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Stanford Medicine News 2019 07 Neuron-nudged mice see what isn’t there
Stanford scientists, using only direct brain stimulation, reproduced both the brain dynamics and the behavioral response of mice taught to discriminate between two different images.
July 18, 2019 - By Bruce Goldman
Karl Deisseroth is the senior author of a study describing how he and his colleagues stimulated nerve cells in the visual cortex of mice to induce an illusory image in the animals’ minds.
Steve Fisch
Hallucinations are spooky and, fortunately, fairly rare. But, a new study suggests, the real question isn’t so much why some people occasionally experience them. It’s why all of us aren’t hallucinating all the time.
In the study, Stanford University School of Medicine neuroscientists stimulated nerve cells in the visual cortex of mice to induce illusory images in the animals’ minds. The scientists needed to stimulate a surprisingly small number of nerve cells, or neurons, in order to generate the perception, which caused the mice to behave in a particular way.
“Back in 2012, we had described the ability to control the activity of individually selected neurons in an awake, alert animal,” said Karl Deisseroth, MD, PhD, professor of bioengineering and of psychiatry and behavioral sciences. “Now, for the first time, we’ve been able to advance this capability to control multiple individually specified cells at once, and make an animal perceive something specific that in fact is not really there — and behave accordingly.”
The study, published July 19 in Science, holds implications for obtaining a better understanding of natural information processing in the brain, as well as psychiatric disorders such as schizophrenia, and points to the possibility of designing neural prosthetic devices with single-cell resolution.
Deisseroth is the study’s senior author. Lead authorship is shared by staff scientists James Marshel, PhD, and Sean Quirin, PhD; graduate student Yoon Seok Kim; and postdoctoral scholar Timothy Machado, PhD.
Using optogenetics
Deisseroth, who is a Howard Hughes Medical Institute investigator and holds the D. H. Chen Professorship, pioneered optogenetics, a technology enabling researchers to stimulate particular neurons in freely moving animals with pulses of light, and to observe the resulting effects on the animals’ brain function and behavior.
In the new study, Deisseroth and his colleagues inserted a combination of two genes into large numbers of neurons in the visual cortex of lab mice. One gene encoded a light-sensitive protein that caused the neuron to fire in response to a pulse of laser light of a narrowly defined color — in this case, in the infrared spectrum. The other gene encoded a fluorescent protein that glowed green whenever the neuron was active.
The scientists created cranial windows in the mice by removing a portion of the animals’ skulls to expose part of the visual cortex, which in both mice and humans is responsible for processing information relayed from the retina. The investigators protected this exposed area with a clear glass covering. They could then use a device they developed for the purpose of the study to project holograms — three-dimensional configurations of targeted photons — onto, and into, the visual cortex. These photons would land at precise spots along specific neurons. The researchers could monitor the resulting activity of nearly all individual neurons in two distinct layers of the cerebral cortex spanning about 1 square millimeter and containing on the order of several thousand neurons.
With their heads fixed in a comfortable position, the mice were shown random series of horizontal and vertical bars displayed on a screen. The researchers observed and recorded which neurons in the exposed visual cortex were preferentially activated by one or the other orientation. From these results, the scientists were able to identify dispersed populations of individual neurons that were “tuned” to either the horizontal or vertical visual display.
They were then able to “play back” these recordings in the form of holograms that produced spots of infrared light on just neurons that were responsive to horizontal, or to vertical, bars. The resulting downstream neuronal activity, even at locations relatively far from the stimulated neurons, was quite similar to that observed when the natural stimulus — a black horizontal or vertical bar on a white background — was displayed on the screen.
It’s quite remarkable how few neurons you need to specifically stimulate in an animal to generate a perception.
The scientists trained the mice to lick the end of a nearby tube for water when they saw a vertical bar but not when they saw a horizontal one or saw neither. Over the course of several days, as the animals’ ability to discriminate between horizontal and vertical bars improved, the scientists gradually reduced the black-white contrast to make the task progressively harder. They found that the mice’s performance perked up if the scientists supplemented the visual displays with simultaneous optogenetic stimulation: For example, if an animal’s performance deteriorated as a result of a lowered contrast, the investigators could boost its discrimination powers by stimulating neurons previously identified as preferentially disposed to fire in response to a horizontal or vertical bar.
This boost occurred only when the optogenetic stimulation was consistent with the visual stimulation — for example, a vertical bar display plus stimulation of neurons previously identified as likely to fire in response to vertically oriented bars.
Hallucinating mice
Once the mice had become adept at discriminating between horizontal and vertical bars, the scientists were able to induce tube-licking behavior in the mice simply by projecting the “vertical” holographic program onto the mice’s visual cortex. But the mice wouldn’t lick the tube if the “horizontal” program was projected instead.
“Not only is the animal doing the same thing, but the brain is, too,” Deisseroth said. “So we know we’re either recreating the natural perception or creating something a whole lot like it.”
In their early experiments, the scientists had identified numerous neurons as being tuned to either a horizontal or a vertical orientation, but they hadn’t yet directly stimulated those particular neurons optogenetically. Once the mice were trained, optogenetic stimulation of small numbers of these neurons was enough to get mice to respond with appropriate licking or nonlicking behavior.
The researchers were surprised to find that optogenetically stimulating about 20 neurons — or fewer in some cases — selected only for being responsive to the right orientation could produce the same neuronal activity and animal behavior that displaying the vertical or horizontal bar did.
“It’s quite remarkable how few neurons you need to specifically stimulate in an animal to generate a perception,” Deisseroth said.
“A mouse brain has millions of neurons; a human brain has many billions,” he said. “If just 20 or so can create a perception, then why are we not hallucinating all the time, due to spurious random activity? Our study shows that the mammalian cortex is somehow poised to be responsive to an amazingly low number of cells without causing spurious perceptions in response to noise.”
Deisseroth is a member of Stanford Bio-X and of the Wu Tsai Neurosciences Institute at Stanford.
Stanford’s Office of Technology Licensing has filed a patent application for intellectual property associated with the work.
Other Stanford co-authors of the study are graduate student Brandon Benson; postdoctoral scholars Jonathan Kadmon, PhD, Masatoshi Inoue, PhD, and Hideaki Kato, PhD; life science researcher Cephra Raja; lab managers Adelaida Chibukhchyan and Charu Ramakrishnan; and Surya Ganguli, PhD, assistant professor of applied physics.
The work was funded by the Defense Advanced Research Projects Agency, HHMI, the National Institutes of Health (grants R01MH075957 and P50DA042012), the Simons Foundation, the Wiegers Family Fund, the Nancy and James Grosfeld Foundation, the Sam and Betsy Reeves Fund, the H.L. Snyder Foundation, the Burroughs-Wellcome Foundation, the McKnight Foundation, the James S. McDonnell Foundation and the Swartz Foundation.
Stanford’s departments of Bioengineering and of Psychiatry and Behavioral Sciences also supported the work.
Bruce Goldman
Bruce Goldman is a science writer in the Office of Communications. Email him at goldmanb@stanford.edu.
goldmanb@stanford.edu
Stanford Medicine integrates research, medical education and health care at its three institutions - Stanford University School of Medicine, Stanford Health Care (formerly Stanford Hospital & Clinics), and Lucile Packard Children's Hospital Stanford. For more information, please visit the Office of Communication & Public Affairs site at http://mednews.stanford.edu.
When activated, ‘social’ brain circuits inhibit feeding behavior in mice
Researchers at Stanford demonstrated that direct stimulation of fewer than two dozen neurons linked to social interaction was enough to suppress a mouse’s drive to feed itself.
Novel technology pioneered by Stanford researchers ties brain circuits to alertness
2021 ISSUE 2
The most mysterious organ
Unlocking the secrets of the brain
Stanford Medicine is closely monitoring the outbreak of novel coronavirus (COVID-19). A dedicated page provides the latest information and developments related to the pandemic.
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Home The Australian government breaks the IELTS English testing monopoly
The Australian government breaks the IELTS English testing monopoly
In countries like Australia where education is a major export earner (it’s the third largest), testing the English skills of prospective students has been a mandatory part of applying for a study visa. No surprise there, most countries competing to recruit fee-paying students require some sort of language test score to apply for a visa. The difference was that in Australia, the only acceptable test score was from IELTS, making this business a very lucrative monopoly. Now, monopolies may not be flavour of the decade in the global economy, but they exist, even in education; however there aren’t many government-sanctioned monopolies that benefit only one private sector for-profit enterprise. What’s even more amazing is when two of the major shareholders in this monopolist are a UK government quango and one of the world’s top universities. Yes that’s right, IELTS is jointly owned by the British Council, Cambridge University, IDP and IELTS Australia.
This is an unusual post-modern colonial enterprise, given the history of the key Australian shareholder IDP. IDP started life as the Australian Asian Universities’ Cooperation Scheme (AAUCS) a quango, who were part of the Australian government’s diplomatic outreach programme (the Columbo Plan). In 1969 their remit was to provide development assistance to universities in South East Asia.
Twelve years later this quango became the International Development Plan (IDP) and the recruitment of fee-paying foreign students began as an initiative of the Hawke Labor government in 1985 (fees for local students began in 1989). In 1989 IDP became part of IELTS and in 1996 the organisation switched from being a quango to a private company whose shareholders were 38 of Australia’s universities. Everything went swimmingly with the student recruitment business growing rapidly but then in 2003-4 the local market and IDP fell off a cliff. In 2005 a new CEO, Tony Pollock, was hired to turn IDP around and within a year 50% of IDP was sold to the local listed online recruitment company SEEK Pty Ltd. SEEK have since become a major local education company via their investment in THINK Education Group. In 2008, IDP purchased the 46% of IELTS Australia it didn’t own making it a wholly owned subsidiary.
While IELTS Australia has enjoyed a privileged position, things haven’t been all plain sailing with the company being subjected to police and judicial investigations into cheating and bribery by students and test centre staff over the previous two years.
Fast forward to 2011 and in July, Chris Bowen MP, the Australian Immigration Minister, announced the breakup of ILETS’s monopoly, allowing students to apply for visas with test results from:
Test of English as a Foreign Language (TOEFL)
Cambridge English Advanced Exam (also known as Certificate in Advanced English, CAE)
While this is a substantive but slow change given Pearson first applied to the Australian government way back in May 2009! So why the change in policy now? It’s a combination of two factors, the most pressing is that Australia education export sector is under serious sustained competitive pressure, and removing unnecessary barriers to student recruitment is a priority (the review of English language tests began in 2008). Secondly, the IELTS monopoly showed that Australia’s tough competition laws had some glaring gaps. In 1974 when the local Trade Practices Act came into effect, universities were exempt, but as they developed for-profit enterprises they in theory began to fall with the Act’s remit. Competition law cases relating to education were few and far between, but the introduction of the Competition and Consumer Act in January 2011 put the sector on notice that the game had changed. For the Federal government this meant allowing the IELTS monopoly not only looked hypocritical (and may have been illegal) it actually ran counter to the interests of the education export sector.
The monopoly is gone, although ironically, competition may not be as fierce as one might expect given that the CAE exam is run by Cambridge ESOL, the department of Cambridge University, who are also part owners of IELTS.
Education is big business in Australia, but problems facing the sector from changes to visa regulations, a sky high currency and problems in key markets like India, should make education policy a political and bureaucratic priority. The current minority Labour government (who rely on independent and Green support) is so focused on its proposed carbon tax and managing a resources boom two-speed economy, that education policy is stuck in the slow lane.
Jun 24, 2011 Richard Taylor
10 years ago Education0
Kaplan buy Carrick Education and Franklyn Scholar in AustraliaStraight Forward Sponsorship
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If you are fan of science fiction films and books, you may be familiar with the words in the title of this article from the film Star Wars Episode II: Attack of the Clones. In one scene, C-3P0, a robot (android), enters a vast room where he sees androids manufacturing other androids like themselves.
If you are not a fan of science fiction, you will possibly consider this to be absurd, the idea that machines could one day be capable of making copies of themselves, who in turn could continue the process ad infinitum. Such is the stuff of science fiction, anything can be possible; using tricks of the mind and tricks of the camera, we can be made to believe the impossible.
But the concept of machines making machines is very real in nature. It is one of the more fascinating aspects of Dynamic Evolution. Note the following illustration, which is presented in Volume I of the book:
Imagine for a moment a team of construction workers who work at a plant belonging to a manufacturer that produces sophisticated spacecraft… say, a Nasa / IBM / Boeing kind-of conglomerate. There are multiple departments at this plant, which manufactures all of its own components; from the nuts and bolts to the fuselage, from the micro-fibers to the seats, from the Silicon chips to the million-line-code software programs. You approach a number of employees and ask them what work they do. They show you the component that they make, and they’re obviously very skilled. You then ask them what the component does. But they have no idea what part their component plays in the finished product…
How do they know how to make the component? They follow a plan (which corresponds to a set of principles within Dynamic Evolution). A supervisor takes their finished product and assembles it, along with several hundred other components made by equally institutionalised employees, each beavering away in his own specially fitted area of the factory floor. You question the supervisor, but he still doesn’t know what part his assembled component plays in the finished product. You ask him about the components that his part consists of, but he has no idea how they work.
This occurs throughout five or six levels until a specialist team take each of the final assembled parts and complete the spacecraft construction. You ask each of them about the components the craft is composed of, but they have no idea how the individual components work, they only follow the assembly plan and instructions they have been given. And of course this spacecraft has all the sophistication that human endeavours can muster.
We are now building a picture of a basic example of Dynamic Evolution. For we have not yet advanced beyond the fundamentals; the scale of the Plexus, from its lowest level to its highest, means that it contains intrinsic connections for each of the contextual Entities. Therefore:
What use is the plastic coating around the electrical wire unless it is graded appropriately, precision molded, and correctly fitted for insulation?
What use is the electrical wire unless it is connected to the proper channels and interfaces?
What use are the conduits and channels unless they lead to the power source?
What use is the power source unless it is properly configured, active, and provided with the means to keep it topped-up with the “juice” it requires to function?
And, of course, these questions cover all of the components in this large construction project from the very tiny to the very large, involving electrical distribution, fluid transport, air channeling, communications, comfortable and ergonomic furniture, etc. The complete plexus arrangement of component dependencies is vital for the finished product, just as the intrinsic values and members of the Plexus are vital for the existence and continuity of the cubic model.
How does the above illustration shadow the reality of machines making machines in nature? What are the real “machines” that this example compares to?
How does the full argumentation provide comprehensive proof that the Darwinian explanation for the origin of life can finally be laid to rest?
The answers lie in the work Dynamic Evolution–The Fundamentals, available from Amazon UK or Amazon US and now also from famous book stores like Barnes & Noble.
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Tag Archives: PPR
THE LIFE OF INEZ
Inez McCormack celebration
This was a special afternoon in South Belfast. The President of Ireland Michael D. Higgins along with one of his predecessors Mary Robinson joined trade unionists, community and human rights activists to say thanks for the life of a good friend. Few people could have imagined such a gathering anywhere in Northern Ireland 25 years ago or more during the troubles.
Some of Mary Robinson’s visits to Belfast in the past were very controversial, especially the one in 1993 when she shook hands with Gerry Adams of Sinn Féin. The person who worked behind the scenes to organise the meeting was Inez McCormack, who died in January aged 69. It was a mark of the woman and her achievements over 69 years of life that such a group assembled at the Elmwood Hall.
In 2006 Inez had founded “Participation and the Practice of Rights”, a group to put human rights at the service of the most disadvantaged members of society. So it was PPR who organised this celebration of the life and work of Inez, reflecting the various stages of her work from the days of her involvement in the civil rights campaign, her trade union activity in particular her concern for the low-paid and in latter years, her dedicated work as a human rights activist.
The theme of the two and a half hour event was “Out of the Ballrooms: peace, participation and equality”. Compered skilfully by the writer Susan McKay, it opened with the launch of the Inez McCormack Fund, set up to support the continuation of her work and to build on her unique legacy.
Vinny McCormack
Her husband Vinny McCormack from Derry said the number and variety of causes Inez gave herself to were remarkable. Irrespective of whether the issue involved an individual, a family or prorecting an institution like the NHS, she gave herself to it body and soul. She reached across all barriers in search of common ground, based upon equality and justice. Vinny’s note in the programme for the event singled out a number of characteristics of Inez:-
“Friendship was her forte; laughter her default; generosity and loyalty were her nature; belief in the best of human nature the ground she stood on“.
President Higgins said he had thought about Inez when he and his wife Sabina had hosted a reception earlier this month at Áras an Uachtaráin to mark International Women’s Day. He told the guests on that occasion that Inez was a passionate and committed human rights activist who fought relentlessly for the creation of a fairer society for workers, for minorities and for women. In her pursuit of a better and more equal world she was never afraid to push against the boundaries of injustice and intolerance, he said.
At the Belfast commemoration he again paid tribute to her dedication and courage. He said: “Her ability to constantly question the status quo demonstrated not only the strength of mind which was such an integral part of Inez’ personality but also the emancipatory thinking that marks out the true progressive; the person prepared to challenge false inevitabilities and question the taken for granted assumptions of the world we inhabit and the future we wish to craft together.” He added: “It takes great courage and moral strength to stand up to the perceived norms within society and to question the bureaucratic controls that can so often stifle progress. It takes enormous determination and persistence to constantly challenge the rigid mindsets that obstruct creative thinking and to refuse to give in to the easier alternative of remaining silent.”
Vinny McCormack, President Higgins & Sabina Higgins
Mary Robinson who said she wore a red jacket in memory of Inez described her as a remarkable and an extraordinary organiser. “Inez was many things to many people, and to me her defining characteristic was her innate sense and belief in the dignity and value of every human being,” she said. “She always challenged what was wrong and worked to secure the rights of people; on many occasions this was without any public recognition as Inez was a very private person.”
The guests were shown a short video by the group “Right to work: right to welfare” which has been holding workshops on the jobs and benefits issues in association with PPR and the Golden Thread Gallery in Belfast, where it will launch a report and an art exhibition based on the experiences of unemployed people at the DHSS office in Great Patrick Street on Monday (25th) at 12 noon.
Barra McGrory QC, DPP, reads a Yeats poem
NEWS POLITICS Elmwood HallGolden Thread GallryInez McCormackMary RobinsonPPRPresident HigginsRight to welfareRight to work Leave a comment
INEZ MCCORMACK: TRADE UNIONIST
Inez McCormack: ICTU Picture
Sad news this evening (Monday) about the death at the Foyle hospice in Derry of the leading trade unionist and human rights activist Inez McCormack, aged 69. As a trade union lay representative in the NUJ I met her on a number of occasions. The most memorable event I connect her with is when through her work behind the scenes President Mary Robinson came to a community function on the Whiterock Road in West Belfast in June 1993 and shook hands with the Sinn Féin President Gerry Adams. The gesture was made away from the glare of the media. It was one of the moments recalled by Mary Robinson in her autobiography published last year. The significance of the event was that at the time Sinn Féin were still out in the cold, subject to censorship, and the IRA ceasefire would not happen until the following year.
Inez McCormack with Patricia McKeown, Alan McBride & Geraldine Finucane
The last time I saw Inez was at a fringe meeting in Derry in April last year during the ICTU (NIC) biennial conference. She was sharing a platform with Geraldine Finucane, Patricia McKeown her understudy and successor at UNISON and ICTU, and Alan McBride of WAVE. I wrote about it in a blog “Pat Finucane case and dealing with the past”. I recalled how as NI Secretary of UNISON Inez had helped to set up the handshake between Gerry Adams and President Robinson at Rupert Stanley College. I remembered that occasion as one when the media were kept firmly outside the door in order to ensure that no pictures of the handshake were taken. Yet it was a defining moment in the lead-up to the IRA ceasefire the following year. Here is one account of the occasion from the Independent.
In 1999 Inez McCormack became the first female President of the Irish Congress of Trade Unions since its formation in 1959. She held the post for two years. She was the first woman full-time official of the National Union of Public Employees (NUPE) from 1976-90. She became the first female regional secretary of UNISON in 1993. Inez was the first woman to be elected to the Northern Ireland Committee of Congress in 1980 and four years later became the first woman to succeed to the post of Chair.
During US President Bill Clinton’s first visit to Ireland, the First Lady Hilary Clinton paid tribute to her work and ever since then they remained friends. Mrs Clinton also mentioned Inez when she was in Belfast last month.
“Inez stands out amongst the extraordinary people I have worked with over the last 17 years. She inspired and motivated me, challenged me often. One of Inez’s comments will always remain with me: there are so many more ties that bind us than divide us”, she said.
A BBC Northern Ireland report recalls how in 2011, Ms McCormack, along with Michelle Obama, Hillary Clinton, Meryl Streep and Mu Sochua (a Nobel Peace Prize nominee from Cambodia), was named by US publication Newsweek as one of ‘150 Women Who Shake the World’. Her lifetime work enabling women to improve their lives by spreading the values of human rights was immortalised when the Holywood legend Meryl Streep played her in a Broadway play. At the time Ms McCormack said: “It is very humbling to have your life story represented in this way and a privilege to have an Oscar-winning actress and strong female character like Meryl Streep involved in the dramatisation. I have had the privilege of spending a lifetime at the service of warm strong women, who challenged injustice not just for themselves but for the people and communities they cared for and whose only affirmation has been that of their own conscience.”
Mary Robinson, former President of Ireland and UN Human Rights commissioner:
“Inez was a remarkable woman with a remarkable capacity for friendship. It was from Inez I learned that you can achieve much more if you don’t need the credit. Her support to me as a close advisor when I served as President was invaluable, but she never appeared in photographs or in the front row.”
Mrs Robinson has also written an obituary, which appeared in The Guardian.
Mark Durkan, former SDLP leader:
“Inez McCormack was impressive and effective in all she did. She stood for workers’ rights, for women’s rights, for equality and public services. As an organiser and as an advocate she championed the right of those serving others for lower pay than they deserved. She was articulate, compassionate and steadfast. She was immensely charming as well as being intense in her convictions. Her contribution to public life went beyond her primary role as a worker’s defender as she helped to benchmark the values, principles and protections that were needed for a fair and stable society. Her positive outlook, compelling analysis and valid stances won international recognition as a standard bearer for social justice and a role model for all who seek economic emancipation.”
ICTU President Eugene McGlone:
“Her track record in women’s and human rights was unequalled. Her work in promoting the cause of labour and social justice in Northern Ireland was known world-wide. Inez’s commitment to social justice began in the ’60s when she became active in the Northern Ireland civil rights movement. She followed this on when she became a trade union and equality activist before becoming the full-time official of the National Union of Public Employees. She also held the post when NUPE was reconstituted in a merger as Unison. Her unstinting passion was recognised and she received many justifiable accolades. Her work included campaigning to organise and revalue the work and contribution of the ‘forgotten’ workers, most of whom were women. Inez also led major campaigns for strong equality laws and to assert the rights of the most disadvantaged. In 1998, she led a successful campaign for such inclusive equality and human rights provisions to be included in the Good Friday Agreement.”
Patricia McKeown, regional secretary of UNISON:
“The sad day thousands of workers and trade union members have been dreading has come and Inez McCormack, has left us – but only in the flesh. Inez will never leave us in spirit. She has touched the lives of thousands of ordinary women and men and she has succeeded in what she set out to do. She has made a difference.”
Inez McCormack recalled in the Belfast Telegraph five years ago how her participation in the famous civil rights march at Burntollet in County Derry, in which she accompanied her boyfriend and later husband Vincent, would be an inspiration to campaign for justice. Truly one of the remarkable mná na hÉireann. Ar dheis Dé go raibh a hanam dílis. Rest in peace.
Funeral arrangements: Inez will be buried at the City Cemetery, Derry tomorrow afternoon (Wednesday 23rd January). Her remains will be removed at 2pm from her brother-in-law’s house at 18 Belmont Crescent, Culmore Road (not far from the Foyle Bridge). The death notice says family flowers only and house private.
Memorial Service: The Londonderry Sentinel reports that a celebration for the life of Inez will be held on Saturday 23rd March at the Elmwood Hall in the University Road area of South Belfast from 2pm to 4pm. The ‘Out of the Ballrooms; Peace, Participation and Equality’ event is being organised by Participation and the Practice of Rights organisation (PPR), which Inez founded in 2006. Seats are available by registration at www.pprproject.org.
NEWS POLITICS DerryElmwood HallEugene McGloneGerry AdamsHilary ClintonICTUInez McCormackMark DurkanPatricia McKeownPPRPresident Mary RobinsonSinn FéinUNISON Leave a comment
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MWN Episode 007 – FDR and the Attack on Pearl Harbor
8 July 2017 by S.T. Patrick 17 Comments
Douglas Horne, author of the two-volume Deception, Intrigue, and the Road to War, joins S.T. Patrick to discuss FDR’s foreknowledge of the Japanese attack on Pearl Harbor on December 7, 1941.
Douglas P. Horne grew up in a military family—his father was in the Marine Corps—and graduated cum laude from The Ohio State University with a B.A. in History in 1974. He spent 20 years working for the U.S. Navy in various capacities: 10 years on active duty as a Surface Warfare Officer and 10 more years as a Navy civil servant. Doug spent over 14 years of his Navy service in Hawaii: he served on three U.S. Navy destroyers homeported in Pearl Harbor from 1976-1981, and was the Operations Manager in a Navy field office in Pearl Harbor, from 1985-1995.
Doug opted for a major career shift when he relocated to Washington, D.C. in 1995 to assume a position on the staff of the President John F. Kennedy Assassination Records Review Board (ARRB); as head of the Military Records Team on the ARRB, Doug oversaw the release of significant historical documents related to U.S. policy on Cuba and Vietnam during the Kennedy years, and he was the principal research assistant for the ARRB General Counsel during the Review Board’s crucial depositions of ten (10) key JFK autopsy witnesses.
Mr. Horne retired from Federal Service in 2016, after working at the U.S. Holocaust Memorial Museum for 2 years, and after completing his civil service career by working with the U.S. State Department’s passport division for the final 14 years of his 40-year Federal career.
Doug is the author of three books:
(1) The five-volume Inside the Assassination Records Review Board, about the U.S. government’s cover-up of the medical evidence in the JFK assassination;
(2) The e-book JFK’s War with the National Security Establishment: Why Kennedy was Assassinated; and
(3) His most recent work, Deception, Intrigue, and the Road to War, about FDR and Pearl Harbor, was published this year.
Douglas Horne can be read at Inside the ARRB on Live Journal.
This is episode 007 of the Midnight Writer News Show with S.T. Patrick.
http://traffic.libsyn.com/midnightwriternewsshow/MWN_Episode_007_-_FDR_and_the_Attack_on_Pearl_Harbor.mp3
Filed Under: Midnight Writer News Show with S.T. Patrick Tagged With: Douglas Horne, FDR, Pearl Harbor
TFS says
Does Mr Horne have an email contact?
I have some queries on his volumes about JFK.
S.T. Patrick says
Mr. Horne does have an email, however he is not discussing JFK-related work at this time and remains a very private person. Thank you.
Colin fischer says
PEARL HARBOUR ATTACK WAS ON MY 4TH BIRTHDAY.FOR YEARS I’VE QUESTIONED HOW THOSE JAPS SAILED FOR DAYS AND WERE NEVER INTERCEPTED.TO START WAR.I BELIEVE IT WAS ALL ALLOWED TO HAPPEN.
guest says
It’s almost a moot point whether FDR knew the time and location of the attack. The real crime (and it was a crime) was provoking an attack. And once again, we get the apology, “He had to do it”. If FDR really “had to do it”, why even investigate the event. I wish these apologists would point out that the American people were isolationists in the 1930s because they were not isolationists in 1917 or that the Council on Foreign Relations sponsored War and Peace Studies Group was writing the script 2 years before Pearl Harbor.
How anyone could say the the Nazis were worse than the Soviets is puzzling to say the least.
The fact that Mr. Horne was employed at the US Holocaust Memorial raises an eyebrow.
I have never had any doubts about the credibility of Mr. Horne’s character and still do not. While he treats FDR more admirably than I would, historically, he still nails down the “FDR had prior knowledge” argument in his two-volume set. It remains THE work on the subject and it deserves all of the praise it receives. I do believe provoking Japan was a criminal and highly unethical act. I agree with you there. And I do believe the Stalin versus Hitler argument is an odd one, but I also believe it leads nowhere. That said, I think this episode is a very strong one, and I thank you for listening. — S.T.
I agree that Doug Horne has done good work on this issue (as well as the Z-film and JFK autopsy).
