade” video, wrote: “So random, senseless, and devastating. What a huge loss. One of our dearest and brightest. Jillian was a huge part of why I moved to Lafayette. I’ll never forget the moment I met her, at Festivals Acadiens, just so full of life, joy, and style. Then, this person I hardly knew, jumped head first into the making of the Red Stick Ramblers video, organizing all the costumes and extras and so much more. I thought, if this community is filled with people like her, I want to live here. So, I did. Since that time I would come to know one of the most creative and interesting forces in Lafayette, not to mention our extended community, around the country and beyond. What an amazing and beautiful woman. She will be greatly missed.”
Krueger concluded: “It makes you realize the need to reach out to those we love and show them so, and reach out to those who are so full of hate and just try to show them another way…Every day. Every moment. We will love you always and miss you so much, Jillian. xoxox”
Music Ann Savoy, Cajun culture, Cajun music, Feufollet, gun control, Jillian Johnson, Joel Savoy, Lafayette shooting, President Obama, The Figs, Wilson Savoy 3 Comments
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Tough Times in Northridge
I should have listened to Deeya and just waited for her healing powers to help my hips Instead I listened to the doctor, David Feingold, who made it sound like an easy operation with little risk.
But now, five days after the operation, there have been several setbacks.
First, it is almost a painful now to move that leg as 5 days ago. I have made little progress.
The leg is swollen 40% and hurts. I can feel the new metal hip within me.
My hospital room is quite noisy for 18 hours a day and is in an old section of the hospital. The heating system is having problems dealing with a 107 F temperature.
I am hot, sweaty, hedydrated, dizzy and constipated.
My pre-diabetes has turned into out of control diabetes with insulin.
Now they want to send me to a rehab facility for more physical therapy, but I only want to go home.
I have only had 3 visitors over the past 5 days.
Everyone implies with my poor ability to walk, it would be dangerous to go directly home
Posted by Ed Muzika at 4:59 PM 9 comments: Links to this post
Feeling Fine!
Lots of screw ups yesterday at the hospital. Four people were scheduled for total hip replacements that day using the frontal approach. But there was only one table available for that procedure, which is not a standard table. So I laid in pre-op from 7:15 AM until 2:30 PM. Seven hours!
I was given ample opportunity to practice my own recommendations of just staying still while emotions and pain went through me.
The last thing I remember was talking to the anesthesiologist prior to the spinal anesthetic. He had put some other anesthetic into my IV and at some point, I went unknowingly into medical samadhi.
I woke up at about 4:30 PM with a mild pain in my right hip that went away after about 2 hours and went to sleep at 10 PM.
Next morning I awoke at 5 AM with no pain, and absolutely glowing well-being thanks to all of you out there sending good wishes and energies.
I am on a pain pump, but surprisingly, almost totally without pain, which is very unusual, and not a drop of blood on the dressing.
They may try to kick me out on Friday because I am doing so well, but asked for Saturday for an additional vacation day.
Thank you all out there for your emotional and financial support, healing energies, and love.
Posted by Ed Muzika at 11:09 AM 6 comments: Links to this post
I have heard it said that 71 people awakened under Ramana during his 50 years of teaching. Considering that he had tens of thousands of students over that 50 years, we are talking of a “success” rate of maybe 1 or 2 out of a thousand.
Papaji, on the other hand, turned Raman’s teachings upside down, completely lowered the criteria for claiming awakening, and declared hundreds as awakened or teachers.
Robert was even stricter than Ramana, claiming that you could count on the fingers of two hands all the enlightened beings in the world.
From my experience, I have seen very few students with the openness or fortitude and courage necessary to become an actual teacher, rather than just awakened.
So many are just totally adverse to feeling negative feelings that they will never awaken.
Many, even teachers, want to wrap themselves in peace, or love, silence, or emptiness and wrap their students into this same bubble, which gradually becomes an absence of any negative emotion, and they feel this is an awakening of some sort.
It is not. It is an Advaita escape into silence or emptiness with a bit of forced love, and Facebook lovespeak.
For you will never find God’s love, the hyper-human, all encompassing, all-liberating, explosive love, that is true freedom, without owning the flipside hell of hate, anger, jealousy, possessiveness, fear and periods of deadness known as the various Dark Nights of the Soul, where one loses God and love.
Now, no one under a real teacher has an easy time unless, like Robert, they were already awakened.
Real teachers, those who can shock you into awakening are not placid Ramanas who you sit around for 40 years until 1/10th of 1% awaken.
Real teachers are tigers, even those who appear loving, accepting and open on the surface, to the general public and casual satsang goer.
People ran from Robert because he burned them. Students wanted to be around his quiet, peaceful exterior, thinking this is where they should be and this is the goal.
But Robert was always in the background stirring up dissent between people and denying whatever they believed was true. He burned students. He always referred to Yogananda, who asked him after he had been with Yogananda for a while, “Will you still love me and stay with me no matter what I do?” Robert said yes, even while wondering what Yogananda had in mind of doing.
Yogananda would treat each student differently, depending on circumstances and what they needed to get a bit more humble and loving.
Other great gurus that I have been around were the same. Everyone close to Muktananda was terrified of him, of his explosive personality, yelling, berating and apparent anger at one moment, and then the blissful, laughing guru of another moment.
Ama, the supposed perfect guru terrifies her own monks. I remember one talk by her right hand monk, given maybe 25 years ago. He said something like, “You people out there who only see Ama once a year, or maybe come to satsangs weekly, see only peace, love and compassion. But try being around Ama every day. She burns you with emotionality and demands of physical and emotional endurance that few can tolerate.
Seung Sahn Soen Sa, perhaps the most famous of the first generation of Asian Zen masters was really ruthless and unconcerned with many of his monks. He would scream at monks, supporters, abbots and lay people insiders as much as speak softly. When I was in Korea, I was told that one who interfered with any of his major supporters would have their balls cut off.
Of course one needs only to look at one photo of Nisargadatta to see what a no-nonsense guru he was, and how intolerant he could be with casual seekers or those full of themselves. He ate students alive.
Yet most of the students that have come to me, except those who were true bhaktis, were runners. They would run at the slightest sign of what they considered “disrespect,” or anger, calling me abusive. Rather than face and express and “process” their reactions, they would run. Often they ran to Rajiv because of his “respectful silence,” or they ran to Deeya, because of Deeya’s uncanny ability to radiate peace and love.
A few found a new book to read which suddenly made sense to them after being around me, because being around me, nothing made sense any more. The new book gave them something secure to hold onto, and then they began arguing with me based on their three years of experience, as to whose teachings were better, more universal, or truer.
Now, if you really want to feel positive and even happy for a period, perhaps even be blissful for long periods of time, go to Facebook with its ever flowing hearts, soft-speak, pleasant-speak, and beautiful, uplifting poetry, and sometimes even uplifting poetry about struggling.
But you will NEVER find awakening in such shallow emotionality. You see, most people in spirituality are running from emotions, whether of anger, fear, jealousy, paranoia, either towards emptiness, silence and peace, or towards internal energies, bliss Kundalini, and love. This is what Facebook teachers mostly talk about. A few talk about the need to do shadow work concerning your own hatred, judgmentalism, jealousy, authoritarianism, etc. But not many talk about the plain day to day pain or the suffering they feel, the deadness, depression or anger.
You see, the way I teach is to own that anger, depression, sadness, hatred, jealousy, feel it 100% to incorporate that emotional energy into your practice which makes you come alive. And on the other side of all strong emotions is a river of bliss. Pass all the way through the emotions you are rejecting and you will find increased life and bliss.
You are either a sticker or a runner. Runners may become stickers once they are fed up with running, avoiding, and superficial kindness, acceptance, and good feelings, and are ready to dive into the darkness and pain inside. Don’t fear the pain. Don’t fear depression. Don’t fear loss. Don’t fear separation. Don’t fear your own anger and hate. Dom’t fear jealousy and neediness. Fully accept your complete humanity, not just a fragile, good feeling emptiness or forced positive self-talk.
THEN you will be able to feel the real depths of transformative, divine love. This kind of love is rare and very scary at first. I have heard it said that most people never allow themselves to feel even 10% of the love for another they could feel from fear of the intensity of this kind of love.
In addition, you have to abandon any idea you have ever read about in spirituality and fight the urge to read new books looking for new teachings and concepts. You know, it is the hardest thing to escape past spiritual learning, and even harder to cast off the personal opinions you have had as to who and what you are. These are best lost by dwelling in emptiness for a while, seeing no purpose, no meaning, no truth in any concept. The old story of coming to a teacher: come with emptiness; come with an empty cup, with receptivity, and not as a challenge.
I hope all goes well for you, Edji, and that your hip pain will soon be gone.
I felt close to you at the last satsang, vey empathetic with the issues of love and loss. Strangely, whenever your mike was on, when you were speaking, your heartbeat was softly audible in the background! That was interesting and sort of sweetly intimate - to be aware of the throbbing of life we all share, and our physical vulnerability.
I have been following you for two years now, through the chaos and changes in your sangha. Even though you don't communicate with me directly, I have understood so much! Especially important was and IS the effect of living without concepts. Amazing. Please carry on.
I hope to be able to talk with you some day.
Me: Beautiful! We can skype if you want. I'll have wifi in the hospital beginning Thursday.
Posted by Ed Muzika at 10:52 AM No comments: Links to this post
I will be in the hospital and thus out of touch for three of four days beginning Wednesday, June 26.
Surgery is on Wednesday.
I should be home by Saturday. Visitors welcome the following week. You can watch me hobble around the house and bitch about Obama and the coming police state.
Posted by Ed Muzika at 9:04 AM 11 comments: Links to this post
The Oppressiveness of the Obama Administration--Glen Greenwald
Prior to Barack Obama's inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That's because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now sevensuch prosecutions: more than double the number under all prior US presidents combined. How can anyone justify that?
For a politician who tried to convince Americans to elect him based on repeated pledges of unprecedented transparency and specific vows to protect "noble" and "patriotic" whistleblowers, is this unparalleled assault on those who enable investigative journalism remotely defensible? Recall that the New Yorker's Jane Mayer said recently that this oppressive climate created by the Obama presidency has brought investigative journalism to a "standstill", while James Goodale, the General Counsel for the New York Times during its battles with the Nixon administration,wrote last month in that paper that "President Obama will surely pass President Richard Nixon as the worst president ever on issues of national security and press freedom." Read what Mayer and Goodale wrote and ask yourself: is the Obama administration's threat to the news-gathering process not a serious crisis at this point?
Few people - likely including Snowden himself - would contest that his actions constitute some sort of breach of the law. He made his choice based on basic theories of civil disobedience: that those who control the law have become corrupt, that the law in this case (by concealing the actions of government officials in building this massive spying apparatus in secret) is a tool of injustice, and that he felt compelled to act in violation of it in order to expose these official bad acts and enable debate and reform.
But that's a far cry from charging Snowden, who just turned 30 yesterday, with multiple felonies under the Espionage Act that will send him to prison for decades if not life upon conviction. In what conceivable sense are Snowden's actions "espionage"? He could have - but chose not - sold the information he had to a foreign intelligence service for vast sums of money, or covertly passed it to one of America's enemies, or worked at the direction of a foreign government. That is espionage. He did none of those things.
What he did instead was give up his life of career stability and economic prosperity, living with his long-time girlfriend in Hawaii, in order to inform his fellow citizens (both in America and around the world) of what the US government and its allies are doing to them and their privacy. He did that by very carefully selecting which documents he thought should be disclosed and concealed, then gave them to a newspaper with a team of editors and journalists and repeatedly insisted that journalistic judgments be exercised about which of those documents should be published in the public interest and which should be withheld.
That's what every single whistleblower and source for investigative journalism, in every case, does - by definition. In what conceivable sense does that merit felony charges under the Espionage Act?
The essence of that extremely broad, century-old law is that one is guilty if one discloses classified information "with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation". Please read this rather good summary in this morning's New York Times of the worldwide debate Snowden has enabled - how these disclosures have "set off a national debate over the proper limits of government surveillance" and "opened an unprecedented window on the details of surveillance by the NSA, including its compilation of logs of virtually all telephone calls in the United States and its collection of e-mails of foreigners from the major American Internet companies, including Google, Yahoo, Microsoft, Apple and Skype" - and ask yourself: has Snowden actually does anything to bring "injury to the United States", or has he performed an immense public service?
The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of "espionage". It seems clear that the people who are actually bringing "injury to the United States" are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens - and those who are lying to the American people and its Congress about what they're doing - rather than those who are devoted to informing the American people that this is being done.
The Obama administration leaks classified information continuously. They do it to glorify the President, or manipulate public opinion, or even to help produce a pre-election propaganda film about the Osama bin Laden raid. The Obama administration does not hate unauthorized leaks of classified information. They are more responsible for such leaks than anyone.
What they hate are leaks that embarrass them or expose their wrongdoing. Those are the only kinds of leaks that are prosecuted. It's a completely one-sided and manipulative abuse of secrecy laws. It's all designed to ensure that the only information we as citizens can learn is what they want us to learn because it makes them look good. The only leaks they're interested in severely punishing are those that undermine them politically. The "enemy" they're seeking to keep ignorant with selective and excessive leak prosecutions are not The Terrorists or The Chinese Communists. It's the American people.
The Terrorists already knew, and have long known, that the US government is doing everything possible to surveil their telephonic and internet communications. The Chinese have long known, and have repeatedly said, that the US is hacking into both their governmental and civilian systems (just as the Chinese are doing to the US). The Russians have long known that the US and UK try to intercept the conversations of their leaders just as the Russians do to the US and the UK.
They haven't learned anything from these disclosures that they didn't already well know. The people who have learned things they didn't already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true. What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.
And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures. What has been "harmed" is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability. If anything is a crime, it's that secret, unaccountable and deceitful behavior: not the shining of light on it.
http://www.guardian.co.uk/commentisfree/2013/jun/22/snowden-espionage-charges
With regard to Edward Snowden, Hong Kong government tells Obama regime, "Fuck You!"
HKSAR Government issues statement on Edward Snowden
The HKSAR Government today (June 23) issued the following statement on Mr Edward Snowden:
Mr Edward Snowden left Hong Kong today (June 23) on his own accord for a third country through a lawful and normal channel.
The US Government earlier on made a request to the HKSAR Government for the issue of a provisional warrant of arrest against Mr Snowden. Since the documents provided by the US Government did not fully comply with the legal requirements under Hong Kong law, the HKSAR Government has requested the US Government to provide additional information so that the Department of Justice could consider whether the US Government's request can meet the relevant legal conditions. As the HKSAR Government has yet to have sufficient information to process the request for provisional warrant of arrest, there is no legal basis to restrict Mr Snowden from leaving Hong Kong.
The HKSAR Government has already informed the US Government of Mr Snowden's departure.
Meanwhile, the HKSAR Government has formally written to the US Government requesting clarification on earlier reports about the hacking of computer systems in Hong Kong by US government agencies. The HKSAR Government will continue to follow up on the matter so as to protect the legal rights of the people of Hong Kong.
Ends/Sunday, June 23, 2013
Posted by Ed Muzika at 9:39 AM No comments: Links to this post
U.K. Mass Surveillance Worse Than U.S.
From the Guardian:
GCHQ taps fibre-optic cables for secret access to world's communications
Exclusive: British spy agency collects and stores vast quantities of global email messages, Facebook posts, internet histories and calls, and shares them with NSA, latest documents from Edward Snowden reveal
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Ewen MacAskill, Julian Borger, Nick Hopkins, Nick Davies and James Ball
guardian.co.uk, Friday 21 June 2013 12.23 EDT
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Secret document detailing GCHQ's ambition to 'master the internet'
Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).
The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.
One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.
GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.
This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.
The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history".
"It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."
However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.
Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.
By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.
UK officials could also claim GCHQ "produces larger amounts ofmetadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)
By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.
The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".
When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was "your call".
The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQdatabases.
The documents reveal that by last year GCHQ was handling 600m "telephone events" each day, had tapped more than 200 fibre-optic cables and was able to process data from at least 46 of them at a time.
Document quoting Lt Gen Keith Alexander, head of the NSA, during a visit to Britain
Each of the cables carries data at a rate of 10 gigabits per second, so the tapped cables had the capacity, in theory, to deliver more than 21 petabytes a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours.
And the scale of the programme is constantly increasing as more cables are tapped and GCHQ data storage facilities in the UK and abroad are expanded with the aim of processing terabits (thousands of gigabits) of data at a time.
For the 2 billion users of the world wide web, Tempora represents a window on to their everyday lives, sucking up every form of communication from the fibre-optic cables that ring the world.
The NSA has meanwhile opened a second window, in the form of thePrism operation, revealed earlier this month by the Guardian, from which it secured access to the internal systems of global companies that service the internet.
The GCHQ mass tapping operation has been built up over five years by attaching intercept probes to transatlantic fibre-optic cables where they land on British shores carrying data to western Europe from telephone exchanges and internet servers in north America.
This was done under secret agreements with commercial companies, described in one document as "intercept partners".
The papers seen by the Guardian suggest some companies have been paid for the cost of their co-operation and GCHQ went to great lengths to keep their names secret. They were assigned "sensitive relationship teams" and staff were urged in one internal guidance paper to disguise the origin of "special source" material in their reports for fear that the role of the companies as intercept partners would cause "high-level political fallout".
The source with knowledge of intelligence said on Friday the companies were obliged to co-operate in this operation. They are forbidden from revealing the existence of warrants compelling them to allow GCHQaccess to the cables.
"There's an overarching condition of the licensing of the companies that they have to co-operate in this. Should they decline, we can compel them to do so. They have no choice."
The source said that although GCHQ was collecting a "vast haystack of data" what they were looking for was "needles".
"Essentially, we have a process that allows us to select a small number of needles in a haystack. We are not looking at every piece of straw. There are certain triggers that allow you to discard or not examine a lot of data so you are just looking at needles. If you had the impression we are reading millions of emails, we are not. There is no intention in this whole programme to use it for looking at UK domestic traffic – British people talking to each other," the source said.
He explained that when such "needles" were found a log was made and the interception commissioner could see that log.
"The criteria are security, terror, organised crime. And economic well-being. There's an auditing process to go back through the logs and see if it was justified or not. The vast majority of the data is discarded without being looked at … we simply don't have the resources."
However, the legitimacy of the operation is in doubt. According toGCHQ's legal advice, it was given the go-ahead by applying old law to new technology. The 2000 Regulation of Investigatory Powers Act (Ripa) requires the tapping of defined targets to be authorised by a warrant signed by the home secretary or foreign secretary.
However, an obscure clause allows the foreign secretary to sign a certificate for the interception of broad categories of material, as long as one end of the monitored communications is abroad. But the nature of modern fibre-optic communications means that a proportion of internal UK traffic is relayed abroad and then returns through the cables.
Parliament passed the Ripa law to allow GCHQ to trawl for information, but it did so 13 years ago with no inkling of the scale on which GCHQ would attempt to exploit the certificates, enabling it to gather and process data regardless of whether it belongs to identified targets.
The categories of material have included fraud, drug trafficking and terrorism, but the criteria at any one time are secret and are not subject to any public debate. GCHQ's compliance with the certificates is audited by the agency itself, but the results of those audits are also secret.
An indication of how broad the dragnet can be was laid bare in advice from GCHQ's lawyers, who said it would be impossible to list the total number of people targeted because "this would be an infinite list which we couldn't manage".
There is an investigatory powers tribunal to look into complaints that the data gathered by GCHQ has been improperly used, but the agency reassured NSA analysts in the early days of the programme, in 2009: "So far they have always found in our favour".
Historically, the spy agencies have intercepted international communications by focusing on microwave towers and satellites. TheNSA's intercept station at Menwith Hill in North Yorkshire played a leading role in this. One internal document quotes the head of the NSA, Lieutenant General Keith Alexander, on a visit to Menwith Hill in June 2008, asking: "Why can't we collect all the signals all the time? Sounds like a good summer project for Menwith."
By then, however, satellite interception accounted for only a small part of the network traffic. Most of it now travels on fibre-optic cables, and the UK's position on the western edge of Europe gave it natural access to cables emerging from the Atlantic.
The data collected provides a powerful tool in the hands of the security agencies, enabling them to sift for evidence of serious crime. According to the source, it has allowed them to discover new techniques used by terrorists to avoid security checks and to identify terrorists planning atrocities. It has also been used against child exploitation networks and in the field of cyberdefence.
It was claimed on Friday that it directly led to the arrest and imprisonment of a cell in the Midlands who were planning co-ordinated attacks; to the arrest of five Luton-based individuals preparing acts of terror, and to the arrest of three London-based people planning attacks prior to the Olympics.
As the probes began to generate data, GCHQ set up a three-year trial at the GCHQ station in Bude, Cornwall. By the summer of 2011, GCHQ had probes attached to more than 200 internet links, each carrying data at 10 gigabits a second. "This is a massive amount of data!" as one internal slideshow put it. That summer, it brought NSA analysts into the Bude trials. In the autumn of 2011, it launched Tempora as a mainstream programme, shared with the Americans.
The intercept probes on the transatlantic cables gave GCHQ access to its special source exploitation. Tempora allowed the agency to set up internet buffers so it could not simply watch the data live but also store it – for three days in the case of content and 30 days for metadata.
"Internet buffers represent an exciting opportunity to get direct access to enormous amounts of GCHQ's special source data," one document explained.
The processing centres apply a series of sophisticated computer programmes in order to filter the material through what is known as MVR – massive volume reduction. The first filter immediately rejects high-volume, low-value traffic, such as peer-to-peer downloads, which reduces the volume by about 30%. Others pull out packets of information relating to "selectors" – search terms including subjects, phone numbers and email addresses of interest. Some 40,000 of these were chosen byGCHQ and 31,000 by the NSA. Most of the information extracted is "content", such as recordings of phone calls or the substance of email messages. The rest is metadata.
The GCHQ documents that the Guardian has seen illustrate a constant effort to build up storage capacity at the stations at Cheltenham, Bude and at one overseas location, as well a search for ways to maintain the agency's comparative advantage as the world's leading communications companies increasingly route their cables through Asia to cut costs. Meanwhile, technical work is ongoing to expand GCHQ's capacity to ingest data from new super cables carrying data at 100 gigabits a second. As one training slide told new users: "You are in an enviable position – have fun and make the most of it."
SATSANG TODAY, SATURDAY JUNE 22, 6PM
satsangwithedji.weebly.com
passoerd: edji used two times
Sex Guru or Love-Emptiness, Advaita Teacher?
Some people seem to be saying that I emphasize sex too much, or that I have become an energy guru, whatever that means.
I am truly a teacher of Advaita as were my own teachers, Robert Adams and Jean Dunn. However, I also was a Zen monk for 12 years and heavily emphasize the knowing or realizing of emptiness or the Void in its various aspects as part of the awakening process. The original Advaitins of the 11th Century never talked about emptiness or the Void, but Robert did as do all Zen teachers and most Buddhist teachers.
Also, Jean’s teacher, my grandteacher, Nisargadatta, emphasized love and devotion both in his method of following and loving the I Am, but he was was almost a pure Bhakta prior to his awakening in the 1930s.
He talks about his own practice of love and devotion that led to Self-Realization and attaining Krishna-Consciousness in his little book, “Self-Knowledge and Self-Realization” downloadable from the website http://wearesentience.com. He also talks a little about ecstatic energies and bliss.
Combine this background with my third awakening experience that occurred when I fell in love with another person. That love was not sexual, it was, for me, loving love itself, becoming love itself, worshipping love and surrender and complete devotion to the other, complete surrender to the other. Nor were the experiences associated with it usually explicitly sexual for me.
This awakening led to a tremendous intensification of my experience of inner light and seeing the flow of love as an inner river of different colors, flowing through my “energy body,” an entity within the Subtle Body which has deep roots in Turiya, which also could be called the love/bliss body, a term used by same gurus, including Adi Da and Esmann, though the latter uses it differently.
There was a growing awareness of myself in utter humility, utter surrender to the ‘other’, both in her person-hood, but also as the Self in her that led to an awareness and then worship of the ‘Self of All’ in me. That is, I first became aware of the ‘divine self’ in her, even before I was aware of it in me.
With this there was a constant state of feeling utterly humble, utterly surrendered to her, to the divine within her and within me, with increasing intervals of feeling smaller than an ant, smaller than a grit of sand, smaller than a dust mote, utterly worthless, wanting only to support and worship God in her and around me everywhere.
Along with this feeling event or state, I felt a sublime descent of grace as a golden light, falling like rain within me and around me everywhere, becoming like a golden river descending through my head downwards into my heart and body.
This led to the arising of the Self in me as infinite light and power, arising within me and infusing me with divine energy, revealing in utter clarity my small self as the energy-body within and around my physical body, completely separate from the physical body, yet dependent of the body/mind complex for its existence. That small energy body self, was also just a splinter of the Infinite Self and was energized by the Infinite Self, joined in total oneness, yet as a separate, individualized expression of the Self of All.
On the other hand, the experience of sexual bliss is entirely unlike the bliss and ecstasies that arise as a result of being deeply in love and deeply devoted to an ‘other’, whether that ‘other’ is human, a god or goddess, an animal, guru, the I Am, or “Shakti.”
However, sex and tantra in general are highly useful in two ways: mobilizing the Kundalini-Shakti, and increasing the love-bonding between two people.
On the other hand, the physical expression of sex may sometimes be detrimental to the increase of an intense yearning for the beloved. If the emphasis is on the direct expression of physical sex, the emphasis may shift to the sex act itself and sexual bliss rather than for love of the other. On the other hand, as I said before, it can enhance love and boding between two people.
In addition, as I shall mention later, mobilizing sexual energies is usually a pre-requisite to an awakening of the Kundalini, but I am not a Kundalini teacher. For me it is about love, and the mobilizing of the various energies within the Subtle and Physical Body will take care of itself automatically given the presence of enough love.
Now, awakening to the internal energies is a mysterious thing. Is it an actual awakening to various internal energies, or a new awareness of energies that were always there?
When I first began practicing meditation in 1967, I did so with incredible intensity, focusing on finding the origin of the I-thought, which took me deeper and deeper into the inner emptiness. It was like always “pushing” forward into the darkness, pursuing the receding I-thought, going ever more deeply into the darkness, much like a diver going ever more deeply into ever darkening deep waters.
This resulted in the darkness gradually becoming lighted, revealing the inner light of Consciousness, which after a few months, pervaded the entirety of the inner Void revealed.
Along with this came an arising of the Kundalini in my spine, apparently in the wrong channel, the right channel instead of the central channel. It was an incredibly painful experience with all kinds of visions and sensitivities.
I began to be able to see in the dark and detect electromagnetic currents and fields around me. I could feel the life energies of plants and animals around me, and had a strange fear of the full moon. I also had the illusion of being impregnated and giving birth to a divine light infant. Every afternoon about 2 pm, I felt summoned inside by my deep Self that pulled me downwards into a huge bright light within that terrified me for I knew it meant death. There were many other happenings and visions. But there was no bliss at all.
All of these experiences totally disappeared once I went to Mt. Baldy and studied Zen under Sasaki Roshi. At that point, something else happened. After 5 minutes of Zen-style sitting in Padmaasana, my mind totally disappeared along with my body. It felt like my mind transited through a period of non-being altogether, then the mind flushed, like a toilet, and the mind disappeared downwards and away from me.
Even the experience of an inner emptiness disappeared and the boundary between me and the world disolved and there was only oneness. I and the world were one, but I was not aware of an I. There was just the world and it was me but without announcing I was it. That came later after I left the state.
This state happened many thousands of times over the next three or four years along with the continued absence of any further experiences of inner energy states. Yet, had they really disappeared and were no longer functioning either in my physical body or my small-self, the energy body? I don’t know. I was no longer aware of the energy body, inner light, Kundalini, etc. All these were considered Makyo, or illusory, in Zen, and the Zen style of sitting, and the Zen style or practice seemed to eliminate the energies in any perceivable form.
The reawakening to internal energies that occurred after I fell in love along with the arising of the Self within my experience that became a permanent presence of Self-Awareness-of-Self, made meditation automatic and permanent. The energies and bliss constantly drew the attention of Self to Self.
Now, to bring all this into an Advaita model, or at least the model presented by Siddharameshwar, we observe that he talks about the Absolute as being entirely beyond Consciousness, as what Western philosophy called the 'Noumenal' or the 'Unmanifest'. This is also called the thing in itself and is not as observed.
We, as the Absolute, cannot observe the Self as the Absolute and make it an object. This is the end of the line of seeking. We cannot witness or make the subject into an object; we can only BE the Absolute, and from that position, witness Consciousness.
That is, we recognize when we try to witness the subject, that it continually recedes from the witness. More and more of the unknown becomes known as a growing Void, but one’s own sentient source cannot be revealed.
Instead we need to relax and fall backwards into the witness, until, very suddenly we become it, and the manifest world appears before us, either as we usually perceive it with a sense of separation, or as I perceived it at Mt. Baldy, as my own boundless manifest presence.
Siddharameshwar warns us that the witness of Consciousness, in order to maintain ‘life’ needed to worship the Manifest, or Consciousness, or else dry up and become dead.
This was my own experience too. I saw in student after student around Robert and around me, that they “died” to life and as such, became lifeless. But unlike Robert said, they did not experience increasing bliss or happiness, but only deadness and depression.
Several of Robert students committed suicide when with him or shortly after leaving him. Many people have written to me that they too felt depressed and sometimes suicidal after practicing self-inquiry as directed by Robert and Ramana. That is why I changed the technique of self-inquiry from looking for the source of where the I-thought arose, which as emptiness, to loving the I Am sense, and abiding there with an attitude of openness and wonder about that feeling as opposed to pursuing the I-thought.
The “lowest level” or “deepest level” of Consciousness was Turiya in Siddharameshwar’s model, also known as the fourth state of Consciousness, whose experience was of “existence-knowledge-bliss,” or pure bliss and happiness. You have to realize this model is merely a metaphor, and there are no levels of consciousness, but you might say there among all things knowable, there are some phenomena that are more subtle and more hidden by the mind’s illusions. So Turiya may also be regarded as the our subtle essence, rather than the lowest or deepest level.
You might say that instead of Turiya being regarded as the deepest level of Consciousness, it can also be considered the manifest side of the Absolute, with the other three level of consciousness, the external world of the senses, the Subtle Body, and the Causal Body of the Void, being projections from the Absolute.
However, Zen, Robert Adams, Nisargadatta and Jean Dunn all eschewed such intellectualizations as distractions from the pure experience of the unfolding of our awakenings following a practice of self-inquiry or self-abiding. But intellectual people often require a model in words or images for what they are doing. Their minds require it, and by dwelling on the knowing, the unfolding is slowed.
None of the real awakening experiences or processes has anything to do with something the mind does, like a practice. In fact, it is the mind that has created all the illusions that prevent us from realizing our deeper Self-nature. Thus the constant checking of the mind, the constantly revising our understanding of what is happening, continual searching for explanation of what is unfolding or how to unfold better is a continual trap hindering the unfolding.
Thus many teachers recommend going into silence of the mind to allow us to “feel” the Self rather than think about it.
My emphasis is on loving the I Am, which Ramana, Robert, and Nisargadatta point out is the direct highway to the Self, to Turiya, the Mother of Consciousness, Krishna Consciousness. It is the Self, Turiya, leaking upwards into the Subtle Body and Causal Body, which, in meditation, we can then follow “downwards” to the lowest, or most refined aspects of Consciousness, SatChitAnanada, beingness.
This could be called the manifest side of the Absolute, with the other side being the unobservable subject or witness.
Thus, what I teach is pure Advaita, but with an emphasis of emptiness and love, with an acceptance of using awareness of the energies within, whatever they are called, to drag attention inwards to Self.
Posted by Ed Muzika at 6:01 PM 10 comments: Links to this post
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Category: English legal language and terminology
Reviewing a GR-EN/EN-GR legal glossary
By John O 'Shea on February 21, 2019 in Book Review, books on legal translation, English legal language and terminology, Greek legal language and terminology, Legal dictionaries, legal language, Legal terminology, Legal Translation, Μεταφράσεις νομικών κειμένων, Νομική μετάφραση
Ius et Translatum: English-Greek / Greek-English Legal Glossary – A review
Marta Chromá has written that “legal translation implies both a comparative study of different legal systems and an awareness of the problems created by the absence of equivalent concepts, legal institutions, terms and other linguistic units. As pointed out by Kischel … ‘the question in legal translation is not which translation is right, but more modestly, which one is less wrong’”[1].Continue Reading..
Greek legal language Greek legal terminology Legal Dictionaries Legal language Legal translation νομικα μεταφ νομικές μεταφράσεις
Challenges in legal translation as seen by an international lawyer
By John O 'Shea on October 5, 2018 in books on legal translation, Dictionaries, English legal language and terminology, Greek legal language and terminology, Greek penal code, Hellenic Civil Code, Hellenic Code of Civil Procedure, Legal dictionaries, legal language, Legal linguistics, Legal Translation, translation of legal documents, Μεταφράσεις νομικών κειμένων, Νομική μετάφραση
Launching a new series of interviews with legal translators and experts in the field of legal translation, we have an interview with Eleni Nanaki, Attorney at Law LL.M – author and publisher of the bilingual legal glossaries in the ius et translatum series who talks to us about challenges in legal translation as seen by an international lawyer…Continue Reading..
Greek legal language Greek legal terminology Greek legal translation Hellenic Civil Code Hellenic Code of Civil Procedure Legal Dictionaries Legal translation translation of legal documents νομικές μεταφράσεις
Some Bizarre British Laws
By John O 'Shea on September 8, 2016 in English legal language and terminology, legal language, Legal Translation
It is not just legal language that can be difficult to comprehend for the layman and legal translator alike. Often, it is the very content of legal texts that is strange. And the UK has no shortage of bizarre British laws if authors and journalists are to be believed.
From time to time books are published about England’s weird and wonderful laws. Nigel Crawthorne’s The Strange Laws of Old England (2004) is a hilarious case in point. And today the Guardian published a short story about a study commissioned by an insurance company that looks at whether obscure legislation is really needed. It offers a list of the 10 most bizarre British laws “to highlight the complexity and antiquity of statutes that remain in force”. The study has been prepared by a Ph.D. student at the University of Cambridge and -as is normally the case with lists or compilations of this type- contains some truly odd stuff.
Here are some short excerpts from the article:
“Section 12 of the 1872 Licensing Act declares that “every person found drunk … on any licensed premises, shall be liable to a penalty”. It was enacted to reduce consumption of alcohol and to encourage sobriety among the poor. It remains in force within England and Wales as a rule prohibiting public drunkenness.
The Metropolitan Police Act 1839 makes it an offence for any person to carry any cask, tub, hoop, wheels, ladders, planks or poles on a footway “except for the purpose of loading or unloading any cart or carriage”. It was passed to ensure people could move freely along public thoroughfares without obstruction.
MPs are prohibited from wearing armour in parliament by the Bearing of Armour Act which dates back to 1313. It was an attempt by Edward II to prevent nobles from threatening to use force when parliament was called. The Earl of Lancaster, it was reported, still attended parliament carrying weapons until at least 1319.
… a different part of the 1872 Licensing Act … outlaws being drunk in charge of cattle; the 1986 Salmon Act – intended to ban poaching – makes it illegal to handle salmon in suspicious circumstances; a 19th-century law bans the beating of carpets after 8am on streets in London.”
To read the full article about these bizarre British laws, click here.
Legal language Legal translation
CULTURAL INCONSISTENCIES IN LEGAL TRANSLATION – Part 2
By John O 'Shea on July 21, 2016 in English legal language and terminology, Greek legal language and terminology, legal language, Legal terminology, Legal Translation, translation of legal documents
In one of our previous posts we talked about the cultural inconsistencies in legal translation that often come up and specifically about inconsistencies in the realia. In this post, we are going to talk about the ways in which the legal translator can tackle these inconsistencies.
We gave an example using the term “fiduciary” and its Greek translation, but we concluded that there isn’t an equivalent term that has the exact same meaning and an identical content in the Greek legal system. What needs to be stressed here is the fact that the legal translator is able to reach this conclusion only if he is familiar with the law of both the legal systems involved: the legal system from which the source text comes and the legal system from which the target text comes. Familiarity with the first will enable the translator to have a clear grasp of the meaning, the content and the function of the concept, the term or the realia that he needs to translate. Familiarity with the second will enable him to look for the respective concept, term or realia in the target language.
As in the example that we used in our previous post, in the case where there isn’t an equivalent concept, term or realia, the translator should embrace the interpretative approach, aiming at the same time to ensure that the final recipient of the text will be able to understand it. The target text will be used in the context of a different legal system by people familiar only with their own legal system. The translator’s aim should be to clearly present the foreign legal system, without altering the structure and the legal effect of the text and of course without adding to or subtracting from the amount of information that the final recipient will draw from his translated text.
Hard? Yes. Impossible? No.
In any case, the legal translator should contact his client and advise him about the implications that arise from the inconsistencies of the two cultures involved, as well as about the ways in which he is planning to tackle those cultural inconsistencies in legal translation.
In our example I chose to translate the term “fiduciary” as “διαχειριστής αλλότριας περιουσίας” (administrator of another’s affairs), drawing my inspiration from the concept of “management of another’s affairs/voluntary agency” (διοίκηση αλλοτρίων) in Article 730 of the Hellenic Civil Code. The reason that the English term couldn’t have been translated as “διοικητής αλλοτρίων” (manager of another’s affairs/voluntary agent) is because there is a crucial difference between those two concepts: the agent mentioned in Article 730 of the Greek Civil Code manages the affairs of another person, but acts without authority, while the fiduciary acts under a mandate.
Just like any translator, the legal translator should also cultivate his multiculturalism, as this is a necessary professional tool. Since any form of cross-language communication is also cross-cultural communication (Vlachopoulos, p. 36) and every legal system is created within a specific culture, it is more than necessary for the legal translator to be aware of and be exposed to his own, as well as the foreign culture. This is the very heart of the role of the professional legal translator, as he is the person responsible for transferring the message and the content of the legal text from one culture to the other and finding solutions to the legal inconsistencies in his legal translation.
According to Vlachopoulos, who in turn refers to the research of Maddux & Galinsky in the field of business administration (Vlachopoulos, p. 37), simply knowing the language, as a sum of finite linguistic units and syntactical mechanisms, without being aware of the cultural elements reflected in the usage of a specific word or in the usage of a specific syntactical mechanism and without being conscious of the significance these elements bear in the foreign culture, dooms every effort of cross-cultural communication to failure. In other words, lack of awareness of the cultural parameters defeats creative understanding and leads to a linear and uncritical transfer of structures of the source language to the target language. It leads, above all, to an uncritical transfer of the thought structures of the source culture to the target culture. Vlachopoulos then he goes on to say that it is necessary for the translator to be familiar with the cultures with which he is working, so that, firstly, he can possess the knowledge and the experience that will support his understanding of the target culture and secondly, to be able to assess the acceptance criteria and in this way be able to converge to the highest possible extent with the communication standards that he is required to respect.
In the context of cross-cultural communication, therefore, the skilled legal translator should possess an awareness of the legal culture of both countries and keep himself constantly informed about new legislation, new case-law and the changes taking place in his own, as well as in the foreign legal system.
By Eva Angelopoulou
Greek legal language Greek legal translation Legal language Legal translation legal translators
Translation of legal documents and complicated legal language
By John O 'Shea on July 12, 2016 in Conferences, English legal language and terminology, legal language, Legal terminology, Legal Translation, translation of legal documents
On 29 June, I attended an interesting afternoon about the drafting of legislation and some of the difficulties it poses, with some discussion of the translation of legal documents thrown in too and a lot of interesting input from the audience from legal interpreters who often have to deal with the complexities of legal language and explain them to the ordinary man.
6 speakers presented different issues relating to law and language (and raised the topic of legal translation). Brief summaries are set out below that highlight the key issues of interest in the translation of legal documents.
Hayley Rogers, a UK legislative drafter, outlined the UK legislative drafting process and some of the difficulties it presents. She argued that legislative drafters tend to see themselves as ‘architects’ but often the practicalities of the drafting process mean they are actually more akin to ‘cowboy builders’ creating chaotic-looking legislation because of a series of constraints (primarily political and policy-related) imposed on the drafters. So instead of striving for perfection they often just have to cope with the world ‘as it is’. This may resonate with legal translators who face demands for perfection from clients, but are constrained by real world factors like short delivery deadlines.
Prof. Maria De Benedetto spoke about how the language of the law is often incomprehensible to the layman, how it is a language of the elite, and outlined some of the techniques those who speak the language of the law utilise to maintain their elite status, such as reliance on Latin when ordinary people are unlikely to comprehend it.
James Hadley is new to legal translation as a discipline but comes from a strong background in translation theory. He is currently involved in a project being run by the Institute of Modern Languages Research (IMLR) in partnership with the Institute of Advanced Legal Studies (IALS) exploring some of these key questions that arise when laws and legal documents need to be translated from one language to another. His presentation looked at equivalence and legal translation and his working hypothesis is that equivalence (defined as “the notion that a translated text produces the same effect for its readers as the source text did for its own” may be demonstrable in legal language.
He posited that those who are capable of doing legal translations properly will need to have a very specific skill set, represented by the following Venn diagram:
The skill set need for the translation of legal documents
Nothing original here, but it is always good that key issues in the discipline are presented to new audiences and that more people become educated about legal translation and what it entails, who can do it, and so on.
It will be interesting to hear more about his research as it becomes available. According to the School of Advanced Studies website, the larger project that Hadley’s research relates to will look at who legal translators should be, how to assess the quality of their work, and what issues reading a legal document may raise from a language / law viewpoint. Legal translation is taking place all the time, and may entail the translation of laws that have the same effect as the original language version in bi- and multi-lingual jurisdictions. Outside of an institutional context, that sort of legal translation is a rarity. Much more common is the translation of legal documents for other reasons: international commerce, the purchase of land, employees working in other countries needing to know their rights. Legal language is complicated though; often dubbed negatively as ‘legalese’ which is difficult to understand even for native speakers of the source language. To quote the School’s announcement about the upcoming project, “That being the case, and legal traditions around the world being so variable, it is easy to see how translating legal documents from one language to another would be no mean feat. Even if you do happen to speak both languages, you also need to understand, and be able to reproduce the respective forms of legalese with an extremely high degree of technical accuracy.”
William Robinson, Associate Research Fellow at IALS, spoke about the complexities of the EU drafting process, highlighting the important role of translators in the overall process.
Stephen Neale, Professor of Philosophy and Linguistics, examined the question of ‘interpreting’ the meaning of words and highlighted the importance of context in coming up with good and bad faith interpretations of what legal words actually mean. He pointed out that judges, often considered to be the final arbiters of what the law ‘means’ often don’t have a strong grasp of linguistics, and gave some examples of ‘weird’ outcomes in cases where the judges appeared to go against the ‘common sense’ meaning of the words. His assertion is that there is a set of heuristics we use all the time to figure out the common sense meaning intended by others and that intrinsically we all know when an ‘interpretation’ is in bad faith.
Jerome Tessuto provided a data-driven analysis of how writing styles and language conventions from one country can influence those of another, by looking at the impact of English arbitration legislation on Singapore’s arbitration legislation. He pointed out that while deontic modality, and the use of shall in particular, is on the decline in English legislation because of the impact of the Plain Language movement, his data revealed that it was still important in Singaporean legislation, though an audience member who was a legislative drafter from Singapore pointed out that recently that has begun to change.
Legal language Legal translation legislative drafting translation of legal documents
SUBJECT TO…IN LEGAL TRANSLATION
By John O 'Shea on May 7, 2016 in English legal language and terminology, Legal linguistics, Legal terminology, Legal Translation
THE TERMS “SUBJECT TO”, “NOTWITHSTANDING” OR “WITHOUT PREJUDICE”: WHICH ONE SHOULD YOU CHOOSE?
I was recently reading this interesting article by Andrew Nickels about the clauses “subject to”, “notwithstanding” and “without prejudice” and it got me thinking how useful the clarification of these terms would be for the purposes of legal translation.
Every legal translator has encountered one or all of these terms in a contract or some other legal document they had to translate, either to or from English. These shorthand expressions prove to be useful tools in saving time when it comes to drafting a contract and that’s why lawyers and legal practitioners use them often.
What do they really mean though in plain English? Are they always used correctly? Continue Reading..
Legal discourse Legal language Legal translation
By John O 'Shea on March 7, 2016 in English legal language and terminology, Greek language, Greek legal language and terminology, Legal terminology, Legal Translation, Legal Translation Quotes
Translating the workings of a civil law system into English (common law) terminology can be extremely difficult, as all those who have ever attempted it will know. The reason for the complexity is simple; translating from one system to another system is far from straightforward. When, for example a Dutch lawyer has to explain his legal system to a common law lawyer, it is not simply a matter of replacing Dutch words with English words. The Dutch system is not a carbon copy of the English system, which means that there will not always be equivalent English terminology at hand for translation purposes. In order to use English legal terminology correctly and effectively, the practitioner must not only be familiar with his own legal system, but also have a basic grasp of the structure of the common law system.
Source: Helen Gubby, English legal terminology: Legal concepts in language (Boom Juridische Studieboeken)
Greek legal translation Legal translation
E-GOVERNMENT GLOSSARY
By John O 'Shea on October 29, 2015 in Dictionaries, English legal language and terminology, Greek legal language and terminology, Legal dictionaries, Legal Translation
The University of the Aegean’s Department of Information & Communication Systems Engineering has recently released a GR-EN / EN-GR glossary of e-Government terms.
To view it click here: http://icsdweb.aegean.gr/project/lexiko/
Greek legal language Legal Dictionaries
Workshop on Precedent in EU Law: the linguistic aspect
By John O 'Shea on October 28, 2015 in Conferences, English legal language and terminology, EU law, Legal Translation
I just came across a Workshop on Precedent in EU Law: the linguistic aspect. Many thanks to the Words to Deeds blog for the information.
Conference Legal discourse Legal translation
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The TPP is over. What happens now?
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LA Times Endorses David Vahedi for City Council
Los Angles, CA - With two weeks to go before the run-off election, David Vahedi’s candidacy for Los Angeles City Council District 5 continues to gain momentum with a new endorsement from the Los Angeles Times.
“The political newcomer, often portrayed as an outsider, has an insider's knowledge of civic concerns and City Hall minutiae,” said the Los Angles Times. “Vahedi impresses with his encyclopedic knowledge of even the most obscure zoning regulations, Environmental Quality Act provisions and parking policies. He is among the breed of homeowner activists who can match wits and quote Municipal Code passages with any elected official or bureaucrat.”
Vahedi will face former West Hollywood Mayor Paul Koretz in the run-off election on May 19, 2009. If successful, he will become the first Iranian American elected to serve on the City Council of Los Angeles.
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Stuck in a Bloody Rut
Ink Correspondent
Publish Date: Jul 14 2017 9:12PM
Updated Date: Jul 14 2017 9:12PM
File Photo: Habib Naqash
Kashmir, a year after Burhan Wani’s death
A year after Burhan Wani’s killing, Kashmir is more alienated than ever, angrier, helpless and hopeless - but in no mood to back out. Security agencies have failed to break the will of people while the protesting masses have failed to force the Indian state to take steps for resolution of the Kashmir dispute. The struggle continues.
This stubbornness has yielded a society that cares less for life and more for death. Trying to break army cordons with nothing more than stones to save besieged militants has become a norm. Attending the funeral of militants in the thousands has become a tradition. Opposing the policies of the government, deemed anti-Kashmiri, has never been so forceful.
In the weeks prior to July 8, when Burhan was killed, rumours were flying thick that the situation in Kashmir would worsen after Eid. Some say the security agencies took the risk of killing Burhan because they thought they could contain any fallout. Others propagate the theory that it was a coincidence that he was trapped. But the backlash was certainly beyond anyone could have imagined.
“No single person or leader invoked such mourning as Burhan Wani,” said Sheikh Showkat, professor of Law at Central University of Kashmir. “Even after five months, Kashmir was on the brink. It was unprecedented.”
Arguably the greatest impact of Burhan’s killing was that in its aftermath, the gap between political mobilisation and insurgency narrowed. “In 2008-10, Kashmiris took to peaceful means of protest in the hope that they will change the status quo in Kashmir. But that miserably failed as the state continued to use force against the population,” Showkat said. “This gave birth to a breed of militants who found new faith in the gun. In the wake of the hero’s funeral that was given to Burhan Wani, there has been a huge drift in favour of militancy.”
July 8, 2016 and what followed it changed Kashmir like few events have and its repercussions are long-term.
Hardening stance
The rise of a new wave of militancy has meant that the gloves are off. Be it the violent lynching of DSP Ayub Pandit or the burning of slain militants’ bodies, the situation is turning grim by the day. “New Delhi has made it clear that they won’t talk and they will crush militancy come what may. They are in no mood for dialogue and they are going after militants in an aggressive manner,” said an expert on strategic affairs who has been involved in Track II deliberations, speaking anonymously. “The situation is extremely difficult and chaotic. Nobody knows what is going to happen in future.”
The state government too has tacitly backed the operations against the militancy. After her meeting with Prime Minister Narendra Modi on May 15 this year, Chief Minister Mehbooba Mufti said bullets, stones and dialogue can›t go together, indicating that there will be no talks until violence ends. «There is no option but to talk, but it cannot happen amid stone-throwing, bullets.»
On August 27, 2016, the chief minister had presented a “three-pronged action plan” to the prime minister for the resolution of the Kashmir dispute. The plan calls for involving the separatist leadership as well as Pakistan in a substantive dialogue to work out a solution to the problem in keeping with contemporary geo-political realities.
“Please appoint a group of individuals on whom people of Kashmir have trust, that whatever they are saying will reach to people at the helm of affairs in Delhi,” she had said, while outlining her plan. At that time, however, she had not mentioned an end to violence as a precondition for holding dialogue. Her changing of goalposts on dialogue has only confirmed the people’s perception that dialogue is useless.
The BJP ministers in Mehbooba’s coalition regime too have been averse to any kind of “soft approach”. As the chief minister was meeting Modi in May, BJP minister Chander Prakash Ganga advocated strong action, saying “traitors and stone-pelters should be treated with bullets”. On July 5, senior BJP MLC Ashok Khajuria said Jammu and Kashmir will be turned into a graveyard for those seeking Azadi from India and supporting Pakistan.
This politicking has only diminished hope for peace and served to enhance the appeal of the gun-toting youth.
In written replies to two separate questions in the Lok Sabha, Minister of State for Home Hansraj Gangaram Ahir revealed that 88 Kashmiri youth joined militancy in 2016, the mostin six years. In the preceeding years since 2010, at least 54, 23, 21, 16, 53 and 66 youth, respectively, had taken up arms.
In the first six months of 2017, 50 youth have joined the militant ranks.
Killing all of them is surely not going to bring calm to the valley.
After Burhan’s death, nearly 150 civilians have been killed by government forces and 20,000 injured. Close to 2,000 people have been blinded in one or both eyes by pellets. “It is the human toll that is worrying us a lot. It creates a generation of people for whom violence is the norm,” said the analyst. “Be it the militant, policeman, informer or sometimes even an army man -- everyone is a Kashmiri. It is the society which is taking loss on both sides.”
Portents of discontent
In 1996, when the armed insurgency was at its peak and thousands of militants roamed the valley, the Indian government decided to hold assembly election in Jammu and Kashmir. Barring a few incidents of violence, the voting concluded with a decent 53.92% turnout. Fast forward to 2017, when the number of militants hovers around 150. In April-May, by-elections were scheduled for Srinagar and Anantnag parliamentary seats. In Srinagar, the polling was marred by widespread violence and an embarrassing 7% voter turnout. The Anantnag by-election had to be postponed indefinitely.
“Never before has the government seen such an opposition. The people simply rejected the polls,” said Showkat. “The assembly by-election in Anantnag, conducted before July 8, saw polling of 33.4%. Now compare it with the post-Burhan election and you see the difference in public mood.”
Talking terms
One major casualty of the 2016 uprising has been the institution of dialogue. “Three words sum up New Delhi’s intention about dialogue on Kashmir - They don’t care,” the analyst said. “They are not getting into any kind of dialogue, be it with the Hurriyat or anybody else. They are not interested in any kind of political intervention. As of now they are on a different lane, which is not good for Kashmir.”
The Agenda of Alliance between the PDP and the BJP, too, had called for substantive dialogue but like other promises made in that document, this has been a non-starter. “The Agenda of Alliance has remained just a piece of paper. No point in it has gotten the seal of approval,” said Prof Noor Mohammed Baba, who teaches political science at Kashmir University.
“They want to contain the situation with force and strict measures. It is the physical existence of militancy they want to eliminate at any cost,” Baba added. “Not only militants, they want to put the separatist leadership under pressure too.”
The NIA raids on some separatist leaders, downgrading of Mirwaiz Umar Farooq’s security, the vilification campaign in the media are part of this strategy to corner the separatist leadership. “They are in no mood to reconcile,” said Baba. “Mollification of sentiment is not their cup of tea at this hour.”
Precarious situation
Not surprisingly then, the situation now is precarious. People are highly suspicious of the government and militancy is thriving despite regular killings of armed men. Young men are willing to die for the cause of Kashmir. “The only difference between now and one year ago is that there are no continuous shutdowns, which anyway is not sustainable. People are as alienated as ever,” said Baba. “In South Kashmir, the situation is even worse.”
Baba believes that the separatist leadership and the wider civil society need to evolve their strategies. “Most of our youngsters were born in 1990 so they have no idea of peace. It is the elders in the political leadership and the civil society who have to take charge. They have to take the initiative and help Kashmir get out of this mess,” he said. “With Rs 16,000 crore of losses, the loss of a full academic year, loss of human skill and much more, the society cannot progress. Somebody must come out with new thinking.”
Still, there is hope that peace may yet be possible. United Nations Secretary General Antonio Guterres recently revealed that he has been working to resume dialogue between India and Pakistan to resolve the Kashmir dispute. “Why do you think I met three times the prime minister of Pakistan and two times the prime minister of India,” Guterres said when asked if he was working to resume dialogue India-Pakistan dialogue on Kashmir.
As Prof Showkat noted, “Be it Rajnath Singh’s assertion that the Indian government is working on a long-term solution to Kashmir, UN chief’s remarks or statements from other world leaders, there are some positive developments that have the potential to force India to change its stubborn attitude. As for the contours of the BJP’s possible Kashmir solution, we will know in near future.”
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Bernie and the Rich
I'm not at all convinced by Bernie Sanders' analysis in today's NYT op-ed.. "Workers in Britain, many of whom have seen a decline in their standard of living while the very rich in their country have become much richer, have turned their backs on the European Union and a globalized economy that is failing them and their children." Are these workers really preoccupied with the rich getting richer, or do they feel threatened by immigrants? Those are not at all equivalent.
In his next paragraph, we get more about the rich and the "unimaginable luxury" they enjoy--supposedly that's fueling support for both Leave and Trump. But wait--Trump is the embodiment of absurd wealth and unimaginable luxury. He's Mr. Luxury himself! There's no way his supporters are driven by resentment of the rich. Resenting poor Mexican immigrants is (duh) not the same as resenting the rich!
And then there's all the stuff about how globalization is increasing inequality and poverty. Is it really? The bottom billion used to be defined as those living on less than a dollar a day, but now they're the people living on $1.25 per day. On lots of economic parameters, things are getting better around the world, and as I understand it, this is partly due to globalization. Bernie says "the global economy is not working for the majority of people in our country and the world" but prosperity is going up around the world, and even if it's fairly stagnant in the US, it's already extremely high, comparatively speaking--in fact just about the highest in the world!
Some paragraphs of this op-ed truly just sound just like Trump. "Americans should not have to compete against workers in low-wage countries who earn pennies an hour." Should we really go back to a time when the poorest people in the world were even poorer? Setting aside the moral problems with that trajectory, how's that going to give us foreign markets for our goods? How's that going to make the world more peaceful and cooperative?
Labels: Trump
Old Voters, Young Voters
In the last couple of days I've read about 16 and 17 year olds in the UK who think it's unfair that they weren't allowed to vote on "Brexit." Thus, they complain, very old people are determining a future that's mostly going to be lived by young people. Maybe 16 and 17 year olds aren't wise and informed enough to vote, but their complaint makes me wonder: would it have been more fair if the Brexit vote had involved a multiplier, so the vote of a 20 year old counted for 1/20 and the vote of an 80 year old counted for 1/80? That certainly sounds repugnant. What, should we count the vote of a 20 year old with a terminal illness like they were 80? On the other hand, there's something sensible about age-based multipliers. Not that I'm recommending this approach. Surely it's odious! I'm just intrigued by the fact that it's not obvious why it's odious. Of course, you wouldn't need age-based multipliers if old people just restrained themselves, deferring to the young who will live for many years with the outcome of Brexit. You'd think they would do that, to some degree--that they would ask their children and grandchildren about their preferences, before voting. But just in case they didn't do that, you could have age-based multipliers....and then, why not for all elections? Yeah, it's horrible and obviously undesirable, but it does seem puzzling why that's so!
Big news! I'll be publishing a third book some time in the next year. The tentative title is The Philosophical Parent: Asking the Hard Questions about Having and Raising Children. The book is under contract with Oxford University Press (see table of contents at the tab above). Let's pretend the mother in this picture is actually reading Plato to herself, while her daughter enjoys gazing at the ducks. She could be the philosophical parent.
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JÓZSEF HAJDÚ
Born 6 July 1961 in Ormosbánya. He went to high school in Edelény, then received his diploma from the Chemical Industry Automatization College of the Heavy Industry Technical University in Miskolc. Beginning with his college years, he took part in competitions and exhibitions with his photographs, while he took his professional exam as a photographer. Nevertheless, he worked at the Hungária Plastic Processing Concern for two years, after which he commenced work at the Postal Design Institute as a photographer. In 1992, the exhibition Postal Architecture in Hungary was arranged at the Postal Museum, where his photographs also featured, as well as being published in the book to accompany the exhibition. He then began to work at the Postal Museum as a photographer and photo archivist, where he continues to work up to the present day.
He joined the work of the Studio of Young Photographers (FFS) in 1987, and also became a member – he later kept up the contact with United Images (Egyesült Képek), formed by those in the FFS.
He is a member of the Association of Hungarian Photographers since 1994. From 1993 to 1996, he received the Pécsi József Photographic Art Scholarship, and it was with this support that he could produce the material for his first album, Ipari táj (Industrial Landscape, 1998). As Judit N. Kósa wrote, these were “lyrical images” of factory buildings – the refined imprints of man-made architecture.
Just as his Tájképek (Landscapes, of the exteriors of mines) series portrayed the environment crearted-destroyed by man with “inhuman” pictures.
The visual presentation of the texture of his Tea Pictures, or the “musical” transcription of his wartime X-ray films rendered his subjects and their execution of a world standard unique.
He thus received in 1998 one of the most prestigious international Polaroid awards (VII. Polaroid Final Art Awards).
He participated in numerous group exhibitions and six solo shows with his photographs; all of his published architectural albums are ranked among the masterpieces of Hungarian book publishing – and he was received a number of prizes for them.
From analogue photography to Polaroids, from photograms to digital colour technique, he has created and creates continuously in all compositions that are timeless and pure, unique.
He was recognised for his photographic oeuvre in 2007 with the Balogh Rudolf Award.
His photographs are preserved in numerous private and public collections – in Budapest, in Strasbourg, in Zürich and in New York – including at the Hungarian Museum of Photography, and in the Csák-Körmendi Collection of Contemporary Hungarian Photography.
(c) József Hajdú
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Ansel Adams, Public Broadcasting Service (U.S.), (electronic resource video)
The Resource Ansel Adams, Public Broadcasting Service (U.S.), (electronic resource video)
The item Ansel Adams, Public Broadcasting Service (U.S.), (electronic resource video) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Mid-Continent Public Library.
Public Broadcasting Service (U.S.)
From the day that 14-year-old Ansel Adams first saw the transcendent beauty of the Yosemite Valley, his life was, in his words, "colored and modulated by the great earth-gesture of the Sierra." Few American photographers have reached a wider audience than Adams, and none has had more impact on how Americans grasp the majesty of their continent. Ansel Adams, from the PBS American Experience collection, is a moving portrait of the most eloquent and quintessentially American photographers of our time. At the heart of the film are the great themes that absorbed Adams throughout his career: the beauty and fragility of "the American earth," the inseparable bond of man and nature, and the moral obligation the present owes to the future
New York, N.Y., Films Media Group, 2011
1 streaming video file (90 min.)
Encoded with permission for digital streaming by Films Media Group on August 21, 2011
Films on Demand is distributed by Films Media Group for Films for the Humanities & Sciences, Cambridge Educational, Meridian Education, and Shopware
Introduction to Ansel Adams (2:48)
Adams' Message (3:08)
Communion (1:30)
Change (1:16)
Quintessentially American (1:32)
The Troubled House by the Sea (1:51)
A Nervous Child (2:37)
An Unusual Gift (3:00)
A New Era (2:18)
Liberation (1:21)
Duality (3:30)
Virginia (1:30)
A Transcendental Experience (3:41)
An Artist's Conflict (2:57)
Turning Point (2:56)
Publicity (1:01)
The Unsung Hero (1:21)
Revelations (3:05)
Alfred Stieglitz (2:53)
A New Perspective (2:30)
Parallels (2:43)
Politics (3:53)
Ahead of the Curve (1:43)
Doubt (2:56)
A Great Affair (1:36)
Exhaustion (3:07)
Finding His Way (3:07)
Art and Politics (3:04)
Transition (2:36)
Moonrise Over Hernandez (2:07)
The Darkroom (2:56)
Mr. Sierra Club (2:23)
This is the American Earth (1:43)
Guilt (1:54)
Financial Security (1:37)
Honors and Accolades (2:23)
Tribute (3:06)
Legacy (3:17)
Credits: Ansel Adams (4:06)
https://mcpl.idm.oclc.org/login?url=http://avod.films.com/PortalPlaylists.aspx?aid=20017&xtid=44086
Mass media -- Study and teaching
Photography, Artistic
Adams, Ansel, 1902-1984
American experience (Television program)
Access requires authentication through Films on Demand
PBS American Experience
Adams, Ansel
Introduction to Ansel Adams (2:48) -- Adams' Message (3:08) -- Communion (1:30) -- Change (1:16) -- Quintessentially American (1:32) -- The Troubled House by the Sea (1:51) -- A Nervous Child (2:37) -- An Unusual Gift (3:00) -- A New Era (2:18) -- Liberation (1:21) -- Duality (3:30) -- Virginia (1:30) -- A Transcendental Experience (3:41) -- An Artist's Conflict (2:57) -- Turning Point (2:56) -- Publicity (1:01) -- The Unsung Hero (1:21) -- Revelations (3:05) -- Alfred Stieglitz (2:53) -- A New Perspective (2:30) -- Parallels (2:43) -- Politics (3:53) -- Ahead of the Curve (1:43) -- Doubt (2:56) -- A Great Affair (1:36) -- Exhaustion (3:07) -- Finding His Way (3:07) -- Art and Politics (3:04) -- Transition (2:36) -- Moonrise Over Hernandez (2:07) -- The Darkroom (2:56) -- Mr. Sierra Club (2:23) -- This is the American Earth (1:43) -- Guilt (1:54) -- Financial Security (1:37) -- Honors and Accolades (2:23) -- Tribute (3:06) -- Legacy (3:17) -- Credits: Ansel Adams (4:06)
sound, color, digital file.
System requirements: FOD playback platform
<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.mymcpl.org/portal/Ansel-Adams-Public-Broadcasting-Service-U.S./V1p3oVZBM0w/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.mymcpl.org/portal/Ansel-Adams-Public-Broadcasting-Service-U.S./V1p3oVZBM0w/">Ansel Adams, Public Broadcasting Service (U.S.), (electronic resource video)</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.mymcpl.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.mymcpl.org/">Mid-Continent Public Library</a></span></span></span></span></div>
Data Citation of the Item Ansel Adams, Public Broadcasting Service (U.S.), (electronic resource video)
http://link.mymcpl.org/portal/Ansel-Adams-Public-Broadcasting-Service-U.S./V1p3oVZBM0w/
http://library.link/portal/Ansel-Adams-Public-Broadcasting-Service-U.S./V1p3oVZBM0w/
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Home of Chan Robles Virtual Law Library
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THIRD DIVISION
[G.R. Nos. L-32246-48. June 30, 1988.]
ARCADIO CORTEZ y VENGZON, PAULINO SAMPANG y BUNGUE, Petitioners, v. THE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, Respondents.
Jurado, Soriano & Associates for petitioners.
D E C I S I O N
CORTES, J.:
Assailed in this petition for review are the decision of the Court of Appeals dated May 26, 1970 affirming the conviction of petitioners for homicide in Criminal Cases Nos. 4376 and 4377 and less serious physical injuries in Criminal Case No. 4375, and the resolution of June 25, 1970 denying petitioners’ motion for reconsideration. This case was considered submitted for decision on April 7, 1972.
Petitioners Arcadio Cortez, Paulino Sampang and one Benjamin Villanueva were charged with the crime of murder for the deaths of Escolastica Pingol and Luis Baltazar and frustrated murder for the injuries sustained by Santiago Baltazar. After joint trial, the Court of First Instance of Pampanga, Branch II, found Cortez and Sampang guilty of homicide in Criminal Cases Nos. 4375 and 4377. In both cases they were sentenced to suffer the indeterminate penalty of from 6 years and 1 day of prision mayor to 17 years, 4 months and 1 day of reclusion temporal, ordered to indemnify jointly and severally the heirs of Escolastica Pingol and Luis Baltazar in the sum of 6,000.00 pesos and to pay each, one third of the costs. In Criminal Case No. 4376, the trial court found Arcadio Cortez and Paulino Sampang guilty of less serious physical injuries and sentenced to four (4) months of arresto mayor and to pay each, one third of the costs. Benjamin Villanueva was acquitted by the court in those three cases [pp. 252-253, rec.]
From the judgment, Arcadio Cortez and Paulino Sampang appealed to the Court of Appeals. The latter court rendered the questioned decision, the dispositive portion of which reads as follows:chanrob1es virtual 1aw library
Wherefore, finding no cogent reasons to reverse the judgment appealed from, being in accordance with the law and evidence on record, the same is hereby affirmed except the indemnity in the two homicide cases, which is raised from P6,000.00 to P12,000.00 pesos in each case and each accused appellant to pay 1/3 of the costs in this instance. (p. 34, Rollo.)
The conviction was based on the following facts as found by the Court of Appeals:chanrob1es virtual 1aw library
Between 10:00 and 11:00 o’clock on the night of October 21, 1961 while Santiago Baltazar, his wife Escolastica Pingol and his four sons Ruben, Pablo, Orlando and Luis, all of tender ages, were sleeping in their house at Barrio Mitla, Porac, Pampanga, the said Santiago Baltazar was awakened by the barking of the dogs (pp. 1-2, 9, t.s.n, Nov. 27, 1962; pp. 12-13, t.s.n., Jan. 14, 1963) Then he heard a voice which he recognized as that of Arcadio Cortez for he knew him long before the incident, asking "Are the owners of the house in?" (pp. 2-3, t.s.n., Nov. 27, 1962., pp. 12-13, Jan. 14, 1963). He peeped through a hole and there on the ground he saw and recognized, for the moon was very bright, another man, Paulino Sampang, whom he knew very well before the incident (pp. 2, 9, t.s.n., Nov. 27, 1962: p. 14, t.s.n. Jan. 14, 1963). Being the owner of the house, Santiago Baltazar had no alternative but to go downstairs, however, before he did that, he told his wife who was also awaken [sic] by the barking of the dogs that there were three persons in all near their house (pp. 3-4, t.s.n., Jan. 24, 1963).chanrobles lawlibrary : rednad
Upon reaching the ground, Santiago Baltazar approached Paulino Sampang who was armed with a .22 cal. gun and asked him: "What is it you want, Abe?," to this question, Sampang replied: "If you want to know, you come and see our Commander." When he said "Commander," he was referring to Arcadio Cortez who was under a bullcart. (pp. 7-11, t.s.n., Jan. 24, 1963; p. 3, t.s.n., Nov. 27, 1962)
When Santiago Baltazar approached Arcadio Cortez, the latter moved away from him and holding a (G)arand with his two hands over his head, told Baltazar: "Go back to your wife." Baltazar started moving towards the house and upon reaching the foot of the stairs, he faced them (Arcadio Cortez and Paulino Sampang.) At this instance, Cortez and Sampang began shooting at the house and also at him. Baltazar was hit in the right thigh. He fell and lost consciousness (p. 4, t.s.n., Nov. 27, 1962).
When he regained consciousness, he saw nobody on the ground but he heard a voice inside the house saying, "Go on, Go on." At the same time he also heard a thud as if someone was hacking somebody with a bolo. He tried to rise but he was shot again in the right ear and consequently fell unconscious a second time (p. 6, t.s.n., Nov. 27, 1962.
When he regained consciousness again, he felt that his son Pablo was embracing him, saying "Father you have been wounded." And while he heard the screaming of his other children, he managed to go under the house and with a piece of rag he bound his wound. Then he crawled upstairs. There he saw his wife and youngest son already dead. He examined her body and found her having a bolo wound on her left shoulder and a bullet wound on the breast (p. 6, t.s.n., Nov. 27, 1962).