Douglas Horne says
5 January 2019 at 10:51 am
This is Doug Horne’s reply to the Dec 16, 2018 guest comment:
I don’t believe I have ever directly stated that Hitler was worse than Stalin, or made any direct comparison of one vs. the other. Both dictators were monsters who had a disregard for human rights and human lives. I do believe Hitler was more dangerous than Stalin, since Nazi Germany was intent on a war of revenge, which quickly morphed into a war for empire and domination of the entire European-Asian land mass. Stalin, arguably, had no such intentions; he built up the Red Army in the 1930s because he was paranoid about Capitalist encirclement, and was afraid of attack by Japan, Germany, and even Poland—but I know of no direct evidence he ever planned on launching an aggressive war to take over Europe during the 1930s, or even in 1941. Since Hitler and Nazi Germany were the aggressors who launched the planet into World War II, and since Hitler’s German armies were close to landing a knockout blow on the USSR in the summer of 1941 and thus gaining a pre-eminent geo-strategic position which would have been extremely difficult to challenge, FDR initiated the oil embargo against Japan to ensure that Japan would expand southwards (to obtain the oil it needed) instead of moving north and attacking its traditional enemy, Russia. FDR feared—rightly so—that a Japanese full-scale attack on Siberia might have knocked the USSR out of the war. The oil embargo which began at the end of July 1941 prevented the Japanese from going north, and helped keep the USSR in the war, since Stalin was then able to transfer 1.5 million troops westward for the defense of Moscow in October of 1941. This is my “realpolitik” view of why FDR froze Japanese assets and allowed his bureaucrats to quietly implement an oil embargo on Japan. If Hitler had defeated the USSR and absorbed its territory and resources, Germany would have been in an unassailable position—Hitler would have won World War II, with the United States sidelined to an impotent position as a mere geo-political observer. FDR also knew that Japanese southern expansion would inevitably, at some point, involve a clash with the United States, but in Roosevelt’s view the imperative to prevent a Russian collapse in the war against Hitler was much more urgent than an inevitable clash with imperial, expansionist Japan, down the road.
I have tried to explain what was really going on in the world in 1941 and why FDR did what he did. Each student of the subject will inevitably make his own moral judgments about FDR’s actions, but before doing so, each person should pay appropriate attention to the facts, and to the context in which FDR’s decisions were made. My recent article in the Deep Truth Journal inaugural issue, as a separate matter, explains why FDR allowed the Pearl Harbor attack to take place once he found out about it in late November of 1941. Essentially, the reason was because 80% of the American people did not want to fight Nazi Germany, and FDR felt it was imperative to do so, because he knew the USSR and Great Britain could not defeat Germany without U.S. help on the battlefield. As my article titled “August 1941” reveals in DTJ, FDR had known since August 1941 (due to diplomatic codebreaking) that Hitler would make war, and declare war, on the United States if the U.S. and Japan entered a state of hostilities. So anyone’s moral evaluation of FDR must take into account the reason for him allowing Yamamoto’s attack on Pearl Harbor to take place: did the greater goal [the defeat of Nazi Germany, with the assistance of a united America solidly behind the war effort] justify passively allowing the first Japanese expansionist blow to fall on American forces? None of FDR’s decisions occurred in a vacuum. If the United States had remained a pacifist nation in 1941 and had stayed out of World War II, we would have had to fight a much more powerful Nazi Empire a generation later, or else knuckle under to the new, dominant Nazi regime in a position of abject subservience. Critics of FDR’s actions vis-a-vis Pearl harbor should think about THAT.
For Douglas P Horne:
Douglas, your profound knowledge and astute analyses of the JFK coup d’etat are, in my opinion, compellingly persuasive – I am in awe of you and your work in revealing so much of what really went on in the JFK assassination and cover-up. Most impressive is you reliance on corroboration and an evidence-based approach, and your ability to find out WHY things happened the way the did. On top of all that, your lucidity and eloquence in front of a camera is a talent not many researchers possess. Well done, Sir.
Charlie Greene says
Ditto on that, Mr Steve!
What can I say, except to deliver a grateful “Thank You!” Clarity in use of the spoken and written English language is very important to me; and corroboration of one set of facts with other facts is essential in determining how much weight to give to any evidence.
Thanks for the reply, Douglas. I am an Editor-Publisher living in New Zealand.. and .have been fascinated by the JFK tragedy for decades (though too young to understand its importance when it happened! I was only six.). I am glad you are still researching and writing about the subject. Keep up the good work.
John E. Griffin says
My admiration and respect for Mr. Horne only increases as I spend more time in review of this research, analysis and presentation. Incredible work!
Adam Person says
While this is many months after the last response, I wanted to thank Mr. Horne for his time, knowledge, and willingness to respond to the comments made by previous people. What I wonder however is why he believes we were destined to fight Nazi Germany or Japan given that they succeeded in their war aims of the oil fields of the Caucus and Dutch East Indies. It may sound naive to believe that either country would ever have enough, but both China and Russia would have taken generations to completely.subjugate and none of the concern of Americans to defend. Would it be an American century? Probably not, but being “#1” has hardly benefited the people not in positions of power or directly connected to said people. Labor and power are still enormously unbalanced, even more so than prewar. Credit has caused many to become debt slaves living one pay check away from losing everything. Drugs afflict large swathes of the population and education is laughable.
Nuclear weapons could still have been developed in a timeline where we didnt engage Germany and Japan and suredly MAD would have been employed if the Germans or Japanese developed these technologies as opposed to the USSR in our timeline, but we wouldnt be beholden to being world police or endless middle eastern wars.
Ditto on that, Mr Steve! This was a GREAT episode., S.T. Thank you!
Gary Stephens says
I could listen to Doug Horne all day regarding FDR/War with Japan and the JFK assassination. I’ve read all 5 volumes of Inside the ARRB and Road to War, both volumes several times. Footnoted, documented well researched.
eah says
For anyone listening to this program, on July 28, 2021 Mr Horne has posted a very interesting, relevant document on his blog:
My New Book About FDR and Pearl Harbor Now for Sale: “The McCollum Memorandum”
Using the “Purple” machine invented by American cryptographers, British codebreakers at Bletchley Park decrypted and translated this cable on August 23, 1941 and sent it immediately to Churchill. In that cable was the crucial information that Hitler had promised one of his confidants: namely, that he would make war on America if the U.S. and Japan ever became engaged in hostilities.
Note this message sent by the Japanese ambassador in Berlin supports the thesis that FDR wanted to enter the war primarily to help defeat Hitler, because it strongly suggests that goading the Japanese into attacking Pearl Harbor would cause Germany to declare war on the US — this cable was sent to FDR by the British, so he was aware of German intentions in August, 1941.
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Posted infeatures
Home, not only where the heart is but where society begins
by Antonio Argandoña May 1, 2018 May 1, 2020 / 8 mins /
Given the universal importance of the home, it may come as a surprise that the first major work to take the home as a center of analysis for global social problems has only now been published. The Home: Multidisciplinary Reflections, published last month in the UK by Edward Elgar, is a project of the London based Home Renaissance Foundation. In it, experts from a variety of fields reveal the multidimensional reality of the home and its role in societies worldwide. In the following email interview, the editor, economist Antonio Argandoña, answers MercatorNet’s questions about the nature of the book and its relevance to current social issues.
MercatorNet: How did this book come about, and what is its purpose?
Argandoña: The Home: Multidisciplinary Reflections is the outcome of a project by the Home Renaissance Foundation, a London-based think tank which works for the recognition of the work done by family members and others to create healthy and welcoming homes. The book argues that social problems have various dimensions and need to be studied from various viewpoints because of their complexity. And a needful viewpoint is often, in fact, the home.
You might object that the starting-point should always be the person, but a person never just exists in isolation; each person is also part of a small community, a family, living in a physical space, the home, within a broader community that begins from the neighbourhood or town and widens out to the whole world.
This is our viewpoint when it comes to studying complex problems such as work-family balance. Many solutions have been and are being mooted, but these are often partial or one-sided, because they focus on the woman’s or man’s hours of work, the needs of businesses, or the demands of children; but they forget other aspects like traffic, leisure, the economic costs of solutions, or alternative possibilities for weekends.
MercatorNet: What makes a good home?
Argandoña: There isn’t and cannot be just one definition of a good home, because people are amazing, full of potential both for good and for bad – we can’t be pigeonholed. A home is a joint project working towards a common purpose. That purpose is not one simple objective, and it can’t be pre-determined from outside. It moves in space and changes over time. Each family has to find its own particular purpose, probably based on the givens of its surroundings and background story.
The nucleus of a good home is the commitment of all its members to this shared purpose. And whether it’s a good home or not depends on what their shared purpose is like. If it is a commitment based on love, i.e. aiming for the good of each member of the home, it will give rise to learning processes in knowledge, skills, attitudes and virtues, that will enable a good home to develop. But if the only purpose they share is for each household member to achieve their own objectives, as our individualistic society proclaims, then it will be a bad home.
And it’s not enough just for there to be a purpose, because there are other factors that help or hinder it: the material condition of the home, money, the moral, educational and social mindset of the community at large…
MercatorNet: Many social problems could be traced to “bad homes” or “broken homes” – although the home environment is seldom mentioned in social analysis or welfare policy. Is that a missed opportunity?
Argandoña: It certainly is, and it cuts two ways. First, a broken home destroys people’s normal lives or at least hampers them, and that ends up damaging their surroundings and society. For instance, if a family falls apart the children’s physical and mental development slows down, they start to fall behind at school, and that in turn reduces their chances of getting a job and creating a stable family of their own.
But, looking at it from the other end: antisocial surroundings with poverty and degradation make it much more difficult to build up a healthy home. There is a lot that society needs to do to prevent broken homes, but the first responsibility falls to family members themselves. They should take responsibility for their internal mission, in order to achieve their external mission – their role in society.
MercatorNet: There is acute anxiety today, even in developed countries, about homelessness, by which people usually mean a lack of affordable housing for purchase or rent. What is your perspective on this problem? How could we go about solving it?
Argandoña: Homelessness really is a serious problem. Your house isn’t just the physical place where you go to rest and relax, it’s a cultural and psychological space where you can have privacy and develop your identity. Above all, it’s the nexus of relationships between people and with things, and that creates deep emotional meaningfulness. There is where you are in a position to decide things for yourself, where you have a sense of security; the place that you start out from and that you always go back to.
That’s not just a set of nice-sounding phrases, there’s much more to it than that. Just think how you’d feel yourself, if you had to leave your house for an indeterminate length of time as a result of war or a natural disaster, or if you had to survive for years in a refugee camp, or sleeping under a cash-machine outside a big city bank. The problem goes much further than not having a roof over your head: it means the loss of a sense meaning, loss of identity, loss of human relationships, and that harms children and the elderly most – the most vulnerable ones.
So these problems shouldn’t be seen just as matters for urban policy or social services. They are deep human problems. And solving them takes the whole of society, not just the authorities. The problem for the many people who sleep in the streets in big cities is not just how to get through a cold night but how to rebuild a life that has come loose from everyone else’s life. But maybe that’s an over-generalization – each homeless person is a different case.
MercatorNet: For many people today the home has become a technology hub where they connect with the outside world rather than other members of the family or co-residents. What vital functions of the home are being displaced by technology?
Argandoña: I see technology as something enormously positive, because we’ve already witnessed how it has contributed to the work in the home, care of vulnerable people, and raising people’s quality of life. Any modest home in a developing country now has goods and services that weren’t available a couple of decades ago.
Obviously technology also has its downsides, and you highlighted one of them in your question – family members are probably in more frequent contact with outsiders than with one another. But I think that the cause of all this is not the introduction of mobiles but a series of cultural, social and ethical changes that technology has enabled but not actually caused. Because these days we’re all more individualistic, emotive, pragmatic, and hedonist, enslaved to being “liked” and needing to receive approval on social networks. That’s the source of many of the problems arising in today’s use of technology.
Mercatornet: Increasing numbers of people live alone today – because of age, or not marrying, for example. Does it take a family to make a house a home?
Argandoña: Someone living alone does have a home, even though they’re not a community of people. In such cases certain internal relationships are not there, but others are just the same – those of work, neighbourhood, leisure, rest, culture – as well as service or community relationships. And a one-person home also needs internal organisation, services, help, and the possibility of contributing to social well-being.
When a secondary artery is blocked, the blood circulation finds its way along other channels; well, in just the same way, someone living alone can lead an intense social life that gives meaning to their life and contributes to the betterment of society. What seems key here is the person’s attitude, because if they are alone because of their own selfishness, I think it would be hard for them to lead a flourishing, fulfilled life.
MercatorNet: “It takes a village to raise a child.” How true is this? And how can this happen in today’s big cities?
Argandoña: It’s still a true saying, if we take the idea of a village in the broad sense: a physical and social environment that offers plenty of things that a family, however big, cannot do. I mean a framework of the rules, rights and duties of citizenship, the education system, medical and social services, openness to the media, the hundreds or thousands of people we can connect with whenever we want, culture whether single or multiple, job opportunities…
When people lived their whole lives in a village, the village did indeed play a joint role in bringing up the children. Now that role is taken on by a different environment, but it’s equally necessary. Of course, in a village, you knew exactly what influences a child was going to come under; now it’s much harder. Which is why we need to learn more about the complex environment, that we can call the “village”, where our children grow up, such as large, anonymous, impersonal cities.
MercatorNet: “The home is probably the chief seat of the gift economy,” you say. Would you expand on that statement for us?
Argandoña: People often complain that the society we live in is a market where absolutely everything can be bought and sold. But it isn’t true. We are all giving and receiving gifts all the time. After all, the smile from the waiter who brings us our coffee isn’t written into any contract, and nor are our thanks.
But if there’s anywhere where giving freely has to be the normal thing, it’s the home. In the home no-one keeps an account of debts and credits, no-one calculates how many plates they have to clear off the table after a meal in order to fulfill their duty of helping in the house.
This means that the family is the place where people learn to give. Even a baby, who can’t do anything except cry and drink milk, is learning to give its smile, which is all its mother asks of it. And if the family doesn’t fulfill that role, then family members have a gap in their learning and development.
MercatorNet: Would you also explain how the home is the “microcosm of society”?
Argandoña: Economists like me generally explain how human beings take decisions as being moved by certain motivations, to obtain certain results. But as well as those results we obtain many other things, that we often don’t expect or want: we learn items of knowledge, skills, attitudes, values and virtues – or vices. We do this every day at work or at college, at a sports club, on public transport, in political debate or cultural exchange. And especially, it’s what we do every day at home, often without even realising.
The home is the first place where we learn how to live, how to be human, how to develop as a person. That is why the home is a microcosm of society. And that’s why what happens in the home is so important for society: if we don’t learn values and virtues at home, it will be very hard for us to learn them anywhere else.
MercatorNet: What sorts of people would you most like to read this book?
Argandoña: All of us who have contributed to this book think that society is ultimately governed by ideas, even though in the short term it may seem to be governed by interests. So we thought it would help academics from different disciplines — philosophy, sociology, health sciences, economics, law, geography, architecture… — to reflect on the role of the home in society and acquire a broad, open, multidisciplinary view of the subject.
But the language we use is very accessible, so I’d encourage many people who are concerned with family problems, work in the home, housing, family money matters, or the transmission of concepts on the family and marriage, to make use of the ideas contained in the book.
Antonio Argandoña is Emeritus Professor of Economics and Business Ethics, and CaixaBank Chair of Corporate Social Responsibility, IESE Business School, University of Navarra, Barcelona, Spain. He is the editor of The Home: Multidisciplinary Reflections (Elgar, 2018) and author of an introductory chapter of the same title.
For more information go to Home Renaissance Foundation.
Antonio Argandoña
antonio_argandoa.2282@mercatornet.com
NULL More by Antonio Argandoña
Tagged: books, home, social policy
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User talk:Yahya
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Wikipedia translation of the week: 2021-52[edit]
The winner this Translation of the week is
en:Luís Gama
Please be bold and help translate this article!
Luís Gonzaga Pinto da Gama (Salvador, June 21, 1830 – São Paulo, August 24, 1882) was a Brazilian Rábula (self-taught lawyer), abolitionist, orator, journalist and writer, and the Patron of the Abolition of Slavery in Brazil.
Born to a free black mother and a white father, he was nevertheless made a slave at the age of 10, and remained illiterate until the age of 17. He judicially won his own freedom and began to work as a lawyer on behalf of the captives, and by the age of 29 he was already an established author and considered "the greatest abolitionist in Brazil".
(Please update the interwiki links on Wikidata of your language version of the article after each week's translation is finished so that all languages are linked to each other.)
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en:Christmas tree production
Christmas tree production occurs worldwide on Christmas tree farms, in artificial tree factories and from native strands of pine and fir trees. Christmas trees, pine and fir trees purposely grown for use as a Christmas tree, are grown on plantations in many western nations, including Australia, the United Kingdom and the United States. In Australia, the industry is relatively new, and nations such as the United States, Germany and Canada are among world leaders in annual production.
Great Britain consumes about 8 million trees annually, while in the United States between 35 and 40 million trees are sold during the Christmas season. Artificial Christmas trees are mostly produced in the Pearl River delta area of China. Christmas tree prices were described using a Hotelling-Faustmann model in 2001, the study showed that Christmas tree pr
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en:Lobster War
(fr:Conflit de la langouste entre la France et le Brésil)
The Lobster War (also known as the Lobster Operation; Portuguese: Guerra da Lagosta; French: Conflit de la langouste) was a dispute over spiny lobsters which occurred from 1961 to 1963 between Brazil and France. The Brazilian government refused to allow French fishing vessels to catch spiny lobsters 100 miles (160 km) off the Brazilian northeast coast, arguing that lobsters "crawl along the continental shelf", while the French maintained that "lobsters swim" and that, therefore, they might be caught by any fishing vessel from any country. The dispute was resolved unilaterally by Brazil, which extended its territorial waters to a 200-nautical-mile (370 km; 230 mi) zone, taking in the disputed lobsters' bed.
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AA Baseball/ American Association/ Baseball/ Robert Pannier/ St. Paul Saints
St. Paul Saints Sermon: Off-Season Update
Robert Pannier Alonzo Harris, Angelo Songco, Chad Mozingo, CHS Stadium, Dustin Crenshaw, George Tsamis, Ian Gac, Josh Romanski, Sam Maus, St. Paul Saints, Willie Argo February 1, 2015
With less the four months left until the St. Paul Saints open the season in their new downtown stadium, it’s time to begin a monthly examination of the team and what has been going on with them this off-season. The Minor League Sports Report will provide a monthly recap of the happenings with the team from St. Paul on the first of each month, even during the season. There will still be coverage of the team on a daily basis once spring training begins.
Saints Move to New Stadium
May 21 is going to be a historic day for the Saints as they will play their first game at their new stadium in downtown St. Paul against the Fargo-Moorhead RedHawks. In October, the stadium received its official name: CHS Field. CHS Inc. is the leading farmer-owned cooperative in the United States, and is a Twin-Cities based company. The company was a perfect fit as the primary sponsor for the new stadium. CHS President and CEO Carl Casale was thrilled to have the co-ops name on the new ballpark.
“The opportunity to team up with Saints is a homerun for both of us. This has been our hometown for more than 80 years and the Saints are our hometown team. It’s also an opportunity to connect to our deeply held values of supporting families with opportunities to have fun together while we tell agriculture’s story and help the Twin Cities get to know CHS better.”
Key Transactions
This has been an incredibly busy off-season for the Saints, and not just because of their new ballpark. St. Paul has already made a big splash in the free agent market, and added a great deal of pop to their lineup from key trades as well. Each of the trades was to complete deals that occurred during the 2014 season.
On September 18, the team completed a series of trades by acquiring some much needed pop to their lineup. An acquisition that looked like it would be a key for the team was the procurement of OF Carlo Testa from the American Association champion Wichita Wingnuts. Testa had an absolutely monster season for the Kansas team, hitting .338 with 25 doubles, 9 triples, 10 home runs and 24 stolen bases. Unfortunately for the Saints, his time as a member of St. Paul did not last long as the Arizona Diamondbacks purchased his contract and assigned him to their double-A team.
To bolster the team’s starting rotation the Saints acquired 26-year-old right-hander Dustin Crenshaw from the Gary South Shore RailCats. The big righty was 9-8 in 22 starts with a 3.16 ERA, ranked third in the American Association. Crenshaw could very likely replace last year’s ace, Anthony Claggett, who was dealt to the New Jersey Jackals in January.
Saints manager/general manager George Tsamis loves the addition of his new starter. “Crenshaw was one of the top starters in our league,” said Tsamis. “He was tough and throws a lot of strikes.”
The loss of Testa was a tough one, but there was plenty of outfield help that was still added to the team. Josh Romanski came from Gary as well. The 6-0, 195 pound left-handed hitter was considered a rookie in the American Association last season, and he had a big year for the RailCats, hitting .311 with 7 home runs, 17 doubles and 4 triples. He also scored 56 runs in 96 games and drove in another 60. Romanski had been a pitcher for much of his career, but turned to the outfield following the 2013 season.
Despite playing his first season as an everyday player, Romanski proved he has the skills to be a real force in the St. Paul lineup. “Romanski was solid in his first year as an outfielder after being a pitcher in previous years,” said Tsamis. “We think he will fit right in with us in being a very productive player.”
Center fielder Chad Mozingo is also headed to the Twin-Cities, coming from the Lincoln Saltdogs. Mozingo was a key to the Saltdogs Central Division title run, and will add some real punch at the top of the Saints order. He hit .283 last season, with 6 home runs, 9 doubles, and 3 triples. He also stole 21 bases, and scored 42 runs in 75 games.
His .380 on-base percentage will be a welcome sight at the top of the St. Paul order. “Mozingo was a solid leadoff hitter for Lincoln,” said Tsamis. “He gets on base and can run. We are excited to have him.”
The haul did not end there, as St. Paul brought in outfielder Alonzo Harris from the Jackals. The 25-year-old had a monster year in New Jersey, hitting .290 with 34 steals and 54 runs scored. Harris is a speedster who finished second in the Can-Am League in triples and stolen bases. “Alonzo Harris can fly,” Tsamis added. “He is an exciting player that brings a lot to the table. We are expecting big things from him and he plays a solid CF.”
The completion of all of those earlier trades gives the Saints one of the most formidable outfield combinations in the league, but the lineup got a whole lot better when the Saints signed free agent first baseman Ian Gac on November 24. Gac led the American Association in home runs last season with 27, plus he added 77 RBI in 83 games to go along with a .349 average. He had a very impressive .679 slugging percentage and was the runner-up in the Minor League Sports Report’s selection of MVP for the AA last season.
Less than a month later the team re-signed Angelo Songco, the Saints’ home run leader in 2014 with 16. The left-handed hitter is a perfect complement to Gac, and the Saints will have a very well-rounded offense in 2015, adding Songco and Gac’s power to the speed of Romanski, Harris and Mozingo. Songco drove in 66 runs and scored 58 in 97 games last season.
The New Year brought two last additions to bolster the 2015 Saints squad. Sam Maus, who was a real spark for the team before injuring his wrist in August, was re-signed and will likely return to one of the middle infield positions. Maus hit .323 in 39 games before the injury, scoring 18 runs and posting an outstanding .444 on-base percentage. At one point he reached base in 30 straight games, but his streak came to an end with the injury on August 2.
Tsamis is excited about the return of Maus to the team. “Sam was a pleasant surprise for us. He plays the game the right way and played a solid second base for us. It’s unfortunate that the injury ended his season early because he was on his way to an excellent rookie year.”
Maus is a local boy, who attended Northfield High School and graduated from St. Olaf.
Another Twin-Cities product was signed along with Maus. Outfielder Willie Argo comes from the Double-A Montgomery Biscuits, where he hit .203 with 4 home runs and 42 RBI. Argo also stole 24 bases, and will give St. Paul another stolen base threat. “Willie can play all three spots in the outfield and he provides us with some much needed speed,” said Tsamis. “He has reached the Double-A level and has been a threat on the bases with 61 stolen bases the last two years.”
It will be a crowded outfield in St. Paul, but Tsamis is a master at keeping his players involved, and ensuring the players stay fresh.
AA Baseball /
Minor League Baseball Reorganization Announced
American Association /
TWITA: Fargo-Moorhead RedHawks Right-Hander Ryan Flores
Robert Pannier /
St. Paul Saints /
The Lowertown Lowdown: Sean Aronson Returns
‹ Fort Wayne Mad Ants Take Loss at Home Against Iowa Energy › Fort Wayne Mad Ants Win in Maine
American Association
Can-Am League
Pacific Association
Pecos League
This Week in the Association
TWITA: Sioux City Explorers Pitching Coach Bobby Post
TWITA: Cleburne Railroaders Broadcaster Brad Allred
TWITA: Winnipeg Goldeyes OF Max Murphy
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They made it, part 4: Paulien Huizinga
Historical 10 jan 2017
It’s almost that time again, the Miss Universe pageant. The Netherlands have won this prestigious title once, back in 1989, when Angela Visser did get the crown. The dutch delegates have been a favorite on many Miss Universe pageants, but not that many made the cut.
Many believe, Miss Nederland 2016, Zoey Ivery, will make the cut this year and become one of the top 5. That would mean that she will be the 14th girl to become a semi-finalist. When she would become a finalist, Zoey would just be the 6th girl from the Netherlands to be one.
Who are the girls that made it…?
1991: Paulien Huizinga, 1st runner-up
After the Miss Holland organization lost its license to send a delegate to the Miss Universe pageant, the Miss Universe Netherlands pageant was a live television program on Veronica television for 4 years. in 1991 the show was hosted by Angela Visser, Miss Universe 1989 as it would be in 1992 and 1993. In 1994, she was one of the judges.
In 1991 Paulien Huizinga represented the province of Utrecht. She was not one of the favorites to win. The favorites were Miss Noord Holland and Miss Brabant. But in the end it was Paulien who won the crown and the ticket to Las Vegas.
Like in the Netherlands Paulien was not one of the big favorites like Miss Ireland, Russia, Colombia, Finland and Miss Brazil. Only Miss Russia managed to get into the top 10. Also Miss Netherlands made the top 10 and like in the Netherlands she almost won in the end. She made a big impression on the judges the way she handled the judges questions. She was very fresh and answered in a very funny way.
After the pageant Paulien started a career on dutch television and modeled a lot for dutch fashion designers. She was the host of programs like ” Showtime” and ” Showbizz” and in 2016 she was one of the famous photographers who tried to become the best photographer at the RTL4 program ” Het perfecte Plaatje” (the perfect picture).
Tags: homepageMiss Universepaulien huizinga
← They made it, part 5: Nancy Neede They made it, part 3: Vivian Jansen →
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What Surname Originates From?
Surname Origins can trace its origins back so far as the primary English information. Where is my surname from https://www.mylineage.com/surnames-origins/ of indicating the names of people is known in Anglo-Saxon terminology as Beorhtelesha or Beorhteleseth, the spelling generally being Beorhtwelesha or Bewhterhteelt. The Anglo-Saxons assigned completely different meanings to sure letters in the Latin alphabet, so that one must watch out when matching a reputation to a surname.
Click On this page have household history from Europe, however for some the surname origins are more important. Going On this page can also be vital when researching a person’s name and the opportunity of extra family historical past. For example, John Smith is believed to be the grandfather of Anne Smith, who grew to become the first spouse of King James I. Where can I find my coat of arms https://www.mylineage.com/family-coat-of-arms-explanation/ can be mentioned to be the good-grandfather of Queen Elizabeth I. There are other examples of surname origins that have change into extinct. Some of these names have been revived, whereas others are misplaced in modern history, such as the Earldom of Powys and Earldom of Bath.
Surname origins, however, do still have relevance in right now’s society. Using your middle identify as your first name will make you stand out more with sure varieties of individuals. Middle names give your appearance a more refined image, relying on your age and gender. A number of the more widespread last identify origins are mentioned below.
Full Statement for Surname Origins are quite a few. Probably the most traditional technique of tracing the origins of any given name is to start with the spelling of the first identify and work backwards. For example, in case your given identify begins with A, then your surname origin is Airstead. Another option to search for the origins of a reputation is to begin with the middle title after which work backwards by way of the rest of the household.
* Many households have surnames which are very common, yet hardly seem to look in information. These could be traced back to very common origins. Actually, they might have been derived from very common ancestors. In case you have a family identify resembling Smith or Jones, then there is every probability that it may be traced again to one or more of the nice Scottish or English household names, corresponding to clan, earldom, and duchess.
* The surname origins of some private names appear to alter with time. Take for instance Mary, spelled in another way even previously, and is more commonly known at the moment as Martin. Richard can be a preferred instance of surname origins that appears to have changed throughout the years. These modifications in surname origins happen for a lot of reasons. It might simply be a case of spelling the title in another way, or it might be a typical change as a result of pronunciation of sure words.
The surname origins of personal names also are typically based mostly on who the members of a household have been. The members of a certain family would usually be recognized by completely different names, akin to John, Richard, and so on., and would share the identical last names. Some households also began with totally different first names, resembling Whately and Hubley. As you’ll be able to see, even easy adjustments in surname can provide you with a very new set of pronunciations!
Surname origins are an fascinating topic and one value exploring if you’re excited about tracing your loved ones’s history. There are many reasons to hint your roots, as well as countless examples of where names came from and the way they changed over the years. In case you are researching your private title, you can search on-line using databases to find old names which can be still in use, in addition to new ones which have been just lately launched into the English language. You may be surprised at just what you discover. Surname origins will give you a reputation that is totally unique – and thus certainly one of the good private and historical value.
What It’s Possible You’ll Find Out About Surname Origins
Scottish Surname Origins
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Quebec confirms first case of new COVID-19 Omicron variant
Joe Lofaro CTVNewsMontreal.ca Digital Reporter
@giuseppelo Contact
Published Monday, November 29, 2021 12:29PM EST Last Updated Tuesday, November 30, 2021 12:32PM EST
MONTREAL -- Quebec's health minister announced Monday the province has confirmed its first case of the new COVID-19 variant known as Omicron that has spread to several countries and put health officials around the world on heightened alert.
Minister Christian Dubé made the announcement at a press conference in Montreal alongside Dr. Horacio Arruda, the director of public health.
The update from the province comes as Canadian health officials are monitoring the spread of the new coronavirus variant, which was first detected in southern Africa.
It has since spread to at least 15 countries --including Germany, Australia, and Scotland -- and was first confirmed in Canada on Sunday in two travellers arriving in Ottawa from a trip to Nigeria.
Ontario's chief medical officer of health, Dr. Kieran Moore, announced Monday morning that the two travellers entered the country at Montreal’s Pierre Elliott Trudeau International Airport and were tested there before arriving in Ottawa. Four other suspected cases are being investigated in Ontario -- two in Ottawa and two in Hamilton.
Like in the Ottawa cases, the woman in Quebec who tested positive with the Omicron variant had also travelled to Nigeria, according to Dr. Arruda, who added that he couldn't reveal more details about the positive case due to privacy reasons.
Dubé said Monday that the health ministry was made aware of at least 115 travellers arriving in Quebec from “countries affected by the new variant” and that they have been asked to do a new PCR test as well as self-isolate.
Results from the genomic sequencing, however, are not expected for about two weeks -- a timeline that he said is "too long."
He also complained that the federal government has not yet placed Nigeria on Canada's new travel ban, which restricted travel from foreign nationals who have visited several countries in southern Africa in the last two weeks.
The federal government needs to make "a very quick decision on additional countries" and consider expanding PCR testing at the airports for all travellers, regardless of where they're coming from, according to Dubé. A similar demand was made by Ontario earlier in the day Monday.
What's concerning about the new coronavirus variant is that preliminary research on it showed it has more than 30 mutations of the spike protein, which can change the way a virus spreads and potentially make it harder for the body's immune system to fight it.
Two things public health officials in Quebec are closely monitoring is whether or not the new variant is resistant to protection from vaccines and whether or not Omicron is more virulent than previous strains of the virus. At this point, it's too soon to tell.
WARNING FOR HOLIDAY GATHERINGS
In the meantime, the provincial government is urging people to seriously reconsider planning trips abroad for the holiday season.
“I'm thinking of the ones that are planning trips for the holidays to really think about that because we can see that the variant is starting to spread all over the world,” Dubé said.
The health minister also used the opportunity to remind the public that health measures are still in place and need to be followed and that holiday gatherings are no exception. Indoor gatherings in homes are still limited to 10 people in Quebec.
Dr. Arruda came out in defence of the current restrictions on home gatherings when compared to the large crowds gathered in places like the Bell Centre, which can welcome upwards of 20,000 fully vaccinated fans.
What it comes down to, he said, is how different the type of contact people have in homes.
"We know that the risk of transmission at home is very different because the contacts are different. The close contacts, the timing, is different. And so actually, what is virulent is schools with no vaccination of the five to 11 years, and it's them who will bring, sometimes, the virus at home or at work for their parents," he said.
"There are some hockey games [that] can give you some cases, but not the ones from Bell [Centre] or these kinds of events."
The Omicron variant is yet another reason to get vaccinated, according to Minister Dubé, who urged people aged 70 and older to book their booster shots since the uptake has not yet been at the levels the province was expecting.
"We have to learn to live with this virus. We must not relax our good practices: Respect health measures, get vaccinated, and get tested," Dubé said.
"The next few weeks will be critical."
On Monday, Quebec reported 756 new COVID-19 cases and an increase of 10 hospitalizations in the last 24 hours.
Quebec Health Minister Christian Dube, right, speaks during a news conference as Quebec Public Health Director Horacio Arruda looks on in Montreal, Sunday, September 20, 2020, where they provided an update on the COVID-19 pandemic in the province.THE CANADIAN PRESS/Graham Hughes
First cases of Omicron COVID-19 variant detected in Canada: What we know
Omicron variant could have economic impact on Quebec, says finance minister
Christian Dube will meet with opposition parties to take stock of Omicron variant
Quebec reports 756 new COVID-19 cases, hospitalizations up by 10
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Super Bowl City Business： Severe Hannesota Fiery Rugby Culture Inheritance
Under the report of domestic media, the super bowl is no longer a concept that needs to go to the science from the head. Every year, there is no matter how much is the degree of rugby, everyone will gather together, look at the football, feel the worldThe charm of the top IP.
Previously, the ecological circle specially made a superb bowl of commercial perspectives. Today, I invited the special reporter who hosted the Sports Management in the Super Bowl to learn sports management. Let’s talk to you those things in the competition and the city.
Special reporter / Shang Yu Meng
Editor / Guo Yang
The story about the super bowl, we have no more to say more, as the annual championship of the NFL (National Football League), the two sides of the game are the US Rugby League (https://www.nbatrikots4.com AFC) and the National Football League (NFC).This year’s pair of two sides is a superb bowl in recent years, New England patriots, and defeating Viusi Eagle to advance to the Super Bowl.
The two sides have already arrived at the scene.
Although Minnesota Viking can not be able to get a superbit bowl, let the local citizens are some disappointed, and the fare has not been hot in the local area, but the expectation of the Philadelphie, still let the ball price is high, an average of 5694 US dollar, up 31% over the previous super bowl.
Although the fare is extremely expensive, even if it is to see the preparation and layout of the event, it will definitely make the value of each person coming here.
Of course, the temperature of Minneapolis has been maintained below zero, so the traditional outdoor exhibition of Super https://www.maillotbasket6.comBowl is also impacted, while the situation of sponsorship activation is also greatly frustrated.
However, this also helped the indoor exhibition more hot – passionate fans can go to the superbown’s theme park, enjoy the beautiful experience brought by rugby, and new technologies such as VR and AR have also brought a small use scenario.
Freezing Minnesota!
This theme park is located in the conference center of Minneapolis Downtown, interesting, 27 years ago, NFL first hosting this activity, is also in this 45,000 square meters of conference center.
From the scene atmosphere, the theme park of this professional football is described as the “Disneyland” in the fans.
Here, fans can face their own names or legendary superstars, interact with them, and get a personal signature. The appearance of each team’s autumn clothing and locker room has also been moved to the scene. The fans can also take a group with the champion trophy and the first 51st ring.
“Super Bowl Experience” is more interesting, there is also a rich game -40 yard short run here, on the LED screen and NFL players, virtual reality games, simulated NFL draft Wait, let everyone really feel the true meaning of the super bowl.
As a professional alliance that has been paying attention to the development of adolescents and children’s football, the organizers also set a child and adolescent area in the underground layer.
There will be a rugby class in a mini lawn, and the rugby player will come to interact with the children. Cultivate children’s interest in rugby by throwing safe mini football and a series of obstacles.
Children are very interested in these activities. They queued over and over again, only to throw more, run more. There are also many children aged 2, 3 years old. They have no way to complete the whole process independently, and they participate in the help of Mom and Dad, and a family is gone. This is also a rare parent-child time for parents who are busy for a week.
In addition to this superbown theme park, NFL will also launch a series of surrounding activities, including superbals, Live, etc., for the super bowl weekend crazy.
This time, the popular idol Wu Yifan also served as an NFL promotion ambassador, sang in the cold atmosphere, triggered the sought after the domestic and foreign fans, and the sales force practiced the responsibility of rugby promotion ambassador. From the communication effect of domestic social media, traffic stars have certain significance for promoting football.
Wu Yifan’s live performance
In addition to the children of the children, the other is that the other is a deep impression that it is the inheritance of culture.
At the employee training day, a staff said that when the last super bowl came here, his father took him here, and he played very happy that day, and deeply liked rugby, then One of the most impressed days in his life. So, when he knew that the super bowl returned to Minneapolis, he decided to return to this, once again revisited the feelings of the year, and also created the same experience for other fans.
Such an example is not in a minority, and the one-session of the contest is not only requires NFL staff, and more volunteers are more volunteers, and these staff are basically local residents, from the early high school students to the old man, each race and age Everyone has.
Everyone has provided high quality services through their own efforts, and delivers a perfect business card for their own cities.
A variety of activities and annual wonderful competitions attract tourists from all over the world, and such a full-US level competition, it is undoubtedly greatly stimulating the local economy – this is why many cities are actively applying a super bowl Organized.
Especially for the relatively small cities such as Minneapolis, such events will take the whole city to the game atmosphere, and a previous example is the 2012 Indianapolis’s super bowl, that year The superbit is recognized as the most successful one, but also makes Indiana’s reputation in the United States rose a lot of reputation – of course, there is a lot of help in that year, there is a lot of help.
The superbown has brought considerable customers for the local hotel catering industry, which is naturally a rare opportunity for cold Minnesota. As early as half a year, the hotel around the stadium was booked. In the event of a shortcoming hotel room, it also set off a boom of Airbnb in the middle of the local university student, and many people have earned a little.
In fact, think about it, from the perspective of urban revenue, the main team Viking does not enter the super bowl, but a good thing, because the fans come in the fans for more relevant consumption. It is worth mentioning that in the history of NFL, there is no team to enter the super bowl at home.
In addition, local public transport systems have made certain adjustments for superbals, as much as possible to mitigate the traffic of traffic brought by hot competitions.
The well-known football explanation is Xiao Shen in the superb bowl competition.
The super bowl is close at hand, and the whole city is ready to welcome this grand festival, with the enthusiasm and expectation of rugby and super bowl, let rugby’s charm through the cold temperatures, put the most enthusiastic event to all The world’s foot fans.
Figure / Wen: Shang Yu Meng
EDTOR: Guo Yang, some content is organized https://www.nbatrikots4.com from David Meltzer
Report / feedback
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Guangsha will introduce before the NBA exploration show？ Exposing them actually interested in the former Sichuan foreign aid
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Joe Woolley
Pronouns: he, him, his
Joe Woolley has been CEO of the Nashville LGBT Chamber since August 2018. Since taking the helm, Joe has been relentless in the pursuit of excellence for the Nashville LGBT Chamber leveraging the Chamber members, community partners, staff, and board of directors. A former President of the organization, Joe has pushed for the last 8 years on the work of the Chamber to Advocate, Educate, and Connect.
Under Joe’s leadership, the Chamber membership has grown 48% to over 500+ members and income has tripled. The Chamber garnered national recognition shortly after Joe became CEO, when Nashville became the first city in the South and the 13th across the country to recognize LGBT business enterprise certification for minority contracting after years of advocacy by the Chamber. Additionally, the Chamber receives Metro appropriations to lessen the disparity of LGBT-owned businesses gaining contracts, and ensuring member representation during the NFL Draft and other major events taking place in the city. In advocating against anti-LGBT legislation, the Nashville LGBT Chamber serves as a de facto statewide chamber. Advocacy is a priority and passion for Joe. Under Joe’s leadership, in 2015 the Chamber helped form Tennessee Thrives, a statewide business coalition against discriminatory legislation. Since 2019 the Chamber organized and led the business coalition to vocally speak out against the discriminatory legislation filed, and pushed to keep Tennessee “open and equal.” Joe pushes that this is key to continued business growth as discriminatory laws make it hard for businesses to attract and retain talent in Nashville and Tennessee as a whole.
Joe’s dedication to the organization began long before becoming CEO, serving four years on the board of directors including two years as President, pushing for strong operations and governance policies. That work helped him succeed when he took over as CEO after the former CEO he had worked closely with moved. Joe has a long history of LGBT advocacy, he was one of five founders of the Tennessee Equality Project back in 2004. He was chosen for the 2018-19 class of Leadership Nashville and remains active with Leadership Nashville. Joe is currently in Class VIII of Leadership Tennessee. He also serves on the Nashville Area Chamber Partnership 2030 advisory committee, helping shape the economic direction of the city for the next 10 years. He is most proud of the work he did on the Mayor’s Small Business Advisory Council that was responsible for the Equal Business Opportunity legislation and recognized LGBT certified businesses in city procurement. Joe is also active in Rotary and believes deeply in their motto of “service above self.”
In 2019, 20, and 21 Joe was named as a Power 100, a list of the 100 most influential people in business in Nashville as a “connector” by the Nashville Business Journal. Joe was named in 2020 as a 40 Under 40 by both; Business Equality Magazine as a top national LGBTQ leader making an impact in the United States, and also by the Nashville Business Journal as an under 40 leader in Nashville.
Joe has lived in Nashville since the year 2000, is a graduate of Belmont University class of 2006, loves to travel, and to entertain friends in his home by Belmont that he shares with his husband Jim Schmidt and their dog Spooner.
Lauren Bland
Pronouns: she, her, hers
Lauren Bland is a Nashville transplant, born and raised in Lexington, Kentucky. She attended the University of Louisville, where she was active on the executive board of the student LGBT organization and the local rugby club. Before coming to Nashville, she worked at a Catholic elementary school in Lexington where she taught preschool and worked with the administration on fundraising, development, and event planning. Lauren accepted the Membership Manager position with the Nashville LGBT Chamber in January 2019. In her time with the Chamber, she has worked to grow certified LGBT-owned businesses, maintain memberships, build relationships with the community, and orchestrate monthly and annual events. She is active with her Neighborhood Association and volunteers at a local dog shelter. She resides in Old Hickory with her wife Danielle and their two rescue dogs: Dylan & Maisy, and their rescue cat Nancy.
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Planting for Biodiversity
By Mount Auburn Cemetery
All the planet’s living organisms account for its biodiversity. When we talk about biodiversity at Mount Auburn, we are referring to all the plants and animals that can be found within our urban wildlife refuge. Our plant community includes 5,000 trees (640 different species and cultivars), 6,000 shrub plantings (600 taxa), 4,000 groundcover plantings (770 taxa). The wildlife populations present at Mount Auburn include aquatic amphibians, reptiles, and fish populations; terrestrial amphibians and reptiles; migratory and breeding birds; urban bat populations; and ants, bees, and other insect pollinators.
Planting for biodiversity is not new at Mount Auburn. Oakes I. Ames, president of Mount Auburn Cemetery from 1934 to 1963, understood the significance of Mount Auburn’s landscape and its horticultural collections in providing necessary food and shelter for wildlife. A birder and a horticulturist, he advocated that the Cemetery plant species of fruiting trees and shrubs that would be visually interesting while also providing food for the birds:
… Not forgotten in the planting programs are trees and shrubs that provide food or protection for the wild birds. To the bird lover no area in the general vicinity of Boston holds greater attraction, particularly during the migration of the warblers in May. The plentiful supply of food, water, and natural cover provide an ideal place of refuge. Its attractiveness to both the bird and man is enhanced by the purposeful planting of dogwoods, flowering crabs and cherries, shadblows, mountain ashes, mulberries, hawthorns, birches, hollies, viburnums, honeysuckles, blueberries, barberries, bay berries, red cedars, hemlocks, pines, berry-bearing ground covers, and other favorites. A section in the undeveloped area has been especially planted for the birds and is allowed to grow wild, but the whole cemetery is maintained as a sanctuary…
Oakes Ames, 1950s
In the 1990s a new and more concerted effort to improve the Cemetery’s ecological health began with the restoration of Consecration Dell. This ambitious project, a work-in-progress for now more than twenty years, has returned a 4-acre natural amphitheater from a thicket of invasive Norway Maples to a lush woodland planted with species native to the New England forest, more indicative of how this area would have appeared at the time of Mount Auburn’s founding. From the start, an important project consideration has been to improve the habitat value of this beloved part of Mount Auburn, especially for a species of spotted salamanders that breed in the Dell’s vernal pool. In addition to its work at Consecration Dell, the Cemetery has completed projects to improve the health of its three ponds, added a wildflower meadow to its highest summit, and incorporated shrubs and herbaceous perennials with habitat value in pockets located throughout the historic landscape. These various projects have been informed by the work of researchers who have documented the existing flora and fauna and identified what is missing from an ideal ecosystem.
Mount Auburn completes landscape improvement projects for a variety of reasons: creating new burial space, restoring significant historic landscapes, and adding new ornamental gardens in the areas that attract the most visitors. By taking measures to improve water and soil quality and selecting plants that provide wildlife with food and shelter while also adding visual interest to the landscape, the Cemetery can continue the work it has already completed to increase the overall health of its ecosystem while also fulfilling its other goals.
LEARN MORE about Mount Auburn’s efforts to improve biodiversity:
> Willow Pond Rain Garden
> Willow Pond Butterfly Garden
Learn more about Mount Auburn’s institution-wide commitment to ENVIRONMENTAL STEWARDSHIP.
Tagged: biodiversity
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Barış Arduç
Place of Birth: Scherzingen, Switzerland
Biography:Baris Arduç is a Turkish television and film actor. Arduç was born in Switzerland on 9 October 1987, including his father, Erol Arduç, and his mother, Gülay Arduç. His paternal family of Albanian immigrants. His maternal is from Artvin. He has two brothers. At the age of 8, Baris Arduç moved to Turkey with his family. He graduated from high school in 2005 and subsequently won an education grant to enrolled at Kayseri Erciyes University Sports Academy. The future celebrity's family had enough money to provide the boy a good education. In his turn, the boy finished the school with excellent marks and began thinking about choosing a profession in which he could achieve great success. Arduç was fond of sport and decided to devote him to this sphere. He entered the Academy of Sports after the school. Unfortunately, the future actor didn't graduate the academy for he had been dismissed after the first year of studying.Entering a conservatory was the next step in his education. The young man was interested in arts, and he could obtain acting abilities lessons at the conservatory. He studied English language hard and now he speaks it fluently. He went on sports. He plays football, swims and dives, if to be more exact. The young man tried his abilities on a shooting stage after graduating conservatory. The role in TV-series was his first work.Arduç attended acting training courses in 2007-2009 in Istanbul, Turkey, and completed his theatrical education at Sadri Family Theatre. In 2009, he became a professional actor after meeting with Ayla Algan. Ardu began acting in television shows in 2011, appearing in Do Not Worry about Me (Turkish: Benim Için Üzülme) in 2012, being the most successful. In 2014, he gained his first film role 2014, with a minor part in Sadece Sen. On June 19, 2015, Arduç was given a starring role in the Turkish TV series Love for Rent where he played alongside Elçin Sangu on the Turkish channel Star TV. As "The best Series Pair", acting as the characters of Ömer Iplikçi and Defne Topal, they won the a Golden Butterfly TV Award (2015). Baris Arduç later won his second Golden Butterfly TV Award, for his second season acting.
Barış Arduç Movies
Time of Happiness
Deliha
Sadece Sen
Çürük
Barış Arduç TV Shows
Kiralık Aşk
Racon Ailem İçin
Alparslan
The Great Seljuks
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How child abusers and other criminals are exploiting COVID-19 realities
First published on May 5, 2020 / 7:28 AM An officer with the London Metropolitan Police’s Online Child Abuse and Exploitation Unit (OCSAE) searches a suspect’s property in an undated image provided by the police force.
London Metropolitan Police OCSAE
“An average of ten new live investigations have been launched every week as a result of the 45 arrests over the same period,” the police said, adding that if the three weeks before the official national lockdown was declared on 23 March are also taken into account, the number of arrests rises to 72, with 132 children protected. Owens stressed to CBS News the international nature of this kind of online crime against children, and the need for an equally international response to it.”One of the very scary things about this crime is that it knows no borders,” she told Lee, noting that a sexual predator can sit in the safety of their home and target a child “anywhere in the world.”
Through its investigations into predators in the U.K., she said the NCA had “uncovered four cases where the offenders have been based in the United States, and we fast-time share that intelligence with our colleagues and they immediately take action, and we would do the same.”Owens said criminals who work in the physical world had also stepped up efforts to keep their operations running while lockdown orders keep virtually everyone off the streets, making it harder to sell drugs, guns and other contraband the way they always have.She said, for instance that drug dealers have tried to “adapt their on-street activity,” including by simply putting on fluorescent jackets to “make themselves look like key workers or trying to look like they are complying with social distancing, but attending supermarket carparks and carrying out their dealing there.”Owens confirmed that a large seizure of cocaine was made after the narcotics entered the U.K. inside a shipment of personal protective equipment for health workers.”There’s no doubt that criminals have tried to adapt their method of operating in the current crisis,” she said.Tucker Reals contributed to this report. Lynne Owens, whose agency is akin to the FBI in the United States, tells CBS News’ Ian Lee that British authorities are working closely with their American counterparts on cybercrime in particular. Coronavirus: The Race To Respond
French doctors find coronavirus case from December
Airbnb firing 1,900 workers, 25% of its workforce
Feds bring first fraud charges stemming from coronavirus loans
Christie: Reopen economy since there will be “deaths no matter what”
Pandemic underscores Africa’s digital divide as schools move online
More in Coronavirus: The Race To Respond
On Tuesday, London’s Metropolitan Police force said its Online Child Abuse and Exploitation Unit had protected almost 100 children and arrested 45 suspected offenders over the past four weeks of virus lockdown alone. UK detains 45 suspects in just 4 weeks as child abusers exploit COVID-19 realities
By Ian Lee
May 5, 2020 / 7:28 AM
How criminals are adapting to COVID-19 realities
London — The director-general of the U.K.’s National Crime Agency (NCA) says the criminals who prey on children online, and gangs behind serious and organized crime, are finding opportunities and adapting to the circumstances presented by the coronavirus pandemic. Children, stuck at home under COVID-19 lockdowns in the U.K. and many parts of the U.S., are particularly vulnerable as they spend additional time on the internet.”We don’t want to scare parents, but there is no doubt that with more children online, we need to work harder to protect those children,” Owens told CBS News.
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‘Exceptional’ civil rights icon John Lewis remembered at Atlanta funeral
John Lewis was celebrated as an American hero during his funeral Thursday as former President Barack Obama and others called on people to follow Lewis’ example and fight injustice.
Three former U.S. presidents joined in the eulogies after nearly a week of mourning that took Lewis from his birthplace in Alabama to the nation’s capital of Washington to his final resting place in his home of Atlanta.
“I’ve come here today because I, like so many Americans, owe a great debt to John Lewis and his forceful vision of freedom,” former president Barack Obama said.
Lewis died July 17 at age 80.
The arc of Lewis’s legacy of activism will once again be tied to Ebenezer’s former pastor Martin Luther King Jr., whose sermons Lewis discovered while scanning the radio dial as a 15-year-old boy growing up in then-segregated Alabama.
King continued to inspire Lewis’s civil rights work for the next 65 years as he fought segregation during sometimes bloody marches, Greyhound bus “Freedom Rides” across the South and later during his long tenure in the United States Congress.
WATCH | Scenes from the Lewis funeral:
Jennifer Holliday touches mourners with ‘Only What You Do for Christ Will Last’ as former U.S. congressman and civil rights icon John Lewis is laid to rest. 0:50
“The life of John Lewis was in so many ways, exceptional,” said Obama. “He vindicated the faith in our founding and redeemed that faith.”
“America was built by John Lewises,” he said.
Obama then drew a thread from Lewis’s activism over the right of Blacks to vote to what he characterized as current efforts to suppress the vote.
“There are those in power that are doing their darnedest to discourage people from voting, closing polling places, attacking our voting rights with surgical precision, even undermining the postal service in an election that’s going to depend on mail-in ballots,” the 44th president said to thunderous applause.
Former President Barack Obama delivers a eulogy for John Lewis during the services at Ebenezer Baptist Church in Atlanta. (Alyssa Pointer/Atlanta Journal-Constitution via AP)
Former presidents George W. Bush and Bill Clinton spoke before Obama.
“He always believed in preaching the gospel in word and in deed, insisting that hate and fear had to be answered with love and hope,” said Bush.
House Speaker Nancy Pelosi, senators Kamala Harris and Cory Booker, and Atlanta Mayor Keisha Lance Bottoms were among those in attendance.
Pelosi, her voice breaking at times, recalled a poignant moment when Lewis’s body was lying in state at the U.S. Capitol earlier this week.
“There was this double rainbow over the casket,” she said. “He was telling us, ‘I’m home in heaven, I’m home in heaven.’ We always knew he worked on the side of angels, and now he is with them.”
One of King’s daughters, the Rev. Bernice King, led the congregation in prayer: “We will continue to get into good trouble as long as you grant us the breath to do so,” she said.
Outside Ebenezer, hundreds gathered to watch the service on a large screen outside the church. Some sang the gospel song We Shall Overcome.
Mourners stand outside Ebenezer Baptist Church during the funeral for Rep. John Lewis on Thursday in Atlanta. (Brynn Anderson/The Associated PRess)
“Here lies a true American patriot who risked his life for the hope and promise of democracy,” Ebenezer’s senior pastor, the Rev. Raphael Warnock, told the congregation as the funeral began.
When Lewis was 15, he heard King’s sermons on WRMA, a radio station in Montgomery, Ala., he recalled in an interview for the Southern Oral History Program.
“Later I saw him on many occasions in Nashville while I was in school between 1958 and ’61,” Lewis said. “In a sense, he was my leader.”
King was “the person who, more than any other, continued to influence my life, who made me who I was,” Lewis wrote in his 1998 autobiography, Walking with the Wind.
By the summer of 1963, Lewis was addressing thousands of people during the March on Washington, speaking shortly before King gave his “I Have a Dream” speech. He spoke then about Black people beaten by police and jailed — themes that resonate vividly in today’s times.
“My friends, let us not forget that we are involved in a serious social revolution,” Lewis told the huge crowd on the Washington Mall.
“To those who have said, ‘Be patient and wait,’ we have long said that we cannot be patient,” he said. “We do not want our freedom gradually, but we want to be free now! We are tired. We are tired of being beaten by policemen. We are tired of seeing our people locked up in jail over and over again.”
In 1965, Lewis was beaten by Alabama state troopers in the city of Selma in what became known as Bloody Sunday.
Lewis op-ed published today in New York Times
Last Sunday, his casket was carried across the Edmund Pettus Bridge in Selma. The wagon rolled over a carpet of rose petals on the bridge that spans the Alabama River.
On the south side of the bridge, where Lewis was attacked by the officers, family members placed red roses that the carriage rolled over, marking the spot where Lewis spilled his blood and suffered a head injury.
Martin Luther King III is seen Wednesday at the state capitol in Atlanta, where Lewis lay in repose. (Brynn Anderson/The Associated Press)
Lewis was later awarded the Medal of Freedom by the nation’s first Black president in 2011.
He spent more than three decades in Congress, and his district included most of Atlanta.
Lewis was a member of Ebenezer, and “it was my honour to serve as pastor to John Lewis, a man of faith and a true American patriot who selflessly risked life and limb in the sacred cause of truth-telling and justice-making in the world,” Warnock said in a statement before the funeral.
“He was wounded for America’s transgressions, crushed for our iniquities and by his bruises we are healed,” Warnock went on. “Today we weep. Tomorrow we continue the work of healing that was his life’s work.”
WATCH | The life and legacy of John Lewis:
U.S. Rep. John Lewis was the last survivor of the Big Six civil rights activists who organized the 1963 March on Washington. 7:17
Shortly before he died, Lewis wrote an essay for The New York Times and asked that it be published on the day of his funeral. In the piece published Thursday, Lewis recalled the teachings of King:
“He said we are all complicit when we tolerate injustice,” Lewis wrote. “He said it is not enough to say it will get better by and by. He said each of us has a moral obligation to stand up, speak up and speak out.”
“Though I may not be here with you, I urge you to answer the highest calling of your heart and stand up for what you truly believe,” he wrote.
“In my life I have done all I can to demonstrate that the way of peace, the way of love and nonviolence is the more excellent way. Now it is your turn to let freedom ring.”
“He was here on a mission bigger than personal ambition,” Clinton told the congregants, referencing the Times essay in his remarks: “It is so fitting on the day of his service, he leaves us his marching orders: Keep moving.”
Published at Thu, 30 Jul 2020 13:48:17 +0000
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NYTimes Op-ed Protests Transfer of Sacred Site
No, not the handing over of the Temple Mount precincts totally to the Muslim Waqf.
Not at all, although "Jewish" does sneak in.
Selling Off Apache Holy Land
ABOUT an hour east of Phoenix, near a mining town called Superior, men, women and children of the San Carlos Apache tribe have been camped out at a place called Oak Flat for more than three months, protesting the latest assault on their culture.
Three hundred people, mostly Apache, marched 44 miles from tribal headquarters to begin this occupation on Feb. 9. The campground lies at the core of an ancient Apache holy place, where coming-of-age ceremonies, especially for girls, have been performed for many generations, along with traditional acorn gathering. It belongs to the public, under the multiple-use mandate of the Forest Service, and has had special protections since 1955, when President Dwight D. Eisenhower decreed the area closed to mining — which, like cattle grazing, is otherwise common in national forests — because of its cultural and natural value. President Richard M. Nixon’s Interior Department in 1971 renewed this ban.