People began coming to the premises. Among them was Vice-Mayor Genaro Dimalanta to whom Santiago Baltazar gave two unfired bullets which he found on the ground. They fell when the (G)arand held by Arcadio Cortez jammed twice (pp. 6-7, t.s.n., Nov. 27, 1962, pp. 12,17, t.s.n., Jan. 24, 1963).
The vice-mayor in turn brought Santiago Baltazar to the Pampanga Provincial Hospital where he was hospitalized for two weeks. While there, he was visited by two P.C. men, one of them was Major Lim. They asked him whom he suspected and he said he didn’t know . . . After having been discharged from the provincial hospital, Baltazar was treated for more than two months in the clinic of Dr. Benita Ayson in Manibaug, Porac, Pampanga (pp. 6-8, t.s.n., Nov. 27, 1962.).
Medico-legal certificate issued by Dr. Bienvenido Ignacio of the Pampanga Provincial Hospital (Exh. D, p. 9, roll of exhibits) disclosed the following injuries sustained by Santiago Baltazar:jgc:chanrobles.com.ph
"1. Gunshot wound, tragus through and through with the entrance below and the exit, above the tragus.
"2. Gunshot wound, slight of the superior portion of the right pinna of the ear.
"3. Gunshot wound, 1 1/2 cm. in diameter antero medical portion of the middle third of the right thigh with hematoma 2 inches above the wound.
"4. Probing-direction of the wound upward, 3 1/2 inches in length.
"5. X-ray of the thigh, right. — Metallic foreign body in the muscle tissue, median portion of the buttocks.chanrobles.com : virtual law library
Death certificate of Escolastica Pingol (Exhibit E) stated that the cause of death as certified by Dra. Benita Ayson, was hemorrhage due to total wounds (gunshot).
And the death certificate of Luis Baltazar (Exhibit F) disclosed that the cause of death as found by the same physician was internal hemorrhage caused by trauma on the chest. (pp. 26-29, Rollo; Italics supplied.)
1. In the instant petition, petitioners’ main contention is that there was insufficient identification in law to sustain a judgment of conviction. They assert that although Santiago Baltazar identified them in court on November 27, 1962, he failed to reveal their names to P.C. investigators on October 22, 1961, the morning after the crime was committed thus showing that there was no proper identification in law to sustain their convictions.
In not a few decisions, this Court has ruled that delay in divulging the name of the perpetrators of the crime, if sufficiently explained, does not impair the credibility of the witness and his testimony [People v. Catao, G.R. No. L-9532, 107 Phil. 861 (1961); People v. Bulan, G.R. No. L-14934, 108 Phil. 932 (1960); People v. Lao Wan Sing, 125 Phil. 43 (1966), 18 SCRA 1076; People v. Salcedo, G.R. No. L-37080, 122 SCRA 94, 92 SCRA 933 (1953); People v. Cabanit, G.R. No. L-62030-31, Oct. 4, 1985, 139 SCRA 94; People v. Cruz, G.R. No. L-68805, July 9, 1986, 142 SCRA 583; People v. Andres, G.R. No. 75355, October 29, 1987; and People v. Renejane Et. Al. G.R. Nos. 76954-55, February 26, 1988.].
To explain the delay, Baltazar testified as follows:chanrob1es virtual 1aw library
Q A while ago in your answer to the cross-examination of counsel, you mentioned that it was Paulino Sampang who fired the shot at you. Will you tell the Court the reason why you did not mention Paulino Sampang to the P.C. officers when they interrogated you in the hospital?
A Because I was not sure of the identity of the interrogators, that is the reason I did not name names. Now that I am sure before this Honorable Court, I gave the names here.
Q Did you not say that somebody introduced himself as Major Lim?
A Yes, Sir, he introduced himself as such, but I doubted his true identity. Besides I was confident I would recover from my wound and I would be allowed to tell the whole story later on.
Q What came to your mind when you said you doubted the identity of the investigator?
A Because I was afraid that my family was still in the house and that these persons might come back and harm them. That is the reason I did not mention these people.
Q Who are these persons you referred to?
A Arcadio Cortez, Paulino Sampang and Benjamin Villanueva (pp. 22-23, t.s.n., Nov. 1962).
The above explanation of Santiago Baltazar sufficiently accounts for his failure to reveal immediately the identity of the culprits. It is both credible and convincing. His fear and apprehension for the safety of his family and his guarded suspicion of the identity of the investigators were reasonable reactions of an ordinary man agitated by a frightful and shocking occurrence. He had just witnessed the violent deaths of his wife and youngest son. With the memory of the traumatic experience still fresh in his mind, he reasonably entertained the belief that to reveal the identities of the culprits would be tantamount to inviting their retribution.chanrobles.com.ph : virtual law library
Thus, in one case where the witnesses for the prosecution failed to divulge immediately the identity of the criminals, This Court said:chanrob1es virtual 1aw library
The failure of the prosecution witnesses to report the malefactors to police officers who investigated the crime immediately after the occurrence is understandable, considering that the witnesses feared for their lives as the killers were still at large and armed, and with the shock of the ambush still fresh in their minds, perhaps they considered the protection of the police inadequate. [People v. Sampang, March 31, 1966, G.R. No. L-15843, 16 SCRA 516.]
Moreover, the delay complained of is partly attributable to the acts of petitioners and their counsel. The records show that the criminal complaint was filed on October 27, 1961. Petitioners’ counsel moved for the postponement of the second stage of the preliminary investigation three times, filed a motion to quash, postponed its hearing, changed his mind and withdrew the motion to quash and with the conformity of petitioners, asked that trial on the merits ensue. A period of four months had elapsed by them. Petitioners cannot now complain of the belated identification considering that they are partly to blame for it.
Notwithstanding Baltazar’s credible explanation for the delay, still, this Court examined the record to ascertain the positiveness of Baltazar’s testimony. After careful scrutiny, the Court finds that Baltazar’s narration of the facts is straightforward, direct and full of details which could not have been the result of deliberate afterthought. As such it deserves full faith and credence. He stated that he saw Sampang twice; first, when he peeped through a hole, and second, when he went down the house. He even saw Sampang point the gun at him before the latter fired. He also identified Cortez whom he saw sitting under the bullcart and with who he conversed.
By quoting portions of the transcript of stenographic notes of Baltazar’s testimony, petitioners would like this Court to believe that when asked if he knew of any suspects, Baltazar mentioned the names Eligio Ayson, Pablo Bengco and Celestino Bengco as his suspects.
A careful examination of the records shows that the three were mentioned by Baltazar not as his suspects but as the people who went to his home requesting that his wife treat a sick person they brought with them [pp. 19-22, t.s.n., Jan. 24, 1963.].
2. Petitioners next question the credibility of Baltazar’s testimony. They contend that even if the testimony is positive, it should not be believed as it is uncorroborated and as it contains contradictions.
There is no law requiring that a testimony be corroborated in order to be believed. It has been held that the testimony of a single witness if credible and positive, is sufficient to produce conviction [People v. Lao Wan Sing, supra, People v. Canada, G.R. No. 63728, September 15, 1986, 144 SCRA 121; People v. Tan, Jr., G.R. No. L-53834, November 24, 1986, 145 SCRA 614.] Secondly, the contradictions and inconsistencies in Baltazar’s testimony refer merely to minor details which do not impair nor destroy its probative value and which in fact even strengthen its reliability.
Above all, it is well settled in jurisprudence that the conclusions of the lower court on the credibility of witnesses are entitled to great weight and respect. Unless there are substantial facts and circumstances that have been overlooked, which if considered might affect the result of the case, such findings are generally not disturbed on appeal [People v. Lao Wan Sing, supra; People v. Baluarte, G.R. No. L-31180-81, October 30, 1974, 60 SCRA 356, People v. Brioso, G.R. Nos. 72028-31, November 9, 1987; People v. Patog, G.R. No. 69620, September 24, 1986, 144 SCRA 429; People v. Bautista, G.R. No. L-48606, July 11, 1986, 142 SCRA 649; and People v. Patola, G.R. No. L-41265, February 27, 1986, 141 SCRA 397.] The reason for the above stated rule is that the trial court is in a better position to observe the deportment and demeanor of witnesses to determine the veracity of their answers. No compelling reasons exist here to justify a deviation from that rule.
3. Petitioners next contend that the failure of the court a quo to appreciate the ballistics and chemistry reports as proof clearly tending to show their innocence, is in grave abuse of its discretion.chanrobles virtual lawlibrary
This contention is untenable.
The evidence for the defense shows that six .30 caliber cartridges (Exhibit 1) recovered from the scene of the crime and a .22 caliber slug (Exhibit 2) extracted from Santiago Baltazar’s thigh were examined to determine whether they came from eleven (11) Garand rifles and from one .22 caliber rifle rounded up the day after the crime was committed.
The ballistics report states that the six .30 caliber cartridges were fired from one gun but not from any of those confiscated and that due to foreign marks, it cannot be determined from which gun the .22 caliber slug came from.
The Court agrees with the Solicitor General that there is no certainty that the fatal weapons were included in those confiscated [Brief for Respondents, at p. 8.] The Courts of Appeals and the Trial Court therefore did not err when they found that the ballistics report was "of no moment in determining the guilt or innocence of the accused" [Court of Appeals, Rollo, at p. 13.].
The defense likewise presented a report (Exhibit "7") on the negative findings of a paraffin test taken on Arcadio Cortez five days after the commission of the crime [Note that Paulino Sampang was not subjected to a similar test, hence this defense is pertinent only with respect to Cortez.].
The Solicitor General contends that the paraffin test should not be considered in determining the innocence of the accused as during the period of five days the gunpowder residue may already have disappeared. The contention is well taken.
The chemical expert who conducted the test was Major Jose Fernandez, of the P.C. Central laboratory who testified as follows:chanrob1es virtual 1aw library
Q According to the findings appearing in paragraph 7 (fiscal quoting exhibit 7) miscroscopic examination on Arcadio Cortex, etc. reveal the absence of gunpowder residue. That was your finding?
A Yes, Sir.
Q To refresh your memory, I want to inform you that the crime subject of this case was committed on October 21, 1961. It is a fact, is it not, that paraffin residue can be removed from the hands by washing with soft [sic] or by other chemicals?
A Gunpowder may remain in the hands of the suspect within a period of 72 hours or more, if there are so many rounds fired or four days more.
Q Even without doing anything on the hand, paraffin residue will disappear from the hand after that period of time you have mentioned?
A Yes, Sir, so that washing with soft [sic] and water will not remove it. Within 72 hours is the approximate time of the stay of the gunpowder, because we have to consider if the person is perspiring.
Q As I have said before, the crime subject matter of this case was committed at about 10:00 o’clock on October 21, 1961. In Exhibit 3, which is the letter of Col. Sangalang requesting your office to examine the paraffin caste on both hands of Arcadio Cortez and others, states that the same paraffin casts were taken at about 2300 hrs. on October 25, 1961 so that from 10:00 o’clock October 21, 1961, four days and one hour had already elapsed?
Q That four days and one hour is equivalent to 97 hours?
Q According to you, paraffin residue may disappear at approximately in 72 hours?
A Maybe in 72 hours.
Q So that if Arcadio Cortez and others fired guns at about 10:00 on October 21, 1961 and their hands paraffin cast 97 hours thereafter, the paraffin residue could not be found anymore?
A No gunpowder may be found anymore.chanrobles law library
Q You said that if a person fires a gun in door [sic] without doing anything, in 72 hours the powder residue will disappear?
Supposing said person at the same time fires in door [sic] several times, will the powder residue stay more than 72 hours?
Q In your experience, as a chemical expert, have you come across cases where paraffin cast disappear in less than 72 hours?
A Yes, sir, in open outdoor, naturally, little residue will be deposited and when there is little gunpowder it may not be impressed on the hands of the firer.
Q In those cases where the firing was done in open air, the paraffin residue disappeared in one day or two days?
A This is a factor of not having gunpowder in the hands of the firer when the wind is strong.
Q You came across cases where the person fired a gun and examined him within one day and you did not find any paraffin residue?
A Yes, Sir in cases where there was strong wind. (tsn, pp. 38-40, January 13, 1964)
A careful scrutiny of the report and testimony shows that the paraffin test is of weak probative value, as it was taken five days after the incident happened, within which time the traces of gunpowder may already have been erased.
4. Petitioners next assail the trial and appellate court’s reliance on their extrajudicial confessions which are alleged to have been executed involuntarily, hence inadmissible.
The confessions were taken on October 21, 1961, long before the 1973 Constitution took effect. The prevailing rule then was that extrajudicial confessions were presumed in law to be voluntary and thus admissible. The burden of overcoming that presumption rested on the accused. This rule was subsequently reversed such that, on the prosecution was imposed the burden of first proving that constitutional guarantees were observed before an extrajudicial confession may be admitted in evidence [People v. Jara, G.R. no. 61356-57, September 30, 1986, 144 SCRA 516.] The shift in the burden is the result of the adoption of the Miranda v. Arizona rule [384 U.S. 436 (1966)] in section 20 of the 1973 Constitution. This rule however has no retroactive effect [Magtoto v. Manguera, G.R. No. L-37201-02, March 3, 1975, 63 SCRA 4, citing U.S. v. de los Santos, 54 Phil. 329; People v. Page, G.R. No. L-37507, June 7, 1977, 77 SCRA 348; People v. Castañeda, G.R. No. L-32625, August 31, 1979, 93 SCRA 56; People v. Garcia, G.R. No. L-40106, March 13, 1980, 96 SCRA 497; People v. Zea, G.R. No. L-23109, June 29, 1984, 130 SCRA 77; People v. Banaan, G.R. No. L-49385-87, July 2, 1986, 142 SCRA 410; People v. Ribadajo, G.R. No. L-40294, July 11, 1986, 142 SCRA 637; People v. Petenia, G.R. No. L-51256, August 12, 1986, 143 SCRA 361; People v. Pia, G.R. No. L-59604, November 14, 1986, 145 SCRA 581 and People v. delos Santos, G.R. No. L-35598, May 29, 1987, 150 SCRA 311.].
As the confessions here were made before the effectivity of the 1973 Constitution which incorporated the Miranda rule, they are presumed voluntary until the contrary is proved by the petitioners.chanrobles.com:cralaw:red
To rebut the presumption, the defense introduced as evidence the medical certificates executed by Dr. Marcelino Benosa and his testimony that he examined the accused a day after they were apprehended. When he took the stand, he averred that he found contusions and swellings on the bodies of the accused for which he prescribed certain medicines. He also stated that it was Atty. Clemente Soriano, counsel for the accused, who recommended him to relatives of the accused to examine the latter and that he had personally known Atty. Soriano since 1945 as they were townmates, being both from Macabebe, Pampanga. In addition, he also said that his practice was in Angeles, Pampanga, and that he went to Porac and left his clinic just to examine the condition of the petitioners. The defense did not attempt to explain why they did not avail of the services of a physician from Porac nor did they show that there was none available.
On the other hand, the prosecution presented as witness the Clerk of Court, Mr. Marcelo Mendoza, who testified that when the accused were brought before him, they never complained to him of any maltreatment; that he translated and explained to them each of the questions propounded and the answers they had given in their statements and that afterwards, the accused swore to the truth of the contents of their confessions, and signed them in his presence. This testimony was corroborated by those of the investigators who took the statements of the accused and who vehemently denied maltreating them.
In view of the Clerk of Court’s credible testimony and the admission of Dr. Benosa during the trial that the contusions he found may not have been caused by the alleged maltreatment of the accused, this Court finds that the presumption of voluntariness has not been satisfactorily overcome.
More importantly, the statements are replete with details which only the accused could have known and which the investigators could not have supplied, as follows: that Escolastica Pingol or "Tecang," was a witch; that although they knew that such could not be believed by courts of law, they knew for a fact, that she was victimizing certain members of the community; that Cortez was in fact a victim of her witchery, as was Sampang’s mother; and that they went to Tecang’s house only to scare her but when they heard her and her family shouting for help, they started firing. The confessions also reveal that they utilized Benjamin Villanueva to guide them to Tecang’s house as well as the direction they took in getting there. All these details are earmarks of voluntariness.
5. Contrary to petitioner’s contention, corpus delicti here has also been proven. As early as People v. Mones, [58 Phil. 5 (1933)], this Court has held that corpus delicti is the fact of specific loss or injury and that in homicide, the fact of death, whether or not feloniously caused, is the corpus delicti. This has been sufficiently shown by the death certificates of the victims and the testimony of Santiago Baltazar. With sufficient proof of the corpus delicti, the extrajudicial confessions are thus sufficient to convict Cortez and Sampang of homicide and less serious physical injuries.
Nonetheless, even if We were to disregard the extrajudicial confessions, the positive identification made by Santiago Baltazar is still ample evidence to establish the guilt of the accused to a moral certainty.
6. Lastly, we consider the defense raised by petitioners Cortez claimed that he was in a neighboring sitio guarding his growing crops against wild pigs while Sampang alleged that he was at home attending to his sick child.
Alibi is easily fabricated such that courts must accept it only with great caution. For such defense to prosper, it is not enough that the accused were somewhere else but that it must be clearly shown that it was physically impossible for them to have been at the place of the crime or its immediate vicinity at the time of its commission [People v. Perante, Jr., G.R. Nos. L-63709-10, July 16, 1986, 143 SCRA 56; People v. Gapasin, G.R. No. L-52017, October 27, 1986, 145 SCRA 178; and People v. Santillan, G.R. No. 68331, January 29, 1988.] In this case, the places where petitioners were at the time of the incident and the place where the crime was committed are within walking distance.chanrobles.com:cralaw:red
Furthermore, the defense of alibi must fail in view of the clear and positive identification made by Baltazar. He had known Cortez and Sampang for a considerable period of time. There was no showing that he had any grudge or improper motive to foist such a serious accusation upon them and fabricate his testimony.
On the totality of the evidence therefore, the Court finds the guilt of the petitioners to have been proved beyond reasonable doubt.
WHEREFORE, the petition is denied, and the decision of the Court of Appeals affirmed, except the indemnity in the two homicide cases which is hereby raised in each case to P30,000.00.
Fernan, Feliciano and Bidin, JJ., concur.
Gutierrez, Jr., J., on leave.
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The Anticipation Misconception
This article examines both the work product doctrine’s historical and philosophical roots to determine whether the “anticipation of litigation” requirement should be a bar to protection of “core” work product from discovery. Part II examines the current state of the work product doctrine through Federal Rule of Civil Procedure 26(b)(3) and case law and compares the doctrine with the attorney-client privilege. Part II concludes by demonstrating how “core” work product can be discovered despite the protection of these two doctrines. Part III examines the Hickman v. Taylor case within its historical context, starting with the enactment of the first Federal Rules of Civil Procedure in 1938 and concluding with an analysis of the Court’s decision itself. Part IV discusses the subsequent interpretations of Hickman v. Taylor, and how the “anticipation of litigation” requirement, or anticipation misconception, got its start through, of all things, a student note in the Harvard Law Review. Part IV concludes with a discussion of the Supreme Court’s interpretations of Rule 26(b) as it currently exists. Finally, Part V examines the “anticipation of litigation” requirement in light of this historical development and proposes that the requirement is unjustified historically, philosophically and as a matter of policy. Part V, therefore, proposes that, with regard to core work product, a new exception be established, or rather recognition that an old exception continues to exist.
Colin P. Marks
Kentucky Law Journal
99KyLJ9
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COLIN P. MARKS – THE ANTICIPATION MISCONCEPTION
The Anticipation Misconception Colin P. Marks1 I.Introduction Imagine that your client calls to obtain advice regarding the adequacy of the warnings and instructions on a new medical product prior to releasing the product on the market. After reviewing the product, its warnings and background information, you prepare drafts of a memorandum and make numerous notes to yourself regarding the possible legal liability associated with the product. Finally, you send the client a memorandum outlining your thoughts and advice for reducing litigation risks. Some years later, litigation arises surrounding the product and the plaintiffs request to see the memorandum you prepared regarding potential liability as well as any notes and materials used to create such memorandum. Your client refuses to produce the requested memorandum and materials on the grounds that it is protected by both the attorney client privilege and work product doctrine. Though the memorandum may seem to be clearly protected by the attorney-client privilege, does the work product doctrine truly apply? And are the attorney’s notes, drafts and research trails that were not shared with the client protected under the work product doctrine? The likely answer to these questions is “no” simply by virtue of the fact that they may not be deemed to have been prepared in “anticipation of litigation,” as that term is often
Associate Professor of Law, St. Mary's University School of Law. J.D., University of Houston Law Center; B.S. University of Missouri–Columbia. This article was selected as a winner of the 2010 Southeast Association of Law Schools Call for Papers Competition. I would like to thank and acknowledge the hard work and assistance of my research assistants, Jason Goss, Rusty Hoermann, Matt Johnson and Sarah Minter, in researching and writing this article. I would also like to thank my wife Jill, daughter Savannah, and son George for their love and support. 1
interpreted as litigation being more than a remote possibility.2 Adding to this confusion is disagreement upon whether the materials sought must be created in preparation of litigation or if it is permissible that some other business purpose also played a role in their creation, the latter being excluded under the term “anticipation of litigation” in some jurisdictions. Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.”3 The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client.4 This
See, e.g., Diversified Indus. Inc. v. Meredith, 572 F.2d 596, 603-04 (8th Cir. 1977) (emphasizing that “anticipation of litigation” is the keystone to work product protection, and denying work product protection to a document that was clearly opinion work product, but prepared before litigation was anticipated). 3 See, e.g., Liesa L. Richter, The Power of Privilege and the Attorney-Client Privilege Protection Act: How Corporate America has Everyone Excite About the Emperor’s New Clothes, 43 WAKE FOREST L. REV. 979, 1031 (2008) (citing to the Hickman decision as support that “the work-product doctrine provides additional protection for the work product of an attorney made in anticipation of litigation.”); Latieke M. Lyles, Cooperation or Coercion?: Why Selective Waiver is Needed in Government Investigations, 52 ST. LOUIS U. L.J. 1291, 1297 (2008); Keith Paul Bishop, The McNulty Memo – Continuing the Disappointment, 10 CHAP. L. REV. 729, 731 n.10; Thomas C. Pearson, Investigations, Inspections, and Audits in the Post-Sox Environment, 86 NEB. L. REV. 43, 96 n.348 (2007); Richard C. Reuben, Confidentiality in Arbitration: Beyond the Myth, 54 U. KAN. L. REV. 1255, 1295 (2006); Pacific Fisheries, Inc. v. United States, 539 F.3d 1143, 1148 (9th Cir. 2008); Miccosukee Tribe of Indians of Florida v. United States, 516 F.3d 1235, 1263 (11th Cir. 2008); Dairyland Power Co-op v. United States, 79 Fed.Cl. 709, 721 (Fed. Cl. 2007); AAB Joint Venture v. United States, 75 Fed. Cl. 432, 444-45 (Fed. Cl. 2007); Regional Airport Authority of Louisville v. LFG, L.L.C., 460 F.3d 697, 713 (6th Cir. 2006); In re Grand Jury Subpoenas, 454 F.3d 511, 520 (6th Cir. 2006); Grace United Methodist Church v. City of Cheyenne, 451 F.3d 643, 668 (10th Cir. 2006); In re Grand Jury Subpoena Dated Oct. 22, 2001, 282 F.3d 156, 160 (2d Cir. 2002); In re Grand Jury Subpoena Duces Tecum, 112 F.3d 910, 924 (8th Cir. 1997); Cabot v. United States, 35 Fed.Cl. 442, 445 (Fed. Cl. 1996). 4 See, e.g., Pacific Gas and Elec. Co. v. U.S., 69 Fed.Cl. 784, 789 (Fed. Cl. 2006) (asserting that the work product doctrine is intended to preserve a zone of 2
justification supports limiting protection to only work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a closer reading of Hickman reveals that, though the facts of that case involved preparation for trial, the Supreme Court placed no such limit on the scope of protection afforded an attorney’s “mental impressions, conclusions, opinions or legal theories,”5 known as “core” work product. In fact, the Supreme Court made very clear that such materials should be afforded special protection, above and beyond that afforded “ordinary” work product, which includes “written or oral information transmitted to the attorney and recorded as conveyed by the client.”6 Furthermore, though the “zone of privacy” justification was used by the Court, a much broader concern for the effect discovery of such materials would have on the attorney-client relationship was also articulated. This policy concern shares much in common with the instrumental policy justification that is at the heart of the attorneyclient privilege. Thus, a review of Hickman reveals at least two commonly held misconceptions about that case: 1) that it requires “core” work product to be produced in “anticipation of litigation” before protection can attach and 2) that the sole justification for the protection is to create a “zone of privacy” within which the attorney can work. Together, these misconceptions have produced problems that should be of concern to both the practitioner and academic. From a practical standpoint, these misconceptions have
privacy where an attorney can prepare and develop his legal strategy); Hobley v. Burge, 433 F.3d 946, 949 (7th Cir. 2006) (identifying the purpose of the work product doctrine as establishing a zone of privacy in which lawyers can analyze their case free from interference by an adversary); Hanson v. U.S. Agency for Intern. Development, 372 F.3d 286, 292 (4th Cir. 2004) (indicating that the work product doctrine serves to provide a zone of privacy within which to plan for a case); United States. v. Adlman, 134 F.3d 1194, 1196 (2d Cir. 1998) (stating the purpose of the work product doctrine is to preserve a zone of privacy in which an attorney can prepare their case);United States v. AT&T Co., 642 F.2d 1285, 1299 (D.C. Cir. 1980). 5 FED. R. CIV. P. 26(b)(3). 6 In re Antitrust Grand Jury, 805 F.2d 155, 163 (6th Cir. 1986). 3
limited the scope of coverage given to the attorney’s “core” work product causing problems with knowing what in the attorney’s file will be discoverable. Furthermore, as different jurisdictions have adopted varying standards, attorneys must deal with a lack of uniformity when it comes to protecting work product. Academically, these misconceptions are troubling because they have resulted in a system that encourages forum shopping and creates distinctions without any meaning or justification. This article examines both the work product doctrine’s historical and philosophical roots to determine whether the “anticipation of litigation” requirement should be a bar to protection of “core” work product from discovery. Part II examines the current state of the work product doctrine through Federal Rule of Civil Procedure 26(b)(3) and case law and compares the doctrine with the attorney-client privilege. Part II concludes by demonstrating how “core” work product can be discovered despite the protection of these two doctrines. Part III examines the Hickman v. Taylor case within its historical context, starting with the enactment of the first Federal Rules of Civil Procedure in 1938 and concluding with an analysis of the Court’s decision itself. Part IV discusses the subsequent interpretations of Hickman v. Taylor, and how the “anticipation of litigation” requirement, or anticipation misconception, got its start through, of all things, a student note in the Harvard Law Review. Part IV concludes with a discussion of the Supreme Court’s interpretations of Rule 26(b) as it currently exists. Finally, Part V examines the “anticipation of litigation” requirement in light of this historical development and proposes that the requirement is unjustified historically, philosophically and as a matter of policy. Part V, therefore, proposes that, with regard to core work product, a new exception be established, or rather recognition that an old exception continues to exist. This exception, based upon Hickman, would afford “core” work product a residuum of protection from discovery, regardless of the context in which it was created, so long as it was created by an attorney in his or her role of providing legal assistance. Such an exception to discovery would grant “core” work product a
privileged status similar to that received by attorney-client communications, a result that makes sense when the instrumental policy justification for the doctrine is taken into account. Recognition of this protection will be more in keeping with the holding of Hickman and will help dispel uncertainty as to the scope of the doctrine due to the various readings courts have given to the term “anticipation of litigation.” II.The Work Product Doctrine Before delving into the historical and philosophical underpinnings of the work product doctrine, a brief overview of the doctrine as it stands today is necessary to demonstrate how the anticipation of litigation requirement can be problematic. Because parties often seek to protect material under both the work product doctrine and the attorney-client privilege, a brief review of the attorney-client privilege is in order as well as a discussion of how these protections differ. Although these doctrines cover slightly different materials, their philosophical underpinnings actually have much in common. A.Work Product Doctrine Under Federal Rule of Civil Procedure 26(b)(3) 1. The scope of work product protection In short, the work product doctrine grants a qualified privilege to the work product of a party or its agents.7 While the work product doctrine in the civil context has its roots in the 1946 United States Supreme Court case of Hickman v. Taylor, today the
Chiasson v. Zapata Gulf Marine Corp., 988 F.2d 513, 514 n.2 (5th Cir. 1993); United States v. Armstrong, 517 U.S. 456, 474 (1996); Admiral Ins. Co. v. U.S. Dist. Court for Dist. of Arizona, 881 F.2d 1486, 1494 (9th Cir. 1989); Westinghouse Elec. Corp. v. Republic of Phillippines, 951 F.2d 1414 (3d Cir. 1991); Charles M. Yablon & Steven S. Sparling, United States v. Adlman: Protection for Corporate Work Product?, 64 BROOK. L. REV. 627, 633 (1998); Jeff A. Anderson et al., The Work Product Doctrine, 68 CORNELL L. REV. 760, 762 (1983). 5
Hickman decision has been partially codified in Federal Rule of Civil Procedure 26(b)(3).8 Rule 26(b)(3) provides: (3) Trial Preparation: Materials. (A) Documents and Tangible Things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(b)(4), those materials may be discovered if: (i) they are otherwise discoverable under Rule 26(b)(1); and (ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means. (B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation.9 The rule has been summarized as giving a qualified privilege to materials that are “(1) documents and tangible things otherwise discoverable, (2) prepared in anticipation of litigation, (3) by or for another party or by or for that other party’s representative.”10 Though the first of these elements only speaks in terms of
FED. R. CIV. PRO. 26(b)(3); EDNA S. EPSTEIN, THE ATTORNEY-CLIENT AND WORK PRODUCT DOCTRINE 795 (5th ed. ABA 2007). The Federal Rules of Criminal Procedure offer a similar protection through Rule 16(b)(2). Fed. R. Crim. Pro. 16(b)(2); EPSTEIN, supra at 795. Though this article will focus on the civil rules, reference may be made at some points to the work product doctrine in criminal context. 9 FED. R. CIV. PRO. 26(b)(3). 10 EPSTEIN, supra n. 8, at 797; Anderson, supra n. 7, at 792. 6
“documents and tangible things,” the protection also is afforded to intangible things such as the recollections of an attorney or party requested through an interrogatory via the original Hickman decision.11 The second requirement that work product be “prepared in anticipation of litigation” presents difficulties in interpretation. Courts have responded to this by adopting a variety of approaches for when something actually meets this criteria.12 As one commentator has noted, there appears to be, at its core, two factors required for work product protection to apply: “there must be a threat of litigation and there must be a motivational component.”13 As for the first factor, one issue that arises is whether the action threatened qualifies as “litigation.” The Federal Rules do not define “litigation,” but courts generally have broadened the term to apply beyond merely litigation is federal district courts so as to extend to other “adversarial proceedings.”14 Thus, documents prepared for compliance with federal securities laws have not been
EPSTEIN, supra n. 8, at 815; RICHARD L. MARCUS, The Story of Hickman: Preserving Adversarial Incentives While Embracing Broad Discovery, in CIVIL PROCEDURE STORIES, at 349 (2d ed. Foundation Press 2008, Kevin M. Clermont editor); CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 2024 (West 1994); In re Cendant Securities Litig. 343 F.3d 658, 662-63 (3d Cir. 2003); In re Grand Jury, 473 F.2d 840, 845-46 (8th Cir. 1973); Henry S. Noyes, Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick, 66 WASH. & LEE L. REV. 673, 762 (2009). 12 6 JAMES WM. MOORE ET AL., MOORE’S FEDERAL PRACTICE - CIVIL § 26.70 (3d ed. 2007) (section authored by Patrick E. Higginbotham) (“Courts have devised various formulations regarding just how concrete the prospect of litigation must be before protection will attach to a given document.”); Anderson, supra n 7, at 845. 13 EPSTEIN, supra n. 8, at 825 (citing Marten v. Yellow Freight Sys., 1998 WL 13244, at *10 (D. Kan. 1998)). 14 EPSTEIN, supra n. 8, at 826-27; Jerold S. Solovy et al., Protecting Confidential Legal Information: A Handbook for Analyzing Issues Under the Attorney Client Privilege and the Work Product Doctrine, 797 PLI/Lit 225, 491 (2009); Willingham v. Ashcroft, 228 F.R.D. 1 (D.D.C. 2005); Deseret Mgmt. Corp. v. United States, 76 Fed.Cl. 88, 92-93 (Fed.Cl. 2007). 7
afforded work product protection, nor have the notes of an attorney taken during a conference call with the Food and Drug Administration regarding the failure rate of a medical device because no investigation was pending, and thus the documents were not prepared for “litigation.”16 Similarly, documents prepared in anticipation of a governmental investigation have not been granted work product protection,17 but once a governmental investigation has actually commenced, the work product doctrine may apply as the prospect of litigation is no longer remote.18 This leads to yet another problem with applying the workproduct doctrine; when is litigation “anticipated”? The term “anticipation” is also not defined by the Federal Rules leading courts to again apply various standards. Analyzing whether work product was produced in anticipation of litigation often requires an inquiry into both the temporality of the threatened adversarial proceeding as well as an inquiry into the second motivational factor cited by above.19 As to the temporality of the litigation, where a proceeding has actually been initiated, the requirement is met, but the doctrine does not require that a suit be filed for the
Biddison v. Chicago, 1989 U.S. Dist. Lexis 3991, at *2 (N.D. Ill. 1989); EPSTEIN, supra n. 8, at 829-30 (citing same). 16 In re Grand Jury Subpoena, 220 F.R.D. 130, 156 (D. Mass. 2004); EPSTEIN, supra n. 8, at 830 (citing same). 17 In re Grand Jury Subpoena, 220 F.R.D. 130, 147 (D. Mass. 2004); Guzzino v. Felterman, 174 F.R.D. 59, 63 (W.D. La. 1997); WRIGHT ET AL., supra n. 10, § 2024; EPSTEIN, supra n. 8, at 831. 18 Pacamor Bearings, Inc. v. Minebea Co., 918 F. Supp. 491, 513 (D.N.H. 1996); EPSTEIN, supra n. 8, at 831-32 (citing same). See also In re Int’l Sys. & Controls Corp. Securities Litig., 693 F.2d 1235, 1239 and n.4 (5th Cir. 1982); United States v. Amerada Hess Corp. 619 F.2d 980, 987 (3d Cir. 1980); Garrett v. Metropolitan Life Ins. Co., 1996 WL 325725, at *3 (S.D. N.Y. 1996) (citing Martin v. Bally’s Park Place Hotel and Casino, 983 F.2d 1252, 1261 (3d Cir. 1993)). 19 EPSTEIN, supra n. 8, at 836; Equal Rights Center v. Post Properties, Inc., 247 F.R.D. 208, 210 (D. D.C. 2008); Fago v. M&T Mortgage Corp., 242 FRD 16, 23 (D. D.C. 2007); Amway Corp. v. The Procter & Gamble Co., 2001 WL 1818698, at *6 (W.D. Mich. 2001); Evans v. Atwood, 177 F.R.D. 1, 6 (D. D.C. 1997). 8
protection to apply. It is in this pre-suit context that the temporality requirement is at its most chimerical. It is often stated that the chance of litigation must be more than a mere possibility.21 “In general . . . a party must show more than a remote prospect, an inchoate possibility, or a likely chance of litigation.”22 Courts, however, vary on the level of temporality they will require, with some courts requiring a very high level of imminence while others seem content with a much lesser degree of imminence.23 For instance, some courts have interpreted “in anticipation of litigation” to mean that protection will only extend to work product prepared “under the supervision of an attorney in preparation for the real and imminent threat of litigation or trial.”24 However, other courts have quoted a more liberal standard, requiring that there exists “a subjective belief that litigation was a real possibility, and that belief must [be] objectively reasonable,”25 or an even less demanding standard that the alleged work product was prepared “with an eye toward litigation.”26 This variance in the stringency of what qualifies as work product, due to when litigation is “anticipated,” has created a lack of uniformity across
Epstein, supra n. 8, at 837; United States v. Adlman, 134 F.3d 1194, 1200 (2d Cir. 1998); Grinnell Corp. v. ITT Corp., 222 F.R.D. 74, 78 (S.D. N.Y. 2003); Collins v. Mullins, 170 F.R.D. 132, 135-36 (W.D. Pa. 1996). 21 Solovy et al., supra n. 14, at 492; John M. Burman, The Work Product Doctrine, WYOMING LAWYER 38, 41, April 2006; Diversified Indus., Inc. v. Meredith 572 F.2d 596, 604 (8th Cir. 1978); Garfinkle v. Arcata Nat’l Corp., 64 F.R.D. 688, 690 (S.D. N.Y. 1974). 22 In re Gabapentin Patent Litig., 214 F.R.D. 178, 183 (D.N.J. 2003). 23 Epstein, supra n. 8, at 850-51; Anderson, supra n. 7, at 845-46. 24 Williams v. Sprint/United Mgmt. Co., 2006 WL 266599 at *10 (D. Kan. 2006); Banks v. United States, 2005 WL 974723 at *3 (W.D. Wash. 2005) (“In determining whether documents were prepared in anticipation of litigation, the court should consider whether the documents would not have been generated but for the pendency or imminence of litigation.”). 25 In re Sealed Case, 146 F.3d 881, 884 (D.C. Cir. 1998); United States v. Roxworthy, 457 F.3d 590, 594 (6th Cir. 2006); Martin v. Bally’s Park Place Hotel & Casino, 983 F.2d 1252, 1260 (3d Cir. 1993); Nat’l Union Fire Ins. Co. v. Murray Sheet Metal Co., 967 F.2d 980, 984 (4th Cir. 1992). 26 United States v. Adlman, 134 F.3d 1194, 1196 (2d Cir. 1998) (citing to Hickman); In re Sealed Case, 676 F.2d 793, 809 (D. D.C. 1982). 9
judicial districts and has the undesirable effect of increasing the likelihood of forum shopping. Even if the documents are prepared for an adversarial proceeding qualifying as “litigation” and the temporality requirement is met, protection will not be afforded if the motivation for creating the document was not based upon the threatened litigation. For instance, many documents may have been produced for a business purpose, as well as for litigation. Such dual-purpose documents raise doubts as to whether the documents were truly created in anticipation of litigation.27 There is a split between circuits as to what is the correct degree of motivation required. The Fifth Circuit has articulated a standard for “anticipation of litigation” whereby the privilege can apply where litigation is not imminent, “as long as the primary motivating purpose behind the creation of the document was to aid in possible future litigation.”28 The Second Circuit, in United States v. Adlman, has rejected the “primary motivating purpose” test and instead opted for the “because of” rule whereby “documents should be deemed prepared ‘in anticipation of litigation,’ . . . if in light of the nature of the document and the factual situation in the particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation.”29 The standard adopted by the Second Circuit is a direct adoption of the standard advanced by Charles Wright and
See, e.g., Burton v. R.J. Reynolds Tobacco Co., 200 F.R.D. 661, 674 (D. Kan. 2001) (stretching the concept of creation for a business purpose by finding that the defendant, R.J. Reynolds was in the business of litigation, and thus, “documents prepared in the ordinary course of that business of litigation without a tie to specific litigation are not protected by work product immunity.”). 28 United States v. Davis, 636 F.2d 1028, 1040 (5th Cir. 1981). But see In re Sealed Case, 146 F.3d 881, 884 (D.C. Cir. 1998); United States v. Roxworthy, 457 F.3d 590, 594 (6th Cir. 2006); Martin v. Bally’s Park Place Hotel & Casino, 983 F.2d 1252, 1260 (3d Cir. 1993); Nat’l Union Fire Ins. Co. v. Murray Sheet Metal Co., 967 F.2d 980, 984 (4th Cir. 1992). 29 Adlman, 134 F.3d at 1202-03 (internal quotations omitted) (emphasis in original) (citing CHARLES ALAN WRIGHT ET AL., 8 FEDERAL PRACTICE & PROCEDURE § 2024, at 343 (1994)). 10
Arthur Miller in their treatise Federal Practice and Procedure.30 Wright and Miller encourage adoption of the “because of” standard, stating, “the test should be whether, in light of the nature of the document and the factual situation in the particular case, the document can be fairly said to have been prepared or obtained because of the prospect of litigation.”31 Indeed, a number of circuits have joined the Second Circuit in adopting this approach in varying contexts, including the First,32 Third,33 Seventh,34 Eighth,35 Ninth36 and D.C. Circuits.37 The standard itself could be open to multiple interpretations, however, and has not created a uniform standard. 2. Production of work product under 26(b)(3)(ii) As has already been noted, the work product doctrine is not a true privilege but a qualified privilege. Thus, even if a party has carried its burden and shown the applicability of the work product doctrine, that does not end the inquiry. The party seeking production then carries the burden of showing the applicability of 26(b)(3)(ii), i.e. a substantial need for the materials to prepare its case and an inability to obtain it by other methods without undue hardship.38 In applying this rule, courts make a distinction between ordinary or “fact” work product and “opinion” or “core” work product.39 Ordinary work product has been defined as the “written
WRIGHT ET AL., supra n. 11, at § 2024. Id. 32 State of Maine v. U.S. Dep’t of Interior, 298 F.3d 60, 68 (1st Cir. 2002). 33 Montgomery County v. MicroVote Corp., 175 F.3d 296, 305 (3d Cir. 1999). 34 Logan v. Commercial Union Ins. Co., 96 F.3d 971, 976-77 (7th Cir. 1996). 35 PepsiCo, Inc. v. Baird, Kurtz & Dobson L.L.P., 305 F.3d 813, 817 (8th Cir. 2002). 36 In re Grand Jury Subpoena (Mark Torf/ Torf Environ. Mgmt.), 357 F.3d 900, 907 (9th Cir. 2004). 37 E.E.O.C. v. Lutheran Social Serv., 186 F.3d 959, 968 (D.C. Cir. 1999). 38 FED. R. CIV. PRO. 26(b)(3)(ii); Epstein, supra n. 8, at 811. 39 In re Columbia/HCA Healthcare Corp. Billing Practices Litig., 293 F.3d 289, 294 (6th Cir. 2002). 11
or oral information transmitted to the attorney and recorded as conveyed by the client.”40 Such ordinary work product may be obtained, despite the privilege, by meeting the above test, i.e. upon a showing of substantial need and an inability to otherwise obtain the privileged work product without material hardship.41 But courts, based on the language of Rule 26(b) and the Hickman decision itself, give special protection to core work product. “[A]bsent waiver, a party may not obtain the ‘opinion’ work product of his adversary; i.e., ‘any material reflecting the attorney’s mental impressions, opinions, conclusions, judgments, or legal theories.’”42 Thus, core work product enjoys a greater level of protection than fact or ordinary work product but even the extent of that heightened protection is somewhat unclear. While some courts have articulated an absolute protection to “core” work product, many others, including the United States Supreme Court, have stopped short of affording it such status.43 B.The Work Product Rule Distinguished From Attorney-Client Privilege 1.The attorney-client privilege and how it is applied In diversity cases, federal law mandates that state law governs the attorney-client privilege.44 However, if the court’s jurisdiction is premised upon a federal question, the attorney-client privilege is defined by federal common law.45 The elements of the attorney-client privilege are satisfied: “(1) Where legal advice of any kind is sought (2) from a professional legal advisor in his
In re Antitrust Grand Jury, 805 F.2d 155, 163 (6th Cir. 1986). Toledo Edison Co. v. G.A. Technologies, Inc., 847 F.2d 335, 339-40 (6th Cir. 1988); Castle v. Sangamo Weston, Inc., 744 F.2d 1464 (11th Cir. 1984). In this sense, the work-product privilege is not an absolute privilege, but more akin to a qualified privilege. EPSTEIN, supra n. 8, at 797. 42 In re Columbia/HCA, 293 F. 3d at 294 (quoting In re Antitrust Grand Jury, 805 F.2d at 163-64). 43 EPSTEIN, supra n. 8, at 947-50. 44 FED. R. EVID. 501. 45 See Upjohn Co. v. United States, 449 U.S. 383, 389 (1981); Jaffee v. Redmond, 518 U.S. 1, 6-7 (1996). 12
capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client (6) are at his instance permanently protected (7) from disclosure by himself or the legal advisor, (8) unless the protection is waived.”46 A more succinct statement of the privilege is that a party must show: “(1) a communication; (2) made between privileged persons; (3) in confidence;(4) for the purpose of seeking, obtaining, or providing legal assistance to the client.47
Banner v. Hamilton, 99 Fed.Appx. 29, 36 (6th Cir. 2004) (citing to Reed v. Baxter, 134 F.3d 351, 355-56 (6th Cir. 1998); United States v. Bisanti, 414 F.3d 168, 171 (1st Cir. 2005) (articulating nearly identical standard). 47 EPSTEIN, supra n. 8, at 65 (citing Restatement, The Law Governing Lawyers § 118 (Tentative Draft No.1, 1988)); Wilson v. Foti, 2004 WL 744874 at * 2 (E.D. La. 2004) (citing EPSTEIN); see also Upjohn Co., 449 U.S. at 395 (discussing elements of confidentiality and communication); Fisher v. United States, 425 U.S. 391, 403 (1976) (confidential disclosures by a client to an attorney made in order to obtain legal assistance are privileged); Colin P. Marks, Corporate Investigations, Attorney-Client Privilege, and Selective Waiver: Is a Half-Privilege Worth Having at All?, 30 SEATTLE L. REV. 155, 158 (2006). Though individual state and federal courts have articulated variations of this standard, these four basic prongs remain consistent. For instance, the Third Circuit in In re Grand Jury Investigation, 599 F.2d 1224 (3d Cir. 1979) described the elements as: (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is the member of the bar of court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion of law or (ii) legal services or (iii) assistance in some legal preceding, and not (d) for the propose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client. Id. at 1233. Though this standard adds some nuances, such as the crime-fraud exception to the privilege, the basic standard remains the same. Furthermore, though this standard is articulated in terms of communications from a client to an attorney, the privilege also covers communications from an attorney to a client. Lewis v. UNUM Corp. Severance Plan, 203 F.R.D. 615, 618 (D. Kan. 2001) (citing Sprague v. Thorn Americas, Inc., 129 F.3d 1355, 1370-71 (10th Cir.1997)). 13
There are a few notable exceptions to the privilege. Disclosure of communications to third parties can lead to a waiver of the privilege.48 Also the communication must be for the purpose of securing legal advice as opposed to securing general business advice.49 Where an in-house counsel also serves in a business role, the inquiry can be difficult, requiring a hard look into whether the communication was made for a business as opposed to a legal purpose. “Business communications are not protected merely because they are directed to an attorney, and communications at meetings attended or directed by attorneys are not automatically privileged as a result of the attorney’s presence.”50 Thus, in cases where in-house counsel serve a dual legal/business role, courts will look at the nature of the communication to determine whether the primary purpose of the communication was to provide legal assistance.51
Marks, supra n. 47, at 159. Id. 50 Kramer v. Raymond Corp., 1992 WL 122856 at * 1 (E.D. Pa. 1992). At one time, many federal courts adopted a “control group” test to determine if communications between corporate employees and the corporate counsel were covered by the privileged. See Lipshy, 492 F. Supp. at 42-43. Under this test, “the privilege applied if the employee making the communication was in a position to control or take a substantial part in a decision about any action which the corporation might take upon the advice of the attorney, or if he was an authorized member of a body or group which had the authority, such that he, in effect, personified the corporation.” Marks, supra, n. 47, at 162. However, this approach was squarely rejected by the Supreme Court in 1981 in Upjohn Company v. United States. 449 U.S. 383, 391-92 (1981); National Converting & Fulfillment Corp. v. Bankers Trust Corp., 134 F. Supp. 2d 804, 806 n. 1 (N.D. Tex. 2001). Today, under federal law, “communications from lower echelon employees are within the privilege as long as the communications are made to the attorney to assist him in giving legal advice to the client corporation.” Marks, supra n. 47, at 163; Painewebber Group, Inc. v. Zinsmeyer Trusts Partnership, 187 F.3d 988, 991-92 (8th Cir. 1999); United States v. El Paso Co., 682 F.2d 530, 538 n.8 (5th Cir. 1982) (citing Upjohn, 449 U.S. at 391-92). 51 Kramer v. Raymond Corp., 1992 WL 122856 at * 1 (E.D. Pa. 1992); MSF Holding, Ltd. v. Fiduciary Trust Co. Int’l, 2005 WL 3338510 at *1 (S.D. N.Y. 2005); Avianca, Inc. v. Corriea, 705 F.Supp. 666, 676 (D.C. Cir. 1989). Two other notable exceptions are that underlying facts are not protected, Upjohn, 449 U.S. at 395-96; United States v. Rakes, 136 F.3d 1, *3-4 (1st Cir. 1999); Rhone14
2. Policy justifications for the attorney-client privilege The attorney-client privilege has been said to be one of the oldest existing legal privileges, dating back to ancient Rome, where it was initially used as a means to prevent an attorney from being called as a witness in his client’s case.52 The justifications for the attorney-client privilege have evolved over the years. Today, the most commonly cited policy supporting existence of the privilege is that open and frank communications with an attorney facilitates compliance with the law.53 Thus, the privilege exists to promote full disclosure by the client and to foster a relationship of trust between the attorney and the client.54 This justification has been labeled an “instrumental” one in that the privilege serves as an instrument, or a means, to an end – that end being communications between attorney and client.55 At its heart, this justification is based upon an assumption that without the
Poulenc Rorer Inc. v. Home Indem. Co., 32 F.3d 851, 862 (3d Cir. 1994), and the privilege does not apply to communications concerning an intended or continuing crime under the crime-fraud exception. See JOHN WILLIAM GERGACZ, ATTORNEY-CORPORATE CLIENT PRIVILEGE § 4.03 (3d ed. 2001). 52 JOHN WILLIAM GERGACZ, ATTORNEY-CORPORATE CLIENT PRIVILEGE § 1.04 at 1-3 - 1-4 (3d ed. 2001). Wigmore described the privilege as being an accepted part of English law, however, this notion has come under attack as being inaccurate and possibly was nothing more than a makeweight to “distinguish [the attorney client privilege] from those that Wigmore chose to deprecate as ‘novel privileges.’” CHARLES ALAN WRIGHT AND KENNETH W. GRAHAM, FEDERAL PRACTICE & PROCEDURE, FEDERAL RULES OF EVIDENCE § 5472 (2d ed. West 2005) (1977). 53 Geoffrey C. Hazard, Jr., An Historical Perspective on the Attorney-Client Privilege, 66 CAL. L. REV. 1061 (1978) (“The privilege is also considered necessary to the lawyer’s function as confidential counselor in law or the similar theory that the legal counselor can properly advise the client what to do only if the client is free to make full disclosure.”). 54 Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343, 348 (1985); Palmer v. Farmers Ins. Exchange, 861 P.2d 895, 904-05 (Mont. 1993). 55 EDWARD J. IMWINKELRIED, THE NEW WIGMORE: A TREATISE ON EVIDENCE § 5.1.1 at 257 (Aspen 2002). 15
privilege, clients will not disclose necessary facts to the attorney.56 Thus, the privilege has been described, from a cost-benefit standpoint, as cost-free to society as, without the privilege, the evidence at issue would not have been disclosed and discoverable in the first place.57 Not surprisingly, because the attorney-client privilege is based upon an assumed benefit, it has been criticized as speculative and its benefits called into question.58 This has caused some commentators to offer up alternative, “non-instrumental” justifications for the privilege, such as a humanistic privacy justification.59 Imwinkelried distinguishes this justification from Wigmore’s noting that, “[u]nlike Wigmore’s theory, the humanistic rationale does not rest on the factual assumption of a causal connection. Rather, the rationale is that it is desirable to create certain privileges out of respect for personal rights such as autonomy or privacy.”60 This privacy concern mirrors a primary justification that is often cited to when explaining the work product doctrine – the benefits of having a “zone of privacy” within which an attorney can work. Nonetheless, this humanistic policy justification has not overtaken the instrumental justification
Id. at § 5.1.1 at 258; Swindler & Berlin v. United States, 524 U.S. 399, 408 (1998). 57 IMWINKELRIED, supra n. 55, at §5.1.1, at 258. Interestingly, at one time, the paradigm for this justification was in the context of a trial lawyer being consulted for the purposes of litigation, before the rise of the in-house counsel, but the justification has been extended to the in-house counsel context as well. WRIGHT & GRAHAM, supra n. 52, at § 5472; Vincent C. Alexander, The Corporate Attorney-Client Privilege: A Study of the Participants, 63 ST. JOHN'S L. REV. 191, 267-68 (1989) (“Interestingly, for several decades of its common law existence, the attorney-client privilege encompassed only communications relating to the litigation in which the lawyer's testimony was sought. It was not until the mid-1800s that the privilege was held to include communications relating to ‘legal advice of any kind’.”); 8 J. WIGMORE, EVIDENCE, § 2294 (McNaughton rev.ed.1961). 58 WRIGHT & GRAHAM, supra n. 52, at § 5472; IMWINKELRIED, supra n. 55, at §5.2.1, at 266-67. 59 WRIGHT & GRAHAM, supra n. 52, at § 5472; IMWINKELRIED, supra n. 55, at §5.1.2. 60 IMWINKELRIED, supra n. 55, at §5.1.2, at 259. 16
and the Supreme Court has continued to cite approvingly to the instrumental justification in recognizing new privileges.61 3. Coverage under the attorney-client privilege versus the work product doctrine
It has been said that the scope of the work product doctrine is both broader than and narrower than the attorney-client privilege.62 It is broader in that it extends to materials beyond just communications.63 However, it is narrower in that it only extends to materials created “in anticipation of litigation.”64 In some
Id. at § 5.1.1, at 258; Jafee v. Redmond, 518 U.S. 1, 11-12 (1996); United States v. Zolin, 491 U.S. 554, 562-63 (1989). 62 Compare United States v. Nobles, 422 U.S. 225, 238 n.11 (1975)(“[T]he work-product doctrine is distinct from and broader than the attorney-client privilege.”) and In re Columbia/HCA Healthcare Corp. Billing Practices Litig., 293 F.3d 289, 304 (6th Cir. 2002) and In re Martin Marietta Corp., 856 F.2d 619, 624 (4th Cir. 1988) with In re OM Sec. Litig., 226 F.R.D. 579, 587 (N.D. Ohio 2005) (noting, inversely, that the attorney-client privilege is broader than the work product doctrine). See also Fred A. Simpson, Has the Fog Cleared? Attorney Work Product and the Attorney-Client Privilege: Texas’s Complete Transition into Full Protection of Attorney Work in the Corporate Context, 32 ST. MARY’S L. J. 197, 225-26 (2001) (“The work product doctrine provides a greater area of protection than the attorney-client privilege. In spite of its broad application, work product does not protect documents or tangible items not created in anticipation of litigation.”); Kevin Mark Smith, Preventing Discovery of Internal Investigation Materials: Protecting Oneself From One’s Own Petard, 69 J. KAN. B. ASSOC. 28, 35 (2000) (“Because the work product doctrine is narrower in scope than the attorney-client privilege in that it only applies when litigation is ongoing or pending, an entity must next determine whether the investigation is being conducted as a result of pending litigation.”); Kim J. Gruetzmacher, Comment, Privileged Communications with Accountants: The Demise of United States v. Kovel, 86 MARQ. L. REV. 977, 989 (2003) (“The attorney work product doctrine is at once broader and narrower than the attorney-client privilege.”). 63 In re Columbia/HCA, 293 F.3d at 304 (“[T]he ‘work product doctrine is distinct from and broader than the attorney-client privilege’ and extends beyond confidential communications between the attorney and client to ‘any document prepared in anticipation of litigation by or for the attorney.’”). 64 Gabriel L. Imperato, Internal Investigations, Government Investigations, Whistleblower Concerns: Techniques to Protect Your Health Care 17
instances, this coverage may overlap. For instance, in the hypothetical posited at the beginning of this article in which litigation over a client’s product ensued, a memorandum prepared and given to the client assessing the merits of the pending case or cases would likely have dual coverage under both the attorneyclient privilege (as the memorandum is a communication) and the work product doctrine (as the memorandum was created in anticipation of litigation). But returning to the documents at issue in the introductory hypothetical, would there be any protection for the drafts of a memorandum and attorneys’ notes in his or her file regarding the possible legal liability? Any memoranda that are given to the client may come under the protection of the attorneyclient privilege, but drafts, notes, and possibly even research trails created by the attorney could all be subject to discovery. Though these materials will all likely contain or reflect the mental impressions of the attorney, they were created pre-launch, at a time when litigation was remote. In other words, though the materials may represent core work product, to fall under the protection of the work product doctrine, even core material must be produced “in anticipation of litigation.”65 This limitation can pose a significant problem for the transactional attorney. As Professor Roger Kirst has noted, It seems unlikely that a transaction document will be found to have been created in anticipation of litigation as required by Rule 26(b)(3) to meet the
Organization, 51 ALA. L. REV. 205, 216 (1999) (“The key to this protection is that the work must be performed in anticipation of litigation.”). 65 CHARLES ALAN WRIGHT, ET AL, FEDERAL PRACTICE & PROCEDURE, FEDERAL RULES OF CIVIL PROCEDURE §2026 (2009) (“As with all assertions of workproduct protection, opinion work product is guarded against discovery only if prepared in anticipation of trial; mental impressions of an attorney in service of other objectives, such as negotiation of a transaction, are not protected.”); Duke T. Oishi, A Piece of Mind for Peace of Mind: Federal Discoverability of Opinion Work Product Provided to Expert Witnesses and its Implications in Hawai’i, 24 U. HAW. L. REV. 859, 864 (2002); Ettie Ward, The Litigator’s Dilemma: Waiver of Core Work Product Used in Trial Preparation, 62 ST. JOHN’S L. REV. 515, 516-17 (1988); Anderson et al., supra n. 7, at 820; Robert D. Stokes, Discovering Investigative Reports Under the Work Product Doctrine, 34 BAYLOR L. REV. 156, 159-60 (1982). 18
definition of litigation work product. That leaves the attorney-client privilege as the obvious ground, so lawyers regularly rely on that privilege and assert that the transaction documents they wrote or edited are protected from discovery by the attorneyclient privilege. Thus, the issue in the federal caselaw on discovery of transaction work product has been whether such material is privileged. The federal courts have almost always held that the federal law of the attorney-client privilege does not protect documents that do not reveal the client's confidential communications.66 The case of Hercules Inc. v. Exxon Corp.67 illustrates the difficulty of protecting attorney work product in a patent prosecution context. In Hercules, Hercules sued Exxon for infringement of a patent that disclosed a type of artificial rubber.68 During discovery, Hercules refused to produce 255 requested documents claiming that the documents were protected by either the attorneyclient privilege or work product doctrine.69 The district court began its inquiry by classifying the documents into categories such as “Documents relating to the prosecution of the application for the patent in suit,” or documents relating to a particular interference suit.70 The court then analyzed the documents under
Roger W. Kirst, A Third Option: Regulating Discovery of Transaction Work Product Without Distorting the Attorney-Client Privilege, 31 SETON HALL L. REV. 229, 230 (2000). See also Unted States v. Naegele, 468 F.Supp.2d 165,170 (D.D.C. 2007) (“When there is no intent that the communication remain confidential, the privilege does not attach.”); In re Keeper of the Records, 348 F.3d 16, 22 (1st Cir. 2003) (“The privilege protects only those communications that are confidential and are made for the purpose of seeking or receiving legal advice.”); Santrade, Ltd. v. G.E. Co., 150 F.R.D. 539, 542 (E.D. N.Car. 1993) (noting same); In re Grand Jury Subpoena Duces Tecum Dated September 15, 1983, 713 F.22d 1032, 1037 (2d Cir. 1984) (“[The attorney-client] privilege does not impede disclosure of information except to the extent that the disclosure would reveal confidential communications.”). 67 434 F. Supp. 136 (D. Del. 1977). 68 Id. at 141-42. 69 Id. at 142. 70 Id. 19
the attorney-client privilege finding that a number of the communications were not covered by the privilege, in part due to the communications not being premised upon the rendering of legal advice.71 The court then turned to the work product doctrine, analyzing the documents in light of the “anticipation of litigation” requirement.72 Though the court agreed that an adversarial proceeding included a patent interference proceeding, it stopped short of finding that a document prepared to aid in the prosecution of a patent qualified under the “anticipation of litigation” requirement.73 The scope of that privilege is still limited, however, by the requirement that the document be prepared “with an eye toward litigation.” The prosecution of an application before the Patent Office is not an adversary, but an ex parte proceeding. Although the process involves preparation and defense of legal claims in a quasi-adjudicatory forum, the give-and-take of an adversary proceeding is by and large absent.74 Thus, the court held that a number of the documents, including drafts with attorneys’ handwritten notes, were subject to discovery.75 Hercules demonstrates how documents, even ones that record the mental impressions of attorneys acting in their legal capacity, will fail to garner protection under the work product doctrine if litigation is not anticipated. However, transactional
Id. at 147-48. It is not entirely clear if the documents may have been subject to discovery due to some other reason; the court discussed the argument that some of the communications may not have been to individuals covered by the privilege but dismissed this attack. Id. at 145-47. The court then discussed the requirement that the attorney “is ‘acting as a lawyer’ giving advice with respect to the legal implications of a proposed course of conduct,” and then concluded that “[o]n the basis of the foregoing, the following documents are not protected by the attorney-client privilege: . . ..” Id. at 147-48. 72 Id. at 150-51. 73 Id. at 151-52. 74 Id. 75 Id. at 152. 20
attorneys are not the only ones who face the prospect of their mental impressions being open to discovery. As has already been noted, documents created in anticipation of a government investigation, but prior to the commencement of the investigation have also been found to be beyond the scope of the work product doctrine.76 Indeed, even when a problem has arisen, documents may not be said to be prepared in anticipation of litigation if the prospect is still deemed remote. For instance, in the case of In re Grand Jury Subpoena,77 a case which in many ways mirrors the hypothetical proposed in the introduction, a corporation was under investigation by a grand jury for distributing adulterated and misbranded medical devices in violation of provisions of the Food, Drug, and Cosmetic Act (“FDCA”).78 The device at issue had initially been approved by the Food and Drug Administration (“FDA”) in 1998 for manufacture, but prior to, and during the initial period of shipping the devices, it was discovered that the devices were failing both in routine tests and in actual shipped devices.79 After a series of calls involving the corporation’s officers, attorney and the FDA, among others, the corporation decided to withdraw production of the
In re Grand Jury Subpoena, 220 F.R.D. 130, 158-59 (D. Mass. 2004); Guzzino v. Felterman, 174 F.R.D. 59, 63 (W.D. La. 1997); Epstein, supra n. 8, at 831 (citing Guzzino). See also In re Bank One Securities Litig., 209 F.R.D. 418. 425 (N.D. Ill. 2002) (finding that documents prepared in response to an investigation by the Office of the Comptroller of Currency were not protected by the work product doctrine because the documents “were not prepared due to the anticipation of litigation, but rather [arose] from the evolution of business activities at Bank One as a result of an OCC inquiry.”); In re The Leslie Fay Cos. Securities Litig., 161 F.R.D. 274, 280 (S.D. N.Y. 1995) (holding that documents prepared by an audit committee in light of an SEC investigation were not protected by the work product doctrine because the investigation by the audit committee “was not conducted primarily in anticipation of litigation . . ..”) (emphasis in original). 77 220 F.R.D. 130 (D. Mass. 2004). 78 Id. at 133. To ensure that readers of the opinion could not learn the identity of the corporation or other parties involved, the court created fake names such as XYZ Corporation. Id. at 134, n.1. 79 Id. at 134. 21
device. The grand jury sought to compel the corporation’s attorney to produce the notes he took during these calls with the FDA.81 The corporation and attorney resisted and sought a protective order claiming the notes were protected under the work product doctrine.82 After an extensive review of the work product doctrine, including its various applications in different jurisdictions, the court ultimately denied the protective order finding that the notes were not produced in anticipation of litigation.83 What is striking about the court’s decision, however, is its rather blunt statement that the notes were classic core work product. The court stated, There can be little doubt that if prepared in anticipation of litigation, an attorney's notes of conference calls between a client and a regulatory agency are the sort of materials that the work product doctrine protects. Indeed, they typically qualify as opinion work product, because “when taking notes, an attorney often focuses on those facts that she deems legally significant.”84 But despite the fact that the notes were clearly taken by the attorney to aid him in fulfilling his duties to his client, the court nonetheless found them discoverable. The court ruled that the notes were not generated in “anticipation of litigation” as the FDA
Id. at 136-40. Id. at 133. 82 Id. 83 Id. at 156-62. The court noted that the corporation and its attorney were in a Catch-22 of sorts in that if they claimed they anticipated either a lawsuit or adverse FDA action, this would be based on failures in the field of the device which would put the company out of compliance with the FDCA and thus the notes could be discoverable under the crime-fraud exception. Id. at 157-58. Ultimately, the court concluded that the corporation and attorney had a weak anticipation showing and had also failed to show that the notes were produced because of the prospect of litigation. Id. at 162. 84 Id. at 155-56 (quoting Baker v. Gen. Motors Corp., 209 F.3d 1051, 1054 (8th Cir. 2000)).
had not actually begun an investigation and the prospect of private litigation was not likely at the time the documents were created.85 What is striking about both Hercules and In re Grand Jury Subpoena is that in each case, the court recognized that the documents sought reflected the mental impressions of an attorney acting in his or her capacity as legal counsel, yet the courts denied protection of the work product doctrine on an assumption that work product, even core work product, can only be protected if it was generated “in anticipation of litigation.” 86 This raises a rather basic question of whether the assumption that the “anticipation of litigation” requirement applies to “core” work product is correct or even justified. The remainder of this article discusses the origin of what is, in fact, a misunderstanding of the protection that should be afforded core work product. III.The Genesis of the Work-Product Rule As with most articles that address the work-product doctrine, a discussion of the seminal case of Hickman v. Taylor is in order. However, a mere recitation of the Supreme Court’s holding does not do justice to the nuances of the rule or the purposes for which it was created. To truly understand Hickman, it is necessary to set-up the historical context in which it was decided as well as the state of the Federal Rules of Civil Procedure as they existed at that time.