Despite these protections, in December 2014, Congress promised to hand the title for Oak Flat over to a private, Australian-British mining concern...Congress has handed over a sacred Native American site to a foreign-owned company for what may be the first time in our nation’s history.
The Apache are occupying Oak Flat to protest this action — to them, a sacrilegious and craven sell-off of a place “where Apaches go to pray,” in the words of the San Carlos Apache tribal chairman, Terry Rambler. The site will doubtless be destroyed for any purpose other than mining; Resolution Copper Mining will hollow out a vast chamber that, when it caves in, will leave a two-mile-wide, 1,000-foot-deep pit...
...“Why is this place sacred?” said Wendsler Nosie Sr., a former chairman of the San Carlos Apache, in a recent interview with Cronkite News. “No difference to Mount Sinai. How the holy spirit came to be.” If you don’t want to take his word for it, the archaeological record at Oak Flat contains abundant evidence that the Apache have been here “since well before recorded history,” according to congressional testimony by the Society for American Archaeology.
If Oak Flat were a Christian holy site, or for that matter Jewish or Muslim, no senator who wished to remain in office would dare to sneak a backdoor deal for its destruction into a spending bill — no matter what mining-company profits or jobs might result. But this is Indian religion. Clearly the Arizona congressional delegation isn’t afraid of a couple of million conquered natives.
If only the NYTimes would allow an op-ed that would express pro-Jewish rights on the Temple Mount.
Ah, but by then, Messiah would have come.
Shiloh and War in the South China Sea
Well, the USS Shiloh:
War Clouds Over South China Sea As U.S. Declares Right To Waters And U.S. Warship Arrives At Subic
The drumbeat of war on distant horizons is reverberating through Southeast Asia with increasingly strong declarations of U.S. determination to stop the Chinese from expanding their writ over the South China Sea, notably islands claimed by the Philippines, Vietnam, Malaysia and Brunei.
While Defense Secretary Ashton Carter was in Singapore vowing that U.S. planes and ships would go wherever they wanted in international waters WAT -0.71%, the U.S. navy missile cruiser Shiloh was hoving into view at the historic Subic Bay port northwest of Manila.
Reports of Carter’s tough remarks at a gathering of defense ministers and the Shiloh’s visit to Subic Bay, the largest U.S. navy base before the Americans were forced to give it all up more than 20 years ago, were couched in euphemisms that scarcely masked the impression of spiraling tensions. “We want a peaceful resolution of all disputes,” Carter began. “A routine port call,” said a Philippine navy spokesman when asked what the Shiloh was doing at Subic Bay, in the once roaring American base town of Olongapo.
How far is the South China Sea from the United States and how far is the 'West Bank' (Judea and Samaria) from Israel?
Labels: Shiloh, USS Shiloh
Correcting A Book Review
Found some errors or rather incomplete information and omissions in a book review:
1. "It was Lehi that began the terror war against the British in 1940".
Well, if one starts in 1940, correct. But if you want to be historically correct, the blowing up of British objects like phone booths and post-offices and the assassination of British police office (engaged in torturing Jewish prisoners), then it started in 1939 after the publication of the British White Paper in May:
After Raziel's arrest, Hanoch Kalai, his deputy, was appointed Commander in Chief. Avraham Stern, who was then in Poland, was summoned back to Palestine and appointed head of the Information Department. The other members of the General Headquarters remained in their positions. At the first meeting of the General Headquarters under Kalai, it was decided to launch a second front against the British administration in retaliation for the publication of the White Paper. In accordance with Irgun procedure, the jailed commander was not consulted, and Raziel did not take part in decision-making.
The first operations directed against the British took place in Jerusalem. On June 2, 1939, Irgun fighters blew up three telephone network junctions. Close to 1,750 telephones were cut off, including some serving the army and the police. On the same day, a mine exploded near the Old City wall, killing five Arabs and injuring many more. After the Jerusalem operations, telephone network junctions were also blown up in Tel Aviv, and the railway line between Tel Aviv and Lydda was attacked.
Four days later the Irgun fighters again launched an attack on British targets. This time they damaged eight telephone network junctions, and dozens of public telephone structures. They also destroyed four of the British Electricity Corporation transformers, plunging the city into darkness. In all, they attacked 23 sites and dozens of fighters took part in the operation.
And Cairns and a colleague, Ronald Barker, were assassinated by an Irgun land mine on 26 August 1939 in Rehavia, Jerusalem, on the orders of then Irgun leader Hanoch Kalai.
2. "a poem written by Stern, which would become Lehi’s anthem".
True. But it was first the Irgun's anthem until Stern split off. The Irgun then adopted the thrid stanza of the Betar anthem.
3. "Stern was killed by the British in 1941".
February 1942. Raziel was killed, in Iraq, in 1941.
4. "after a successful British counter-terror operation, in which most of the Zionist leadership was rounded up, Ben-Gurion called off the Haganah".
Even before that operation, the 'Black Sabbath', Chaim Weizmann had been demanding the Hagana halt it terror campaign. B-G opposed it and he and Moshe Sneh left for Europe to fight for its continuation. There was a July 30th operation in Tel Aviv but that didn't affect the decision to halt the United Resistance Movement actions by the Hagana and Palmach as on August 22, Palyam frogmen attached a limpet mine to the side of the British cargo ship Empire Rival, which had been used to deport Jewish immigrants to Cyprus. A hole was blown in the ship's side.
5. "A total of 141 British soldiers and police and 40 terrorists died between August 1945 and August 1947, he writes, “including those executed or who committed suicide awaiting execution.”
That is quite a narrow time-frame.
The official May 15, 1948 White Paper reads:
Since the war, 338 British subjects had been killed in Palestine, while the military forces there had cost the British taxpayer 100 million pounds.
Labels: Irgun, Lechi
The Unworthiness of Sternhell
Ze'ev Sternhell gets it backwards but still correct when he writes:
After Prime Minister Levi Eshkol’s modest liberalization in 1963, it seemed the days of conquering the land had ended. But the Six-Day War halted the attempts to ratchet down the conquering nationalism and gradually shift to a situation in which tribal particularism could be tamed by the universal principles of democracy.
I have always posited that the 1948 war was but stage one and that the war of 1967 was but a continuation of Zionism's liberation struggle.
This perspective may sound harsh, and Strenhell certainly does his best to besmirch and deprecate Zionism and the intrinsic connection between the Jewish People and the Jewish Homeland, a reality that even fifty-one member countries – the entire League of Nations – unanimously decided and made into international law on July 24, 1922 as declared:
“Whereas recognition has been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.
and its territory was defined in September 1922, after Britain stole TransJordan as laid out in Article 25 of the “Mandate for Palestine” which entitled the Mandatory to change the terms of the Mandate in the territory east of the Jordan River "temporarily":
“In the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provision of this Mandate as he may consider..."
as so:
On the North it is bounded by the French Mandated Territories of Syria and Lebanon, on the East by Syria and Trans-Jordan, on the South-west by the Egyptian province of Sinai, on the South-east by the Gulf of Aqaba and on the West by the Mediterranean.
So Sternhell's "claim of colonialism", if correct, which it isn't, would define all of the state of Israel as an unworthy project.
Worse, he attacks by applying abnormality of Zionism:
all Zionism’s goals had been attained within the existing borders. But even that tiny spark of normalization was obliterated by the great victory of ‘67.
Of course, a little matter of the local Arabs not recognizing, never having recognized and so far, still refusing to recognize any border acceptable to them does not configurate his thinking (and I apply that term hesitantly), not to mention the Arab terror. It's all Israel's/the Jews' fault.
We took, he implies, what wasn't ours. The Arabs-who-refer-to-themselves-as-'Palestinans' were, he would have us assume, an equal people, with equal political rights, with an equal national heritage and possessed an entity akin to a state. And this is a university professor.
So unworthy.
Even hellish.
What Will The Concessionists Say Now?
[after a decade of blogging, I tend to write/comment
concisely, pithily and to the point.
why waste your time and mine?]
One of the central points of those who support the policy that Israel should withdraw from the territories of its historic homeland, yield, surrender and concede and partition land, is that the US will come to our assistance if Israel is threatened.
And you believe that? That if it would want to, it could? In time?
Consider the implications of recent developments from this report:
The White House Treats a Foreign Policy Disaster Like a Political Crisis
Nearly one year after the ISIS hordes charged screaming over the Syrian border and sacked Mosul, they’ve repeated the feat in Ramadi – the capital of the restive Anbar province, and a city located just 70 miles from Baghdad. Simultaneously, ISIS forces launched an offensive to the north and captured the ancient Syrian city of Palmyra. In the face of this humiliation more than nine months after the start of renewed coalition bombing missions over Iraq, the White House dubiously continued to insist that everything was going according to plan. Except, there never was any plan.
“Look, there were several things that surprised us about ISIL,” outgoing Joint Chiefs of Staff Chairman Gen. Martin Dempsey told PBS reporter Martin Smith in a recent exit interview. “The degree to which they were able to form their own coalition, both inside of Syria — and inside of northwestern Iraq; the military capability that they exhibited — the collapse of the Iraq Security Forces. Yeah, in those initial days, there were a few surprises.”
Are you sure America can perform militarily if Israel requires help if we retreat from the hills of Samaria and Judea? In time? Adequately and resolutely?
Posted by YMedad at 8:38 AM 4 comments:
Labels: US-Israel relations
Did Netanyahu Off the NYTimes?
Did I read that correctly?
Israel's PM Benjamin Netanyahu berated the New York Times for its coverage of Israel?
That the paper was engaged in meddling in Israel's affairs with a critical editorial, angrily telling the US daily to “know your place”?
Did he blast an “impolite” editorial in the New York Times last week which he said “literally gave orders to the United States”?
Did he say in a televised speech in Jerusalem, “As a newspaper, you [the New York Times] should know your place”? And "You are meddling in Israel’s affairs by writing something like this. By publishing this editorial, you are overstepping the limits of freedom”?
No. I did not.
Someone else:
President Recep Tayyip Erdogan on Monday accused the New York Times of meddling in Turkey’s affairs with a critical editorial, angrily telling the US daily to “know your place”.
In a growing controversy over media rights in Turkey ahead of 7 June legislative polls, Erdogan blasted an “impolite” editorial in the New York Times last week which he said “literally gave orders to the United States”.
“As a newspaper, you [the New York Times] should know your place,” he said in a televised speech in Istanbul.
“You are meddling in Turkey’s affairs by writing something like this. By publishing this editorial, you are overstepping the limits of freedom,” he said.
Of course, it would have been nice but we're so polite.
When A Soldier Goes On TV
On May 14, I participated as an audience observer in Tim Sebastian's New Arab Debates' series in Jerusalem on the question "MOTION: The occupation is destroying Israel".
It has made some waves if only, unfortunately, due to a soldier sympathetic to "Breaking the Silence" who asked a question about which Gideon Levy wrote a column. The video:
I even managed to ask a question, at 18:50.
And Tim shook my hand after the show, recalling my appearance on his HardTalk program, back in May 2003.
Getting back to the soldier, Shachar Berrin
Levy has him speaking so:
“...Just the other week, when some Border Police soldiers were rough with Christian tourists, another soldier, a colleague, said she couldn’t believe what they were doing: ‘I mean, come on, they are people, not Palestinians.’ I think that resonates throughout the occupied territories. I serve in the Jordan Valley, and we see every day how soldiers… look at these people not as human beings, not as someone who is equal, but someone who is less than them. And to think that we can just leave the racism and the xenophobia – that they will only be racist when they humiliate Palestinians – of course not… I think that once you are conditioned to think something, you bring it back with you and that it deeply affects Israeli society and causes it, as our president says, to be more racist.”
At his Facebook page, Dani Dayan relates to the fuss and that in his first part, the soldier made unsupported claims, painting with a wide swash of accusation, that most of the army is evil and thn withdrew to make a claim about kicking kids away and not all to shoot, if being bothered. But Haartz pushed on, and today has an editorial on it. It's main point:
that same damage from the occupation, against which Berrin warned, pursued him to a conference hall in Jerusalem and then sent him to prison for a week. In the words of the IDF Spokesperson’s Unit, “The soldier was tried for speaking to the media without authorization and approval, as required by army orders.” Or, put more simply, the soldier was tried and jailed for telling the truth, contrary to the army’s orders.
That formulation is, of course, a perversion. The rule of not talking to the press applies to all ranks, in all situations and has nothing to do with the topic and certainly not with any so-called 'occupation'. If we take the Haaretz logic to its conclusion, the Bat Ayin soldier, Eldad Sela, who revealed, it is charged, army plans to dismantle outposts, was also simply expressing the truth and is unjustly being punished? And by the way, he is accused of espionage, a much more severe punishable crime. Or is only anti-occupation actions and words to be granted a special treatment of unlimited liberty?
Obama, Israel and Anti-Semitism
Selections from the troubling Obama interview
"And when I am then required to come to Israel’s defense internationally, when there is anti-Semitism out there, when there is anti-Israeli policy that is based not on the particulars of the Palestinian cause but [is] based simply on hostility, I have to make sure that I am entirely credible in speaking out against those things, and that requires me then to also be honest with friends about how I view these issues...
...he was adamant that he would not allow the Jewish right, and the Republican Party, to automatically define criticism of the Netanyahu government’s policies as anti-Israel or anti-Semitic...
I also raised another concern—one that the president didn’t seem to fully share. It’s been my belief that it is difficult to negotiate with parties that are captive to a conspiratorial anti-Semitic worldview not because they hold offensive views, but because they hold ridiculous views. As Walter Russell Mead and others have explained, anti-Semites have difficulty understanding the world as it actually works, and don’t comprehend cause-and-effect in politics and economics. Though I would like to see a solid nuclear deal (it is preferable to the alternatives) I don’t believe that the regime with which Obama is negotiating can be counted on to be entirely rational."
...I interjected by suggesting that anti-Semitic European leaders made irrational decisions, to which Obama responded, “They may make irrational decisions with respect to discrimination, with respect to trying to use anti-Semitic rhetoric as an organizing tool. At the margins, where the costs are low, they may pursue policies based on hatred as opposed to self-interest. But the costs here are not low, and what we’ve been very clear [about] to the Iranian regime over the past six years is that we will continue to ratchet up the costs, not simply for their anti-Semitism, but also for whatever expansionist ambitions they may have. That’s what the sanctions represent. That’s what the military option I’ve made clear I preserve represents. And so I think it is not at all contradictory to say that there are deep strains of anti-Semitism in the core regime, but that they also are interested in maintaining power, having some semblance of legitimacy inside their own country, which requires that they get themselves out of what is a deep economic rut that we’ve put them in, and on that basis they are then willing and prepared potentially to strike an agreement on their nuclear program.”
On Israel, Obama endorsed, in moving terms, the underlying rationale for the existence of a Jewish state, making a direct connection between the battle for African American equality and the fight for Jewish national equality. “There’s a direct line between supporting the right of the Jewish people to have a homeland and to feel safe and free of discrimination and persecution, and the right of African Americans to vote and have equal protection under the law,” he said. “These things are indivisible in my mind.”
In discussing the resurgence of anti-Semitism in Europe, he was quite clear in his condemnation of what has become a common trope—that anti-Zionism, the belief that the Jews should not have a state of their own in at least part of their ancestral homeland, is unrelated to anti-Jewish hostility. He gave me his own parameters for judging whether a person is simply critical of certain Israeli policies or harboring more prejudicial feelings.
“Do you think that Israel has a right to exist as a homeland for the Jewish people, and are you aware of the particular circumstances of Jewish history that might prompt that need and desire?” he said, in defining the questions that he believes should be asked. “And if your answer is no, if your notion is somehow that that history doesn’t matter, then that’s a problem, in my mind. If, on the other hand, you acknowledge the justness of the Jewish homeland, you acknowledge the active presence of anti-Semitism—that it’s not just something in the past, but it is current—if you acknowledge that there are people and nations that, if convenient, would do the Jewish people harm because of a warped ideology. If you acknowledge those things, then you should be able to align yourself with Israel where its security is at stake, you should be able to align yourself with Israel when it comes to making sure that it is not held to a double standard in international fora, you should align yourself with Israel when it comes to making sure that it is not isolated.”...
Read it all.
Or read this.
“Applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation” is within President Obama’s own State Department definition of anti-Semitism.
From Dr. Aaron Lerner - IMRA: 5 important observations:
#1. "Prime Minister Netanyahu said a Palestinian state would not happen under his watch". This is the SAME thing Mr. Obama HIMSELF said last week (Al Arabiya 15 May 2015): "And what I think at this point, realistically, we can do is to try to rebuild trust -- not through a big overarching deal, which I don't think isprobably possible in the next year, given the makeup of the Netanyahu government, given the challenges I think that exist for President Abbas."
#2. The gaping flaws indicated by Iran in the developing Iran nuclear deal require a 5 second attention span to raise - Goldberg declines to mention any of them:
a. Inspection regime to exclude any serious inspection of Iranian military sites that may conceal nuclear program.b. Inspection regime inside nuclear facilities to exclude live monitoring (prohibit video feeds that might provide images of Iranian nuclear scientists)c. Ongoing development and construction of advanced centrifuges to slash break-out time permitted.d. Ongoing development, construction and even deployment of delivery systems for nuclear weapons permitted.
#3. The "rationality" argument vis-à-vis Iranian policy is fundamentally flawed by the refusal to address Iranian Twelver messianism:
Consider Bernard Lewis The Wall Street Journal Aug. 8, 2006: “In this context, mutual assured destruction, the deterrent that worked so well during the Cold War, would have no meaning. At the end of time, there will be general destruction anyway. What will matter will be the final destination of the dead -- hell for the infidels, and heaven for the believers. For people with this mindset, MAD is not a constraint; it is an inducement.”
#4. A profoundly bizarre claim: "They [Iran] are not a threat to the region because of their hardware. "
#5. A disturbing remark hinting at a policy of relying on Iran in the neighborhood: "How do we find effective partners to govern in those parts of Iraq that right now are ungovernable and effectively defeat ISIL, not just in Iraq but in Syria?"
Jerusalem As A Nincompoop's Non-Capital
A professor emeritus of geography, Gideon Biger, wrote this:
Once again Jerusalem Day arrived, and once again the prime minister repeated the clichéd mantra: “Jerusalem was and is the capital city of the Jewish people only.”
Is that really so – or is Benjamin Netanyahu, known for historic declarations that do not always accord with the historical truth, once again mistaken and misleading the masses?
Jerusalem, according to scientific research, has existed for about 4,000 years. During the first 1,000 years it had no connection to the Jewish people. Even in the Bible, the Book of Genesis tells about Melchizedek, the king of Salem, who came out to bless Abraham, who had no connection to Jerusalem. During the time of the patriarchs, Jerusalem did not figure in their activity at all. Even when the Israelites were in Egypt, Jerusalem was never mentioned, and when they wandered in the desert they spoke about the Land of Canaan – but not about Jerusalem.
The conquest of "the land" by Joshua, son of Nun, did not include taking over Jerusalem. It was actually the king of Jerusalem who organized the coalition of five monarchs against Joshua, and at the time the city was apparently the capital of another nation, not the Israelites.
The conquest of Jerusalem by the tribe of Judah, following the death of Joshua, led to the burning of the city rather than to settlement of the tribe there. Later on it was inhabited by the Jebusites, and only 1,000 years after its establishment did King David capture the city and turn it into his capital...
There's more here.
Some comments from friends of mine:
What a staggeringly dumb article.
Come On. Everyone knows the Capital of the Jews is Boca Raton
"During the time of the patriarchs, Jerusalem did not figure in their activity at all." Are there alternative theories about where Mt Moriah was? Some traditions have an alternative site near Mecca. So yeah - checkmate.
Which is where Abraham offered his son Yishmael as a sacrifice to God.
so David conquered Jerusalem only 3000 years ago. Jews were here through all that time except for periods when various conquerors specifically prevented Jews from being here, as after the crushing of the Bar Kokhba revolt, in the period after Constantine up to the Arab conquest [see, the Arabs did something good, they let Jews come back to Jerusalem] and during the Crusader period. Again, since 1000 BCE, Jews/Israelites were always here except when specifically excluded.
As to the Temple Mount, it is identified in the Bible as Mt Zion. Today's Mt Zion outside the Zion Gate takes its name from a Byzantine church there called the Nea Sion [its ruins are next to the parking lot in the Jewish Quarter]. This is not the original Mt Zion. As to Mt Moriah I don't think anybody knows where it is/was. The practice of naming Mt Zion/Temple Mt/ as Mt Moriah started with the Talmud, not the Bible.
Ridiculous. By this standard, nobody on earth has a valid capital city.
Did Biger get paid to write this?
Embarrassingly stupid. Perhaps he can explain why it appears 669 times in the Tanakh (not counting other equivalent references such as Zion).
How long has Paris been capital of the French? 2000 years ago, Paris was called Lutetia and was small settlement on a mud spit in the middle of the Seine river. It may have become the capital about 1000 years ago, roughly speaking. But 2000 years ago nobody called the country France, it was just Gaul. Cairo did not exist 2000 years ago. Damascus did exist 2000 years ago, but the people there did not speak Arabic and were not Arabs (there were probably some Arabs around). There was no Tunis and no Algiers.
But Weren't the "Pals." Here First?
The ancient acqueduct was built under the villages?
Word for word:
“With Joy Shall Ye Draw Water…”
A Section of Ancient Jerusalem’s Lower Aqueduct was Exposed in the Eastern Jerusalem Neighborhood of Umm Tuba
A section of Jerusalem’s Lower Aqueduct, which conveyed water to the city more than 2,000 years ago, was exposed in the Umm Tuba quarter (near Har Homa) during the construction of a sewer line in the neighborhood by the Gihon Company. This line is just part of an extensive project directed by Zohar Yinon, CEO of the Gihon Company Ltd, to install a modern sewer system for the benefit of the residents of Umm Tuba and Sur Bahar.
The Israel Antiquities Authority conducted an archaeological excavation there following the discovery of the aqueduct. According to Ya’akov Billig, the excavation director,“The Lower Aqueduct to Jerusalem, which the Hasmonean kings constructed more than two thousand years ago in order to provide water to Jerusalem, operated intermittently until about one hundred years ago. The aqueduct begins at the ‘En ‘Eitam spring, near Solomon’s Pools south of Bethlehem, and is approximately 21 kilometers long. Despite its length, it flows along a very gentle downward slope whereby the water level falls just one meter per kilometer of distance. At first, the water was conveyed inside an open channel and about 500 years ago, during the Ottoman period, a terra cotta pipe was installed inside the channel in order to better protect the water”.
The aqueduct’s route was built in open areas in the past, but with the expansion of Jerusalem in the modern era, it now runs through a number of neighborhoods: Umm Tuba, Sur Bahar, East Talpiot and Abu Tor. Since this is one of Jerusalem’s principal sources of water, the city’s rulers took care to preserve it for some two thousand years, until it was replaced about a century ago by a modern electrically operated system. Due to its historical and archaeological importance, the Israel Antiquities Authority is taking steps to prevent any damage to the aqueduct, and is working to expose sections of its remains, study them and make them accessible to the general public.
The Umm Tuba section of the aqueduct was documented, studied, and covered up again for the sake of future generations.
GraphicZionism: Jewish Footsteps
(with thanks)
Two Halves of the Rambam Together
I was privileged to attend tonight the opening of a special display of a Mishneh Torah, the classic Halachic codex of the Rambam, commissioned and completed ca. 1457 in northern Italy and illustrated in the Renaissance style of the time.
It was at the Israel Museum in the presence of the Rishon Letzion Yitzchak Yosef, the Apostolic Nuncio in Israel Archbishop Guiseppe Lazzarotto, Msgr. Cesare Pasini, the Vatican's Prefect of its Biblioteca Apostolica with a nice talk by Prof. Moshee Halbertal who spoke of the Rambam's approach that to be religious, one must learn to love, which is beyond fearful respect and can only be achieved through knowing God which, in turn, can only be gained by learning of his works in nature.
The two halves of the volume were separated some two centuries ago and ended up in the Vatican and in Germany and that second Jewish-held half was only recently located and purchased by the Israel Museum jointly with New York's Metropolitan Museum.
The two halves
The Nuncio
and also with James Synder, Museum Director (red tie)
The attendees
The Chief Rabbi and the Nuncio
James Snyder speaking
P.S. The title of the evening was a play on words - יד ביד - which is 'Hand in Hand' - but refers to the fact that the Rambam's work contained 14 sections which, in gammatria is יד, I think was lost to many of those who attended.
Labels: Judaism, Maimonides, Vatican
To Who Was President Rivlin Referring?
He couldn't be referring to President Rivlin here, could he?
I have nothing but regret for the discordant voices that we heard this morning, supporting the separation between Jews and Arabs on the basis of ideas that have no place being heard or said. Such statements go against the very foundations of the State of Israel, and impact upon our very ability to establish here a Jewish and democratic state. Such statements cause great damage to the State of Israel, and to the settlement movement. It is important we remember that our sovereignty obligates us to prove our ability to live side by side."
That was President Rivlin.
(Communicated by the President's Spokesperson)
Wednesday 20 May 2015 / 2 Sivan 5775
President Rivlin's Statements on This Morning's Events
"This morning, (Wednesday May 20th), as we witnessed the terror attack in Jerusalem we received a painful reminder of the complex security situation Israel's faces and the price we pay for our basic principles. We must confront terrorism firmly, whilst defending our democratic values as a country and as a people. I spoke this morning with the Minister of Defense, and I welcomed halting the process that could have led to an unthinkable separation between bus lines for Jews and Arabs.
"As one who loves the Land of Israel, I have nothing but regret for the discordant voices that we heard this morning, supporting the separation between Jews and Arabs on the basis of ideas that have no place being heard or said. Such statements go against the very foundations of the State of Israel, and impact upon our very ability to establish here a Jewish and democratic state. Such statements cause great damage to the State of Israel, and to the settlement movement. It is important we remember that our sovereignty obligates us to prove our ability to live side by side."
Further details: Jason Pearlman, Foreign Media Advisor
What A Difference in Run-overs
Was this in anyway connected to today's terror incident when an Arab resident of Jerusalem ran over two Border Policewomen?
Police officers on Tuesday afternoon shot and wounded a man who accelerated a vehicle in their direction, a spokesman said. The shooting happened in the parking lot. They were conducting an investigation when "a suspect accelerated his vehicle in the direction of two of the officers," according to a spokesman. Both officers opened fire, wounding the suspect. The man, who suffered non-life-threatening injuries, was taken to a hospital.
The genuine story:
Federal agents on Tuesday afternoon shot and wounded a man who accelerated a vehicle in their direction outside a West Palm Beach furniture store, a spokesman said.
The shooting happened in the parking lot of El Dorado Furniture at 1901 Okeechobee Blvd.
Special agents with U.S. Immigration and Customs Enforcement's Homeland Security Investigations were conducting an investigation when "a suspect accelerated his vehicle in the direction of two of the agents," according to Nestor Yglesias, an agency spokesman.
Both agents opened fire, wounding the suspect. The man, who suffered non-life-threatening injuries, was taken to a hospital.
Operation Brainwash
Just received this:
Join Extend’s Summer Tour of the West Bank! (June 8-12th!)
Have you ever wanted to explore life in the West Bank first-hand? We are offering a chance to meet
Palestinian and Israeli civil society leaders, businessmen, educators, political leaders and activists,
learn their stories, and discover first-hand the touchstones of West Bank life.
Join Extend on its upcoming tour of the West Bank, this June 8-12.
Extend, a non-profit organization offering highly-subsidized tours of the West Bank for young
Jewish Americans, warmly welcomes you on our next tour of the West Bank, this June 8-12th. Join
us as we visit Palestinian families, as well as historic, cultural and religious sites on a journey that
will deepen your understanding of life in the West Bank and in particular, will offer insights into
Palestinian perspectives on the conflict.
Open-minded, enthusiastic American Jewish college students of all political perspectives, eager to
get into deep conversations with people of myriad perspectives, are encouraged to apply.
The cost of the 5-day program is $300.
And here is a Sample Itinerary
Day 1: Jerusalem
Morning: Visit to All For Peace Radio Station, award-winning joint Israeli-Palestinian radio initiative.
Early afternoon: Visit to the Austrian Hospice for a chat with a filmmaker and Ph.D student in George Mason's conflict resolution program, on how to reconcile dueling Israeli-Palestinian narratives on the conflict.
Late afternoon: Walking tour of East Jerusalem with a Palestinian resident of the city. The walk explores the complex politics of the city, divided Arab-Jewish neighborhoods, and home demolitions.
Day 2: Hebron and Bethlehem
Morning: Tour of Hebron with Breaking the Silence, an organization that offers tours of the West Bank led by former IDF soldiers with a critical perspective on Israeli policy in the West Bank.