Id. at 157-62 (stating that “the possibility of litigation must be more than inchoate”). 86 Id. at 155-62; Hercules, Inc. v. Exxon Corp. 434 F. Supp. 136, 151-52 (D.C. Del 1977). See also Diversified Indus., 572 F.2d 596, 603-04 (“That the contents of the report constituted ‘work product’ cannot be denied; nor is there any question that the report contained the mental impressions, conclusions and opinions of those who wrote it, including their interpretations of what the interviews with individuals revealed. However, it was obvious that the Law Firm’s work was not done in preparation for any trial, and we do not think that the work was done in “anticipation of litigation,” as that term is used in Rule 26(b)(3), although, of course, all parties concerned must have been aware that the conduct of employees of Diversified in the years past might ultimately result in litigation of some sort in the future.”). 23
A.The first Rules of Federal Civil Procedure and their purpose The first Rules of Civil Procedure were adopted in 1938.87 Prior to the adoption of these rules, discovery procedures were severely limited. The adversarial process reigned supreme and gamesmanship was the order of the day in litigation.88 Thus, all discovery, including what would later be termed “work product,” was often unavailable to the other side except in circumstances where a court might equitably find that compulsion was required.89 It was in this setting that Roscoe Pound, then Dean of the University of Nebraska’s College of Law, gave a speech to the American Bar Association questioning the propriety of a system that valued the adversarial system over justice.90 This speech apparently helped initiate efforts which led to the adoption of the Rules Enabling Act of 1934.91 The first rules covered a variety of matters, including discovery. The rules represented a stark contrast to the gamesmanship that had existed prior to their adoption, and indeed,
Martin v. Bally’s Park Place Hotel & Casino, 983 F.2d 1252, 1265 (3d Cir. 1993); Furman v. Cirrito, 782 F.2d 353, 355 (2d Cir. 1986); Henley v. F.M.C. Corp., 189 F.R.D. 340, n. 8 (S.D. W.Va. 1999); Naragon v. Dayton Power & Light Co., 934 F. Supp. 899, 903 (S.D. Ohio 1996); Montalvo v. Hutchinson, 837 F. Supp. 576, 577 (S.D. N.Y. 1993); In re Watford, 192 B.R. 276, 279 (Bank. M.D. Ga. 1996). 88 Marcus, supra n. 11, at 326-27; Hickman v. Taylor, 329 U.S. 495, 500-501 (1947) (noting the cumbersome methods of obtaining discovery prior to the Federal Rules). 89 Marcus, supra n. 11, at 326-27; Jay S. Goodman, On the Fiftieth Anniversary of the Federal Rules of Civil Procedure: What Did the Drafters Intend?, 21 SUFFOLK U. L. REV. 351, 360 (1987) (noting that “before the new rules, federal discovery was virtually nonexistent . . ..”). 90 Roscoe Pound, The Causes of Popular Dissatisfaction with the Administration of Justice, 29 A.B.A. Rep. 395, 404-05 (1906); Marcus, supra n. 11, at 326 (quoting Pound); Stephen N. Subrin, How Equity Conquered Common Law: The Federal Rules of Civil Procedure in Historical Perspective, 135 U. PA. L. REV. 909, 944-48 (1987). 91 Marcus, supra n. 11, at 328 (quoting John H. Wigmore, Roscoe Pound’s St. Paul Address of 1906, 20 Judicature 176, 176 (1938). 24
it appears there were a number of courts that were wary of them.92 With regard to discovery, the rules formally provided for when depositions could be taken and their scope,93interrogatories to be served94 and for the production of documents and things.95
Symposium, Discovery Procedure 5 F.R.D. 403, 418-19 (“As I think everyone in this room knows, under the old practice, before the Rules, the trial of a lawsuit was more like a sporting proposition: If you got the better lawyer, you had a better chance of winning; if you could conceal all the facts, you had a better chance of winning.”) (1946); Marcus, supra n. 11, at 329 (quoting Hickman v. Taylor, 153 F.2d 212, 217 n.6 (1945)). 93 FED. R. CIV. P. 26(a) (1938) (amended 1948). Rule 26 read, in pertinent part, (a) When Depositions May be Taken. By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action or without such leave after an answer has been served, the testimony of any person, whether a party or not, may be taken at the instance of any party by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. Depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.(b) Scope of Examination. Unless otherwise ordered by the court as provided by Rule 30(b) or (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether relating to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. Id. 94 FED. R. CIV. P. 33 (1938) (amended 1948). Rule 33 provided, Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the 25
Though these rules made exceptions for privileged materials,96 meaning documents revealing attorney-client communications would remain protected under the attorney-client privilege, the rules made no exception for documents prepared in the course of preparing for litigation. In the absence of a rule on point, courts
answers on the party submitting the interrogatories within 15 days after the delivery of the interrogatories, unless the court, on motion and notice and for good cause shown, enlarges or shortens the time. Objections to any interrogatories may be presented to the court within 10 days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are determined, which shall be at as early a time as is practicable. No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party. Id. 95 FED. R. CIV. P. 34 (1938) (amended 1948). Rule 34 provided, Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody, or control; or (2) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. Id. 96 See FED. R. CIV. P. 26(b) (“…the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action…”) (emphasis added); FED. R. CIV. P. 34 (“the court…may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody, or control…”) (emphasis added). 26
soon began to adopt a variety of approaches on how to deal with such materials. Though the “work product” problem was not the only troublesome issue faced by the first rules, it was certainly one of the most controversial and the Advisory Committee to the Federal Rules soon began to explore language to address the issue.97 Courts dealing with objections to the production of such materials generally fell into one of two camps. Some courts held that such materials must be produced, regardless of whether they were produced by an attorney or by a third party employed by the party claiming protection.98 The Advisory Committee noted that a number of cases, however, had protected such materials from discovery, though the reasons were hardly uniform.99 As the Committee noted, Thus it has been held by some courts that statements obtained from witnesses, parties or others are not material as evidence, or are hearsay and inadmissible, and discovery has been denied. . . . Some courts have also emphasized what they thought to be the unfairness of letting the other
Marcus, supra n. 11, at 329; Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 354-55 (1946). 98 Bowles v. Ackerman, 4 F.R.D. 260 (S.D.N.Y. 1945); Blank v. Great Northern Ry. Co., 4 F.R.D. 213 (D.Minn. 1943); In re Matter of The Examination of Citizens Casualty Co. of New York, 3 F.R.D. 171 (S.D.N.Y. 1942); Revheim v. Merritt-Chapman & Scott Corp., 2 F.R.D. 361 (S.D.N.Y. 1942); Seligson v. Camp Westover, Inc., 1 F.R.D. 733 (S.D.N.Y. 1941); Matthies v. Peter F. Connolly Co., 2 F.R.D. 277 (E.D.N.Y .1941); Colpak v. Hetterick, 40 F.Supp. 350 (E.D.N.Y. 1941); Kane v. News Syndicate Co., Inc., 1 F.R.D. 738 (S.D.N.Y. 1941); Price v. Levitt, 29 F.Supp. 164 (E.D.N.Y. 1939); Bough v. Lee, 29 F.Supp. 498 (S.D.N.Y. 1939); Kulich v. Murray, 28 F.Supp. 675 (S.D.N.Y. 1939); Bough v. Lee, 28 F.Supp. 673 (S.D.N.Y. 1939). See also Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 457 (1946) (listing above cases as supporting discovery of work product materials); Hickman v. Taylor, 153 F.2d 212, n.8 (3d Cir. 1946) (summarizing cases where discovery was permitted). 99 Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 457-59 (1946). 27
party, through discovery, obtain free of charge the material gathered or prepared by his adversary; that to permit such a course would penalize diligence and put a premium on laziness; and that discovery should not constitute a “fishing expedition.”. . . Some courts have held that it is improper to seek any evidentiary matter gathered by or for the adversary party after commencement of the action. . . . And a number of cases, as to particular matters to be discovered, have either denied the discovery because no reason or cause therefor was shown regarding the data sought, or denied discovery on the general principle that no inquiry should be made into the adversary's preparation of his case for trial.100 Thus courts were split as to what to do with material generated when litigation was pending. It was within this context that the Hickman case was decided. B. Hickman v. Taylor at the trial and appellate level On February 6, 1943 a tug boat named the J.M. Taylor, owned by the partnership of Taylor & Anderson, capsized killing five of the seamen on board including Norman Hickman.101 Soon after the accident, Taylor & Anderson hired an attorney, Mr. Fortenbaugh, to defend the partnership in any subsequent suit that might arise in connection with the sinking of the J.M.Taylor.102 On March 4, 1943, a steamboat inspector’s hearing was held where the four surviving members of the crew testified and immediately after the hearing, Fortenbaugh interviewed these witnesses himself and obtained written statements from them.103 Fortenbaugh also interviewed other relevant witnesses “and in
Id. at 458-59 (internal citations omitted). Hickman, 4 F.R.D. at 480-81; Marcus, supra n. 11, at 332-33 102 Hickman, 4 F.R.D. at 481; Marcus, supra n. 11, at 333. 103 Id. 28
some cases made memoranda of what they told him.”104 Thereafter, settlements were reached with representatives of three of the five dead seamen.105 On November 26, 1943, Hickman’s father, as administrator of his son’s estate brought suit against Taylor & Anderson under the Jones Act, 46 U.S.C.A. § 688, alleging his son’s death resulted from Taylor & Anderson’s negligence.106 Pursuant to Rule 33, the plaintiff requested that Taylor & Anderson produce copies of any statements made by members of the crew taken after the accident.107 Taylor & Anderson refused claiming that the interrogatory called for “‘privileged matter obtained in preparation of litigation.’”108 The district court subsequently held a hearing where Fortenbaugh testified by deposition on how and why the statements were made.109 In defending its refusal to produce the statements, the defendants cited to Stark v. American Dredging Co.,110 where the district court denied production of statements of witnesses made in preparation for trial.111 Judge Kirkpatrick, sitting with an en banc panel of the entire Eastern District, refused to recognize a broad
Id. Id. 106 Id. at 480; Marcus, supra n. 11, at 334. Curiously, the district court referred to Hickman as the plaintiff’s wife, which Richard Marcus points out is incorrect. Marcus, supra n. 11, at 334, n.43. As Marcus also points out, suit was also filed against Baltimore & Ohio Railroad (“B&O”). Id. at 332. B&O were the owners of a sunken car float which the J.M. Taylor had been hired to tow across the Delaware River the night of the accident. Id. 107 Hickman, 4 F.R.D. at 480. The interrogatory read, ‘State whether any statements of the members of the crews of the Tugs ‘J. M. Taylor’ and ‘Philadelphia’ or of any other vessel were taken in connection with the towing of the car float and the sinking of the Tug ‘John M. Taylor.’ Attach hereto exact copies of all such statements if in writing, and if oral, set forth in detail the exact provisions of any such oral statements or reports.' Id. (quoting interrogatory #38). 108 Id. 109 Id. 110 3 F.R.D. 300, 302 (E.D. Pa. 1943). 111 Hickman, 4 F.R.D. at 481-82.
sweeping protection from discovery of all things produced in anticipation of litigation.112 In doing so the court first noted the liberal scope of discovery under the Rules, stating “[t]he guiding principle is the broad conception of the Rules that discovery of all matters relevant to a suit should be allowed to the fullest extent consistent with the orderly and efficient functioning of the judicial process.”113 The court then went on to distinguish the Stark decision as simply recognizing that the Rules granted the court discretion to limit production but then disapproved Stark in that it placed a burden on the party seeking production to show “good cause.”114 The court then reformulated the rule as “[u]nless, under the circumstances of any particular case, the Court is satisfied that the administration of justice will be in some way impeded, discovery will be granted when asked.”115 Turning to the statements at issue, the court first noted that any firm would conduct an investigation to determine its own ship’s seaworthiness and whether its employees were responsible.116 Though the court did not state so expressly, it appears that the court was implying that business concerns could have driven the investigation. Whether the statements were prepared in anticipation of litigation or not, the court nonetheless felt that they should be produced. Though the court noted that it could not compel production of materials within the traditional boundaries of the attorney-client privilege, it found that the statements to Fortenbaugh were not covered by this privilege.117 Without the protection of this privilege, the court found that the
Id. at 481-82 (“We do not regard that [Stark] decision as laying down a hard and fast rule that statements obtained for [preparation for trial] are privileged, or exempt from production for any other reason.”). 113 Id. at 481. 114 Id. at 482. 115 Id. (internal quotations omitted). 116 Id. 117 Id. The court gives little explanation on this point but it is worth noting that status of the attorney-client privilege as it related to businesses was very much a matter of debate until the Supreme Court case of Upjohn. Under the Upjohn formulation of the rule, it is very possible that the statements made to Fortenbaugh would be privileged. See part II.B.1., n.46, supra. 30
statements should be produced under the broad scope of discovery under the Rules.118 Interestingly, the court did place an important limit on this discovery; the court limited discovery of Fortenbaugh’s “mental impressions, opinions, legal theories and other collateral matter” and held that the court should review the produced materials and only produce those portions “containing facts obtained from witnesses which it considers to be within the proper scope of discovery.”119 The court thus ordered production of the witness statements to the court for such a determination to be made.120 Taylor & Anderson and Fortenbaugh refused to produce the statements and were found in contempt of court by the assigned judge.121 The district court’s ruling was appealed to the Third Circuit and was heard en banc.122 As an initial matter, the appellate court noted that the promulgation of the Federal Rules of Civil Procedure had indeed introduced a sea change in the way discovery was to be conducted.123 The court summarized, We must discard, for instance, the concept that there is something close to a property right in the information which the lawyer digs up about the client's case and has in his possession. We must also discard the notion that questions from the other side can be fended off on the ground that the opponent's lawyer is simply engaged in a fishing expedition. These notions are hard to get rid of, but we take it that they are contrary to the idea of this discovery portion of the Federal Rules.124
Hickman, 4 F.R.D. at 482. Id. at 483. 120 Id. 121 Marcus, supra n. 11, at 336; Hickman, 153 F.2d at 214. This actually created a desirable result for the defendants as the order to produce the statements, which normally would not be eligible for interlocutory appeal, was now immediately reviewable. Marcus, supra n. 11, at 336; Hickman, 153 F.2d at 214. 122 Hickman, 153 F.2d at 214. 123 Id. at 216-17. 124 Id. (internal footnotes omitted). 31
But despite the broad purpose of the Rules in facilitating the discovery process, the appellate court expressed concern over the unfettered production of materials which might impinge upon the attorney-client relationship.125 Of particular concern was the possibility that an attorney could be called as a witness in the same case in which he was acting as an advocate to verify the content of a witness statement.126 Though such a situation was frowned upon by the Canons of Ethics, the appellate court noted that the Rules’ “privilege” exceptions (which prevented the discovery of privileged material) did not cover the statements at hand as the statements were made by third parties and not by clients.127 District courts addressing the issue had split as to how to handle the production of such materials, leaving the Third Circuit with no clear direction.128 Nonetheless, the court held that “intangible things, the results of the lawyer’s use of his tongue, his pen, and his head, for his client,” material which the court termed “work product of the lawyer,” were covered by the exception to privileged material under the Rules.129 The Third Circuit justified this extension of the term “privileged” on public policy grounds, stating, Those members of the public who have matters to be settled through lawyers and through litigation should be free to make full disclosure to their advisers and to have those advisers and other persons concerned in the litigation free to put their whole-souled efforts into the business while it is carried on.130
Id. at 219-220. Id. 127 Id. at 220 and 222. As noted above, the statements from Taylor & Anderson’s employees could arguably be privileged under a modern construction of the attorney-client privilege. See supra n. 117. 128 Id. at 220. The appellate court, in a lengthy footnote, summarized the varying decisions and their reasoning. Id. at n.13. 129 Id. at 223. 130 Id. (internal footnotes omitted) (citing Wigmore (3d ed.) § 2291 (advocating that the policy of the attorney client privilege necessarily involves full disclosure; “[i]n order to promote freedom of consultation of legal advisors by
C. Development of The “Work Product” Doctrine by the Advisory Committee and under Hickman v. Taylor While Hickman was working its way through the court system, the Advisory Committee to the Federal Rules was busy attempting to reach a resolution via rule-making to the “work product” problem.131 At first, the Committee adopted an approach that seemed much more in line with those cases holding that broad discovery should be allowed into trial preparation materials.132 In its first preliminary draft of amendments to the Rules, proposed in 1944, the Committee’s solution was to amend Rule 30(b) to provide for protective orders against discovery “into papers and documents prepared or obtained by the adverse party in the preparation of the case for trial.”133 The burden, however, of seeking the protective order was on the adverse party that was resisting the discovery request.134 One year later, the Advisory Committee proposed a second draft keeping the protective order approach to “work product” materials but with a more expansive explanatory note.135 The note explained that the purpose of the rule was to make clear that discovery of materials prepared in anticipation of litigation was permitted and that such materials were not privileged, but that the district courts would retain
clients, the apprehension of compelled disclosure by the legal advisors must be removed; and hence the law must prohibit such disclosure except on the client’s consent.”)). 131 Anderson et al., supra n. 7, at 771-72. 132 Marcus, supra n. 11, at 330. 133 Advisory Committee on Rules For Civil Procedure, Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States 43 (1944); Marcus, supra n.11, at 330; Anderson, supra n.6, at 772. 134 Advisory Committee on Rules For Civil Procedure, Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States 43 (1944); Marcus, supra n.11, at 330. 135 Advisory Committee on Rules For Civil Procedure, Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States 38-40 (1945); Marcus, supra n.11, at 331; Anderson, supra n.7, at 772. 33
discretion to deny discovery into such materials via the protective order.136 However, as district courts were already divergent in their approaches on how to handle such materials, the lack of direction on how to exercise discretion as to whether to issue a protective order would lead to confusion; a fact recognized by the Committee without resolution at that time.137 In 1946, the Committee, possibly in response to the vigorous debate that centered around the treatment of trial preparation material, changed its proposed amendment on how to treat such material.138 The new proposal amending Rule 30, which was very similar to the language contained in today’s Rule 26(b)(3), read, The court shall not order the production or inspection of any writing obtained or prepared by the adverse party, his attorney, surety, indemnitor, or agent in anticipation of litigation or in preparation for trial unless satisfied that denial of production or inspection will unfairly prejudice the party seeking the production or inspection in preparing his claim or defense or will cause him undue hardship or injustice. The court shall not order the production or inspection of any part of the writing that reflects an attorney's mental impressions, conclusions, opinions, or legal
Advisory Committee on Rules For Civil Procedure, Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States 38-40 (1945); Marcus, supra n.11, at 331; Anderson, supra n.7, at 772. 137 Advisory Committee on Rules For Civil Procedure, Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States 39-40 (1945); Anderson, supra n.7, at 772. 138 Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 356 (1946) (“There is no Amendment about which there is a greater or stronger division of opinion among members of the Bar.”). 34
theories, or, except as provided in Rule 35, the conclusions of an expert.139 This amendment was put forth without the opportunity for comment from the bar,140 but that is not to say that the Committee was without a clear understanding of the conflicting views on how trial preparation materials should be treated.141 Indeed, at a 1946 symposium on discovery procedures held before the Third Circuit Court of Appeals (the same circuit from which Hickman came), George Wharton Pepper, the vice-chairman of the Advisory Committee, noted that the amendment the Committee arrived upon was the result of debate between those who favored complete discovery and those who favored complete exclusion of trial preparation materials.142 As Mr. Pepper stated, “It seems to me, looking at the things as clearly as I can, that what the Committee has attempted comes about as near as possible to steering a middle course between two extreme views neither of which would give anything like general satisfaction to the bar.”143 How the Committee came upon the exact language used is also not entirely clear, though it was surely influenced by the district court decisions denying discovery based on good cause,144 as well as the
Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 456-57 (1946); Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 356 (1946). 140 Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 340 and 356 (1946). 141 See, e.g., Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 356 (1946) (“[The Amendment] may be that this is the best that can be done if a position is to be taken between complete exclusion and complete discovery.”). 142 Symposium, Discovery Procedure, 5 F.R.D. at 406-07. This symposium demonstrates the heated debate between the opposing views amongst the Bar. Among the speakers were Samuel Fortenbaugh, the attorney from Hickman (which at the time of the symposium was on appeal to the United States Supreme Court), advocating in favor of exclusion, id. at 408, and Mr. Abraham Freedman, who advocated in favor of discovery. Id. at 418-26. 143 Id. at 407. 144 See Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 458-59 (1946) (noting that a number of cases had denied discovery “because no reason or cause therefor was 35
Hickman decisions themselves. The language in the amendment may also have been influenced by English law which did not permit the discovery of trial preparation materials.146 Regardless of how it struck the balance in its proposal, the Committee had come to what it felt was a fair compromise and the decision was now left to the Supreme Court whether to either adopt the rule or deal with the problem through judicial decisionmaking via the Hickman case, which was on appeal before the Supreme Court.147 The Court apparently chose the latter.148 The Supreme Court granted certiorari based upon the divergence of views in the district courts on how to deal with trial preparation
shown regarding the data sought, or denied discovery on the general principle that no inquiry should be made into the adversary's preparation of his case for trial” and listing the cases). 145 Id. at 459-60 (discussing Hickman). In fact, the Committee expressed its doubts as to the result in the Third Circuit’s decision in Hickman, as the Committee believed that the term “privileged,” which the Circuit Court found to encompass trial preparation materials, was not intended to be used so broadly. Id. at 460 (“The Committee believes that the term ‘privileged’ as used in that rule was not designed to include anything more than that embraced within the rule of testimonial exclusion regarding privileged communications as developed under the applicable laws of evidence, both common-law and statutory.”); Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 356 (1946). 146 Symposium, Discovery Procedure, 5 F.R.D. at 414-418 (1946) (statements of Mr. Thomas E. Byrne and Mr. Harrison G. Kildare, both of the Philadelphia Bar, reciting English law excluding trial preparation documents). Mr. Kildare noted that the “The time-tested English rule is embodied in effect in the first part of the proposed Addition to Rule 30(b), as follows: ‘The court shall not order the production or inspection of any writing obtained or prepared by the adverse party, his attorney, surety, indemnitor, or agent in anticipation of litigation or in preparation for trial ***’” but criticized the qualification permitting the judge the discretion to allow discovery. Id. at 418. 147 Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 459-60 (1946); Marcus, supra n.11, at 331. 148 Marcus, supra n. 11, at 338; Advisory Committee’s Explanatory Statement Concerning Amendments of the Discovery Rules, 48 F.R.D. 487, 499 (1969) (“In deciding the Hickman case, the Supreme Court appears to have expressed a preference in 1947 for an approach to the problem of trial preparation materials by judicial decision rather than by rule.”). 36
materials and noted the Advisory Committee’s Report on the problem.149 After initially dealing with the procedural irregularity of how the case came before it,150 the court turned to the merits by first noting, as had the district and appellate courts, that in keeping with the purpose of their promulgation, the discovery rules were to be read liberally.151 The Court noted, however, that discovery was not without limits, and that privileged materials would not be subject to discovery.152 But, the Court found that the materials at issue before them, the witness statements and Fortenbaugh’s recollections of those interviews, were not protected by the attorney-client privilege and that the word “privilege,” as used in the Rules, did not extend to material produced in anticipation of litigation.153 The court held, We also agree that the memoranda, statements and mental impressions in issue in this case fall outside the scope of the attorney-client privilege and hence are not protected from discovery on that basis. It is unnecessary here to delineate the content and scope of that privilege as recognized in the federal courts. For present purposes, it suffices to note that the protective cloak of this privilege does not extend to information which an attorney secures from a witness while acting for his client in anticipation of litigation. Nor does this privilege concern the memoranda, briefs, communications and other writings prepared by counsel for his own use in prosecuting his client's case; and it is equally unrelated to writings which reflect an attorney's
Hickman, 329 U.S. at 500 and n.1. There was some question as to whether the case was even properly before the Court as the plaintiff had not properly attempted to depose Fortenbough under Rule 26, but the Court chose to move forward with the case rather than force the plaintiff to go through the empty formality of pursuing the correct procedural device. Id. at 504-05. 151 Id. at 507 (“Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation.”). 152 Id. at 508. 153 Id.
mental impressions, conclusions, opinions or legal theories.154 Thus, as the Third Circuit had found the materials to be “privileged,” the Supreme Court had overruled the Third Circuit on this point. Though the materials were not privileged, the Supreme Court still found in favor of Taylor (and Fortenbaugh)155 based on its concern over the plaintiff’s attempts to delve into the files of the opposing attorney without any showing of necessity.156 The Court noted that the plaintiff was able to obtain information from the interrogatories and that nothing prevented the plaintiff from interviewing the same witnesses Fortenbaugh had interviewed.157 The Court found this particularly disturbing because the plaintiff’s justification for requesting the material was to “help prepare himself to examine witnesses and to make sure that he has overlooked nothing.”158 The Supreme Court thus created a new rule that protected the “work product” of an attorney from discovery unless the party seeking disclosure could prove necessity and prejudice.159 The Court did not stop there, however, and went on to make a distinction between what it termed “non-
Id. Id. at 514. 156 Id. at 508-09. 157 Id. 158 Id. at 513. 159 Id. at 509, 511-512; We are thus dealing with an attempt to secure the production of written statements and mental impressions contained in the files and the mind of the attorney Fortenbaugh without any showing of necessity or any indication or claim that denial of such production would unduly prejudice the preparation of petitioner's case or cause him any hardship or injustice. Id. at 509. See also In re San Juan DuPont Plaza Hotel Fire Litig., 859 F.2d 1007, 1014 (1st Cir. 1988) (citing Hickman as the genesis of the “substantial need/undue hardship standard”); Sporck v. Peil, 759 F.2d 312, 316 (3d Cir. 1985) (same). The Court defined work product as including that which was reflected in “interviews, statements, memoranda, correspondence, briefs, mental impressions, personal beliefs, and countless other tangible and intangible ways.” Hickman, 329 U.S. at 511.
privileged facts” and production of “oral statements made by witnesses to Fortenbaugh, whether presently in the form of his mental impressions or memoranda,” which would, in today’s parlance, most likely be deemed “core” work product.160 As to the latter materials, the Court expressed its doubt as to whether any showing of necessity could be made to justify production but stopped short of giving such materials an unqualified immunity.161 Reflecting upon the Supreme Court’s decision in Hickman, a few points are worth highlighting with regard to the scope and policy behind the protection the court afforded an attorney’s “work product.” First, much of the materials that were being sought, and with which the Court was expressing concern over, would be termed “core” work product in modern parlance. It also bears pointing out that though the materials at issue in Hickman were prepared in anticipation of litigation, the Court no where made this a set requirement for the protection afforded. Indeed, the Court, if it so chose, could have easily recognized this requirement as it was before the Court as a proposed amendment to the Rules, and yet chose instead to address the issue through the Hickman decision which made no such qualification.162 In this vein, the Court did not confine its reasoning to the litigation context, but instead, in justifying the protection, described a lawyer’s role in terms of “performing his various duties,” protecting his “client’s interests” and “the giving of legal advice” as well as speaking in terms of preparing the client’s case.163 Also, with regard to why the protection was necessary, the Court appeared to offer multiple justifications. One was the most commonly cited “zone of privacy” justification, where the Court stated,
Id. at 511-12. Id. at 512. 162 The Court did note that the English courts had developed a privilege covering “documents prepared by or for counsel with a view to litigation.” Id. at 510, n.9. However, though the Court noted this qualification in the English courts, the Supreme Court did not make such a qualification in its own opinion. 163 Id. at 510-11.
In performing his various duties, however, it is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation of a client's case demands that he assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference. That is the historical and the necessary way in which lawyers act within the framework of our system of jurisprudence to promote justice and to protect their clients' interests.164 This justification is based on a balancing of the merits of having a well-functioning adversarial system with open discovery. This “adversarial” justification is apparent also in the Court’s concern over plaintiff’s counsel’s admission that he only wanted to obtain the materials in question to make sure he hadn’t missed something; in other words, so he could reap the benefits of Fortenbaugh’s insight and ability as a lawyer.165 This aligns with the concerns articulated by the Advisory Committee about achieving a proper balance between the two opposing views (complete exclusion versus complete discovery) of how such materials should be treated,166 but also seems to be a nod that to allow the production of such materials “penalizes the diligent,” and puts a “premium on laziness;” justifications that were sometimes used by district courts to support denying production of “work product” materials.167 A second justification, that is often overlooked, however, is a concern over the effect on the legal profession itself and upon
Id. Id. at 513. 166 Report of the Advisory Committee on Federal Rules of Civil Procedure Recommending Amendments, 5 F.R.D. 339, 356 (1946). 167 Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States, 5 F.R.D. 433, 458, 460 (1946). The Advisory Committee, in formulating its proposed amendment, rejected these as tests for whether production should be denied. Id. at 460.
the attorney-client relationship. After articulating the adversarial justification for the protection, the Court went on to state, Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served.168 These considerations, which again seem to speak particularly to “core” work product, bear much in common with the instrumental policy justifications for having the attorney-client privilege.169 The reference to not writing down a thought or fact for fear of discovery reflects a concern that the interests of a client would be negatively affected. In his concurrence, Justice Jackson points out a further instrumental concern that production of such material could have the undesirable effect of forcing attorneys to take the witness stand in the case in which they are an advocate;170 a concern that also is mirrored in the policies underlying the attorney-client privilege. IV.Post Hickman Development of the Work Product Doctrine A.The road to rule 26(b)(3) and the anticipation misconception
Hickman, 329 U.S. at 511. See Upjohn, 449 U.S. at 389; Commodity Futures Trading Commission v. Weintraub, 471 U.S. 343, 348 (1985) (“[T]he attorney-client privilege serves the function of promoting full and frank communications between attorneys and their clients. It thereby encourages observance of the law and aids in the administration of justice.”); Guy v. United HealthCare Corp., 154 F.R.D. 172, 177 (S.D. Ohio 1993) (quoting Weintraub); Marks, supra n. 47, at 157. 170 Hickman v. Taylor, 329 U.S. 495, 517 (1947) (Jackson, J., concurring).
Though the “anticipation of litigation” requirement was not articulated in the Hickman decision itself, the requirement soon found its way into district court opinions. The case of Rediker v. Warfield,171 a 1951 District of New York opinion appears to be one of the earliest articulations of this requirement. In Rediker, the plaintiff, an attorney, brought suit against Warfield and Scott, who were also attorneys, and also against the International Bank for Reconstruction and Development for allegedly interfering with a contract the plaintiff had with Ulen Realization Corporation to collect a claim from the Government of Iran.172 The plaintiff issued interrogatories regarding communications Warfield and Scott, as legal counsel for Ulen, had with International Bank.173 Warfield and Scott resisted, in part, on the basis that the interrogatories would delve into material protected under the work-product doctrine.174 The court, citing to little more than the Hickman decision, denied affording work product protection, noting that the communications at issue “were not in the course of preparation for trial [nor] does it appear that they were in anticipation of prospective litigation.”175 The court went on to distinguish the case before it from Hickman on the basis that in Rediker, the attorneys were also the defendants.176 The court, however, gave little explanation as to why it was asserting an anticipation of litigation requirement other than its broad citation to Hickman. Despite its lack of explanation, the Harvard Law Review, in a 1961 student written survey of developments in discovery law, cited to the Rediker case (and only the Rediker case) to support the assertion that “[a]lthough work-product protection is not limited to material gathered after commencement of an action, it has been held to apply only when material is obtained in
11 F.R.D. 125 (S.D.N.Y. 1951). Id. at 126-27. 173 Id. at 127-28. 174 Id. 175 Id. at 128. 176 Id. 42
anticipation of litigation.” The Developments Note went on to justify the requirement, claiming, Since a lawyer who does not envision litigation will not anticipate discovery requests, the fear of disclosure should not affect the way in which the material is prepared. For example, if the owner of real property employs an attorney to investigate the marketability of his title preparatory to offering it for sale, it seems that the fruits of the lawyer’s search should be fully discoverable if litigation relating to a subsequent sale contract should eventuate. In such circumstances, as in all those in which a lawyer is asked to assist in planning future conduct, even though he might recognize the ever present possibility of litigation, he is prompted chiefly by his responsibility to avoid embroiling his client in controversy.178 This reasoning, however, is flawed. At best the justification is naïve as to the nature of the work of an attorney and at worst it is circular. The reasoning is naïve in that it assumes that an attorney who is doing his or her job will not fear discovery of work product because the work product was produced to avoid litigation rather than to engage in litigation. Yet, the very same material that was used to avoid litigation could just as easily assist an opponent in litigation as notes made in preparation for litigation.179 Indeed, the reasoning seems to ignore the Supreme Courts admonition that “[w]ere such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. . . .The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served.”180
Developments in the Law – Discovery, 74 Harv. L. Rev. 940, 1030 (1960-61) [hereinafter “Developments Note”] (emphasis added) (citing to the Rediker opinion as its only support for the statement). 178 Id. 179 Anderson, supra n. 7, at 788, n.175. 180 Hickman v. Taylor, 329 U.S. 495, 511 (1947). 43
The reasoning could also be viewed as circular in that it seems to assume that an attorney who does his or her job will not end up in litigation and so there should be no fear of discovery. But for an attorney to best complete the tasks assigned by the client, the attorney must feel free to make notes and create work product without fear of discovery. Thus, for attorneys to do their job, they must work without fear of discovery, which can only be done if they are doing their job. The break-down of this reasoning may stem from what Professor Kirst identifies as a fundamental misreading of Hickman. The logic of the Developments Note is flawed at a fundamental level, because it depends on combining two ideas the Supreme Court had carefully separated in Hickman – whether the information is discoverable and whether the information can be discovered from the lawyer’s materials. In Hickman the Court stressed that the information was routinely discoverable as a matter of course from the client. The work product doctrine of Hickman was a limitation on routinely discovering the information from the lawyer’s materials.181 Despite the fact that the Developments Note cites to no case to support its reasoning, it was cited the very next year in Colton v. United States182 by the Second Circuit which, based on the note and the Rediker opinion, held that for work product protection to apply, the materials must be produced in anticipation of litigation.183 In Colton, Edward Colton was an attorney engaged by Herbert and Mercedes Matters to assist them with their taxes. The Matters were subsequently investigated by the Internal Revenue Service (“IRS”) and Colton was issued a summons by the IRS to testify and to produce “copies of income tax returns, workpapers, correspondence files, memoranda and all other data relating to the preparation and the filing of Federal Income Tax
Kirst, supra n.66, at 274. 306 F.2d 633 (2d Cir. 1962). 183 Id. at 640.
Returns for or on the behalf of [the Matters].” At an initial interview in response to the summons, Colton gave little information and refused to hand over documents claiming protection under the attorney-client privilege.185 Eventually, Colton agreed to answer some questions but still refused to answer others or hand over materials based upon the privilege.186 The court considered first the claim of attorney-client privilege and held that it did not protect many of the communications that pertained merely to the time period of representation and other matters that did not reflect legal advice.187 The court then turned to the documents which Colton claimed were protected as work product under Hickman. Citing simply to Rediker and the Developments Note, the court held that such materials must be shown to be “collected or prepared in anticipation of litigation, . . . to justify invocation of this rule.”188 Though the Second Circuit adopted “anticipation of litigation” as a threshold requirement, no other circuit courts appear to have adopted this standard prior to 1970, when the Federal Rules of Civil Procedure were amended to explicitly incorporate the work product doctrine, and the “anticipation of litigation” requirement into Rule 26(b)(3). However, at least one circuit did recognize that “anticipation of litigation” was not a formal requirement under Hickman. In Natta v. Hogan,189 a number of parties, including Phillips Petroleum Company, challenged the priority date of a patent held by Montecatini.190 Montecatini sought to discover documents which Phillips claimed were protected under the attorney-client privilege and work product doctrine.191 The trial court denied protection under the work product doctrine as the documents were not prepared for
Id. at 634. Id. at 635. 186 Id, at 636. 187 Id. at 637-38. 188 Id. at 640. 189 392 F.2d 686 (10th Cir. 1968). 190 Id. at 688. 191 Id. at 691, 693. 45
possible litigation. The Tenth Circuit rejected the trial court’s premise that litigation was an essential element of work product protection stating, Nothing in Hickman v. Taylor suggests that the work product rule is limited to preparation for proceedings in a court of record. The rationale for the work product doctrine is the prevention of unnecessary interference with the work of an attorney. An attorney's work in the patent law field should be as much his own as it is in other areas of the law. The work product claim cannot be brushed aside on the theory that the documents were not prepared for use in litigation.193 The court went on to hold that though many of the tests and experiments that were conducted in connection with the patent application would be discoverable, the hand-written notes of attorneys were not, finding that “such materials prepared by an attorney during his consideration of a legal problem are within the work product doctrine.”194 Though the Tenth Circuit appeared to approve of a standard for work product that took into account whether the material reflected an attorney’s consideration of a legal problem regardless of whether it was in “anticipation of litigation,” it could also be read to have simply not constrained work product to “proceedings in a court of record.”195 In other words, Natta may have done nothing more but expand work product to other adversarial proceedings. The tone and wording of its interpretation seem to suggest otherwise, but in subsequent cases, such as the previously discussed Hercules opinion, courts distinguished Natta on the basis that it involved an interference proceeding, which was adversarial, and not simply the prosecution
Id. at 693. Id. 194 Id. at 693-94 (citing Hickman). Of the four hand written documents the court considered, it only extended protection to one as the others were not identified as being written by any particular attorney. Id. at 694. 195 Id. at 693. 46
of a patent. If the Natta decision did create a circuit split, it seems to have gone unnoticed and the origin of the “anticipation of litigation” standard has not been questioned by the courts. Indeed, by the time the Advisory Committee on the amendments to the Federal Rules of Civil Procedure was ready to re-examine the work product doctrine, it was not due to disagreement over the “anticipation of litigation” requirement but rather over whose work product was protected and the scope of Rule 34, which subjected discovery to a “good cause” requirement197 and how this applied, if at all, to the work product doctrine.198 Though the Advisory Committee had made some
Hercules, Inc. v. Exxon Corp., 434 F. Supp. 136, 151-52 (D.C. Del. 1977 (citing In re Natta, 48 F.R.D. 319, 321 (D. Del. 1969)). 197 Rule 34 read, in relevant part: Upon motion of any party showing good cause therefor and upon notice to all other parties, . . . the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26(b) and which are in his possession, custody, or control . . .. FED. R. CIV. P. 34 (1968) (amended 1970). 198 In developing a new rule to clarify the work product doctrine, the Advisory Committee recognized the problems that had arisen regarding the coverage of the work product doctrine stating, The major difficulties visible in the existing case law are (1) confusion and disagreement as to whether “good cause” is made out by a showing of relevance and lack of privilege, or requires an additional showing of necessity, (2) confusion and disagreement as to the scope of the Hickman work-product doctrine, particularly whether it extends beyond work actually performed by lawyers, and (3) the resulting difficulty of relating the “good cause” required by Rule 34 and the “necessity or justification” of the work-product doctrine, so that their respective roles and the distinctions between them are understood. Advisory Committee’s Explanatory Statement Concerning Amendments of the Discovery Rules, 48 F.R.D. 487, 499-500 (1969). 47
failed efforts in the 1950s to address the issues raised by Hickman,199 it was not until 1967 that the amendments that led to the current rule began to develop. An initial draft of the Committee’s amendment attempted to solve the recognized problems, in part, by making clear that work product protection extended beyond simply the work of the attorney.200 But curiously, the Committee’s solution to the “good cause” problem was to simply lump all work product together and subject it to the same standard – a “good cause” standard.201 The amendment read, (3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing of good cause therefor, except that a statement concerning the action or its subject matter previously given by the party seeking the statement may be obtained without such a showing.202 This solution was odd in that it seemingly ignored the Supreme Court’s statement in Hickman that such materials could only be discovered upon a showing of necessity and prejudice.203 Furthermore, the one-size-fits-all approach to work product materials failed to recognize the special protection that the Hickman Court recognized should be afforded to an attorney’s “core” work product.204 As one critic of the rule recognized,
Anderson, supra n. 7, at 782-83 (noting that the amendments were rejected). Preliminary Draft of Proposed Amendments to Rules of Civil Procedure Relating to Deposition and Discovery (Nov. 1967), 43 F.R.D. 211, 225 (1968). 201 Id. 202 Id. It is perhaps worth noting that the 1946 Amendment also contained an “anticipation of litigation” requirement, which may have simply been carried forward when it became time to amend the Rules. See part III.C., supra. 203 Hickman, 329 U.S. at 509, 511-12; Address by Fred A. Freund, Changes Ahead in Federal Pretrial Discovery, 45 F.R.D. 479, 494 (1968). 204 Hickman, 329 U.S. at 511-12.
“[t]he source of error . . . is in formulating flexible language to cover all such materials, rather than dealing directly and specifically with what experience has taught – that certain materials deserve more protection than others.”205 In response to criticisms that the “good cause” standard would create confusion based on the various meanings the term had been given by courts, the Advisory Committee altered the standard in Rule 26(b) to reflect the trend in case law to require “more than mere relevance.”206 Thus, in keeping with the factors stated in Hickman as to when trial preparation material could be discovered, the Committee added that such material could only be discovered “upon a showing of substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.”207 The Committee also added language to protect the “mental impressions, conclusions, opinions, or legal theories concerning the litigation of an attorney or other representative of a party.” In doing so, the Committee cited again to Hickman, however, the Committee failed to clarify the extent of such protection.208 The final language also failed to provide guidance as to the meaning of the term “anticipation of litigation.”209 This
Address by Fred A. Freund, Changes Ahead in Federal Pretrial Discovery, 45 F.R.D. 479, 494 (1968) (emphasis in original). 206 Advisory Committee’s Explanatory Statement Concerning Amendments of the Discovery Rules, 48 F.R.D. 487, 500; Minutes of the July 17-19, 1969 Meeting of the Standing Committee on Rules of Practice and Procedure p. 3, available at http://www.uscourts.gov/rules/minutes.htm . 207 Advisory Committee’s Explanatory Statement Concerning Amendments of the Discovery Rules, 48 F.R.D. 487, 494, 501 (1969). 208 It was noted in the meeting minutes of the Standing Committee that a question regarding this provision was raised, though it is unclear whether the question was with regard to the scope of the protection or some other matter. Minutes of the July 17-19, 1969 Meeting of the Standing Committee on Rules of Practice and Procedure p. 3, available at http://www.uscourts.gov/rules/minutes.htm . 209 See FTC v. Grolier, Inc., 462 U.S. 19, 25 (1983) (noting that “Rule 26(b)(3) does not address in so many words the temporal scope of the work product immunity and a review of the Advisory Committee’s comments reveals no express concern for that issue.”). 49
term, as previously discussed, has led to splits among district and appellate courts as to its meaning.210 Furthermore, a review of the documents explaining the Committee’s reasoning regarding the amendments reveals that the work product doctrine was often simply assumed to be relevant only when in “anticipation of litigation,” but no discussion of the standard or why such a limitation should apply also to “core” work product appears.211 B. The Supreme Court’s interpretations of the work product doctrine The Supreme Court has seldom discussed the scope or limits of the work product doctrine since passage of amended Rule 26 other than fleeting mentions of the Rule. There are, however, at least three post-amendment opinions that merit discussion: United States v. Nobles,212 FTC v. Grolier, Inc.,213 and Upjohn Co. v. United States.214 The first two add some insight into the Court’s
See part II.A.1., supra. See, e.g., Advisory Committee’s Explanatory Statement Concerning Amendments of the Discovery Rules, 48 F.R.D. 487, 499-500 (noting the major difficulties with existing law but omitting any mention of “core” work product); Minutes of the May 20-21, 1966 Meeting of the Advisory Committee on Civil pp. 30-31, available at http://www.uscourts.gov/rules/minutes.htm. The following excerpt is an example of the assumption that “core” work product is only an issue when litigation is pending: Mr. Acheson: I thought Mr. Jenner was merely talking about preparation in anticipation of trial and he said a lot of this is done before there is any trial at all. Mr. Jenner: Yes, there would be no counsel at that particular point. Id. (emphasis added). See also Minutes of the July 17-19, 1969 Meeting of the Standing Committee on Rules of Practice and Procedure p. 3, available at http://www.uscourts.gov/rules/minutes.htm; Minutes of the March 9-10, 1967 Meeting of the Advisory Committee on Civil pp. 6-7, 11-12, available at http://www.uscourts.gov/rules/minutes.htm. 212 422 U.S. 225 (1975). 213 462 U.S. 19 (1983). 214 449 U.S. 383 (1981). Professor Roger Kirst also discusses these three cases in his article which advocates for expanded protection for the work of the transactional attorney. See Kirst, supra n.66, at 268-73.
view of the doctrine, however it is the Upjohn decision that is the most instructive, both in the language used by the Court and also by the way in which it deals with “core” work product. In Nobles, a defendant accused of armed robbery sought to impeach the prosecution’s two key eye-witnesses through statements they had previously made to a defense investigator.215 The statements were written down by the investigator and made part of a written report.216 The prosecution sought to inspect the report and the court denied the request.217 However, the court told defense counsel that if the investigator were called to the stand to testify by the defense, the court would order production of those portions of the report relevant to the impeachment.218 Defense counsel later did seek to call the investigator for purposes of impeachment but refused to share the report and so the court ruled that the investigator could not testify.219 The Ninth Circuit reversed finding that compelling discovery of the report violated both the Fifth Amendment as well as Federal Rule of Criminal Procedure 16 (the criminal analog to the Federal Rule 26(b)).220 The Supreme Court reversed finding that neither the Fifth Amendment nor Rule 16 were implicated.221 The Court considered implication of the work product doctrine under Hickman separately from Rule 16 and held that the defendant had waived its protection when he sought to introduce the testimony of the investigator.222 The Court’s discussion of the work product doctrine, at first glance, appears rather unremarkable as far as its impact on civil litigation. However, there are at least two interesting aspects of the opinion that are worth discussing. First, the Court felt compelled to discuss the work product doctrine under Hickman separate from application of Rule 16, thus recognizing that
United States v. Nobles, 422 U.S. 222, 227 (1975). Id. at 227-28. 217 Id. at 228-29. 218 Id. at 229 and n.3. 219 Id. at 229. 220 Id. at 229-30. 221 Id. at 234-35. 222 Id. at 239-40. 51
Hickman has continued validity apart from the rules. Second, the Court, in its discussion of Hickman, stated, “The [Hickman] Court therefore recognized a qualified privilege for certain materials prepared by an attorney ‘acting for his client in anticipation of litigation.’”224 Some courts have taken this as an endorsement that the work product doctrine only applies to materials produced in “anticipation of litigation.”225 The Court’s statement makes no such limitation, however, and could be read as nothing more than a description of the context in which Hickman was decided.226 The Grolier case involved a request by Grolier Inc. under the Freedom of Information Act (“FOIA”) for documents generated by the Government during an investigation of a subsidiary of Grolier which was subsequently dismissed.227 The Commission for disclosure of documents denied the request claiming they were exempt under Exemption 5 of FOIA, which
The Court was compelled to do so as it found that Rule 16 only applied to pre-trial discovery but that Hickman applied to both pre-trial discovery and discovery after trial has begun. Id. at 235, 238-39. This was the subject of Justice White’s concurrence, as he took issue limiting a trial court’s discretion on evidentiary matter under Hickman. Id. at 243 (White, J., concurring). 224 Id. at 237-38 (quoting Hickman). After making this statement, the Court makes a string cite to, among other things, the Harvard student note discussed in part IV.A., supra. Id. at 238. 225 See, e.g., In re Special September 1978 Grand Jury (II), 640 F.2d 49, 61 (7th Cir. 1980) (failing to dispel the Government’s assertion that Nobles requires a document be prepared in anticipation of litigation for work product protection); Matter of Fischel, 557 F.2d 209, 212-13 (9th Cir. 1977) (holding, on the work product issue, that “[t]he limited work product immunity extends only to certain materials prepared by an attorney in anticipation of litigation” and citing generally to Nobles); In re Grand Jury Proceedings of June 16, 1981, 519 F. Supp. 791, 793 (E.D. Wis. 1981) (“[T]he work product rule only applies to documents prepared in ‘anticipation of litigation,’” citing Nobles, 422 U.S. at 238). See also Kirst, supra n. 66, at 272 and n.213. As Professor Kirst correctly notes, these cases add the word “only” which is not found in the Nobles statement. Id. at 272. 226 See Kirst, supra n. 66, at 272 (noting also that the statement was dictum in that the Court’s decision rested upon waiver and not whether the report was created in anticipation of litigation). 227 F.T.C. v. Grolier, Inc., 462 U.S. 19, 21(1983). 52
protected from disclosure “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency . . . .”228 The district court agreed that all of the documents were protected under Exemption 5, some of which due to the work product doctrine.229 The Court of Appeals for the District of Columbia reversed finding that the work product doctrine only protected documents in an existing or potentially existing related litigation.230 Thus, the issue before the Supreme Court was not one related to discussing whether “core” work product could be protected in a non-litigation context, but rather whether Hickman and Rule 26(b) allowed the work product doctrine to extend to other subsequent disputes, even if unrelated to the original litigation.231 The Court noted the lack of any clear guidance on the issue of a temporal scope for the work product rule, but did express its view that “the literal language of the Rule protects materials prepared for any litigation or trial as long as they were prepared by or for a party to the subsequent litigation.”232 Thus, the Court would seem to have expanded the protection of the Rule, but the authority of this precedent was weakened by the Court’s decision to base its ruling on an independent construction of Exemption 5 to FOIA.233 Though there is some inkling that the Court favored a broader rather than narrower view of the work product doctrine, the Grolier case does not answer the question of whether “core” work product can enjoy protection when not generated in “anticipation of litigation.” The most instructive Supreme Court opinion to be issued since the adoption of the 1970 amendment to Rule 26 is the Upjohn opinion. Though Upjohn Company v. United States234 is most often known for the Supreme Court’s interpretation of the
Id. at 22, n.3 (citing 5 U.S.C.§ 522(b)(5)). Id. 230 Id. at 23. 231 Id. at 24-25. 232 Id. at 25. 233 Id. at 26; Kirst, supra n.66, at 272-73. 234 449 U.S. 283 (1981). 53
scope of the attorney-client privilege in the corporate context,235 the decision also is relevant in interpreting the work product doctrine.236 In Upjohn, the petitioner, Upjohn Company, maintained that questionnaires sent by its attorneys to Upjohn employees were privileged.237 The questionnaires were part of an internal investigation that began in January of 1976 to discover whether subsidiaries had made payments directly to or to the benefit of foreign government officials in order to secure government business.238 Upjohn’s attorneys also interviewed the recipients of the questionnaire and 33 other Upjohn officers or employees as part of the investigation.239 The interview notes were described by Upjohn’s in-house counsel as follows: My notes would contain what I considered to be the important questions, the substance of the responses to them, my beliefs as to the importance of these, my beliefs as to how they related to the inquiry, my thoughts as to how they related to other questions. In some instances they might even suggest other questions that I would have to ask or things that I needed to find elsewhere. They were more than just a verbatim report of my conversation with the-a report of my conversation in the interviews.240 In March of 1976, after the initial investigation was made, Upjohn made a preliminary report to the Securities and Exchange
Id. at 386; Anthony B. Joyce, The Massachsetts Approach to the Intersection of Governmental Attorney-Client Privilege and Open Government Laws, 42 SUFFOLK L. REV. 957, n. 5 (2009); Marks, supra n.47, at 162; The ABA Task Force on the Attorney-Client Privilege, Report of the American Bar Association’s Task Force on the Attorney-Client Privilege, 60 BUS. LAW 1029, 1035 (2005). 236 See Kirst, supra n.66, at 268-71 (discussing the relevance of Upjohn to the work product doctrine). 237 Upjohn v. United States, 449 U.S. 383, 386-87(1981). 238 Id. at 386. 239 Id. at 387. 240 Upjohn v. United States, 1978 WL 1163, *3 (W.D. Mich. Feb. 23, 1978). It should be noted that the in-house general counsel was also the vice president and secretary of the company as well as a member of the board of directors. Id. at *2. 54
Commission (“SEC”) on its Form 8-K disclosing that Upjohn had made questionable payments.241 Subsequently, the IRS issued a summons demanding production of these materials.242 Upjohn declined to produce the documents on the grounds that they were protected from disclosure by the attorney-client privilege and also constituted the work product of an attorney prepared in “anticipation of litigation.”243 The United States filed a petition to enforce the summons in the Western District of Michigan, and upon the recommendation of the Magistrate, the court ordered the production of the disputed materials.244 With regard to the claims of work product protection, the Magistrate expressed some doubt as to whether the work product doctrine applied at all to a tax summons, but even if it did, found that the Government had met its burden of proving “substantial need” and an inability “without undue hardship” to obtain the information by other means.245 The Sixth Circuit upheld the Magistrate’s ruling with regard to the work product doctrine, stating, in a footnote, that the work product doctrine did not apply to an IRS summons and made no further analysis on the topic.246 On appeal, the Supreme Court quickly dismissed the Sixth Circuit’s notion that the work product doctrine did not apply to a tax summons.247 As the Magistrate had premised his ruling on a finding of “substantial need” and “undue hardship,” the Court continued its analysis, citing to both Rule 26 and Hickman.248 The Court began its analysis by quoting Hickman’s policy reasons for establishing the work product doctrine, citing both the “zone of privacy” language as well as the language deriding the effect disclosure would have on the profession and the relationship with
Id.; Upjohn, 449 U.S. at 386-87. Id. at 387-88. 243 Id. at 388. 244 Id. at 387. The magistrate also concluded that Upjohn had waived the attorney-client privilege, but the Sixth Circuit rejected this finding. Id. 245 Upjohn, 1978 WL 1163, at *11-13. 246 Upjohn v. United States, 600 F.2d 1223, 1227-28, n.13 (6th Cir. 1979). 247 Upjohn v. United States, 449 U.S. 383, 398 (1981). 248 Id. at 398-99.
clients. It then rejected the Government’s argument that, even under Hickman, necessity could compel disclosure of “core” work product. The Court did so by distinguishing between “ordinary” work product and “core” work product, noting that the caveat to disclosure in Hickman, “did not apply to ‘oral statements made by witnesses ... whether presently in the form of [the attorney's] mental impressions or memoranda.’”250 The Court recognized that some courts, applying Hickman and Rule 26, had afforded absolute immunity to such materials, a standard the Court was unwilling to adopt or reject because it was sufficient to merely remand on the basis that the Magistrate had applied the wrong standard in requiring “substantial need” and “undue hardship.”251 The Upjohn opinion is instructive both for its semantics and for how it treated the “core” work product at issue. Semantically, it is instructive that the Court cited to both the Hickman opinion as well as Rule 26 in explaining the work product doctrine.252 The court also noted that Hickman’s policies had been “substantially incorporated” into Rule 26; a recognition that Hickman was not fully incorporated into the Rule.253 Indeed, this is consistent with the view that Hickman does continue to have validity in covering intangible work product , while Rule 26, by its terms, only applies to tangible work product.254 It is also worth noting that, in articulating the policies supporting the work product doctrine, the court did not stop with the “zone of privacy” justification that is commonly cited, but also went on to articulate
Id. at 397-98. Id. at 399 (quoting Hickman, 329 U.S. at 512). 251 Id. at 401-02. 252 Id. at 397-399. 253 Id. at 398; Kirst, supra n. 66, at 233. 254 In re Cedant Corp. Securities Litig., 343 F.3d 658, 662 (3d Cir. 2003); Whitlow v. Martin, 2009 WL 2241152 at *3 (Fed. Cl. 2009); Abdell v. City of New York, 2006 WL 2664313 at *3 (S.D. N.Y. 2006); Am. Fed. Bank v. United States, 60 Fed.Cl. 493, 497 (Fed. Cl. 2003); Epstein, supra n.8, at 815; Marcus, supra n.11, at 349-50; WRIGHT ET AL., supra n.11, § 2024; Charles P. Cercone, The War Against Work Product Abuse: Exposing the Legal Alchemy of Document Compilations as Work Product, 64 U. PITT. L. REV. 639, 658 (2003).
the beneficial effect the doctrine would have on the legal profession and the attorney-client relationship. Finally, the Court’s distinction of how “ordinary” work product prepared “with an eye toward litigation” is to be treated differently from “core” work product emphasizes the special protection the Court felt core work product should receive.255 With regard to this last point, the Upjohn opinion is as insightful for what it does not say as for what it does; namely, the complete lack of discussion of whether the work product at issue was prepared in “anticipation of litigation.” Consider the time period during which the interview notes were created – from January 1976 to March 1976. This was prior to Upjohn reporting to the SEC or IRS and was merely part of the company’s own internal investigation.256 In other contexts, lower courts have found such material to be beyond the protection of the work product doctrine because it was not prepared “in anticipation of litigation.”257 Yet the Supreme Court did not discuss this as a requirement in its analysis but instead, moved forward on the assumption that the material in question was “work product.” It may be that this omission is simply because the issue was not raised by the parties nor addressed by the Magistrate. But given the timeline of events, it seems odd that the Court would remand when it could have just as easily upheld the Magistrate’s ruling on the ground that the “core” work product at issue was still subject to the “anticipation of litigation” requirement. Perhaps what can be taken from this is that the Supreme Court was not terribly
Upjohn v. United States, 449 U.S. 383, 399 (1981). See Leslie Wharton et al., 2 Successful Partnering Between Inside and Outside Counsel §33:32 (“The work product at issue had been created long before the contested tax summons was issued, and even before Upjohn had filed the report with the government that instigated the IRS's investigation.”). 257 See In re Grand Jury Subpoena, 220 F.R.D. at 156; Guzzino, 174 F.R.D. at 63; Epstein, supra n.8, at 831 (citing same). See also Smith, supra n.64, at 35 (“Because the work product doctrine is narrower in scope than the attorneyclient privilege in that it only applies when litigation is ongoing or pending, an entity must next determine whether the investigation is being conducted as a result of pending litigation.”); Imperato, supra n.64, at 216 (“The key to this protection is that the work must be performed in anticipation of litigation.”).
concerned with the temporal scope of the doctrine, at least where “core” work product was at issue.258 IV.The anticipation misconception After reviewing opinions subsequent to Hickman as well as the discussions regarding the formulation of Rule 26(b), it is clear that a number of courts and commentators have assumed that Hickman intended work product protection to apply only to material generated in “anticipation of litigation.” However, as has been shown, a careful review of Hickman reveals no such requirement. Indeed, quite to the contrary, the Court’s discussion of core work product as well as the policy discussion justifying the doctrine would seem to indicate that protection should be afforded to core work product, regardless of any temporal or motivational link to litigation. Indeed, much of the confusion surrounding this issue seems to stem from the Developments Note, which offered scant support for its conclusion. Thus it could be said that courts
The Supreme Court may soon have a chance to clarify this portion of its ruling. In United States v. Textron, Inc., a very recent case decided by an en banc panel of the First Circuit, the court held that “tax accrual work papers” prepared by Textron’s lawyers and others within Textron’s tax department, were not protected by the work product doctrine. United States v. Textron, Inc., 577 F.3d 21, 31-32 (1st Cir. 2009)(en banc). The “tax accrual work papers” at issue were created to help Textron create a tax reserve from which to draw money should some of its positions on its tax liability be incorrect. Id. at 23. The court recognized that such papers could reveal the “soft spots” on Textron’s tax return should the tax return be litigated. Id. at 23 (quoting United States v. Arthur Young & Co., 465 U.S. 805, 813 (1984)). However, looking to the motivational component of the “anticipation of litigation” requirement, the court held that the creation of the work papers was motivated by financial and business concerns rather for use in future litigation. Id. at 27-28. As of this writing, Textron has filed a Motion to Stay the Mandate Pending the Filing of a Petition for a Writ of Certiorari, meaning this issue could be before the Supreme Court in the near future. See Textron, Inc.’s Motion to Stay the Mandate Pending the Filing of a Petition for a Writ of Certiorari, filed August 21, 2009 (on file with author). For an excellent review of the Textron district court opinion, see generally Claudine Pease-Wingenter, The Application of the Attorney-Client Privilege to Tax Accrual Workpapers: The Real Legacy of United States v. Textron, 8 HOUSTON BUS. & TAX L.J. 337 (2008). 58
and commentators alike have been operating under an anticipation misconception in that they have viewed the “anticipation of litigation” standard as a bar to protection of “core” work product that does not meet this requirement. This misconception may be understandable when the role of the lawyer is viewed historically. At the time of the Hickman decision, in-house counsel only made up roughly 3 percent of all attorneys and the work performed by these attorneys was rather routine.259 Litigation and trial work were more heavily associated with the work of an attorney than transactional or prophylactic legal work.260 Indeed, up until the mid-1800s the attorney-client privilege was also limited to trial work.261 Though the number of in-house counsel had grown to 10.3 percent by 1970,262 by then “anticipation of litigation” as a requirement had already taken hold. However, today the role of the attorney is understood to expand beyond just trial work into complex transactional work which may, or may not ultimately require litigation. A second, related misconception is also worth noting with regard to Hickman. It is often written that the policy justification for the work product doctrine is that the attorney requires a “zone of privacy” within which to work.263 This justification is a nod to
THE OXFORD COMPANION TO AMERICAN LAW 500, 505 (Kermit L. Hall, et al. eds., Oxford 2002) (noting that “[i]n 1948, only 3 percent of all lawyers were employed in private industry” and the role of the attorney, up until the 1960s, was traditionally to handle routine legal issues while leaving more complex legal issues for outside counsel). 260 See id. at 500 (“Corporate counsel traditionally acted as business counselors and advisors to their employers concerning routine legal issues; more complex legal issues were handled by the corporation’s outside counsel.”). 261 See note 57, supra. 262 Vern Countryman et al., THE LAWYER IN MODERN SOCIETY 4 (2d ed., Little Brown and Co. 1976). This growth appears to have been a steady incline growing from 5.5 percent in 1951 to 8.9 percent in 1960. Id. 263 See, e.g., Pacific Gas and Elec. Co. v. United States, 69 Fed.Cl. 784, 789 (Fed. Cl. 2006) (asserting that the work product doctrine is intended to preserve a zone of privacy where an attorney can prepare and develop his legal strategy); Hobley v. Burge, 433 F.3d 946, 949 (7th Cir. 2006) (identifying the purpose of the work product doctrine as establishing a zone of privacy in which lawyers can analyze their case free from interference by an adversary); Hanson v. U.S. 59
the benefits that are viewed to result in a robust adversarial system. However, to cite only to this adversarial justification ignores the Hickman Court’s further statements with regards to the detrimental effect disclosure of work product materials would have on the legal profession as well as the attorney-client relationship.264 In this regard, the work product doctrine’s justification bears much in common with the instrumental justification that is the foundation of the attorney-client privilege, which is not tied to any litigation requirement.265 Indeed, even the cost-free nature of the privilege could be found to apply to the work product doctrine; instead of communications not existing absent the privilege, the cost free nature is found in the Supreme Court’s statement that “much of what is now put down in writing would remain unwritten.”266 A.Correcting the anticipation misconception In light of these misconceptions, a simple fix is possible: eliminating the “anticipation of litigation” requirement for “core” work product. This could be accomplished by simply extending Hickman, which already continues to have validity today despite Rule 26(b), and recognizing that “core” work product continues to retain a residuum of protection even outside of the litigation context.267 This would require a complete elimination of the temporal analysis and a modification of the motivational analysis. Instead of looking to whether the motivation for creating the work product is litigation, the test should be whether the work product sought was generated by the attorney to provide legal assistance.