Late afternoon: Meeting with the English-language spokesperson for the Hebron settler movement and a tour of the Hebron settlement.
Evening: Dinner in Bethlehem with a former Palestinian combatant and member of Hands of Peace.
Day 3: Gush Etzion
Morning: Trail walk through the hills outside of Bethlehem with a settler disciple of Rabbi Froman, a rabbi committed to achieving peace between settlers and Palestinians. During the trail walk participants discuss the Jewish and Palestinian connection to the land.
Early afternoon: Tour of villages within the Gush Etzion settlement. Introductions to a wide array of settlers.
Evening: Dinner outside Ramallah with Palestinian peace activists at a Palestinian home.
Day 4: Nabi Saleh and Bi'lin
Morning: Nabi Saleh: Visit a family in this small village that is at the heart of the protest movement, and learn about the village's weekly protest and tensions with nearby settlements.
Afternoon: Bi'lin: Meet a number of local activists in this village and learn about the nonviolent protests that culminated in an Israeli high court decision to reroute the Wall.
Evening: Discussion with former PA officials on negotiating policy, divides within Palestinian society, and more.
Day 5: Ramallah, South Hebron hills, Jerusalem
Morning: Conference with international lawyers from Military Court Watch on the West Bank legal system. Visits to Palestinian families who have gone through the legal system.
Afternoon: Meeting with prominent Palestinian businessmen on their ideal economic relationship to Israel.
Evening: The tour concludes once everyone has been deposited in Jerusalem!
Everything seems quite clear except whether the "former PA officials" also were terrorists, or are.
(thanks to JN)
__________________________---
Zionist youth movement involvement.
The First Settlement Swap?
Following the Man of YamhadSettlement and Territory at Old Babylonian Alalah
Jacob Lauinger, The Johns Hopkins University
€162,00 $210.00
Legal texts recording the purchase or exchange of entire settlements are among the most important cuneiform tablets discovered at Old Babylonian/Middle Bronze Age (Level VII) Alalah. Following the Man of Yamhad is the first book-length study of these legal texts and the socio-economic practice that they document. The author explores the nature of the alienated settlements, the rights enjoyed by their owners, the underlying system of land tenure, and the larger political context in which the transactions occurred. The study is supported by extensive collations and up-to-date editions of relevant legal and administrative texts. Its conclusions will be of interest to anyone working on the history, society, and economy of the Bronze Age Near East.
Darn That Danino
Back in November, we learned that Israel's
Police chief won’t let any more MKs on Temple Mount
He explained that
...behavior [going to the Temple Mount] — even by MKs — can endanger public safety and security
and, therefore, despite MKs' immunity, he will not allow such 'behavior'.
We learned, further that the head of the national police, Yochanan Danino,
singled out MKs whose visits to the site have been accompanied by posts on social media...these lawmakers’ intentions were to “provoke and make remarks about changing the law on the Temple Mount [that allows Jewish visitors but bars them from praying there], which is exploited by [Muslim] extremists as a sign of a changing status quo.”
So, you would presume only Jews wish to alter the status quo.
But here can see MK Ahmed Tibi on the Mount - via social media even -
and he is demanding a Muslim-only approach (hear him here).
Isn't that campaigning for the altering of the status quo?
I can only presume that the pro-Mulsim status quo is even more sacred than the Temple Mount's sanctity for the Jews or the lawful right of Jews to pray there.
And that being so, I can further presume that Danino prefers even more anti-Jewish incitement by Muslim Arabs, supported by a MK, rather than the protection of Jewish rights.
That is a very sorry state of affairs.
I would have suggested Danino go back to bed but I feel that would unfairly implicate him in other police activity.
Posted by YMedad at 9:27 AM 11 comments:
Labels: Ahmed Tibi, status quo, Temple Mount
Is Netanyahu Down In the Dumps?
It started in 1996, then the owner of the store over the basement was abducted under orders of Arafat, who was asked by Egypt's Mubarak to persuade him to give basement to Copts but he refused, was then referred to as a Subterranean volcano in 2009 and by 2010, we were updated about the ownership of a long-forgotten medieval cellar that for centuries has been filled with rubbish.
The cellar, which dates to at least the 12th century, lies in Jerusalem, and is claimed by both a Palestinian Muslim shopkeeper and Egyptian Coptic Christians who have responsibility over part of the Church of the Holy Sepulchre, one of Christianity's holiest site.
The legal battle over the centuries-old vaulted stone cellar has been festering for 14 years...Antonios al-Orshaleme, general secretary of the Coptic Orthodox Patriarchate in Jerusalem, insists the basement is holy ground and was once part of the Church of the Holy Sepulchre, revered by most Christians as the site where Jesus Christ was crucified and buried.
...The church was built in the fourth century. Its destruction seven centuries later provided an impetus for the Crusades. It was rebuilt in 1048 following agreement between the Byzantine Empire and the region's Muslim rulers. "Here is a monastery, below is also a monastery," says Orshaleme.
Not so, says lawyer Reuven Yehoshua, who represents storekeeper Hazam Hirbawi. "For 800 years this cellar was used as a garbage dump," says Yehoshua.
And, basically, PM Binyamin Netanyahu may have to resolve it.
Israel court stumped by holy row over property near Church of the Holy Sepulchre
The owner is dead but his son and his Israeli lawyers keep on.
This week, a report (in Hebrew) indicates the decision was that thee cellar belongs to ... Hirbawi.
And you thought the Temple Mount was the only troublesome holy site?
(thanks to RH)
Posted by YMedad at 3:58 PM 14 comments:
Labels: Copts, holy sites
When July Becomes June
In Muslim countries, July 4th will be a month early this year:
Ramadan will be starting June 18th and ending mid-July.
Posted by YMedad at 11:01 AM 384 comments:
Labels: Islam customs
Vatican To Lose Mount Zion?
The Vatican will be recognizing some entity that calls itself the 'state of Palestine'.
If it ever thought that after years of negotiations it will now obtain more than just a right of access to the Cenacle on Mount Zion, a revered Jewish site, I think that's a no.
Or that should be a no.
In 1537, Jews managed to expell the Franciscans from the site, which was a Jewish synagogue, after they took it over in the early 14th century.
Posted by YMedad at 10:16 AM 20 comments:
Labels: Mt. Zion, Vatican
A Thanksgiving
I attended the thanksgiving celebration of Yehuda Glick, donated by the Terasa Restaurant, last night at the Begin Center:
From Arutz 7's report:
and from Channel 2's report:
Are Biblical Prayers Permissible?
And now, Qurei is condemning the "storming of Al-Aqsa" and the "performance of Talmudic prayers"
If we perform Biblical prayers, is that okay?
But, of course, using the term "Talmudic" is anti-Semitic.
Member of the Executive Committee of the Palestine Liberation Organization Chairman Affairs Department Jerusalem Ahmed Qurei warned of the risks and repercussions of the storming by a radical settler groups to the courtyards of Al-Aqsa Mosque through the Mughrabi Gate, heavily protected and enhanced by special units of the Israeli occupation police, who do many tours and violations.
He stressed the seriousness of the attempt settler extremist perform Talmudic prayers on the cusp of the series door inside the Al-Aqsa Mosque in a provocative step to the feelings of Muslim worshipers, describing it extremism and blunt aggression on Al-Aqsa and the holy sites in Jerusalem, with the aim of desecration, and the imposition of policy the status quo and make a normal intrusion process, all the way to give these extremists an opportunity to establish prayer in Al-Aqsa Mosque.
...He held the Israeli government fully responsible, what is going on in the city of Jerusalem from the daily violations of continuous incursions consecutive Al-Aqsa Mosque and to provide support and protection to the settlers and extremists by the extreme Israeli right-wing government to carry out incursions
And he formulated with Shimon Peres the Oslo Accords as a 'moderate'.
Posted by YMedad at 7:24 AM 1 comment:
Labels: Ahmed Qurei, Temple Mount
Second Temple Recognition
Well, one should be thankful even for little things:
The third holiest site in Islam, the Al-Aqsa Mosque compound is also venerated as Judaism's most holy place as it sits where Jews believe the First and Second Temples once stood.
Following Israel's occupation of East Jerusalem in 1967, Israel has maintained an agreement with the Islamic trust that controls the Al-Aqsa compound not to allow non-Muslim prayer in the area.
Jewish prayer is allowed at the neighboring Western Wall, which is the last remnant of the Second Temple.
However, Israeli forces regularly escort Jewish visitors to Al-Aqsa, leading to anger among Muslim worshipers.
At least they acknowledge that denying the Temple is stupid and silly.
Looking for Kabni or Kotin
From the JTA report:
21 Jews Slain in Tiberias Massacre, Worst Since ’29; Synagogue, Homes Razed
An invasion of ancient Tiberias on the shore of the Galilee, in which at least 21 Jews — including an American citizen and his wife — were massacred by an Arab band wielding bomb, rifle and torch, sent a wave of indignation surging through Jewish Palestine today. The massacre was the worst since the Hebron onslaught in 1929.
While the Government clamped a 22-hour curfew on the town and searches of ruined houses went ahead — an official communique predicting that more victims would probably be found in the debris – troops pursued the arab band and was reported to have contacted it at Lubia village.
...The attack was launched at nine o’clock last night, according to the official account, when an armed band entered Tiberias in two parties, from the north and from the south. They cut telephone lines, then, at a signal of shrill whistles from the hills around the town, began to shoot...Two of the Jewish victims were not immediately found. The others were as follows:
Joshua Ben-Arieh, his wife, Shoshanah, and a son, Arieh, stabbed and burned to death; another son, Moshe, one-and-a-half years old, shot dead.
Rivka Leimer, 10, and her brothers, Chaim, 12, and ezra, 8, stabbed and burned to death. Both families were in the Ben-Arieh house at the time of the attack.
Rachel Mizrachi, 26, and her five children, Ezra, Miriam, Yochebed, Samuel and Hephzibah, aged 12, 5, 3, 2 and I, respectively, killed while the father, Shimon Yochanan Mizrachi, was on guard duty in a distant part of the city.
Menachem Kabni, an American citizen, and his wife stabbed and burned to death. His sister escaped. what part of the United States Kabni came from was not ascertained immediately.
Ezekiel Katz, 42, killed when the synagogue was burned down.
Two Jewish constables, Israel Bookman and Zvi Chatzkelevitz, killed during the shooting, and also Jacob Gross.
Anyone have knowledge of the Kabni family?
...the Arabs broke in and stabbed and burned to death Mr. Kabin [an elderly American Jew who had recently come to Palestine] and his sister...
More: seems from Davar newspaper of Oct. 4, the name is Kotin or Kutin:
and he arrived four years previously and was a synagogue gabbai.
After a further search, seems for sure Kotin and not Kabani. From the Palestine Post, October 4:
Giuditta Riva and International Law
Circumcision Can Prevent Crime
Wines from Binyamin Region
Left - In
Punch Out Counterpunch
At What Time Do You Decide?
I'm A Centrist
R & R - Complimenting Journalists
Throwing Dirt in Our Eyes
Roman Crap
Yes YAS
To The Attention of Peter Beinart
GraphicZionism: Wrong-turn Cliffhanger
The Spoils Go to the Victor
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Women and Music: A Journal of Gender and Culture
Pink Noises: Women on Electronic Music and Sound (review)
Betsey Biggs
University of Nebraska Press
10.1353/wam.2012.0014
In lieu of an abstract, here is a brief excerpt of the content:
Pink Noises: Women on Electronic Music and Sound
Betsey Biggs (bio)
Pink Noises: Women on Electronic Music and Sound. By Tara Rodgers. Durham, NC: Duke University Press, 2010. 322 pp.
The title of Tara Rodgers's Pink Noises: Women on Electronic Music and Sound comes from a term in electronic music referring to a sound containing every possible frequency. But, as she points out in her introduction, it also juxtaposes a marker of femininity with a marker of productive disturbance. Rodgers describes the twenty-four interviews in this book as "pink noises: sonic interventions from multiple sources, which destabilize dominant gendered discourses and work toward equal power distributions in the cultural arenas where sounds reverberate" (19). Though Rodgers answers a few expected questions—Who has access to the tools for creative voice? How are women represented in the media?—the strength of this book lies in the prismatic ways in which its opening essay invites the reader to unpack the interviews that follow.
The essay introducing Pink Noises lays out three main themes of critique: militarism, technology, and the binary of noise/silence as the preeminent historiography of electronic music; gender, technology, and the discourse of production and reproduction; and the ways in which sonic and feminist waves might interact with one another. This introduction is followed by twenty-four interviews organized into six sections: time and memory; space and perspective; nature and synthetics' circulation and movements; language, machines, and embodiment; and solitude and collaboration. The musicians chosen for each section resonate well with one another, particularly if one is familiar with their music. As a collection of interviews with women making electronic music and as an important critical look at the resonances between feminism and electronic music, this volume is both welcome and long overdue.
Rodgers brings a wonderful breadth to her approach to the topic. She has participated in electronic music cultures as a dance music producer, experimental electronic musician, professor of sound art, and feminist scholar. As a composer, I found myself grateful that she was able to engage deeply in questions both musical and technical with DJs, sound artists, and electronic music composers alike. Indeed, were the book simply a compilation of such interviews, it would be an inspiring resource for any composer. However, Pink Noises gains a great deal more meaning because of the way Rodgers's deep understanding of both gender issues and electronic music allows her not only to marry these worlds but to use them to question one another in innovative ways.
Pink Noises grew organically out of a project begun over a decade ago, when Rodgers built her first home studio and found that, within the electronic music community, not only were women few and far between, but their contributions were routinely minimized. (This absence is easily confirmed by looking through canonical histories of electronic music; in the book, Annea Lockwood calls the history of women and electronic music "this great hole, a black hole [End Page 160] of no info.") Inspired by the emerging possibilities of online community as well as the Riot Grrrl movement and feminist cultural commentary, she created the website Pinknoises.com in 2000. The site offered interviews with women making electronic music; a safe space for conversations about technology, music, and gender; and resources for learning more about the nuts and bolts of making electronic music. Initially launched with six interviews as well as several essays and links to production resources, the site was active for several years and is now archived.
Pink Noises the book updates most of these initial interviews and adds dozens more. Crucially, its introductory essay is full of fresh new ideas about the ways in which feminism and electronic music might speak to one another, and these ideas lingered as I read through the interviews. One of the most satisfying aspects of the book is the sense of mentoring and networking that, I believe, grows out of the project's beginnings as an active community of friends, colleagues, and collaborators. Connections among the musicians interviewed here as well as with Rodgers herself pop up again and again throughout the book. Both Laetitia Sonami and Antye Greie describe working with...
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Home Automobile Mercedes-Benz requires employees in the United States to vaccinate by January 4th
Mercedes-Benz requires employees in the United States to vaccinate by January 4th
Mercedes-Benz requires all employees in the United States to be vaccinated by January 4th. Executives sent an email last October asking for proof of Covid-19 vaccination by early next year. The clock is ticking.
The premium automaker decided to implement the decision in anticipation of a separate U.S. government vaccine mandate, which would apply to companies with at least 100 employees. Automotive News writes. Vaccination will thus become a condition for recruitment from 4 January.
According to unofficial data, less than half of the company’s workers in US import processing centers have received the vaccine. Many others refuse to receive the injection which could protect them from infection.
The German automaker has given employees in the United States 90 days’ notice to comply with the requirement. “We expect the vast majority of our employees to provide proof of vaccination before the deadline,” company representatives said in a statement.
According to Reuters, many of the Mercedes-Benz employees required to vaccinate plan a rebellion to show disagreement with the company’s new rules. According to a union official, people are risking their jobs in spite of a federal mandate.
“We will lose a lot of employees because of this.” This is the warning that Cornell Beard, head of the local train drivers’ union district, issued in a statement for Reuters.
Considering there is a 3-4 week gap, respectively, between the Pfizer and Moderna hits, Mercedes-Benz employees must get the former by the first week of December.
The Mercedes-Benz obligation to vaccinate in a country with almost 47 million infections from Covid-19
The United States of America has recorded nearly 47 million infections from the coronavirus outbreak. So far, over 760,000 have died from the disease.
Over 192 million people are fully vaccinated in we. This is 52% of the population.
Previous articleSymbl.ai, a provider of API and conversational intelligence tools, raises $ 17 million
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How can libraries avoid becoming 'homeless hangouts'?
May 8, 2009 9:00 am by Sharita Forrest | News Bureau EditorExpert ViewpointsSocial Sciences
Public libraries and other free facilities often become hangouts for the homeless and other people who have nowhere else to go. Due to numerous complaints from patrons about a homeless person's body odor, the Schaumburg Township District Library in suburban Chicago recently added "offensive body odors" to its list of prohibitions for which staff members can ask patrons to leave. Accordingly, the Chicago public libraries ban people who carry more than two bags or who try to bathe, shave or wash their clothes on the premises. Advocates for the homeless view the policies as attempts to exclude homeless people from the libraries.
In a recent survey of 1,300 public libraries, staff members who responded to the survey viewed patrons with untreated severe mental illnesses as a greater threat to the future of America's public libraries than the Internet. Many librarians surveyed said that they had witnessed assaults on other staff members by mentally ill visitors, and that patrons with mental illnesses had necessitated changes in library policies.
Barry Ackerson, associate dean and director of the master's program in the School of Social Work, talked with News Bureau reporter Sharita Forrest about society's struggles to balance inclusion and open access with concerns about safety.
What is your reaction to policies such as those at public libraries that seem to exclude homeless or mentally ill patrons?
I have some very strong feelings about them, but I'm not an unbiased person. My late wife, to whom I was married for 30 years, was an academic librarian, so I have some feelings for the issues that librarians contend with.
The libraries are struggling with the fact that they're public institutions - anyone can walk in, any time and use their resources. They're concerned about fulfilling that public mission. In our current economy, when governments are struggling financially, social services often are either level-funded or cut, and that's when you see these kinds of problems. The library is just an example of a public space where people who aren't being adequately served will show up.
If someone is simply wearing old, tattered clothes and hasn't bathed recently, I firmly believe that people in our society need to respect that that person has a right to live in our community. If they're bothering other people, it's a different issue. If it's a public space, any member of society has a right to occupy that space as long as they're not interfering with the rights of other people. In our own community, we have an ill-kempt man who frequents Lincoln Square Mall. It's a little unsettling for some people. Storeowners are concerned that he impacts their business. I walk in the mall for exercise, and I've seen him. He really doesn't bother anybody.
But what if they make other people uneasy or scare other patrons away from public spaces?
If that person is actually bothering people or behaving erratically, then you may be dealing with a potentially dangerous situation. But there's a distinction between the homeless person who's dirty and unkempt but not bothering anybody, and the homeless person whose behavior is possibly threatening or dangerous. Then it's a safety issue.
The problem for libraries is when these people walk in, what do they do? Call the police or a social worker? Ever since the move for deinstitutionalization 20 years ago, communities have been concerned about what to do with people who look different or act different. We had a lot of concern about homelessness when people were released from state psychiatric hospitals, and many of them ended up living on the streets because society didn't provide adequate housing and outreach programs for them.
I don't think it's a matter of "just accept people." We need to have some very vigorous services because some of these people have been in and out of our systems for a long time, and the services we currently have aren't meeting their needs.
I'm an advocate of community outreach programs and assertive community treatment. I think social workers and mental health professionals shouldn't do all of our jobs sitting behind our desks. I've been involved in trying to get some assertive community treatment programs implemented here with Prairie Center and the Champaign County Mental Health Center. There's a program now with a team from the TIMES Center homeless shelter that goes out into the community and does some assertive case management trying to help homeless people get the services they need and reintegrate into society, and I collaborated on the grant for that.
I'd certainly hope that we don't get to the point where we have to have policemen in our public libraries. They shouldn't have to be there to guard the doors. But if we had a really good community-based system, there would be a good connection with a community based mental health agency and the police. And in the event of a safety problem, when library staff members had concerns about the behavior or mental state of a patron, there would be crisis response teams and those kinds of support programs there to deal with it.
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With U.S. In Turmoil, Experts Unsure What Kind Of Extreme Right May Emerge Soon
By Hannah Allam
Thousands of security forces are deploying across the country in anticipation of unrest around the inauguration. After the deadly siege on the U.S. Capitol, there have been more than a hundred arrests and a national reckoning over how seriously to take the right-wing extremist threat. NPR's Hannah Allam reports.
HANNAH ALLAM, BYLINE: If authorities in charge of protecting the U.S. Capitol say they didn't see the threat coming, then they weren't paying attention. There were warnings, like this one.
MICHAEL JENSEN: I fully anticipate that we're going to see some events in the coming weeks that are going to be really troubling and unfortunate.
ALLAM: That's terrorism researcher Michael Jensen at the University of Maryland in the weeks before the election.
JENSEN: And they aren't all going to be committed by individuals that are, you know, neo-Nazi skinheads that have dedicated their lives to this. They're going to be committed by seemingly regular folks that have gotten kind of caught up in the madness of the moment.
ALLAM: Jensen and others who track political violence have been sounding the alarm. National security officials themselves warned about far-right extremists in reports and at congressional hearings. Militants openly called for a big event - an attack, maybe, or a standoff - that could trigger wider unrest. And yet, on a day the president promised would be, quote, "wild," the U.S. Capitol was a soft target.
(SOUNDBITE OF RIOT AMBIENCE)
ALLAM: Hampton Stall is editor-in-chief of MilitiaWatch. He tracks older movements, as well as the new groups popping up. For all of them, Stall says, the attack on the Capitol is a game-changer.
HAMPTON STALL: Whether somebody sees it as a indication to the government of what their movement can do by taking over the U.S. Capitol building or if they see it as a false flag perpetrated by antifa agents and the deep state or if they see it as something that either was a failure or it didn't go far enough, all three of these views ultimately end in the same point, which is that folks need to get organized, so they need to get prepared for replicating or doing similar stuff down the road.
ALLAM: Analysts say today's threat is hybrid - the conspiracy and nativism of the Trump MAGAverse (ph) fused with more established extremist movements - the white nationalist and anti-government crowds. They got together at lockdown protests and Stop the Steal rallies, forming alliances that led to the showdown at the Capitol.
UNIDENTIFIED PEOPLE: 1776. 1776. 1776.
MEGAN SQUIRE: It wasn't just the rhetoric and the tone of it and the heat, right? That was all very bad.
ALLAM: That's Megan Squire, an Elon University professor who monitors extremist networks online.
SQUIRE: It was also the different types of groups and the different types of people that were using those - language and using the - this imagery of the blood of tyrants and all this kind of stuff. Oh, my gosh. This is very different.
ALLAM: The unifying factor is President Trump. Once he leaves the White House, will his most extreme followers continue to pose a national security threat? Backlash to the Obama administration led to a growth of armed groups. Stall from MilitiaWatch expects another surge under Biden but adds that there are new factors to consider, like the unprecedented crackdown on right-wing platforms.
STALL: There's a lot of sort of rhyming factors now from 2009, but there's a lot of variables that even in the last week have changed a lot.
ALLAM: With the nation in turmoil, it's unclear what kind of extreme right will emerge after Inauguration Day - how violent, how organized it might be and whether this time authorities will take it seriously.
Hannah Allam, NPR News. Transcript provided by NPR, Copyright NPR.
Hannah Allam
Hannah Allam is a Washington-based national security correspondent for NPR, focusing on homegrown extremism. Before joining NPR, she was a national correspondent at BuzzFeed News, covering U.S. Muslims and other issues of race, religion and culture. Allam previously reported for McClatchy, spending a decade overseas as bureau chief in Baghdad during the Iraq war and in Cairo during the Arab Spring rebellions. She moved to Washington in 2012 to cover foreign policy, then in 2015 began a yearlong series documenting rising hostility toward Islam in America. Her coverage of Islam in the United States won three national religion reporting awards in 2018 and 2019. Allam was part of McClatchy teams that won an Overseas Press Club award for exposing death squads in Iraq and a Polk Award for reporting on the Syrian conflict. She was a 2009 Nieman fellow at Harvard and currently serves on the board of the International Women's Media Foundation.
See stories by Hannah Allam
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University of St Andrews still one of the best places to work
Tuesday 9 September 2014
The University of St Andrews has received international recognition for its efforts in supporting the personal, professional and career development of its researchers.
Scotland’s oldest University is among seven universities to retain the HR Excellence in Research Award from the European Commission at the two year stage. The award demonstrates the university’s commitment to improving the working conditions and career development of its research staff, whilst attracting and retaining the best from across the globe.
St Andrews and the Scottish Funding Council are the only Scottish institutions to be recognised, alongside the University of Bagnor, City University London, Liverpool John Moores University, Oxford Brookes University and SOAS University of London.
The two year review requires institutions to highlight the key achievements and progresses they have made since achieving the award, and to outline the focus for their strategy, success measures and next steps for the following years.
The successful achievement is down to the hard work of the project team led by Professor Nic Beech, which features members of CAPOD, HR and the Research Policy Office.
Jos Finer, Head of Organisational Development in CAPOD said:
“I am delighted that the University has retained its HR Excellence in Research Award, and would like to give credit to our staff development team for the hard work they have carried out. The award has provided us with a real focus on what we are doing to support professional and career development for our researchers and we are looking forward to creating further developments over the next two years.”
Professor Trevor McMillan, UK panel member and Pro-Vice-Chancellor (Research), Keele University says:
“I am delighted that a further eight institutions have retained the Award at the two year point. Robust evidence of continuous progress, aligned to the Concordat to Support the Development of Researchers, is being demonstrated by Award holders that retain the Award. The careers of researchers are important to universities, research organisations, society and the wider employment sector; we need to continue to make improvements in the experiences of researchers on the ground.”
This month, the University of St Andrews was also shortlisted for a Times Higher Education Award for ‘Outstanding Support for Early Career Research’ for a collaborative project with the University of Dundee.
The two universities have developed a successful mentoring scheme for early career researchers, providing the opportunity for research staff to be matched with a mentor from their own institution or their neighbouring one.
A UK-wide process enables UK higher education institutions to gain the European Commission’s HR Excellence in Research Award, which acknowledges their alignment with the principles of the European Charter for Researchers and Code of Conduct for their Recruitment. The UK process incorporates both the ‘QAA Quality Code for Higher Education – Chapter B11: Research Degrees’ and the ‘Concordat to Support the Career Development of Researchers’ to enable institutions that have published Concordat implementation plans to gain the HR Excellence in Research Award. The UK approach includes ongoing national evaluation and benchmarking.
The award acknowledges that institutions have completed a gap analysis of their existing policies and practice against the Concordat, developed a robust action plan for implementation, and taken into account the views of researchers.
Issued by the University of St Andrews Press Office
Contact Victoria Herd on 01334 462530 or vah4@st-andrews.ac.uk
View the University’s latest news at www.st-andrews.ac.uk/news
Ref: HRexcellence2014
CAPOD employment HR Excellence in Research Award Nic Beech staff
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IAPP, Syracuse College of Law Partner to Present Inaugural Kurt Wimmer IAPP Westin Scholar Award
Friday, December 10, 2021, By Martin Walls
alumniawardCollege of Lawdata protectionPrivacy
The International Association of Privacy Professionals (IAPP), the largest and most comprehensive global information privacy community and resource, today announces its partnership with Syracuse University College of Law to present the new annual Kurt Wimmer IAPP Westin Scholar Award in memory of Kurt Wimmer, a longtime privacy professional and 1985 graduate of the College of Law who passed away earlier this year.
With the growing need for well-qualified privacy and data protection professionals, this award will support law students who consider a career in privacy and data protection.
A $1,000 cash award
Two years of membership with the IAPP
Up to three complimentary exams for IAPP certifications
Unlimited access to virtual training for designated IAPP certification programs
A copy of the book “Privacy and Freedom” with a special nameplate acknowledging the award
Kurt Wimmer L’85
“Kurt Wimmer was an exceptional privacy leader and lawyer and has left an indelible mark in the field,” says J. Trevor Hughes, IAPP president and CEO. “We’re pleased to offer this award in Kurt’s memory at a time when developing privacy professionals is essential to the privacy industry, and we look forward to recognizing outstanding students and emerging lawyers with this honor.”
As a privacy and technology lawyer, Wimmer had a passion for working closely with clients including Facebook, Microsoft, Samsung and other multinational organizations, in addition to non-traditional clients such as the National Football League and National Hockey League. He provided invaluable counsel in navigating constantly evolving challenges with acumen and alacrity. Most recently, he had served as co-chair of Covington & Burling’s global data privacy and cybersecurity practice in Washington, D.C.
“Kurt was an exemplar for all students at the College of Law. His grace and generosity, his humility and kindness, and his depth of expertise in a field that continues to evolve in challenging and exciting ways have energized many of our students over the years,” says Dean Craig M. Boise. “While we miss Kurt—he was always willing and available to advance the mission of legal education and the success of College of Law students—the Kurt Wimmer IAPP Westin Scholar Award will remind us of the indelible mark he left on the College and inspire us always to continue the trails he blazed.”