Agency for Intern. Development, 372 F.3d 286, 292 (4th Cir. 2004) (indicating that the work product doctrine serves to provide a zone of privacy within which to plan for a case); United States v. Adlman, 134 F.3d 1194, 1196 (2d Cir. 1998) (stating the purpose of the work product doctrine is to preserve a zone of privacy in which an attorney can prepare their case). 264 Hickman, 329 U.S. at 510-13. 265 See Part II.B.2 supra. 266 Hickman, 329 U.S. at 511. 267 Epstein, supra n.8, at 815; Marcus, supra n. 11, at 349-50; Cercone, supra n.254, at 658; WRIGHT ET AL., supra n. 11, § 2024. 60
This admittedly would mimic the test for whether a communication is protected under the attorney-client privilege,268 but given the similar purposes of the doctrines, this is a logical test. Though this may seem like a rather drastic proposal, a similar expansion already exists under California state law269 and at least one commentator has advocated for recognition of such an expansion to protect the work of transactional attorneys.270 Such recognition of a residuum of protection would be in line with the policy justifications of Hickman on both instrumental and adversarial policy grounds. With regard to the instrumental justification, as to “core” or “opinion” work product, if the justifications for granting a qualified privilege within the litigation context holds true, then those justifications should apply equally to such materials outside the litigation context as well. As the Supreme Court noted in Hickman, there could be a chilling effect on the attorney-client relationship and “much of what is now put
See Kramer v. Raymond Corp., 1992 WL 122856 at * 1 (E.D. Pa. 1992); MSF Holding, Ltd. v. Fiduciary Trust Co. Int’l, 2005 WL 3338510 at *1 (S.D. N.Y. 2005); Avianca, 705 F.Supp. at 676. Epstein, supra n.8, at 815; Marcus, supra n.11, at 349-50; WRIGHT ET AL., supra n.11, § 2024; Cercone, supra n.254, at 658. 269 Calif. Code of Civil Procedure § 2018.030(a) (West 2005) (“A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.”); County of Los Angeles v. Superior Court of Los Angeles County, 98 Cal.Rptr.2d 564, 574 (Cal. Ct. App. 2000) (interpreting California’s work product rule); Wellpoint Health Networks, Inc. v. The Superior Court of Los Angeles County, 59 Cal.App.4th 110, 120 (Cal. Ct. App. 1997); Rumac, Inc. v. Bottomley, 143 Cal.App.3d 810, 815 (Cal. Ct. App. 1983) (contrasting the California rule with the Federal Rule). 270 See Kirst, supra n.66, at 230-35. Though Professor Kirst’s article is equally critical of the “anticipation of litigation” requirement, and shares a similar line of reasoning as to its analysis of Hickman and Upjohn, the Kirst article focuses much more on a recognition of a transactional privilege based on a more extensive review of the attorney-client privilege. This article does not limit the scope of protection to a transactional privilege and is based more on the historical and philosophical development of the work product doctrine. For a contrary view of the work product doctrine, see Elizabeth G. Thornburg, Rethinking Work Product, 77 VA. L. REV. 1515, 1517 (1991), in which Thornburg argues that the work product doctrine should be eliminated entirely. 61
down in writing would remain unwritten.” Yet clients come to attorneys for help both inside and outside of the litigation context and the lawyer’s role outside of the litigation context is no less important. As one California Appellate Court articulated in explaining its legislature’s own decision to expand the scope of coverage: [P]rotecting attorneys' work product when they act in a nonlitigation legal capacity furthers the important goal of reducing the likelihood of litigation. Although all litigators are attorneys, the converse is not true. Nevertheless, “[t]he lawyer, when acting as a counselor, performs a function that is extremely beneficial to society, in that effective legal counseling minimizes the likelihood of conflict between parties by stabilizing relationships and promoting understanding and cooperation. Effective legal counselors provide the 'solvents and lubricants which reduce the frictions of our complex society.' In the role of counselor, the lawyer serves as an instrument of peace.”272 To limit the protection of core work product to only the litigation context ignores this important policy justification for the rule as enunciated in Hickman. 273 The expansion is also in line with the adversarial justification given in Hickman. The “zone of privacy,” which
Hickman, 329 U.S. at 511. Rumac, Inc., 143 Cal. App.3d at 816 (quoting Edward D. Re, The Lawyer as Counselor and the Prevention of Litigation, 31 CATH. U.L.REV. 685, 690-691 (1982)). See also LAWRENCE M. FRIEDMAN AMERICAN LAW IN THE 20TH CENTURY 461 (Yale Univ. Press 2002) (“Lawyers, in the main, service business. They help form corporations, they advise on corporate affairs, they maneuver through tangles of red tape; they cope with federal, state, and local government; they help put deals together.”). 273 This instrumental justification is important as it continues to have validity, at least in the Supreme Court’s view, in modern times. United States v. Zolin, 491 U.S. 554, 562-63 (1989); Jaffee v. Redmond, 518 U.S. 1, 11-12 (1996); Swindler & Berlin v. United States, 524 U.S. 399, 408 (1998); IMWINKELRIED, supra n.55, at 258-59 (citing Zolin, Jafee, and Swindler & Berlin).
recognized that attorneys must work without fear that the opponent would gain important insight into his or her strategy decisions is applicable even at stages when litigation is only a remote possibility. Indeed, the “core” work product of an attorney who is engaged to avoid litigation, even at an early stage when no litigation is on the horizon, can still give helpful insight into how a party will prepare its case or give helpful insight into the strategy that will be used at trial. The following example is illuminating: For instance, an attorney who prepares a memorandum on the strengths and weaknesses of a contract he has drawn up for a client might modify his handling of future memoranda if he knew such documents were routinely discoverable. The memorandum, if discovered, could provide some unforeseen adversary with insights into weaknesses that he had not detected on his own.274 A recognition that a residuum of protection remains under Hickman would help alleviate this concern. B.Justifications for retaining the “anticipation” requirement Despite the strengths of the arguments in favor of recognition of expansion of the coverage of work product protection, there are a number of countervailing arguments that should be addressed. The first is the argument that an attorney working in a non-litigation context will have no fear of discovery and thus no chilling effect on his work product would occur. This was the reasoning put forth in the previously discussed Developments Note that appears to have helped establish the “anticipation of litigation” requirement. As has already been explained, the Developments Note’s reasoning seems naïve at
Anderson, supra n.7, at 788, n.175. The footnote prefaces that “[a]lthough rule 26(b)(3) focuses on litigation, there is no reason to believe that the Hickman rationale is so limited. Arguably, the courts should protect a broader range of attorney work product.” Id. The footnote concludes, however, that protection could be available through the attorney-client privilege or a protective order. Id. 63
best, particularly in light of modern legal practices. Attorneys engaged in any arena of modern day transactional work, such as negotiating and reviewing contracts, drafting wills, administering tax advice or working on patent prosecution, are aware that litigation may ensue. Indeed, given the relative permanence an attorney’s work has thanks to electronic storage, in modern times, this justification for retaining the requirement as to “core” work product has little bite. Another, more compelling argument against removing the requirement is that it cuts against the purposes of the Rules. The original Rules were enacted to open discovery up so that cases were won or lost based on justice rather than gamesmanship. To cut back on discovery in such a way could open up opportunities for abuses by parties and a return to the gamesmanship that marked the pre-Rules era. This argument would be more persuasive if what was being proposed was a complete abandonment of the “anticipation of litigation” requirement. The expansion argued for is only with regard to the “core” work product of the attorney. The “anticipation of litigation” requirement makes sense as to “ordinary” work product and is in line with the balance struck as to the adversarial nature of the work product exception. Placing a burden for discovery of such materials on a party seeking “ordinary” work product outside of the litigation context would be overly burdensome and potentially could heighten the gamesmanship that was inherent in the system prior to enactment of the Rules. However, as to “core” or “opinion” work product, if the justifications for granting a qualified privilege articulated in Hickman are to be believed, then the benefits of protection outweigh the negative effects feared.275
Hickman, 329 U.S. at 510-13. It should be noted that even under such an expansion of the work product doctrine, the exceptions of waiver and the crimefraud exception could still apply, further limiting the perceived damaging effects such protection would have on an open discovery system. Contrast Wellpoint, 59 Cal.App.4th at 120 (citing BP Alaska Exploration, Inc. v. Superior Court, 199 Cal.App.3d 1240, 1249 (Cal. App. Ct. 1988) and noting that, under California law, though waiver applied to the work product rule, the crime-fraud exception did not). 64
This leads, however, to possibly the strongest argument against such a change. If the expansion of the work product doctrine is to rely upon the instrumental policy justification that is shared with the attorney-client privilege, then it must also suffer from the weakness of this justification, i.e. that the perceived benefits of the protection are speculative at best. Indeed, the work product doctrine may be more susceptible to such an attack in light of how long we have lived without such an expansion. It is difficult to say that much of what is written down would not be, and that the expansion is necessary to avoid a detrimental effect on the attorney client relationship when no such expanded protection has been afforded to core work product for approximately the last 80 years.276 To this there are a number of responses that can be offered. First, though the instrumental justification is one justification for
A corollary to this argument would be that protective orders are available under Rule 26(c) to protect work product that is not covered under (b). See Fed. R. Civ. P. 26(c). Cf. Vincent C. Alexander, The Corporate Attorney-Client Privilege: A Study of the Participants, 63 ST. JOHN’S L. REV. 191, 408 (1989) (“If a claim of corporate privilege is overridden because of the particular evidentiary needs of the litigants, the court should be receptive to the corporation's request for a protective order to minimize the risk of dissemination of the attorney-client communications to the public or to parties in other proceedings.”). However, as has already been demonstrated, despite the availability of such a measure, problems have persisted as to the discovery of “core” work product. Indeed, the Rule itself speaks in terms that do no not lend the reader to think that simply by virtue of having “core” work product status, that protection should be granted as it states, “[a] party or any person from whom discovery is sought may move for a protective order in the court where the action is pending . . .. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (A) forbidding the disclosure or discovery . . ..” Fed. R. Civ. P. 26(c) (emphasis added). Also, the presence of a “good cause” justification is problematic as this was the precise language that was rejected by the Advisory Committee as being unacceptable with regard to protecting work product due to confusion as to its meaning. See part III.C., supra. In fact, a court could simply return to the “anticipation of litigation” analysis to determine if a protective order was justified. See, e.g., In re Grand Jury Subpoena, 220 F.R.D. at 133 (denying request for protective order as the material at issue was not produced in anticipation of litigation). 65
expansion of the doctrine, it is not the only one. The expansion of the doctrine is also in line with the adversarial justification articulated in Hickman as has been noted above. Indeed, it is interesting to note that though the attorney-client privilege has long stood upon the speculative instrumental justification, one of the primary alternative justifications that has been offered up for its continued existence is a humanistic privacy justification, which would seem to mirror the adversarial justification given for the work product doctrine.277 Furthermore, while there has been no protection for such materials in the past, today’s legal environment is much different from the one in which Hickman was decided, or the one in which the current version of Rule 26(b) was effected, or even the legal environment of ten years ago. This is due to both the growth of legal profession as a whole and in the in-house sector, as well as the advent of electronic discovery. In 1948, the time Hickman was decided and when the Rules were under consideration for amendment, in-house counsel accounted for 3 percent of all attorneys,278 of which there were approximately 200,000 (placing the number of in-house at approximately 6,000).279 The work of these in-house attorneys was relatively routine, but through the years grew to encompass increasingly complex matters.280 By 1970, the year in which the work product doctrine became a part of the Rules of Civil Procedure, the total number of attorneys had grown to 355,242 of which 11 percent worked in-house (placing the number of in-house counsel at approximately 39,076) .281 This
See notes 166-173, supra and accompanying text. THE OXFORD COMPANION TO AMERICAN LAW 500, 504-505 (Kermit L. Hall, et al. eds., Oxford 2002). 279 See GLENN GREENWOOD, THE 1961 LAWYER STATISTICAL REPORT 88 (American Bar Foundation 1962) (placing the total number of attorneys in the U.S. in 1951 at 221,605). 280 THE OXFORD COMPANION TO AMERICAN LAW 500, 505 (Kermit L. Hall, et al. eds., Oxford 2002); VERN COUNTRYMAN, ET AL, THE LAWYER IN MODERN SOCIETY 41, 44 (Little, Brown and Co. 1976). 281 BARBARA A. CURAN ET AL., THE LAWYER STATISTICAL REPORT: A STATISTICAL PROFILE OF THE U.S. LEGAL PROFESSION IN THE 1980S 12 (American Bar Foundation 1985); VERN COUNTRYMAN, ET AL, THE LAWYER IN
percentage leveled out over the next few decades, with in-house representing 10 percent of the total number of attorneys in 1980, of which there were 542,205 (placing the number of in-house at approximately 54,000),282 8 percent in 1995 (with a total number of approximately 71,349 in-house)283 and 8.4 percent in 2000 (for a total number of in-house counsel of 75,954).284 In 2008, the total number of attorneys in the U.S. had reached 1,014,000 and though no percentage of in-house counsel number appears available yet, if the percentage remains in the 8-10 percent range, this would place the number of in-house counsel somewhere between 81,120 and 101,400. Even going by a conservative estimate, this growth represents a significant increase in the raw numbers from 1948, and over a doubling of the number of inhouse counsel since 1970. When the advent of e-discovery is coupled with this growth in the numbers and use of in-house counsel, there is a great likelihood that, as a practical matter, materials exist today that simply would not have been discovered at the time of Hickman. The advent and regular use of computers and electronic storage of materials has created an environment in which every key stroke is recorded and recoverable. Notes, drafts and other material, which may very well have disappeared in hard copy, particularly after a few years, either through a document destruction program or simply by accident (we all know how unorganized some attorneys can be), are now discoverable through e-discovery measures. This has led to a large increase in the amount of discoverable information.285 It has also led to an
MODERN SOCIETY 4 (Little, Brown and Co. 1976) (placing the percentage at 10.3 percent). 282 CURAN, supra n.281, at 12; FRIEDMAN, supra n.272, at 461. 283 CLARA N. CARSON, THE LAWYER STATISTICAL REPORT: THE U.S. LEGAL PROFESSION IN 1995 7 (American Bar Foundation 1999). 284 CLARA N. CARSON, THE LAWYER STATISTICAL REPORT: THE U.S. LEGAL PROFESSION IN 2000 28 (American Bar Foundation 2004). The total number of attorneys in the U.S. had grown to over 1 million. Id. at 27. 285 Tracey L. Boyd, The Information Black Hole: Managing the Issues Arising from the Increase in Electronic Data Discovery in Litigation, 7 VAND. J. ENT. L. & PRAC. 323, 323-25 (2005) (“Without question, the amount of 67
increase in the ability to easily search through the vast amount of information to discover previously difficult to locate documents and information.286 As one commentator as characterized it, “[t]he data mountain is no longer an impossible height to scale, but a vast database to be mined for secrets and insights that were previously unavailable.”287 Based on the above, there are two significant changes that have occurred since Hickman; first is the increase in proportion and sheer number of lawyers used in-house (and for increasingly complex matters). Second, though the proportion of attorneys may have steadied by the time the work-product doctrine was recognized in Rule 26(b), the nature of discovery has changed dramatically since that time. Thus, if discovery of “core” work product was not a concern as a practical matter at the time of Hickman or in 1970, the same certainly cannot be said today.288
[electronically] discoverable information greatly exceeds the quantity that is available through traditional discovery.”); Steven C. Bennett & Thomas M. Niccum, Two Views From the Data Mountain, 36 CREIGHTON L. REV. 607, 60708 (2003); Shira A. Scheindlin & Jeffrey Rabkin, Electronic Discovery in Federal Civil Litigation: Is Rule 34 up to the Task? 41 B.C. L. REV. 327, 349 (2000). 286 Bennett, supra n.272, at 610-11. 287 Id. 288 For example, a review of the number of ALI/ABA published CLEs regarding discovery reveals a substantial increase since 1988, with the largest increase coming since 2004. See www.westlaw.com (search “American Law InstituteAmerican Bar Association Continuing Legal Education (ALI-ABA)” database by inputting “ti(Discovery) & da(1988)” to find the number of ALI/ABA articles with the word “discovery” in the title; repeat for every year up to 2009). As the chart below demonstrates, the results of this search show that the number of articles with “discovery” in the title greatly increased starting in 2004; illustrating that more emphasis is being put on issues of discovery in the legal community. This increase may very well be related to the 2006 amendments to the Federal Rules of Civil Procedure involving electronic discovery, which were being discussed prior to their effective date. Indeed, a review of the titles from 2004 onward reveals that a number of the CLEs included the words “electronic” or “e-discovery” in their title. 68
Finally, though it can be argued that the benefit is speculative, there is evidence, both anecdotally and by analogy to studies done in the attorney-client privilege context that would suggest otherwise. Anecdotally, it is not difficult to find attorneys with war stories about discovery battles and guarding against what was said or written down to avoid a paper trail that could be discovered later by an adversary.289 Empirically, there is some support that the attorney-client privilege provides more than “speculative” benefits. In 2005, the Association of Corporate Counsel (“ACC”) conducted a survey of its members to determine whether the attorney-client privilege was under attack by governmental agencies.290 Of the 363 respondents to the ACC
Cf. JOHN W. GERGACZ, ATTORNEY-CORPORATE CLIENT PRIVILEGE 7-10 (2d ed. Garland Law Publ’g 1990) (noting that without the protection, in the litigation context, counsel would “be forced to balance the benefit of creating work product with the risk that his adversary can readily obtain it”). 290 Association of Corporate Counsel Executive Summary, Association of Corporate Counsel: Is the Attorney-Client Privilege Under Attack?, at 1 (Apr. 6, 2005), available at http://www.acca.com/Surveys/attyclient.pdf. Additionally, in his 1989 survery concerning the effects, if any, of the attorney client privilege, Professor Vincent Alexander found that with respect to corporate representatives, 62% of in-house counsel, 88.5% of outside counsel, and 75% of executives said that in their opinion the attorney-client privilege encourages candor. Vincent C. Alexander, The Corporate Attorney-Client Privilege: A Study of the Participants, 63 ST. JOHN’S L. REV. 191, 246, 261 (1989). While this survey is twenty years old, and therefore not necessarily a 69
survey, 93% believed that senior-level employees of corporate clients were aware of the attorney-client privilege and relied upon it when consulting corporate counsel.291 This number dropped to 68% for mid and lower-tier employees.292 Significantly, however, 95% of the respondents believed that absent the attorney-client privilege, there would be a chilling effect of the flow of information from clients.293 The National Association of Defense Counsel conducted a similar study around the same time period which similarly found that 95% of its respondents felt that if the attorney-client privilege did not protect its communications or work product, there would be a chilling effect on the candid flow of information.294 Furthermore, 94% of respondents believed that the privilege enhanced the likelihood that company employees would discuss difficult issues of legal compliance with the attorney and 97% believed that the privilege enhanced the “lawyer’s ability to monitor/enforce/improve compliance
representation of circumstances today, the conclusions it draws, along with the conclusions promulgated by the Association of Corporate Counsel in their 2005 survey, provide a strong basis of support for the contention that the attorneyclient privilege provides more than speculative benefits. Compare Vincent C. Alexander, The Corporate Attorney-Client Privilege: A Study of the Participants, 63 ST. JOHN’S L. REV. 191, 414 (1989) (stating that the evidence gathered in this study contains more evidence than any other study to date that the attorney-client privilege encourages candor in communications between an attorney and his client) with Association of Corporate Counsel Executive Summary, Association of Corporate Counsel: Is the Attorney-Client Privilege Under Attack?, at 2-3 (Apr. 6, 2005), available at http://www.acca.com/Surveys/attyclient.pdf (finding, just as Professor Alexander did twenty years ago, that a vast majority of attorney’s believe there would be a chilling effect on candid communication without the attorney client privilege). 291 Association of Corporate Counsel Executive Summary, Association of Corporate Counsel: Is the Attorney-Client Privilege Under Attack?, at 2-3 (Apr. 6, 2005), available at http://www.acca.com/Surveys/attyclient.pdf. 292 Id. 293 Id. 294 Executive Summary, NACDL Survey: The Attorney-Client Privilege is Under Attack, at 1-3, available at http://www.nacdl.org/public.nsf/freeform/attorneyclient?OpenDocument. 70
initiatives.” These surveys, however, were of the attorneys and not of clients and could themselves be attacked as speculative (in that the attorneys are speculating upon what their clients would or would not reveal) and self-serving.296 It may be, on this front, until a convincing empirical study is completed, that the benefits derived from the attorney-client privilege may have to remain “speculative,” but, given the above justifications for expanding the coverage as to “core” work product, this flaw should not be fatal. This is particularly true given that the attorney-client privilege has existed on this same speculative benefit for many decades. A final argument that could be made against adoption of recognizing a residuum of protection for core work product is that it will be subject to abuse – that attorney’s will become mere tools by which powerful clients, such as corporations, can protect documents from exposure simply by having attorneys work on matters, be they related to the attorney’s legal expertise or not. As an initial response, I would again point out that recognizing a residuum of protection would not mean an abandonment of exceptions to the work product doctrine such as the crime-fraud exception or waiver. A corporation or client that wishes to utilize an attorney to commit a fraud would still be subject to producing the resultant work product. Furthermore, just as is true with the attorney-client privilege, simply using an attorney would not lead to protection under the work product doctrine. The work would still need to be generated by the attorney to provide legal assistance (and would still be a qualified privilege). Thus, involving an attorney in routine business matters would not lead to protection. While it is true that recognition of a residuum of protection could lead to expanded protection of certain documents, this proposal is by no means intended to completely displace the
Association of Corporate Counsel Executive Summary, Association of Corporate Counsel: Is the Attorney-Client Privilege Under Attack?, at 4 (Apr. 6, 2005) available at http://www.acca.com/Surveys/attyclient.pdf. 296 This possibility was recognized by Professor Vincent in his 1989 survey in which he noted that the “bias of the participants must be taken into account in weighing the accuracy of the results. . . .One may reasonably suspect . . . that the role of the privilege as an incentive to candor was exaggerated by the participants.” Vincent, supra n.57, at 263. 71
balance struck with a system of open discovery. Instead, recognition of a residuum of protection would strike a proper balance, within the dictates of the Hickman decision, between having a system of open discovery and retaining a level of protection for documents under both a humanistic privacy justification and also an instrumental justification. And while some may take issue with such an expansion and re-balancing, citing the need for more rather than less discovery, many of the criticisms that could be levied against such an approach could easily be levied against the Hickman decision itself. However, as valid as such criticisms may be, the battle to do away with any level of protection for work product has been fought and lost long ago. Recognition of a residuum of protection would merely do away with the arbitrary lines that are currently being drawn regarding “anticipation of litigation.” V. Conclusion
The anticipation misconception has lingered for far too long. Rather than attempt to stretch the existing attorney-client privilege to include “core” work product or broaden “anticipation of litigation” to encompass any work created by the attorney, however speculative the litigation may be, a sounder approach would be to simply recognize that a residuum of protection exists under Hickman that provides a separate protection for “core” work product. This is possible through the original Hickman decision itself, which even today has validity despite the existence of Rule 26(b). A recognition that “core” work product is protected, even if that protection is not absolute, despite the absence of potential litigation, is more in line with the duel policy justifications articulated by the Court in Hickman. The first of these policy justifications, to promote the adversarial system by providing a “zone of privacy,” is advanced by a rule that protects “core” work product as, even when litigation may be remote, the attorney’s mental impressions could just as easily be used against the attorney’s clients in a litigation context as documents produced explicitly in anticipation of litigation. Removing the “anticipation of litigation” requirement for “core” work product will also
promote the second, instrumental justification given by the Supreme Court. This justification, rooted in a concern that without protection, there would be a detrimental effect on the attorney-client relationship, and much of what is written down would not be written down, shares much in common with its cousin, the attorney-client privilege. And just as the attorneyclient privilege is not tied to litigation, neither should the protection of “core” work product. While the benefits may appear speculative, on balance, this benefit has been sufficient to justify the existence of other privileges, and the work product doctrine has the added benefit of having a duel justification in its first adversarial justification, which is also similar to the humanistic privacy justification that has been offered for the attorney-client privilege. Furthermore, the term “anticipation of litigation” has failed to yield a uniform or satisfactory definition – a problem that should concern both practitioners and academics alike. To demonstrate, imagine that fictional company ABC Corp., prior to any formal governmental investigation, assigns in-house counsel to investigate possible accounting irregularities. In-house counsel begins researching cases and statutes and makes notes regarding how such authorities could affect the company’s liability. While doing this, in-house counsel also sets up a schedule to interview employees and third parties over a four week time frame. Two weeks into the interviews and while research is still being done on the legal issues, the SEC and Department of Justice begin a formal investigation. In some jurisdictions, the work product from the first two weeks, including the attorney’s notes from the interviews would not be protected as the possibility of litigation was remote. However, the second two-week period, after the formal investigations had begun, would be covered as in “anticipation of litigation.” Such a distinction makes little sense and creates an incentive for in-house counsel to avoid writing down his or her mental impressions. Thus, eliminating the “anticipation of litigation” requirement for “core” work product in favor of a rule that simply protects such documents will help promote some degree of uniformity and provide attorneys with a degree of certainty about whether their work will be protected. The
inconsistent opinions that have resulted from the “anticipation of litigation” requirement have led to results that make distinctions without any true meaning. By simply recognizing that “core” work product is deserving of protection regardless of the prospect of litigation, so long as it is truly provided as part of an attorney’s provision of legal services, should, at the very least, provide courts with the ability to grant or deny protection in a more rational manner.
99KyLJ9.pdf
Colin P. Marks, Faculty Scholarship
Colin P. Marks, “The Anticipation Misconception,” St. Mary's Law Digital Repository, accessed July 18, 2019, http://lawspace.stmarytx.edu/item/99KyLJ9.
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The Barn Paddles Down the "Big River"
AUGUSTA, Mich.—Take a legendary American humorist and an award-winning country singer/songwriter, put them together and the result is “Big River,” a musical by the late Roger Miller, adapted from “The Adventures of Huckleberry Finn” by Mark Twain ne Samuel Clemens. Tuesday evening, The Barn Theatre opened its production of this musical journey, a multi (7)-Tony Award winning show that, for some reason, rarely returns to touring, regional or community stages. Whatever the reasons, The Barn production offers a laugh-filled look at the adventures of Huck (Kevin White) and Jim (Todd M. Kryger), a runaway slave hoping to make it to the free city of Cairo, Ill.
The music ranges from up tempo —”A Hand for the Hog,” is delivered by an increasingly rowdy Eric Morris as Tom Sawyer —to temperate ballads; “Leavin’s Not The Only Way to Go,” a trio with Huck, Jim and Mary Jane Wilkes (Jessica Malashevich) , “River in The Rain” and “Muddy Water.” White, who is on stage and in motion almost continually through the 2 hour 40 minute show, delivers a solid but happily not overdone portrait of the boy who yearns for a free life and holds the bonds of friendship lasting. Not only does he sing six of the show’s 17 songs (including three solos), he also serves as narrator of the piece, stepping out of the ongoing action to deliver his own interpretation of the situation. Kryger is a large and solid anchor for the eager Huck and his equally large basso is well-served in their duets as well as in “Free at Last.” He is the calming influence in the duo’s sometimes frantic escapades, Delivering such a sympathetic character makes it much more difficult to hear the word “nigger” applied to him as it is frequently. I know it was common in the show’s time setting (1840) but it made us increasingly uncomfortable. Maybe that was the point. The comic highlight of this “River” is Eric Parker as The Duke who, with Gregg Rehrigg as The King, cons his way up and down the river selling highly potent patent medicine. Parker is a skilled comedian who knows just when to hit a line and when to throw one away for maximum effect. Evidence of this is obvious in the sequence in which the con men seek to swindle a recent widow and he has been introduced as a deaf mute. With a few squeeks and rolling eyes, he steals the scene. He and Rehrigg let it all hang out in “The Royal Nonesuch.” The nine-piece orchestra under the direction of John Jay Espino do justice to Miller’s score, complete with harmonica and fiddle. The choreography by Kevin Field was appropriately energetic as delivered by the 20-plus ensemble members most of whom played several roles. Much of the “action” takes place on a small raft as Huck and Jim float down the Mississippi. Understandably, movement here is minimal. This makes it more important for movement to return when the narrative hits the shore. Unfortunately, this doesn’t happen The soloists merely stand in place during the emotional ballads (which are not enhanced by the bland lighting design) which makes the second act seem twice as long as it actually is.
“Big River” plays through Aug. 23. Shows are at 8:30 p.m. Tuesday through Friday; 6 and 9 p.m. Saturday and 5 p.m. Sunday in the theater on M-96 between Augusta and Galesburg. Tickets are $29. Call (269) 731-4121 from 10 a.m. to 10 p.m. daily or visit www.barntheatre.com
Author marciafulmerPosted on August 13, 2009 Categories Theatre Reviews
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Title XLIII
DOMESTIC RELATIONS Chapter 744
GUARDIANSHIP View Entire Chapter
(ss. 744.101-744.1098)
PUBLIC AND PROFESSIONAL GUARDIANS
(ss. 744.2001-744.2111)
TYPES OF GUARDIANSHIP
ADJUDICATION OF INCAPACITY AND APPOINTMENT OF
PART VI
PART VII
PART VIII
VETERANS’ GUARDIANSHIP
744.101 Short title.
744.1012 Legislative intent.
744.1025 Additional definitions.
744.104 Verification of documents.
744.105 Costs.
744.106 Notice.
744.107 Court monitors.
744.1075 Emergency court monitor.
744.1076 Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.
744.108 Guardian and attorney fees and expenses.
744.109 Records.
744.1095 Hearings.
744.1096 Domicile of ward.
744.1097 Venue.
744.1098 Change of ward’s residence.
744.101 Short title.—This chapter may be cited as the “Florida Guardianship Law.”
History.—s. 1, ch. 74-106; s. 1, ch. 89-96.
Note.—Created from former s. 744.01.
744.1012 Legislative intent.—The Legislature finds that:
(1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary.
(2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed.
(3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.
(4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian.
(5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available.
(6) A public guardian will be provided only to those persons whose needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4).
History.—s. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40.
744.102 Definitions.—As used in this chapter, the term:
(1) “Attorney for the alleged incapacitated person” means an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar.
(2) “Audit” means a systematic review of financial and all other documents to ensure compliance with s. 744.368, rules of court, and local procedures using generally accepted accounting principles. The term includes various practices that meet professional standards, such as verifications, reviews of substantiating papers and accounts, interviews, inspections, and investigations.
(3) “Clerk” means the clerk or deputy clerk of the court.
(4) “Corporate guardian” means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian.
(5) “Court” means the circuit court.
(6) “Court monitor” means a person appointed by the court under s. 744.107 to provide the court with information concerning a ward.
(7) “Estate” means the property of a ward subject to administration.
(8) “Foreign guardian” means a guardian appointed in another state or country.
(9) “Guardian” means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.
(a) “Limited guardian” means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian.
(b) “Plenary guardian” means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property.
(10) “Guardian ad litem” means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding.
(11) “Guardian advocate” means a person appointed by a written order of the court to represent a person with developmental disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate appointed for a person determined incompetent to consent to treatment under s. 394.4598.
(12) “Incapacitated person” means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.
(a) To “manage property” means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.
(b) To “meet essential requirements for health or safety” means to take those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur.
(13) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise.
(14) “Next of kin” means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person.
(15) “Nonprofit corporate guardian” means a nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state.
(16) “Preneed guardian” means a person named in a written declaration to serve as guardian in the event of the incapacity of the declarant as provided in s. 744.3045.
(17) “Professional guardian” means any guardian who has at any time rendered services to three or more wards as their guardian. A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a professional guardian. A public guardian shall be considered a professional guardian for purposes of regulation, education, and registration.
(18) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership.
(19) “Standby guardian” means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian.
(20) “Surrogate guardian” means a guardian designated according to s. 744.442.
(21) “Totally incapacitated” means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3).
(22) “Ward” means a person for whom a guardian has been appointed.
History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 231, ch. 77-104; s. 1, ch. 79-221; s. 3, ch. 80-171; s. 4, ch. 89-96; s. 2, ch. 90-271; s. 1, ch. 96-354; s. 1780, ch. 97-102; s. 6, ch. 2003-57; s. 9, ch. 2004-260; s. 1, ch. 2006-178; s. 1, ch. 2014-124.
744.1025 Additional definitions.—The definitions contained in the Florida Probate Code shall be applicable to the Florida Guardianship Law, unless the context requires otherwise, insofar as such definitions do not conflict with definitions contained in this law.
744.104 Verification of documents.—When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief.” Any person who shall willfully include a false statement in the document shall be guilty of perjury and upon conviction shall be punished accordingly.
History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 7, ch. 89-96.
744.105 Costs.—In all guardianship proceedings, costs may be awarded. When the costs are to be paid out of the property of the ward, the court may direct from what part of the property the costs shall be paid.
History.—s. 1, ch. 74-106; s. 8, ch. 89-96; s. 3, ch. 90-271.
744.106 Notice.—The requirements for notice under this chapter are those provided for in the Florida Probate Rules except as provided in s. 744.331(1).
History.—s. 4, ch. 75-222; s. 9, ch. 89-96; s. 65, ch. 95-211.
(1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine.
(2) The monitor may investigate, seek information, examine documents, or interview the ward and shall report to the court his or her findings. The report shall be verified and shall be served on the guardian, the ward, and such other persons as the court may determine.
(3) If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s estate, including amending the plan, requiring an accounting, ordering production of assets, freezing assets, suspending a guardian, or initiating proceedings to remove a guardian.
(4) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant.
(5) The court may appoint the office of criminal conflict and civil regional counsel as monitor if the ward is indigent.
History.—ss. 18, 26, ch. 75-222; s. 10, ch. 89-96; s. 4, ch. 90-271; s. 1068, ch. 97-102; s. 2, ch. 2006-77; s. 2, ch. 2015-83.
(1)(a) A court, upon inquiry from any interested person or upon its own motion, in any proceeding over which the court has jurisdiction, may appoint a court monitor on an emergency basis without notice. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the ward will be seriously impaired or that the ward’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The scope of the matters to be investigated and the powers and duties of the monitor must be specifically enumerated by court order.
(b) The authority of a monitor appointed under this section expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The authority of the monitor may be extended for an additional 30 days upon a showing that the emergency conditions still exist.
(2) Within 15 days after the entry of the order of appointment, the monitor shall file his or her report of findings and recommendations to the court. The report shall be verified and may be supported by documents or other evidence.
(3) Upon review of the report, the court shall determine whether there is probable cause to take further action to protect the person or property of the ward. If the court finds no probable cause, the court shall issue an order finding no probable cause and discharging the monitor.
(4)(a) If the court finds probable cause, the court shall issue an order to show cause directed to the guardian or other respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not take further action. The order shall specify the time and place of the hearing with a reasonable time to allow for the preparation of a defense after service of the order.
(b) At any time prior to the hearing on the order to show cause, the court may issue a temporary injunction, a restraining order, or an order freezing assets; may suspend the guardian or appoint a guardian ad litem; or may issue any other appropriate order to protect the physical or mental health or safety or property of the ward. A copy of all such orders or injunctions shall be transmitted by the court or under its direction to all parties at the time of entry of the order or injunction.
(c) Following a hearing on the order to show cause, the court may impose sanctions on the guardian or his or her attorney or other respondent or take any other action authorized by law, including entering a judgment of contempt; ordering an accounting; freezing assets; referring the case to local law enforcement agencies or the state attorney; filing an abuse, neglect, or exploitation complaint with the Department of Children and Families; or initiating proceedings to remove the guardian.
Nothing in this subsection shall be construed to preclude the mandatory reporting requirements of chapter 39.
(5) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for a court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant.
History.—s. 3, ch. 2006-77; s. 291, ch. 2014-19; s. 3, ch. 2015-83.
(1)(a) The order of any court appointing a court monitor pursuant to s. 744.107 or an emergency court monitor pursuant to s. 744.1075 is exempt from s. 24(a), Art. I of the State Constitution.
(b) The reports of an appointed court monitor or emergency court monitor relating to the medical condition, financial affairs, or mental health of the ward are confidential and exempt from s. 24(a), Art. I of the State Constitution. Such reports may be subject to inspection as determined by the court or upon a showing of good cause.
(c) The public records exemptions provided in this subsection expire if a court makes a finding of probable cause, except that information otherwise made confidential or exempt shall retain its confidential or exempt status.
(2) Court orders finding no probable cause pursuant to s. 744.107 or s. 744.1075 are confidential and exempt from s. 24(a), Art. I of the State Constitution; however, such orders may be subject to inspection as determined by the court or upon a showing of good cause.
History.—s. 1, ch. 2006-129; s. 161, ch. 2008-4; s. 1, ch. 2011-204.
(1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.
(2) When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria:
(a) The time and labor required;
(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;
(c) The likelihood that the acceptance of the particular employment will preclude other employment of the person;
(d) The fee customarily charged in the locality for similar services;
(e) The nature and value of the incapacitated person’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;
(f) The results obtained;
(g) The time limits imposed by the circumstances;
(h) The nature and length of the relationship with the incapacitated person; and
(i) The experience, reputation, diligence, and ability of the person performing the service.
(3) In awarding fees to attorney guardians, the court must clearly distinguish between fees and expenses for legal services and fees and expenses for guardian services and must have determined that no conflict of interest exists.
(4) Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney.
(5) All petitions for guardian and attorney fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.
(6) A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.
(7) A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court.
(8) When court proceedings are instituted to review or determine a guardian’s or an attorney’s fees under subsection (2), such proceedings are part of the guardianship administration process and the costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable.
(9) The court may determine that a request for compensation by the guardian, the guardian’s attorney, a person employed by the guardian, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, is reasonable without receiving expert testimony. A person or party may offer expert testimony for or against a request for compensation after giving notice to interested persons. Reasonable expert witness fees shall be awarded by the court and paid from the assets of the guardianship estate using the standards in subsection (8).
History.—ss. 18, 26, ch. 75-222; s. 11, ch. 89-96; s. 5, ch. 90-271; s. 2, ch. 96-354; s. 7, ch. 2003-57; s. 4, ch. 2015-83.
(1) All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity must be electronically or stenographically recorded.
(2) If an appeal is taken from any of these proceedings, a transcript must be furnished to an indigent ward at public expense.
History.—s. 12, ch. 89-96.
744.1095 Hearings.—At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to:
(1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify may not be used as evidence of incapacity;
(2) Testify;
(3) Present evidence;
(4) Call witnesses;
(5) Confront and cross-examine all witnesses; and
(6) Have the hearing open or closed as she or he may choose.
History.—s. 13, ch. 89-96; s. 6, ch. 90-271; s. 1069, ch. 97-102.
744.1096 Domicile of ward.—The domicile of a resident ward is the county where the ward resides.
History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 14, ch. 89-96; s. 5, ch. 2016-40.
Note.—Created from former s. 744.10; former s. 744.201.
(1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans.
(2) The venue in proceedings for the appointment of a guardian shall be:
(a) If the incapacitated person is a resident of this state, in the county where the incapacitated person resides.
(b) If the incapacitated person is not a resident of this state, in any county in this state where property of the incapacitated person is located.
(c) If the incapacitated person is not a resident of this state and owns no property in this state, in the county where any debtor of the incapacitated person resides.
(3) When the residence of an incapacitated person is changed to another county, the guardian shall petition to have the venue of the guardianship changed to the county of the acquired residence, except as provided in s. 744.1098.
(4) If an incapacitated person is a resident of this state and is found in a county other than the county of residence, the venue for declaration of incapacity and for the appointment of a guardian may be the county where the incapacitated person is found. Upon transfer of the incapacitated person to the county of residence, the guardian may have the venue of the guardianship changed to the county of residence and a successor guardian may be appointed.
History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 15, ch. 89-96; s. 7, ch. 90-271; s. 33, ch. 95-401; s. 3, ch. 96-354; s. 6, ch. 2016-40.
(1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward’s current residence. Any guardian who wishes to remove the ward from the ward’s current county of residence to another county which is not adjacent to the ward’s current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.
(2) IMMEDIATE COURT NOTIFICATION REQUIRED.—Any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county.
History.—s. 16, ch. 89-96; s. 8, ch. 90-271; s. 4, ch. 96-354; s. 7, ch. 2016-40.
Note.—Former s. 744.2025.
744.2001 Office of Public and Professional Guardians.
744.2002 Professional guardian registration.
744.2003 Regulation of professional guardians; application; bond required; educational requirements.
744.2004 Complaints; disciplinary proceedings; penalties; enforcement.
744.20041 Grounds for discipline; penalties; enforcement.
744.2005 Order of appointment.
744.2006 Office of Public and Professional Guardians; appointment, notification.
744.2007 Powers and duties.
744.2008 Costs of public guardian.
744.2009 Preparation of budget.
744.2101 Procedures and rules.
744.2102 Surety bond.
744.2103 Reports and standards.
744.21031 Public records exemption.
744.2104 Access to records by the Office of Public and Professional Guardians; confidentiality.
744.2105 Direct-support organization; definition; use of property; board of directors; audit; dissolution.
744.2106 Joining Forces for Public Guardianship grant program; purpose.
744.2107 Program administration; duties of the Office of Public and Professional Guardians.
744.2108 Eligibility.
744.2109 Grant application requirements; review criteria; awards process.
744.2111 Confidentiality.
744.2001 Office of Public and Professional Guardians.—There is created the Office of Public and Professional Guardians within the Department of Elderly Affairs.
(1) The Secretary of Elderly Affairs shall appoint the executive director, who shall be the head of the Office of Public and Professional Guardians. The executive director must be a member of The Florida Bar, knowledgeable of guardianship law and of the social services available to meet the needs of incapacitated persons, shall serve on a full-time basis, and shall personally, or through a representative of the office, carry out the purposes and functions of the Office of Public and Professional Guardians in accordance with state and federal law. The executive director shall serve at the pleasure of and report to the secretary.
(2) The executive director shall, within available resources:
(a) Have oversight responsibilities for all public and professional guardians.
(b) Establish standards of practice for public and professional guardians by rule, in consultation with professional guardianship associations and other interested stakeholders, no later than October 1, 2016. The executive director shall provide a draft of the standards to the Governor, the Legislature, and the secretary for review by August 1, 2016.
(c) Review and approve the standards and criteria for the education, registration, and certification of public and professional guardians in Florida.
(3) The executive director’s oversight responsibilities of professional guardians must be finalized by October 1, 2016, and shall include, but are not limited to:
(a) Developing and implementing a monitoring tool to ensure compliance of professional guardians with the standards of practice established by the Office of Public and Professional Guardians. This monitoring tool may not include a financial audit as required by the clerk of the circuit court under s. 744.368.
(b) Developing procedures, in consultation with professional guardianship associations and other interested stakeholders, for the review of an allegation that a professional guardian has violated the standards of practice established by the Office of Public and Professional Guardians governing the conduct of professional guardians.
(c) Establishing disciplinary proceedings, conducting hearings, and taking administrative action pursuant to chapter 120.
(4) The executive director’s oversight responsibilities of public guardians shall include, but are not limited to:
(a) Reviewing the current public guardian programs in Florida and other states.
(b) Developing, in consultation with local guardianship offices and other interested stakeholders, statewide performance measures.
(c) Reviewing various methods of funding public guardianship programs, the kinds of services being provided by such programs, and the demographics of the wards. In addition, the executive director shall review and make recommendations regarding the feasibility of recovering a portion or all of the costs of providing public guardianship services from the assets or income of the wards.
(d) By January 1 of each year, providing a status report and recommendations to the secretary which address the need for public guardianship services and related issues.
(e) Developing a guardianship training program curriculum that may be offered to all guardians, whether public or private.
(5) The executive director may provide assistance to local governments or entities in pursuing grant opportunities. The executive director shall review and make recommendations in the annual report on the availability and efficacy of seeking Medicaid matching funds. The executive director shall diligently seek ways to use existing programs and services to meet the needs of public wards.
(6) The executive director may conduct or contract for demonstration projects authorized by the Department of Elderly Affairs, within funds appropriated or through gifts, grants, or contributions for such purposes, to determine the feasibility or desirability of new concepts of organization, administration, financing, or service delivery designed to preserve the civil and constitutional rights of persons of marginal or diminished capacity. Any gifts, grants, or contributions for such purposes shall be deposited in the Department of Elderly Affairs Administrative Trust Fund.
History.—s. 4, ch. 99-277; s. 14, ch. 2003-57; s. 5, ch. 2003-262; s. 140, ch. 2005-2; s. 107, ch. 2013-18; s. 8, ch. 2016-40.
(1) A professional guardian must register with the Office of Public and Professional Guardians established in part II of this chapter.
(2) Annual registration shall be made on forms furnished by the Office of Public and Professional Guardians and accompanied by the applicable registration fee as determined by rule. The fee may not exceed $100.
(3) Registration must include the following:
(a) Sufficient information to identify the professional guardian, as follows:
1. If the professional guardian is a natural person, the name, address, date of birth, and employer identification or social security number of the person.
2. If the professional guardian is a partnership or association, the name, address, and employer identification number of the entity.
(b) Documentation that the bonding and educational requirements of s. 744.2003 have been met.
(c) Sufficient information to distinguish a guardian providing guardianship services as a public guardian, individually, through partnership, corporation, or any other business organization.
(4) Prior to registering a professional guardian, the Office of Public and Professional Guardians must receive and review copies of the credit and criminal investigations conducted under s. 744.3135. The credit and criminal investigations must have been completed within the previous 2 years.
(5) The executive director of the office may deny registration to a professional guardian if the executive director determines that the guardian’s proposed registration, including the guardian’s credit or criminal investigations, indicates that registering the professional guardian would violate any provision of this chapter. If a guardian’s proposed registration is denied, the guardian has standing to seek judicial review of the denial pursuant to chapter 120.
(6) The Department of Elderly Affairs may adopt rules necessary to administer this section.
(7) A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state, may, but is not required to, register as a professional guardian under this section. If a trust company, state banking corporation, state savings association, national banking association, or federal savings and loan association described in this subsection elects to register as a professional guardian under this subsection, the requirements of subsections (3) and (4) do not apply and the registration must include only the name, address, and employer identification number of the registrant, the name and address of its registered agent, if any, and the documentation described in paragraph (3)(b).
(8) The Department of Elderly Affairs may contract with the Florida Guardianship Foundation or other not-for-profit entity to register professional guardians.
(9) The department or its contractor shall ensure that the clerks of the court and the chief judge of each judicial circuit receive information about each registered professional guardian.
(10) A state college or university or an independent college or university that is located and chartered in Florida, that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or the Accrediting Council for Independent Colleges and Schools, and that confers degrees as defined in s. 1005.02(7) may, but is not required to, register as a professional guardian under this section. If a state college or university or independent college or university elects to register as a professional guardian under this subsection, the requirements of subsections (3) and (4) do not apply and the registration must include only the name, address, and employer identification number of the registrant.
History.—s. 3, ch. 2002-195; s. 8, ch. 2003-57; s. 10, ch. 2004-260; s. 2, ch. 2006-178; s. 2, ch. 2009-175; s. 9, ch. 2016-40.
(1) The provisions of this section are in addition to and supplemental to any other provision of the Florida Guardianship Law, except s. 744.3145.
(2) Each professional guardian who files a petition for appointment after October 1, 1997, shall post a blanket fiduciary bond with the clerk of the circuit court in the county in which the guardian’s primary place of business is located. The guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a professional guardian. The bond shall be maintained by the guardian in an amount not less than $50,000. The bond must cover all wards for whom the guardian has been appointed at any given time. The liability of the provider of the bond is limited to the face amount of the bond, regardless of the number of wards for whom the professional guardian has been appointed. The act or omissions of each employee of a professional guardian who has direct contact with the ward or access to the ward’s assets is covered by the terms of such bond. The bond must be payable to the Governor of the State of Florida and his or her successors in office and conditioned on the faithful performance of all duties by the guardian. In form, the bond must be joint and several. The bond is in addition to any bonds required under s. 744.351. This subsection does not apply to any attorney who is licensed to practice law in this state and who is in good standing, to any financial institution as defined in s. 744.309(4), or a public guardian. The expenses incurred to satisfy the bonding requirements prescribed in this section may not be paid with the assets of any ward.
(3) Each professional guardian defined in s. 744.102(17) and public guardian must receive a minimum of 40 hours of instruction and training. Each professional guardian must receive a minimum of 16 hours of continuing education every 2 calendar years after the year in which the initial 40-hour educational requirement is met. The instruction and education must be completed through a course approved or offered by the Office of Public and Professional Guardians. The expenses incurred to satisfy the educational requirements prescribed in this section may not be paid with the assets of any ward. This subsection does not apply to any attorney who is licensed to practice law in this state or an institution acting as guardian under s. 744.2002(7).
(4) Each professional guardian must allow, at the guardian’s expense, an investigation of the guardian’s credit history, and the credit history of employees of the guardian, in a manner prescribed by the Department of Elderly Affairs.
(5) As required in s. 744.3135, each professional guardian shall allow a level 2 background screening of the guardian and employees of the guardian in accordance with the provisions of s. 435.04.
(6) Each professional guardian is required to demonstrate competency to act as a professional guardian by taking an examination approved by the Department of Elderly Affairs.
(a) The Department of Elderly Affairs shall determine the minimum examination score necessary for passage of guardianship examinations.
(b) The Department of Elderly Affairs shall determine the procedure for administration of the examination.
(c) The Department of Elderly Affairs or its contractor shall charge an examination fee for the actual costs of the development and the administration of the examination. The examination fee for a guardian may not exceed $500.
(d) The Department of Elderly Affairs may recognize passage of a national guardianship examination in lieu of all or part of the examination approved by the Department of Elderly Affairs, except that all professional guardians must take and pass an approved examination section related to Florida law and procedure.
(7) The Department of Elderly Affairs shall set the minimum score necessary to demonstrate professional guardianship competency.
(8) The Department of Elderly Affairs shall waive the examination requirement in subsection (6) if a professional guardian can provide:
(a) Proof that the guardian has actively acted as a professional guardian for 5 years or more; and
(b) A letter from a circuit judge before whom the professional guardian practiced at least 1 year which states that the professional guardian had demonstrated to the court competency as a professional guardian.
(9) The court may not appoint any professional guardian who is not registered by the Office of Public and Professional Guardians.
(10) This section does not apply to a professional guardian or the employees of that professional guardian when that guardian is a trust company, a state banking corporation, state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.
History.—s. 1, ch. 97-161; s. 9, ch. 99-277; s. 9, ch. 2003-57; s. 17, ch. 2004-260; s. 62, ch. 2004-267; s. 32, ch. 2006-178; s. 10, ch. 2016-40.
(1) By October 1, 2016, the Office of Public and Professional Guardians shall establish procedures to:
(a) Review and, if determined legally sufficient, investigate any complaint that a professional guardian has violated the standards of practice established by the Office of Public and Professional Guardians governing the conduct of professional guardians. A complaint is legally sufficient if it contains ultimate facts that show a violation of a standard of practice by a professional guardian has occurred.
(b) Initiate an investigation no later than 10 business days after the Office of Public and Professional Guardians receives a complaint.
(c) Complete and provide initial investigative findings and recommendations, if any, to the professional guardian and the person who filed the complaint within 60 days after receipt.
(d) Obtain supporting information or documentation to determine the legal sufficiency of a complaint.
(e) Interview a ward, family member, or interested party to determine the legal sufficiency of a complaint.
(f) Dismiss any complaint if, at any time after legal sufficiency is determined, it is found there is insufficient evidence to support the allegations contained in the complaint.
(g) Coordinate, to the greatest extent possible, with the clerks of court to avoid duplication of duties with regard to the financial audits prepared by the clerks pursuant to s. 744.368.
(2) The Office of Public and Professional Guardians shall establish disciplinary proceedings, conduct hearings, and take administrative action pursuant to chapter 120. Disciplinary actions may include, but are not limited to, requiring a professional guardian to participate in additional educational courses provided or approved by the Office of Public and Professional Guardians, imposing additional monitoring by the office of the guardianships to which the professional guardian is appointed, and suspension or revocation of a professional guardian’s registration.
(3) In any disciplinary proceeding that may result in the suspension or revocation of a professional guardian’s registration, the Department of Elderly Affairs shall provide the professional guardian and the person who filed the complaint:
(a) A written explanation of how an administrative complaint is resolved by the disciplinary process.
(b) A written explanation of how and when the person may participate in the disciplinary process.
(c) A written notice of any hearing before the Division of Administrative Hearings at which final agency action may be taken.
(4) If the office makes a final determination to suspend or revoke the professional guardian’s registration, it must provide such determination to the court of competent jurisdiction for any guardianship case to which the professional guardian is currently appointed.
(5) If the office determines or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited as a result of a filed complaint or during the course of an investigation of a complaint, it shall immediately report such determination or suspicion to the central abuse hotline established and maintained by the Department of Children and Families pursuant to s. 415.103.
(6) By October 1, 2016, the Department of Elderly Affairs shall adopt rules to implement the provisions of this section.
History.—s. 11, ch. 2016-40.
(1) The following acts by a professional guardian shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:
(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of guardianship.
(b) Violating any rule governing guardians or guardianships adopted by the Office of Public and Professional Guardians.
(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of or the ability to practice as a professional guardian.
(d) Failing to comply with the educational course requirements contained in s. 744.2003.
(e) Having a registration, a license, or the authority to practice a regulated profession revoked, suspended, or otherwise acted against, including the denial of registration or licensure, by the registering or licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation under Florida law. The registering or licensing authority’s acceptance of a relinquishment of registration or licensure, stipulation, consent order, or other settlement offered in response to or in anticipation of the filing of charges against the registration or license shall be construed as an action against the registration or license.
(f) Knowingly filing a false report or complaint with the Office of Public and Professional Guardians against another guardian.
(g) Attempting to obtain, obtaining, or renewing a registration or license to practice a profession by bribery, by fraudulent misrepresentation, or as a result of an error by the Office of Public and Professional Guardians which is known and not disclosed to the Office of Public and Professional Guardians.
(h) Failing to report to the Office of Public and Professional Guardians any person who the professional guardian knows is in violation of this chapter or the rules of the Office of Public and Professional Guardians.
(i) Failing to perform any statutory or legal obligation placed upon a professional guardian.
(j) Making or filing a report or record that the professional guardian knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person’s attempt to do so. Such reports or records shall include only those that are signed in the guardian’s capacity as a professional guardian.
(k) Using the position of guardian for the purpose of financial gain by a professional guardian or a third party, other than the funds awarded to the professional guardian by the court pursuant to s. 744.108.
(l) Violating a lawful order of the Office of Public and Professional Guardians or failing to comply with a lawfully issued subpoena of the Office of Public and Professional Guardians.
(m) Improperly interfering with an investigation or inspection authorized by statute or rule or with any disciplinary proceeding.
(n) Using the guardian relationship to engage or attempt to engage the ward, or an immediate family member or a representative of the ward, in verbal, written, electronic, or physical sexual activity.
(o) Failing to report to the Office of Public and Professional Guardians in writing within 30 days after being convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
(p) Being unable to perform the functions of a professional guardian with reasonable skill by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of substance or as a result of any mental or physical condition.
(q) Failing to post and maintain a blanket fiduciary bond pursuant to s. 744.2003.
(r) Failing to maintain all records pertaining to a guardianship for a reasonable time after the court has closed the guardianship matter.
(s) Violating any provision of this chapter or any rule adopted pursuant thereto.
(2) When the Office of Public and Professional Guardians finds a professional guardian guilty of violating subsection (1), it may enter an order imposing one or more of the following penalties:
(a) Refusal to register an applicant as a professional guardian.
(b) Suspension or permanent revocation of a professional guardian’s registration.
(c) Issuance of a reprimand or letter of concern.
(d) Requirement that the professional guardian undergo treatment, attend continuing education courses, submit to reexamination, or satisfy any terms that are reasonably tailored to the violations found.
(e) Requirement that the professional guardian pay restitution of any funds obtained, disbursed, or obtained through a violation of any statute, rule, or other legal authority to a ward or the ward’s estate, if applicable.
(f) Requirement that the professional guardian undergo remedial education.
(3) In determining what action is appropriate, the Office of Public and Professional Guardians must first consider what sanctions are necessary to safeguard wards and to protect the public. Only after those sanctions have been imposed may the Office of Public and Professional Guardians consider and include in the order requirements designed to mitigate the circumstances and rehabilitate the professional guardian.
(4) The Office of Public and Professional Guardians shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action that may be imposed by the Office of Public and Professional Guardians pursuant to this chapter.
(5) It is the intent of the Legislature that the disciplinary guidelines specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses and that minor violations be distinguished from those which endanger the health, safety, or welfare of a ward or the public; that such guidelines provide reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct; and that such penalties be consistently applied by the Office of Public and Professional Guardians.
(6) The Office of Public and Professional Guardians shall by rule designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.
(a) An administrative law judge, in recommending penalties in any recommended order, must follow the disciplinary guidelines established by the Office of Public and Professional Guardians and must state in writing any mitigating or aggravating circumstance upon which a recommended penalty is based if such circumstance causes the administrative law judge to recommend a penalty other than that provided in the disciplinary guidelines.
(b) The Office of Public and Professional Guardians may impose a penalty other than those provided for in the disciplinary guidelines upon a specific finding in the final order of mitigating or aggravating circumstances.
(7) In addition to, or in lieu of, any other remedy or criminal prosecution, the Office of Public and Professional Guardians may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of this chapter or any provision of law with respect to professional guardians or the rules adopted pursuant thereto.
(8) Notwithstanding chapter 120, if the Office of Public and Professional Guardians determines that revocation of a professional guardian’s registration is the appropriate penalty, the revocation is permanent.
(9) If the Office of Public and Professional Guardians makes a final determination to suspend or revoke the professional guardian’s registration, the office must provide the determination to the court of competent jurisdiction for any guardianship case to which the professional guardian is currently appointed.
(10) The purpose of this section is to facilitate uniform discipline for those actions made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
(11) The Office of Public and Professional Guardians shall adopt rules to administer this section.
History.—s. 12, ch. 2016-40; s. 45, ch. 2017-3.
(1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings.
(2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. If limited, the order must state that the guardian may exercise only those delegable rights which have been removed from the incapacitated person and specifically delegated to the guardian. The order shall state the specific powers and duties of the guardian.
(3) The order appointing a guardian must be consistent with the incapacitated person’s welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so.
(4) If a petition for appointment of a guardian has been filed, an order appointing a guardian must be issued contemporaneously with the order adjudicating the person incapacitated. The order must specify the amount of the bond to be given by the guardian and must state specifically whether the guardian must place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to s. 69.031.
(5) If a petition for the appointment of a guardian has not been filed or ruled upon at the time of the hearing on the petition to determine capacity, the court may appoint an emergency temporary guardian in the manner and for the purposes specified in s. 744.3031.
(6) A plenary guardian shall exercise all delegable rights and powers of the incapacitated person.
(7) A person for whom a limited guardian has been appointed retains all legal rights except those that have been specifically granted to the guardian in the court’s written order.
History.—s. 1, ch. 74-106; ss. 12, 26, ch. 75-222; s. 39, ch. 89-96; s. 24, ch. 90-271; s. 1081, ch. 97-102; s. 12, ch. 2015-83; s. 13, ch. 2016-40.
(1) The executive director of the Office of Public and Professional Guardians, after consultation with the chief judge and other circuit judges within the judicial circuit and with appropriate advocacy groups and individuals and organizations who are knowledgeable about the needs of incapacitated persons, may establish, within a county in the judicial circuit or within the judicial circuit, one or more offices of public guardian and if so established, shall create a list of persons best qualified to serve as the public guardian, who have been investigated pursuant to s. 744.3135. The public guardian must have knowledge of the legal process and knowledge of social services available to meet the needs of incapacitated persons. The public guardian shall maintain a staff or contract with professionally qualified individuals to carry out the guardianship functions, including an attorney who has experience in probate areas and another person who has a master’s degree in social work, or a gerontologist, psychologist, registered nurse, or nurse practitioner. A public guardian that is a nonprofit corporate guardian under s. 744.309(5) must receive tax-exempt status from the United States Internal Revenue Service.
(2) The executive director shall appoint or contract with a public guardian from the list of candidates described in subsection (1). A public guardian must meet the qualifications for a guardian as prescribed in s. 744.309(1)(a). Upon appointment of the public guardian, the executive director shall notify the chief judge of the judicial circuit and the Chief Justice of the Supreme Court of Florida, in writing, of the appointment.
(3) If the needs of the county or circuit do not require a full-time public guardian, a part-time public guardian may be appointed at reduced compensation.
(4) A public guardian, whether full-time or part-time, may not hold any position that would create a conflict of interest.
(5) The public guardian is to be appointed for a term of 4 years, after which her or his appointment must be reviewed by the executive director, and may be reappointed for a term of up to 4 years. The executive director may suspend a public guardian with or without the request of the chief judge. If a public guardian is suspended, the executive director shall appoint an acting public guardian as soon as possible to serve until such time as a permanent replacement is selected. A public guardian may be removed from office during the term of office only by the executive director who must consult with the chief judge prior to said removal. A recommendation of removal made by the chief judge must be considered by the executive director.
(6) Public guardians who have been previously appointed by a chief judge prior to the effective date of this act pursuant to this section may continue in their positions until the expiration of their term pursuant to their agreement. However, oversight of all public guardians shall transfer to the Office of Public and Professional Guardians upon the effective date of this act. The executive director of the Office of Public and Professional Guardians shall be responsible for all future appointments of public guardians pursuant to this act.
History.—s. 1, ch. 86-120; s. 98, ch. 89-96; s. 69, ch. 95-211; s. 27, ch. 95-401; s. 16, ch. 96-354; s. 1789, ch. 97-102; s. 5, ch. 99-277; s. 8, ch. 2002-195; s. 14, ch. 2016-40.
(1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian.
(2) The public guardian shall be vested with all the powers and duties of a guardian under this chapter, except as otherwise provided by law.
(3) The public guardian shall primarily serve incapacitated persons who are of limited financial means, as defined by contract or rule of the Department of Elderly Affairs. The public guardian may serve incapacitated persons of greater financial means to the extent the Department of Elderly Affairs determines to be appropriate.
(4) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office.
(5) The public guardian may delegate to assistants and other members of his or her staff the powers and duties of the office of public guardian, except as otherwise limited by law. The public guardian shall retain ultimate responsibility for the discharge of his or her duties and responsibilities.
(6) The public guardian, when appointed guardian of an incapacitated person, shall seek a family member or friend, other person, bank, or corporation who is qualified and willing to serve as guardian. Upon determining that there is someone qualified and willing to serve as guardian, either the public guardian or the qualified person shall petition the court for appointment of a successor guardian.
(7) A public guardian may not commit a ward to a treatment facility, as defined in s. 394.455(47), without an involuntary placement proceeding as provided by law.
(8) When a person is appointed successor public guardian, he or she immediately succeeds to all rights, duties, responsibilities, and powers of the preceding public guardian.
(9) When the position of public guardian is vacant, subordinate personnel employed under subsection (4) shall continue to act as if the position of public guardian were filled.
History.—s. 1, ch. 86-120; s. 99, ch. 89-96; s. 45, ch. 96-169; s. 1790, ch. 97-102; s. 86, ch. 99-3; s. 15, ch. 2003-57; s. 71, ch. 2006-227; s. 15, ch. 2016-40; s. 78, ch. 2016-241.
(1) All costs of administration, including filing fees, shall be paid from the budget of the office of public guardian. No costs of administration, including filing fees, shall be recovered from the assets or the income of the ward.
(2) In any proceeding for appointment of a public guardian, or in any proceeding involving the estate of a ward for whom a public guardian has been appointed guardian, the court may waive any court costs or filing fees.
History.—s. 1, ch. 86-120; s. 100, ch. 89-96; s. 16, ch. 2016-40.
744.2009 Preparation of budget.—Each public guardian, whether funded in whole or in part by money raised through local efforts, grants, or any other source or whether funded in whole or in part by the state, shall prepare a budget for the operation of the office of public guardian to be submitted to the Office of Public and Professional Guardians. As appropriate, the Office of Public and Professional Guardians will include such budgetary information in the Department of Elderly Affairs’ legislative budget request. The office of public guardian shall be operated within the limitations of the General Appropriations Act and any other funds appropriated by the Legislature to that particular judicial circuit, subject to the provisions of chapter 216. The Department of Elderly Affairs shall make a separate and distinct request for an appropriation for the Office of Public and Professional Guardians. However, this section may not be construed to preclude the financing of any operations of the office of public guardian by moneys raised through local effort or through the efforts of the Office of Public and Professional Guardians.
History.—s. 1, ch. 86-120; s. 101, ch. 89-96; s. 6, ch. 99-277; s. 17, ch. 2016-40.
744.2101 Procedures and rules.—The public guardian, subject to the oversight of the Office of Public and Professional Guardians, is authorized to:
(1) Formulate and adopt necessary procedures to assure the efficient conduct of the affairs of the ward and general administration of the office and staff.
(2) Contract for services necessary to discharge the duties of the office.
(3) Accept the services of volunteer persons or organizations and provide reimbursement for proper and necessary expenses.
744.2102 Surety bond.—Upon taking office, a public guardian shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor and the Governor’s successors in office, in the penal sum of not less than $5,000 nor more than $25,000, conditioned on the faithful performance of all duties by the guardian. The amount of the bond shall be fixed by the majority of the judges within the judicial circuit. In form the bond shall be joint and several. The bond shall be purchased from the funds of the local office of public guardian.
History.—s. 1, ch. 86-120; s. 104, ch. 89-96; s. 1128, ch. 97-102; s. 11, ch. 99-277; s. 19, ch. 2016-40.
(1) The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.
(2) No report or disclosure of the ward’s personal and medical records shall be made, except as authorized by law.
(3) A public guardian shall file an annual report on the operations of the office of public guardian, in writing, by September 1 for the preceding fiscal year with the Office of Public and Professional Guardians, which shall have responsibility for supervision of the operations of the office of public guardian.
(4) Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward’s guardianship file and to the executive director of the Office of Public and Professional Guardians a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward’s potential to be restored to capacity.
(5)(a) Each office of public guardian shall undergo an independent audit by a qualified certified public accountant at least once every 2 years. A copy of the audit report shall be submitted to the Office of Public and Professional Guardians.
(b) In addition to regular monitoring activities, the Office of Public and Professional Guardians shall conduct an investigation into the practices of each office of public guardian related to the managing of each ward’s personal affairs and property. If feasible, the investigation shall be conducted in conjunction with the financial audit of each office of public guardian under paragraph (a).
(6) A public guardian shall ensure that each of the guardian’s wards is personally visited by the public guardian or by one of the guardian’s professional staff at least once each calendar quarter. During this personal visit, the public guardian or the professional staff person shall assess:
(a) The ward’s physical appearance and condition.
(b) The appropriateness of the ward’s current living situation.
(c) The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs.
(7) The ratio for professional staff to wards shall be 1 professional to 40 wards. The Office of Public and Professional Guardians may increase or decrease the ratio after consultation with the local public guardian and the chief judge of the circuit court. The basis for the decision to increase or decrease the prescribed ratio must be included in the annual report to the secretary.
History.—s. 1, ch. 86-120; s. 103, ch. 89-96; s. 17, ch. 96-354; s. 1791, ch. 97-102; s. 8, ch. 99-277; s. 127, ch. 2001-266; s. 27, ch. 2006-178; s. 159, ch. 2010-102; s. 20, ch. 2016-40.
744.21031 Public records exemption.—The home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former public guardians and employees with fiduciary responsibility; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As used in this section, the term “employee with fiduciary responsibility” means an employee of a public guardian who has the ability to direct any transactions of a ward’s funds, assets, or property; who under the supervision of the guardian, manages the care of the ward; or who makes any health care decision, as defined in s. 765.101, on behalf of the ward. This exemption applies to information held by an agency before, on, or after July 1, 2018. An agency that is the custodian of the information specified in this section shall maintain the exempt status of that information only if the current or former public guardians and employees with fiduciary responsibility submit to the custodial agency a written request for maintenance of the exemption. This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2018-16.
(1) Notwithstanding any other provision of law to the contrary, any medical, financial, or mental health records held by an agency, or the court and its agencies, or financial audits prepared by the clerk of the court pursuant to s. 744.368 and held by the court, which are necessary as part of an investigation of a guardian as a result of a complaint filed with the Office of Public and Professional Guardians to evaluate the public guardianship system, to assess the need for additional public guardianship, or to develop required reports, shall be provided to the Office of Public and Professional Guardians or its designee upon that office’s request. Any confidential or exempt information provided to the Office of Public and Professional Guardians shall continue to be held confidential or exempt as otherwise provided by law.
(2) All records held by the Office of Public and Professional Guardians relating to the medical, financial, or mental health of vulnerable adults as defined in chapter 415, persons with a developmental disability as defined in chapter 393, or persons with a mental illness as defined in chapter 394, shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.—s. 1, ch. 99-278; s. 112, ch. 2000-349; s. 1, ch. 2004-361; s. 21, ch. 2016-40; s. 1, ch. 2018-68.
(1) DEFINITION.—As used in this section, the term “direct-support organization” means an organization whose sole purpose is to support the Office of Public and Professional Guardians and is:
(a) A not-for-profit corporation incorporated under chapter 617 and approved by the Department of State;
(b) Organized and operated to conduct programs and activities; to raise funds; to request and receive grants, gifts, and bequests of moneys; to acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and to make expenditures to or for the direct or indirect benefit of the Office of Public and Professional Guardians; and
(c) Determined by the Office of Public and Professional Guardians to be consistent with the goals of the office, in the best interests of the state, and in accordance with the adopted goals and mission of the Department of Elderly Affairs and the Office of Public and Professional Guardians.
(2) CONTRACT.—The direct-support organization shall operate under a written contract with the Office of Public and Professional Guardians. The written contract must provide for:
(a) Certification by the Office of Public and Professional Guardians that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the office and in the best interests of the state. This certification must be made annually and reported in the official minutes of a meeting of the direct-support organization.
(b) The reversion of moneys and property held in trust by the direct-support organization:
1. To the Office of Public and Professional Guardians if the direct-support organization is no longer approved to operate for the office;
2. To the Office of Public and Professional Guardians if the direct-support organization ceases to exist;
3. To the Department of Elderly Affairs if the Office of Public and Professional Guardians ceases to exist; or
4. To the state if the Department of Elderly Affairs ceases to exist.
The fiscal year of the direct-support organization shall begin on July 1 of each year and end on June 30 of the following year.
(c) The disclosure of the material provisions of the contract, and the distinction between the Office of Public and Professional Guardians and the direct-support organization, to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications.
(3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs shall appoint a board of directors for the direct-support organization from a list of nominees submitted by the executive director of the Office of Public and Professional Guardians.
(4) USE OF PROPERTY.—The Department of Elderly Affairs may permit, without charge, appropriate use of fixed property and facilities of the department or the Office of Public and Professional Guardians by the direct-support organization. The department may prescribe any condition with which the direct-support organization must comply in order to use fixed property or facilities of the department or the Office of Public and Professional Guardians.
(5) MONEYS.—Any moneys may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the written contract with the Office of Public and Professional Guardians. Expenditures of the direct-support organization shall be expressly used to support the Office of Public and Professional Guardians. The expenditures of the direct-support organization may not be used for the purpose of lobbying as defined in s. 11.045.
(6) PUBLIC RECORDS.—Personal identifying information of a donor or prospective donor to the direct-support organization who desires to remain anonymous is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(7) AUDIT.—The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981.
(8) DISSOLUTION.—A not-for-profit corporation incorporated under chapter 617 that is determined by a circuit court to be representing itself as a direct-support organization created under this section, but that does not have a written contract with the Office of Public and Professional Guardians in compliance with this section, is considered to meet the grounds for a judicial dissolution described in s. 617.1430(1)(a). The Office of Public and Professional Guardians shall be the recipient for all assets held by the dissolved corporation which accrued during the period that the dissolved corporation represented itself as a direct-support organization created under this section.
History.—s. 9, ch. 2002-195; s. 14, ch. 2004-260; ss. 1, 2, ch. 2006-179; ss. 1, 2, ch. 2011-228; s. 25, ch. 2014-96; s. 22, ch. 2016-40; s. 1, ch. 2018-20.
744.2106 Joining Forces for Public Guardianship grant program; purpose.—The Legislature establishes the Joining Forces for Public Guardianship matching grant program for the purpose of assisting counties to establish and fund community-supported public guardianship programs. The Joining Forces for Public Guardianship matching grant program shall be established and administered by the Office of Public and Professional Guardians within the Department of Elderly Affairs. The purpose of the program is to provide startup funding to encourage communities to develop and administer locally funded and supported public guardianship programs to address the needs of indigent and incapacitated residents.
(1) The Office of Public and Professional Guardians may distribute the grant funds as follows:
(a) As initial startup funding to encourage counties that have no office of public guardian to establish an office, or as initial startup funding to open an additional office of public guardian within a county whose public guardianship needs require more than one office of public guardian.
(b) As support funding to operational offices of public guardian that demonstrate a necessity for funds to meet the public guardianship needs of a particular geographic area in the state which the office serves.
(c) To assist counties that have an operating public guardianship program but that propose to expand the geographic area or population of persons they serve, or to develop and administer innovative programs to increase access to public guardianship in this state.
Notwithstanding this subsection, the executive director of the office may award emergency grants if he or she determines that the award is in the best interests of public guardianship in this state. Before making an emergency grant, the executive director must obtain the written approval of the Secretary of Elderly Affairs. Subsections (2), (3), and (4) do not apply to the distribution of emergency grant funds.
(2) One or more grants may be awarded within a county. However, a county may not receive an award that equals, or multiple awards that cumulatively equal, more than 20 percent of the total amount of grant funds appropriated during any fiscal year.
(3) If an applicant is eligible and meets the requirements to receive grant funds more than once, the Office of Public and Professional Guardians shall award funds to prior awardees in the following manner:
(a) In the second year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 75 percent of the total amount of grant funds awarded within that county in year one.
(b) In the third year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 60 percent of the total amount of grant funds awarded within that county in year one.
(c) In the fourth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 45 percent of the total amount of grant funds awarded within that county in year one.
(d) In the fifth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 30 percent of the total amount of grant funds awarded within that county in year one.
(e) In the sixth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 15 percent of the total amount of grant funds awarded within that county in year one.
The Office of Public and Professional Guardians may not award grant funds to any applicant within a county that has received grant funds for more than 6 years.
(4) Grant funds shall be used only to provide direct services to indigent wards, except that up to 10 percent of the grant funds may be retained by the awardee for administrative expenses.
(5) Implementation of the program is subject to a specific appropriation by the Legislature in the General Appropriations Act.
History.—s. 3, ch. 2004-260; s. 23, ch. 2016-40.
744.2107 Program administration; duties of the Office of Public and Professional Guardians.—The Office of Public and Professional Guardians shall administer the grant program. The office shall:
(1) Publicize the availability of grant funds to entities that may be eligible for the funds.
(2) Establish an application process for submitting a grant proposal.
(3) Request, receive, and review proposals from applicants seeking grant funds.
(4) Determine the amount of grant funds each awardee may receive and award grant funds to applicants.
(5) Develop a monitoring process to evaluate grant awardees, which may include an annual monitoring visit to each awardee’s local office.
(6) Ensure that persons or organizations awarded grant funds meet and adhere to the requirements of this act.
History.—s. 4, ch. 2004-260; s. 108, ch. 2013-18; s. 24, ch. 2016-40.
(1) Any person or organization that has not been awarded a grant must meet all of the following conditions to be eligible to receive a grant:
(a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter.
(b) The applicant must have already been appointed by, or is pending appointment by, the Office of Public and Professional Guardians to become an office of public guardian in this state.
(2) Any person or organization that has been awarded a grant must meet all of the following conditions to be eligible to receive another grant:
(b) The applicant must have been appointed by, or is pending reappointment by, the Office of Public and Professional Guardians to be an office of public guardian in this state.
(c) The applicant must have achieved a satisfactory monitoring score during the applicant’s most recent evaluation.
744.2109 Grant application requirements; review criteria; awards process.—Grant applications must be submitted to the Office of Public and Professional Guardians for review and approval.
(1) A grant application must contain:
(a) The specific amount of funds being requested.
(b) The proposed annual budget for the office of public guardian for which the applicant is applying on behalf of, including all sources of funding, and a detailed report of proposed expenditures, including administrative costs.
(c) The total number of wards the applicant intends to serve during the grant period.
(d) Evidence that the applicant has:
1. Attempted to procure funds and has exhausted all possible other sources of funding; or
2. Procured funds from local sources, but the total amount of the funds collected or pledged is not sufficient to meet the need for public guardianship in the geographic area that the applicant intends to serve.
(e) An agreement or confirmation from a local funding source, such as a county, municipality, or any other public or private organization, that the local funding source will contribute matching funds to the public guardianship program totaling not less than $1 for every $1 of grant funds awarded. For purposes of this section, an applicant may provide evidence of agreements or confirmations from multiple local funding sources showing that the local funding sources will pool their contributed matching funds to the public guardianship program for a combined total of not less than $1 for every $1 of grant funds awarded. In-kind contributions, such as materials, commodities, office space, or other types of facilities, personnel services, or other items as determined by rule shall be considered by the office and may be counted as part or all of the local matching funds.
(f) A detailed plan describing how the office of public guardian for which the applicant is applying on behalf of will be funded in future years.
(g) Any other information determined by rule as necessary to assist in evaluating grant applicants.
(2) If the Office of Public and Professional Guardians determines that an applicant meets the requirements for an award of grant funds, the office may award the applicant any amount of grant funds the executive director deems appropriate, if the amount awarded meets the requirements of this act. The office may adopt a rule allocating the maximum allowable amount of grant funds which may be expended on any ward.
(3) A grant awardee must submit a new grant application for each year of additional funding.
(4)(a) In the first year of the Joining Forces for Public Guardianship program’s existence, the Office of Public and Professional Guardians shall give priority in awarding grant funds to those entities that:
1. Are operating as appointed offices of public guardians in this state;
2. Meet all of the requirements for being awarded a grant under this act; and
3. Demonstrate a need for grant funds during the current fiscal year due to a loss of local funding formerly raised through court filing fees.
(b) In each fiscal year after the first year that grant funds are distributed, the Office of Public and Professional Guardians may give priority to awarding grant funds to those entities that:
1. Meet all of the requirements of this section and ss. 744.2106, 744.2107, and 744.2108 for being awarded grant funds; and
2. Submit with their application an agreement or confirmation from a local funding source, such as a county, municipality, or any other public or private organization, that the local funding source will contribute matching funds totaling an amount equal to or exceeding $2 for every $1 of grant funds awarded by the office. An entity may submit with its application agreements or confirmations from multiple local funding sources showing that the local funding sources will pool their contributed matching funds to the public guardianship program for a combined total of not less than $2 for every $1 of grant funds awarded. In-kind contributions allowable under this section shall be evaluated by the Office of Public and Professional Guardians and may be counted as part or all of the local matching funds.
(1) The following are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, when held by the Department of Elderly Affairs in connection with a complaint filed and any subsequent investigation conducted pursuant to this part, unless the disclosure is required by court order:
(a) Personal identifying information of a complainant or ward.
(b) All personal health and financial records of a ward.
(c) All photographs and video recordings.
(2) Except as otherwise provided in this section, information held by the department, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active, unless the disclosure is required by court order.
(3) This section does not prohibit the department from providing such information to any law enforcement agency, any other regulatory agency in the performance of its official duties and responsibilities, or the clerk of the circuit court pursuant to s. 744.368.
(4) The exemption under this section applies to all documents received by the department in connection with a complaint before, on, or after July 1, 2017.
(5) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2017-176.
744.301 Natural guardians.
744.3021 Guardians of minors.
744.3025 Claims of minors.
744.3031 Emergency temporary guardianship.
744.304 Standby guardianship.
744.3045 Preneed guardian.
744.3046 Preneed guardian for minor.
744.306 Foreign guardians.
744.307 Foreign guardian may manage the property of nonresident ward.
744.308 Resident guardian of the property of nonresident ward.
744.3085 Guardian advocates.
(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.
(2) Except as otherwise provided in this chapter, on behalf of any of their minor children, and without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000, natural guardians may:
(a) Settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any minor children;
(b) Collect, receive, manage, and dispose of the proceeds of any settlement;
(c) Collect, receive, manage, and dispose of any real or personal property distributed from an estate or trust;
(d) Collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy or annuity contract payable to, or otherwise accruing to the benefit of, the child; and
(e) Collect, receive, manage, dispose of, and make elections regarding the proceeds of any benefit plan as defined in s. 710.102, of which the minor is a beneficiary, participant, or owner.
(3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.
(a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to:
1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and
2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents.
(b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release:
NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (name of released party or parties) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (name of released party or parties) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (name of released party or parties) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
(c) If a waiver or release complies with paragraph (b) and waives no more than allowed under this subsection, there is a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity.
1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection.
2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity.
3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence.
(d) Nothing in this subsection limits the ability of natural guardians, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a noncommercial activity provider, or its owners, affiliates, employees, or agents, to the extent authorized by common law.
(4) All instruments executed by a natural guardian for the benefit of the ward under the powers specified in this section are binding on the ward. The natural guardian may not, without a court order, use the property of the ward for the guardian’s benefit or to satisfy the guardian’s support obligation to the ward.
History.—s. 1, ch. 74-106; s. 8, ch. 75-166; s. 7, ch. 75-222; s. 1, ch. 77-190; s. 3, ch. 79-221; s. 17, ch. 89-96; s. 22, ch. 92-200; s. 66, ch. 95-211; s. 73, ch. 97-170; s. 11, ch. 2002-195; s. 8, ch. 2005-101; s. 3, ch. 2006-178; s. 2, ch. 2010-27; s. 1, ch. 2012-48; s. 5, ch. 2015-112.
(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.
(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.
(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.
(4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding.
History.—s. 9, ch. 90-271; s. 6, ch. 2015-112.
(1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the gross settlement of the claim exceeds $15,000 if the court believes a guardian ad litem is necessary to protect the minor’s interest.
(b) Except as provided in paragraph (e), the court shall appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s claim in a case in which the gross settlement involving a minor equals or exceeds $50,000.
(c) The appointment of the guardian ad litem must be without the necessity of bond or notice.
(d) The duty of the guardian ad litem is to protect the minor’s interests as described in the Florida Probate Rules.
(e) A court need not appoint a guardian ad litem for the minor if a guardian of the minor has previously been appointed and that guardian has no potential adverse interest to the minor.
(2) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.
(3) A settlement of a claim pursuant to this section is subject to the confidentiality provisions of this chapter.
History.—s. 4, ch. 2006-178; s. 5, ch. 2015-83.
(1) A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The subject of the proceeding or any adult interested in the welfare of that person may apply to the court in which the proceeding is pending for the emergency appointment of a temporary guardian. The powers and duties of the emergency temporary guardian must be specifically enumerated by court order. The court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings, and such appointed counsel may request that the proceeding be recorded and transcribed.
(2) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.
(3) The court may appoint an emergency temporary guardian on its own motion if no petition for appointment of guardian has been filed at the time of entry of an order determining incapacity.
(4) The authority of an emergency temporary guardian expires 90 days after the date of appointment or when a guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 90 days upon a showing that the emergency conditions still exist.
(5) The court may issue an injunction, restraining order, or other appropriate writ to protect the physical or mental health or safety of the person who is the ward of the emergency temporary guardianship.
(6) The emergency temporary guardian shall take an oath to faithfully perform the duties of a guardian before letters of emergency temporary guardianship are issued.
(7) Before exercising authority as guardian, the emergency temporary guardian of the property may be required to file a bond in accordance with s. 744.351.
(8) An emergency temporary guardian’s authority and responsibility begins upon issuance of letters of emergency temporary guardianship in accordance with s. 744.345.
(9)(a) An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship.
(b) A court may not authorize any payment of the emergency temporary guardian’s final fees or the final fees of his or her attorney until the final report is filed.
(c) If an emergency temporary guardian is a guardian for the property, the final report must consist of a verified inventory of the property, as provided in s. 744.365, as of the date the letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the property of the ward over which the guardian had control, and a statement of the property of the ward on hand at the end of the emergency temporary guardianship. If the emergency temporary guardian becomes the successor guardian of the property, the final report must satisfy the requirements of the initial guardianship report for the guardian of the property as provided in s. 744.362.
(d) If the emergency temporary guardian is a guardian of the person, the final report must summarize the activities of the temporary guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the temporary guardian in the letters of guardianship. If the emergency temporary guardian becomes the successor guardian of the person, the report must satisfy the requirements of the initial report for a guardian of the person as stated in s. 744.362.
(e) A copy of the final report of the emergency temporary guardianship shall be served on the successor guardian and the ward.
History.—s. 19, ch. 89-96; s. 10, ch. 90-271; s. 1070, ch. 97-102; s. 5, ch. 2006-178; s. 6, ch. 2015-83.
(1) Upon a petition by the natural guardians or a guardian appointed under s. 744.3021, the court may appoint a standby guardian of the person or property of a minor. The court may also appoint an alternate to the guardian to act if the standby guardian does not serve or ceases to serve after appointment. Notice of a hearing on the petition must be served on the parents, natural or adoptive, and on any guardian currently serving unless the notice is waived in writing by them or waived by the court for good cause shown.
(2) Upon petition of a currently serving guardian, a standby guardian of the person or property of an incapacitated person may be appointed by the court. Notice of the hearing shall be served on the ward’s next of kin.
(3) The standby guardian or alternate shall be empowered to assume the duties of guardianship immediately on the death, removal, or resignation of the guardian of a minor, or on the death or adjudication of incapacity of the last surviving natural guardian of a minor, or upon the death, removal, or resignation of the guardian for an adult. The guardian of the ward’s property may not be empowered to deal with the ward’s property, other than to safeguard it, before issuance of letters of guardianship. If the ward is over the age of 18 years, the court shall conduct a hearing as provided in s. 744.331 before confirming the appointment of the standby guardian, unless the ward has previously been found to be incapacitated.
(4) Within 20 days after assumption of duties as guardian, a standby guardian shall petition for confirmation of appointment. If the court finds the standby guardian to be qualified to serve as guardian under ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347, shall file a bond, and shall submit to a credit and a criminal history record check as set forth in s. 744.3135, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.
(5) After the assumption of duties by a standby guardian, the court shall have jurisdiction over the guardian and the ward.
History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 20, ch. 89-96; s. 11, ch. 90-271; s. 1071, ch. 97-102; s. 6, ch. 2006-178.
(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.
(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.
(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.
(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.
History.—s. 21, ch. 89-96; s. 12, ch. 90-271.
(1) Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent’s minor child by making a written declaration that names such guardian to serve if the minor’s last surviving parent becomes incapacitated or dies. The declarant or declarants may also name an alternate to the guardian to act if the designated preneed guardian refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the last surviving parent of the minor.
(2) The written declaration must reasonably identify the declarant or declarants and the designated preneed guardian and must be signed by the declarant or declarants in the presence of at least two attesting witnesses present at the same time. The written declaration must also provide the following information for each minor child named in such declaration: the full name as it appears on the birth certificate or as ordered by a court, date of birth, and social security number, if any.
(3) The declarant must file the declaration with the clerk of the court. When a petition for incapacity of the last surviving parent or the appointment of a guardian upon the death of the last surviving parent is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding to determine incapacity of the last surviving parent, or in a proceeding to appoint a guardian upon the death of the last surviving parent, constitutes a rebuttable presumption that the designated preneed guardian is entitled to serve as guardian. The court is not bound to appoint the designated preneed guardian if the designated preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity of the last surviving parent or the death of the last surviving parent.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that the alternate preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.
(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if the court requires a bond. Letters of guardianship must then be issued in the manner provided in s. 744.345.
(8) The clerk shall maintain all declarations filed pursuant to this section until:
(a) A petition for incapacity of the last surviving parent is filed or petition for the appointment of a guardian upon the death of the last surviving parent is filed as provided in subsection (3); or
(b) All minor children named in the declaration have reached the age of majority.
The clerk may dispose of such written declaration in accordance with law.
History.—s. 23, ch. 92-200.
(1) When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. Such order shall be recognized and given full faith and credit in the courts of this state. The guardian and the ward are subject to this chapter.
(2) A guardian appointed in any state, territory, or country may maintain or defend any action in this state as a representative of her or his ward.
(3) Debtors who have received no written demand for payment from a guardian appointed in this state within 60 days after the appointment of a guardian, curator, conservator, or committee in any state, territory, or country other than this state, and whose property in this state is subject to a mortgage or other lien securing the debt held by the foreign guardian, curator, conservator, or committee, may pay the debt to the foreign guardian, curator, conservator, or committee after the expiration of 60 days from the date of her or his appointment. A satisfaction of the mortgage or lien, executed after the 60 days have expired by the foreign guardian, curator, conservator, or committee, with an authenticated copy of the letters or other evidence of authority of the foreign guardian, curator, conservator, or committee attached, may be recorded in the public records of this state and shall constitute an effective discharge of the mortgage or lien, irrespective of whether the debtor had received written demand before paying the debt.
(4) All persons indebted to a ward, or having possession of personal property belonging to a ward, who have received no written demand for payment of the indebtedness or the delivery of the property from a guardian appointed in this state are authorized to pay the indebtedness or to deliver the personal property to the foreign guardian, curator, conservator, or committee after the expiration of the 60 days from the date of her or his appointment.
History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 23, ch. 89-96; s. 1072, ch. 97-102.
(1) A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a petition showing his or her appointment, describing the property, stating its estimated value, and showing the indebtedness, if any, existing against the ward in this state, to the best of the guardian’s knowledge and belief.
(2) The guardian shall designate a resident agent as required by the Florida Probate Rules.
(3) The guardian shall file authenticated copies of his or her letters of guardianship or other authority and of his or her bond or other security. The court shall determine if the foreign bond or other security is sufficient to guarantee the faithful management of the ward’s property in this state. The court may require a new guardian’s bond in this state in the amount it deems necessary and conditioned for the proper management and application of the property of the ward coming into the custody of the guardian in this state.
(4) Thereafter, the guardianship shall be governed by the law concerning guardianships.
History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 24, ch. 89-96; s. 67, ch. 95-211; s. 1073, ch. 97-102.
(1) The court may appoint a person qualified under s. 744.309 as guardian of a nonresident ward’s property upon the petition of a foreign guardian, next of kin, or creditor of the ward, regardless of whether he or she has a foreign guardian or not.
(2) The petition for the appointment of a guardian for the property of a nonresident ward shall be in writing and shall be prepared in accordance with the requirements of s. 744.334.
(3) If it is alleged that the incapacity is due to mental or physical incapacity, the petition shall be accompanied by an authenticated copy of the adjudication of incapacity from the qualified authorities in the state, territory, or country where the incapacitated person is domiciled and shall state whether the incapacitated person is in the custody of any person or institution and, if so, the name and post office address of the custodian. The adjudication shall constitute prima facie proof of the incapacity.
(4) If the question about the mental or physical incapacity of a nonresident is presented while the nonresident is temporarily residing in this state and he or she is not under an adjudication of incapacity made in some other state, territory, or country, the procedure for the appointment of a guardian of the nonresident’s property shall be the same as though he or she were a resident of this state.
(5) When the ground for the appointment of a guardian is incapacity for which the person has been adjudicated in another state, territory, or country, notice of the hearing shall be served personally or by registered mail on the ward and the ward’s next of kin and legal custodian, if any, at least 20 days before the hearing.
(6) In the appointment of the guardian, the court shall be governed by s. 744.312.
(7) The duties, powers, and liabilities for the custody, control, management, and disposition of the ward’s property and removal, accounting, and discharge shall be governed by the law applicable to guardians of property of resident wards.
History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 25, ch. 89-96; s. 13, ch. 90-271; s. 1074, ch. 97-102.
Note.—Created from former ss. 744.18, 744.19, 744.21, 744.25, 744.26.
744.3085 Guardian advocates.—A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the person has voluntarily petitioned for the appointment of a guardian advocate. Unless otherwise specified, the proceeding shall be governed by the Florida Probate Rules. In accordance with the legislative intent of this chapter, courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship.
History.—s. 11, ch. 2004-260.
744.309 Who may be appointed guardian of a resident ward.
744.3115 Advance directives for health care.
744.312 Considerations in appointment of guardian.
744.3125 Application for appointment.
744.3135 Credit and criminal investigation.
744.3145 Guardian education requirements.
(1) RESIDENT.—
(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward.
(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward’s family, and serves without compensation.
(2) NONRESIDENT.—A nonresident of the state may serve as guardian of a resident ward if he or she is:
(a) Related by lineal consanguinity to the ward;
(b) A legally adopted child or adoptive parent of the ward;
(c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or
(d) The spouse of a person otherwise qualified under this section.
(3) DISQUALIFIED PERSONS.—No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward’s best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.
(4) TRUST COMPANY, STATE BANK OR SAVINGS ASSOCIATION, OR NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.—A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state may act as guardian of the property of the ward.
(5) NONPROFIT CORPORATE GUARDIAN.—A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian.
(6) HEALTH CARE PROVIDER.—A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward’s best interests.
(7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate guardian existing under the laws of this state is qualified to act as guardian of a ward if the entity is qualified to do business in the state, is wholly owned by the person who is the circuit’s public guardian in the circuit where the corporate guardian is appointed, has met the registration requirements of s. 744.2002, and posts and maintains a bond or insurance policy under paragraph (a).
(a) The for-profit corporate guardian must meet one of the following requirements:
1. Post and maintain a blanket fiduciary bond of at least $250,000 with the clerk of the circuit court in the county in which the corporate guardian has its principal place of business. The corporate guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a guardian. The bond must cover all wards for whom the corporation has been appointed as a guardian at any given time. The liability of the provider of the bond is limited to the face value of the bond, regardless of the number of wards for whom the corporation is acting as a guardian. The terms of the bond must cover the acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The bond must be payable to the Governor and his or her successors in office and be conditioned on the faithful performance of all duties of a guardian under this chapter. The bond is in lieu of and not in addition to the bond required under s. 744.2003 but is in addition to any bonds required under s. 744.351. The expenses incurred to satisfy the bonding requirements of this section may not be paid with the assets of any ward; or
2. Maintain a liability insurance policy that covers any losses sustained by the guardianship caused by errors, omissions, or any intentional misconduct committed by the corporation’s officers or agents. The policy must cover all wards for whom the corporation is acting as a guardian for losses up to $250,000. The terms of the policy must cover acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The corporate guardian shall provide proof of the policy to the clerk of each circuit court in which he or she is serving as a guardian.
(b) A for-profit corporation appointed as guardian before July 1, 2015, is also qualified to serve as a guardian in the particular guardianships in which the corporation has already been appointed as guardian.
History.—s. 1, ch. 74-106; s. 8, ch. 75-222; s. 4, ch. 79-221; s. 7, ch. 81-27; s. 2, ch. 83-139; s. 26, ch. 89-96; s. 14, ch. 90-271; s. 1, ch. 96-184; s. 5, ch. 96-354; s. 1781, ch. 97-102; s. 48, ch. 98-280; s. 159, ch. 98-403; s. 8, ch. 2000-135; s. 110, ch. 2000-349; s. 4, ch. 2002-195; s. 31, ch. 2004-267; s. 53, ch. 2010-114; s. 7, ch. 2015-83; s. 36, ch. 2016-40.
744.3115 Advance directives for health care.—In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765. If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the ward with regard to health care decisions and what authority, if any, the surrogate shall continue to exercise over the ward with regard to health care decisions. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward. Any order revoking or modifying the authority of the surrogate must be supported by specific written findings of fact. If the court order provides that the guardian is responsible for making health care decisions for the ward, the guardian shall assume the responsibilities of the surrogate which are provided in s. 765.205. For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101.
History.—s. 6, ch. 92-199; s. 1, ch. 94-183; s. 7, ch. 2006-178; s. 8, ch. 2015-83.
(1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward.
(2) If a guardian cannot be appointed under subsection (1), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not. The court shall give preference to the appointment of a person who:
(a) Is related by blood or marriage to the ward;
(b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided;
(c) Has the capacity to manage the financial resources involved; or
(d) Has the ability to meet the requirements of the law and the unique needs of the individual case.
(3) The court shall also:
(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.
(b) Consider the preference of a minor who is age 14 or over as to who should be appointed guardian.
(c) Consider any person designated as guardian in any will in which the ward is a beneficiary.
(d) Consider the wishes of the ward’s next of kin, when the ward cannot express a preference.
(4) Except when a standby guardian or a preneed guardian is appointed by the court:
(a) In each case when a court appoints a professional guardian and does not use a rotation system for such appointment, the court must make specific findings of fact stating why the person was selected as guardian in the particular matter involved. The findings must reference each of the factors listed in subsections (2) and (3).
(b) An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph.
(5) The court may not give preference to the appointment of a person under subsection (2) based solely on the fact that such person was appointed by the court to serve as an emergency temporary guardian.
History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 1, ch. 77-174; s. 5, ch. 79-221; s. 27, ch. 89-96; s. 15, ch. 90-271; s. 9, ch. 2015-83.
(1) Every prospective guardian must complete an application for appointment as guardian. The application must list the person’s qualifications to serve as a guardian.
(2) A person may not be appointed a guardian unless the person discloses in the application form the names of all wards for whom the person is currently acting as a guardian. The application must identify each ward by court file number and circuit court in which the case is pending and must state whether the person is acting as the limited or plenary guardian of the person or property or both.
(3) This section does not apply to corporate guardians other than nonprofit corporate guardians or to public guardians.
(4) Nonprofit corporate guardians must file quarterly with the clerk of court disclosure statements that contain the information required under subsections (1) and (2), rather than filing a guardianship application with each petition to be appointed guardian.
History.—s. 29, ch. 89-96; s. 16, ch. 90-271; s. 1075, ch. 97-102.
(1) The court shall require all guardians who are seeking appointment by the court, other than a corporate guardian as described in s. 744.309(4), and all employees of a professional guardian, other than a corporate guardian as described in s. 744.309(4), who have a fiduciary responsibility to a ward, to submit, at their own expense, to a credit history investigation and to undergo level 2 background screening as required under s. 435.04. On petition by any interested person or on the court’s own motion, the court may waive the requirement of a credit history investigation or a level 2 background screening, or both. If appointed, a nonprofessional guardian may petition the court for reimbursement of the reasonable expenses of the credit history investigation and background screening. The court must consider the results of any investigation before appointing a guardian. At any time, the court may require a guardian or the guardian’s employees to submit to an investigation of the person’s credit history and complete a level 1 or level 2 background screening pursuant to s. 435.03. The court shall consider the results of any investigation in determining whether to reappoint a guardian. The clerk of the court shall maintain a file on each guardian appointed by the court and retain in the file documentation of the result of any investigation conducted under this section. A professional guardian shall pay the clerk of the court a fee of up to $7.50 for handling and processing professional guardian files.
(2) For nonprofessional guardians, the court shall accept the satisfactory completion of a criminal history record check as described in this subsection. A nonprofessional guardian satisfies the requirements of this section by undergoing a state and national criminal history record check using fingerprints. Any nonprofessional guardian who is so required shall have his or her fingerprints taken and forward them along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint criminal history record check shall be forwarded to the clerk of the court, who shall maintain the results in the nonprofessional guardian’s file and make the results available to the court.
(3) For professional guardians, the court and the Office of Public and Professional Guardians shall accept the satisfactory completion of a criminal history record check by any method described in this subsection. A professional guardian satisfies the requirements of this section by undergoing an electronic fingerprint criminal history record check. A professional guardian may use any electronic fingerprinting equipment used for criminal history record checks. By October 1, 2016, the Office of Public and Professional Guardians shall adopt a rule detailing the acceptable methods for completing an electronic fingerprint criminal history record check under this section. The professional guardian shall pay the actual costs incurred by the Federal Bureau of Investigation and the Department of Law Enforcement for the criminal history record check. The entity completing the record check must immediately send the results of the criminal history record check to the clerk of the court and the Office of Public and Professional Guardians. The clerk of the court shall maintain the results in the professional guardian’s file and shall make the results available to the court.
(4)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 2 background screening as set forth in s. 435.04 before and at least once every 5 years after the date the guardian is registered. A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 1 background screening as set forth in s. 435.03 at least once every 2 years after the date the guardian is registered. However, a professional guardian is not required to resubmit fingerprints for a criminal history record check if he or she has been screened using electronic fingerprinting equipment and the fingerprints are retained by the Department of Law Enforcement in order to notify the clerk of the court of any crime charged against the person in this state or elsewhere, as appropriate.
(b) All fingerprints electronically submitted to the Department of Law Enforcement under this section shall be retained by the Department of Law Enforcement in a manner provided by rule and entered in the statewide automated biometric identification system authorized by s. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprints entered in the Criminal Justice Information Program under s. 943.051.
(c) The Department of Law Enforcement shall search all arrest fingerprints received under s. 943.051 against the fingerprints retained in the statewide automated biometric identification system under paragraph (b). Any arrest record that is identified with the fingerprints of a person described in this paragraph must be reported to the clerk of court. The clerk of court must forward any arrest record received for a professional guardian to the Office of Public and Professional Guardians within 5 days. Each professional guardian who elects to submit fingerprint information electronically shall participate in this search process by paying an annual fee to the Office of Public and Professional Guardians of the Department of Elderly Affairs and by informing the clerk of court and the Office of Public and Professional Guardians of any change in the status of his or her guardianship appointment. The amount of the annual fee to be imposed for performing these searches and the procedures for the retention of professional guardian fingerprints and the dissemination of search results shall be established by rule of the Department of Law Enforcement. At least once every 5 years, the Office of Public and Professional Guardians must request that the Department of Law Enforcement forward the fingerprints maintained under this section to the Federal Bureau of Investigation.
(5)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, an investigation of his or her credit history before and at least once every 2 years after the date of the guardian’s registration with the Office of Public and Professional Guardians.
(b) By October 1, 2016, the Office of Public and Professional Guardians shall adopt a rule detailing the acceptable methods for completing a credit investigation under this section. If appropriate, the Office of Public and Professional Guardians may administer credit investigations. If the office chooses to administer the credit investigation, the office may adopt a rule setting a fee, not to exceed $25, to reimburse the costs associated with the administration of a credit investigation.
(6) The Office of Public and Professional Guardians may inspect at any time the results of any credit or criminal history record check of a public or professional guardian conducted under this section. The office shall maintain copies of the credit or criminal history record check results in the guardian’s registration file. If the results of a credit or criminal investigation of a public or professional guardian have not been forwarded to the Office of Public and Professional Guardians by the investigating agency, the clerk of the court shall forward copies of the results of the investigations to the office upon receiving them.
(7) The requirements of this section do not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.
History.—s. 30, ch. 89-96; s. 1076, ch. 97-102; s. 2, ch. 97-161; s. 10, ch. 99-277; s. 5, ch. 2002-195; s. 10, ch. 2003-57; s. 114, ch. 2003-402; s. 12, ch. 2004-260; s. 22, ch. 2004-267; s. 8, ch. 2006-178; s. 1, ch. 2007-127; s. 58, ch. 2013-116; s. 2, ch. 2014-124; s. 27, ch. 2016-40.
(1) Each ward is entitled to a guardian competent to perform the duties of a guardian necessary to protect the interests of the ward.
(2) Each person appointed by the court to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a minimum of 8 hours of instruction and training which covers:
(a) The legal duties and responsibilities of the guardian;
(b) The rights of the ward;
(c) The availability of local resources to aid the ward; and
(d) The preparation of habilitation plans and annual guardianship reports, including financial accounting for the ward’s property.
(3) Each person appointed by the court to be the guardian of the property of his or her minor child must receive a minimum of 4 hours of instruction and training that covers:
(a) The legal duties and responsibilities of the guardian of the property;
(b) The preparation of the initial inventory and annual guardianship accountings for the ward’s property; and
(c) Use of guardianship assets.
(4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 4 months after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar.
(5) Expenses incurred by the guardian to satisfy the education requirement may be paid from the ward’s estate, unless the court directs that such expenses be paid by the guardian individually.
(6) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. The court shall make its decision on a case-by-case basis and, in making its decision, shall consider the experience and education of the guardian, the duties assigned to the guardian, and the needs of the ward.
(7) The provisions of this section do not apply to professional guardians.
History.—s. 31, ch. 89-96; s. 17, ch. 90-271; s. 1077, ch. 97-102; s. 3, ch. 97-161; s. 11, ch. 2003-57; s. 9, ch. 2006-178.
ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF GUARDIANS
744.3201 Petition to determine incapacity.
744.3203 Suspension of power of attorney before incapacity determination.
744.3215 Rights of persons determined incapacitated.
744.331 Procedures to determine incapacity.
744.334 Petition for appointment of guardian or professional guardian; contents.
744.3371 Notice of petition for appointment of guardian and hearing.
744.341 Voluntary guardianship.
744.342 Minors; guardianship.
744.345 Letters of guardianship.
744.347 Oath of guardian.
744.351 Bond of guardian.
744.354 Validity of bond.
744.357 Liability of surety.
744.358 Liability of a guardian.
744.359 Abuse, neglect, or exploitation by a guardian.
(1) A petition to determine incapacity of a person may be executed by an adult person.
(2) The petition must be verified and must:
(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;
(b) State the name, age, county of residence, and present address of the alleged incapacitated person;
(c) Specify the primary language spoken by the alleged incapacitated person, if known;
(d) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;
(e) State the name and address of the alleged incapacitated person’s attending or family physician, if known;
(f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and
(g) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.
(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.
History.—s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102.
(1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a motion stating that a specific power of attorney should be suspended for any of the following grounds:
(a) The agent’s decisions are not in accord with the alleged incapacitated person’s known desires.
(b) The power of attorney is invalid.
(c) The agent has failed to discharge his or her duties or incapacity or illness renders the agent incapable of discharging duties.
(d) The agent has abused powers.
(e) There is a danger that the property of the alleged incapacitated person may be wasted, misappropriated, or lost unless the authority under the power of attorney is suspended.
Grounds for suspending a power of attorney do not include the existence of a dispute between the agent and the petitioner which is more appropriate for resolution in some other forum or a legal proceeding other than a guardianship proceeding.
(2) The motion must:
(a) Identify one or more of the grounds in subsection (1);
(b) Include specific statements of fact showing that grounds exist to justify the relief sought; and
(c) Include the following statement: “Under penalties of perjury, I declare that I have read the foregoing motion and that the facts stated in it are true to the best of my knowledge and belief,” followed by the signature of the petitioner.
(3) Upon the filing of a response to the motion by the agent under the power of attorney, the court shall schedule the motion for an expedited hearing. Unless an emergency arises and the agent’s response sets forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent, notice must be given to all interested persons, the alleged incapacitated person, and the alleged incapacitated person’s attorney. The court order following the hearing must set forth what powers the agent is permitted to exercise, if any, pending the outcome of the petition to determine incapacity.
(4) In addition to any other remedy authorized by law, a court may award reasonable attorney fees and costs to an agent who successfully challenges the suspension of the power of attorney if the petitioner’s motion was made in bad faith.
(5) The suspension of authority granted to persons other than a parent, spouse, child, or grandchild shall be as provided in s. 709.2109.
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(b) To have continuing review of the need for restriction of his or her rights.
(c) To be restored to capacity at the earliest possible time.
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(e) To have a qualified guardian.
(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(g) To be properly educated.
(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(i) To receive services and rehabilitation necessary to maximize the quality of life.
(j) To be free from discrimination because of his or her incapacity.
(k) To have access to the courts.
(l) To counsel.
(m) To receive visitors and communicate with others.
(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(o) To privacy.
(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:
(a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.
(b) To vote.
(c) To personally apply for government benefits.
(d) To have a driver license.
(e) To travel.
(f) To seek or retain employment.
(3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right:
(a) To contract.
(b) To sue and defend lawsuits.
(c) To apply for government benefits.
(d) To manage property or to make any gift or disposition of property.
(e) To determine his or her residence.
(f) To consent to medical and mental health treatment.
(g) To make decisions about his or her social environment or other social aspects of his or her life.
(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.
(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward’s parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.
History.—s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178; s. 5, ch. 2017-16.
(1) NOTICE OF PETITION TO DETERMINE INCAPACITY.—Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person. The notice and copies of the petitions must also be given to the attorney for the alleged incapacitated person, and served upon all next of kin identified in the petition. The notice must state the time and place of the hearing to inquire into the capacity of the alleged incapacitated person and that an attorney has been appointed to represent the person and that, if she or he is determined to be incapable of exercising certain rights, a guardian will be appointed to exercise those rights on her or his behalf.
(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.—
(a) When a court appoints an attorney for an alleged incapacitated person, the court must appoint the office of criminal conflict and civil regional counsel or a private attorney as prescribed in s. 27.511(6). A private attorney must be one who is included in the attorney registry compiled pursuant to s. 27.40. Appointments of private attorneys must be made on a rotating basis, taking into consideration conflicts arising under this chapter.
(b) The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court.
(c) Any attorney representing an alleged incapacitated person may not serve as guardian of the alleged incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner.
(d) An attorney seeking to be appointed by a court for incapacity and guardianship proceedings must have completed a minimum of 8 hours of education in guardianship. A court may waive the initial training requirement for an attorney who has served as a court-appointed attorney in incapacity proceedings or as an attorney of record for guardians for not less than 3 years.
(3) EXAMINING COMMITTEE.—
(a) Within 5 days after a petition for determination of incapacity has been filed, the court shall appoint an examining committee consisting of three members. One member must be a psychiatrist or other physician. The remaining members must be either a psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge, skill, experience, training, or education may, in the court’s discretion, advise the court in the form of an expert opinion. One of three members of the committee must have knowledge of the type of incapacity alleged in the petition. Unless good cause is shown, the attending or family physician may not be appointed to the committee. If the attending or family physician is available for consultation, the committee must consult with the physician. Members of the examining committee may not be related to or associated with one another, with the petitioner, with counsel for the petitioner or the proposed guardian, or with the person alleged to be totally or partially incapacitated. A member may not be employed by any private or governmental agency that has custody of, or furnishes, services or subsidies, directly or indirectly, to the person or the family of the person alleged to be incapacitated or for whom a guardianship is sought. A petitioner may not serve as a member of the examining committee. Members of the examining committee must be able to communicate, either directly or through an interpreter, in the language that the alleged incapacitated person speaks or to communicate in a medium understandable to the alleged incapacitated person if she or he is able to communicate. The clerk of the court shall send notice of the appointment to each person appointed no later than 3 days after the court’s appointment.
(b) A person who has been appointed to serve as a member of an examining committee to examine an alleged incapacitated person may not thereafter be appointed as a guardian for the person who was the subject of the examination.
(c) Each person appointed to an examining committee must file an affidavit with the court stating that he or she has completed the required courses or will do so no later than 4 months after his or her initial appointment. Each year, the chief judge of the circuit must prepare a list of persons qualified to be members of an examining committee.
(d) A member of an examining committee must complete a minimum of 4 hours of initial training. The person must complete 2 hours of continuing education during each 2-year period after the initial training. The initial training and continuing education program must be developed under the supervision of the Office of Public and Professional Guardians, in consultation with the Florida Conference of Circuit Court Judges; the Elder Law and the Real Property, Probate and Trust Law sections of The Florida Bar; and the Florida State Guardianship Association. The court may waive the initial training requirement for a person who has served for not less than 5 years on examining committees. If a person wishes to obtain his or her continuing education on the Internet or by watching a video course, the person must first obtain the approval of the chief judge before taking an Internet or video course.
(e) Each member of the examining committee shall examine the person. Each examining committee member must determine the alleged incapacitated person’s ability to exercise those rights specified in s. 744.3215. In addition to the examination, each examining committee member must have access to, and may consider, previous examinations of the person, including, but not limited to, habilitation plans, school records, and psychological and psychosocial reports voluntarily offered for use by the alleged incapacitated person. Each member of the examining committee must file his or her report with the clerk of the court within 15 days after appointment.
(f) The examination of the alleged incapacitated person must include a comprehensive examination, a report of which shall be filed by each examining committee member as part of his or her written report. The comprehensive examination report should be an essential element, but not necessarily the only element, used in making a capacity and guardianship decision. The comprehensive examination must include, if indicated:
1. A physical examination;
2. A mental health examination; and
3. A functional assessment.
If any of these three aspects of the examination is not indicated or cannot be accomplished for any reason, the written report must explain the reasons for its omission.
(g) Each committee member’s written report must include:
1. To the extent possible, a diagnosis, prognosis, and recommended course of treatment.
2. An evaluation of the alleged incapacitated person’s ability to retain her or his rights, including, without limitation, the rights to marry; vote; contract; manage or dispose of property; have a driver license; determine her or his residence; consent to medical treatment; and make decisions affecting her or his social environment.
3. The results of the comprehensive examination and the committee member’s assessment of information provided by the attending or family physician, if any.
4. A description of any matters with respect to which the person lacks the capacity to exercise rights, the extent of that incapacity, and the factual basis for the determination that the person lacks that capacity.
5. The names of all persons present during the time the committee member conducted his or her examination. If a person other than the person who is the subject of the examination supplies answers posed to the alleged incapacitated person, the report must include the response and the name of the person supplying the answer.
6. The signature of the committee member and the date and time the member conducted his or her examination.
(h) Within 3 days after receipt of each examining committee member’s report, the clerk shall serve the report on the petitioner and the attorney for the alleged incapacitated person by electronic mail delivery or United States mail, and, upon service, shall file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10 day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If such service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing.
(i) The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis upon which the challenge to admissibility is made. If an objection is timely filed and served, the court shall apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection.
(4) DISMISSAL OF PETITION.—If a majority of the examining committee members conclude that the alleged incapacitated person is not incapacitated in any respect, the court shall dismiss the petition.
(5) ADJUDICATORY HEARING.—
(a) Upon appointment of the examining committee, the court shall set the date upon which the petition will be heard. The adjudicatory hearing must be conducted at least 10 days, which time period may be waived, but no more than 30 days, after the filing of the last filed report of the examining committee members, unless good cause is shown. The adjudicatory hearing must be conducted at the time and place specified in the notice of hearing and in a manner consistent with due process.
(b) The alleged incapacitated person must be present at the adjudicatory hearing, unless waived by the alleged incapacitated person or the person’s attorney or unless good cause can be shown for her or his absence. Determination of good cause rests in the sound discretion of the court.
(c) In the adjudicatory hearing on a petition alleging incapacity, the partial or total incapacity of the person must be established by clear and convincing evidence.
(6) ORDER DETERMINING INCAPACITY.—If, after making findings of fact on the basis of clear and convincing evidence, the court finds that a person is incapacitated with respect to the exercise of a particular right, or all rights, the court shall enter a written order determining such incapacity. In determining incapacity, the court shall consider the person’s unique needs and abilities and may only remove those rights that the court finds the person does not have the capacity to exercise. A person is determined to be incapacitated only with respect to those rights specified in the order.
(a) The court shall make the following findings:
1. The exact nature and scope of the person’s incapacities;
2. The exact areas in which the person lacks capacity to make informed decisions about care and treatment services or to meet the essential requirements for her or his physical or mental health or safety;
3. The specific legal disabilities to which the person is subject; and
4. The specific rights that the person is incapable of exercising.
(b) When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person. If the court finds there is not an alternative to guardianship that sufficiently addresses the problems of the incapacitated person, a guardian must be appointed to exercise the incapacitated person’s delegable rights.
(c) In determining that a person is totally incapacitated, the order must contain findings of fact demonstrating that the individual is totally without capacity to care for herself or himself or her or his property.
(d) An order adjudicating a person to be incapacitated constitutes proof of such incapacity until further order of the court.
(e) After the order determining that the person is incapacitated has been filed with the clerk, it must be served on the incapacitated person. The person is deemed incapacitated only to the extent of the findings of the court. The filing of the order is notice of the incapacity. An incapacitated person retains all rights not specifically removed by the court.
(f) Upon the filing of a verified statement by an interested person stating:
1. That he or she has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and
2. A reasonable factual basis for that belief,
the trust, trust amendment, or durable power of attorney shall not be deemed to be an alternative to the appointment of a guardian. The appointment of a guardian does not limit the court’s power to determine that certain authority granted by a durable power of attorney is to remain exercisable by the agent.
(7) FEES.—
(a) The examining committee and any attorney appointed under subsection (2) are entitled to reasonable fees to be determined by the court.
(b) The fees awarded under paragraph (a) shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state. The state shall have a creditor’s claim against the guardianship property for any amounts paid under this section. The state may file its claim within 90 days after the entry of an order awarding attorney ad litem fees. If the state does not file its claim within the 90-day period, the state is thereafter barred from asserting the claim. Upon petition by the state for payment of the claim, the court shall enter an order authorizing immediate payment out of the property of the ward. The state shall keep a record of the payments.
(c) If the petition is dismissed or denied:
1. The fees of the examining committee shall be paid upon court order as expert witness fees under s. 29.004(6).
2. Costs and attorney fees of the proceeding may be assessed against the petitioner if the court finds the petition to have been filed in bad faith. The petitioner shall also reimburse the state courts system for any amounts paid under subparagraph 1. upon such a finding.
History.—ss. 9, 26, ch. 75-222; s. 4, ch. 77-328; s. 1, ch. 78-342; s. 6, ch. 79-221; s. 35, ch. 89-96; s. 20, ch. 90-271; s. 4, ch. 91-303; s. 5, ch. 91-306; s. 7, ch. 96-354; s. 1783, ch. 97-102; s. 76, ch. 2004-265; s. 4, ch. 2006-77; s. 11, ch. 2006-178; s. 44, ch. 2006-217; s. 28, ch. 2007-62; s. 11, ch. 2015-83; s. 33, ch. 2016-40; s. 1, ch. 2017-16; s. 89, ch. 2018-110.
(1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her or his incapacity, if any; the extent of guardianship desired, either plenary or limited; the residence and post office address of the petitioner; the names and addresses of the next of kin of the incapacitated person or minor, if known to the petitioner; the name of the proposed guardian; the relationship and previous relationship of the proposed guardian to the ward; the nature and value of property subject to the guardianship; and the reasons why this person should be appointed guardian. If a willing and qualified guardian cannot be located, the petition must so state.
(2) The petition for appointment of a professional guardian must comply with the provisions of subsection (1), and must state that the petitioner is a professional guardian.
History.—ss. 11, 26, ch. 75-222; s. 7, ch. 79-221; s. 36, ch. 89-96; s. 21, ch. 90-271; s. 8, ch. 96-354; s. 1784, ch. 97-102.
(1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, reasonable notice of the hearing must be served on the incapacitated person, the person’s attorney, if any, any guardian then serving, the person’s next of kin, and such other interested persons as the court may direct.
(2) When a petition for appointment of a guardian for a minor is filed, formal notice must be served on the minor’s parents. If the petitioner has custody of the minor and the petition alleges that, after diligent search, the parents cannot be found, the parents may be served by informal notice, delivered to their last known address or addresses. When a parent petitions for appointment as guardian for his or her minor child, no notice is necessary unless the other parent is living and does not consent to the appointment.
History.—s. 22, ch. 90-271; s. 1079, ch. 97-102.
(1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his or her delegation of authority. Notice of hearing on any petition for appointment and for authority to act shall be given to the petitioner and to any person to whom the petitioner requests that notice be given. Such request may be made in the petition for appointment of guardian or in a subsequent written request for notice signed by the petitioner.
(2) If requested in the petition for appointment of a guardian brought under this section, the court may direct the guardian to take possession of less than all of the ward’s property and of the rents, income, issues, and profits from it. In such case, the court shall specify in its order the property to be included in the guardianship estate, and the duties and responsibilities of the guardian appointed under this section will extend only to such property.
(3) Unless the voluntary guardianship is limited pursuant to subsection (2), any guardian appointed under this section has the same duties and responsibilities as are provided by law for plenary guardians of the property, generally.
(4) A guardian must include in the annual report filed with the court a certificate from a licensed physician who examined the ward not more than 90 days before the annual report is filed with the court. The certificate must certify that the ward is competent to understand the nature of the guardianship and of the ward’s authority to delegate powers to the voluntary guardian.
(5) A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated. A copy of the notice must be served on all interested persons.
History.—ss. 11, 26, ch. 75-222; s. 9, ch. 79-221; s. 4, ch. 84-31; s. 38, ch. 89-96; s. 23, ch. 90-271; s. 1080, ch. 97-102; s. 12, ch. 2006-178.
744.342 Minors; guardianship.—Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331.
744.345 Letters of guardianship.—Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of the ward. The letters must state whether the guardianship is plenary or limited, and, if limited, the letters must state the powers and duties of the guardian. The letters shall state whether or not and to what extent the guardian is authorized to act on behalf of the ward with regard to any advance directive previously executed by the ward.
History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 28, ch. 89-96; s. 25, ch. 90-271; s. 7, ch. 92-199; s. 2, ch. 94-183; s. 13, ch. 2015-83.
744.347 Oath of guardian.—Before exercising his or her authority as guardian, every guardian shall take an oath that he or she will faithfully perform his or her duties as guardian. This oath is not jurisdictional.
History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 40, ch. 89-96; s. 1082, ch. 97-102.
(1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor of the state and the Governor’s successors in office, conditioned on the faithful performance of all duties by the guardian. In form the bond shall be joint and several. When the petitioner or guardian presents compelling reasons, the court may waive a bond or require the use of a designated financial institution as defined in s. 655.005(1).
(2) When the sureties on a bond are natural persons, the guardian shall be required to file with the annual guardianship report proof satisfactory to the court that the sureties are alive and solvent.
(3) The penal sum of a guardian’s bond shall be fixed by the court, and it must be in an amount not less than the full amount of the cash on hand and on deposit belonging to the ward and subject to the control of the guardian, plus the value of the notes and bonds owned by the ward that are payable to bearer, and plus the value of all other intangible personal property, in whatever form, owned by the ward which has a market value which readily can be fixed and which intangible personal property readily can be traded for cash or its equivalent.
(4) For good cause, the court may require, or increase or reduce the amount of, bond or change or release the surety.
(5) Financial institutions as defined in s. 744.309(4), other than a trust company operating under chapter 662 which is not a licensed family trust company or foreign licensed family trust company, and public guardians authorized by law to be guardians are not required to file bonds.
(6) When it is expedient in the judgment of any court having jurisdiction of any guardianship property, because the size of the bond required of the guardian is burdensome, or for other cause, the court may order, in lieu of a bond or in addition to a lesser bond, that the guardian place all or part of the property of the ward in a designated financial institution under the same conditions and limitations as are contained in s. 69.031. A designated financial institution shall also include a dealer, as defined in s. 517.021(6), if the dealer is a member of the Security Investment Protection Corporation and is doing business in the state.
History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 78-342; s. 2, ch. 86-120; s. 41, ch. 89-96; s. 26, ch. 90-271; s. 30, ch. 95-401; s. 9, ch. 96-354; s. 1785, ch. 97-102; s. 39, ch. 2014-97.
744.354 Validity of bond.—No bond executed by any guardian shall be invalid because of an informality in it or because of an informality or illegality in the appointment of the guardian. The bond shall have the same force and effect as if the bond had been executed in proper form and the appointment had been legally made.
History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 42, ch. 89-96.
744.357 Liability of surety.—No surety for a guardian shall be charged beyond the property of the ward.
History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch. 89-96; s. 27, ch. 90-271.
(1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.
(2) In dealing with the ward’s property, a guardian is subject to the standards set forth in s. 518.11.
(1) A guardian may not abuse, neglect, or exploit a ward.
(2) A guardian has committed exploitation when the guardian:
(a) Commits fraud in obtaining appointment as a guardian;
(b) Abuses his or her powers; or
(c) Wastes, embezzles, or intentionally mismanages the assets of the ward.
(3) A person who believes that a guardian is abusing, neglecting, or exploiting a ward shall report the incident to the central abuse hotline of the Department of Children and Families.
(4) This section shall be interpreted in conformity with s. 825.103.
744.361 Powers and duties of guardian.
744.362 Initial guardianship report.
744.363 Initial guardianship plan.
744.365 Verified inventory.
744.367 Duty to file annual guardianship report.
744.3675 Annual guardianship plan.
744.3678 Annual accounting.
744.3679 Simplified accounting procedures in certain cases.
744.368 Responsibilities of the clerk of the circuit court.
744.3685 Order requiring guardianship report; contempt.
744.369 Judicial review of guardianship reports.
744.371 Relief to be granted.
744.3715 Petition for interim judicial review.
744.372 Judicial review of guardianships.
744.3725 Procedure for extraordinary authority.
744.373 Production of property.
744.3735 Annual appearance of the guardian.
744.374 Payments to guardian.
744.381 Appraisals.
744.384 Subsequently discovered or acquired property.
744.387 Settlement of claims.
744.391 Actions by and against guardian or ward.
744.394 Suspension of statutes of limitations in favor of guardian.
744.397 Application of income of property of ward.
744.421 Petition for support of ward’s dependents.
744.441 Powers of guardian upon court approval.
744.442 Delegation of authority.
744.444 Power of guardian without court approval.
744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
744.447 Petition for authorization to act.
744.451 Order.
744.454 Guardian forbidden to borrow or purchase; exceptions.
744.457 Conveyance of various property rights by guardians of the property.
744.461 Purchasers and lenders protected.
744.462 Determination regarding alternatives to guardianship.
(1) The guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian.
(2) The guardian shall act within the scope of the authority granted by the court and as provided by law.
(3) The guardian shall act in good faith.
(4) A guardian may not act in a manner that is contrary to the ward’s best interests under the circumstances.
(5) A guardian who has special skills or expertise, or is appointed in reliance upon the guardian’s representation that the guardian has special skills or expertise, shall use those special skills or expertise when acting on behalf of the ward.
(6) The guardian shall file an initial guardianship report in accordance with s. 744.362.
(7) The guardian shall file a guardianship report annually in accordance with s. 744.367.
(8) The guardian of the person shall implement the guardianship plan.
(9) When two or more guardians have been appointed, the guardians shall consult with each other.
(10) A guardian who is given authority over any property of the ward shall:
(a) Protect and preserve the property and invest it prudently as provided in chapter 518, apply it as provided in s. 744.397, and keep clear, distinct, and accurate records of the administration of the ward’s property.
(b) Perform all other duties required of him or her by law.
(c) At the termination of the guardianship, deliver the property of the ward to the person lawfully entitled to it.
(11) The guardian shall observe the standards in dealing with the guardianship property that would be observed by a prudent person dealing with the property of another.
(12) The guardian, if authorized by the court, shall take possession of all of the ward’s property and of the rents, income, issues, and profits from it, whether accruing before or after the guardian’s appointment, and of the proceeds arising from the sale, lease, or mortgage of the property or of any part. All of the property and the rents, income, issues, and profits from it are assets in the hands of the guardian for the payment of debts, taxes, claims, charges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward’s dependents, as provided for under the terms of the guardianship plan or by law.
(13) Recognizing that every individual has unique needs and abilities, a guardian who is given authority over a ward’s person shall, as appropriate under the circumstances:
(a) Consider the expressed desires of the ward as known by the guardian when making decisions that affect the ward.
(b) Allow the ward to maintain contact with family and friends unless the guardian believes that such contact may cause harm to the ward.
(c) Not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or another person from serious physical injury, illness, or disease.
(d) Assist the ward in developing or regaining capacity, if medically possible.
(e) Notify the court if the guardian believes that the ward has regained capacity and that one or more of the rights that have been removed should be restored to the ward.
(f) To the extent applicable, make provision for the medical, mental, rehabilitative, or personal care services for the welfare of the ward.
(g) To the extent applicable, acquire a clear understanding of the risks and benefits of a recommended course of health care treatment before making a health care decision.
(h) Evaluate the ward’s medical and health care options, financial resources, and desires when making residential decisions that are best suited for the current needs of the ward.
(i) Advocate on behalf of the ward in institutional and other residential settings and regarding access to home and community-based services.
(j) When not inconsistent with the person’s goals, needs, and preferences, acquire an understanding of the available residential options and give priority to home and other community-based services and settings.
(14) A professional guardian must ensure that each of the guardian’s wards is personally visited by the guardian or one of the guardian’s professional staff at least once each calendar quarter. During the personal visit, the guardian or the guardian’s professional staff person shall assess:
(d) The nature and extent of visitation and communication with the ward’s family and friends.
This subsection does not apply to a professional guardian who has been appointed only as guardian of the property.
History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 45, ch. 89-96; s. 29, ch. 90-271; s. 1084, ch. 97-102; s. 13, ch. 2006-178; s. 45, ch. 2006-217; s. 15, ch. 2015-83.
Note.—Created from former ss. 744.48, 744.49.
(1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan. The initial report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward. Either the ward or the ward’s attorney may request a hearing concerning the adequacy of the report.
(2) Review of the initial guardianship report and representation of the ward during an objection thereto, if any, shall be the appointed attorney’s final official action on behalf of the ward. Thereafter, the court-appointed attorney is no longer obligated to represent the ward.
History.—s. 46, ch. 89-96; s. 30, ch. 90-271; s. 24, ch. 92-200; s. 23, ch. 95-401; s. 1085, ch. 97-102.
(1) The initial guardianship plan shall include the following:
(a) The provision of medical, mental, or personal care services for the welfare of the ward;
(b) The provision of social and personal services for the welfare of the ward;
(c) The place and kind of residential setting best suited for the needs of the ward;
(d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward; and
(e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs.
(2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity.
(3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward.
(4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health.
(5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment.
(6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward.
(1) FILING.—A guardian of the property shall file a verified inventory of the ward’s property.
(2) CONTENTS.—The verified inventory must include the following:
(a) All property of the ward, real and personal, that has come into the guardian’s possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any claims against the property, any cause of action accruing to the ward, and any trusts of which the ward is a beneficiary.
(b) The location of the real and personal property in sufficient detail so that it may be clearly identified or located.
(c) A description of all sources of income, including, without limitation, social security benefits and pensions.
(3) CASH ASSETS.—Along with the verified inventory, the guardian must file a copy of the most current statement of all of the ward’s cash assets from all institutions where the cash is on deposit.
(4) SAFE-DEPOSIT BOX.—
(a) The initial opening of any safe-deposit box of the ward must be conducted in the presence of an employee of the institution where the box is located. The inventory of the contents of the box also must be conducted in the presence of the employee, who must verify the contents of the box by signing a copy of the inventory. This safe-deposit box inventory shall be filed with the court within 10 days after the box is opened.
(b) The guardian shall provide the ward with a copy of each signed safe-deposit box inventory unless the ward is a minor or has been adjudicated totally incapacitated or unless the order appointing the guardian states otherwise.
(c) Nothing may be removed from the ward’s safe-deposit box without specific court approval.
(5) RECORDS RETENTION.—
(a) The guardian shall maintain substantiating papers and records sufficient to demonstrate the accuracy of the initial inventory for a period of 3 years after her or his discharge. The substantiating papers need not be filed with the court but must be made available for inspection and review at such time and place and before such persons as the court may order.
(b) As part of the substantiating papers, the guardian must identify by name, address, and occupation, the witness or witnesses, if any, who were present during the initial inventory of the ward’s personal property.
(6) AUDIT FEE.—
(a) Where the value of the ward’s property exceeds $25,000, a guardian shall pay from the ward’s property to the clerk of the circuit court a fee of up to $85, upon the filing of the verified inventory, for the auditing of the inventory. Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.
(b) An audit fee may not be charged to any ward whose property has a value of less than $25,000.
History.—s. 49, ch. 89-96; s. 32, ch. 90-271; s. 1087, ch. 97-102; s. 115, ch. 2003-402; s. 77, ch. 2004-265; s. 14, ch. 2006-178; s. 40, ch. 2008-111.
(1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. If the court requires calendar-year filing, the guardianship plan must be filed on or before April 1 of each year. The latest annual guardianship plan approved by the court will remain in effect until the court approves a subsequent plan.
(2) Unless the court requires or authorizes filing on a fiscal-year basis, each guardian of the property shall file with the court an annual accounting on or before April 1 of each year. The annual accounting must cover the preceding calendar year. If the court authorizes or directs filing on a fiscal-year basis, the annual accounting must be filed on or before the first day of the fourth month after the end of the fiscal year.
(3) The annual guardianship report of a guardian of the property must consist of an annual accounting, and the annual report of a guardian of the person must consist of an annual guardianship plan. The annual report shall be served on the ward, unless the ward is a minor or is totally incapacitated, and on the attorney for the ward, if any. The guardian shall provide a copy to any other person as the court may direct.
(4) Unless the ward is a minor or has been determined to be totally incapacitated, the guardian shall review a copy of the annual report with the ward, to the extent possible. Within 30 days after the annual report has been filed, any interested person, including the ward, may file written objections to any element of the report, specifying the nature of the objection.
(5) If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.
(6) Notwithstanding any other requirement of this section or unless otherwise directed by the court, the guardian of the property may file the first annual accounting on either a fiscal-year or calendar-year basis. Unless the court directs otherwise, the guardian shall notify the court as to the guardian’s filing intention within 30 days from the date the guardian was issued the letter of guardianship. All subsequent annual accountings must be filed on the same accounting period as the first annual accounting unless the court authorizes or directs otherwise. The first accounting period must end within 1 year after the end of the month in which the letters of guardianship were issued to the guardian of the property.
History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96; s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch. 95-401; s. 10, ch. 96-354; s. 15, ch. 2006-178; s. 16, ch. 2015-83; s. 2, ch. 2017-16.
Note.—Created from former s. 744.482.
744.3675 Annual guardianship plan.—Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year.
(1) Each plan for an adult ward must, if applicable, include:
(a) Information concerning the residence of the ward, including:
1. The ward’s address at the time of filing the plan.
2. The name and address of each place where the ward was maintained during the preceding year.
3. The length of stay of the ward at each place.
4. A statement of whether the current residential setting is best suited for the current needs of the ward.
5. Plans for ensuring during the coming year that the ward is in the best residential setting to meet his or her needs.
(b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the ward, including:
1. A resume of any professional medical treatment given to the ward during the preceding year.
2. The report of a physician who examined the ward no more than 90 days before the beginning of the applicable reporting period. The report must contain an evaluation of the ward’s condition and a statement of the current level of capacity of the ward.
3. The plan for providing medical, mental health, and rehabilitative services in the coming year.
(c) Information concerning the social condition of the ward, including:
1. The social and personal services currently used by the ward.
2. The social skills of the ward, including a statement of how well the ward communicates and maintains interpersonal relationships.
3. The social needs of the ward.
(2) Each plan filed by the legal guardian of a minor must include:
(a) Information concerning the residence of the minor, including:
1. The minor’s address at the time of filing the plan.
2. The name and address of each place the minor lived during the preceding year.
(b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the minor, including:
1. A resume of any professional medical treatment given to the minor during the preceding year.
2. A report from the physician who examined the minor no more than 180 days before the beginning of the applicable reporting period that contains an evaluation of the minor’s physical and mental conditions.
3. The plan for providing medical services in the coming year.
(c) Information concerning the education of the minor, including:
1. A summary of the school progress report.
2. The social development of the minor, including a statement of how well the minor communicates and maintains interpersonal relationships.
3. The social needs of the minor.
(3) Each plan for an adult ward must address the issue of restoration of rights to the ward and include:
(a) A summary of activities during the preceding year that were designed to enhance the capacity of the ward.
(b) A statement of whether the ward can have any rights restored.
(c) A statement of whether restoration of any rights will be sought.
(4) The court, in its discretion, may require reexamination of the ward by a physician at any time.
History.—s. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s. 1786, ch. 97-102; s. 4, ch. 97-161; s. 16, ch. 2006-178.
(1) Each guardian of the property must file an annual accounting with the court.
(2) The annual accounting must include:
(a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of the accounting period. This paragraph does not apply to any property or any trust of which the ward is a beneficiary but which is not under the control or administration of the guardian.
(b) A copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited.
(3) The guardian must obtain a receipt, canceled check, or other proof of payment for all expenditures and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. The receipts, proofs of payment, and substantiating papers need not be filed with the court but shall be made available for inspection and review at the time and place and before the persons as the court may order.
(4) The guardian shall pay from the ward’s estate to the clerk of the circuit court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return, for the auditing of the return:
(a) For estates with a value of $25,000 or less the clerk of the court may charge a fee of up to $20.
(b) For estates with a value of more than $25,000 up to and including $100,000 the clerk of the court may charge a fee of up to $85.
(c) For estates with a value of more than $100,000 up to and including $500,000 the clerk of the court may charge a fee of up to $170.
(d) For estates with a value in excess of $500,000 the clerk of the court may charge a fee of up to $250.
Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for a waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.
(5) This section does not apply if the court determines that the ward receives income only from social security benefits and the guardian is the ward’s representative payee for the benefits.
History.—s. 52, ch. 89-96; ss. 35, 72, ch. 90-271; s. 1088, ch. 97-102; s. 116, ch. 2003-402; s. 13, ch. 2004-260; s. 78, ch. 2004-265; s. 139, ch. 2005-2; s. 17, ch. 2006-178; s. 41, ch. 2008-111.
(1) In a guardianship of property, when all assets of the estate are in designated depositories under s. 69.031 and the only transactions that occur in that account are interest accrual, deposits from a settlement, or financial institution service charges, the guardian may elect to file an accounting consisting of:
(a) The original or a certified copy of the year-end statement of the ward’s account from the financial institution; and
(b) A statement by the guardian under penalty of perjury that the guardian has custody and control of the ward’s property as shown in the year-end statement.
(2) The accounting allowed by subsection (1) is in lieu of the accounting and auditing procedures under s. 744.3678(2). However, any interested party may seek judicial review as provided in s. 744.3685.
(3) The guardian need not be represented by an attorney in order to file the annual accounting allowed by subsection (1).
History.—s. 1, ch. 93-102; s. 18, ch. 2006-178.
(1) In addition to the duty to serve as the custodian of the guardianship files, the clerk shall review each initial and annual guardianship report to ensure that it contains information about the ward addressing, as appropriate:
(a) Physical and mental health care;
(b) Personal and social services;
(c) The residential setting;
(d) The application of insurance, private benefits, and government benefits;
(e) The physical and mental health examinations; and
(f) The initial verified inventory or the annual accounting.
(2) The clerk shall, within 30 days after the date of filing of the initial or annual report of the guardian of the person, complete his or her review of the report.
(3) Within 90 days after the filing of the verified inventory and accountings by a guardian of the property, the clerk shall audit the verified inventory and the accountings. The clerk shall advise the court of the results of the audit.
(4) The clerk shall report to the court when a report is not timely filed.
(5) If the clerk has reason to believe further review is appropriate, the clerk may request and review records and documents that reasonably impact guardianship assets, including, but not limited to, the beginning inventory balance and any fees charged to the guardianship. As a part of this review, the clerk may conduct audits and may cause the initial and annual guardianship reports to be audited. The clerk shall advise the court of the results of any such audit. Any fee or cost incurred by the guardian in responding to the review or audit may not be paid or reimbursed by the ward’s assets if there is a finding of wrongdoing by the court.
(6) If a guardian fails to produce records and documents to the clerk upon request, the clerk may request the court to enter an order pursuant to s. 744.3685(2) by filing an affidavit that identifies the records and documents requested and shows good cause as to why the documents and records requested are needed to complete the audit.
(7) Upon application to the court supported by an affidavit pursuant to subsection (6), the clerk may issue subpoenas to nonparties to compel production of books, papers, and other documentary evidence. Before issuance of a subpoena by affidavit, the clerk must serve notice on the guardian and the ward, unless the ward is a minor or totally incapacitated, of the intent to serve subpoenas to nonparties.
(a) The clerk must attach the affidavit and the proposed subpoena to the notice to the guardian and, if appropriate, to the ward, and must:
1. State the time, place, and method for production of the documents or items, and the name and address of the person who is to produce the documents or items, if known, or, if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.
2. Include a designation of the items to be produced.
3. State that the person who will be asked to produce the documents or items has the right to object to the production under this section and that the person is not required to surrender the documents or items.
(b) A copy of the notice and proposed subpoena may not be furnished to the person upon whom the subpoena is to be served.
(c) If the guardian or ward serves an objection to production under this subsection within 10 days after service of the notice, the documents or items may not be required to be produced until resolution of the objection. If an objection is not made within 10 days after service of the notice, the clerk may issue the subpoena to the nonparty. The court may shorten the period within which a guardian or ward is required to file an objection upon a showing by the clerk by affidavit that the ward’s property is in imminent danger of being wasted, misappropriated, or lost unless immediate action is taken.
History.—s. 53, ch. 89-96; s. 36, ch. 90-271; s. 1089, ch. 97-102; s. 19, ch. 2006-178; s. 3, ch. 2014-124; s. 2, ch. 2018-68.
(1) If a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he may not be compelled to do so.
(2) If a guardian fails to comply with the submission of records and documents requested by the clerk during the audit, upon a showing of good cause by affidavit of the clerk which shows the reasons the records must be produced, the court may order the guardian to produce the records and documents within a period specified by the court unless the guardian shows good cause as to why the guardian may not be compelled to do so before the deadline specified by the court. The affidavit of the clerk shall be served with the order.
(3) A copy of an order entered pursuant to subsection (1) or subsection (2) shall be served on the guardian or on the guardian’s resident agent. If the guardian fails to comply with the order within the time specified by the order without good cause, the court may cite the guardian for contempt of court and may fine her or him. The fine may not be paid out of the ward’s property.
History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 70, ch. 89-96; s. 37, ch. 90-271; s. 1090, ch. 97-102; s. 4, ch. 2014-124.
(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.
(2) The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.
(3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.
(4) The court must review the initial and annual guardianship report to determine that the report:
(a) Meets the needs of the ward;
(b) Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and
(c) Conforms to all other requirements of the law.
(5) Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.
(6) If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.
(7) If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.
(8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.
History.—s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277; s. 96, ch. 2004-11; s. 17, ch. 2015-83.
(1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representative, the guardian and the guardian’s attorney, the guardian ad litem with regard to the settlement of the claim, the ward if he or she is at least 14 years of age and has not been determined to be totally incapacitated, the ward’s attorney, the minor if he or she is at least 14 years of age, or the attorney representing the minor with regard to the minor’s claim, or as otherwise provided by this chapter.
(2) The court may direct disclosure and recording of parts of an initial, annual, or final report or amendment thereto, or a court record relating to the settlement of a claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, in connection with a real property transaction or for such other purpose as the court allows.
(3) A court record relating to the settlement of a ward’s or minor’s claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except as specifically authorized.
(4) The clerk may disclose confidential information to the Department of Children and Families or law enforcement agencies for other purposes as provided by court order.
History.—s. 39, ch. 90-271; s. 1091, ch. 97-102; s. 1, ch. 2015-84; s. 3, ch. 2018-68.
744.371 Relief to be granted.—If it appears from the annual guardianship report that:
(1) The condition of the ward requires further examination;
(2) Any change in the proposed care, maintenance, or treatment is needed;
(3) The ward is qualified for restoration of some or all rights;
(4) The condition or maintenance of the ward requires the performance or doing of any other thing for the best interest of the ward which is not indicated in the plan; or
(5) There is any other matter necessary to protect the interests of the ward,
the court shall, after a hearing with appropriate notice, amend the plan or enter any other order necessary to protect the ward.
History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 55, ch. 89-96; s. 40, ch. 90-271.
(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is denying visitation between the ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian’s action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.
(2) If the petition for review is found to be without merit, the court may assess costs and attorney’s fees against the petitioner.
History.—s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102; s. 18, ch. 2015-83.
744.372 Judicial review of guardianships.—The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:
(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;
(2) If interim review has been requested under s. 744.3715;
(3) If a person, including the ward, has filed a suggestion of increased capacity; or
(4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order.
744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:
(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;
(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;
(3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;
(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and
(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.
The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.
History.—s. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16.
744.373 Production of property.—On the petition of a creditor or other interested person, including the ward, or on its own motion, the court may require a guardian of the property to produce satisfactory evidence that the property of the ward for which the guardian is responsible is in the guardian’s possession or under her or his control. If it deems it necessary or proper, the court may order the guardian to produce the property for the inspection of the creditor, another interested person, the ward, or the court.
History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 71, ch. 89-96; s. 44, ch. 90-271; s. 1094, ch. 97-102.
744.3735 Annual appearance of the guardian.—The court may require the guardian to appear before the court at the time the guardian files the annual guardianship report or at such other time as the court determines, in order for the court to inquire as to any matter relating to the well-being of the ward.
History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 11, ch. 79-221; s. 72, ch. 89-96.
744.374 Payments to guardian.—If there is more than one guardian, either guardian may petition for an order directing the guardian of the property to pay to the guardian of the person periodic amounts for the support, care, maintenance, education, and other needs of the ward if not otherwise provided for in the guardianship plan. The amount may be increased or decreased from time to time. If an order is entered, the receipt of the guardian for payments made shall be a sufficient discharge of the guardian who makes the payments. The guardian shall not be bound to see to the application of the payments.
History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 59, ch. 89-96; s. 45, ch. 90-271; s. 1095, ch. 97-102.
744.381 Appraisals.—When the court deems it necessary, appraisers may be appointed to appraise the property of the ward that is subject to the guardianship.
History.—s. 1, ch. 74-106; s. 61, ch. 89-96; s. 46, ch. 90-271.
(1) If a plenary guardian of the property of the ward learns of any property that is not included in previous inventories, the property shall be inventoried within 30 days after the discovery or acquisition.
(2) If a limited guardian of the property of the ward learns of any property that was not known to the court at the time of his or her appointment, he or she shall file a report of such property with the court. Upon petition by the guardian, ward, or other interested person, the court, after hearing with appropriate notice, may direct the guardian to take custody and control of such property, without further adjudicatory proceeding under s. 744.331.
(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.
(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.
(3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.
(b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.
(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.
History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.
744.391 Actions by and against guardian or ward.—If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.
History.—s. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097, ch. 97-102.
744.394 Suspension of statutes of limitations in favor of guardian.—If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the cause of the action survives, the action may be commenced by the guardian of the property after such expiration and within 1 year from the date of the order appointing the guardian or the time otherwise limited by law, whichever is longer.
(1) The court may authorize the guardian of the property to apply the ward’s income, first to the ward’s care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time.
(2) The word “dependents,” as used in subsection (1) means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, including, but not limited to, such persons as the indigent spouse of the ward, based upon the showing of an existing need and an ability of the estate of the ward to pay for, provide, or furnish the aid, assistance, maintenance, or care without unreasonably jeopardizing the care, support, and maintenance of the ward.
(3) If the ward is a minor and the ward’s parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court.
744.421 Petition for support of ward’s dependents.—Any person dependent on the ward for support may petition for an order directing the guardian of the property to contribute to the support of the dependent person from the property of the ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship. The grant or denial of an order for support shall not preclude a further petition for increase, decrease, modification, or termination of allowance for support by either the petitioner or the guardian. The order for support shall be valid for payments made pursuant to it, but no valid payments can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order. If the property of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian by the United States Department of Veterans Affairs, notice of the petition for support shall be given by the petitioner to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located and the chief attorney for the Department of Veterans’ Affairs in this state at least 15 days before the hearing on the petition. The court may not authorize payments from the ward’s property unless the ward has been adjudicated incapacitated to handle such property in accordance with s. 744.331; except in a voluntary guardianship, in which case such petition may be granted only upon the written consent of the ward.
History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 1, ch. 77-174; s. 1, ch. 78-305; s. 80, ch. 81-167; s. 84, ch. 83-55; s. 30, ch. 88-290; s. 67, ch. 89-96; s. 51, ch. 90-271; s. 37, ch. 93-268.
744.441 Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may:
(1) Perform, compromise, or refuse performance of a ward’s contracts that continue as obligations of the estate, as he or she may determine under the circumstances.
(2) Execute, exercise, or release any powers as trustee, personal representative, custodian for minors, conservator, or donee of any power of appointment or other power that the ward might have lawfully exercised, consummated, or executed if not incapacitated, if the best interest of the ward requires such execution, exercise, or release.