“Kurt was an international leader in privacy, cybersecurity, technology and media law, among many other accomplishments during a career at Covington that spanned more than three decades,” says Doug Gibson, Covington’s chair. “He was a tireless pro bono advocate as well and embodied the very best values of the firm. He was a beloved friend, teacher and mentor to colleagues of all ages, and this award is a great way to keep his spirit of generosity alive.”
Wimmer, a proud alumnus of the College of Law, often served as a mentor to law students, lecturing in its classrooms, and volunteering to support and champion Syracuse lawyers.
“Kurt would be deeply moved by this honor and proud to bring together the field he was so passionate about and his alma mater,” says Kurt’s wife Stephanie. “Our children and I look forward to celebrating the Kurt Wimmer IAPP Westin Scholar Award recipients for years to come, knowing that Kurt will have inspired their journeys, as he did countless others. We are eternally grateful.”
The Wimmer family will participate in the presentation of the inaugural award, which is slated to be announced at the end of the spring semester.
For more information about the award and its requirements, please visit iapp.org/westin-research-center/higher-education.
Martin Walls
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Entertainment Exchange
General Discussions & Support
Guests get more than they bargained for in trailer for Fantasy Island reboot
By Karlston,
November 11, 2019 in Entertainment Exchange
Karlston
Location: Lost in the 60's
Interests: UK TV drama & comedy | Home-made pizza | PC gaming (RPG, FPS, RTS) | Fleetwood Mac, Stevie Nicks
Think Westworld meets Cabin in the Woods, with a dash of Lost for good measure.
Michael Peña and Lucy Hale star in Sony Picture Entertainment’s Fantasy Island.
Ze plane! Ze plane! OK, there's no Tattoo, but the mysterious Mr. Roarke is still offering select guests a rare opportunity to make their dreams come true in Sony Pictures' big-screen reboot of Fantasy Island, based on the popular TV series of the same name that ran from 1977-1984. This 21st-century update plays up the horror aspects and is being touted as a cross between Westworld and The Cabin in the Woods—perhaps with a little bit of Lost thrown in for good measure.
Fantasy Island was always kind of a terrific storytelling concept, despite its cheesier elements. Apparently, creator Aaron Spelling pitched the series to ABC executives as a joke after they'd rejected all his other ideas—and the network loved the idea. The ultra-urbane Ricardo Montalban played the dashing Mr. Roarke, proprietor of the titular island, providing guests the chance to live out their fantasies, for a suitable price. He was aided by his trusty sidekick Tattoo (Hervé Villechaize). Every episode opened with Tattoo shouting the catchphrase, "Ze plane! Ze plane!" and ringing a bell in the island's main tower as guests arrived.
There were usually two to three subplots per episode, focusing on the different fantasies of specific guests, who inevitably found things did not play out quite the way they'd imagined. And while the rules of engagement held that guests must see their fantasies through to the end, no matter what, Mr. Roarke invariably intervened if things got too dangerous. The series always had certain supernatural elements (time travel was common, and ghosts, genies, and the devil himself made appearances), particularly in later seasons, with hints that Mr. Roarke was quite possibly immortal. Spelling has never revealed anything about the character, but Montalban later admitted that he viewed Mr. Roarke as a fallen angel presiding over an island purgatory. That would explain his fondness for moralizing and teaching guests a valuable lesson by fulfilling their fantasies in unexpected ways.
An attempted revival of the series in 1988 leaned even harder into the supernatural aspects. It starred Malcolm McDowell as Mr. Roarke, aided by a female shapeshifter named Ariel (Mädchen Amick) and his adoptive daughter Miranda—obvious allusions to Shakespeare's The Tempest. Fantasy Island was presented as a kind of limbo and a source for Mr. Roarke's supernatural powers, while the many assistants worked there to pay off some unnamed debt. That reboot bombed and was mercifully canceled midseason.
First image of article image gallery. Please visit the source link to see all images.
This latest reboot seems to preserve much of the original premise, with a twist. Per the official synopsis: "The enigmatic Mr. Roarke (Michael Peña), makes the secret dreams of his lucky guests come true at a luxurious but remote tropical resort. But when the fantasies turn into nightmares, the guests have to solve the island’s mystery in order to escape with their lives." Maybe there are shades of The Most Dangerous Game as well. The tagline is "You deserve it," so the moralizing aspect is probably intact, too.
The trailer opens, per tradition, with guests arriving via plane to the island and being greeted by an as-yet-unnamed host, played by Parisa Fitz-Henley (best known as Luke Cage's deceased wife in Netflix's Defenders series). "Here, anything and everything is possible," she tells the guests, although it doesn't take long for Melanie (Lucy Hale) to complain about the lack of cell phone service. She's also convinced that the "fantasies" are created using realistic holograms, "like Tupac."
Roarke greets his guests and outlines the rules: "There is only one fantasy per guest, and you must see your fantasy through. No matter what."
One of the guests, played by Maggie Q, is a grieving mother longing to be reunited with her dead daughter—and it seems Roarke has indeed managed to bring the little girl back to life, or something so like her, her own mother can't tell the difference. Another guest seems to find himself in a soldier-of-fortune/military-type fantasy. But it's Melanie's fantasy that is the main focus here: taking revenge on the girl who bullied her in school. She finds herself in a dungeon with said bully tied to a chair, ready for torture, but soon realizes it is not a hologram. That's really the girl who bullied her, and there's a creepy masked Surgeon (Ian Roberts) standing by to inflict unspeakable torments.
It's the ultimate fulfillment of the adage, "Be careful what you wish for." As one male guest complains, "The island's twisting what we asked for." And our grieving mother notes, "We weren't brought here to have our own fantasies. We were brought here to be a part of something else." Forget about escaping the island by plane: we see it explode in mid-air upon approach. Who will solve the puzzle and make it off alive?
Fantasy Island hits theaters on February 14, 2020.
Listing image by YouTube/Sony Pictures
Source: Guests get more than they bargained for in trailer for Fantasy Island reboot (Ars Technica)
(To view the article's image gallery, please visit the above link)
funkyy
Karlston 1 post
Guests get more than they bargained for in trailer for Fantasy Island reboot Think Westworld meets Cabin in the Woods, with a dash of Lost for good measure. Michael Peña and
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FORT LAUDERDALE, FL – NSU Art Museum Fort Lauderdale has named new officers of its Board of Governors. The new officers were elected at the board’s January 28 meeting and include: Andrew M. Heller (Vice Chair), Michelle Howland (Vice Chair), Juan Bergaz Pessino (Secretary) and Laura Palmer (At Large). They join Executive Committee members Francie Bishop Good (Chair), Jeff Haines (Treasurer), Stanley S. Goodman (At Large) and David Horvitz (At Large), all of whom were reelected.
The Board of Governors also named Whitney Lane and Barry Jay Minoff as new members.
“Each of these outstanding leaders has demonstrated a strong commitment to NSU Art Museum’s mission and future,” said Bonnie Clearwater NSU Art Museum director and chief curator. “They will be working closely with me and the Museum’s board and staff to develop new ways to serve the community and engage new audiences and donors.”
Andrew M. Heller (Vice Chair) is the founder of Heller Capital Corporation, which has provided funding for startup companies and acquisitions in manufacturing, financial services, medical technology, real estate development and finance, and natural resource exploration and development. Mr. Heller is also Chairman of Putnam Precision Products, a contract manufacturer of high precision machined components for medical devices and other industries. He was a member of the Board of Overseers of the Wharton School of the University of Pennsylvania and also served as a member of the Wharton Graduate Advisory Board. He was also a former chair of the Wharton Annual Fund and was the chair of the Wharton Global Forum Miami 2017. He is a member of the Board of Directors of the Jack and Jill Children’s Center in Fort Lauderdale.
Michelle Howland (Vice Chair) is a veteran real estate professional specializing in marketing high-end residential and waterfront properties throughout South Florida. Prior to her career in real estate, she spent several years in the technology world selling information systems to Fortune 100 companies. She is the founder of The Howland Group, an elite team of real estate specialists. Ms. Howland serves on the Board of Directors of The Humane Society of Broward County as well as the Board of Directors of PAWS, the auxiliary for the Humane Society and on the Board of Directors for the Broward Performing Arts Center Foundation. She is a current and past board member of Funding Arts Broward. She is also a member and supporter of the United Way of Broward County Alexis de Tocqueville Society.
Juan Bergaz Pessino (Secretary) is a Spanish film and television producer. In 2018, he established the Bergaz Productions Company with offices in Coral Gables, FL and Santa Monica, CA. The company produces high quality films and TV series in partnership with MiLu Entertainment and Hollywood Gang Productions, with a goal of revolutionizing the entertainment industry. Previously, he worked for the Bacardi Company from 2008 until 2018 and is a member of the Bacardi family.
Laura E. Palmer (At Large) is the President of Seitz Inc. Advertising and Promotion. She founded the company in 1990, following a 10-year period during which she effectively spearheaded successful advertising and promotional programs for a variety of clients. Since the early 1980s, she has worked with dozens of South Florida residential and commercial developers on a local and national basis. She also has extensive experience handling the promotion of product manufacturing across a number of industries, professional service companies and government agencies. She previously served as Vice Chair of the Museum’s Board of Governors and is also a member of the Board of Directors of Bonnet House Museum and Gardens.
Barry Jay Minoff (New Board member) is a Hollywood actor and film producer whose films include Looking Glass (2018) with Nicholas Cage. Chairman of his family’s business, Kichler Lighting, since 1997, he grew the Cleveland-based company into the largest manufacturer of decorative lighting. The company was sold to Masco Corporation in 2019. Mr. Minoff’s business awards include being named Ohio entrepreneur of the year in 1996 by Ernst and Young, NASDAQ and USA Today. He currently serves on the board of the Rock and Roll Hall of Fame Museum in Cleveland and Voices For Children Foundation in Miami and is a past chairman of YPO, Northeast Ohio Chapter. He is also an active member of the Broward Sheriff’s Advisory Council. In 2019, Mr. Minoff and his family made a historic gift to University Hospitals in Ohio, which provides medical care to over 100,000 outpatients annually at the University Hospitals Minoff Health Center.
Whitney Lane (New Board member) is a speech and language pathologist in private practice and an active member of the business and philanthropic communities. She is involved with Venture for America, a fellowship program for recent college graduates who want to become start-up leaders and entrepreneurs, and the Multiple Myeloma Research Foundation. She is also an avid art collector. Mrs. Lane has a Master’s degree in Speech and Language Pathology from Columbia University and a Bachelor’s in Psychology from University of Miami.
NSU Art Museum Fort Lauderdale is located at One East Las Olas Blvd., Fort Lauderdale, FL 33301. The Museum’s website is nsuartmuseum.org and phone number is 954-525-5500. Follow the Museum on social media @nsuartmuseum.
About NSU Art Museum Fort Lauderdale
Founded in 1958, NSU Art Museum Fort Lauderdale is a premier destination for exhibitions and programs encompassing many facets of civilization’s visual history. Located midway between Miami and Palm Beach in downtown Fort Lauderdale’s arts and entertainment district, the Museum’s 83,000 square-foot building, which opened in 1986, was designed by architect Edward Larrabee Barnes and contains over 25,000 square feet of exhibition space, the 256-seat Horvitz auditorium, a museum store and café. In 2008, the Museum became part of Nova Southeastern University (NSU), one of the largest private research universities in the United States. NSU Art Museum is known for its significant collection of Latin American art, contemporary art with an emphasis on art by Black, Latinx and women artists, African art that spans the 19th to the 21st-century, as well as works by American artist William Glackens, and the European Cobra group of artists. Two scholarly research centers complement the collections: The Dr. Stanley and Pearl Goodman Latin American Art Study Center and the William J. Glackens Study Center.
Exhibitions and programs at NSU Art Museum Fort Lauderdale are made possible in part by a challenge grant from the David and Francie Horvitz Family Foundation. Funding is also provided by the City of Fort Lauderdale, AutoNation, Community Foundation of Broward, the Broward County Board of County Commissioners as recommended by the Broward Cultural Council and Greater Fort Lauderdale Convention & Visitors Bureau, the State of Florida, Department of State, Division of Cultural Affairs and the Florida Council on Arts and Culture. NSU Art Museum Fort Lauderdale is accredited by the American Association of Museums.
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Square License
A license (American English) or licence (British English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license can be granted by a party to another party as an element of an agreement between those parties. A shorthand definition of a license is “an authorization to use licensed material.”
In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations.
A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor.
Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to “North America” (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Japan.
A shorthand definition of license is “a promise by the licensor not to sue the licensee”. That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so.
Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing (proprietary licensing) and IP licensing form sub-branches of law born out of the interplay of general laws of contract and specific principles and statutory laws relating to these respective assets.
Content from wikipedia.
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Rocglen Fine Reduced
Posted on April 1, 2019
/With 1 Comment
Image: Rocglen Mine, situated on the floodplain with the Nandewar Ranges to the east (top) and Vickery State Forest to the west (left of pic) Pic courtesy of Wando Conservation and Cultural Centre Inc, Maules Creek.
Rocglen mine pollution fine reduced due to “good character” of Whitehaven… but Court did not hear the full story …
The NSW Land and Environment Court has decided the case of Environment Protection Authority v Whitehaven Coal Mining Ltd [2019] NSWLEC 27, a prosecution of the Rocglen Coal mine over a blasting violation from 2016. Whitehaven Coal Mining Ltd (“WCM”) is a wholly owned subsidiary of Whitehaven Coal Ltd (“WCL”), the latter which operates the Maules Creek mine a little to the north.
WCM pleaded guilty to offences including including allowing dangerous NOx gases to escape from the site into surrounding farmland, and breaches of the Blast Management Plan, such as carrying out a blast without a written risk assessment being undertaken, using explosive products which increased the risk of blast fume generation in the conditions, and overloading blast holes with explosives.
Judge Pepper said:
“[139] The principal danger associated with NOx gases is a potential to cause harm to biological organisms from that nitrous oxide which, when combined with water, forms nitric acid. In terms of harm to humans and animals, the primary health impacts arising due to NOx exposure can involve irritation to eyes,a lungs, skin, and mucosa, by acid burns and in more extreme incidents of exposure, damage to those organs. The health impacts to humans and animals from direct exposure can range from mild to fatal.”
But the fine of $35,800 was reduced from a higher sum, due in part to the Judge’s conclusion that WCM is “a corporate citizen of good character”.
For those familiar with the track record of the parent company Whitehaven Coal Ltd and the history of the Maules Creek mine, and Gunnedah Coal Washery and processing plant, this aspect of the Judgment was disappointing. The Court was not permitted to take into consideration the environmental track record of Maules Creek mine, nor such other evidence as Chief Executive Officer Paul Flynn’s blatant mistruths to the 2017 Annual General Meeting where he blamed the reclassification of the mine’s risk level on just one farmer complaining for financial motives so he could get a higher price for his property. Many submissions against the Vickery coal mine have also argued against the eligibility of Whitehaven Coal on the grounds of “not fit and proper” to hold an environmental licence.
However, the Judge was not allowed to consider the long list of grievances, licence violations, cautions and other regulatory action against Whitehaven Coal because Rocglen licence is held by WCM. Therefore, even though it is a wholly owned subsidiary, the conduct of other companies in the Whitehaven group is not to be considered.
Nor did Judge Pepper hear about some of the personal stories of some farming neighbours such as the Nicholls’, who in 2014 complained bitterly about their plight living within 24km of three Whitehaven mines in the area.
WF and SE Nicholls spoke about the impacts of several nearby Whitehaven coal mines on their farm property “Brolga” in their submission against Whitehaven’s Vickery mine in 2014:
“Blasting. Our house has already been shaken by blasting operations from Canyon 12 km, Rocglen 7 km, Tarrawonga 24 km on numerous occasions. We absolutely and utterly object that this is already occurring and note that with 5 & 6 blasts per week from Vickery that our house can be expected to fall to pieces over a 30 year period. This is not a reasonable position for any neighbour to have to contend with. The underlying strata is carrying blasting vibrations our direction and the Vickery forest between us and Tarrawonga has offered no protection. …
Despite lodging formal objections Whitehaven does not want to know anything about problems arising from their blasting operations and conveniently dismiss by passing responsibility to who claim no criteria had been exceeded. Due to the distances involved this just cannot be correct. …
This is a disastrous position for anybody to be placed in. With over 8,000 blasts to be expected over the life of the [Vickery] mine it is no wonder we have come to that conclusion.”
Faced with a fourth mine impacting them (they did not include Maules Creek and Boggabri coal mines) the Nicholls concluded, “we are too close to such a major mining development, effectively 100% within the 4 km zone from the mine”.
The Nicholls subsequently sold “Brolga” property to its present owners, the Land and Water Commissioner Mr Jock Laurie and his wife. Land and Water Commissioner is “a sensitive independent role, which involves liaising with landholders and mining companies over access to properties for coal and gas exploration”.
Notification of the pollution conviction not required in Whitehaven Coal Annual Report
The latest Whitehaven fine was accompanied by Court orders that the company place a notice in various National, State and Regional news publications advising of the commission of the offence, and to place a notice on the parent company, WCL, website in the “Company News” section advising of WCM’s commission of the offence. Judge Pepper also required publication in the parent company’s website in the “Company News” section advising of WCM’s commission of the offence.
However, there is one publication where news of the conviction will not be notified – and that is the company’s own Annual Report.
Whitehaven “strenuously” resisted attempts by the EPA to persuade the Land and Environment Court to order details of the conviction be published in the parent company’s Annual Report. The offender has thereby limited the degree to which Whitehaven Coal shareholders would be made aware of the conviction. Whitehaven argued that this would be “excessive punishment”.
Indeed, news that another Whitehaven coal mine or processing plant is being cautioned, fined, or subjected to a mandatory environmental audit or clean up order, certainly could have a tendency to undermine confidence in Whitehaven Coal.
The company is to place public notices within the first 5 pages of the following publications, at a minimum size of 9 cm x 12 cm, within 28 days of the date of the order:
The Sydney Morning Herald;
The Daily Telegraph;
The Australian Financial Review; and
The Northern Daily Leader.
Business as Usual at Whitehaven mines
Will this conviction make a difference to the culture within the Whitehaven Coal group change?
In order to save one day of production time at a small, relatively insignificant mine, Whitehaven set in train a botched blast. None of this would have happened if they had waited for one day. Imagine the pressure to keep production going at Maules Creek, which is at least five times larger.
At the time of the blast incident, the General Manager of the Gunnedah Operations, including Rocglen Mine, was Mr Nigel Wood who is now the General Manager at Maules Creek coal mine a short distance away to the north. Jamie Frankcombe the General Manager of Group Operations is also still in the role. And of course the CEO Paul Flynn is still the same.
There is no practical distinction between WCL and WCM. The same people staff the mines and are moved about from time-to-time.
It is very unlikely that this offence will change how things are done at Whitehaven mines. But Whitehaven may regret that they broke with their usual “never admit anything” credo by self-reporting this offence.
Image supplied: 27th March 2019, 12:34pm Maules Creek mine blast seen rising over koala habitat at Leard State Conservation Area. This blast is now the subject of a complaint by the community.
Geoff Petersson April 4, 2019 Reply
Presumably, Judge Pepper is correct in not being able to take account of the infringements made by the parent company in determining the fine to be levies on WCM. However, this is clearly an unsatisfactory position and one would think that the law should be amended to allow the Courts to take into account such matters in corporate groups that operate as a conglomerate, or at least where there is clearly control by the parent company.
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Top Stories World
Consumption of Wildlife Drops Almost 30% Over Links to COVID-19
WWF survey also finds 72% of American respondents believe closure of high-risk wildlife markets is effective in preventing future pandemics
Gland, Switzerland, May 23, 2021 (GLOBE NEWSWIRE) — As the World Health Assembly opens today against a backdrop of the continuing COVID-19 pandemic, a new World Wildlife Fund commissioned report reveals that nearly 30% of people surveyed across China, Myanmar, Thailand, Vietnam and the United States say they have consumed less or stopped consuming wildlife altogether because of the global health crisis.
Specifically, 28% of those surveyed in China consume less wildlife or have stopped consuming wildlife because of COVID-19, with numbers doubling over the last year in Thailand (to 41%) and remaining relatively stable in Vietnam (39%). In the United States, 12% of participants say they consume less or have stopped consuming wildlife. There remains a committed contingent of wildlife consumers, however, with 9% of participants intent on buying wildlife products in the future in all five countries.
The figures are part of a survey conducted for World Wildlife Fund (WWF) by GlobeScan and published today in a new report, “ COVID-19: One Year Later: Public Perceptions about Pandemics and their Links to Nature.”
Research shows that up to three-quarters of emerging infectious diseases, including COVID-19, are zoonotic, meaning they jump from animals to humans. Key drivers of zoonotic disease include, high-risk wildlife consumption and trade and deforestation.
This report builds on an initial study conducted by WWF a year ago that aimed to deepen understanding of public attitudes and behaviors about COVID-19 and wildlife markets. The new data shows strong global understanding that risky animal-human interaction, often connected to deforestation and high-risk wildlife trade, can lead to serious disease outbreaks.
Key report findings:
46% of all survey participants listed disease transmission from animals to humans as the root cause most likely to trigger future pandemics.
Support is strong in all five countries to back government efforts to close high-risk markets selling wildlife (85%) and stop deforestation (88%).
In the United States, 72% surveyed believe closure of high-risk wildlife markets is very or somewhat effective to prevent similar pandemic diseases from happening in the future.
59% of Americans surveyed said they would be extremely worried or very worried about a similar outbreak if measures weren’t taken to close high-risk markets.
67% of Americans said they are more likely to buy from companies taking action to prevent pandemics, including implementing sustainable resource use and stopping deforestation.
“The world has gotten a crash course this past year in pandemics. Preventing future ones requires us to repair our broken relationship with nature, and that starts with ending the trade and consumption of high-risk wildlife and stopping deforestation,” said President and CEO of WWF-US, Carter Roberts. “This new research shows that the public supports those changes. At WWF, our next step will be to work with governments, companies and consumers to convert these attitudes into actions, and to make sure they stick.”
The survey confirms that when policy change happens, consumer behavior change often follows. The Chinese government announced a broad ban on the consumption of wild animals in February 2020, and the survey found that in China, closing high-risk wildlife markets is seen as the most effective measure to prevent pandemics (91%). In Vietnam, where the Prime Minister also announced actions against the illegal wildlife trade last year, 84% of respondents agree that closing high-risk wildlife markets is crucial.
WWF-US is calling on governments to adopt a One Health approach to deforestation and high-risk wildlife trade. WWF is also calling for the U.S. government, G-7 leaders and multilateral organizations to take immediate action to address high-risk wildlife markets and strengthen national legislation, regulation and enforcement to support these actions over the long term.
WWF urges decision-makers to take the critical steps needed to address key drivers of zoonotic disease outbreaks in their pandemic prevention plans. Halting deforestation and closing risky wildlife markets will help wildlife populations recover while maintaining local and global biodiversity that naturally helps regulate disease.
Elizabeth Davis, [email protected], (937) 776-3493
Sarah Fogel, [email protected], (917) 749-0990
Summary of key findings can be found here.
The full report can be downloaded here.
Photo and video assets can be found here.
About the GlobeScan survey
This online survey of those aged 18+ was conducted in five countries between February 4 and March 18, 2021, which coincides with the 2020 survey conducted between March 6 and 11, 2020. Sample sizes: United States (2,000), China (2,000), Vietnam (1,000), Thailand (1,000) and Myanmar (631). Because of political unrest in Myanmar, research in this country was cut short.
About One Health
When the “One Health” approach was explained to respondents in the GlobeScan survey, 85% said they strongly support or support such an approach to combating pandemics.
‘One Health’ is defined by WHO as an approach to designing and implementing programs, policies, legislation and research in which multiple sectors communicate and work together to achieve better public health outcomes. It brings together the expertise across public health, animal health, plant health and the environment. It is endorsed by multiple international and national organizations, including World Health Organization (WHO), Food and Agriculture Organization (FAO), World Organization for Animal Health (OIE), United Nations Children’s Fund (UNICEF), United Nations System Influenza Coordination, the World Bank, Centers for Disease Control and Prevention (CDC) and others.
About high-risk wildlife markets
High-risk wildlife is defined as groups of species that pose a particular risk for the transfer of zoonotic diseases. They are: rodents, bats, shrews and shrew-like relatives, primates, carnivores and ungulates. Rodents carry 85 known zoonotic diseases, carnivores 83, primates 61, ungulates 52, bats 25, and shrews 21.
WWF is an independent conservation organization, with over 35 million supporters and a global network active through local leadership in nearly 100 countries. Our mission is to stop the degradation of the planet’s natural environment and to build a future in which people live in harmony with nature, by conserving the world’s biological diversity, ensuring that the use of renewable natural resources is sustainable, and promoting the reduction of pollution and wasteful consumption. Visit https://www.worldwildlife.org/about/news-press for the latest news and media resources, and follow us on Twitter @WWFNews.
CONTACT: Elizabeth Davis World Wildlife Fund 937-776-3493 [email protected]
source: yahoo.com
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Eagles need win at Jets, with or without hobbled QB
Both the Philadelphia Eagles and New York Jets hope they have found their quarterbacks of the future in Jalen Hurts and Zach Wilson.
But for Philadelphia, the present matters just a little more as the teams prepare for their game in East Rutherford, N.J., on Sunday.
Philadelphia (5-7) is onlya half-game out of the final wild-card spot in the NFC as it enters its final game before the bye.
New York (3-8) is not a factor in the AFC playoff chase but is trying to get Wilson valuable experience after he sat out four games because of a knee injury. He returned last week for a 21-14 victory at Houston.
The Eagles are dealing with some uncertainty regarding Hurts, who suffered a sprained ankle in the 13-7 loss to the New York Giants last Sunday. Hurts practiced on a limited basis Wednesday, and both he and first-year head coach Nick Sirianni expressed confidence that he would be good to go.
"I'll be ready to go," Hurts said. "You guys (media) obviously know I'm dealing with a little something but it's business as usual."
Said Sirianni: "He's as tough as they get. Obviously, you want that out of your quarterback. ... I think in his and my mind, we're both saying, 'Yeah, he's going.'"
If Hurts has a setback, or if Sirianni and the Eagles change their plans, backup Gardner Minshew would get the start. How would that affect Philadelphia's offensive game plan?
"I don't want to say it's different game plans," Sirianni said. "It's different styles a little bit because you tweak everything for each individual player. So it is, but again, we're playing (against) a certain style of defense. So, there will be some similarities regardless of who's playing quarterback."
"The quarterback (Hurts) is dynamic with the ball in his hands," Jets coach Robert Saleh said. "Whenever the quarterback is involved in the run game, it's 11-on-11 football."
But if Hurts is ailing, will he be able to run as much? Hurts, who threw three interceptions against the Giants, has rushed for at least 55 yards in each of his last six games.
Wilson was a lackluster 14-for-24 for 145 yards and no touchdowns and one interception, with a passer rating of 58.5 in the victory over the Texans.
"Was it his best game? No," Saleh said. "Did he do a lot of things? Did he get comfortable as the game went on? Absolutely. ... He orchestrated three pretty long drives and did enough to win the football game and that's what's most important."
Wilson also had a 4-yard touchdown run when he audibled on a third quarter read-option. He admitted his right knee isn't 100 percent, but both he and Saleh said he can't damage it further by playing.
"No excuses," he said after the game. "You've got to be able to come out and play well. I've had this whole time to watch and learn from everybody else. I thought I had my best week of practice, so now I've just got to put it to the field and just get better."
For the Eagles, right guard Jack Driscoll (sprained ankle) is out for the season but it appears center Jason Kelce (knee) should play.
Jets wide receiver Corey Davis (groin) could miss a second straight game. He did not practice Wednesday.
Philadelphia is 11-0 all-time against the Jets in a series that began in 1973, but as Saleh said when informed of the stat, "That's history."
The last meeting was Philadelphia's 31-6 romp on Oct. 6, 2019, when the Jets started third-string quarterback Luke Falk.
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Covering the Tour
July 28, 2016 June 10, 2019 Ngā Taonga Sound & Vision 0 Comments 1980s, apartheid, Gisborne, Graeme Moody, Hamilton, James Weir, Jesse Mulligan, John Howson, Lindy Fleming, Radio New Zealand, rugby, Sarah Johnston, South Africa, Sports, Springbok Tour, televised sports, Wellington
– By Sarah Johnston (Client Services Coordinator – Radio, Ngā Taonga Sound & Vision)
Thirty-five years ago this week we were in the middle of New Zealand’s “winter of discontent,” with the country embroiled in the 1981 Springbok Tour. Protests took place all over the country, with many families divided between rugby fans – who thought sports should not be concerned with political issues – and those who felt New Zealand should be joining the international boycott and cutting all sporting ties with apartheid-era South Africa.
Radio New Zealand news and sports reporters were in the thick of it, as the conflict between police, protestors and rugby fans became more and more heated. You can hear me talking to RNZ’s Jesse Mulligan about some of the archived sound recordings from those turbulent times held in the radio collection at Ngā Taonga Sound & Vision, or read more and find links to the recordings below.