(3) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish any improvements; or raze existing, or erect new, party walls or buildings.
(4) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving consideration; or dedicate easements to public use without consideration.
(5) Enter into a lease as lessor or lessee for any purpose, with or without option to purchase or renew, for a term within, or extending beyond, the period of guardianship.
(6) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.
(7) Abandon property when, in the opinion of the guardian, it is valueless or is so encumbered or in such condition that it is of no benefit to the estate.
(8) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities.
(9) Borrow money, with or without security, to be repaid from the property or otherwise and advance money for the protection of the estate.
(10) Effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate.
(11) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the guardian in the performance of his or her duties. Before authorizing a guardian to bring an action described in s. 736.0207, the court shall first find that the action appears to be in the ward’s best interests during the ward’s probable lifetime. There shall be a rebuttable presumption that an action challenging the ward’s revocation of all or part of a trust is not in the ward’s best interests if the revocation relates solely to a devise. This subsection does not preclude a challenge after the ward’s death. If the court denies a request that a guardian be authorized to bring an action described in s. 736.0207, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.
(12) Sell, mortgage, or lease any real or personal property of the estate, including homestead property, or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances.
(13) Continue any unincorporated business or venture in which the ward was engaged.
(14) Purchase the entire fee simple title to real estate in this state in which the guardian has no interest, but the purchase may be made only for a home for the ward, to protect the home of the ward or the ward’s interest, or as a home for the ward’s dependent family. If the ward is a married person and the home of the ward or of the dependent family of the ward is owned by the ward and spouse as an estate by the entirety and the home is sold pursuant to the authority of subsection (12), the court may authorize the investment of any part or all of the proceeds from the sale toward the purchase of a fee simple title to real estate in this state for a home for the ward or the dependent family of the ward as an estate by the entirety owned by the ward and spouse. If the guardian is authorized to acquire title to real estate for the ward or dependent family of the ward as an estate by the entirety in accordance with the preceding provisions, the conveyance shall be in the name of the ward and spouse and shall be effective to create an estate by the entirety in the ward and spouse.
(15) Exercise any option contained in any policy of insurance payable to, or inuring to the benefit of, the ward.
(16) Pay reasonable funeral, interment, and grave marker expenses for the ward from the ward’s estate.
(17) Make gifts of the ward’s property to members of the ward’s family in estate and income tax planning procedures.
(18) When the ward’s will evinces an objective to obtain a United States estate tax charitable deduction by use of a split interest trust (as that term is defined in s. 736.1201), but the maximum charitable deduction otherwise allowable will not be achieved in whole or in part, execute a codicil on the ward’s behalf amending said will to obtain the maximum charitable deduction allowable without diminishing the aggregate value of the benefits of any beneficiary under such will.
(19) Create or amend revocable trusts or create irrevocable trusts of property of the ward’s estate which may extend beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or in connection with estate planning. The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court.
(20) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.
(21) Enter into contracts that are appropriate for, and in the best interest of, the ward.
(22) As to a minor ward, pay expenses of the ward’s support, health, maintenance, and education, if the ward’s parents, or either of them, are alive.
History.—s. 1, ch. 74-106; ss. 22, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 77-328; s. 281, ch. 79-400; s. 4, ch. 80-203; s. 3, ch. 86-120; s. 2, ch. 87-317; s. 73, ch. 89-96; s. 52, ch. 90-271; s. 1100, ch. 97-102; s. 11, ch. 97-240; s. 5, ch. 2006-77; s. 20, ch. 2006-178; s. 46, ch. 2006-217; s. 12, ch. 2011-183; s. 4, ch. 2017-16.
Note.—Created from former ss. 744.501, 745.03(2) and (3), 745.20, 745.23.
(1) A guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. A person designated as a surrogate guardian under this section must be a professional guardian.
(2)(a) A guardian must file a petition with the court requesting permission to designate a surrogate guardian.
(b) If the court approves the designation, the order must specify the name and business address of the surrogate guardian and the duration of appointment, which may not exceed 30 days. The court may extend the appointment for good cause shown. The surrogate guardian may exercise all powers of the guardian unless limited by order of the court. The surrogate guardian must file with the court an oath swearing or affirming that he or she will faithfully perform the duties delegated. The court may require the surrogate guardian to post a bond.
(3) This section does not limit the responsibility of the guardian to the ward and to the court. The guardian is liable for the acts of the surrogate guardian. The guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court.
(4) The surrogate guardian is subject to the jurisdiction of the court as if appointed to serve as guardian.
744.444 Power of guardian without court approval.—Without obtaining court approval, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may:
(1) Retain assets owned by the ward.
(2) Receive assets from fiduciaries or other sources.
(3) Vote stocks or other securities in person or by general or limited proxy or not vote stocks or other securities.
(4) Insure the assets of the estate against damage, loss, and liability and insure himself or herself against liability as to third persons.
(5) Execute and deliver in his or her name as guardian any instrument necessary or proper to carry out and give effect to this section.
(6) Pay taxes and assessments on the ward’s property.
(7) Pay valid encumbrances against the ward’s property in accordance with their terms, but no prepayment may be made without prior court approval.
(8) Pay reasonable living expenses for the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. This subsection does not authorize the guardian of a minor to expend funds for the ward’s living expenses if one or both of the ward’s parents are alive.
(9) Elect to dissent from a will under s. 732.2125(2), seek approval to make an election in accordance with s. 732.401, or assert any other right or choice available to a surviving spouse in the administration of a decedent’s estate.
(10) Deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, money market mutual funds, or other prudent investments. The guardian may redeem or sell such deposits or investments to pay the reasonable living expenses of the ward as provided herein.
(11) Pay incidental expenses in the administration of the estate.
(12) Sell or exercise stock subscription or conversion rights and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.
(13) When reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties.
(14) Execute and deliver in his or her name as guardian any instrument that is necessary or proper to carry out the orders of the court.
(15) Hold a security in the name of a nominee or in other form without disclosure of the interest of the ward, but the guardian is liable for any act of the nominee in connection with the security so held.
(16) Pay or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject to obtaining court approval of the annual accounting.
(17) Provide confidential information about a ward which is related to an investigation arising under s. 744.368 to the clerk, part II of this chapter to an Office of Public and Professional Guardians investigator, or part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such clerk, Office of Public and Professional Guardians investigator, or ombudsman shall have a duty to maintain the confidentiality of such information.
History.—s. 1, ch. 74-106; ss. 23, 26, ch. 75-222; s. 3, ch. 77-328; s. 282, ch. 79-400; s. 5, ch. 84-31; s. 74, ch. 89-96; s. 53, ch. 90-271; s. 1101, ch. 97-102; s. 8, ch. 2000-155; s. 12, ch. 2003-57; s. 18, ch. 2010-132; s. 4, ch. 2018-68.
(1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration for fees and expenses provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts with the proper discharge of the guardian’s duties.
(2) Unless prior approval is obtained by court order, or unless such relationship existed prior to appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a guardian may not:
(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship;
(b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward;
(c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward prior to adjudication of incapacity of the ward; and
(d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business entity of which the guardian or the guardian’s spouse or any of the guardian’s lineal descendants, or collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any financial interest.
(3) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward’s estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available.
(4) In the event of a breach by the guardian of the guardian’s fiduciary duty, the court shall take those necessary actions to protect the ward and the ward’s assets.
History.—s. 75, ch. 89-96; s. 54, ch. 90-271; s. 1102, ch. 97-102; s. 6, ch. 2002-195.
(1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage, or other contract. The application must state whether it conforms to the general terms of the guardianship report and whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised.
(2) No notice of a petition to authorize a sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under s. 744.441 or s. 744.446 shall be given to the ward, to the next of kin, if any, and to those interested persons who have filed requests for notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. Notice need not be given to a ward who is under 14 years of age or who has been determined to be totally incapacitated.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 12, ch. 79-221; s. 76, ch. 89-96; s. 55, ch. 90-271.
(1) If a sale or mortgage is authorized, the order shall describe the property, and
(a) If the property is authorized for sale at private sale, the order shall fix the price and the terms of sale.
(b) If the sale is to be public, the order shall state that the sale shall be made to the highest bidder and the court reserves the right to reject all bids.
(2) An order for any other act permitted under s. 744.441 or s. 744.446 shall describe the permitted act and authorize the guardian to perform it.
744.454 Guardian forbidden to borrow or purchase; exceptions.—A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if:
(1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or
(2) The property is sold at public sale and the guardian is a spouse, parent, child, brother, or sister of the ward or a cotenant of the ward in the property to be sold.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 1, ch. 77-174; s. 78, ch. 89-96; s. 2, ch. 96-184; s. 12, ch. 96-354; s. 1787, ch. 97-102; s. 5, ch. 97-161.
(1)(a) All legal or equitable interests in property owned as an estate by the entirety by an incapacitated person for whom a guardian of the property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447, if the spouse who is not incapacitated joins in the sale, transfer, conveyance, or mortgage of the property. When both spouses are incapacitated, the sale, transfer, conveyance, or mortgage shall be by the guardians only. The sale, transfer, conveyance, or mortgage may be accomplished by one instrument or by separate instruments.
(b) In ordering or approving the sale and conveyance of the real or personal property owned by the ward and the ward’s spouse as an estate by the entirety or as joint tenants with right of survivorship, the court may provide that one-half of the net proceeds of the sale shall go to the guardian of the ward and the other one-half to the ward’s spouse, or the court may provide for the proceeds of the sale to retain the same character as to survivorship as the original asset.
(c) The guardian of the property shall collect all payments coming due on intangible property, such as notes and mortgages and other securities, and shall retain one-half of all principal and interest payments so collected and shall pay the other one-half of the collections to the spouse who is not incapacitated. If both spouses are incapacitated, the guardian of either shall collect the payments, retain one-half of the principal and interest payments, and pay the other one-half to the guardian of the other spouse.
(d) The spouse of the incapacitated person shall collect all payments of rents on real estate held as an estate by the entirety and, after paying all charges against the property, such as taxes, insurance, maintenance, and repairs, shall retain one-half of the net rents so collected and pay the other one-half to the guardian of the spouse who is incapacitated. If both spouses are incapacitated, the guardian of the property of either may collect the rent, pay the charges, retain one-half of the net rent, and pay the other one-half to the guardian of the other spouse.
(2) In determining the value of life estates or remainder interests, the American Experience Mortality Tables may be used.
(3) Nothing in this section shall prohibit the court in its discretion from appointing a sole guardian to serve as guardian for both spouses.
(4) Any contingent or expectant interest in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety, may be conveyed or released in accordance with s. 744.447.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 13, ch. 79-221; s. 3, ch. 87-317; s. 79, ch. 89-96; s. 56, ch. 90-271; s. 1103, ch. 97-102.
744.461 Purchasers and lenders protected.—No person purchasing or leasing from, or taking a mortgage, pledge, or other lien from, a guardian shall be bound to see that the money or other things of value paid to the guardian are actually needed or properly applied. The person is not otherwise bound as to the proprieties or expediencies of the acts of the guardian.
744.462 Determination regarding alternatives to guardianship.—Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding by the guardian of the property. If the instrument has been judicially determined to be valid or if, after the appointment of a guardian, a petition is filed alleging that there is an alternative to guardianship which will sufficiently address the problems of the ward, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.
History.—s. 6, ch. 2006-77; s. 47, ch. 2006-217.
744.464 Restoration to capacity.
744.467 Resignation of guardian.
744.471 Appointment of successor.
744.474 Reasons for removal of guardian.
744.477 Proceedings for removal of a guardian.
744.511 Accounting upon removal.
744.514 Surrender of property upon removal.
744.517 Proceedings for contempt.
744.521 Termination of guardianship.
744.524 Termination of guardianship on change of domicile of resident ward.
744.527 Final reports and application for discharge; hearing.
744.528 Discharge of guardian named as personal representative.
744.531 Order of discharge.
744.534 Disposition of unclaimed funds held by guardian.
(1) VENUE.—A suggestion of capacity must be filed with the court in which the guardianship is pending.
(2) SUGGESTION OF CAPACITY.—
(a) Any interested person, including the ward, may file a suggestion of capacity. The suggestion of capacity must state that the ward is currently capable of exercising some or all of the rights which were removed.
(b) Upon the filing of the suggestion of capacity, the court shall immediately appoint a physician to examine the ward. The physician must examine the ward and file his or her report with the court within 20 days after the appointment.
(c) The court shall immediately send notice of the filing of the suggestion of capacity to the ward, the guardian, the attorney for the ward, if any, and any other interested persons designated by the court. Formal notice must be served on the guardian. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion of capacity.
(d) Any objections to the suggestion of capacity must be filed within 20 days after service of the notice.
(e) If an objection is timely filed, or if the medical examination suggests that full restoration is not appropriate, the court shall set the matter for hearing. If the ward does not have an attorney, the court shall appoint one to represent the ward.
(f) Notice of the hearing and copies of the objections and medical examination reports shall be served upon the ward, the ward’s attorney, the guardian, the ward’s next of kin, and any other interested persons as directed by the court.
(3) ORDER OF RESTORATION.—
(a) If no objections are filed, and the court is satisfied that the medical examination establishes by a preponderance of the evidence that restoration of all or some of the ward’s rights is appropriate, the court shall enter an order of restoration of capacity, restoring all or some of the rights which were removed from the ward in accordance with those findings.
(b) At the conclusion of a hearing, conducted pursuant to s. 744.1095, the court shall make specific findings of fact and, based on a preponderance of the evidence, enter an order either denying the suggestion of capacity or restoring all or some of the rights which were removed from the ward. The ward has the burden of proving by a preponderance of the evidence that the restoration of capacity is warranted.
(c) If only some rights are restored to the ward, the order must state which rights are restored, and the guardian shall prepare a new guardianship report which addresses only the remaining rights retained by the guardian. The guardian must file a copy of the new report with the court within 60 days after the entry of the order.
(4) TIMELINESS OF HEARING.—The court shall give priority to any suggestion of capacity and shall advance the cause on the calendar.
History.—ss. 10, 26, ch. 75-222; s. 1, ch. 77-174; s. 81, ch. 89-96; s. 57, ch. 90-271; s. 1104, ch. 97-102; s. 22, ch. 2006-178; s. 19, ch. 2015-83.
744.467 Resignation of guardian.—A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian’s surety from any liability previously incurred.
History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 82, ch. 89-96; s. 58, ch. 90-271; s. 1105, ch. 97-102.
744.471 Appointment of successor.—A successor guardian must be appointed and duly qualified before a guardian shall be relieved of his or her duties and obligations as provided in s. 744.467. A successor guardian shall be appointed if a guardian dies, becomes incapacitated, or is removed. Successor guardians are governed by the laws concerning guardianships.
History.—s. 1, ch. 74-106; s. 83, ch. 89-96; s. 26, ch. 95-401; s. 1106, ch. 97-102.
744.474 Reasons for removal of guardian.—A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
(1) Fraud in obtaining her or his appointment.
(2) Failure to discharge her or his duties.
(3) Abuse of her or his powers.
(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
(5) Failure to comply with any order of the court.
(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required.
(7) The wasting, embezzlement, or other mismanagement of the ward’s property.
(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
(9) Conviction of a felony.
(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
(11) Development of a conflict of interest between the ward and the guardian.
(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction.
(13) A material failure to comply with the guardianship report by the guardian.
(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.
(15) A failure to fulfill the guardianship education requirements.
(16) The improper management of the ward’s assets.
(17) A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).
(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies.
(20) Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward.
(21) A bad faith failure to submit guardianship records during the audit pursuant to s. 744.368.
History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349; s. 32, ch. 2004-267; s. 23, ch. 2006-178; s. 54, ch. 2010-114; s. 5, ch. 2014-124.
744.477 Proceedings for removal of a guardian.—Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence.
744.511 Accounting upon removal.—A removed guardian shall file with the court a true, complete, and final report of his or her guardianship within 20 days after removal and shall serve a copy on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated.
History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 86, ch. 89-96; s. 60, ch. 90-271; s. 1107, ch. 97-102; s. 24, ch. 2006-178.
744.514 Surrender of property upon removal.—The successor guardian shall demand of the removed guardian or her or his heirs, personal representative, or surety all the property of the ward and copies of all records of the ward. The removed guardian or her or his heirs, personal representative, or surety shall turn over the items to her or his duly qualified successor.
744.517 Proceedings for contempt.—If a removed guardian of the property fails to file a true, complete, and final accounting of his or her guardianship; to turn over to his or her successor or to the ward all the property of his or her ward and copies of all records that are in his or her control and that concern the ward; or to pay over to the successor guardian of the property or to the ward all money due the ward by him or her, the court shall issue a show cause order. If cause is shown for the default, the court shall set a reasonable time within which to comply, and, on failure to comply with this or any subsequent order, the removed guardian may be held in contempt. Proceedings for contempt may be instituted by the court, by any interested person, including the ward, or by a successor guardian.
744.521 Termination of guardianship.—When a ward becomes sui juris or is restored to capacity, when the guardian has been unable to locate the ward through diligent search, or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall file a final report and receive his or her discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the ward’s death certificate. The court may require proof of the removal of incapacity.
744.524 Termination of guardianship on change of domicile of resident ward.—When the domicile of a resident ward has changed as provided in s. 744.1098, and the foreign court having jurisdiction over the ward at the ward’s new domicile has appointed a guardian and that guardian has qualified and posted a bond in an amount required by the foreign court, the guardian in this state may file her or his final report and close the guardianship in this state. The guardian of the property in this state shall cause a notice to be published once a week for 2 consecutive weeks, in a newspaper of general circulation published in the county, that she or he has filed her or his accounting and will apply for discharge on a day certain and that jurisdiction of the ward will be transferred to the state of foreign jurisdiction. If an objection is filed to the termination of the guardianship in this state, the court shall hear the objection and enter an order either sustaining or overruling the objection. Upon the disposition of all objections filed, or if no objection is filed, final settlement shall be made by the Florida guardian. On proof that the remaining property in the guardianship has been received by the foreign guardian, the guardian of the property in this state shall be discharged. The entry of the order terminating the guardianship in this state shall not exonerate the guardian or the guardian’s surety from any liability previously incurred.
History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 90, ch. 89-96; s. 64, ch. 90-271; s. 1111, ch. 97-102; s. 37, ch. 2016-40.
(1) When the court terminates the guardianship for any of the reasons set forth in s. 744.521, the guardian shall promptly file his or her final report. If the ward has died, the guardian must file a final report with the court no later than 45 days after he or she has been served with letters of administration or letters of curatorship. If no objections are filed and if it appears that the guardian has made full and complete distribution to the person entitled and has otherwise faithfully discharged his or her duties, the court shall approve the final report. If objections are filed, the court shall conduct a hearing in the same manner as provided for a hearing on objections to annual guardianship reports.
(2) The guardian applying for discharge may retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees regardless of the death of the ward, accruing between the filing of his or her final returns and the order of discharge.
(1) A guardian authorized to manage property, who is subsequently appointed personal representative, must serve a copy of the guardian’s final report and petition for discharge upon the beneficiaries of the ward’s estate who will be affected by the report.
(2) All such beneficiaries shall have 30 days to file objections to the final report and petition for discharge.
(3) Any interested person may file a notice of a hearing on any objections filed by the beneficiaries. Notice of the hearing must be served upon the guardian, beneficiaries of the ward’s estate, and any other person to whom the court directs service. If a notice of hearing on the objections is not served within 90 days after filing of the objections, the objections are deemed abandoned.
(4) The guardian may not be discharged until:
(a) All objections have been judicially resolved;
(b) The report of the guardian is approved by the court; and
(c) In the case of a guardian of the property, all property has been distributed to the ward’s estate or the persons entitled to it.
History.—s. 92, ch. 89-96; s. 66, ch. 90-271; s. 26, ch. 2006-178.
744.531 Order of discharge.—If the court is satisfied that the guardian has faithfully discharged her or his duties, has rendered a complete and accurate final report, and, in the case of a guardian of the property, has delivered the property of the ward to the person entitled, and that the interest of the ward is protected, the court shall enter an order of discharge. The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian or the guardian’s surety unless the action is commenced within 3 years after the date of the order.
(1) In all cases in which it is appropriate for the guardianship to terminate due to the ward’s death and in which property in the hands of the guardian cannot be distributed because no estate proceeding has been instituted, the guardian of the property shall be considered an interested person pursuant to s. 733.202 and may, after a reasonable time, institute such a proceeding. In the alternative, the guardian may follow the procedures set forth in subsection (2).
(2)(a) In those cases in which it is appropriate for the guardianship to terminate pursuant to s. 744.521 and in which property in the hands of a guardian cannot be distributed to the ward or the ward’s estate solely because the guardian is unable to locate the ward through diligent search, the court shall order the guardian of the property to sell the property of the ward and deposit the proceeds and cash already on hand after retaining those amounts provided for in paragraph (e) with the clerk of the court exercising jurisdiction over the guardianship and receive a receipt. The clerk shall deposit the funds in the registry of the court, to be disposed of as follows:
1. If the value of the funds is $50 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the ward, and other pertinent information that will put interested persons on notice.
2. If the value of the funds is over $50, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county.
3. After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting his or her fees and the costs of publication.
(b) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of public guardianship. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments by the Chief Financial Officer in obedience to court orders entered as provided by paragraph (c).
(c) Within 5 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of his or her right to them, any person entitled to the funds, before or after payment to the Chief Financial Officer and deposit as provided for in paragraph (a), may obtain a court order directing the payment of the funds to him or her. All funds deposited with the Chief Financial Officer and not claimed within 5 years from the date of deposit shall escheat to the state to be deposited in the Department of Elderly Affairs Administrative Trust Fund to be used solely for the benefit of public guardianship as determined by the Secretary of Elderly Affairs.
(d) Upon depositing the funds with the clerk, the guardian of the property may proceed with the filing of his or her final return and application for discharge under s. 744.527.
(e) The guardian depositing assets with the clerk is permitted to retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any surplus funds so retained must be deposited with the clerk prior to discharge of the guardian of the property.
History.—s. 5, ch. 86-120; s. 94, ch. 89-96; s. 68, ch. 90-271; s. 1114, ch. 97-102; s. 7, ch. 2002-195; s. 13, ch. 2003-57; s. 1898, ch. 2003-261.
744.602 Short title; scope of part.
744.607 Secretary of Veterans Affairs as party in interest.
744.609 Procedure for commitment of veteran to United States Department of Veterans Affairs hospital.
744.613 Appointment of guardian for ward authorized.
744.616 Petition for appointment of guardian.
744.617 Notice by court of petition filed for appointment of guardian.
744.618 Persons who may be appointed guardian.
744.621 Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions.
744.622 Guardian empowered to receive moneys due ward from the United States Government.
744.624 Guardian’s application of estate funds for support and maintenance of person other than ward.
744.625 Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran.
744.626 Exemption of benefits from claims of creditors.
744.627 Investment of funds of estate by guardian.
744.631 Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties.
744.634 Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account.
744.637 Certified copies of public records made available.
744.638 Clerk of the circuit court; fees; duties.
744.639 Attorney’s fee.
744.641 Guardian’s compensation; bond premiums.
744.643 Discharge of guardian of minor or incompetent ward.
744.646 Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs.
744.649 Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian.
744.652 Construction and application of part.
744.653 Annual guardianship report.
(1) This part shall be known and may be cited as the “Veterans’ Guardianship Law.”
(2) The application of this part is limited to veterans and other persons who are entitled to receive benefits from the United States Department of Veterans Affairs. This part is not intended to replace the general law relating to guardianship except insofar as this part is inconsistent with the general law relating to guardianship; in which event, this part and the general law relating to guardianship shall be read together, with any conflict between this part and the general law of guardianship to be resolved by giving effect to this part.
History.—s. 18, ch. 14579, 1929; CGL 1936 Supp. 2146(1); s. 1, ch. 84-62; s. 38, ch. 93-268.
Note.—Former s. 293.01.
(1) “Adjudication by a court of competent jurisdiction” means a judicial decision or finding that a person is or is not incapacitated as provided in s. 744.331.
(2) “Adjudication by the United States Department of Veterans Affairs” means a determination or finding that a person is competent or incompetent on examination in accordance with the laws and regulations governing the United States Department of Veterans Affairs.
(3) “Secretary” means the Secretary of Veterans Affairs as head of the United States Department of Veterans Affairs or her or his successor.
(4) “Benefits” means arrears of pay, bonus, pension, compensation, insurance, and all other moneys paid or payable by the United States through the United States Department of Veterans Affairs by reason of service in the Armed Forces of the United States.
(5) “Estate” means income on hand and assets acquired in whole or in part with income.
(6) “Guardian” means any person acting as a fiduciary for a ward’s person or the ward’s estate, or both.
(7) “Income” means moneys received from the United States Department of Veterans Affairs as benefits, and revenue or profit from any property acquired in whole or in part with such moneys.
(8) “Person” means an individual, a partnership, a corporation, or an association.
(9) “United States Department of Veterans Affairs” means the United States Department of Veterans Affairs or its predecessors or successors.
(10) “Ward” means a beneficiary of the United States Department of Veterans Affairs.
History.—s. 1, ch. 14579, 1929; CGL 1936 Supp. 2146(2); s. 1, ch. 73-304; s. 2, ch. 84-62; s. 95, ch. 89-96; s. 39, ch. 93-268; s. 1115, ch. 97-102.
744.607 Secretary of Veterans Affairs as party in interest.—The Secretary of Veterans Affairs shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the United States Department of Veterans Affairs. Not less than 15 days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which any such suit or any such proceeding is pending.
History.—s. 3, ch. 21795, 1943; s. 3, ch. 84-62; s. 40, ch. 93-268.
744.609 Procedure for commitment of veteran to United States Department of Veterans Affairs hospital.—The procedure for the placement into a United States Department of Veterans Affairs hospital of a ward hereunder shall be the procedure prescribed in s. 394.4672.
(1) Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, the secretary requires, prior to the payment of benefits, that a guardian be appointed for a ward, the appointment may be made in the manner hereinafter provided.
(2) When a petition is filed for the appointment of a guardian of a minor ward, a certificate of the secretary or the secretary’s authorized representative setting forth the age of such minor, as shown by the records of the United States Department of Veterans Affairs, and a statement that the appointment of a guardian is a condition precedent to the payment of any moneys due to the minor by the United States Department of Veterans Affairs are prima facie evidence of the necessity for such appointment.
(3) When a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the secretary or the secretary’s authorized representative, setting forth the fact that the person has been found incompetent and has been rated incompetent by the United States Department of Veterans Affairs, on examination in accordance with the laws and regulations governing the United States Department of Veterans Affairs, and that the appointment of a guardian is a condition precedent to the payment of any moneys due to such person by the United States Department of Veterans Affairs, is prima facie evidence of the necessity for such appointment.
History.—ss. 2, 5, 6, ch. 14579, 1929; CGL 1936 Supp. 2146(3), (6), (7); s. 1, ch. 73-304; s. 5, ch. 84-62; s. 42, ch. 93-268; s. 1116, ch. 97-102.
Note.—Consolidation of former ss. 293.03, 293.06, 293.07.
(1) A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by, or on behalf of, any person who under existing law is entitled to priority of appointment. If no person is so entitled, or if the person so entitled neglects or refuses to file such a petition within 30 days after the mailing of notice by the United States Department of Veterans Affairs to the last known address of such person, indicating the necessity for filing the petition, a petition for such appointment may be filed in any court of competent jurisdiction by, or on behalf of, any responsible person residing in this state.
(2)(a) The petition for appointment shall set forth:
1. The name, age, and place of residence of the ward;
2. The names and places of residence of the nearest relative, if known;
3. The fact that the ward is entitled to receive moneys payable by or through the United States Department of Veterans Affairs;
4. The amount of moneys then due and the amount of probable future payments;
5. The name and address of the person or institution, if any, having actual custody of the ward; and
6. The name, age, relationship, if any, occupation, and address of the proposed guardian.
(b) In the case of a mentally incompetent ward, the petition shall show that the ward has been found incompetent and has been rated incompetent on examination by the United States Department of Veterans Affairs, in accordance with the laws and regulations governing the United States Department of Veterans Affairs.
History.—s. 4, ch. 14579, 1929; CGL 1936 Supp. 2146(5); s. 1, ch. 73-304; s. 6, ch. 84-62; s. 43, ch. 93-268.
(1) When a petition for the appointment of a guardian has been filed pursuant to s. 744.616, the court shall cause such notice to be given as provided by the general guardianship law. In addition, notice of the petition shall be given to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located.
(2) A copy of the petition provided for in s. 744.616 shall be mailed by the clerk of the court to the person or persons for whom a guardian is to be appointed, the clerk of court mailing the copy of the petition to the last known address of such person or persons not less than 5 days prior to the date set for the hearing of the petition by the court.
History.—s. 2, ch. 11906, 1927; s. 7, ch. 14579, 1929; CGL 2134; CGL 1936 Supp. 2146(8); s. 7, ch. 84-62; s. 44, ch. 93-268.
Note.—Consolidation of former ss. 293.08, 294.03.
(1) Notwithstanding any law with respect to priority of persons entitled to appointment, or nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines that the appointment of the other individual or bank or trust company would be in the best interest of the ward.
(2) It is unlawful for a circuit judge to appoint either herself or himself, or a member of her or his family, as guardian for any person entitled to the benefits provided for in 38 U.S.C., as amended, except in a case when the person entitled to such benefits is a member of the family of the circuit judge involved.
History.—s. 4, ch. 11906, 1927; CGL 2136; s. 24, ch. 73-334; s. 6, ch. 84-62; s. 1117, ch. 97-102.
744.619 Bond of guardian.—When the appointment of a guardian is made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum of the amount of moneys then due to the ward and the amount of moneys estimated to become payable during the ensuing year. The bond shall be in the form, and shall be conditioned, as required of guardians appointed under the general guardianship laws of this state. The court has the power to require, from time to time, the guardian to file an additional bond.
History.—s. 8, ch. 14579, 1929; CGL 1936 Supp. 2146(9); s. 7, ch. 84-62.
744.621 Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions.—Every guardian shall, within 30 days after his or her qualification and whenever subsequently required by the circuit judge, file in the circuit court a complete inventory of all the ward’s personal property in his or her hands and, also, a schedule of all real estate in the state belonging to his or her ward, describing it and its quality, whether it is improved or not, and, if it is improved, in what manner, and the appraised value of same. The failure on the part of the guardian to conform to the requirements of this section is a ground for the discharge of the guardian, in which case the guardian shall forfeit all commissions.
History.—s. 6, ch. 11906, 1927; CGL 2138; s. 24, ch. 73-334; s. 10, ch. 84-62; s. 1118, ch. 97-102.
744.622 Guardian empowered to receive moneys due ward from the United States Government.—A guardian appointed under the provisions of s. 744.616 may receive income and benefits payable by the United States through the United States Department of Veterans Affairs and also has the right to receive for the account of the ward any moneys due from the United States Government in the way of arrears of pay, bonus, compensation or insurance, or other sums due by reason of his or her service (or the service of the person through whom the ward claims) in the Armed Forces of the United States and any other moneys due from the United States Government, payable through its agencies or entities, together with the income derived from investments of these moneys.
History.—s. 6, ch. 11906, 1927; CGL 2138; s. 8, ch. 84-62; s. 45, ch. 93-268; s. 1119, ch. 97-102.
744.624 Guardian’s application of estate funds for support and maintenance of person other than ward.—A guardian shall not apply any portion of the estate of her or his ward to the support and maintenance of any person other than her or his ward, except upon order of the court after a hearing, notice of which has been given to the proper office of the United States Department of Veterans Affairs as provided in s. 744.625.
History.—s. 13, ch. 14579, 1929; CGL 1936 Supp. 2146(14); s. 1, ch. 73-304; s. 10, ch. 84-62; s. 46, ch. 93-268; s. 1120, ch. 97-102.
(1) Any person who is dependent on a ward for support may petition a court of competent jurisdiction for an order directing the guardian of the ward’s estate to contribute from the estate of the ward to the support, or support and education, of the dependent person, when the estate of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian of the ward by the United States Department of Veterans Affairs. A notice of the application for support, or support and education, shall be given by the applicant to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located at least 15 days before the hearing on the application.
(2) The grant or denial of an order for support, or support and education, does not preclude a further petition for an increase, decrease, modification, or termination of the allowance for such support, or support and education, by either the petitioner or the guardian.
(3) The order for the support, or support and education, of the petitioner is valid for any payment made pursuant to the order, but no valid payment can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order.
(4) When a claim for apportionment of benefits filed with the United States Department of Veterans Affairs on behalf of a dependent or dependents of a disabled veteran is approved by the United States Department of Veterans Affairs, subsequent payments of such apportioned benefits by the United States Department of Veterans Affairs prohibit an action for contempt from being instituted against the veteran.
History.—s. 9, ch. 84-62; s. 47, ch. 93-268.
744.626 Exemption of benefits from claims of creditors.—Except as provided by federal law, payments of benefits from the United States Department of Veterans Affairs or the Social Security Administration to or for the benefit of a disabled veteran or the veteran’s surviving spouse or dependents are exempt from the claims of creditors and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after the receipt of the payments by the guardian or the beneficiary.
History.—s. 9, ch. 84-62; s. 48, ch. 93-268; s. 1121, ch. 97-102.
744.627 Investment of funds of estate by guardian.—Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by chapter 518.
History.—s. 12, ch. 14579, 1929; s. 1, ch. 17473, 1935; CGL 1936 Supp. 2146(13); s. 10, ch. 84-62.
(1) When a guardian of the estate of a minor or an incompetent ward, which guardian has the control or management of any real estate that is the property of such minor or incompetent, deems it necessary or expedient to sell all or part of the real estate, the guardian shall apply, either in term time or in vacation by petition to the judge of the circuit court for the county in which the real estate is situated, for authority to sell all or part of the real estate. If the prayer of the petition appears to the judge to be reasonable and just and financially beneficial to the estate of the ward, the judge may authorize the guardian to sell the real estate described in the petition under such conditions as the interest of the minor or incompetent may, in the opinion of the judge, seem to require.
(2) The authority to sell the real estate described in the petition shall not be granted unless the guardian has given previous notice, published once a week for 4 successive weeks in a newspaper published in the county where the application is made, of his or her intention to make application to the judge for authority to sell such real estate, the guardian setting forth in the notice the time and place and to what judge the application will be made. If the lands lie in more than one county, the application for such authority shall be made in each county in which the lands lie.
(3) The failure on the part of the guardian to comply with the provisions of this section makes the guardian and the guardian’s bond agents individually responsible for any loss that may accrue to the estate of the ward involved, and is a ground for the immediate removal of such guardian as to his or her functions, but does not discharge the guardian as to his or her liability or discharge the liabilities of his or her sureties.
(1) Every guardian who receives on account of his or her ward any moneys from the United States Department of Veterans Affairs shall annually file with the court on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath, which account is an account of all moneys so received by him or her and of all disbursements from such moneys, and which account shows the balance of the moneys in his or her hands at the date of such filing and shows how the moneys are invested. A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which such court is located. If the requirement of certification is waived in writing by the United States Department of Veterans Affairs, an uncertified copy of each of such accounts shall be sent.
(2) The court, at its discretion or upon the petition of an interested party, shall fix a time and place for the hearing on such account; and notice of the hearing shall be given by the court to the United States Department of Veterans Affairs not less than 15 days prior to the date fixed for the hearing.
(3) The court need not appoint a guardian ad litem to represent the ward at the hearing provided for in subsection (2). If the residence of the next kin of the ward is known, notice by registered mail shall be sent to such relative. Notice also shall be served on the ward; or, if the ward is mentally incapable of understanding the matter at issue, the notice may be served on the person in charge of the institution where the ward is detained, or on the person having charge or custody of the ward.
(4) When a hearing on an account is required by the court or requested in the petition of an interested party as provided in subsection (2), the judge of the court on the day of the hearing as provided for in subsection (2) shall carefully examine the vouchers and audit and state the account between the guardian and ward. Proper evidence shall be required in support of any voucher or item of the account that may appear to the court not to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher is rejected, the item or items covered by the disapproval of any voucher or vouchers shall be taxed against the guardian personally. After such examination, the court shall render a decree upon the account, which shall be entered on the record, and the account and vouchers shall be filed. Such partial settlement shall be taken and presumed as correct on final settlement of the guardianship.
(5) If a guardian fails to file any account of the moneys received by him or her from the United States Department of Veterans Affairs on account of his or her ward within 30 days after such account is required by either the court or the United States Department of Veterans Affairs, or fails to furnish the United States Department of Veterans Affairs a copy of his or her accounts as required by subsection (1), such failure shall be a ground for the removal of the guardian.
History.—ss. 7, 8, ch. 11906, 1927; CGL 2139, 2140; ss. 9, 10, ch. 14579, 1929; CGL 1936 Supp. 2146(10), (11); s. 1, ch. 73-304; s. 12, ch. 84-62; s. 49, ch. 93-268; s. 1123, ch. 97-102.
Note.—Consolidation of former ss. 293.10, 293.11, 294.08, 294.09.
744.637 Certified copies of public records made available.—When a copy of any public record is required by the United States Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the United States Department of Veterans Affairs, the official charged with the custody of such public record shall, without charge, provide to the applicant for such benefits or any person acting on her or his behalf, or to the authorized representative of the United States Department of Veterans Affairs, a certified copy of such record. For each and every certified copy so furnished by the official, the official shall be paid by the board of county commissioners the fee provided by law for copies.
History.—s. 14, ch. 14579, 1929; CGL 1936 Supp. 2146(15); s. 7, ch. 29749, 1955; s. 1, ch. 73-304; s. 13, ch. 84-62; s. 50, ch. 93-268; s. 1124, ch. 97-102.
744.638 Clerk of the circuit court; fees; duties.—Upon the filing of the petition for guardianship, granting of same, and entering decree thereon, the clerk of the circuit court is entitled to the service charge as provided by law, which shall include the cost of recording the petition, bond, and decree and the issuing of letters of guardianship. The certificate of the secretary or the secretary’s authorized representative provided for in s. 744.613 need not be recorded but must be kept in the file. Upon issuing letters of guardianship or letters appointing a guardian for the estate of a minor or incompetent, the clerk of the circuit court shall send to the regional office of the United States Department of Veterans Affairs having jurisdiction in this state two certified copies of the letters and two certified copies of the bond approved by the court, without charge or expense to the estate involved. The clerk of the circuit court shall also send a certified copy of such letters to the property appraiser and to the tax collector in each county in which the ward owns real property.
History.—s. 10, ch. 11906, 1927; CGL 2142; s. 1, ch. 73-304; s. 24, ch. 73-334; s. 7, ch. 84-62; s. 11, ch. 87-145; s. 51, ch. 93-268; s. 1125, ch. 97-102.
744.639 Attorney’s fee.—The fee for the attorney filing the petition and conducting the proceedings shall be fixed by the court in an amount as small as reasonably possible, not to exceed $250. However, this section is not to be interpreted to exclude a petition for extraordinary attorney’s fees, properly filed, and if approved by the United States Department of Veterans Affairs, does not necessitate a hearing before the court for approval, but the court shall enter its order for withdrawal of said attorney’s fees from the ward’s guardianship account accordingly.
History.—s. 7, ch. 84-62; s. 31, ch. 95-401; s. 16, ch. 97-93.
744.641 Guardian’s compensation; bond premiums.—The amount of compensation payable to a guardian shall not exceed 5 percent of the income of the ward during any year and may be taken, by the guardian, on a monthly basis. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing on the petition, authorize additional compensation for the extraordinary services, payable from the estate of the ward. Provided that extraordinary services approved by the United States Department of Veteran’s Affairs do not require a court hearing for approval of the fees, but shall require an order authorizing the guardian to withdraw the amount from the guardianship account. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of her or his ward reasonable premiums paid by the guardian to any corporate surety upon the guardian’s bond.
History.—s. 11, ch. 14579, 1929; CGL 1936 Supp. 2146(12); s. 1, ch. 73-304; s. 14, ch. 84-62; s. 63, ch. 85-62; s. 52, ch. 93-268; s. 32, ch. 95-401; s. 1126, ch. 97-102; s. 85, ch. 99-3.
744.643 Discharge of guardian of minor or incompetent ward.—When a minor ward, for whom a guardian has been appointed under the provisions of this part or other laws of this state, attains his or her majority and, if such minor ward has been incompetent, is declared competent by the United States Department of Veterans Affairs and the court, or when an incompetent ward who is not a minor is declared competent by the United States Department of Veterans Affairs and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.
744.646 Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs.—On the final settlement of the guardianship, the notice provided herein for partial settlement must be given and the other proceedings conducted as in the case of partial settlement, except that a guardian ad litem may be appointed to represent the ward, the fee of which guardian ad litem shall in no case exceed $150. However, if the ward has been pronounced competent, is shown to be mentally sound, appears in court, and is 18 years of age, the settlement may be had between the guardian and the ward under the direction of the court without notice to the next of kin, or the appointment of a guardian ad litem. A certified copy of the final settlement so made in every case must be filed with the United States Department of Veterans Affairs by the clerk of the court.
History.—s. 11, ch. 11906, 1927; CGL 2143; s. 1, ch. 73-304; s. 13, ch. 77-121; s. 16, ch. 84-62; s. 54, ch. 93-268.
744.649 Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian.—When the appointment of a general guardian has been made in the proper court and such guardian has qualified and taken charge of the other property of the ward, the general guardian shall file notice of such appointment in the court in which the veteran’s guardianship is pending and have the veteran’s guardianship settled up and closed so that the general guardian may take charge of the moneys referred to and described in ss. 744.613(2) and (3) and 744.622. When the appointment of a general guardian, whether for an incompetent or minor child or another beneficiary entitled to the benefits provided in 38 U.S.C., as amended, has been confirmed by the court having jurisdiction, such general guardian is responsible and is subject to the provisions and penalties contained in 38 U.S.C., as amended, as well as the requirements pertaining to guardians as set forth in this part.
History.—s. 6, ch. 11906, 1927; CGL 2138; s. 17, ch. 84-62.
744.652 Construction and application of part.—This part shall be construed liberally to secure the beneficial intents and purposes of this part and applies only to beneficiaries of the United States Department of Veterans Affairs. It shall be so interpreted and construed as to effectuate its general purpose of making the welfare of such beneficiaries the primary concern of their guardians and of the court.
History.—ss. 17, 19, ch. 14579, 1929; CGL 1936 Supp. 2146(18); s. 1, ch. 73-304; s. 18, ch. 84-62; s. 55, ch. 93-268.
744.653 Annual guardianship report.—Guardians appointed under the Veterans’ Guardianship Law shall not be required to comply with the provisions of s. 744.367.
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A. Yildirim, Kenway, G. K. W., Mader, C. A., and Martins, J. R. R. A., “A Jacobian-free approximate Newton--Krylov startup strategy for RANS simulations”, Journal of Computational Physics, In Press.
Yildirim2019b-A Jacobian-free approximate Newton--Krylov startup strategy for RANS simulations.pdf (3.84 MB)
S. He, Jonsson, E., Mader, C. A., and Martins, J. R. R. A., “Aerodynamic Shape Optimization with Time Spectral Flutter Adjoint”, in Scitech 2019, San Diego, CA, 2019.
main.pdf (2.39 MB)
A. Yildirim, Gray, J. S., Mader, C. A., and Martins, J. R. R. A., “Aeropropulsive Design Optimization of a Boundary Layer Ingestion System”, in AIAA AVIATION Forum, Dallas, TX, 2019.
Yildirim2019a-Aeropropulsive Design Optimization of a Boundary Layer Ingestion System.pdf (28.31 MB)
P. He, Mader, C. A., Martins, J. R. R. A., and Maki, K. J., “Aerothermal Optimization of a Ribbed U-Bend Cooling Channel Using the Adjoint Method”, International Journal of Heat and Mass Transfer, 2019.
UBend_Aerothermal_Opt_Preprint.pdf (6.48 MB)
E. Jonsson, Mader, C. A., Kennedy, G. J., and Martins, J. R. R. A., “Computational Modeling of Flutter Constraint for High-Fidelity Aerostructural Optimization”, in AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, San Diego, CA, 2019.
6.2019-2354.pdf (3.82 MB)
J. S. Gray and Martins, J. R. R. A., “Coupled Aeropropulsive Design Optimization of a Boundary Layer Ingestion Propulsor”, The Aeronautical Journal, vol. 123, no. 1259, pp. 121–137, 2019.
Gray2019-Coupled Aeropropulsive Design Optimization of a Boundary Layer.pdf (2.38 MB)
B. J. Brelje and Martins, J. R. R. A., “Coupled component sizing and aerodynamic shape optimization via geometric constraints”, in AIAA AVIATION Forum, 2019.
J. P. Jasa, Brelje, B. J., Mader, C. A., and Martins, J. R. R. A., “Coupled Design of a Supersonic Engine and Thermal System”, in World Congress of Structural and Multidisciplinary Optimization 13, Beijing, China, 2019.
wcsmo_jasa_2019.pdf (241.84 KB)
S. He, Jonsson, E., Mader, C. A., and Martins, J. R. R. A., “A Coupled Newton--Krylov Time Spectral Solver for Wing Flutter and LCO Prediction”, in AIAA AVIATION Forum, 2019.
G. K. W. Kenway, Mader, C. A., He, P., and Martins, J. R. R. A., “Effective Adjoint Approaches for Computational Fluid Dynamics”, Progress in Aerospace Sciences, 2019.
Kenway2019-Effective Adjoint Approaches for Computational Fluid Dynamics.pdf (2.78 MB)
B. J. Brelje and Martins, J. R. R. A., “Electric, Hybrid, and Turboelectric Fixed-Wing Aircraft: A Review of Concepts, Models, and Design Approaches”, Progress in Aerospace Sciences, vol. 104, p. 1--19, 2019.
Brelje2019-Electric, Hybrid, and Turboelectric Fixed-Wing Aircraft A Review_preprint.pdf (2.29 MB)
J. R. R. A. Martins and Kennedy, G. J., “Enabling Large-scale Multidisciplinary Design Optimization through Adjoint Sensitivity Analysis”, in 57th AIAA Aerospace Sciences Meeting, AIAA SciTech Forum, 2019.
Martins2019-Enabling Large-scale Multidisciplinary Design Optimization through-a.pdf (7.74 MB)
B. J. Brelje, Anibal, J. L., Yildirim, A., Mader, C. A., and Martins, J. R. R. A., “Flexible Formulation of Spatial Integration Constraints in Aerodynamic Shape Optimization”, in 57th AIAA Aerospace Sciences Meeting (SciTech), San Diego, CA, 2019.
mdolab_preprint.pdf (3.38 MB)
T. R. Brooks, Martins, J. R. R. A., and Kennedy, G. J., “High-fidelity Aerostructural Optimization of Tow-steered Composite Wings”, Journal of Fluids and Structures, vol. 88, pp. 122-147, 2019.
Brooks2019-High-fidelity Aerostructural Optimization of Tow-steered Composite Wings.pdf (14.71 MB)
J. T. Hwang, Jasa, J. P., and Martins, J. R. R. A., “High-fidelity design-allocation optimization of a commercial aircraft maximizing airline profit”, Journal of Aircraft, 2019.
hwang_AMD_preprint.pdf (4.1 MB)
G. L. O. Halila, Chen, G., Shi, Y., Fidkowski, K. J., Martins, J. R. R. A., and Mendonça, M. T., “High-Reynolds Number Transitional Flow Prediction using a Coupled Discontinuous-Galerkin RANS PSE Framework”, in 57th AIAA Aerospace Sciences Meeting, 2019.
Halila_SciTech_2019.pdf (1022.94 KB)
J. P. Jasa, Chauhan, S. S., Gray, J. S., and Martins, J. R. R. A., “How Certain Physical Considerations Impact Aerostructural Wing Optimization”, in AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2019.
jasa_aviation_2019.pdf (402.31 KB)
D. A. Burdette and Martins, J. R. R. A., “Impact of Morphing Trailing Edge on Mission Performance for the Common Research Model”, Journal of Aircraft, vol. 56, pp. 369–384, 2019.
N. P. Bons, He, X., Mader, C. A., and Martins, J. R. R. A., “Multimodality in Aerodynamic Wing Design Optimization”, AIAA Journal, 2019.
bons2019a_preprint.pdf (4.4 MB)
M. Mangano and Martins, J. R. R. A., “Multipoint Aerodynamic Shape Optimization for Subsonic and Supersonic Regimes”, in 2019 AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2019.
Multipoint Aerodynamic Shape Oprimization for Supersonic and Subsonic Regimes - Mangano-Martins-SciTech-2019.pdf (6.69 MB)
M. H. Aa. Madsen, Zahle, F., and Sørensen, N. N., “Multipoint high-fidelity CFD-based aerodynamic shape optimization of a 10 MW wind turbine”, Wind Energy Science, vol. 4, pp. 163–192, 2019.
Madsen2019-Multipoint high-fidelity CFD-based aerodynamic shape optimization.pdf (8.38 MB)
J. P. Jasa, Gray, J. S., Seidel, J. A., Mader, C. A., and Martins, J. R. R. A., “Multipoint Optimization of a Variable Cycle Engine Using Gradient-based Optimization”, in 57th AIAA Aerospace Sciences Meeting, AIAA SciTech Forum, San Diego, CA, 2019.
jasa_scitech_2019_submitted.pdf (1012.9 KB)
P. He, Mader, C. A., Martins, J. R. R. A., and Maki, K. J., “An Object-oriented Framework for Rapid Discrete Adjoint Development using OpenFOAM”, in AIAA Science and Technology Forum (SciTech), 2019.
AIAA_SciTech2019_He_et_al.pdf (3.76 MB)
M. Amine Bouhlel, Hwang, J. T., Bartoli, N., Lafage, R., Morlier, J., and Martins, J. R. R. A., “A Python surrogate modeling framework with derivatives”, Advance in Engineering Software, 2019.
preprint_SMT.pdf (1.99 MB)
P. He, Mader, C. A., Martins, J. R. R. A., and Maki, K. J., “An Aerodynamic Design Optimization Framework Using a Discrete Adjoint Approach with OpenFOAM”, Computers & Fluids, 2018.
OpenFOAM_Adjoint.pdf (4.74 MB)
J. S. Gray, Kenway, G. K. W., Mader, C. A., and Martins, J. R. R. A., “Aeropropulsive Design Optimization of a Turboelectric Boundary Layer Ingestion Propulsion System”, in Proceedings of the AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2018.
starc_abl_2018.pdf (14.26 MB)
P. He, Mader, C. A., Martins, J. R. R. A., and Maki, K. J., “Aerothermal Optimization of Internal Cooling Passages Using a Discrete Adjoint Method”, in 2018 Joint Thermophysics and Heat Transfer Conference, AIAA Aviation Forum, 2018.
AIAA-2018-4080.pdf (2.9 MB)
S. S. Chauhan, Hwang, J. T., and Martins, J. R. R. A., “An automated selection algorithm for nonlinear solvers in MDO”, Structural and Multidisciplinary Optimization, 2018.
preprint_for_mdolab_auto_mda_paper.pdf (1.07 MB)
T. R. Brooks, Kenway, G. K. W., and Martins, J. R. R. A., “Benchmark Aerostructural Models for the Study of Transonic Aircraft Wings”, AIAA Journal, vol. 56, no. 7, p. 2840-–2855, 2018.
Brooks2018-Benchmark Aerostructural Models for the Study of Transonic Aircraft Wings-preprint.pdf (22.86 MB)
S. S. Chauhan, Hwang, J. T., and Martins, J. R. R. A., “Benchmarking Approaches for the Multidisciplinary Analysis of Complex Systems Using a Taylor Series-Based Scalable Problem”, in 12th World Congress of Structural and Multidisciplinary Optimization (WCSMO12), Braunschweig, Germany, 2018, pp. 98–116.
wcsmo12_paper.pdf (556.91 KB)
N. R. Secco, Jasa, J. P., Kenway, G. K. W., and Martins, J. R. R. A., “Component-based Geometry Manipulation for Aerodynamic Shape Optimization with Overset Meshes”, AIAA Journal, vol. 56, no. 9, p. 3679, 2018.
pysurf2018_preprint.pdf (9.55 MB)
J. T. Hwang and Martins, J. R. R. A., “A computational architecture for coupling heterogeneous numerical models and computing coupled derivatives”, ACM TOMS, vol. 44, no. 4, 2018.
paper_mdolab.pdf (986.89 KB)
S. He, Jonsson, E., Mader, C. A., and Martins, J. R. R. A., “A Coupled Newton–Krylov Time Spectral Solver for Flutter Prediction”, in 2018 AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Kissimmee, FL, 2018.
scitech2018.pdf (2.32 MB)
J. Li, Bouhlel, M. Amine, and Martins, J. R. R. A., “Data-based Approach for Fast Airfoil Analysis and Optimization”, Journal of Aircraft, vol. 57, p. 581--596, 2018.
airfoil_preprint.pdf (6.34 MB)
J. Li, Bouhlel, M. Amine, and Martins, J. R. R. A., “A data-based approach for fast airfoil analysis and optimization”, in 2018 AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Kissimmee, FL, 2018.
J. P. Jasa, Hwang, J. T., and Martins, J. R. R. A., “Design and Trajectory Optimization of a Morphing Wing Aircraft”, in 2018 AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Kissimmee, FL, 2018.
Jasa_morphing_mission_SciTech_submitted.pdf (878.01 KB)
D. A. Burdette and Martins, J. R. R. A., “Design of a Transonic Wing with an Adaptive Morphing Trailing Edge via Aerostructural Optimization”, Aerospace Science and Technology, vol. 81, pp. 192–203, 2018.
Burdette_NASA1.pdf (15.8 MB)
J. S. Gray, “Design Optimization of a Boundary Layer Ingestion Propulsor Using a Coupled Aeropropulsive Model”, University of Michigan, 2018.
gray_phd_thesis_2018.pdf (23.42 MB)
B. J. Brelje and Martins, J. R. R. A., “Development of a Conceptual Design Model for Aircraft Electric Propulsion with Efficient Gradients”, in AIAA/IEEE Electric Aircraft Technologies Symposium, Cincinnati, OH, 2018.
openconcept_EATS_2018.pdf (9 MB)
M. Amine Bouhlel, Bartoli, N., Regis, R., Otsmane, A., and Morlier, J., “Efficient global optimization for high-dimensional constrained problems by using the Kriging models combined with the partial least squares method”, Engineering Optimization, 2018.
tandf_geno20AxA_1.bib (645 bytes)
J. T. Hwang and Martins, J. R. R. A., “A fast-prediction surrogate model for large datasets”, Aerospace Science and Technology, vol. 75, p. 74--87, 2018.
N. P. Bons, Mader, C. A., Martins, J. R. R. A., Cuco, A. P. C., and Odaguil, F. I. K., “High-Fidelity Aerodynamic Shape Optimization of a Full Configuration Regional Jet”, in 2018 AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Kissimmee, FL, 2018.
2018scitech_nbons.pdf (2.41 MB)
P. He, Filip, G., Martins, J. R. R. A., and Maki, K. J., “Hull form hydrodynamic design using a discrete adjoint optimization method”, in 13th International Marine Design Conference, 2018.
IMDC2018.pdf (4.9 MB)
Y. Yu, Lyu, Z., Xu, Z., and Martins, J. R. R. A., “On the Influence of Optimization Algorithm and Starting Design on Wing Aerodynamic Shape Optimization”, Aerospace Science and Technology, vol. 75, p. 183--199, 2018.
Yin2014-On the Influence of Optimization Algorithm and Initial Design on Wing Aerodynamic Shape Optimization-Preprint.pdf (8.73 MB)
S. S. Chauhan and Martins, J. R. R. A., “Low-fidelity aerostructural optimization of aircraft wings with a simplified wingbox model using OpenAeroStruct”, in EngOpt 2018: 6th International Conference on Engineering Optimization, 2018.
oas_wb_mdolab.pdf (399.15 KB)
T. R. Brooks and Martins, J. R. R. A., “On Manufacturing Constraints for Tow-steered Composite Design Optimization”, Composite Structures, vol. 204, pp. 548 - 559, 2018.
preprint-manufacturing-constraints-w-appendix.pdf (18.1 MB)
J. S. Gray, Mader, C. A., Kenway, G. K. W., and Martins, J. R. R. A., “Modeling Boundary Layer Ingestion Using a Coupled Aeropropulsive Analysis”, Journal of Aircraft, vol. Vol.55, pp. 1191-1199, 2018.
Gray2018-Modeling boundary layer ingestion using a coupled aeropropulsive analysis-Preprint.pdf (2.07 MB)
S. Roy, Crossley, W. A., Moore, K. T., Gray, J. S., and Martins, J. R. R. A., “Next generation aircraft design considering airline operations and economics”, in AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2018.
M. Shahabsafa, Mohammad-Nezhad, A., Terlaky, T., Zuluaga, L., He, S., Hwang, J. T., and Martins, J. R. R. A., “A Novel Approach to Discrete Truss Design Problems Using Mixed Integer Neighborhood Search”, Structural and Multidisciplinary Optimization, vol. 58, no. 6, p. 2429, 2018.
J. P. Jasa, Hwang, J. T., and Martins, J. R. R. A., “Open-source coupled aerostructural optimization using Python”, Structural and Multidisciplinary Optimization, 2018.
OAS_SMO_preprint.pdf (794.87 KB)
J. P. Jasa, Mader, C. A., and Martins, J. R. R. A., “Trajectory Optimization of a Supersonic Air Vehicle with Thermal Fuel Management System”, in 2018 AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2018.
jasa_aviation_2018_submitted.pdf (3.32 MB)
J. S. Gray, Mader, C. A., Kenway, G. K. W., and Martins, J. R. R. A., “Approach to Modeling Boundary Layer Ingestion using a Fully Coupled Propulsion-RANS Model”, in 55th AIAA Aerospace Sciences Meeting (SciTech), 2017.
G. K. W. Kenway and Martins, J. R. R. A., “Buffet Onset Constraint Formulation for Aerodynamic Shape Optimization”, AIAA Journal, vol. 55, pp. 1930–1947, 2017.
Kenway_Martins_buffet_2017_mdolab.pdf (11.2 MB)
J. S. Gray, Chin, J. C., Hearn, T. A., Hendricks, E., Lavelle, T. M., and Martins, J. R. R. A., “Chemical-Equilibrium Analysis with Adjoint Derivatives for Propulsion Cycle Analysis”, Journal of Propulsion and Power, vol. Vol.33, pp. 1041-1052, 2017.
N. R. Secco, Jasa, J. P., Kenway, G. K. W., and Martins, J. R. R. A., “Component-based Geometry Manipulation for Aerodynamic Shape Optimization with Overset Meshes”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2017.
C. Vanaret, Gallard, F., and Martins, J. R. R. A., “On the Consequences of the "No Free Lunch" Theorem for Optimization on the Choice of MDO Architecture”, in Proceedings of the AIAA SciTech Conference, 2017.
NFL_MDO_architecture_AIAA2017_vanaret_gallard_martins.pdf (1.34 MB)
E. Jonsson, Kenway, G. K. W., Kennedy, G. J., and Martins, J. R. R. A., “Development of Flutter Constraints for High-fidelity Aerostructural Optimization”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2017.
G. K. W. Kenway, Secco, N. R., Martins, J. R. R. A., Mishra, A., and Duraisamy, K., “An Efficient Parallel Overset Method for Aerodynamic Shape Optimization”, in Proceedings of the 58th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, AIAA SciTech Formum, 2017.
scitech2017.pdf (29.39 MB)
A. B. Lambe, Martins, J. R. R. A., and Kennedy, G. J., “An Evaluation of Constraint Aggregation Strategies for Wing Box Mass Minimization”, Structural and Multidisciplinary Optimization, vol. 55, pp. 257–277, 2017.
Lambe_et_al_2016a_mdolab.pdf (2.91 MB)
R. P. Liem, Martins, J. R. R. A., and Kenway, G. K. W., “Expected Drag Minimization for Aerodynamic Design Optimization Based on Aircraft Operational Data”, Aerospace Science and Technology, vol. 63, pp. 344–362, 2017.
multipointASO2015.pdf (11.66 MB)
T. R. Brooks, Kennedy, G. J., and Martins, J. R. R. A., “High-fidelity Multipoint Aerostructural Optimization of a High Aspect Ratio Tow-steered Composite Wing”, in Proceedings of the 58th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, AIAA SciTech Forum, 2017.
Scitech-2017-Brooks.pdf (13.18 MB)
S. Roy, Moore, K. T., Hwang, J. T., Gray, J. S., Crossley, W. A., and Martins, J. R. R. A., “A Mixed Integer Efficient Global Optimization Algorithm for the Simultaneous Aircraft Allocation-Mission-Design Problem”, in Proceeding of the 58th AIAA Structures, Structural Dynamics, and Materials Conference, 2017.
J. R. R. A. Martins, “Multidisciplinary Design Optimization of Aerospace Systems”, in Advances and Trends in Optimization with Engineering Applications , Philadelphia, PA: SIAM, 2017, pp. 249-257.
Martins2017-Multidiscplinary Design Optimization of Aerospace Systems.pdf (888.81 KB)
N. P. Bons, He, X., Mader, C. A., and Martins, J. R. R. A., “Multimodality in Aerodynamic Wing Design Optimization”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Denver, CO, 2017.
E. Hendricks, Falck, R. D., and Gray, J. S., “Simultaneous Propulsion System and Trajectory Optimization”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2017.
R. D. Falck, Chin, J. C., Schnulo, S. L., Burt, J. M., and Gray, J. S., “Trajectory Optimization of Electric Aircraft Subject to Subsystem Thermal Constraints”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2017.
T. R. Brooks, Kenway, G. K. W., and Martins, J. R. R. A., “Undeflected Common Research Model (uCRM): An Aerostructural Model for the Study of High Aspect Ratio Transport Aircraft Wings”, in 18th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Denver, CO, 2017.
S. Chen, Lyu, Z., Kenway, G. K. W., and Martins, J. R. R. A., “Aerodynamic Shape Optimization of the Common Research Model Wing-Body-Tail Configuration”, Journal of Aircraft, vol. 53, pp. 276–293, 2016.
Chen2016-Aerodynamic Shape Optimization of the Common Research Model-Preprint.pdf (29.46 MB)
G. K. W. Kenway and Martins, J. R. R. A., “Aerodynamic Shape Optimization of the CRM Configuration Including Buffet-Onset Conditions”, in 54th AIAA Aerospace Sciences Meeting, 2016.
D. A. Burdette, Kenway, G. K. W., and Martins, J. R. R. A., “Aerostructural design optimization of a continuous morphing trailing edge aircraft for improved mission performance”, in 17th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference , 2016.
BurdetteAviation2016.pdf (1.68 MB)
J. T. Hwang and Martins, J. R. R. A., “Allocation-mission-design optimization of next-generation aircraft using a parallel computational framework”, in 57th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2016.
Hwang2016.pdf (1.29 MB)
J. R. R. A. Martins, “Fuel burn reduction through wing morphing”, in Encyclopedia of Aerospace Engineering , vol. Green Aviation, Wiley, 2016, pp. 75-79.
Martins2016-Fuel Burn Reduction Through Wing Morphing - Preprint.pdf (757.53 KB)
T. R. Brooks, Kennedy, G. J., and Martins, J. R. R. A., “High-fidelity Aerostructural Optimization of a High Aspect Ratio Tow-steered Wing”, in 57th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2016.
brooks-scitech-2016-paper.pdf (9.66 MB)
M. Amine Bouhlel, Bartoli, N., Morlier, J., and Otsmane, A., “An Improved Approach for Estimating the Hyperparameters of the Kriging Model for High-Dimensional Problems through the Partial Least Squares Method”, Mathematical Problems in Engineering, vol. vol. 2016, Article ID 6723410, 2016.
M. Amine Bouhlel, Bartoli, N., Otsmane, A., and Morlier, J., “Improving kriging surrogates of high-dimensional design models by Partial Least Squares dimension reduction”, Structural and Multidisciplinary Optimization, vol. 53, pp. 935–952, 2016.
A. B. Lambe and Martins, J. R. R. A., “Matrix-free aerostructural optimization of aircraft wings”, Structural and Multidisciplinary Optimization, vol. 53, pp. 589–603, 2016.
Lambe_Martins_2016_mdolab.pdf (1.95 MB)
S. Arreckx, Lambe, A. B., Martins, J. R. R. A., and Orban, D., “A Matrix-Free Augmented Lagrangian Algorithm with Application to Large-Scale Structural Design Optimization”, Optimization and Engineering, vol. 17, pp. 359–384, 2016.
Arreckx_et_al_Matrix_Free_2014.pdf (1.72 MB)
J. R. R. A. Martins and Hwang, J. T., “Multidisciplinary Design Optimization of Aircraft Configurations–-Part 1: A modular coupled adjoint approach”, Von Karman Institute for Fluid Dynamics, Sint--Genesius--Rode, Belgium, 2016.
Martins_VKI_2016_part_1_mdolab.pdf (1.49 MB)
J. R. R. A. Martins, Kenway, G. K. W., and Brooks, T. R., “Multidisciplinary Design Optimization of Aircraft Configurations–-Part 2: High-fidelity aerostructural optimization”, Von Karman Institute for Fluid Dynamics, Sint--Genesius--Rode, Belgium, 2016.
Martins_VKI_2016_part_2_mdolab.pdf (22.98 MB)
G. K. W. Kenway and Martins, J. R. R. A., “Multipoint Aerodynamic Shape Optimization Investigations of the Common Research Model Wing”, AIAA Journal, vol. 54, pp. 113–128, 2016.
Kenway2016-Multipoint Aerodynamic Shape Optimization Investigations of the Commona..pdf (10.76 MB)
D. A. Burdette, Kenway, G. K. W., and Martins, J. R. R. A., “Performance Evaluation of a Morphing Trailing Edge Using Multipoint Aerostructural Design Optimization”, in 57th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference , San Diego, CA, 2016.
BurdetteScitech2016.pdf (8.05 MB)
J. S. Gray, Chin, J. C., Hearn, T. A., Hendricks, E., Lavelle, T. M., and Martins, J. R. R. A., “Thermodynamics for Gas Turbine Cycles with Analytic Derivatives in OpenMDAO”, in 57th AIAA/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2016.
gray_pycycle_thermodynamics.pdf (688.53 KB)
J. T. Hwang and Martins, J. R. R. A., “An unstructured quadrilateral mesh generation algorithm for aircraft structures”, Aerospace Science and Technology, vol. 59, pp. 172–182, 2016.
Hwang_Martins_2016b_mdolab.pdf (20.12 MB)
Z. Lyu, Kenway, G. K. W., and Martins, J. R. R. A., “Aerodynamic Shape Optimization Investigations of the Common Research Model Wing Benchmark”, AIAA Journal, vol. 53, no. 4, p. 968--985, 2015.
Lyu_AIAAJ_ASO_2014_preprint.pdf (23.63 MB)
Z. Lyu and Martins, J. R. R. A., “Aerodynamic Shape Optimization of an Adaptive Morphing Trailing Edge Wing”, Journal of Aircraft, vol. 52, pp. 1951–1970, 2015.
Lyu2015a-Aerodynamic shape optimization of an adaptive morphing trailing edge wing.pdf (8.59 MB)
S. Chen, Lyu, Z., Kenway, G. K. W., and Martins, J. R. R. A., “Aerodynamic Shape Optimization of the Common Research Model Wing-Body-Tail Configuration”, Journal of Aircraft, 2015.
Chen2015-Aerodynamic Shape Optimization of the Common Research Model.pdf (29.46 MB)
S. Chen, Lyu, Z., Kenway, G. K. W., and Martins, J. R. R. A., “Aerodynamic Shape Optimization of the Common Research Model Wing-Body-Tail Configuration”, in Proceedings of the AIAA Science and Technology Forum and Exposition (SciTech), 2015.
D. A. Burdette, Kenway, G. K. W., Lyu, Z., and Martins, J. R. R. A., “Aerostructural Design Optimization of an Adaptive Morphing Trailing Edge Wing”, in AIAA SciTech, Kissimmee, FL, 2015.
G. K. W. Kenway and Martins, J. R. R. A., “High-fidelity aerostructural optimization considering buffet onset”, in Proceedings of the 16th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2015.
Kenway2015-High-fidelity aerostructural optimization considering buffet onseta..pdf (11.19 MB)
T. R. Brooks, Hwang, J. T., Kennedy, G. J., and Martins, J. R. R. A., “High-fidelity Structural Optimization of a Tow-Steered Composite Wing”, in 11th World Congress on Structural and Multidisciplinary Optimization, Sydney, Australia, 2015.
wcsmo-2015-paper.pdf (915.44 KB)
N. Xue, Du, W., Martins, J. R. R. A., and Shyy, W., “Lithium-Ion Batteries: Thermo-Mechanics, Performance, and Design Optimization”, in Handbook of Clean Energy Systems, vol. 5 : Energy Storage, John Wiley & Sons, Ltd, 2015, pp. 2849-2864.
Xue2015-Lithium Ion Batteries - Preprint.pdf (1.43 MB)
J. Y. Kao, Hwang, J. T., Martins, J. R. R. A., Gray, J. S., and Moore, K. T., “A modular adjoint approach to aircraft mission analysis and optimization”, in 56th AIAA SDM Conference, Kissimmee, FL, 2015.