Protestors and police officers at Rugby Park, Hamilton – Photograph taken by Phil Reid. Dominion post (Newspaper) : Photographic negatives and prints of the Evening Post and Dominion newspapers. Ref: EP/1981/2596/10-F. Alexander Turnbull Library, Wellington, New Zealand. http://natlib.govt.nz/records/23098586
In the tour opener at Gisborne, anti-tour protesters had managed to break through a perimeter fence but were prevented from occupying the field and disrupting the match. Three days later, at Rugby Park in Hamilton on July 25, Waikato prepared to take on the Springboks. Over 500 police officers were present in the city but the protest planners had also been busy, buying more than 200 tickets for the game to ensure that protesters could make their presence known. As it was a Saturday, more people were able to protest, and around 5,000 gathered to march on Rugby Park. Shortly before kick-off, RNZ’s sports commentators, the late Graeme Moody and John Howson found themselves covering the action as protestors broke down the fence and made their way onto the field.
http://www.ngataonga.org.nz/blog/wp-content/uploads/2016/07/cut-1-protest.mp3
Report on Protests at Rugby Park (25 July 1981)
Hear the full recording of the Waikato game protest and cancellation here.
Police struggle with demonstrators, Hamilton – Photograph taken by Ian Mackley. Dominion post (Newspaper) : Photographic negatives and prints of the Evening Post and Dominion newspapers. Ref: EP/1981/2601/14-F. Alexander Turnbull Library, Wellington, New Zealand. http://natlib.govt.nz/records/22333589
After the pitch invasion police had to control a potentially very volatile situation – thousands of frustrated rugby fans, surrounding a group of committed protestors in the middle of the field. As the game was cancelled, the fury of the thwarted rugby fans could be felt through the airwaves:
http://www.ngataonga.org.nz/blog/wp-content/uploads/2016/07/cut-2-hamilton.mp3
Protesters in Hamilton during a demonstration against the 1981 Springbok tour – Photograph taken by Phil Reid. Dominion post (Newspaper) : Photographic negatives and prints of the Evening Post and Dominion newspapers. Ref: EP/1981/2599/3-F. Alexander Turnbull Library, Wellington, New Zealand. http://natlib.govt.nz/records/22551319
The Waikato game was the first being televised live back to South Africa, so viewers there saw the New Zealand opposition to the tour and apartheid. And the protests kept coming – soon taking place on a daily basis and not just at games.
On July 29, in Wellington, 2,000 anti-tour protesters were confronted by police who used batons to stop them marching up Molesworth St to the home of South Africa’s ambassador in Wadestown. This was the first use of batons against protestors and the violence horrified many people. There were no mobile phones in 1981, so reporters couldn’t provide live coverage from the middle of a march, but RNZ reporters Lindy Fleming and James Weir were there and reported back in the studio on what they saw and captured with their tape recorders.
http://www.ngataonga.org.nz/blog/wp-content/uploads/2016/07/Cut-3-molesworth.mp3
Report on Wellington Protests (29 July 1981)
You can listen to the Molesworth Street action and other 1981 anti-Tour protests from around the country, in a compilation of radio coverage here.
← C’mon Jack!
35 Years Ago: Springbok Tour Protests in Wellington →
New Zealand’s Famous Dolphins
March 3, 2016 March 3, 2016 Ngā Taonga Sound & Vision 0
Hawke’s Bay on Film 1913 – 1985
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Bridging Research to Practice to Safeguard Our Schools
Agenda Day 1
PREPARING FOR AND RESPONDING TO THREATS AND VIOLENCE
Only available as part of a package
Preliminary Data from a Statewide Anonymous Tip Line and Multidisciplinary Teams in Nevada, Al Stein-Seroussi
In 2018, the State of Nevada launched SafeVoice, a statewide anonymous tip line for students to report events that might be harmful to them, their peers, or their school community. Harmful events are far ranging and include suicide threats, bullying, harassment, depression, and planned school attacks. The goal of SafeVoice is to provide a mechanism for students to inform responsible adults who can then prevent harmful events before they happen or to stop them from continuing. Although often referred to simply as a "tip line," SafeVoice also requires each school to have a multidisciplinary team (MDT) available around the clock to respond to tips. The Nevada Department of Education administers and oversees SafeVoice; the Nevada Department of Public Safety operates a 24/7 communication center that receives tips from students and then disseminates them to the appropriate local school district or law enforcement agency. SafeVoice is funded primarily by a grant from NIJ (2016-CK-BX-0007) to Pacific Institute for Research and Evaluation which is responsible for all research components. During this session, we will present program data about the volume and type of tips and preliminary data from our MDT survey about the experiences of those who receive and respond to tips.
Student Threat Assessment as a Safe and Supportive Prevention Strategy, Dewey Cornell
In 2013, Virginia became the first state to mandate student threat assessment in its public schools and in recent years many other states have required or encouraged its use. This project examined the statewide use of threat assessment in Virginia and identified ways to improve training and implementation. In this presentation we explain why student threat assessment must be distinguished from other kinds of threat assessment. We report some of the difficulties in statewide implementation of threat assessment and describe our development and testing of an online educational program for students, parents, and staff to encourage support for threat assessment. Next, we present outcomes for a sample of 1,865 cases assessed in 785 schools. As expected, threat assessment produced low rates of disciplinary and legal outcomes. Furthermore, there were no statistically significant differences for Black, Hispanic, and White students. These findings reflect the potential for threat assessment to provide an alternative to zero tolerance that is less punitive and more equitable. Finally, we describe next steps for future research on this rapidly growing violence prevention strategy.
Evaluation of the Say Something Anonymous Reporting System to Improve School Safety, Justin Heinze and Hsing-Fang Hsieh
Background. Anonymous reporting systems (ARS) have the potential to improve school safety through facilitating reporting and improving school climate. Yet, they have not been evaluated with experimental designs for either the effects they have on student reporting behavior and attitudes or school violence.
Method. We seek to understand the effectiveness of the Say Something Anonymous Reporting System (SS-ARS) program in improving school climate and preventing school violence by examining underlying psychosocial factors in a cluster randomized control trial among students in 19 middle schools in the Miami-Dade County Public Schools. Using repeated survey responses, we compared students' self-efficacy and intention to report warning signs, perceptions of school climate, and exposure to violence at school in treatment versus control student populations.
Results. Results indicate that SS-ARS improved both short-term (3-month) and longer-term (9-month) outcomes for students to report warning signs. The intervention had positive effects on students' perceptions of school climate and reduced students' reports of violence exposure at school.
Conclusion. Our findings suggest that the implementation of ARS systems can be effective when they include ARS training that is integrated into a more comprehensive approach to improve school climate.
This is Not a Drill: Student and Staff Comprehension of Emergency Operations Protocols for School Violence, Josh Hendrix
School shootings in the past few decades have raised questions around how schools prepare for active shooter situations and the extent to which they are ready to respond to an emergency. We reviewed safety plans from 10 middle and high schools, assessed variation in lockdown protocols, examined staff and student comprehension of procedures, identified areas of strong and weak mastery, and highlighted characteristics associated with comprehension.
Al Stein-Seroussi
Al Stein-Seroussi, PhD is a Senior Program Evaluator at Pacific Institute for Research and Evaluation (PIRE). His area of expertise is assisting states, territories, tribal nations, and communities evaluate and monitor their substance abuse prevention and behavioral health initiatives. He has been directing state- and community-level evaluations of substance abuse prevention, violence prevention, and mental health promotion initiatives in many states across the county including Idaho, Indiana, Michigan, Nevada, New York, North Carolina, Oklahoma, South Carolina, South Dakota, and the US Virgin Islands. Al has also led several research studies related to substance use and violence prevention. He is the Principal Investigator for a study funded by NIJ to examine the effects of an anonymous tip line and multidisciplinary response teams in all schools throughout the state of Nevada. He was the subcontract director for an NCI/FDA-funded randomized control trial of cigarette warning labels. He also led a randomized control trial of a smoking cessation program for adolescents. Al received his PhD in social psychology from the University of Texas at Austin and his BA in psychology from Brandeis University.
Dewey Cornell
Dewey G. Cornell, Ph. D. holds the Virgil Ward Chair as Professor of Education in the School of Education and Human Development at the University of Virginia. As a forensic clinical psychologist, Dr. Cornell has worked for more than 30 years with juvenile and adult violent offenders and consulted on school violence prevention efforts. He has authored more than 200 publications in psychology and education, including studies of bullying, school climate and safety, and threat assessment. He is the principal developer of the Comprehensive School Threat Assessment Guidelines and is currently conducting research on statewide implementation of threat assessment in Florida public schools.
Justin Heinze
Dr. Heinze is an educational psychologist and Assistant Professor at the University of Michigan School of Public Health. His research investigates how schools influence disparities in violence and other risk outcomes from an ecological perspective that includes individual, interpersonal, and contextual influences on development. He is particularly interested in structural features of school context and policy that perpetuate inequity in violence and firearm outcomes, but also how these institutions can serve as a setting for intervention.
Hsing-Fang Hsieh
Dr. Hsing-Fang Hsieh is an Assistant Research Scientist whose work focuses on minority health, applying resilience theory and multi-domain analysis to investigate the relationships between socio-environmental exposures (family environment, peer influence, neighborhood stress) and health outcomes in inner-city settings. Her research focuses on advancing the understanding of violence exposure and its long-term effects on health risk behaviors and chronic conditions among minority youth.
Dr. Hsieh is the Co-PI on the NIJ funded evaluation of Sandy Hook Promise Anonymous Reporting System and Co-I on several school safety projects and the project director for the University of Michigan Flint Adolescent Study, a 20-year longitudinal study of youth growing up in Flint, MI. She is also leading the evaluation team for the National Center of School Safety.
Joshua Hendrix
Dr. Joshua Hendrix is a research scientist at RTI International in the Center for Community Safety and Crime Prevention. He specializes in school safety, violence prevention, victimization, and policing. His recent research has been featured in Preventing School Failure, Journal of Forensic Sciences, and Journal of School Violence.
Phelan Wyrick
Phelan Wyrick, Ph.D. is the Director of the Research and Evaluation Division at the National Institute of Justice (NIJ) in the United States Department of Justice (DOJ). He leads a team of social scientists that develop and oversee federally-funded research, evaluation, and data collection projects related to criminal justice, juvenile justice, and crime victim services. His division works to build knowledge and advance evidence-based practices to address national priorities on topics that include: firearms violence, human trafficking, terrorism prevention, violence against women, elder abuse, gangs, school safety, juvenile justice, and white-collar crime. Dr. Wyrick also leads NIJ’s international activities in coordination with the United Nations Office of Drugs and Crime.
02/16/2021 at 12:45 PM (EST) | 90 minutes
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Veterans' Gateway
Charity seeks wounded Veterans for Long Way Up sailing adventure
A Cornish charity has launched a campaign to find a team of wounded veterans for an ambitious 2,000-mile sailing expedition from Land’s End to John O’ Groats – and back.
Turn to Starboard is offering a unique opportunity for 50 ex-Service personnel who have been wounded or injured to join the epic challenge for a one-way voyage in either direction.
The Long Way Up will see a fleet of five yachts set sail from Land’s End on September 7, 2021. Crew members will spend around three weeks at sea navigating the west coast of mainland Britain while learning to sail under expert tuition from professional instructors.
Turn to Starboard CEO and founder, Shaun Pascoe, said:
“The aim of this exciting challenge is for wounded veterans to experience the therapeutic effects of sailing and the sea, meet people facing similar challenges as their own and gain valuable new skills.
“Crew members can choose to either set sail from Land’s End or John O’Groats on a 1,000 nautical-mile trip and enjoy stunning views along Britain’s wild coastline. Each participant will get the chance to develop their sailing ability and skippering skills, learn about navigation, meteorology, safety and signals. There’s no doubt each person will return as a competent sailor and have the option to continue their training with the charity and put themselves forward for an RYA Yachtmaster Offshore assessment. This valuable qualification allows the holder to work professionally in the boating industry as a delivery skipper, on a superyacht or as a sailing instructor and is recognised worldwide as a certificate of competency.
He continued: “The expedition will be a challenge too, as crew members will be tested at times with strong winds, waves and varying weather conditions. Yet they will be rewarded with spectacular scenery and the chance to visit some of the stunning remote islands off Scotland’s west coast. Skippers will break up the journey with stopover anchorages and at marinas for rest days and to use onshore facilities.
“All places are provided free of charge and include three meals a day plus the loan of waterproof kit and safety lifejacket. No previous sailing experience is required as all participants will receive expert tuition from professional instructors.
“Places are available to injured veterans, serving or retired, whether they want to take part in a challenge or just have fun on the water. Turn to Starboard is full of bright examples of veterans of all abilities enjoying sailing, proving that there are no barriers to taking part in this fantastic sport.”
Launched in 2012, Turn to Starboard offers several strands of activity including Royal Yachting Association (RYA) sailing courses, family sailing trips, Tall Ship sailing and competitive racing. The Falmouth-based charity has provided more than 3,000 sailing opportunities to injured veterans and their families. The focus is on resettlement, reintegration and reinforcing a sense of value and belonging for participants, along with an opportunity to gain professional sailing qualifications to start new careers in the marine industry.
The Long Way Up expedition follows two highly successful Round Britain Challenges organised by the charity in 2016 and 2017. The epic voyages saw teams of injured veterans circumnavigate the British Isles onboard a traditional Tall Ship. Both of these life-changing expeditions helped many participants gain professional sailing qualifications and take positive steps forward in their lives.
For more information or to apply for a place on the Long Way Up expedition, contact Helen on 01326 314262 or email helen@turntostarboard.co.uk. Application deadline: August 1, 2021.
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Medicine Ball Challenge makes it to the Mournes!
NIVSO on BFBS Radio!
Lifeline funding awarded to Brooke House from the Armed Forces Covenant Fund Trust
NIVSO Newsletter - Edition 1
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How do we prepare ourselves and our children for the new age of employment? A strategic advisor explains
“The human race will not survive if it is not considered a way of life again,” is how Haim Lipa opens his recently published book, “Dialogue and Sharing – Man is a Smart Machine.” This book, along with another book, “Learning as a Serious Game,” Lipa wrote , An expert in decision-making management in uncertain conditions, founder and developer of the human GPS model for improving and upgrading the infinite capacity of the brain, in the last two years, following the outbreak of the corona plague, to give people tools to deal with the new world.
“There are milestones in life, such as the corona plague, that burn in the mind and lead to soul-searching, change and the search for the next thing – something we are good at and that others need – in order to survive a shaky, threatening and difficult time,” he says. “I thought it was right and proper to promote new and interesting ways to adapt to the changing conditions. We all want job stability, to know that we can work, develop a career, make a living and also remain important and significant in the present and future that are characterized by uncertainty. In the new era, employment stability depends primarily on us, our ability to remain relevant, unique and employable despite our limitations. Robots are already here everywhere, and with them come the questions and concerns as to the professions they will replace. What should you learn? Am I at risk? And how can we take advantage of this new age to be special and required for tomorrow’s professions? ”
“We have no choice in the new world of work, but to develop the required skills and reinvent ourselves. Know how to liberate who we are and build ourselves according to the new professions. Will technology replace us at work? Or will we succeed in building a world where robots and humans work side by side? Reality shows that as more and more operations combine automation, digitization and artificial intelligence, jobs and roles are defined and re-edited. Studies indicate that in the coming decades, about a third of the world’s workers may lose their jobs in favor of automation. Some will be completely lost, some will be redefined and readjusted, and many new professions will be created. There are more questions than answers here, so the key to a secure employment future lies with us – with each and every one of us. ”
Haim Lipa, “Dialogue and Sharing – Man is a Smart Machine” (Photo: Yachz)
What abilities are required of us in this age?
Studies show that in the 21st century, the chances of a 21st-century employee to integrate into work increase significantly when he or she becomes a professional and acquires ‘soft’ skills and competencies, such as mental flexibility, technological literacy, service orientation, teamwork, shared thinking, negotiation, self-learning, communication Interpersonal and more. The new world of work is changing frequently and significantly necessitating our adaptation to the needs of the market and employers. We are parting from a world of employment based on permanent and long-term jobs, with mutual commitment and a secure pension. We must therefore replace the questions of the past with questions relevant to the future. “Work is no longer just a place to go to, but something you want to do out of meaning and purpose, without being required to define a place, employer or task.”
How do you do that
Lipa, 65, a resident of Zichron Yaacov, serves as a strategic organizational consultant for innovation and entrepreneurship, leading processes of efficiency and continuous improvement among companies and organizations, with a special emphasis on the skills and abilities required for the new world of employment. For many years he has been teaching and training executives, workers, students and military and security personnel as well as special populations and people with disabilities.
Haim Lipa, “Learning as a serious game” (Photo: Yachz)
He was born and raised in a troubled neighborhood in the transit of the 1950s. This was probably the reason why his parents forced him to go to a boarding school, the school for naval officers in Acre. From there he went on to long military service in the Navy. By the age of 20 he had already become a father. Three of his four children have repented over the years. “After military service, I also provided a lot in the private business world,” he says. “I am always looking for the next special thing. I have always been perceived as a bulldozer, a revolutionary who does not leave stone upon stone. With special abilities and the courage to change even at the cost of risk, a projector plans and leads complex programs in government ministries and the private sector. I am not afraid of the difficulty of change and especially do not go in the familiar and known groove. I demand a very high level of execution based on personal example and motivation for action, which has measurable achievements and outputs. ”
Why did you write your book “Learning as a Serious Game”?
“I realized very quickly that it is not enough to present a snapshot of the identity of the global technological world, and there is an urgent need to answer the question: ‘So how do you do it?’, How the desired change is produced, and who will be responsible for leading it. I found it appropriate to write a supplementary book, a book of instruction and training for professionals – personal and group coaches, group facilitators, psychologists, counselors, educators and parents wherever they are, in any position, anywhere in the world and in any language and religion.
So how do you do that?
“It all starts and ends with education – the education system today is outdated and not adapted to the needs of the 21st century. The school does not prepare its graduates for life and the new world of employment. Do not encourage our children to dream on the wings of the imagination and ask substantive questions. Do not connect the study to what the child likes and what will motivate him to enthusiasm and curiosity. And of course they are not taught the skills, competencies and abilities required in a changing and dynamic age. The education system is failing. She does not go up a grade. It focuses on grades rather than the ability to learn independently, enrichingly and experientially. Learners achieve good results when taught how to learn and not what to learn. In the past, learning was done only in school and in the classroom. Today learning must take place everywhere and in all areas of life. “The education system is not capable of preparing our children for future jobs that have not yet been created, for technology that has not yet been invented, and for thinking and solving problems that no one foresaw.”
How do you make a change?
“The most important message in the book is that in a reality where the education system does not deliver the goods, the responsibility must be transferred to the parents to save their children from an education system with barriers and limitations, like a long and exhausting school day, A system of hours laden with boring and irrelevant information for life and career development, lack of freedom of thought, blind obedience and frustrated and resentful teachers due to dismal wages. “Robots, smart machines and artificial intelligence are constantly evolving and upgrading, and on the other hand, no one is preparing our children and us for ever-changing employment.”
WhatsApp incorporates a directory to find nearby businesses and to be able to write to them
Samsung Electronics will bring innovative projects from C.Lab startups to CES 2022
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OMD Looks Forward and Back
A Conversation with Andy McCluskey
August 13, 2020 by Traci Turner
If you are still in shock by my last article about The Cure celebrating 40 years as a band… sit down.
The very foundation of synth-pop music, Orchestral Manoeuvres in the Dark (OMD), also hit the 40-year milestone! (I understand this can be hard to comprehend since 1990 was like, ten years ago, right?) Fortunately, the English band aged with maturity, yet kept the electric sound that made them stand out.
After spending two years touring and celebrating the 40th anniversary of their inception, OMD had to stop when the pandemic hit. Andy McCluskey was nice enough to chat with me about what he has been doing since he was “forced in boredom.” (Spoiler: new music is in our future!)
OMD played a staggering 75 shows just before the world shut down. Like many of us, they got to relax a bit and enjoy the spring weather. But as summer arrived and being home got boring, McCluskey was “forced into creativity.”
While they were on the road, he found it hard to write, “The muse was not upon me,” he told me. “It can be difficult to find energy and desire to mine yourself to write new music.” While many bands do the cycle of new album, tour, new album, tour, OMD will only release music they believe in. A new album should “say what you want to say,” and not just be something to go on tour with. With the shutdown, he has the time to create music worthy of the OMD name.
Childhood friends, co-founders Andy McCluskey and Paul Humphreys played together in various bands before they created OMD. With McCluskey on vocals and bass, and Paul Humphreys handling keyboards and additional vocals, the duo released their debut single “Electricity” in 1979. They landed gigs opening for Joy Division and then Gary Numan and went right to work on their 1980 self-titled debut album.
Not slowing down, OMD put out their second album in the same year. “Organisation” included the massive hit “Enola Gay,” and the arrival of drummer Malcolm Holmes.
Martin Cooper, who had helped in various positions on previous recordings, was also added to the band.
OMD began to get press attention and picked up “Best New Artist” labels from multiple music magazines.
With their third album, “Architecture & Morality,” OMD solidified their place in music history. The single “Souvenir” was the first of three top five charting songs from the album (“Joan of Arc” and “Maid of Orleans” being the other two).
Deciding to go deeper in their musical experimentation, OMD put together “Dazzle Ships” in 1983. As often happens when a band does not recreate the same type of sound to follow up a successful album, it was not welcomed with open arms.
Although “Telegraph” and”Radio Waves” did well with the faithful and continue to be fan favorites.
In 2008, a deluxe edition was released to a more accepting audience, and McCluskey told The Guardian, “The album that almost completely killed our career seems to have become a work of dysfunctional genius. The reality is that it’s taken Paul [Humphreys] 25 years to forgive me for ‘Dazzle Ships.’ But some people always hold it up as what we were all about, why they thought we were great.”
But back in 1983, the criticism of “Dazzle Ships” led the band to a more pop, mainstream direction. “Junk Culture” produced the verse-chorus style of songs they had avoided in the past, and gave us the hit “Locomotion.”
The song may not have been critically acclaimed, but the faithful and new OMD fans fell in love with it.
The next album, “Crush,” included the track “So In Love,” and OMD was now established in the US.
“Secret” and “La Femme Accident” were also hits, and the band released “Crush – the Movie” to give fans a glimpse into their creative process of the album.
Whenever we reflect on events of the ‘80s, one of the most popular examples of the time is John Hughes movies. “Sixteen Candles,” “Weird Science,” and “The Breakfast Club” are required viewing for every generation.
“I touch you once, I touch you twice, I won’t let go at any price. I need you now like I needed you then… you always said we’d still be friends someday.”
OMD is included in this legacy with their involvement in “Pretty in Pink.” Originally it was to be “Goddess of Love” as the final song, but Hughes changed the ending after it tested poorly.
With the band leaving for a tour in two days, Hughes requested a different song. In just 24 hours, OMD wrote and recorded “If You Leave.” The song that took them a day to create, landed them high on the charts in multiple countries, and made them part of history.
With so many successful singles in their catalog, OMD released “The Best of OMD” in 1988. (I must confess I played this to death! “Electricity,” “Enola Gay,” Tesla Girls,” “Locomotion,” “So In Love,” are all part of the soundtrack to my high school memories!) Riding the high of the best of compilation, and the popular new single “Dreaming,” OMD was involved in another piece of history: Depeche Mode’s “Music for the Masses” tour. As part of the North American dates, OMD played at the closing concert which hosted 90,000 fans at the Pasadena Rose Bowl.
(No, Traci, don’t do it. Don’t tell me there’s a band break up like every other article you write!)
Sadly, co-founder Paul Humphreys was done. Such situations are never about one thing, and reasons given have been the ongoing debt to the record company, distribution of duties, boredom, different opinions on music, etc. Thankfully, no one tried to murder the other person or some other tragic situation they could not come back from.
With Andy McCluskey as the only original member, OMD would still release music. Dance pop album “Sugar Tax” hit in 1991 which included somewhat succesful songs in “Pandora’s Box” and “Sailing ton the Seven Seas.” Next up were the albums “Liberator” and “Universal.” But, the unfortunate part of being a band so long is that the music doesn’t always stay with you. The dance pop synth sound had been replaced by the arrival of grunge. McCluskey retired the OMD name and began writing songs for Atomic Kitten and Genie Queen.
Fortunately, the OMD founders made their way back together and rediscovered their desire to create new music. With Cooper and Holmes joining them, quartet began touring again in 2006 and released “History of Modern” followed by a return to their musical roots with “English Electric.”
In a rite of passage for capturing the newest generation, OMD performed at Coachella in 2013 and honestly, seeing McCluskey dancing while playing guitar and having a blast during “Enola Gay” gives me life.
The remainder of the ‘10s was filled with sold out shows, the release of the “The Punishment of Luxury” disc (“We remain very proud of ‘Punishment,’ said McCluskey), and the book, “Pretending to See the Future,” which combined the band members’ memories and fan-submitted stories. There was also the departure of Malcolm Holmes, and Stuart Kershaw’s return – which forms the current line-up.
As 2019 arrived, the band officially celebrated 40 years as Orchestral Manoeuvres in the Dark with an anniversary tour, a deluxe box set, and a new greatest hits collection.
“Souvenir” contains five CDs and two DVDs in a 10-inch box set, with a hardcover book, poster, and 10-inch prints. From “Electricity” to their new song, “Don’t Go,” unreleased songs, and live shows, the audio discs have everything you need. The DVDs include television performances, live shows, and “Crush – the Movie” and in my professional shopper opinion, it is incredibly well priced for all that it includes.
The new greatest hits collections were released on two CDs or three vinyl records and include the new track “Don’t Go” – which is a fabulous song and sounds like classic OMD – as well as their best singles. When I asked about the return of vinyl, McCluskey said it sounds “so rich and deep” that he understands its popularity and enjoys it himself.
Link to Shop
For 2020, the guys were going to return to Royal Albert Hall, and tour with Simple Minds, but as we all know, events had to be postponed. Look for those shows in 2021 and 2022…but even better, OMD is planning a headlining tour in the US in 2021. (I swear if this virus stuff prevents their tour I WILL BURN COVID TO THE GROUND!) For now, you can enjoy OMD – Live From Your Sofa.
The ability to stream live shows and stay in contact with fans online has obviously grown since OMD began. I asked McCluskey what other technology he enjoys now. “Making a record on the computer and being able to constantly update it, as opposed to the old demo days where ‘demo-itis’ set in,” he chuckled.
The technology they take on the road also allows them to keep their sound reliable, which is why they have an amazing reputation for live shows.
Fun fact: technology failed me as I spoke to McCluskey, but he couldn’t have been nicer. He may have hung up thinking I was a moron, but he did not let on while talking to me.
What about that new music? Yes, McCluskey says it exists and is on the horizon to be released. Being stuck at home may very well be a benefit to us if we receive new OMD. He also reminded me this year is the 40th anniversary of “Enola Gay” and next year is the 40th for “Architecture & Morality,” so we can expect some more goodies soon.
Andy McCluskey and Paul Humphreys have been called musical innovators and the “Lennon and McCartney of synth-pop.” Despite McCluskey once saying OMD had become “the forgotten band,” their influence remains in the new technology and the resurgence of synth music. Plus there is that little fact that OMD has sold more than 40 million records.
It is said the imitation is the sincerest form of flattery. That’s the thing about OMD, they are loved by fans, artist and everyone on the planet. Countless bands have covered their music. Their catalog of life defining songs is immense. Fans love to hear all those great songs and a few others. Songs like “Tesla Girls,” “(Forever) Live and Die,” “Dreaming,” “Talking Loud and Clear,” “Messages” and “We Love You” just to name a few. The list goes on and on and on.
Since 40 is such a great number for OMD, here’s to another 40 years of amazing music!
FOR MORE INFORMATION ON OMD
SID 200808 | JIMMY ALVAREZ, EDITOR
OMD WILL BE BACK
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From 2012 to 2019, Rapes up by 74% , child rapes rise by 645% in Odisha!
Bhubaneswar: Alarming times for the girl child in Odisha! In a span of only 7 years, the rapes of minors have clocked an eye-popping 645 per cent. The statistics look ominous. Now, minor rapes in Odisha constitute a whopping over 50 per cent of total rapes vis-a-vis mere 13 per cent in 2012. Replying to […]
Sanjeev Kumar Patro
Published: Monday, 25 November 2019
Last updated: 25 November 2019, 05:48 PM IST
Bhubaneswar: Alarming times for the girl child in Odisha! In a span of only 7 years, the rapes of minors have clocked an eye-popping 645 per cent. The statistics look ominous. Now, minor rapes in Odisha constitute a whopping over 50 per cent of total rapes vis-a-vis mere 13 per cent in 2012.