Kao2015a.pdf (611.01 KB)
R. P. Liem, Kenway, G. K. W., and Martins, J. R. R. A., “Multimission Aircraft Fuel Burn Minimization via Multipoint Aerostructural Optimization”, AIAA Journal, vol. 53, no. 1, 2015.
LiemAIAAJ2014_preprint.pdf (15.73 MB)
J. T. Hwang and Martins, J. R. R. A., “Parallel allocation-mission optimization of a 128-route network”, in 17th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Dallas, TX, 2015.
Paper.pdf (722.17 KB)
J. T. Hwang, Roy, S., Kao, J. Y., Martins, J. R. R. A., and Crossley, W. A., “Simultaneous aircraft allocation and mission optimization using a modular adjoint approach”, in 56th AIAA SDM Conference, Kissimmee, FL, 2015.
Hwang2015a.pdf (330.5 KB)
R. P. Liem, Mader, C. A., and Martins, J. R. R. A., “Surrogate Models and Mixtures of Experts in Aerodynamic Performance Prediction for Mission Analysis”, Aerospace Science and Technology, vol. 43, pp. 126-151, 2015.
LiemAST2015_preprint.pdf (6.2 MB)
J. R. R. A. Martins, “Wing Design via Numerical Optimization”, 2, 2015.
Martins2015-SIAG-OPT-ViewsAndNews-23-1-Wing design via numerical optimization.pdf (3.13 MB)
Z. Lyu and Martins, J. R. R. A., “Aerodynamic Shape Optimization of an Adaptive Morphing Trailing Edge Wing”, in Proceedings of the 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
Z. Lyu and Martins, J. R. R. A., “Aerodynamic Shape Optimization Studies of a Blended-Wing-Body Aircraft”, Journal of Aircraft, vol. 51, no. 5, 2014.
Lyu-Martins-2014-JoA-BWB.pdf (17.79 MB)
G. K. W. Kenway, Kennedy, G. J., and Martins, J. R. R. A., “Aerostructural optimization of the Common Research Model configuration”, in 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
mao2014_paper.pdf (10.33 MB)
J. S. Gray, Hearn, T. A., Moore, K. T., Hwang, J. T., Martins, J. R. R. A., and Ning, A., “Automatic Evaluation of Multidisciplinary Derivatives Using a Graph-Based Problem Formulation in OpenMDAO”, in Proceedings of the 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
Gray-MAO-2014.pdf (4.08 MB)
Z. Lyu, Xu, Z., and Martins, J. R. R. A., “Benchmarking Optimization Algorithms for Wing Aerodynamic Design Optimization”, in 8th International Conference on Computational Fluid Dynamics (ICCFD8), Chengdu, China, 2014.
Lyu_ICCFD8_Final_v2.pdf (5.55 MB)
C. A. Mader and Martins, J. R. R. A., “Computing Stability Derivatives and Their Gradients for Aerodynamic Shape Optimization”, AIAA Journal, vol. 52, no. 11, pp. 2533-2546, 2014.
maderTSD2010.pdf (3.51 MB)
N. Xue, Du, W., Greszler, T. A., Shyy, W., and Martins, J. R. R. A., “Design of a Lithium-ion Battery Pack for PHEV Using Multiple Optimization Methods”, Applied Energy, vol. 115, pp. 591–602, 2014.
xue-app_engy_pack_opt_2013_revised.pdf (978.68 KB)
G. J. Kennedy, Kenway, G. K. W., and Martins, J. R. R. A., “High Aspect Ratio Wing Design: Optimal Aerostructural Tradeoffs for the Next Generation of Materials”, in Proceedings of the AIAA Science and Technology Forum and Exposition (SciTech), National Harbor, MD, 2014.
Kennedy-Kenway-Martins-2014-SciTech.pdf (2.07 MB)
Z. Lyu, “High-Fidelity Aerodynamic Design Optimization of Aircraft Configurations”, University of Michigan, Ann Arbor, 2014.
Lyu_thesis.pdf (84.42 MB)
J. T. Hwang, Lee, D. Y., Cutler, J. W., and Martins, J. R. R. A., “Large-Scale Multidisciplinary Optimization of a Small Satellite’s Design and Operation”, Journal of Spacecraft and Rockets, vol. 51, no. 5, pp. 1648-1663, 2014.
Hwang2014b.pdf (10.24 MB)
J. T. Hwang, “A modular approach to large-scale design optimization of aerospace systems”, 2014.
Hwang_dissertation.pdf (46.92 MB)
A. B. Lambe, Kennedy, G. J., and Martins, J. R. R. A., “Multidisciplinary Design Optimization of an Aircraft Wing via a Matrix-Free Approach”, in 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
G. K. W. Kenway and Martins, J. R. R. A., “Multipoint Aerodynamic Shape Optimization Investigations of the Common Research Model Wing”, in 2015 AIAA SciTech, Kissimmee, FL, 2014.
G. K. W. Kenway and Martins, J. R. R. A., “Multipoint High-fidelity Aerostructural Optimization of a Transport Aircraft Configuration”, Journal of Aircraft, vol. 51, no. 1, pp. 144–160, 2014.
kenway2013b.pdf (8.77 MB)
J. T. Hwang and Steeves, C. A., “Optimization of 3D lattice cores in composite sandwich structures”, Journal of Composite Materials, 2014.
A. Gogulapati, Friedmann, P. P., and Martins, J. R. R. A., “Optimization of the Kinematics of a Flapping Wing MAV in Hover for Enhanced Performance”, AIAA Journal, vol. 52, pp. 2342–2354, 2014.
G. J. Kennedy and Martins, J. R. R. A., “A parallel aerostructural optimization framework for aircraft design studies”, Structural and Multidisciplinary Optimization, vol. 50, pp. 1079–1101, 2014.
Kennedy2014-Parallel Aerostructural Optimization Framework for Aircraft Design Studies - preprint.pdf (2.21 MB)
J. R. R. A. Martins, “Portugueses em IO pelo Mundo–-Joaquim R. R. A. Martins”, 2014.
Martins2014-Portugueses em IO pelo Mundo---Joaquim R. R. A. Martins-b..pdf (154.54 KB)
G. K. W. Kenway, Kennedy, G. J., and Martins, J. R. R. A., “Scalable parallel approach for high-fidelity steady-state aeroelastic analysis and adjoint derivative computations”, AIAA Journal, vol. 52, no. 5, pp. 935–951, 2014.
kenway2013a.pdf (4.6 MB)
Z. Lyu and Martins, J. R. R. A., “Strategies for Solving High-Fidelity Aerodynamic Shape Optimization Problems”, in Proceedings of the 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
Lyu_MAO_2014_Aero.pdf (12.45 MB)
R. P. Liem and Martins, J. R. R. A., “Surrogate Models and Mixtures of Experts in Aerodynamic Performance Prediction for Mission Analysis”, in 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Atlanta, GA, 2014.
W. Du, Xue, N., Shyy, W., and Martins, J. R. R. A., “A Surrogate-Based Multi-Scale Model for Mass Transport and Electrochemical Kinetics in Lithium-Ion Battery Electrodes”, Journal of the Electrochemical Society, vol. 161, pp. E3086–E3096, 2014.
Du2014-A Surrogate-Based Multi-Scale Model for Mass Transport and Electrochemicala..pdf (1.88 MB)
G. J. Kennedy, Kenway, G. K. W., and Martins, J. R. R. A., “Towards Gradient-Based Design Optimization of Flexible Transport Aircraft with Flutter Constraints”, in Proceedings of the 15th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, 2014.
G. J. Kennedy and Martins, J. R. R. A., “An Adjoint-based Derivative Evaluation Method for Time-dependent Aeroelastic Optimization of Flexible Aircraft”, in Proceedings of the 54th AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Boston, MA, 2013.
2013_SDM.pdf (799.25 KB)
Z. Lyu and Martins, J. R. R. A., “Aerodynamic Shape Optimization of a Blended-Wing-Body Aircraft”, in Proceedings of the 51st AIAA Aerospace Sciences Meeting, Grapevine, TX, 2013.
R. P. Liem, Mader, C. A., Lee, E., and Martins, J. R. R. A., “Aerostructural design optimization of a 100-passenger regional jet with surrogate-based mission analysis”, in 13th AIAA Aviation Technology, Integration, and Operations Conference, Los Angeles, CA, 2013.
final_Liem_Aviation2013.pdf (1.86 MB)
Z. Lyu, Kenway, G. K. W., Paige, C., and Martins, J. R. R. A., “Automatic Differentiation Adjoint of the Reynolds-Averaged Navier-Stokes Equations with a Turbulence Model”, in 43rd AIAA Fluid Dynamics Conference and Exhibit, 2013.
LYU_CFD_RANS_Final.pdf (6.21 MB)
W. Du, Xue, N., Sastry, A. M., Martins, J. R. R. A., and Shyy, W., “Energy Density Comparison of Li-ion Cathode Materials Using Dimensional Analysis”, Journal of The Electrochemical Society, vol. 160, pp. A1187-A1193, 2013.
J.Electrochem.Soc_.-2013-Du-A1187-93.pdf (1.56 MB)
G. J. Kennedy and Martins, J. R. R. A., “Hybrid-parallel Methods for Large-scale Gradient-based Structural Design Optimization”, in Proceedings of the 10th World Congress on Structural and Multidisciplinary Optimization, 2013.
G. J. Kennedy and Martins, J. R. R. A., “A Laminate Parametrization Technique for Discrete Ply Angle Problems with Manufacturing Constraints”, Structural and Multidisciplinary Optimization, vol. 48, pp. 379-393, 2013.
Kennedy2013a.pdf (394.08 KB)
J. T. Hwang, Lee, D. Y., Cutler, J. W., and Martins, J. R. R. A., “Large-Scale MDO of a Small Satellite using a Novel Framework for the Solution of Coupled Systems and their Derivatives”, in Proceedings of the 54th AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Boston, MA, 2013.
A. B. Lambe and Martins, J. R. R. A., “A Matrix-Free Approach to Large-Scale Structural Optimization”, in 10th World Congress on Structural and Multidisciplinary Optimization, Orlando, FL, 2013.
J. R. R. A. Martins and Lambe, A. B., “Multidisciplinary Design Optimization: A Survey of Architectures”, AIAA Journal, vol. 51, no. 9, pp. 2049-2075, 2013.
Martins-Lambe-AIAAJ-MDO-Survey.pdf (434.39 KB)
N. Xue, Du, W., Gupta, A., Shyy, W., Sastry, A. M., and Martins, J. R. R. A., “Optimization of a Single Lithium-Ion Battery Cell with a Gradient-Based Algorithm”, Journal of The Electrochemical Society, vol. 160, no. 8, pp. A1071-A1078, 2013.
JECS_single_cell_opt.pdf (1.68 MB)
W. Du, Xue, N., Gupta, A., Sastry, A. M., Martins, J. R. R. A., and Shyy, W., “Optimization of LiMn2O4 electrode properties in a gradient-and surrogate-based framework”, Acta Mechanica Sinica, vol. 29, pp. 335–347, 2013.
10.1007-s10409-013-0039-x.pdf (919.47 KB)
A. Gogulapati, Friedmann, P. P., and Martins, J. R. R. A., “Optimization of the Kinematics of a Flapping Wing MAV in Hover for Enhanced Performance”, in Proceedings of the 54th AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, 2013.
M. Nelson, Temple, D. W., Hwang, J. T., Young, Y. L., Martins, J. R. R. A., and Collette, M., “Simultaneous optimization of propeller–hull systems to minimize lifetime fuel consumption”, Applied Ocean Research, vol. 43, pp. 46-52, 2013.
Nelson2013-Simultaneous Optimization of Propeller-Hull Systems to Minimize Lifetime-a..pdf (1.19 MB)
C. A. Mader and Martins, J. R. R. A., “Stability-constrained aerodynamic shape optimization of flying wings”, Journal of Aircraft, vol. 50, pp. 1431–1449, 2013.
flyingWing2012.pdf (3.65 MB)
S. Haghighat, Martins, J. R. R. A., and Liu, H. H. T., “Aeroservoelastic Design Optimization of a Flexible Wing”, Journal of Aircraft, vol. 49, pp. 432–443, 2012.
Haghighat2012a.pdf (1.23 MB)
G. J. Kennedy and Martins, J. R. R. A., “A Comparison of Metallic and Composite Aircraft Wings Using Aerostructural Design Optimization”, in 14th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Indianapolis, IN, 2012.
Kennedy2012c.pdf (2.11 MB)
C. A. Mader and Martins, J. R. R. A., “Derivatives for Time-Spectral Computational Fluid Dynamics Using an Automatic Differentiation Adjoint”, AIAA Journal, vol. 50, no. 12, pp. 2809-2819, 2012.
Mader2012a.pdf (661.23 KB)
J. T. Hwang and Martins, J. R. R. A., “A Dynamic Parametrization Scheme for Shape Optimization Using Quasi-Newton Methods”, in Proceedings of the 50th AIAA Aerospace Sciences Meeting, Nashville, TN, 2012.
Hwang2012a.pdf (885.22 KB)
A. B. Lambe and Martins, J. R. R. A., “Extensions to the Design Structure Matrix for the Description of Multidisciplinary Design, Analysis, and Optimization Processes”, Structural and Multidisciplinary Optimization, vol. 46, no. 2, pp. 273-284, 2012.
Lambe2012.pdf (289.49 KB)
G. J. Kennedy and Martins, J. R. R. A., “A homogenization-based theory for anisotropic beams with accurate through-section stress and strain prediction”, International Journal of Solids and Structures, vol. 49, pp. 54-72, 2012.
hbtpaper.pdf (901.52 KB)
K. A. James and Martins, J. R. R. A., “An Isoparametric Approach to Level Set Topology Optimization Using a Body-Fitted Finite Element Mesh”, Computers and Structures, vol. 90–91, pp. 97-106, 2012.
James2011a.pdf (1 MB)
J. T. Hwang, Waas, A. M., and Martins, J. R. R. A., “Micromechanical Modeling and Design Optimization of 2-D Triaxial Braided Composites”, in Proceedings of the 50th AIAA Aerospace Sciences Meeting, Nashville, TN, 2012.
Hwang2012b.pdf (396.94 KB)
S. Haghighat, Liu, H. H. T., and Martins, J. R. R. A., “A Model Predictive Gust Load Alleviation Controller for a Highly Flexible Aircraft”, Journal of Guidance, Control and Dynamics, vol. 36, no. 6, pp. 1751–1766, 2012.
Haghighat2012b.pdf (10.85 MB)
R. P. Liem, Kenway, G. K. W., and Martins, J. R. R. A., “Multi-point, multi-mission, high-fidelity aerostructural optimization of a long-range aircraft configuration”, in 14th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Indianapolis, IN, 2012.
C. A. Mader and Martins, J. R. R. A., “Optimal Flying Wings: A Numerical Optimization Study”, in 53rd AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Honolulu, HI, 2012.
Mader2012.pdf (3.77 MB)
R. E. Perez, Jansen, P. W., and Martins, J. R. R. A., “pyOpt: a Python-Based Object-Oriented Framework for Nonlinear Constrained Optimization”, Structural and Multidisciplinary Optimization, vol. 45, no. 1, pp. 101–118, 2012.
pyOpt.pdf (2.02 MB)
G. K. W. Kenway, Kennedy, G. J., and Martins, J. R. R. A., “A Scalable Parallel Approach for High-Fidelity Aerostructural Analysis and Optimization”, in 53rd AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Honolulu, HI, 2012.
K. A. James, Lee, E., and Martins, J. R. R. A., “Stress-Based Topology Optimization Using an Isoparametric Level Set Method”, Finite Elements in Analysis and Design, vol. 58, pp. 20–30, 2012.
E. Lee, James, K. A., and Martins, J. R. R. A., “Stress-Constrained Topology Optimization with Design-Dependent Loading”, Structural and Multidisciplinary Optimization, vol. 46, pp. 647–661, 2012.
Lee2012a.pdf (1.14 MB)
E. Lee and Martins, J. R. R. A., “Structural Topology Optimization with Design-Dependent Pressure Loads”, Computer Methods in Applied Mechanics and Engineering, vol. 233–236, pp. 40–48, 2012.
Q. Thomson and Martins, J. R. R. A., “Adaptive Accuracy Trust Region: Using Cross-Validation in the Optimization Process”, Engineering Optimization, vol. 43, pp. 615–633, 2011.
S. Haghighat, Martins, J. R. R. A., and Liu, H. H. T., “Aeroservoelastic Design Optimization of a High Aspect Ratio Flying Wing”, in Proceedings of the International Forum on Aeroelasticity and Structural Dynamics, Paris, France, 2011.
G. J. Kennedy and Martins, J. R. R. A., “Aerostructural design optimization of composite aircraft with stress and local buckling constraints using an implicit structural parametrization”, in Proceedings of CASI AERO 2011, Montreal, Quebec, 2011.
K. A. James, Kennedy, G. J., and Martins, J. R. R. A., “Aerostructural Topology Optimization of an Aircraft Wingbox”, in Proceedings of the CASI AERO 2011 Conference, Montreal, QC, 2011.
C. A. Mader and Martins, J. R. R. A., “Computation of Aircraft Stability Derivatives Using an Automatic Differentiation Adjoint Approach”, AIAA Journal, vol. 49, no. 12, pp. 2737-2750, 2011.
Mader2011-Computation of Aircraft Stability Derivatives Using an Automatica..pdf (8 MB)
K. A. James and Martins, J. R. R. A., “Level Set Topology Optimization of Structures with Isoparametric Mesh Mapping”, in Proceedings of the 9th World Congress on Structural and Multidisciplinary Optimization, Shizuoka, Japan, 2011.
K. A. James and Martins, J. R. R. A., “Level Set Topology Optimization of Structures with Isoparametric Mesh Mapping”, in Proceedings of the 9th ISSMO World Congress on Structural and Multidisciplinary Optimization, Shizuoka, Japan, 2011.
S. Haghighat, Liu, H. H. T., and Martins, J. R. R. A., “Mixed-Norm Multi-Objective Robust Controller Applied to a Very Flexible Aircraft”, in Proceedings of the AIAA Guidance, Navigation and Control Conference, 2011.
T. W. Simpson and Martins, J. R. R. A., “Multidisciplinary Design Optimization for Complex Engineered Systems Design: Report from an NSF Workshop”, Journal of Mechanical Design, vol. 133, no. 10, p. 101002, 2011.
Simpson2011.pdf (666.06 KB)
C. A. Mader and Martins, J. R. R. A., “Stability-Constrained Aerodynamic Shape Optimization of Flying Wings”, in Proceedings of the CASI Conference, Montreal, QC, 2011.
G. J. Kennedy, Hansen, J. S., and Martins, J. R. R. A., “A Timoshenko beam theory with pressure corrections for layered orthotropic beams”, International Journal of Solids and Structures, vol. 48, pp. 2373–2382, 2011.
A. B. Lambe and Martins, J. R. R. A., “A Unified Description of MDO Architectures”, in Proceedings of the 9th World Congress on Structural and Multidisciplinary Optimization, Shizuoka, Japan, 2011.
P. W. Jansen, Perez, R. E., and Martins, J. R. R. A., “Aerostructural Optimization of Nonplanar Lifting Surfaces”, Journal of Aircraft, vol. 47, pp. 1491–1503, 2010.
Jansen2010a.pdf (1.4 MB)
S. Haghighat, Liu, H. H. T., and Martins, J. R. R. A., “Application of Robust Control Design Techniques to the Aeroservoelastic Design Optimization of a Very Flexible UAV Wing”, in Proceedings of the 13th AIAA/ISSMO Multidisciplinary Analysis Optimization Conference, Fort Worth, TX, 2010.
N. P. Tedford and Martins, J. R. R. A., “Benchmarking Multidisciplinary Design Optimization Algorithms”, Optimization and Engineering, vol. 11, pp. 159–183, 2010.
Tedford2010.pdf (979.1 KB)
G. K. W. Kenway, Kennedy, G. J., and Martins, J. R. R. A., “A CAD-Free Approach to High-Fidelity Aerostructural Optimization”, in Proceedings of the 13th AIAA/ISSMO Multidisciplinary Analysis Optimization Conference, Fort Worth, TX, 2010.
mao2010_final.pdf (5.8 MB)
J. R. R. A. Martins and Kostina, E. A., “Editorial –- Special Issue on Optimization and Engineering Applications”, 1, 2010.
Martins2010-Editorial---Special Issue on Optimization and Engineering Applications-b..pdf (129.36 KB)
A. B. Lambe and Martins, J. R. R. A., “A New Approach to Multidisciplinary Design Optimization via Internal Decomposition”, in Proceedings of the 13th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Fort Worth, TX, 2010.
Lambe_AIAA_MAO_2010_final.pdf (570.85 KB)
G. J. Kennedy and Martins, J. R. R. A., “Parallel Solution Methods for Aerostructural Analysis and Design Optimization”, in Proceedings of the 13th AIAA/ISSMO Multidisciplinary Analysis Optimization Conference, Forth Worth, TX, 2010.
C. A. Mader and Martins, J. R. R. A., “Stability-Constrained Aerodynamic Shape Optimization of a Flying Wing Configuration”, in Proceedings of the 13th AIAA/ISSMO Multidisciplinary Analysis Optimization Conference, Forth Worth, TX, 2010.
K. A. James and Martins, J. R. R. A., “Topology Optimization Using a Level Set Method with an Arbitrary Structured Mesh”, in 6th AIAA Multidisciplinary Design Optimization Specialist Conference, Orlando, FL, 2010.
S. Haghighat, Liu, H. H. T., and Martins, J. R. R. A., “Application of Model Predictive Control to Gust Loads Alleviation Systems”, in Proceedings of the AIAA Atmospheric Flight Mechanics Conference and Exhibit, Chicago, IL, 2009.
I. R. Chittick and Martins, J. R. R. A., “An Asymmetric Suboptimization Approach to Aerostructural Optimization”, Optimization and Engineering, vol. 10, pp. 133–152, 2009.
Chittick2009-An Asymmetric Suboptimization Approach to Aerostructural Optimizationa..pdf (777.03 KB)
R. Henderson and Martins, J. R. R. A., “Conceptual Design and Optimization of Environmentally-Friendly Aircraft”, in Proceedings of the 2009 SAE AeroTech Congress and Exhibition, 2009.
C. A. Mader and Martins, J. R. R. A., “A Discrete Adjoint Formulation for Stability Derivatives Using the ADjoint Approach”, in Proceedings of the CASI Conference, Kanata, ON, 2009.
S. Haghighat, Martins, J. R. R. A., and Liu, H. H. T., “Integrating an Active Control System with the Structural Design of a Flexible Wing Using Multidisciplinary Optimization”, in Proceedings of the International Forum on Aeroelasticity and Structural Dynamics, Seattle, USA, 2009.
K. A. James, Hansen, J. S., and Martins, J. R. R. A., “Structural topology optimization for multiple load cases using a dynamic aggregation technique”, Engineering Optimization, vol. 41, pp. 1103–1118, 2009.
James2009-Structural Topology Optimization for Multiple Load Cases-a..pdf (553.33 KB)
G. J. Kennedy, Martins, J. R. R. A., and Hansen, J. S., “Aerostructural Optimization of Aircraft Structures Using Asymmetric Subspace Optimization”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
G. J. Kennedy, Martins, J. R. R. A., and Hansen, J. S., “Aerostructural optimization of aircraft structures using asymmetric subspace optimization”, in 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
I. R. Chittick and Martins, J. R. R. A., “Aero-Structural Optimization Using Adjoint Coupled Post-Optimality Sensitivities”, Structural and Multidisciplinary Optimization, vol. 36, pp. 59–77, 2008.
Chittick2008-Aero-Structural Optimization Using Adjoint Coupled Post-Optimality-a..pdf (401.63 KB)
G. K. W. Kenway and Martins, J. R. R. A., “Aerostructural Shape Optimization of Wind Turbine Blades Considering Site-Specific Winds”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
victoria.pdf (1.53 MB)
A. T. Yu and Martins, J. R. R. A., “A Configurable B-Spline Parametrization Method for Structural Optimization of Wing Boxes”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
C. A. Mader, Kenway, G. K. W., and Martins, J. R. R. A., “A Framework for High-Fidelity Aerostructural Optimization of Aircraft Configurations”, in Proceedings of the International Conference on System Simulation and Scientific Computing, Beijing, China, 2008.
S. Haghighat, Liu, H. H. T., and Martins, J. R. R. A., “Modeling and Simulation of Flexible UAVs with Large Aspect Ratio”, in Proceedings of the International Conference on System Simulation and Scientific Computing, Beijing, China, 2008.
R. E. Perez, Henderson, R., and Martins, J. R. R. A., “Multidisciplinary Design Optimization of Airframe and Engine for Emissions Reduction”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
Q. Thomson and Martins, J. R. R. A., “Progressive Validity Trust Region Optimization Using a Kriging Metamodel”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
R. E. Perez and Martins, J. R. R. A., “pyACDT: An Object-Oriented Framework for Aircraft Design Modelling and Multidisciplinary Optimization”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
K. A. James, Hansen, J. S., and Martins, J. R. R. A., “Structural Topology Optimization for Multiple Load Cases While Avoiding Local Minima”, in Proceedings of the 4th AIAA Multidisciplinary Design Optimization Specialist Conference, Schaumburg, IL, 2008.
K. A. James and Martins, J. R. R. A., “Three-Dimensional Structural Topology Optimization of an Aircraft Wing Using Level Set Methods”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
C. A. Mader, Kenway, G. K. W., and Martins, J. R. R. A., “Towards High-Fidelity Aerostructural Optimization Using a Coupled ADjoint Approach”, in Proceedings of the 12th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Victoria, BC, 2008.
N. M. K. Poon and Martins, J. R. R. A., “An Adaptive Approach to Constraint Aggregation Using Adjoint Sensitivity Analysis”, Structural and Multidisciplinary Optimization, vol. 30, pp. 61–73, 2007.
I. R. Chittick and Martins, J. R. R. A., “A New Subspace Optimization Method for Aero-Structural Design”, in Proceedings of the 3rd AIAA Multidisciplinary Design Optimization Specialist Conference, Waikiki, HI, 2007.
A. T. Yu and Martins, J. R. R. A., “Structural Optimization of a Wing Box Using B-Spline Parametrization”, in Proceedings of the CASI Conference, {T}oronto, {ON}, 2007.
J. R. R. A. Martins and Chittick, I. R., “Subspace Optimization of Multidisciplinary Systems Using Coupled Post-Optimality Sensitivity Analysis”, in Proceedings of the 7th World Congress on Structural and Multidisciplinary Optimization, Seoul, South Korea, 2007.
J. R. R. A. Martins, Mader, C. A., and Alonso, J. J., “ADjoint: An Approach for Rapid Development of Discrete Adjoint Solvers”, in Proceedings of the 11th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Portsmouth, VA, 2006.
J. R. R. A. Martins, Alonso, J. J., and van der Weide, E., “An Automated Approach for Developing Discrete Adjoint Solvers”, in Proceedings of the 2nd AIAA Multidisciplinary Design Optimization Specialist Conference, Newport, RI, 2006.
N. P. Tedford and Martins, J. R. R. A., “On the Common Structure of MDO Problems: A Comparison of Architectures”, in Proceedings of the 11th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Portsmouth, VA, 2006.
N. P. Tedford and Martins, J. R. R. A., “Comparison of MDO Architectures within a Universal Framework”, in Proceedings of the 2nd AIAA Multidisciplinary Design Optimization Specialist Conference, Newport, RI, 2006.
P. Thokala and Martins, J. R. R. A., “Variable Complexity Methods Applied to Airfoil Design”, Engineering Optimization, vol. 39, pp. 271–286, 2006.
N. M. K. Poon and Martins, J. R. R. A., “Adaptive Constraint Aggregation for Structural Optimization Using Adjoint Sensitivities”, in Proceedings of the CASI Aircraft Design and Development Symposium, Toronto, ON, 2005.
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “A Coupled-Adjoint Sensitivity Analysis Method for High-Fidelity Aero-Structural Design”, Optimization and Engineering, vol. 6, pp. 33–62, 2005.
Martins2005-A Coupled-Adjoint Sensitivity Analysis Method for High-Fidelity Aero-Structural-a..pdf (593.6 KB)
A. T. Yu and Martins, J. R. R. A., “Efficient Coupled-Sensitivity Analysis Methods for Aero-Structural Optimization”, in Proceedings of the CASI Aircraft Design and Development Symposium, Toronto, {ON}, 2005.
J. R. R. A. Martins and Poon, N. M. K., “On Structural Optimization Using Constraint Aggregation”, in Proceedings of the 6th World Congress on Structural and Multidisciplinary Optimization, Rio de Janeiro, Brazil, 2005.
P. Thokala and Martins, J. R. R. A., “Variable Complexity Methods Applied to Airfoil Optimization”, in Proceedings of the CASI Aircraft Design and Development Symposium, Toronto, ON, 2005.
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “High-Fidelity Aerostructural Design Optimization of a Supersonic Business Jet”, Journal of Aircraft, vol. 41, pp. 523–530, 2004.
Martins2004-High-Fidelity Aerostructural Design Optimization of a Supersonic Business-a..pdf (2.01 MB)
J. J. Alonso, LeGresley, P., van der Weide, E., Martins, J. R. R. A., and Reuther, J. J., “pyMDO: A Framework for High-Fidelity Multi-Disciplinary Optimization”, in Proceedings of the 10th AIAA/ISSMO Multidisciplinary Analysis and Optimization Conference, Albany, {NY}, 2004.
J. R. R. A. Martins, Alonso, J. J., and LeGresley, P., “Aero-Structural Optimization of Aircraft Configurations Using Coupled-Sensitivity Analysis”, in Proceedings of the SIAM Conference on Computational Science and Engineering, San Diego, CA, 2003.
J. R. R. A. Martins, Sturdza, P., and Alonso, J. J., “The Complex-Step Derivative Approximation”, ACM Transactions on Mathematical Software, vol. 29, pp. 245–262, 2003.
Martins2003CSD.pdf (533.7 KB)
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “A Coupled-Adjoint Sensitivity Analysis Method for Aero-Structural Optimization”, in Proceedings of the CASI Aircraft Design and Development Symposium, Montréal, QC, 2003.
J. J. Alonso, Martins, J. R. R. A., Reuther, J. J., and Haimes, R., “High-Fidelity Aero-Structural Design Using a Parametric CAD-Based Model”, in Proceedings of the 16th AIAA Computational Fluid Dynamics Conference, Orlando, FL, 2003.
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “Complete Configuration Aero-Structural Optimization Using a Coupled Sensitivity Analysis Method”, in Proceedings of the 9th AIAA/ISSMO Symposium on Multidisciplinary Analysis and Optimization, Atlanta, GA, 2002.
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “High-Fidelity Aero-Structural Design Optimization of a Supersonic Business Jet”, in Proceedings of the 43rd AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics, and Materials Conference, Denver, CO, 2002.
J. R. R. A. Martins, Alonso, J. J., and Reuther, J. J., “Aero-Structural Wing Design Optimization Using High-Fidelity Sensitivity Analysis”, in Proceedings of the CEAS Conference on Multidisciplinary Aircraft Design and Optimization, Köln, Germany, 2001, pp. 211–226.
J. R. R. A. Martins, Sturdza, P., and Alonso, J. J., “The Connection Between the Complex-Step Derivative Approximation and Algorithmic Differentiation”, in Proceedings of the 39th AIAA Aerospace Sciences Meeting, Reno, NV, 2001.
J. R. R. A. Martins, Kroo, I. M., and Alonso, J. J., “An Automated Method for Sensitivity Analysis Using Complex Variables”, in Proceedings of the 38th AIAA Aerospace Sciences Meeting, Reno, NV, 2000.
J. J. Reuther, Alonso, J. J., Martins, J. R. R. A., and Smith, S. C., “A Coupled Aero-Structural Optimization Method for Complete Aircraft Configurations”, in Proceedings of the 37th AIAA Aerospace Sciences Meeting and Exhibit, Reno, NV, 1999.
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Reviews in Obstetrics & Gynecology »
Volume 3, No 1 - Winter 2010
Moving Ahead With Tort Reform: A Plea for “Expert” Experts
James A. Greenberg, Errol R. Norwitz
Pessary Use in Pelvic Organ Prolapse and Urinary Incontinence Treatment Update
With the aging population in the United States, there has been a renewed interest in pessaries as a conservative alternative to surgical repair for pelvic organ prolapse (POP). They present a good option for patients who have not completed childbearing, do not desire surgery, or are poor surgical candidates. Long-term pessary use is a safe and effective option for patients with POP and stress urinary incontinence. Although serious side effects are infrequent, insertion and removal of most pessary types still pose a challenge for many patients. Pessary design should continue to improve, making its use a more attractive option.[Rev Obstet Gynecol. 2010;3(1):3-9 doi: 10.3909/riog0110]
Keisha A. Jones, Oz Harmanli
Late Preterm Birth Disease State Review
In the United States, preterm birth rates continue to rise. Many reasons account for this increase, such as demographic changes, infertility treatments, increases in maternal age, more multiple gestations, increasing obesity rates, and maternal comorbid conditions. The American College of Obstetricians and Gynecologists suggests that preterm birth rates have also increased because of a dramatic rise in late preterm births, defined as births between 34 weeks and 36-6/7 weeks of gestation. Late preterm newborns are the fastest growing subset of neonates, accounting for approximately 74% of all preterm births and about 8% of total births. Reviewed is the current literature with regard to the growing problem of late preterm birth to provide the reader with a comprehensive overview of the burden of late preterm birth and to reassess the clinical opinion regarding timing of delivery.[Rev Obstet Gynecol. 2010;3(1):10-19 doi: 10.3909/riog0098]
Ryan W. Loftin, Mounira Habli, Candice Snyder, Clint M. Cormier, David F. Lewis, Emily A. DeFranco
Contemporary Management of Fibroids in Pregnancy Management Update
Uterine fibroids are a very common finding in women of reproductive age. The majority of fibroids do not change their size during pregnancy, but one-third may grow in the first trimester. Although the data are conflicting and most women with fibroids have uneventful pregnancies, the weight of evidence in the literature suggests that uterine fibroids are associated with an increased rate of spontaneous miscarriage, preterm labor, placenta abruption, malpresentation, labor dystocia, cesarean delivery, and postpartum hemorrhage.[Rev Obstet Gynecol. 2010;3(1):20-27 doi: 10.3909/riog0101]
Hee Joong Lee, Errol R. Norwitz, Julia Shaw
Schistosomiasis: Health Effects on Women Women’s Health in the Developing World
Schistosomiasis is a parasitic infection endemic in 74 resource-poor nations that affects approximately 200 million people. Schistosomes are water-borne flatworms or blood flukes that enter the human body through the skin. Some symptoms of schistosomiasis include fever, arthralgias, abdominal pain, bloody diarrhea, and hematuria. Ultimately, patients develop heptosplenomegaly, ascites, and lymphadenopathy. Schistosomiasis is a neglected tropical disease, and its global health impact is grossly underestimated. Women suffer considerably from female genital schistosomiasis that causes infertility, preterm labor, anemia, menstrual disorders, and dyspareunia. More effort is needed to prevent schistosomiasis. Treating pregnant and lactating women decreases the disease burden and improves maternal and fetal outcome.[Rev Obstet Gynecol. 2010;3(1):28-32 doi: 10.3909/riog0109]
Nawal M Nour
Human Papillomavirus Reviewing the Literature
Birthing Reviewing the Literature
Vaginal Birth After Cesarean Reviewing the Literature
Oxytocin Abuse Reviewing the Literature
Miscellaneous Reviewing the Literature
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San Diego County Sheriff's Department
Friday October 20th, 2017 :: 09:58 a.m. PDT
Wanted Fugitive - Clemente Cervantes
Every month, the Sheriff's Department works with the San Diego Regional Fugitive Task Force (FTF) and Crime Stoppers to find and arrest people wanted for committing crimes.
Be on the lookout for 46-year-old Clemente Cervantes. He is wanted for failing to register as a sex offender. He has previous convictions for parole violations, grand theft, burglary, rape and failing to register as a sex offender.
Cervantes is known to frequent the Southeastern and Mid-City areas of San Diego.
Anyone with information on Cervantes' whereabouts is urged to call the Crime Stoppers anonymous tip line at (888) 580-8477. You could be eligible for up to a $1,000 reward for information that leads to an arrest.
Anonymous email and text messages can be sent in via www.sdcrimestoppers.org.
For a bigger photo of Cervantes, follow us on Twitter: @SDSheriff.
To learn about wanted fugitives in San Diego County, visit www.sdsheriff.net/wanted.
9621 Ridgehaven Ct
See more messages from San Diego, California »
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Women Who Fantasise About Group Sex Can Be Lawfully Raped, Says UK Court
by Peter Tatchell
Fri 22nd Jan 2010
Watch out. If you have ever had fantasies about group sex and shared them with another person, you have forfeited your right to say no to sex and can be lawfully raped. This seems to be the judgement in a Bolton rape case at Preston Crown Court last week, when a woman was denied the right to have her alleged rapists put on trial.
Proceedings were stopped and five men were cleared of raping and conspiring to rape a 24 year old Liverpool woman after it emerged that she had confided online about her group sex fantasies. She shared these fantasies with a Bolton man over the internet and then went to visit him. She says her intention was to have sex with him and with no one else. But when she arrived at his house, she was confronted by several men, some of whom allegedly raped her - though they denied doing so.
We will never know for sure what happened because the trial was halted when excerpts from the women's MSN chatlogs were produced. They showed her expressing fantasies about having an orgy.
Prosecutor Michael Leeming said: "There is material in the chatlogs from the complainant, who is prepared to entertain ideas of group sex with strangers, where, to use her words, 'her morals go out of the window'.....This material does paint a wholly different light as far as this case is concerned....We take the view that it would not be appropriate to offer any evidence."
Judge Robert Brown concurred. He ordered the jury to return not guilty verdicts for rape and conspiracy to rape against the five defendants, telling them: "This case depended on the complainant's credibility....Not to put too fine a point on it, her credibility was shot to pieces."
All nine media reports of this case give the same account. I presume they are accurate. If so, I am stunned that such sexist and moralistic thinking still exists in our courts in the twenty-first century.
The judge and prosecutor appear to have come close to suggesting that the alleged victim had, by sharing her group sex fantasies, invited the rape; that given her racy sexual mores she had only herself to blame. Having heard she was open to the idea of an orgy, the five men were, it seems, entitled to believe that she was their's for the taking. They could not be expected to restrain themselves, even after she allegedly said 'no.'
If this was the case, such thinking appears to be a throw-back to the days when rapists sometimes escaped justice by pleading that they were provoked by the sight of a woman walking alone at night wearing a short dress or a plunging neckline. In other words, "provocative" women were to blame, not the rapists.
It was often suggested in the 1970s that women should modify their behaviour to ensure they didn't tempt the uncontrollable lusts of men. Isn't this case an echo of that mentality? Based on the news reports, the decision to drop the rape charges seems to be riddled with misogyny.
When a person does not consent to sex, it is rape, regardless of their gender, social background, sexual history or erotic fantasies. No means no - and there are, or should be, no exceptions.
Even if a person initially consents to sex, they have a right to change their mind and withdraw consent. Sex after a person has said 'no' or 'stop' is rape - regardless of the person's sexual fantasies and irrespective of whether they were previously chaste or promiscuous.
Rape is rape, period. Having an adventurous sexual appetite and being a so-called 'loose' woman or man should not place a person outside the protection of the law.
Yet this is what seems to have happened in the Bolton rape case. The alleged victim appears to have been judged, at least in part, by her sexual thoughts; with the implication that her mere interest in the idea of group sex rendered her immoral and not a credible witness. Unbelievable in 2010!
Whatever you think about orgies, I know of no evidence that would-be orgy participants are less honest than other people and less credible as court witnesses. How does fantasising about sex with multiple partners result in the woman's credibility being "shot to pieces," as the judge put it?
Either she was raped or not. That is the issue, not her erotic day-dreams and online musings. Court decisions should be based on relevant evidence, not on irrelevant MSN messages. The prosecution ought to have revolved solely on the question of whether she consented and whether a rape took place.
The woman's orgiastic fantasies and her sharing of them over the internet with a willing recipient is not a crime. She was not inviting rape. Group sex is sex with consent. Rape is not.
People entertain all kinds of sexual fantasies, from sex with celebrities to SM bondage, midnight forest romps, bisexual threesomes and romantic mountain top trysts. Such fantasies may not turn you on, but I say: live and let live.
Harmless sexual imaginings should not be allowed to interfere with the dispensing of justice by our courts. If the young woman was raped, I hope she appeals and wins, for the sake of all women - and men - everywhere. Justice demands it. No means no, always!
The BBC website's report of the case appears here: http://news.bbc.co.uk/1/hi/england/manchester/8455161.stm
MORE BY PETER TATCHELL
My journey from Christianity to Humanism
Machismo underpins war and tyranny
Peter Tatchell - Margaret Thatcher: Extraordinary but heartless
Change of Pope must bring change of policies
Allan Horsfall 1927-2012: In remembrance
An Age of Consent of 14?
Saudi Sheik's Obsession with Sex Fatwas
Bullying and Hijacking Muslim Women’s Voices in the UK Live on Air
The 'Boris Keep Your Promise' Campaign
rape sex fantasies case sexual group court woman raped men person alleged women credibility seems consent appears bolton orgy rapists
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Memorable Manitobans: Joseph Teres (1921-1976)
Born in East Kildonan, his family moved to Transcona when he was 12. He was educated at the Transcona Central School, United College, and University of Manitoba. During his youth, he was active in baseball, being known as “Mr. Shortstop” of Manitoba. In 1948, he became a constable with the Transcona Police Department, rising through the ranks to become Chief of Police in 1960. During the Unicity amalgamation that resulted in the formation of the City of Winnipeg police force, he was selected as Superintendent of District 4 including Transcona, East Kildonan, North Kildonan, and Elmwood. One of the founders of the Transcona Kiwanis Senior Citizens Centre, he was a member of the Transcona Golf and Country Club, Sandy Hook Golf Club, Kiwanis (Past-President), Transcona Curling Association, Rod and Gun Club, and Transcona Memorial United Church. On 20 March 1976, he died of a heart attack at Winnipeg and was buried in the Transcona Cemetery. He is commemorated by Joseph Teres School.
Historic Sites of Manitoba: Joseph Teres School (131 Sandford Fleming Road, Winnipeg)
Obituary, Winnipeg Free Press, 23 March 1976, page 31.
“School name a tribute to Teres,” Winnipeg Free Press Weekly, Northeast Edition, 1 November 1987.
This page was prepared by Nathan Kramer and Gordon Goldsborough.
Page revised: 13 September 2014
This is a collection of noteworthy Manitobans from the past, compiled by the Manitoba Historical Society.
Search the collection by word or phrase, name, place, occupation or other text:
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Send corrections and additions to the Memorable Manitobans Administrator at biographies@mhs.mb.ca
Criteria for Memorable Manitobans | Suggest a Memorable Manitoban | Our Inspiration | Acknowledgements
Support the MHS and
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Gender Trouble
Judith Butler is an American theorist who has written about lots of things including gender, queer theory (which is about deconstructing ideas of gender and sexuality), politics and ethics.
The question at the heart of her book, “Gender Trouble” is this: if we take on board Foucault's critique of the way that sexuality is constructed by discourse, and recognise that both gender and even biological sex are at least partly social constructs (see my post on Laqueur if this all sounds like nonsense to you), what does this mean for feminism? How can feminists take political action on behalf of “women” when the category of “women” is constructed by the very same society which oppresses women? Not only is the category a construct, but by constructing the categories of sex and gender, society excludes people who don't fit neatly into those categories – transgendered people, gay and lesbian people, hermaphrodites - it refuses to acknowledge their existence, and so forces them either to conform to categories which don't fit them, or to be classed as non-people. Does feminism become another form of oppression by fighting for “women”'s rights, and how can it avoid being just another form of oppression?
Butler argues that identity politics (i.e. taking political action on behalf of a particular group of people, united by some aspect of their identity e.g. feminism, civil rights, gay rights) tends to assume that identity exists outside of society's discourses, that identities are separate to the stories we tell in society about who people are. But, she says, even if anything exists outside of discourse, we can't ever get to it without going through discourse to get there. People might be physically male or female, but we can only ever understand maleness and femaleness through the stories we tell in society about what it means to be male and female. She argues that there isn't a “doer behind the deed”, but that actually every individual is constituted by the discourses they take part in. We can't get to a “prediscursive” self - we can't find out who we are before and behind the stories we tell about ourselves and each other, because it's those stories and the way we enact them in our relationships within society that constitute our identity. Identity is a practice - it's something we do, a way we engage with the stories around us and reshape them. But stable identities are created by repetition – I think of myself as a woman because people tell me that I am repeatedly, and I participate in behaviour which reinforces that identity like wearing skirts, growing my hair long, buying lots of shoes, wearing make up. Butler calls this “gender performativity”: gender is a role we play for ourselves and other people. The fact that our performances need to be constantly repeated (one chick flick does not a woman make) means that they aren't necessarily stable – we can retell them and reenact them in ways which subvert them and subtly alter their meaning and therefore the definition of different categories.
Butler argues, therefore, that political action on behalf of any particular identity should consist in retelling and reenacting stories of identity but in a way which subverts and therefore radically alters them. She argues that gender parody – gender performance but with subtle differences which undermine existing ideas of what gender is – is the way to take political action to change oppressive ideas of what gender is. The more different stories we tell and enact about what it means to be male and female, the harder it will be to hold onto existing stories which oppress and exclude people. As examples of the sort of parody she is talking about, Butler uses drag as an example. Drag makes fun of the notion of an inherent gender identity by saying that gender is really just an appearance and an act – the outside is feminine and the interior masculine, but it also says that, for the person in drag, while they may be physically (i.e. externally) male, they're female on the inside. They're masculine and feminine both interiorly and exteriorly, and so any ideas we might have about absolute gender identity start to stretch at the seams and hopefully get a bit more spacious and a bit less oppressive.
I'll talk about this more some other time, as I'm reading a lot about gender at the moment, but the sort of ideas Butler talks about are really interesting from a theological point of view. On the one hand, the Bible says that God created humankind “male and female”; on the other hand, “in Christ there is no...male or female.” A lot of theological discussion at the moment seems to argue either that gender is something intrinsic to us, and part of our being made in the image of God, or that actually, Christian eschatology suggests that gender is not something which will carry over into the new heavens and the new earth, that our Christian identity as the body of Christ relativises all our other identities, and that subverting gender identities is deeply Christian and part of our call to live out the values of the kingdom of God on earth.
Labels: Femininity, Feminism, Foucault, Gender, Judith Butler, Sex
Heresies: Gnosticism
Thomas Aquinas and the end of humankind
Evil as deprivation
The Death of Christian Britain
NT Wright and the New Perspective on Paul
Meet Thomas Aquinas
Jesus: The Brat Years
Subliminal eroticism in contemporary charismatic w...
Our God - a Great Big God?
Plato's Symposium
Foucault - History of Sexuality
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Amanda McMullen to Lead New Bedford Whaling Museum
Amanda McMullen
March 22, 2018 The New Bedford Whaling Museum, a New Bedford nonprofit that educates the public about the historic interaction of humans with whales, recently announced that Amanda D. McMullen has been appointed as the next president and chief executive officer of the 115-year-old organization.
McMullen succeeds James Russell who stepped down last summer, after nine years, to accept a position at the Nantucket Historical Society.
McMullen, who has more than 20 years of experience working with nonprofits in senior management and fundraising positions, was selected following an international search. She will assume her responsibilities on May 7.
Carol M. Taylor, board chair of the New Bedford Whaling Museum, said, We are delighted to welcome Amanda to the Whaling Museum and New Bedford. With a strong record of leadership and accomplishments, she is poised to contribute to the current momentum and growth within the regions arts and culture community. The board is confident that Ms. McMullen will enhance the museums impact and advance its mission and strategic priorities.
The museum noted that McMullen "will work to ensure the continued position of the museum as the landmark cultural organization in the region and the preeminent whaling era resource in the country."
McMullen currently serves chief operating officer for the Meeting Street, a nonprofit in Providence, Rhode Island regarded as a leader in education and child development, which also operates the Schwartz Center in Dartmouth. In that capacity, she directs programmatic, operational, marketing, and philanthropic activities.
Previously, she served as chief strategy officer and senior director, external relations for Meeting Street. She directed corporate sponsorship activities for the Smithsonian Institutions traveling exhibitions and was director of leadership giving for the United Way of Massachusetts Bay. McMullen also served as the capital campaign coordinator for the Isabella Stewart Gardner Museum in Boston.
"I am excited to join the team at the New Bedford Whaling Museum, and I look forward to working in partnership with the board, staff, and volunteers as we continue to play a critical role in understanding and celebrating the many vibrant stories of the greater New Bedford community, said McMullen.
McMullen holds a Bachelor of Art degree from Syracuse University and is a graduate of Leadership Rhode Island (Theta II Class). She is a recipient of the 40 under 40 Award and the 2016 Chief Operating Officer of the Year/C-Suite Award from Providence Business News.
Under Russells direction, the museum has developed more than 100 partnerships with regional, national, and international entities, ranging from local school systems to the government of the Azores, and the U.S. Navy. The museums efforts have led to a satellite museum in Cabo Verde.
During his tenure, the nationally recognized Apprenticeship Program was founded, targeting underserved New Bedford high school students with a paid mentorship program at the museum, leading to 100% high school graduation rates and successful continuation into further education.
Founded in 1903, the museum, also known as the Old Dartmouth Historical Society, is regarded today as a global center for scholarly research on 19th and 20th century whaling technology. It is home to the worlds largest ship model, Lagoda, a half-scale whale ship built in 1916 by the aging shipwrights of New Bedfords famed fleet. In 2016, he welcomed 96,000 visitors, six percent more than the year before.
For the year ending Dec. 31, 2016, the museum reported $3.99 million in operational revenue, of which $941,000 came from grants and restricted support, and $4.44 million in operational expenses, according to its most recently available audited financial statements.
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Blog: Stage Times Furore
Yesterday there was an article in one of the tawdry free tabloids saying that The 100 Club were going to stop publishing stage times. This caused an ONLINE FURORE with sensible people pointing out the 300,000,000 very good reasons why this was stupid, some Perfectly Nice People saying "It's to make you see the support band" and 17 wazzocks saying "It's about the music maaaan."
The 100 Club claimed that the reason they were doing it was to force people to come early and see the support bands because, hey, they could be the next big band, yeah? Obviously this is a load of bollocks, as the only reason they want people there early (as casually mentioned in a follow-up on the BBC) is so that you're forced to spend more money at the bar while you wait. "If people come here and see another band we are going to make a bit more money but it's not going to pay the rent on Oxford Street," he says. No, I imagine you make that money from hiring out the venue, what with that being YOUR BUSINESS and everything. Also, if venues like The 100 Club were ACTUALLY PLEASANT places to be in, and sold beer that DIDN'T turn you inside out the next morning, then people WOULD spend more time in there, rather than going to one of the MANY much much nicer around Oxford Street (who I imagine also pay rent) before heading down to see the band they had ACTUALLY PAID FOR. As The Beer In My Glass remarked when we discussed this, if the venue did things like telling you ACCURATE times when you went there you'd have a much nicer time and so would be MORE likely to go AGANE and spend MORE money too!
I'm all for going and seeing the support band, having been a support band for the VAST majority of my gigs, but if you are the ARTISTE you specifically DO NOT want an audience of people who explicitly DO NOT WANT TO BE THERE. These are the absolute WORST people to try and play for - they will refuse to listen and talk LOUDLY all through your set, spoiling it for anyone who actually DOES want to see you, and will on occasion get on stage and try to PHYSICALLY REMOVE you so that their mates can come on and, invariably, play an hour of "blues funk with an indie twist", generally while wearing HATS.
What you need is a set-up like they used to have at the Bull & Gate, back in the 1890s when I used to play there. That had an ACTUAL PUB which you could sit in and chat, undisturbed by whatever dreadful nonsense you were sharing the bill with, a dedicated GIG ROOM without a bar or toilets which was JUST for seeing bands in, and between the two a sort of halfway house with a BAR and some seats where you could hear the bands and, if you were curious, pop in to see them. This meant that punters could CHOOSE to go and look at someone they'd not seen before, rather than be forced to SHOUT over them, and once they were in it was up to the BAND to try and KEEP them there.
It all comes down, I reckon, to who you think that gigs are FOR. I have been a gig-goer, a promoter and, of course, an International Rock Star, and in all those guises it has been clear to me that a gig is for THE BLOODY AUDIENCE. They're the ones who've come out to be entertained and have often PAID for the privilege. It's the JOB of the promoter to persuade them to come (by doing things like TELLING THEM WHEN IT'S HAPPENING), and of the band to ENTERTAIN them when they get there to such an extent that they a) want to come again and b) buy your MERCH. Oh and, of course, c) GET THEIR MINDS BLOWN BY HOW AWESOME YOU ARE.
Sadly, many many bands what I have experienced over the years think the gig is for THEM. These are the ones who have all the costumes and pre-worked BANTER who get upset if it doesn't go exactly how they imagined, or the ones who do not even LOOK at the audience, let alone speak, and then complain that they didn't clap enough. These sort of bands or acts would be MUCH happier if they stayed in the rehearsal room, and to be honest so would the rest of us!
In conclusion, then, I would say that it IS worth going to see support bands - they're usually crap because ALL bands are usually crap, but occasionally one isn't - but GOOD LORD if you have bothered to turn up then, as long as you don't spoil it for other people by e.g. standing at the front and talking loudly all the bloody way through the gig, you are free to come and go as you PLEASE. Any band, or promoter, that thinks otherwise does not deserve an audience in the first place!
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Hotel or Airbnb? New Travel Site Says It Offers the Best of Both
By Christopher Elliott
When Sandra Sabatini booked a short-term rental apartment in Vancouver this summer, she got more than she bargained for.
Sabatini’s $80-per-night accommodations, which she describes as “beautifully decorated and spare” were part of a lodging industry experiment that launches today. Sonder is a startup that is trying to combine the reliability of a hotel with the authenticity of a rental. In a sense, it may have already succeeded.
The site, named for the German word for “special,” has been testing its concept for the last several months through Airbnb and other online booking sites. It aims to find a space between hotels, with their standardized list of amenities and services, and home rentals, which can offer more privacy and space and, often, lower cost.
Sonder describes its units, such as the one Sabatini booked, as “hometels” and requires each apartment to pass a rigorous 237-point inspection before joining its collection.
The Sonder idea isn’t necessarily new. The $29 billion-a-year private accommodation market has struggled with its uneven accommodations for as long as rooms have been rented. Professionally-managed rentals and at least one other startup have tried to address the inconsistency that travelers can encounter between properties. And while Sonder represents one of the most organized efforts to date to fix the problem, some guests already seem to be thinking differently about their accommodations. It’s an idea that may be of benefit to you when you look for lodging options during the upcoming holiday travel season.
“Like being at home, only better”
“Sonder’s premise is that there’s no need to choose between the dependability and security offered by the known hotel brands, and the better value, the larger space, and the character of a short-term rental,” explains Francis Davison, Sonder’s co-founder and CEO. “You can have both.”
And both is what Sabatini says she received in Vancouver.
The unit came with everything she would want in an apartment, such as modern appliances, but was as well maintained as a hotel.
“It was like being at home, only better,” says Sabatini, a writer who lives in Guelph, Canada. “No clutter, no repairs. Everything works, everything is clean and it is all at your disposal. No calling up the front desk, no noise from wedding receptions or partying teenagers. It was lovely.”
She didn’t have to call the front desk, but if she had to, Sonder offers a 24/7 concierge service for its guests. But it also addresses some of the rental industry’s shortcomings by ensuring each bathroom is fully stocked with hotel-like amenities, such as shampoo, conditioner, soap, and body lotion. Sonder’s kitchens include a minimum complement of pots, pans, plates, and place settings, plus a microwave, stove, and coffee pot.
The units also come with fast, reliable Wi-Fi with speeds of at least 10 Mbps, and at no extra charge.
A “mainstreaming” trend
What’s happening behind the scenes—and how can you benefit from it on your next vacation?
Douglas Quinby, a vice president for research at the travel industry research firm Phocuswright, says Sonder is part of a trend toward the mainstreaming of alternative accommodation.
Increasingly, travelers will be able to easily compare a Hyatt, a Hilton, an independent hotel, and Joe’s apartment, all in one search display, he predicts.
“This is already happening—more and more, travelers are cross-shopping all forms of accommodation,” he says. “Travelers don’t think in our industry silos, and the travel industry needs to make it easier for travelers to find the best accommodation for them.”
In other words, travelers already aren’t really differentiating between hotels and rentals. Instead, they’re focusing on the amenities and services they receive with their accommodations. Travel agencies and online sites are following suit.
Leisure travel opportunity
That more or less describes how Alejandro Liberman felt when he rented a Sonder apartment in Boston this summer through Airbnb while the company was still in test mode. “The apartment was beautiful, spacious, light, and nicely decorated,” says Liberman, a geologist from Buenos Aires.
He paid $1,055 for a week, which came to about $176 a night, plus an $80 cleaning fee and $94 service charge. But, he adds, “any three star hotel room would cost that or more.” (Both Liberman and Sabatini say they’d stay in a Sonder apartment again.)
READ NEXT: MONEY’s Best in Travel 2016
Sonder isn’t alone in this new crossover market. Another company, Oasis Collections (its motto: “Home Meets Hotel”) is vying for guests who want the best of both worlds. Initially, they’re targeting corporate travelers, which may be a big opportunity for leisure travelers who are looking for a hotel-like experience. After all, Thanksgiving and Christmas weeks—the busiest for leisure travel—are slow times for business travel.
Sonder will offer more than 500 hometels in Boston, Chicago, Los Angeles, Montreal, San Diego, and Vancouver. It plans to open inventory in Miami, New York, San Francisco and Toronto by the end of the year. But the real growth isn’t something you’ll be able to track in a spreadsheet. Quinby says the effect of Sonder and Oasis on the lodging industry could be profound. More rentals will embrace standards—and more travelers could cross over and try a hometel.
Christopher Elliott is Money’s reader advocate. Email him at chris@elliott.org or get help with your problem at his consumer advocacy site.
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Muriel Rukeyeser Website
The Muriel Rukeyeser Living Archive
Ruke Blog
Re/Considering Muriel Rukeyser’s The Life of Poetry
(The panel will convene Thursday, January 7, 2016, 12-1:15pm, at the MLA Convention in Austin, Texas)
The Life of Poetry (1949) is Muriel Rukeyser’s most influential and challenging contribution to 20th-C. American literary culture and criticism. This roundtable will consider various approaches to reading this interdisciplinary work, including archival theory, eco-criticism, pragmatism, human rights, war studies, digital humanities, gender studies, and committed writing, with particular attention to how the work continues to resonate in the present.
Following the success of the MLA 2013 Muriel Rukeyser Centennial Roundtable, and in light of the newly awakened field of Rukeyser studies, this roundtable will consider one of Rukeyser’s most influential and challenging contributions to twentieth-century American literary culture, her seminal work of criticism The Life of Poetry. Based on lectures Rukeyser delivered during the war and published in 1949, The Life of Poetry is a wide-ranging interdisciplinary meditation on poetics, politics, art, philosophy, music, science, war, peace, protest, the environment, and literary lineages, among other subjects. It is a work very much in conversation with its historical moment—the 1940s through the Cold War—but its antecedents and legacies are far-reaching, and its insights into the relationships between art and politics remain urgent. For those writing on Rukeyser and the related fields of committed literatures, experimental poetics, eco-criticism, war studies, American pragmatism, science and literature, The Life of Poetry is an oft cited text, yet there has been no critical consideration of the work itself. While this seems like a striking oversight, it is not altogether surprising, considering that Rukeyser herself endured an uneven critical reception throughout her life, at times highly lauded and praised as the “best” of her generation, at other times denigrated and marginalized. Such uneven reception has been due, in part, to Rukeyser’s diverse and eclectic oeuvre, one that defies formal categorization and literary schools. Her work traverses disciplinary and formal boundaries, including fiction, biography, film, theoretical texts, and poetry—often combining genres. Documenting the changing cultural, political, and artistic landscapes of the twentieth century, it is particularly attuned to suppressed and marginalized narratives. While her blurring of the boundaries between politics and aesthetics, gender and genre, scholar and amateur, has often resulted in her exclusion from canonical literary histories, it is precisely this hybrid interdisciplinary that makes her work particularly resonant right now. The Life of Poetry is both her best example of this interdisciplinarity and a treatise on its necessity; it is an ars poetica and call to action, a philosophical meditation and a deeply rigorous investigation into the inter-connected disciplines that make up an American literary tradition. As such, The Life of Poetry deserves an equally rigorous critical consideration, a conversation this roundtable intends to begin.
The past three years have proven to be a productive time for Rukeyser studies. They have seen the publication of her lost novel Savage Coast (Feminist Press); a recent scholarly monograph on her work (from Edinburgh University Press); a dedicated special issue of JNT: The Journal of Narrative Theory; the launch of an interactive website and digital archive at Eastern Michigan University, and a noticeable rise in panels and dissertations on Rukeyser’s work. Other monographs, a scholarly edition, and an extensive biography (forthcoming from Knopf) are in the works. With a desire to keep this momentum alive, this roundtable will include both established and emerging scholars. Since The Life of Poetry is central to any project on Rukeyser, a dedicated roundtable seems both necessary and fruitful; likewise, since the text has broader implications in the fields of American studies, digital humanities, refugee studies, ethnic studies, film studies, editorial and archival theories,ecopoetics, transatlantic studies, gender studies and pedagogy, it is a subject that will be of interest to a wide audience beyond Rukeyser scholars. The panel will include a presider and six participants. Each participant has been asked to speak briefly on an aspect of The Life of Poetry; this will be followed by a discussion between panelists and audience members.
Dr. Eric Keenaghan, who is currently editing the original lectures, called The Usable Truth, upon which The Life of Poetry is based, will discuss Rukeyser’s process of (re)composition in the context of an evolving Cold War “power-culture.” Dr. Stefania Heim, editor of Rukeyser’s Darwin and the Writers (CUNY 2010), will discuss The Life of Poetry and Rukeyser’s feminine poetics of war. Dr. Catherine Gander, author of the monograph Muriel Rukeyser and Documentary: The Poetics of Connection (Edinburgh 2013), will discuss The Life of Poetry in context of the American pragmatist tradition, exploring the influences of John Dewey, Charles Sanders Peirce, and William James on Rukeyser’s text, and the way the work anticipates developments in pragmatism and its related fields of cognitive studies and neuroaesthetics. Dr. Cecily Parks, a poet who’s scholarship focuses on women writers and eco-criticisms, will discuss The Life of Poetry’s foundational place in ecopoetics, arguing that Rukeyser’s literary-activist essay reinforces an environmental context for poetic responsibility, and that her treatment of poetry as a “resource” anticipates a contemporary environmentalist discourse on consumption and sustainability, situating poetry squarely within it. Dr. Elisabeth Däumer, who has developed an interactive, interdisciplinary website designed to serve as a central resource for readers, scholars, and teachers of Rukeyser’s multi-facetted work (murielrukeyser.emuenglish.org), will discuss The Life of Poetry in context of ecopoetics as well, showing how Rukeyser argues for an understanding of poetry as a Commons—-an essential resource used by everyone and owned by none. Hadji Bakara, who is writing his dissertation on Rukeyser, will explore the image of the refugee in The Life of Poetry and consider Rukeyser’s engagement with and contribution to the practice and discourse of international human rights. Finally, Dr. Rowena Kennedy-Epstein, editor of Rukeyser’s lost Spanish Civil War novel Savage Coast (Feminist Press 2013), will discuss The Life of Poetry as a pivotal text in reading for a counter-canon in American literature, one that challenges Cold War political and gender ideologies, as well as New Critical orthodoxies.
This roundtable is meant to open up new discussions on a germinal work that has implications for studies across many fields, and offers new ways to think about how we read twentieth-century literary culture. While each of the participant’s topic is worthy of a much longer talk, it is our hope that the materials presented here will en-gender interest in new and exciting scholarship on The Life of Poetry.
The Power of Suicide: Muriel Rukeyser’s Poetic Responses to Sylvia Plath
Discovering Muriel Rukeyser as a Young Writer
Muriel Rukeyser and Other Writers
On the centenary of Muriel Rukeyser’s birth: the lives of a poet
‘Islands’: Dragging Our Heads Back
Waterlily Fire
The Iris-Eaters
The Book of the Dead
The Overthrow of One O'Clock at Night
Copyright © 2019 · Elisabeth Däumer and Bill Rukeyser · site by Organic Bytes
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Maybe the ‘Gig Economy’ Has Not Arrived – Yet
Maybe rideshare drivers aren’t the wave of the immediate future after all. Photo: Mike Coppola/Getty Images for Lyft
We all know that the “gig economy” — in which people can’t count on regular pay — is the new paradigm. With thriving new companies like Uber and Lyft and a long-term trend in which employers seek to classify employees as “independent contractors” to minimize pay and benefit rules, the remaking of the job market is here. Right?
Well, maybe not so fast, according to new Labor Department data, as reported by The Wall Street Journal’s Eric Morath:
The Labor Department’s Bureau of Labor Statistics released on Thursday its survey of contingent and alternative workers for the first time in 13 years. It showed the fraction of workers employed as independent contractors was 6.9% in May 2017, down from 7.4% in February 2005, the last time the survey was taken. The broadest measure of the share of workers who are contingent—meaning they don’t expect their jobs to last more than an additional year—was 3.8% last year, down from 4.1% in 2005.
Whoa. That sounds so, so old school. And there has been some head-scratching among economists:
“It’s a little surprising that things haven’t changed more,” said Lucas Puente, economist at Thumbtack, a San Francisco company with an app that connects professionals such as graphic artists and personal trainers to gigs. “That was counter to what I was expecting.”
However, Mr. Puente’s analysis of the Labor data showed a large increase in such contractors working in transportation—think Lyft drivers—and professional and business services, which would capture many on platforms like Thumbtack. Use of independent contractors fell sharply in construction, retail and finance.
So maybe the radical transformation has been confined to one sector. But if that is the case, maybe that sector doesn’t necessarily foretell where the entire economy is going.
We have been here before, of course. During the 1990s as e-c0mmerce emerged we were often led to believe it was a deadly threat to brick-and-mortar retailers. But it wasn’t — until it was, years later. Now there are all sorts of hybrid models for retailing out there that combine online and in-person shopping experiences. So maybe corporate America is already adapting to the inevitable backlash to the “gig economy,” or maybe the terrible things associated with the “gig economy” are still unfolding.
The bottom line is to look at the data for economic trends before getting too caught up in the “narratives.” And beyond that, there is an abiding moral argument to make against the “gig economy” — whether or not it is taking over the economy.
At least the GOP isn’t running with Trump’s rhetoric
Sen. Josh Hawley tonight: “It’s time we ended this cosmopolitan experiment and recovered the promise of our republic. Let’s start with this: America is not going to become the rest of the world, and the rest of the world is not going to become America.”
—@BennettJonah
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Home > Life > You Can Now Stay In Historical Castles For $50 A Night
You Can Now Stay In Historical Castles For $50 A Night
Ilana Gordon, 1 year ago 0 4 min read 3
Sleep in the four-bedroom mansion where Kipling wrote ‘The Jungle Book,’ and more.
Rental sharing sites like Airbnb make it easier than ever for travelers to live like locals during their holidays. But adventurers with an interest in history might want to consider looking into The Landmark Trust, a charity that transforms neglected historical buildings into vacation rentals.
The UK-based organization has rescued more than 200 properties scattered throughout Britain, Italy, France and Belgium. The houses range in size, location, price and historical significance: for some of the less conventional offerings, travelers can stay in mills, train stations, water towers, mines and prisons. (Seriously.)
Some of the buildings are pet friendly. If you really want to get off the grid, some have no cell service.
Every year, The Landmark Trust receives over 100 submissions from buildings asking to be restored. So they have to be selective when choosing their projects. To qualify, a building must be historically, culturally or architecturally significant.
The space must also be comfortable enough for visitors to want to stay there, and the Trust needs to believe that the building will be destroyed if the organization doesn’t step in to help. Renovations are handled sensitively, with contractors working to maintain the building’s innate charm while adding modern amenities.
The 500-year-old castle where an alleged traitor lived.
If you’re planning a trip to North Yorkshire, England, the Cawood Castle sleeps four. This 500-year-old building is where Cardinal Thomas Wolsey, the Pope’s man in England in the 1500s, was arrested by order of King Henry VIII.
Wolsey, a high-ranking church official and member of King Henry’s cabinet, was arrested because he’d failed to get official permission from the Pope for King Henry’s divorce fast enough. The Crown accused Wolsey of treason and ordered him to London. Poor Wolsey died during the journey south.
But hey, the space is pet-friendly. So feel free to bring your non-treasonous dog!
Cawood Castle in England. | The Landmark Trust
The mission of The Landmark Trust, which was founded in 1965 by a husband and wife team, is to preserve historic buildings that are too small to qualify for government aid. And, of course, to make them accessible to the public.
To subsidize their work, Landmark relies on donations from individuals and businesses, as well as on grants from places like the Heritage Lottery Fund, a trust that gets money from the UK’s national lottery.
Stay in a house designed to look like a tropical fruit.
Located in central Scotland, this 18th-century summer house sleeps four people. But its history is way more interesting than the real estate.
The Landmark Trust
Here’s the story: John Murray was an Earl of Scotland who sailed to the British Colonies to govern Virginia on behalf of the Crown. Murray, aka Lord Dunmore, was in the American colonies as tensions rose and eventually broke out in war between rebels and English forces.
Murray was a Loyalist through and through. He fought Indians and revolutionaries alike, even, at one point, offering freedom to slaves who agreed to fight for the King of England.
Lord Dunmore fled back to England after the British started losing a few too many battles. In those days, people who traveled sometimes put a pineapple or other fruit on top of their door when they returned home. It signified they’d been to “exotic” places.
This slightly phallic pineapple was Lord Dunmore’s version of that.
Relax in a former pig sty.
“The Pigsty.” | The Landmark Trust
A local English squire named John Warren Barry, who was from the moors of northeast England, built this after traveling in the Mediterranean in the 1880s. (Hence the Greek motif.)
“The Pigsty” (that’s its official name) has been recently renovated to accommodate travelers:
Above three photos: The Pigsty in England, not too shabby after all. | Landmarktrust.org
Stay in a house where a literary icon worked.
The Landmark Trust USA, a separate organization from The Landmark Trust based in the U.S., has restored and renovated five historical properties, all in Vermont. For a little over $50 per person per night, you and seven of your friends can split Naulakha, the home where Rudyard Kipling wrote “The Jungle Book.” If you’re not too busy penning your own classic work, you can enjoy unlimited access to the game room and WiFi.
The house in Vermont where Rudyard Kipling wrote ‘The Jungle Book.’ | The Landmark Trust USA
Kipling’s Green Mountain pad. | Landmark Trust USA
With all this decadent history to be devoured, what are you waiting for?
Life is short. ?
#design #history #interesting #travel
Life, World
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“How’s Trevor”
PLT Foundation
PLT Management Team
What is Krabbe?
Families We’ve Helped
Newborn Screening
Understanding the need
Trevor’s Friends
Their Stories
Steve Aldrian – President & Co-Founder
Steve Aldrian is a Delta Air Lines pilot with 21 years of flight experience based in Los Angeles, California. He is currently flying the Boeing 737-800.
Steve graduated from the United States Air Force Academy in 1990 with a Bachelor of Science degree in Engineering Mechanics. After graduation he was commissioned as a 2nd Lieutenant and attended Undergraduate Pilot Training at Williams Air Force Base in Phoenix, AZ. Serving 9 years on active duty as an officer in the USAF he advanced to flight instructor in the Boeing KC-135 Stratotanker. In 1999 Steve left active duty and was hired as a commercial airline pilot by Northwest Airlines which merged with Delta Air Lines in 2009.
Steve is married to Nicole and they have fraternal twin boys Tyler and Trevor. Tyler is perfectly healthy while Trevor is courageously battling Krabbe disease. Trevor is a true blessing and is the inspiration for The Peace, Love and Trevor Foundation. Steve Co-Founded The Peace, Love and Trevor Foundation in 2011 and Steve is the acting President and Chairman of the Board.
Nicole Aldrian – Vice President & Co-Founder
Nicole is Vice President and Co-Founder of Peace, Love and Trevor. Before Trevor’s diagnosis, she worked in corporate America in sales and marketing for 15 years working her way to the top of the student loan industry. She never dreamed her toughest challenge was yet to come.
Soon after her son, Trevor was diagnosed with Krabbe leukodystrophy, a rare genetic neurological disease she became an advocate for children with rare diseases and disabilities. It was then that she was first exposed to the complex medical system, private insurance and Medi-Cal, as well as the social challenges of having a disabled child. Nicole’s broad understanding of Krabbe disease has enabled her to assist newly diagnosed families as well other special needs children and families across numerous rare disease groups. Her passion is to help provide love, guidance, and support for other families challenged by Krabbe and other devastating rare diseases.
Eric Vaughn – Director
Eric Vaughn is a Senior Manager at the E & J Gallo Winery in Healdsburg, California. He leads a team that oversees Environmental Health and Safety, Quality, and Sustainability systems for Gallo Coastal Operations and Gallo Coastal Vineyards.
Eric joined Gallo in 1998 as a production Team Leader and has since held numerous positions of increasing responsibility. Before joining Gallo, Eric served eight years in the United States Air Force where he achieved the rank of Captain. He earned his Bachelor of Science degree from the United States Air Force Academy in 1990. Eric earned a Masters of Administrative Science in Information Systems from the University of Montana in 1995.
Eric is also very active in his community. He volunteers throughout the school year providing weekly math tutoring to 7th graders. During the summer the past three years, Eric has lead fundraising and team training for participants in the Best Buddies International 100 mile cycling event to support and provide experiences for intellectually handicapped individuals.
Eric and his wife Thorjia live in Santa Rosa, California with their daughter Linnea. In June 2010, they adopted Linnea as a newborn in the state of Oregon. Through the benefits of newborn screening, Linnea was diagnosed early for Congenital Hypothyroidism. Within nine days of birth, Linnea was prescribed daily medication to supplement her lack of an active thyroid. Without this timely diagnosis and medication, Linnea would have suffered mental and developmental disabilities. Today, she is very healthy and developing without issues.
Amy Zebrack – Director
Amy Zebrack graduated from California State University of Long Beach with a B.A. in Theatre Arts. She quickly threw away her acting dreams and began working for Princess Cruises, onboard, running the kids programs. She traveled the world for 10 years eventually returning home to work at restaurants and as a substitute teacher for local schools, grades K-12.
Amy married her husband, David, in 2004 and moved to Murrieta where David joined a local practice as a family physician. She had Taylor, her daughter, in 2005 and got involved with a local MOMs club holding many positions and eventually becoming President. She left the club in 2007 when she gave birth to her identical twins, Chad & Ryan.
After the birth of her twin boys she joined the Temecula Valley Mothers of Multiples (TVMOMs) for emotional support and advice. She initially served as Fundraising and Social Coordinators, and she is currently the acting President.
Amy is very excited to serve on the board of directors for Peace, Love and Trevor. She will use her “famous” fundraising skills acquired in the past 6 years to raise money to help families battling this devastating disease. She believes that together we will make a difference!
Mark Aldrian – Chief Financial Officer
Mark J. Aldrian graduated from Loyola Marymount University in 1978 with a degree in Civil Engineering. He completed a Master of Science in Civil Engineering from the University of California at Davis in 1980. He is a Registered Professional Engineer in Civil Engineering in the State of California.
After a 31-year career with the Los Angeles Department of Water and Power, he retired in early 2012 to pursue other interests including his current position as the Chief Financial Officer for the Peace, Love & Trevor Foundation.
He loves his grand nephew, Trevor, very much and is so inspired by this gift from God and his foundation’s selfless mission of raising funds to assist other Krabbe families. Mark lives in Carlsbad, California with his wife, Tala.
Karen Faillace – Secretary
Karen Faillace is a pediatric audiologist at Rady Children’s Hospital San Diego with over 20 years experience testing children’s hearing and fitting hearing aids. She earned a Masters Degree in Audiology from San Diego State University and a Doctorate Degree in Audiology from the Arizona School of Health Sciences. Karen and her husband Bob live in San Diego, California with their two children Nicholas and Allison.
Karen is “Auntie Karen” to Trevor, his twin brother Tyler and six other nieces and nephews. Karen is very passionate about children and when not working with children at the hospital she loves spending as much time as possible with her dear nephew Trevor. Auntie Karen feels so blessed to have Trevor in her life and she is very excited about serving as Secretary for the Peace, Love and Trevor Foundation. She looks forward to helping other families who are coping with Krabbe disease.
23546 Hudson Court
Murrietta, CA 92562
info@peaceloveandtrevor.com
Web design by www.casalicreative.com
The Peace, Love & Trevor Foundation is a non-profit 501(c)3 organization. We are a charity run completely by volunteers with every donated dollar directly benefiting our mission.
© Peace, Love & Trevor 2010-2014
Sign Up Today for PLT Updates
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Survival Guide: Hannah Chalew
By Raina Benoit
If artist Hannah Chalew tenses up while working in the studio, she heads outdoors. Aubrey Edwards photographs Chalew outside her studio at T-Lot.
Survival Tip: “Make the work and something will happen.”
Conceived by writer and artist Raina Benoit, the "Survival Guide" series asks artists in New Orleans how they are making their way in the city from studio spaces to exhibition opportunities, finding inspiration to day jobs. For the first in the series, Benoit interviews Hannah Chalew. Born and raised in New Orleans, Chalew takes on the city's post-Katrina landscape, exploring the nexus of architecture, nature, and everyday human life.
Raina Benoit: There's a great deal of talk today about the real value of MFA programs. You went to Brandeis University in Massachusetts, graduating with only a BA in 2009. What did you take away from the art program and how do you think you're applying it to your work today?
Hannah Chalew: I value that I got a liberal arts education and that it was well rounded. The visual arts department was so small that I could make it what I wanted. I don't know if the experience would have been as good if I hadn't had the background of my arts high school. I think the most I got out of the Brandeis program was being able to focus. I had my own studio and spent a lot of time in there.
RB: Your work’s subject matter is very specific, ornately depicting the blight growing on and within New Orleans architecture. There is a focus to your drawings rarely seen in such a young artist’s work. Where did you get your inspiration during undergrad and how did it grow into your current direction?
HC: I would take the bus to New York City for the day and go to the Metropolitan Museum, The Museum of Modern Art, or to the galleries in Chelsea. I also went to a program in upstate New York the summer between junior and senior year in 2008 at the Chautauqua School of Art. I think even more than Brandeis that’s what made me decide to become a professional artist. There, I studied landscape painting with Stanley Lewis. His insistence on being on site and being in the space was so influential, but it wasn’t until I did a residency at the Vermont Studio Center in 2010 that I realized how important New Orleans is to my work. I couldn’t just go outside and draw. I wasn’t struck by anything there. Someone said that I should draw this old fallen-down building they saw, but it didn’t grab me in the same way. So I’m starting to think about whether my art is specific to New Orleans. I hope it’s speaking to broader themes. Right now it’s rooted in the areas that I bike around and see every day. I actually have to survey the whole panorama around me at once rather than piece it together from photographs. For me, working outside means feeling that place and trying to translate this feeling into the drawing. The drawing becomes a record of my having been there and the people I met while within the space. I’m dealing with spaces that are devoid of people, but my work is all about people and the infrastructure of our society.
RB: What then is your relationship to the studio?
HC: I have a tendency to tense up in the studio. If I’m thinking, “What am I doing?,” then I’ll go outside and draw and that will give me more ideas. I always try to be out and about seeing the landscape. Whenever I’m moving through the city I’m always looking for viny growth. When people pass by and see me drawing, they always have something interesting to say. Either they didn’t notice the empty lot until they saw me drawing it or they thought the building taken over by vines was a nuisance. There’s always the person who wonders why I would be interested in this kind of subject. Their reactions and how they see these spaces is important to my process and the work.
RB: You share a studio space with four other artists at T-Lot. It’s categorized as a museum/art gallery on its Facebook page. Would you talk about why you began the space and the group’s goals for functioning as an artist-run gallery?
HC: We are really just a studio space now. We had two shows for Prospect.1.5 and Prospect.2. I do want to do future programming, but we need to make sure that all the studiomates are on board and can share the work load. When we first started T-Lot two years ago, our only exhibition space was our studios. Now that I’m represented by a gallery and invited to exhibit other places, I don’t need to turn my studio into a show space. But I’m still interested in utilizing T-Lot’s outdoor space for future shows. We happened to find a building with this amazing yard. We weren’t originally looking to have shows but the opportunity arose. For me and Stephen Kwok, who found the space, it was an important place for us to develop our work. I feel like it has been my postbaccalaureate.
RB: How do you divide up rent?
HC: We came up with a system based on the size of the studio. The whole space is $800.
RB: How do T-Lot artists support each other besides the shared financial responsibility?
HC: We are all very close friends. We just started a critique group, which I hope will be a monthly thing. Everyone really believes in each other. We are all in the same place —post college and pre grad school and everyone wants to be a professional artist.
RB: T-Lot has used creative fundraising such as Kickstarter for several group exhibitions. How successful was this for raising money and do you plan on using it for future exhibitions?
HC: Kickstarter was amazing. None of us are making money from the space. So the fundraised money helped us cover the expenses for the exhibitions. With the insistence of our landlord, these funds have also helped with liability insurance purchased from Fractured Atlas, which is a national service organization for artists.
RB: Do you think there are many opportunities for emerging artists in New Orleans?
HC: There are definitely many opportunities to show. I think there’s less opportunity to make money off your work. I feel really lucky to be getting onto this path with a commercial gallery. Jonathan Ferrara has a juried show every summer and he was really excited about the feedback to my work. He asked for a studio visit six months later and afterwards I invited him to one of my exhibitions. He saw a piece there that he really liked and then gave me a show.
RB: What has changed for you since showing at a commercial gallery?
HC: Any time I’m asked the price of my work, I get this weird feeling like I’m asking too much. But Jonathan Ferrara will say, “It’s $1500,” with no problem when I would have asked for something like $500. It’s hard to put numbers onto something you create.
Hannah Chalew, Devoid 1, 2012. Pen and ink on paper. Courtesy the artist and Jonathan Ferrara Gallery, New Orleans.
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Home Medicine General Internal Medicine
About our division
Clinical Initiatives
Research Activities & Interests
Medicine & Pediatrics Program
Faculty - Division of Academic Medicine, Geriatrics & Community Programs
Ana Natale-Pereira, MD
Shahed Abbasi, MD
Nelson Aluya, MD
Suzanne Atkin, MD
Manasa Ayyala, MD
Dr. Ayyala is an Assistant Professor of Medicine who joins the Division of General Internal Medicine as a Primary Care Physician. She earned both her undergraduate (Magna Cum Laude) and Medical Degree at Temple University in Philadelphia, PA. Dr. Ayyala completed her Residency training at the Rhode Island Hospital/Alpert Medical School of Brown University, and a Fellowship in General Internal Medicine at Johns Hopkins University School of Medicine. Her research focuses on medical student and resident education on community engagement to better understand and integrate health equity and social determinants of health. She is Board Certified in Internal Medicine.
Sanaa Bdiiwi, MD
Lawrence Budnick, MD
Dorothy Castro, MD
Chetankumar Chauhan, MD
Dr. Chauhan is an Assistant Professor of Medicine who joins the Division of General Internal Medicine as a Hospitalist. Dr. Chauhan received his medical degree from Smt. N.H.L. Municipal Medical College in India, Dr. Chauhan went on to complete an MPH in Epidemiology and Biostatistics at New York Medical College. He completed his residency training at McLaren Regional Medical Center at Michigan State University in 2012, and began working as an Attending Physician with the Saint Francis Medical Group of the University of Connecticut, as well as a Hospitalist in the Charlotte Hungerford Hospital in Torrington, CT. In his free time he contributes as an Academic Hospitalist at Trinitas Regional Medical Center, here in Elizabeth, NJ.
Dhvani Doshi, MD
Dr. Doshi is an Assistant Professor of Medicine who joins the Division of General Internal Medicine as a Primary Care Physician. She earned her Bachelor’s Degree from Rutgers University, New Brunswick and her Medical Degree from UMDNJ-RWJMS. She simultaneously achieved an MPH from Thomas Jefferson University, Philadelphia. Dr. Doshi completed her Internal Medicine Residency at the Icahn School of Medicine at Mount Sinai, New York, in the well-recognized Primary Care Track. While in school and training, Dr. Doshi was inducted in the Gold Humanism Honor Society, and received the Silver Apple Resident Teaching Award. Following her training, she worked in the Settlement Health Clinic, an FQHC in NYC, as a primary care physician; and continue on to Maryland, where she worked as a hospitalist at the Johns Hopkins Bayview Medical Center in Baltimore. Her research focus has been lung cancer screening in primary care, quality improvement and community outreach. Dr. Doshi is Board Certified in Internal Medicine.
Igor Eyzner, DO
Dr. Eyzner is an Assistant Professor of Medicine, who joins the Division of General Medicine as a Hospitalist. He completed his undergraduate studies at New York University and received his medical degree from the New York Institute of Technology College of Osteopathic Medicine. Dr. Eyzner completed his residency training at NJMS-Department of Medicine, where he is regarded as an excellent resident, receiving Intern of the Month and Resident of the Month awards multiple times. He has multiple presentations over the course of his training, and has been recognized for his teaching skills.
Ozer Farooqui, MD
Dr. Farooqui is an Assistant Professor of Medicine, who joins the Division of General Internal Medicine as a Hospitalist. He is a board certified Internist, who graduated from the Shadan Institute of Medical Sciences in Hyderabad, India with a MBBS degree in 2011, and completed his Residency at the Flushing Hospital Center in Queens, New York.
Alla Fayngersh, MD
Robert Fede, MD
Enoc Fernandez, MD
Mirela Feurdean, MD
Jocelyn Gerges, MD
Dr. Gerges is an Assistant Professor of Medicine who joins the Division of General Internal Medicine as a Hospitalist. Having earned an undergraduate degree in Cell Biology and Neuroscience at Rutgers University in New Brunswick, Dr. Gerges received her medical degree at Robert Wood Johnson Medical School at Rutgers in Piscataway, NJ. She completed her residency at University of Maryland Medical Center and the Baltimore VA Medical Center.
Emily Gordon, MD
Iris Herrera, MD
Michael Jaker, MD
Neil Kothari, MD
Daniel Matassa, MD
Dr. Matassa is an Assistant Professor of Medicine who joins the Division of General Internal Medicine as the Associate Program Director for the Internal Medicine Residency Program, and as Primary Care Physician. He completed his Bachelor of Arts in Biology at La Salle University in Philadelphia, where he graduated Maxima Cum Laude, and received his Medical Degree at UMDNJ in Newark, NJ, where he was awarded the Humanism Scholarship Award, the Jacob Dreskin Award, and was inducted into the Alpha Omega Alpha Society. Dr. Matassa completed his Residency in Internal Medicine at Rutgers New Jersey Medical School and was also Chief Resident. As a resident, he received multiple Golden Apple Nominations for his teaching performance, as well as Intern of the month recognition in multiple occasions. Dr. Matassa is Board Certified in Internal Medicine.
Sunil Patel, MD
Kathleen Pergament, DO, MPH
Dennis Quinlan, MD
Vajeeha Sadi-Ali, MD
Maria Soto-Greene, MD
Yolette Sterling-Jean, MD
Physician Specialist
Kaylen Yoon, MD
Dr. Yoon is an Assistant Professor of Medicine, who joins the Division of General Internal Medicine as a Hospitalist. A native of South Korea, Dr. Yoon completed her undergraduate studies at Rutgers University in New Brunswick, and returned home to do a Research Fellowship in Cardiovascular Imaging, at the Samsung Medical Center in Seoul, Korea. She received her Medical Degree from the Sydney Medical School, University of Sydney, Australia, and returned to the United States where she completed her residency at the Mercy Saint Vincent Medical Center in Toledo, Ohio.
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Dear Lord, help me to break even. I need the money.
Poker Basics and Rules
Poker traditions have been around since the invention of the game of poker and this was around 900 A.D. in China. Since this time the game of poker has evolved and it has resulted in several Chinese emperors starting to play other related games such as domino. Even though this is the time that most people believe the game was invented there are also other school of thoughts that believe that the game was invented in the 17th century in Persia going by the name Nas. At this time the game had a deck of cards that only consisted of 25 cards which had 5 different suits. The Persian sailors were the ones that taught the French settlers how to play the game and this was in New Orleans.
This game is similar to the 5 card stud poker game that is still being played today. The initial game was also using ranked hands that are similar to the ones of some poker game variations. It is also claimed that the French and German ancestors also had their traditional poker games going by the names Poque and Pochen respectively and they are also responsible for introducing another traditional game known as Pochspiel. During the 1800's the game of poker really became popular and this is when the 52 deck of cards was introduced to support the high number of players that were streaming into casinos to play this game.
It was also in the 1800's that the flush concept was introduced to the game. In the civil war era the game also experienced significant changes as this was the time the draw poker and stud poker variants introduced the five card versions as well as the straight were introduced. Most of these introductions are the main reasons that the game became exceptionally popular. It is also this time that the game really came under attack from cheats and swindlers. Poker games were also really popular during the Wild Wild West era and this was especially in riverboat as well as saloons and this was for both the professional and amateur gamblers. During this time the game was going by the name Faro. Players were supposed to bet against the dealer or the banker and they were not allowed to draw 2 face down cards thereby one card was for the player and the other for the dealer.
The game of poker was made legal in many American states during the 1900's and this resulted in many people from various parts of the world going to the US to enjoy this game. Today the game of poker can be played in almost all the countries in the world and it is also available on the internet. It is important to keep in mind that the rules of this games vary from casino to casino and are regulated by different authorities.
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The global free trade system is being battered like never before. Can any good come of it, asks Vanessa Baird in part one of The Big Story?
Steve Munday
I admit: I’m conflicted.
Recently, I was on a march calling for a people’s vote on the final deal for Britain to exit the European Union (EU). There were the usual young people, with faces painted in the blue and gold of the EU flag, and the now familiar chants of ‘Bollocks to Brexit’ and ‘EU, we love you’. The first I was happy to go along with. The second – well, that was more troublesome.
I value cultural diversity and the social, labour, environmental and equality rights and protections and the peace that have come with EU membership. I am determined to fight the dog-whistle racism, xenophobia, lies, misinformation and sheer criminality that has underpinned and surrounded the pro-Brexit campaign.
But I’m also acutely aware of the negative power of the world’s biggest free trade bloc. For many around the world, the experience of globalization and the doctrine of free trade upheld and exemplified by the EU has been far from ‘lovely’.
While trade liberalization was a boon for big business, able now to chase cheap labour and exploit newly opened markets, it has been bad news for many millions of ordinary citizens around the world.
And the EU, like any big trade bloc, has used its power to get its way with weaker parties, especially if they fell for the free-trade delusion – ‘the more trade the better for all’ – and failed to protect the basic needs of their own citizens.
For sure, many people – especially in East Asia – have benefited from globalization. Living standards have risen with increased manufacturing and trading and many have been lifted out of rural poverty into a new industrial, middle class of consumers.
But around the world there have been millions of losers too, who have lost their jobs and livelihoods when local markets were flooded with imports from richer nations, who have found the price of essential utilities like electricity and water rocketing when public services were opened up to rich-world providers.
Often fledgling industries could not sustain the onslaught. Shockingly, sub-Saharan Africa is less industrialized today than it was in the 1980s. Unemployment and shrinking opportunity have produced the so-called ‘migrant crisis’ out of Africa – a crisis that the EU has been signally unable to respond to collectively, fairly, humanely and appropriately.
Back in 2005 I attended mass protests against the World Trade Organization (WTO) during its ministerial meetings in Hong Kong. I remember one chant in particular: ‘Junk, junk, junk the WTO!’ Most gathered here were environmentalists, leftists, trade justice and social movement activists. Indian and South Korean farmers joined forces with Filipina maids, Brazilian environmentalists with South African miners, Western NGOs with Bangladeshi garment makers and trade unionists. All agreed that free trade was far from free or fair and the WTO, the multilateral platform for negotiating these free-trade deals, was not a level playing field.
A big issue was ‘sovereignty’ – food sovereignty in particular. Powerful nations, including the US and those of the EU, were using a variety of dirty tricks to subsidize their own farmers and dump their excess production on poorer countries in the South, ruining farmers’ lives and livelihoods. The result was to be seen in many thousands of farmer suicides.
The extreme Right rebranded themselves as anti-neoliberals, and now they’re eating our lunch
Well, ‘sovereignty’ has become a key word today – especially in the agonies of Brexit. And ‘de-industrialized’ can now be used to describe many ‘left behind’ parts of the US and Britain.
The privatization of services by foreign transnationals, like that which caused riots in Bolivia, is now a concern of any British person trying to save the National Health Service from, say, US private healthcare and medical insurance vultures.
Rich-world backlash
The issues have finally hit home in the rich world too. And now, bizarrely, it’s the president of the United States who is calling the WTO names. It is a ‘disaster’, he says, and is threatening to take his country out of the organization that the US did so much to set up – and which has served its interests so well for decades.
Today, complaints about globalization, free trade and its emblematic bodies are coming from the mouths of the populist Right, leaving leftists scratching their heads and wondering what to do.
‘They ate our lunch,’ is how academic and veteran campaigner Walden Bello puts it. ‘It was the non-establishment Left – the Left of social movements – that began and developed the critique of globalization, neoliberalism and free trade in the 1990s and the 2000s... The extreme Right... opportunistically expropriated our message, rebranded themselves as anti-neoliberals opposed to the Centre-Right as well as the Centre-Left, and now they’re eating our lunch.’2
British trade justice campaigner John Hilary sees it more positively: ‘I think the debate has been won. Everybody is now recognizing that untrammelled free trade causes massive problems. What was interesting about Trump’s election campaign was that he actually took up the mantra that we would take to be from the social movements and said “yeah, it has been absolutely no good for workers in America”.’
There are important differences, though. Donald Trump is not concerned with giving farmers, workers and consumers in the Global South a fair deal; he’s not driven in any way by internationalist solidarity.
For him it’s purely about putting ‘America First’ and seeing foreigners – be they Mexican, Chinese, Canadian or European – as rivals and enemies.
The complex game of negotiating trade has become a bellicose affair of Trumpian threats and tweets. His methods have been described as ‘going fishing with hand grenades’.
Tariff wars
The tariff war the White House started with China last year threatens to destabilize the entire rules-based global trading system. Many would agree that the WTO system is badly in need of reform, but Trump has set about it with the subtlety of a wrecking ball.
By refusing to recognize new appointments to the WTO body that settles trade disputes between countries, the US is effectively sabotaging a key function of the organization. If the problem is not resolved, the multilateral body may become paralysed. It’s an existential crisis.
Centre-Left economist Joseph Stiglitz has seen the trouble brewing in the global trading system for some time. He first wrote Globalization and its Discontents 20 years ago, recently updating it to include the impact and implications of Trumpian policies. His question now is: Can globalization be saved?
‘Trump has leveraged some real grievances,’ notes Dani Rodrik, a Harvard economist and trenchant critic of what he calls hyper-globalization. But, he also notes, ‘as Trump’s presidency has already amply revealed, the inchoate discontent around globalization can be easily subverted to an altogether different agenda, more in line with elite interests.’
The same applies to Brexit. The past two years have shown no sign that its most prominent leaders and champions – people like Boris Johnson, Jacob Rees-Mogg, Liam Fox and Nigel Farage – have any plans or concern for the ‘left behind’ of Britain’s rural shires or post-industrial urban wastelands, many of whom voted ‘Leave’. On the contrary, elite Brexiteers are bent on pulling the UK out of the world’s largest rules-based free-trade bloc in order to pursue even more free trade, but without the rules that help protect citizen health or the jobs of ordinary folk.
Their goal appears to be to turn Britain into a beachhead for the US’s particular brand of ‘savage capitalism’, even willing the ‘shock doctrine’ of a hard Brexit.
Meanwhile, nervousness abounds in international trade circles. At the opening of the 2018 G20 summit in Buenos Aires, WTO chief Roberto Azevedo said: ‘I would say this is the worst crisis for the whole multilateral trading system since 1947.’
The rules are being torn up... Or are they?
Do the current disruptions, wherever they come from, present an opportunity for positive change? And what are people who care about global justice to do?
These are just some of the questions I plan to find answers to on the journey into the maelstrom of global trade in the era of Trump and Brexit.
What is...?
ACFTA – African Continental Free Trade Area, framework to create a new 55-nation single African market for goods and services to be ratified in 2019.
AFTA – ASEAN Free Trade Area comprising 10 countries: Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand. Vietnam, Laos, Myanmar, Cambodia.
BIT– Bilateral Investment Treaty, establishing the terms and conditions for foreign direct investment by nationals and companies of one state in another.
CETA – EU-Canada Comprehensive Economic and Trade Agreement.
CPTPP – Comprehensive and Progressive Agreement for Trans-Pacific Partnership, previously known as TPP and now also known as TPP11 or TPP-11, being negotiated between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.
EPAs – Economic Partnership Agreements between the EU and African, Caribbean and Pacific countries and regions.
ISDS – Investor-State Dispute Settlement mechanism, giving investors special rights to sue states. Has also spawned the ICS (Investor Court System) and MIC (Multilateral Investment Court).
Mercosur – Trade bloc of Argentina, Brazil, Paraguay, Uruguay and Venezuela.
Pacific Alliance – Trade bloc formed by Chile, Colombia, Mexico and Peru.
RCEP – Regional Comprehensive Economic Partnership, being negotiated between Australia, New Zealand, Japan, South Korea, India and China and 10 ASEAN countries.
TiSA – Trade in Services Agreement, proposed international treaty between 23 parties, including the EU and the US.
TRIPs – Trade Related Intellectual Property Rights, international legal agreement between all the member nations of the WTO.
TTIP – US-EU Transatlantic Trade and Investment Partnership, now defunct, trashed after 20 rounds and much protest.
UNCTAD – United Nations Conference on Trade and Development.
USMCA – United States, Mexico and Canada free trade agreement, re-negotiated NAFTA.
WTO – The World Trade Organization, both a multilateral forum for negotiations and enforcer of rules-based global trading system, was set up in 1995 and comprises 164 member states.
Enter the 'new protectionism' - and Trump's trade wars.
You can visit the steel mill town of Gary, Indiana, as a tourist. Rustbelt Ruin Tours will take you to the vestiges of Gary Screw & Bolt Factory, formerly a major employer, for example.
Since 1980 more than six million – that’s more than a third of all – manufacturing jobs in the US have vanished. Much of this loss is concentrated in the Midwest.
The received wisdom of globalization – and its centrepiece, free trade – is that it produces some winners and some losers in the short term, but in the longer term we are all winners. All boats will rise on the tide of free trade.
Well, it didn’t happen in Gary – which also happens to be the town where Nobel prizewinning economist Joseph Stiglitz grew up. Every year, for the past five decades, he has gone back for his school reunion.
During one such event he detected in many former schoolmates who had stayed in the area, ‘a sense of bitterness... They had a feeling that the system was unfair, rigged. I saw in my former classmates what the statistics had been telling me for years.’
Those statistics weren’t just about jobs. Life expectancy in the US Midwest had stopped increasing – education and health services were in decay and crime was up. Recent years have also witnessed an epidemic of opioid addiction in areas ‘left behind’ by globalization. The parallels with some post-industrial towns in the north of England, such as Sunderland and Middlesbrough – where citizens voted to leave the EU – are striking.
When tariffs are used by richer countries on top of all that they have already got, they are a way of bullying
Who was to blame for the misfortune of the ‘left behind’? ‘Immigrants’ said the nationalist Right and its media. And people in foreign countries who had ‘stolen our jobs’.
The hitherto dry topic of international trade leapt into daily conversation. US journalists reported people in the Midwest attributing their woes to one word – ‘NAFTA’. For many Britons, battered by years of government-imposed austerity, that word was ‘EU’.
In the most deprived areas, disgruntled Americans and Britons felt they had lost everything. All they had left was their sense of national pride, which had been artfully reignited by patriotic-sounding politicians and media outlets.
Trump told US voters that China was out to ‘rape’ the US economy; that American trade negotiators had been ‘snookered’ and had been given a ‘bad deal’. For Britons it was metropolitan elites in league with crafty Brussels Eurocrats, rather than the post-crash politics of austerity, that had cheated them.
Slapping on tariffs
Trump did not tarry. On his first day in office he used an executive order to withdraw the US from the Obama-era Trans-Pacific Partnership (TPP) negotiations.
He set about renegotiating NAFTA, the controversial North American Free Trade Agreement with Canada and Mexico, and US trade deals with other countries.
Then he started a trade war, imposing tariffs on steel and aluminium entering the US. Aimed primarily at China, it also directly affected the EU, Canada, Mexico and South Africa. Steel would be subjected to a 25-per-cent import levy; aluminium to 10 per cent. American steel and aluminium producers cheered; shares in US Steel and AK Steel rallied.
International trade representative Robert Lighthizer cited ‘national security’ under Section 232 of US law as the rationale for imposing the tariffs, which usefully provided exemption from important trade treaties and review by the WTO.
The EU retaliated swiftly, putting several symbols of Americana – including Harley-Davidson motorcycles and Levi jeans – on its tit-for-tat list of imports to be taxed.
The US administration turned its guns on China again. Lighthizer commented: ‘Years of talking about these problems with China has not worked... China’s unprecedented and unfair trade practices are a serious challenge not just to the [US] but to our allies and partners around the world.’
China is accused of: not being ‘open’ enough to foreign business; ‘forcing’ technological transfer by making access to its market contingent on handing over sensitive technological know-how; ‘stealing’ US intellectual property; giving special terms to its own state-run companies; and ‘manipulating’ its currency to make Chinese goods cheaper.
But it’s the trade imbalance between the two countries that bugs Trump most. In 2017 China exported $505 billion worth of goods to the US but imported only $130 billion worth from it.
At the time of writing, both sides have imposed tariffs on billions of dollars’ worth of goods. The US has hit $250 billion of Chinese goods with tariffs since July 2018, and China has retaliated by imposing duties on $110 billion of US products including soy, beef and poultry.
China has also filed a complaint with the WTO against the US for starting ‘the biggest trade war in economic history’.
Following December talks between presidents Trump and Xi at the G20 summit in Argentina, the two agreed to suspend escalating the trade war for 90 days. The US had been threatening to hit the remaining $267 billion of Chinese exports with tariffs of between 10 and 25 per cent in January 2019. China agreed it would buy more agricultural, energy and industrial goods from the US but did not specify how much.
Fair protection, unfair protectionism
But is Donald Trump wrong to try to protect American jobs and livelihoods?
Trade justice campaigners have long argued for the right of developing countries to apply protectionist trade measures (or ‘trade distortions’ in the free-trade lingo) to defend local agriculture, fledgling industries or basic services.
‘But when tariffs are used by richer countries on top of all that they have already got, they are a way of bullying,’ says Nick Dearden of Global Justice Now.
All major world economies of the 20th century grew up behind tariffs or state subsidies to protect domestic employment or keep basic food items affordable.
Economist Dani Rodrik observes: ‘The guiding principle that governed until the 1970s was that nations needed the policy space within which they could manage their economies and protect their social contracts.’
All that changed when free-market liberalism and economic globalization became the dominant ideology that swept the world. The US and its allies went all out for hyper-globalization. Governments believed that ‘the market’ had its own wisdom and interfering with it was wrong. Trade unions were legislatively weakened; national companies became transnational corporations, free to shift production to parts of the world where labour was cheaper, and using their international status to avoid tax on an industrial scale. Corporations and the super-rich saw their wealth grow while others saw equality shrink and wages stagnate, especially in the US.
The emerging economies that benefited most from globalization were those that didn’t go for full-blown, free-market liberalization but had a more cautious, selective and protective approach.
China, South Korea and India all kept parts of their markets closed while opening other areas to free trade and foreign investment. They did not ‘let their enthusiasm for free trade and free flows of capital get the better of them’, as Rodrik puts it.
For many years critics have complained that free-trade agreements were unfair. And they are, says Stiglitz: ‘Unfair in favour of America and other advanced countries that had created the system and shaped its institutions in the second half of the 20th century.’
He promised the jobs were ‘all coming back. They’re all coming back. Don’t move. Don’t sell your house’
‘It was called free trade,’ he writes, ‘but it was really “managed trade” – managed for corporate and financial interests... Under these agreements knowledge moved freely but short-term capital moved more freely. Agricultural subsidies for rich farmers were allowed in developed countries but subsidies to help the poor developing countries to catch up were frowned upon.’
The benefits of globalization could have been shared, he says, but ‘to put it bluntly, the winners as a group were selfish.’
Now the US is not winning as it was and China is about to knock it off the top spot as the world’s leading economy.
Are Trump’s tactics working?
In September the President tweeted: ‘Tariffs have put the US in a very strong bargaining position, with Billions of Dollars, and Jobs, flowing into our Country – and yet cost increases have thus far been almost unnoticeable.’
A few weeks later, it was reported that duty on steel and aluminium imports had cost US companies about $545 million in September alone.
By November, General Motors announ-ced it would be shedding almost 15,000 jobs and closing four plants in the US. Tariffs were costing the company $1 billion. Republican Tim Ryan tweeted: ‘I implore President Trump to keep his word when he came to the Mahoning Valley last year and promised the jobs were “all coming back. They’re all coming back. Don’t move. Don’t sell your house.”’
Soy farmers, hard hit by China’s retaliatory tariffs, were promised $12 billion in state aid to offset their losses. But Illinois soy and corn farmer Lynn Rohrscheib said she would have to let staff go if the stand-off with China continued. ‘We don’t want handouts. We want to trade. We want to sell the crop.’
And China’s trade surplus to the US actually rose by 10 per cent in September 2018, to a record high of $34 billion for that month, as US manufacturers rushed to fill their inventories before more tariffs kicked in.
Tariffs are a blunt instrument and trade is complicated, especially in today’s world of complex supply chains. ‘No-one wins in a trade war,’ the saying goes. US business and even senior advisers in the White House are worried about Trump’s tariff war, though he does enjoy considerable support for confronting China.
Can his strategy help American workers? Not likely. Trump’s simplistic view sets worker against worker, farmer against farmer, North against South, when for decades the actual battle lines have been elsewhere – between worker and corporate capital.
And that’s where they lie today – even in the new project that Trump hails as the great symbol of re-industrializing America. The Taiwanese electronics corporation Foxconn is to build a massive facility in rustbelt Wisconsin, encouraged by a controversial $4-billion package of tax breaks. But in a recent BBC interview, a company spokesperson let slip that what really excited him about the move to the US was the shift towards robotics it signified.
Trump’s promise to revive the rustbelt and bring the jobs home has a strong emotional appeal to his base, but it is built on nostalgia. The ‘glory days’ of US manufacturing are over. But there is a silver lining, perhaps, to Trump’s protectionist renegotiation of NAFTA.
In the new US, Mexico and Canada free-trade deal (under the catchy name of USMCA) there is a labour clause stipulating that workers in Mexico producing components for the automotive parts exported to the US must be paid at least $16 an hour. This is progressive indeed – unless, of course, a US robot can make it more cheaply than a Mexican worker.
Another positive surprise in USMCA is that it does not include the hated Investor-State Dispute Settlement mechanism (ISDS) – the topic of the next article.
The beast that won't lie down and die - the ISDS 'investor protection' racket is still with us, in all but name.
Imagine your government does not want you to die a horrible and preventable death. It has listened to calls for action and put in place legislation to help protect you and other citizens.
But those new rules might affect the profits of a company dishing out the product that is risking your health. And that company has special rights – that you and I do not have – to sue your government for millions, maybe billions, not only for loss of current revenue, but also what the company speculates might be its possible future revenue loss.
Actually, you don’t need to imagine any of this. It’s the reality:
• In 2014, US tobacco giant Philip Morris sued Uruguay for $25 million for the introduction of graphic warnings on cigarette packages and other control measures to promote public health.
• Swedish energy giant Vattenfall filed a lawsuit for $6 billion after Angela Merkel announced a phase-out from nuclear power following the 2011 Fukushima accident.
• TransCanada sued the US for former President Obama’s decision to reject the Keystone XL pipeline as part of the US’s (then) commitment to tackling climate change. It dropped its whopping $15 billion lawsuit after Donald Trump reversed the climate-friendly decision in 2017.
All these actions and hundreds more were made possible through ISDS – or Investor-State Dispute Settlement – mechanisms that have been written into about 3,000 trade and investment agreements since the 1990s. At first governments did not realize how bad they were. Then, from the year 2000 onwards, corporations wised up and a surge of lawsuits followed.
Energy and fossil-fuel companies have been the most aggressive users of these investor powers, under the Energy Charter Treaty. But many others are in on the game, including pharmaceutical giants.
This creates ‘regulatory chill’ – governments becoming afraid to pass laws for the public good that might upset international corporations.
For speculative high-risk investors, ISDS can be a kind of insurance policy, says Cecilia Olivet, a Uruguayan academic and researcher with the TransNational Institute. For example, Spain is currently being sued for pulling back from renewable energy subsidies – not by renewable energy companies but by hedge funds which invested in them.
Now, the good news is that public revulsion against this affront to natural justice has borne fruit. The collapse in 2016 of the Transatlantic Trade and Investment Partnership (TTIP) negotiations between the EU and US was thanks largely to civil-society campaigns and Germany deciding to reject the inclusion of ISDS.
Attracting rather less media attention have been the painstaking activities of governments, especially in the Global South, to review their trade agreements and terminate those that contain the ISDS mechanism.
South Africa, prompted by some alarming cases, took the lead. In 2007 the Italian and Luxembourg investors Piero Foresti et al lodged a claim against South Africa for $350 million. Their grievance: a new mining law contained anti-discrimination rules from the country’s post-apartheid Black Economic Empowerment Act, requiring mining companies to transfer a portion of their shares to black investors.
Mustaqeem De Gama, a trade consultant in South Africa’s mission to the WTO, was a key player in reviewing the country’s trade and investment agreements and devising a better idea.
‘We created a model that other countries have followed,’ he says. These countries include Nigeria, Sri Lanka, Indonesia, India, Ecuador and, most recently, Tanzania.
‘We didn’t just uproot the system,’ explains the careful and softly spoken De Gama. A domestic act was created to ensure that foreign investors got fair and non-discriminatory treatment in national courts. There is also an early warning and dispute-avoidance mechanism.
Countries are often told, by their more powerful trading partners, that they will not get foreign investment unless they sign up to these investor-protection clauses.
But research from India, South Africa and Ecuador shows that this is not the case. There is no correlation between a bilateral treaty which includes ISDS and getting investment.
Another good sign is the growing acceptance, within the EU at least, that the system has to be reformed.
Mutant mechanism
The bad news is that the reforms make little difference. The toxic acronym might have been dropped and the EU may have declared the ‘death of ISDS’, but the mechanism is alive and kicking.
‘It has not disappeared,’ says Cecilia Olivet. It just mutated into the EU’s Investor Court System (ICS) which is now embedded in new agreements – CETA, the Comprehensive Economic and Trade Agreement recently negotiated between Canada and the EU, for example; and MXEU, the ‘modernized’ deal between Mexico and the EU. Investor protection is also embedded in a new EU-Japan deal and in a recent agreement between the EU and Singapore. The ink had barely dried on this deal when British vacuum-cleaner tycoon and Brexiteer nationalist James Dyson announced that he would be making electric cars in Singapore, not Britain, after all. It was a timely, if ironic, move – just before Britain was due to leave the EU.
The toxic acronym might have been dropped and the EU may have declared the ‘death of ISDS’, but the mechanism is alive and kicking
To be fair, the ICS is in some ways an improvement. ‘It is less ad hoc and there is greater transparency than with ISDS,’ says Olivet. ‘But it is still biased in favour of corporations.’
A joint investigation undertaken by a group of European and Canadian institutions put the ICS to the test by looking at what would happen to some of the most egregious cases under the ISDS system were they subjected to the ICS instead.
The report found: ‘Every one of these controversial disputes could still be launched and likely prosper under ICS. There is nothing in the proposed rules that prevents companies from challenging government decisions to protect health and the environment. And there is nothing to prevent arbitrators from deciding in their favour, ordering states to pay billions in taxpayer compensation for legitimate public policy measures.’
Even if they win cases against them, the cost to sued countries can be massive. Lawyers have a vested interest in bringing cases and corporations have ever deeper pockets. Some individual corporations today have wealth exceeding the GDP of several countries.
Though the ICS is in its infancy, there is already recognition at official, political and academic levels that it is flawed. So, enter another variant: the Multilateral Investment Court. (If you have lost the will to read on – or even live – my apologies.)
This newcomer is the brainchild of the EU and Canada. It is much like the ICS but establishes a permanent body to decide investment disputes. It would adjudicate disputes under future and existing investment treaties and would replace the Investment Court System included in the recent EU-level trade and investment agreements.
Yet again, it does nothing to tackle the issue of investor powers.
‘The reforms are a response to the backlash, an effort to legitimize and keep the system running,’ says Olivet. ‘When people see the impacts they will see it for what it is – a rigged system.’
In case you think this is all just another evil trick of Western capitalism, similar investor powers have crept into the China-led Regional Comprehensive Economic Partnership (RCEP) – the biggest and most secretive trade deal being negotiated in the world today.
And they also exist in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (a resuscitated version of TPP, also known as TPP11) between 11 countries, including Japan, Australia, New Zealand/Aotearoa, Canada, Peru and Malaysia. There is talk of post-Brexit Britain joining too.
There is a solution, however.
Scrap them. Investor protections – whatever their names – have no place in trade agreements.
If companies have a grievance they can always have recourse to the national court systems like anyone else.
‘ISDS has become a core component of trade deals and for me the most worrying part. Investment as a whole should be taken out of trade deals,’ says Nick Dearden of Global Justice Now, one of the organizations taking part in a renewed campaign.
‘Ecuador, Indonesia and others have ripped up bilateral deals that include ISDS, saying “we are not doing this any more”. It feels like a tipping point.’
Former New Internationalist co-editor and regular contributor Richard Swift, who has been looking at this topic from Canada, puts it succinctly: ‘The investor/state system is a mug’s game and should be rejected along with any “free trade” agreement that hosts it.’
Brexit and the dark arts
Lobbyists, chlorinated chicken and tricksy business in the fog of Brexit.
It’s not often you get to see it in action: a secret video captures an almost comically sleazy fixer spilling the beans about the tricks of his trade. His name is Mark Littlewood and he heads the Institute of Economic Affairs (IEA).
The run-up to Brexit has been a busy time for special-interest lobbying or, to put it more bluntly, ‘cash for access’. Not that they call it that, though. The IEA is officially a ‘thinktank’ and even a ‘charity’ registered with the hard-to-fathom Charity Commission.
Anyway, one of Greenpeace’s Unearthed videos shows IEA personnel telling an undercover reporter, posing as a lobbyist for the US meat industry, about the scale of access their organization has to offer its clients. Four members of the House of Lords in a morning, for example, five MPs for lunch, then a couple of key ministries (for tea, presumably), they outline, charitably.
The IEA claims to have no political position on Brexit, but is, Littlewood says, ‘unbelievably well connected’ to top Brexiteer politicians, including trade secretary Liam Fox, environment minister Michael Gove and former foreign secretary Boris Johnson. Its corporate clients are the type that want safety legislation watered down, especially the sort of EU laws that have been hampering, for example, the import of US chlorinated chicken or hormone-boosted beef. It can get stories placed in the media on behalf of the alcohol industry, has been helping US gambling interests and counts the fossil-fuel giant BP among its clients.
The IEA is coy about where it gets its money from. But according to a Guardian freedom of information investigation, it is one of four rightwing British groups, including Legatum, the Adam Smith Institute, and Policy Exchange, to have received $5.6 million from anonymous donors via US fundraising bodies. The American Friends of the IEA is reported to have transferred $1.6 million to the IEA in the past decade.
Brexit is a massive disruption and a gift for lobbyists and law firms. Thousands of laws are up for a rethink and new deals have to be struck. The job of designing workable policies has fallen increasingly to private-sector lobbyists, notes Tamasin Cave, a campaigner with the transparency website Spinwatch.
Brexit is a massive disruption and a gift for lobbyists and law firms
Take the ‘Ideal UK-US Free Trade Agreement’, a blueprint prepared by the Initiative for Free Trade (an outfit founded by Eurosceptic MEP and leader of Vote Leave, Daniel Hannan) in conjunction with the Cato Institute, a rightwing US libertarian thinktank funded by the Koch family. Also consulted were the IEA and the Adam Smith Institute, in Britain, and the American Enterprise Institute, the Competitive Enterprise Institute and Heritage Foundation in the US. Researchers enjoyed exceptional access to ministers in the UK Department for International Trade and the Department for Exiting the European Union.
Presented as a model for future trade post-Brexit, the plan argues for a deal that would loosen government controls on capital and data flows and be ‘more liberalizing than any other free-trade agreement in the world’. It would remove tariffs and throw out the precautionary principle that has guided much EU regulation on pesticides, chemicals in cosmetics, GM food, hormones in meat and so on. And, a big prize, it would fully open up the NHS to private foreign competition.
In the confusion of Brexit, the rising demand for insider access and information has seen many ex-ministers and officials taking well-paid posts with British and US lobbying and law firms.
It’s not much more salubrious in Brussels. Talks between the UK and EU are largely closed to citizen scrutiny. But corporate lobbyists have been there in force, with scores of representatives from the big banks helping negotiators on both sides of the table, according to a joint report from a group of civil-society organizations including Corporate Europe Observatory.
The UK financial sector has ‘brought out the big lobbying guns,’ says the report. ‘Their lobbying offensive aims to influence a future trade deal between the two sides that promotes the interests of the financial sector, not just in London but in the EU27 member states as well.’
If their proposals became reality, the report says, they could block a tax on transactions, stop attempts to make big banks safer and leave governments open to paying out huge fines awarded by investment courts.
One thing of which we can be sure – in the fog of Brexit, the dark arts have become that much darker.
China is making promises, but keeping them may be hard...
‘China will not close its door to the world and will only become more and more open,’ said Chinese president Xi Jingping at a trade fair in Shanghai in late 2018.
‘Protectionism and unilateralism are rising. Multilateralism and the free-trade system are under threat,’ he warned, managing to avoid the name on everybody’s mind.
The speech, a few weeks ahead of a planned meeting between Xi and US president Donald Trump, was designed to be sweet music to the ears of free-traders.
In contrast to a petulant Trump, launching trade wars like a toddler hurling toys out of his playpen, Xi has been sounding like the grown-up in the room – a supporter of the rules-based multilateral system epitomized by the WTO.
At the 2017 World Economic Forum in Davos, Xi had reflected: ‘There was a time when China had doubts about economic globalization and was not sure whether it should join the World Trade Organization. But we came to the conclusion that integration into the global economy is a historical trend. To grow its economy, China must have the courage to swim in the vast ocean of the global market.’
Courage ‘to swim in the vast ocean’ has not been wanting in the Chinese leadership. Take the ‘Belt and Road’ – China’s big plan to link 70 countries by land and sea and the most ambitious geopolitical initiative of our age – for example. ‘It is,’ writes China expert Bruno Maçães, ‘the Chinese plan to build a new world order replacing the US-led international system.’
But when it comes to action on opening up its own market to others, China is more cautious.
‘China wants to be recognized under WTO rules as a market economy but is not behaving like one,’ says Isabel Hilton of the NGO Chinadialogue.
The West accuses China of ‘non-market’ strategies, such as using state subsidies to over-produce steel and aluminium; restricting the import of foreign goods and services, and keeping many sectors closed off to foreign investment.
Trump’s complaints about Chinese trade practices have been the loudest and most undiplomatic – unless you think ‘rape’ is a diplomatic way of describing a trade imbalance. But the underlying complaints are not new. For years European and US chambers of commerce have noted ‘administrative’ and other barriers to those wanting to do business in China.
The Chinese have announced reform, ‘but concrete actions are pretty hard to spot,’ comments Hilton.
Whether Trump’s efforts will succeed where others have failed remains to be seen. China has more to lose in a trade war with the US simply because its exports to the Western power far exceed its imports from it. In a tit-for-tat spat, the US has more firepower.
A trade war also interferes with China’s big plans for the future – such as ‘Made in China 2025’. Unveiled in 2015, this strategic plan aims to lift the country’s industries – from robotics, aerospace and new materials to ‘new energy’ vehicles – up the value chain, replacing imports with local products and building global champions able to take on the Western giants in cutting-edge technologies.
Unsurprisingly, the US, which has long accused China of stealing intellectual property, feels threatened. But, in a sense, the West let it happen. Successive Chinese leaders pressed foreign business to transfer technology and expertise, especially in aeronautics, electronics, cars, high-speed trains and nuclear energy. In exchange, the Western companies got a cheap work force and a developing-world government that was willing to ignore the environmental costs of their activities.
China consequently has managed to develop its own technology companies – Alibaba, Huawei, Tencent, Weibo, WeChat – on its own terms. And the country’s 802 million internet users are mostly inaccessible to the Silicon Valley giants that dominate the rest of the world – Google, Amazon, Facebook and Apple.
‘Bringing China down’
Is China really ready to open up? It may be hard. The more Trump attacks China the more it confirms that the US is just trying to bring China down – a view endorsed by the US-requested arrest of Meng Wanzhou, a top executive of China’s smart phone giant, Huawei, in Canada, for alleged US sanctions busting.
‘Don’t forget this has been the narrative since 1989,’ observes Isabel Hilton. ‘It’s the thing that justifies the continued rule of the party: “China was a great power until foreigners brought China to its knees. The Party has restored China to its former and deserved greatness but the foreigner is always out to get us.” [So] every hostile move that the US makes against China feeds into that story.’
China is much more open to travelling about the world with its Belt and Road initiative – exporting its model of development in Africa, Latin America, Southeast Asia and beyond.
If successful, Belt and Road will result in a huge increase in Chinese power, locking at least a third of the world’s countries into investment with the economic giant. The driver for Belt and Road is excess capacity in China’s core industries following the country’s industrial revolution.
‘The infrastructure companies are maxed out on pouring concrete at home; they need new markets,’ says Hilton. ‘They have a very powerful combination of state, financial and political backing.’
Some on the Left, such as trade expert and veteran negotiator Yash Tandon, have welcomed the arrival of China on the scene in the Global South, pointing out that it is creating a lot more useful infrastructure than the US or Europe ever did in their exploitative quest for raw materials.
But China’s involvement in Africa, Latin America and Asia-Pacific is contentious. Nations of the South have become saddled with debt in exchange for infrastructure, sometimes of doubtful value. There are warnings of a new debt crisis in Africa, which received $60 billion worth of Chinese investment in 2018. The World Bank now rates 18 African countries at ‘high risk of debt distress’, topped by Zambia, Djibouti and Republic of Congo, all heavily indebted to China.
The environmental impacts of Belt and Road are also alarming. China has made admirable progress toward renewables, mass-producing cheap solar and wind technology. But this is not the model being exported to the developing world. Rather, China’s traditional industrial capacity is being used to open up new coal, oil and other climate-wrecking sources.
Meanwhile, China’s trade with and investment in weaker parties increasingly spills over into geopolitical demands: last year Burkina Faso, El Salvador and the Dominican Republic all broke ties with Taiwan. Coercive commercial tactics may be used when dealing with the not-so-weak, as seen when Britain tried and failed to pull out of a Chinese contract to renovate Hinkley Point nuclear power station or when Argentina tried to end a contract for a big dam project.
More than trade
The background fear is that increased hostility between the world’s two biggest powers will lead to military conflict. It would not be the first time in history that a trade dispute ended in this way.
‘I don’t believe anyone wants a war,’ says Hilton. ‘The US military doesn’t and the Chinese certainly don’t.’ Unlike the US, China, she notes, has been good at getting a lot of what it wants without firing a shot.
For the US, a waning economic power, the sight of China’s physical expansion into the South China Sea is alarming. China keeps building new islands on coral reefs for naval instillations, claiming them as Chinese territory, although this is not recognized by any other country.
The US responds with displays of superior naval hardware and nuclear capability dotted around the region. The US is determined not to sell China military technology, but Britain is keen to relax the post-Tiananmen massacre EU embargo on selling weapons to China, and recently sold advanced dual-use radar equipment. A desperate and weakened post-Brexit Britain is likely to ramp up its arms-trading activities.
One spin-off from US hostility is that China is now being more ‘friendly’ in its relations with the EU, Japan and its regional neighbours. It is also busy negotiating regional trade deals, such as the Regional Comprehensive Economic Partnership (RCEP).
The Chinese leadership is ambitious for sure, but it would be a mistake to overstate the country’s economic stability. Even without a trade war there are concerns about the economy. China has a mountain of debt (250 per cent of GDP) following the 2008 financial crisis, when it spent billions (12.5 per cent of GDP) on a fiscal stimulus and big infrastructure projects – essentially bailing out the global economy. It now has a slowing rate of growth and an ageing population. The leadership admits the situation is challenging.
Who knows what the next move will be in the elaborate power game as China pursues great expansion and the US seeks to contain it. But chances are, China will be playing its cards close to its chest.
Read part two of Trade in turmoil here.
, 7 January 2019
The free trade myth
T.J. Coles explains ISDSs, legal mechanisms designed to favour corporate interests that will be integral to any post-Brexit US-...
Trade in turmoil: part two
In part two of The Big Story, Vanessa Baird explores the costs of free trade to the environment and Global South.
Will Brexit backfire with lawsuits?
Nick Dowson asks if Brexit will expose the UK to being sued.
Human rights after Trump
Nanjala Nyabola explains why Trump presents a challenge for those who work in human rights.
Why a people’s vote on Brexit is democratic
Vanessa Baird on why she will be marching in London on Saturday
View from Africa: Progress without people
Nanjala Nyabola on Kenya’s embrace of the Chinese development model.
Why CETA is no better
The agreement between Canada and the EU remains the wrong type of trade deal. Alex Scrivener writes.
The next financial crisis
Clueless central banks? A trade war? Southern debt overload? Leading economists including Jayati Ghosh, Cédric Durand and...
A People’s Vote on Brexit
A new popular movement is born – and it might just halt a Brexit disaster. Vanessa Baird dares to hope.
One belt, one road
Wayne Ellwood looks at the scale of China’s ’Belt and Road’ juggernaut and its economic and political ramifications.
Film picks of the month
Mountains May Depart, by Jia Zhangke, and Makala, by Emmanuel Gras are reviewed this month.
‘Curing’ homosexuality in China
LGBT+ people are subjected to forced confinement, medication and electric shocks to try to change their sexual orientation,...
2017: looking for something to cheer about
As we bid farewell to 2017, Mari Marcel Thekaekara looks back at the year that was.
What we learned from Argentina’s WTO alternative
Buenos Aires welcomed the WTO with a week of action. By Paula Serafini and Martín Vainstein.
When comedy sides with tyranny
More dull old men have recently told us that political correctness ruins culture, echoing Donald Trump. Chris Coltrane writes.
Robots, not humans: official policy in China
Industrial robots are being put to work on a huge scale. Jenny Chan looks at the case of Foxconn.
Brexit’s threat to Africa trade
Nick Dowson reports on Brexit’s impact on some Global South economies.
Why the World Bank won’t end inequality
Lidy Nacpil disputes the World Bank’s claim that it’s now fighting inequality.
Can Brexit be stopped?
Momentum for an exit from Brexit is building, writes Vanessa Baird.
The West and Asian education: a fatal attraction
Why the West must stop copying China’s flawed education system, by Yong Zhao.
Preventing the killing of Tibet's mother tongue
Tibetan faces rapid urbanization, dwindling numbers of native speakers, and the even greater threat of Chinese policies, writes...
Brexit stage right
The triggering of Article 50 this week is likely to be one of the most dramatic constitutional changes to the UK for a generation...
The EU-Turkey refugee deal: one year on, still a disaster
The world has focused on Trump’s wall and Muslim-ban, and Britain and the EU have managed to pursue their own equally draconian...
Is PM Theresa May really as economically illiterate as her immigration based stance on Brexit suggests?
The Prime Minister's pronouncements just don’t add up, argues Paul Donovan.
One Day Without Us: a day to stand up for migrants’ post-Brexit precarity
Marienna Pope-Weidemann interviews Matt Carr, core organizer of the 20 February British day of action for migrant solidarity.
Books against Trump: an anti-Trump reading list
As Orwell’s 1984 hits US top seller lists in the wake of Trump’s presidency, Ed Fairhead provides a few more must-read titles to...
Don’t praise Trump for the defeat of TPP
It is good that the toxic Trans Pacific Partnership is dead, but it is unions and campaigners we should thank, argues Nick...
How to hit tax dodgers where it hurts, at a local level
The Tax Justice Network Taxcast takes on public procurement, Brexit threats, criminal dodges and tax evader crackdowns.
A foreign policy for Brexit?
Brexit both contains and is creating uncertainties that will have an impact on international relations and security policy in...
On computers, terror and Brexit
Travelling can sometimes help put things into perspective, writes James Rowland.
Italy referendum: the next stop on the runaway populist train?
Darren Loucaides reports on Italy’s referendum on constitutional reform and its consequences for the country, Europe and populism.
From this month's guest editor: John Pilger
Journalist John Pilger introduces the December edition of New Internationalist magazine.
Can post-Brexit trade deals protect social and climate justice?
Scholar James Harrison critically explores the problem of how to make sure future trade agreements include environmental and...
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Page last updated at 03:59 GMT, Wednesday, 25 November 2009
'I hid my partner's violent abuse from everyone'
As the government pledges to tackle violence against women and girls, with schools playing a leading part, a woman who survived an abusive relationship - and a father whose daughter did not - say what they believe needs to change if future tragedies are to be averted.
DAVID SPARKS' DAUGHTER DEANNA WAS MURDERED
The man who murdered my daughter Deanna spiked her omelette with sleeping pills, beat her and then set fire to her flat in south London.
She had her 17-month-old son with her and he suffered severe burns.
But I'm pleased to say the baby pulled through and is now doing well.
Deanna's partner was jailed for a minimum of 23 years.
Police said Deanna Sparks was "viciously attacked" by Stephen Singer
If Deanna had felt he was violent I don't think she would have told me. She'd have kept it to herself.
I'm totally against domestic violence and think action is long overdue. Previous governments haven't taken it seriously enough.
A lot of survivors of domestic abuse and violence never recover mentally. The rest of their family are also left in turmoil.
The new government proposals are certainly a step in the right direction.
Tougher sentencing
Girls need to be educated so that they know they don't have to put up with violence and that help is available.
I agree with what the government is planning and I also believe there should be tougher sentencing.
A man who beats a woman or girl shouldn't just get a slap on the wrist - he should go to prison for two, three or four years.
In the case of my daughter, the man who murdered her got life and I think life should mean life.
FIONA WAS IN AN ABUSIVE RELATIONSHIP
I was very young and immature when I met my partner. He quickly tried to control what I did, where I went and what I wore.
The abuse was initially emotional and verbal and he isolated me from my family and friends. When he became violent I thought it was my fault and that I was making him angry.
I had hidden the abuse from everyone. But I ended up in hospital with severe head injuries after a beating and the hospital called my boss in to get the office keys from me.
He was totally shocked. With the human resources department, he got me a job at the other end of the country.
So I was able to start a new life and the courts helped me to get a divorce without having to disclose my new address.
Everyone's business
I studied for an MBA and became a successful business woman.
Refuge wants people to speak out if they see or hear something. I remember running outside with blood running down my face and calling out to neighbours: "Get the police".
But they went back indoors. People feel it isn't their business. But it is everyone's business.
The government has made significant inroads by recognising that the problem is massive.
I welcome the idea of getting the message across in schools - and of intervening earlier to tackle stalking and harassment.
But there's still a long way to go. It is appalling that there are no services for domestic violence victims in some areas. The government should fund services in all areas.
It took me 18 years to be able to speak about what happened to me. If, by speaking out, I can change one person's life and help them to survive then that would be wonderful.
Domestic violence lessons planned
25 Nov 09 | UK
Omelette-spiking murderer jailed
13 Jul 09 | London
Department of Heath
Training and Development Agency for Schools
TOP UK STORIES
Major manhunt for Afghan soldier
Unemployment dips to 2.47 million
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Crackdown 3 Delayed
Yesterday, Microsoft announced the release date of Crackdown 3 is being pushed from November 7, 2017 to spring 2018. This is the second delay for the game. Which, if you've been keeping track, was announced at E3 2014.
The statement Microsoft's Shannon Loftis, a General Manager with Microsoft Studio Publishing, was given to Polygon. In it, she said, “We’re very excited about Crackdown 3, and so are many fans, and so it’s a difficult call to move the release date. However, we want to make sure to deliver the right game, with the right quality, and at the right time.” The company wants to be sure there is a balance between the single player, cooperative, and competitive multiplayer.
Crackdown 3 was originally announced at E3 in 2014, and has seen a lot of change over the years, not unlike many changes at Microsoft with significant hardware changes as the Xbox One’s life cycle has progressed. Speaking of hardware, Crackdown 3 was originally set to be a launch title of sorts for the Xbox One X, making the new console iteration short a major exclusive.
Source: Polygon
Get Your Hands on Free Crackdown 3 DLC
Crackdown 3 Development Is Apparently Almost Done
Crackdown 3 Delayed... Again
Crackdown 3 Settles on a Release Window
Crackdown 3 Controllers Come from Contests
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Trump brushes off concerns over N. Korea missile tests
Published : May 26, 2019 - 16:03
Updated : May 26, 2019 - 17:55
US President Donald Trump on Sunday downplayed the potential danger of North Korea’s missile launches in early May, just a day after national security adviser John Bolton called the tests a clear breach of UN resolutions.
“North Korea fired off some small weapons, which disturbed some of my people, and others, but not me,” Trump tweeted during a four-day state visit to Japan that started Saturday.
US President Donald Trump (left) and Japanese Prime Minister Shinzo Abe smile before playing a round of golf at Mobara Country Club in Mobara, south of Tokyo, Sunday. (AP-Yonhap)
On May 9, North Korea tested two short-range missiles, which fell into the East Sea between the country and Japan. This followed the launch of a short-range missile May 4 under the supervision of North Korean leader Kim Jong-un.
Talks between Trump and Kim about Pyongyang’s nuclear weapons have been at a standstill since they failed to reach an agreement during their second summit in Hanoi in February.
Kim has maintained a moratorium on missiles and nuclear testing since the country test-fired Hwasong-15 intercontinental ballistic missiles in late November 2017.
South Korea’s presidential office Cheong Wa Dae and its Defense Ministry have been cautious about identifying the May 9 projectiles “ballistic missiles,” as this could lead to calls for additional sanctions against North Korea.
“I have confidence that Chairman Kim will keep his promise to me,” Trump also said in the tweet.
At a press conference in Tokyo on Saturday, Bolton’s attitude toward the North’s recent moves stood in sharp contrast to Trump’s: Bolton identified the projectiles as “ballistic missiles” and said the tests violated United Nations Security Council resolutions.
The UN resolutions prohibit the launch of any ballistic missiles, Bolton said. North Korea’s test firings included short-range ballistic missiles, he added, so there was “no doubt” it was a violation, and he urged Kim Jong-un to return to the denuclearization talks.
On Friday, North Korea’s Foreign Ministry spokesman accused the US of trying to shift the blame for the collapse of the Hanoi summit and warned that nuclear talks would never resume unless Washington adopted a new approach.
Tensions between the two countries escalated last week after North Korea publicly criticized the US’ “extreme hostile policy” in response to the seizure of its cargo ship, the Wise Honest, which allegedly violated UN and US sanctions by carrying North Korean coal destined for export.
North Korea’s ambassadors to the UN and the UN in Geneva -- Kim Song and Han Tae-song, respectively -- urged the US to immediately release the vessel at a media conference and in an interview with Reuters.
Bolton called the US seizure “appropriate” and said it may be a good time to discuss the return of the USS Pueblo, a naval intelligence ship held by the North since 1968.
By Park Han-na (hnpark@heraldcorp.com)
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Shop Sense and Sensibility
Format: Paperback | Size: 7 x 10 | Page Count: 208 | ISBN: 978-0-941599-77-1
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Sense and Sensibility quantity
SKU: 978-0-941599-77-1 Category: Classics and Biographies Tags: classics, Jane Austen
Sense and Sensibility is one of Jane Austen’s best loved novels. The story revolves around two sisters Elinor and Marianne. When their father dies, his estate passes to their half-brother and the girls are left without a home or the means to support themselves. With their mother and younger sister they move to a new home – a cottage on a distant relative’s farm. Elinor, the sensible sister, and Marianne, the over imaginative romantic, must rely on a good marriage as a means of support. Through their scheming they experience romance and heartbreak and eventually find balance between sense and sensibility in life and love.
Jane Austen (1774-1817) is regarded as one of the most beloved writers in English literature. From 1811 to 1815 with the release of Sense and Sensibility (1811), Pride and Prejudice (1813), Mansfield Park (1814), and Emma (1815) she achieved her greatest success as a published writer. She wrote two additional novels Northanger Abbey and Persuasion, both published after her death in 1817. As a young girl Austen began writing poems, stories, and plays for her own and her family’s amusement. Later she compiled 29 of these early works into
three bound notebooks, now referred to as the Juvenilia. Austen’s clever ability to combine attraction between the sexes with conflict and humor created some of our most enduring romantic novels. These timeless classics have become increasingly popular. Sequels, prequels, and adaptations of almost every sort have been based on her novels, including adaptations to film and television. Many of her stories have been modernized such as the movie Clueless (1995), an updated version of Emma, which spawned its own television series.
E-book Edition: $2.32 – $9.29
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Adventures of Huckleberry Finn, The
Alice’s Adventures In Wonderland and Through the Looking Glass
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THE MAKING OF GEORGE A ROMERO'S DAY OF THE DEAD - Lee Carr
THE MAKING OF GEORGE A. ROMERO’S DAY OF THE DEAD
By Lee Karr
With a foreword by Greg Nicotero
Released in 1985, Day of the Dead was the final film of George A. Romero’s classic zombie trilogy, which forever changed the face of horror filmmaking. Now, for the first time, the full history of the making of this cult favourite is revealed. Drawing on a wealth of exclusive interviews with the cast and crew, author Lee Karr leaves no stone unturned – detailing the movie’s pre-production, shoot, release and legacy. Filled with behind-the-scenes gossip and previously unpublished stories from the set, as well as over 150 full-colour photos, this book gives Day of the Dead the resurrection it deserves.
288 pages / 150 photos / 254 x 192mm
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