Replying to a query on women safety, MoS Divyashankar Mishra has reeled out such gory statistics. And as per the data, in the first six months (Jan - Jun) of the current calendar year, Odisha has seen registration of 1,149 rape cases. The minor rapes constituted a massive 604 cases or 52 per cent of the total rapes.
The statement further reveals that total number of minor rapes in 2018 were a high of 57 per cent of the total. And as per NCRB 2017 report, minor rapes in Odisha constituted a massive 62 per cent of the total rapes.
In contrast, NCRB data shows, total minor rapes in the year 2012 was a mere 13 per cent of total rape victims. By the year 2015, the number of rape victims below 18 years constituted a whopping 47 per cent of total rape victims in Odisha.
When rapes overall in State showed a rise of around 74 per cent during 2012 – 2018, rapes of girl child shows an elephantine growth of a shocking 645 per cent during the same period.
When child rapes in Odisha didn’t follow the urban-rural divide, is the lack of faster trial and poor conviction of perpetrators proving the major factor behind the high spurt? Statistics speak so.
As per data with State Home Department, the number of cases pending in 2012 was 543. It had grown to over 1,500 in 2015 and the number of rape cases pending for trial stood at over 3000.
Moreover, as per the information provided by MoS Mishra in State Assembly, in year 2018, when only 197 were convicted, 876 got acquitted. The conviction rate is mere 18 per cent. Interestingly, the conviction rate was 23 per cent in 2012.
So, when 82 per cent get acquittals, there is a little chance of the sexual offence cases in the State would ever post a dip.
The bottom line is for powers that be, it's high time to review the current approach. And significantly, when CM Naveen Patnaik recently in State Assembly has made an impassioned plea not to politicise crimes against women, the onus lies with the State government to revamp the state apparatus that deals with the entire gamut of woman safety.
'Center Panel Top'
Child Rapes In Odisha
Minister Of State Dibyashankar Mishra
Naveen Patnaik
NCRB
Rapes In Odisha
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[Episode 231] How to Get Away With a Podcast – S6E12, “Let’s Hurt Him”
April 20, 2020 ohitsapodcast
Oh, It’s a Podcast presents…How to Get Away With a Podcast. A special guest joins us to try and figure out what’s going on with the show these days.
https://archive.org/download/how-to-get-away-with-a-podcast-s-6-e-12/How%20to%20Get%20Away%20With%20a%20Podcast%20S6E12.mp3
If you’re picking up what we’re putting down and would also like to pick it up in 280 characters or less follow Oh, It’s a Podcast on Twitter at (you guessed it) @ohitsapodcast!
For easier access to the real deal, be sure to subscribe to Oh, It’s a Podcast on iTunes!
https://itunes.apple.com/us/podcast/oh-its-a-podcast/id1019902714?mt=2
http://www.facebook.com/ohitsapodcast is also a thing.
How to Get Away with a Podcast, PodcastsEpisode 12, How To Get Away With Murder, Let's Hurt Him, Season 6
Previous Article [Episode 230] How to Get Away With a Podcast – S6E10, “We’re Not Getting Away With It”
Next Article [Episode 232] How to Get Away With a Podcast – S6E13, “What If Sam Wasn’t The Bad Guy This Whole Time?”
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Paleogeographic reconstruction and origin of the Philippine Sea
Tetsuzo Seno, Shigenori Maruyama
Our reconstruction of the Philippine Sea suggests that it formed by two distinct episodes of back-arc spreading, each of which resulted from seaward retreat of the trench. In the first episode, the protoIzu-Bonin Trench retreated northward and the West Philippine Basin formed behind the northern half of the Palau-Kyushu Ridge. In the second episode, the Izu-Mariana Trench retreated eastward and the Shikoku and Parece Vela Basins formed behind it. During the last 17 Ma, the Philippine Sea basin has been moving northwestward with respect to Eurasia shifting the TTT triple junction off central Japan westward by about 50 km. The motion of the Philippine Sea with respect to Eurasia at the triple junction changed from north-northwestward to west-northwestward 10-5 Ma ago. For the period before 17 Ma ago, we construct two models, retreating trench model and anchored slab model. The Izu-Bonin Trench migrated from south to northeast rotating in a clock-wise sense since 48 Ma ago in the retreating trench model. In the anchored slab model, the trench has been fixed with respect to Eurasian margin since 43 Ma ago. We prefer the retreating trench model because the deformation of the plate boundary along the eastern margin of Eurasia during 30-17 Ma ago is much simpler for this model than for the anchored slab model. Furthermore rotations of the Bonin-Mariana islands are consistent with those predicted from the retreating trench model. The 48 Ma ages of the northern part of the Palau-Kyushu Ridge and of Chichi-Jima of the Bonin Islands indicate that there was subduction beneath the northern half of the ridge beginning at least 48 Ma ago. From this and the subparallelism in trend between the northern part of the Palau-Kyushu Ridge and the Central Basin Ridge, we propose that the major part of the West Philippine Basin formed by back-arc spreading in a N-S direction behind the northern part of the Palau-Kyushu Ridge. The Pacific plate was moving northward with respect to hot-spots from 48 to 43 Ma ago, which implies that the Pacific plate is not likely to have been subducting beneath the West Philippine Basin during this time. We speculate that another plate existed south of the Pacific plate and thai it was subducting beneath both tile West Philippine Basin and Australia. The annihilation of this plate might he a cause for the sudden change of the Pacific plate motion at 43 Ma ago.
Tectonophysics
Dive into the research topics of 'Paleogeographic reconstruction and origin of the Philippine Sea'. Together they form a unique fingerprint.
Philippines Physics & Astronomy 100%
ridges Physics & Astronomy 37%
sea Earth & Environmental Sciences 30%
Pacific plate Earth & Environmental Sciences 28%
basin Earth & Environmental Sciences 21%
slab Earth & Environmental Sciences 16%
margins Physics & Astronomy 13%
Seno, T., & Maruyama, S. (1984). Paleogeographic reconstruction and origin of the Philippine Sea. Tectonophysics, 102(1-4), 53-84. https://doi.org/10.1016/0040-1951(84)90008-8
Paleogeographic reconstruction and origin of the Philippine Sea. / Seno, Tetsuzo; Maruyama, Shigenori.
In: Tectonophysics, Vol. 102, No. 1-4, 20.02.1984, p. 53-84.
Seno, T & Maruyama, S 1984, 'Paleogeographic reconstruction and origin of the Philippine Sea', Tectonophysics, vol. 102, no. 1-4, pp. 53-84. https://doi.org/10.1016/0040-1951(84)90008-8
Seno T, Maruyama S. Paleogeographic reconstruction and origin of the Philippine Sea. Tectonophysics. 1984 Feb 20;102(1-4):53-84. https://doi.org/10.1016/0040-1951(84)90008-8
Seno, Tetsuzo ; Maruyama, Shigenori. / Paleogeographic reconstruction and origin of the Philippine Sea. In: Tectonophysics. 1984 ; Vol. 102, No. 1-4. pp. 53-84.
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T1 - Paleogeographic reconstruction and origin of the Philippine Sea
AU - Seno, Tetsuzo
AU - Maruyama, Shigenori
N2 - Our reconstruction of the Philippine Sea suggests that it formed by two distinct episodes of back-arc spreading, each of which resulted from seaward retreat of the trench. In the first episode, the protoIzu-Bonin Trench retreated northward and the West Philippine Basin formed behind the northern half of the Palau-Kyushu Ridge. In the second episode, the Izu-Mariana Trench retreated eastward and the Shikoku and Parece Vela Basins formed behind it. During the last 17 Ma, the Philippine Sea basin has been moving northwestward with respect to Eurasia shifting the TTT triple junction off central Japan westward by about 50 km. The motion of the Philippine Sea with respect to Eurasia at the triple junction changed from north-northwestward to west-northwestward 10-5 Ma ago. For the period before 17 Ma ago, we construct two models, retreating trench model and anchored slab model. The Izu-Bonin Trench migrated from south to northeast rotating in a clock-wise sense since 48 Ma ago in the retreating trench model. In the anchored slab model, the trench has been fixed with respect to Eurasian margin since 43 Ma ago. We prefer the retreating trench model because the deformation of the plate boundary along the eastern margin of Eurasia during 30-17 Ma ago is much simpler for this model than for the anchored slab model. Furthermore rotations of the Bonin-Mariana islands are consistent with those predicted from the retreating trench model. The 48 Ma ages of the northern part of the Palau-Kyushu Ridge and of Chichi-Jima of the Bonin Islands indicate that there was subduction beneath the northern half of the ridge beginning at least 48 Ma ago. From this and the subparallelism in trend between the northern part of the Palau-Kyushu Ridge and the Central Basin Ridge, we propose that the major part of the West Philippine Basin formed by back-arc spreading in a N-S direction behind the northern part of the Palau-Kyushu Ridge. The Pacific plate was moving northward with respect to hot-spots from 48 to 43 Ma ago, which implies that the Pacific plate is not likely to have been subducting beneath the West Philippine Basin during this time. We speculate that another plate existed south of the Pacific plate and thai it was subducting beneath both tile West Philippine Basin and Australia. The annihilation of this plate might he a cause for the sudden change of the Pacific plate motion at 43 Ma ago.
AB - Our reconstruction of the Philippine Sea suggests that it formed by two distinct episodes of back-arc spreading, each of which resulted from seaward retreat of the trench. In the first episode, the protoIzu-Bonin Trench retreated northward and the West Philippine Basin formed behind the northern half of the Palau-Kyushu Ridge. In the second episode, the Izu-Mariana Trench retreated eastward and the Shikoku and Parece Vela Basins formed behind it. During the last 17 Ma, the Philippine Sea basin has been moving northwestward with respect to Eurasia shifting the TTT triple junction off central Japan westward by about 50 km. The motion of the Philippine Sea with respect to Eurasia at the triple junction changed from north-northwestward to west-northwestward 10-5 Ma ago. For the period before 17 Ma ago, we construct two models, retreating trench model and anchored slab model. The Izu-Bonin Trench migrated from south to northeast rotating in a clock-wise sense since 48 Ma ago in the retreating trench model. In the anchored slab model, the trench has been fixed with respect to Eurasian margin since 43 Ma ago. We prefer the retreating trench model because the deformation of the plate boundary along the eastern margin of Eurasia during 30-17 Ma ago is much simpler for this model than for the anchored slab model. Furthermore rotations of the Bonin-Mariana islands are consistent with those predicted from the retreating trench model. The 48 Ma ages of the northern part of the Palau-Kyushu Ridge and of Chichi-Jima of the Bonin Islands indicate that there was subduction beneath the northern half of the ridge beginning at least 48 Ma ago. From this and the subparallelism in trend between the northern part of the Palau-Kyushu Ridge and the Central Basin Ridge, we propose that the major part of the West Philippine Basin formed by back-arc spreading in a N-S direction behind the northern part of the Palau-Kyushu Ridge. The Pacific plate was moving northward with respect to hot-spots from 48 to 43 Ma ago, which implies that the Pacific plate is not likely to have been subducting beneath the West Philippine Basin during this time. We speculate that another plate existed south of the Pacific plate and thai it was subducting beneath both tile West Philippine Basin and Australia. The annihilation of this plate might he a cause for the sudden change of the Pacific plate motion at 43 Ma ago.
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WATCHORN CARLENE
Carlene J. Watchorn, age 93 of Yankton, SD passed away peacefully Friday, November 12, 2021, at Sister James Care Center, Yankton, SD. Funeral services will be 2:00 PM, Wednesday, November 17, 2021, at the Opsahl-Kostel Funeral Chapel, Yankton, SD with Rev. Katie Rickie officiating. Burial will be in the Garden of Memories, Yankton, SD. Visitation will be 5 to 7 PM, Tuesday, November 16, 2021, at the Opsahl-Kostel Funeral Home & Crematory, Yankton, SD with a Scripture service at 7:00 PM. Visitations will resume one hour prior to the service. Live streaming of Carlene’s service can be found at: https://www.facebook.com/opsahlkostel/live. Online condolences may be sent at: www.opsahl-kostelfuneralhome.com.
Carlene was born on August 21, 1928 in Wakefield, Nebraska to Carl and Josie (Hansing) Miller. When she was five years old her family moved to Norfolk, Nebraska where she graduated from Norfolk High School. She attended Norfolk Junior College for two years. Her first teaching position was teaching first grade in Fremont, Nebraska. While living and teaching in Fremont she continued her education at Midlands College. After teaching in Fremont for two years she moved back to Norfolk. While waiting for her fiancée, Arlo Watchorn, to return home from the Korean War she continued teaching at Randolph, Nebraska. They were married on May 25, 1952.
During their marriage they lived in several cities. In Fort Morgan, Colorado they owned and operated a Zesto. They then moved to Concordia, Kansas where they owned and operated an A&W. Prior to moving to Yankton in 1969, they lived in Omaha, Nebraska and Kearney, Nebraska. Carlene worked for 18 years as a tutor for the Yankton School District primarily at Webster and Beadle elementary schools.
Music was an important part of Carlene’s life. She had a beautiful soprano voice and sang solos, in quartets and in choirs throughout her life. She also played the piano and organ.
Carlene was a lifelong member of the Methodist Church. In addition to singing in choir, she was active in United Methodist Women, ushering and greeting, and assisting with many different projects. She was also a member of P.E.O., having served in several offices including president.
Carlene loved to travel. She and Arlo traveled extensively throughout the United States and Canada, as well as Europe and the United Kingdom.
Family was very important to Carlene. She enjoyed all family gatherings and especially time with her grandchildren and great-grandchildren. She was an avid baker and always had bars and cookies available for all who visited.
Carlene is survived by her husband, Arlo Watchorn; daughter Lori (Frank) Thomas, Aledo, Texas; daughter Jenae (Terry) Norton, Yankton; son Alan (Linda) Watchorn, Highlands Ranch, Colorado; three grandchildren: Allison Thomas, Nathan (Janelle) Norton, Joshua Norton; two great grandchildren Natalie and Nathan Norton.
She was preceded in death by her parents, her infant brother (Virgil), her infant son, (Kenneth), and brother-in-law Ed Gnirk.
Visitation is from 5:00 to 7:00 pm on Tuesday, November 16, 2021 at the Opsahl-Kostel Funeral Home followed by a Scripture Service at 7:00 pm. Funeral service will be on Wednesday, November 17, 2021 at 2:00 pm at the Opsahl-Kostel Funeral Home followed by burial at Garden of Memories.
Memorials may be directed to the Alzheimer’s Association 4304 S. Technology Dr., Sioux Falls, SD 57106.
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Pregnant Ciara Reveals She’s Struggling With Morning Sickness
Source: INSTARImages
By:Dayna Haffenden
Feb. 17 2020, Updated 7:59 p.m. ET
On Monday, February 17, Ciara revealed that she’s experiencing morning sickness. Last month, the "Goodies" singer confirmed that she is expecting her third child.
On Twitter, Ciara, 34, confessed that she is doing her best to push past her pregnancy symptom. “Fudge this morning sickness. We’re stepping out,” she wrote alongside a video of her walking in a yellow silk pants suit. She paired the look with a black top and sunglasses.
Since announcing that she is expecting another bundle of joy with husband, Russell Wilson, Ciara has faced a few bumps along the road. Earlier this month, Ciara shared a video of the Seattle Seahawks quarterback, 31, helping her out of her dress. She explained that Russell sliced her gown open after a Tom Ford fashion show. “Right now, my honey is cutting me out of this dress," the soon-to-be mother of three said in the clip. "You cannot damage this dress, baby," she said lovingly to her husband. “I’ll buy you a new one," the NFL player replied.
After tying the knot in July 2016, the couple welcomed their daughter, Sienna, one year later. Russell is also a stepfather to Ciara’s son, Future Zahir, who she shares with ex-fiancé, Future.
During a conversation with E! News around the same time, Ciara spoke candidly about her challenges while pregnant with her now 2-year-old.
"I’m finally getting to a place where I feel almost normal. It was a bit of a 'I don't want to throw up, but I don't feel regular.' That's almost worse. You'd rather just throw up and get it done!" Ciara explained. She also pointed out that drinking water with lemon helped to relieve her upset stomach. "I really like water with lemon," she said at the time. "Water with lemon has been my thing."
Earlier this month, Russell spoke to Us Weekly about becoming a father for the second time. “It’s really exciting. We’re really fired up about having a third baby. We hoped that we were having a new baby. It’s a blessing for sure," he said.
What do you think about Ciara speaking so openly about her pregnancy struggles? Share your thoughts in the comments below!
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Office of Mental Health
About OMH
Consumers & Families
Behavioral Health Providers
Kendra's Law: Final Report on the Status of Assisted Outpatient Treatment
Keith J. Brennan, Esq., Assistant Counsel
New York State Office of Mental Health
On January 3, 1999, an event occurred which galvanized the mental health community, and served as a catalyst for an effort to identify and address the needs of the small population of persons who respond well to treatment when hospitalized, but who have trouble maintaining their recovery once back in the community. On that date, Andrew Goldstein, a man with a history of mental illness and hospitalizations, pushed Kendra Webdale onto the subway tracks in a tunnel beneath the streets of Manhattan. Ms. Webdale lost her life as a result. What followed was a bi-partisan effort, led by Governor George Pataki, to create a resource delivery system for this population, who, in view of their treatment history and present circumstances, are likely to have difficulty living safely in the community.1
On August 9, 1999, Governor Pataki signed Kendra’s Law, creating a statutory framework for court-ordered assisted outpatient treatment (“AOT”), to ensure that individuals with mental illness, and a history of hospitalizations or violence, participate in community-based services appropriate to their needs.2 The law became effective in November of 1999. Since that time, 4,245 court orders have been issued for AOT statewide, together with 2,559 renewal orders.3 The majority of orders and renewals have been issued in New York City.
The statute creates a petition process, found in Mental Hygiene Law (“M.H.L.”) section 9.60, designed to identify those persons who may not be able to survive safely in the community without greater supervision and assistance than historically has been available. A description of many aspects of the petition process follows, and is in turn followed by a review of some of the more important court decisions concerning Kendra’s Law.
Filing the Petition
Kendra’s Law establishes a procedure for obtaining court orders for certain patients to receive and accept outpatient treatment.4 The prescribed treatment is set forth in a written treatment plan prepared by a physician who has examined the individual.5 The procedure involves a hearing in which all the evidence, including testimony from the examining physician, and, if desired, from the person alleged to need treatment, is presented to the court.6 If the court determines that the individual meets the criteria for assisted outpatient treatment (“AOT”), an order is issued to either the director of a hospital licensed or operated by the Office of Mental Health (“OMH”), or a director of community services who oversees the mental health program of a locality (i.e., the county or the City of New York mental health director). The initial order is effective for up to six months7 and can be extended for successive periods of up to one year.8 Kendra’s Law also provides a procedure for the removal of a patient subject to a court order to a hospital for evaluation and observation, in cases where the patient fails to comply with the ordered treatment and poses a risk of harm.9
The process for issuance of AOT orders begins with the filing of a petition in the supreme or county court where the person alleged to be mentally ill and in need of AOT is present (or is believed to be present). The following may act as petitioners:
any person eighteen years of age or older with whom the subject of the petition resides; or
the parent, spouse, sibling eighteen years of age or older, or child eighteen years of age or older of the subject of the petition; or
the director of a hospital in which the subject of the petition is hospitalized; or
the director of any public or charitable organization, agency or home providing mental health services to the subject of the petition in whose institution the subject of the petition resides; or
a qualified psychiatrist who is either supervising the treatment of or treating the subject of the petition for a mental illness; or
the director of community services, or his or her designee, or the social services official, as defined in the social services law, of the city or county in which the subject of the petition is present or reasonably believed to be present; or
a parole officer or probation officer assigned to supervise the subject of the petition.10
The petition must include the sworn statement of a physician who has examined the person within ten days of the filing of the petition, attesting to the need for AOT.11 In the alternative, the affidavit may state that unsuccessful attempts were made in the past ten days to obtain the consent of the person for an examination, and that the physician believes AOT is warranted. In the latter case, if the court finds reasonable cause to believe the allegations in the petition are true, the court may request that the patient submit to an examination by a physician appointed by the court, and ultimately may order peace officers or police officers to take the person into custody for transport to a hospital for examination by a physician. Any such retention shall not exceed twenty-four hours.12
The petitioner must establish by clear and convincing evidence that the subject of the petition meets all of the following criteria:
He or she is at least 18 years old; and
is suffering from a mental illness; and
is unlikely to survive safely in the community without supervision; and
has a history of lack of compliance with treatment for mental illness that has:
at least twice within the last 36 months been a significant factor in necessitating hospitalization or receipt of services in a forensic or other mental health unit in a correctional facility or local correctional facility (not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition), or
resulted in one or more acts of serious violent behavior toward self or others, or threats of or attempts at serious physical harm to self or others within the last 48 months (not including any period in which the person was hospitalized or incarcerated immediately preceding the filing of the petition); and
is, as a result of his or her mental illness, unlikely to voluntarily participate in the recommended treatment pursuant to the treatment plan; and
in view of his or her treatment history and current behavior, the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to self or others; and
it is likely that the person will benefit from assisted outpatient treatment; and
if the person has executed a health care proxy, any directions included in such proxy shall be taken into account by the court in determining the written treatment plan.13
In addition, a court may not issue an AOT order unless it finds that assisted outpatient treatment is the least restrictive alternative available for the person.14
Notice of the petition must be served on a number of people or entities, including the person, his or her nearest relative, the AOT Program Coorinator, and the Mental Hygiene Legal Service (“MHLS”), among others.15 The court is required to set a hearing date that is no more than three days after receipt of the petition, although adjournments can be granted for good cause.16
If the court finds by clear and convincing evidence that the subject of the petition meets each of the criteria and a written treatment plan has been filed, the court may order the subject to receive assisted outpatient treatment. The order must specifically state findings that the proposed treatment is the least restrictive treatment that is appropriate and feasible, must include case management or Assertive Community Team services and must state the other categories of treatment required. The court may not order treatment which is not recommended by the examining physician and included in the treatment plan.17 Appeals of AOT orders are taken in the same manner as specified in M.H.L. section 9.35 relating to retention orders.18
If in the clinical judgment of a physician the assisted outpatient has failed or refused to comply with the treatment ordered by the court, efforts must be made to achieve compliance. If these efforts fail, and the patient may be in need of involuntary admission to a hospital, the physician may request the director of community services, his designee, or other physician designated under section 9.37 of the M.H.L. to arrange for the transport of the patient to a hospital. If requested, peace officers, police officers or members of an approved mobile crisis outreach team must take the patient into custody for transport to the hospital. An ambulance service may also be used to transport the patient. The patient may be held for up to 72 hours for care, observation and treatment and to permit a physician to determine whether involuntary admission under the standards set forth in Article 9 of the M.H.L. is warranted.19 If, during the 72-hours a determination is made that the patient does not meet the standard for inpatient hospitalization, then the patient must be released immediately.
The legislation also provides for the exchange of clinical information pertaining to AOT patients. Kendra’s Law amends M.H.L. section 33.13, the confidentiality provision, to clarify that OMH licensed or operated facilities may share confidential patient information, when such sharing is necessary to facilitate AOT.20
Since the legislation became effective, New York courts have addressed a number of issues related to the statute, and have rendered decisions regarding the constitutionality of the statute, as well as decisions construing statutory provisions concerning the criteria for AOT orders, and the evidentiary standard under the statute.
Constitutional Challenges
Kendra’a Law was signed into law by Governor George Pataki on August 9, 1999, and became effective on November 8, 1999. Even before the law was implemented, there emerged a focused debate concerning the issue of whether the law achieved its goal of creating a mechanism to insure that individuals who met the statutory criteria remained treatment compliant while in the community, in a way that was consistent with the Constitutional rights of those individuals.
On one side of the debate, proponents of the law recognized the numerous procedural aspects of the law which were included specifically to meet constitutional standards, many of which were deliberately modeled after other provisions of the Mental Hygiene Law, which themselves had survived prior judicial scrutiny and had been found to be constitutional. The supporters of the law argued that any compulsion occasioned by the law was justified by the law’s important objective of helping individuals with a history of treatment non-compliance resulting in violent acts and/or repeated hospitalization, to live safely in the community.
On the other side of the debate, opponents of the law primarily relied upon prior judicial decisions which found that forcible medication over objection required a finding of incapacity. The opponents of the law read into these decisions a much broader proscription of any measures which might influence an individual’s decision to comply with treatment, even when those measures fall far short of forcible medication over objection.
This theoretical debate would not be resolved without judicial intervention and inevitably found its way into the courts.
In In re Urcuyo,21 the first court challenge to the constitutionality of Kendra’s Law, the Mental Hygiene Legal Service (“MHLS”) moved for dismissals on behalf of two respondents to Kendra’s Law petitions in Supreme Court, Kings County. Respondents argued that Kendra’s Law violated the due process and equal protection guarantees of the New York State and the United States Constitutions because the statute did not require a judicial finding of incapacity prior to the issuance of an order requiring the respondent to comply with the AOT treatment plan. The court rejected all of respondents’ arguments, and held that the statute was in each respect constitutional.
The challenge was based largely upon the Court of Appeals decision in Rivers v. Katz.22 The Rivers court acknowledged that all patients have a fundamental right to determine the course of their own treatment, but also that there may be circumstances where it is necessary to administer treatment to a psychiatric inpatient over the patient’s objections, pursuant to either the State’s police power or parens patriae power. Rivers established a procedural due process standard for medication over objection, requiring a judicial finding that the patient lacks the capacity to make competent decisions concerning treatment. This is a judicial determination, not a clinical determination, and recognizes that there is a cognizable deprivation of liberty resulting from a decision to forcibly medicate a person who has been involuntarily committed.
Respondents in Urcuyo urged the court to equate the infringement of a patient’s liberty interest as a consequence of an AOT order with the Rivers situation, where a psychiatric inpatient is forcibly medicated against his or her will. Respondents pointed to the compulsive nature of court orders, and reasoned that the threat of removal for observation as a result of non-compliance is so akin to the forcible medication situation in Rivers, that identical due process safeguards are constitutionally required.23
The court answered by stating that AOT patients are not involuntary inpatients, and therefore are not even subject to medication over objection. There is no threat of medication over objection because there is no authorization in the statute for such measures, and that “[e]ven if a patient is eventually retained in a hospital after the seventy-two hour evaluation period [pursuant to 9.60(n)], he or she still cannot be forcibly medicated absent a judicial determination of incapacity or under emergency circumstances.24
With respect to respondents’ attempts to draw analogies between forcible administration of medication over objection, and the more remote possibility of clinical intervention in the event of non-compliance, the response was equally succinct:
This court rejects respondents’ argument that an assisted outpatient order, while not providing for the forcible administration of medication, unreasonably violates the patient’s right to refuse medication by threatening arrest upon non-compliance with the plan. . . . the court does not agree with respondents’ argument that a failure to take medication results in the summary arrest of the patient. Rather, the patient’s failure to comply with the treatment plan, whose formulation the patient had the opportunity to participate in, leads to the heightened scrutiny of physicians for a 72-hour evaluation period, but only after a physician has determined that the patient may be in need of involuntary admission to a hospital.25
Ultimately, the 72-hour observation period was held to be “a reasonable response to a patient’s failure to comply with treatment when it is balanced against the compelling State interests which are involved.26 Furthermore, the removal and 72-hour observation provisions of the statute were held to be in accord with earlier judicial constructions of the dangerousness standard embodied in the M.H.L. provisions concerning involuntary commitment.
One such precedent was Project Release v. Provost,27 which held that M.H.L. provisions authorizing involuntary observation periods of up to 72 hours satisfy constitutional due process standards. Reference was also made to prior decisions permitting clinicians, and courts, to consider a patient’s history of relapse or deterioration in the community, when weighing the appropriateness of an exercise of the police power or the parens patriae power. For example, Matter of Seltzer v. Hogue28 involved a civilly committed patient whose behavior improved in the hospital, but who would not comply with treatment, and whose condition would deteriorate in the community. The Hogue court considered evidence of the patient’s behavior in the community, and pattern of treatment failures, and ordered his continued retention under M.H.L. section 9.33. Relying on Hogue, the Urcuyo court held that it was appropriate to consider the patient’s behavior in the community, and any history of treatment failures, when making a determination regarding dangerousness in a proceeding pursuant to Kendra’s Law.29
Reviewing the specific criteria that must be shown by a petitioner, the high evidentiary standard requiring that those criteria be shown by clear and convincing evidence, and the prior judicial acceptance of other Mental Hygiene Law provisions which are analogous to the 72-hour observation provision of Kendra’s Law, the court found respondents’ constitutional due process rights are sufficiently protected.
Although the constitutional issues considered by the court were sufficiently significant that an appeal of the decision would appear to have been a certainty, the particular facts of the case resulted in a withdrawal of the petition prior to a final decision on the merits. Consequently the parties were deprived of standing to bring the court’s decision concerning the issue of the law’s constitutionality before the Appellate Division, and thus appellate review of the issue would have to wait for a more suitable case.
It did not take long for such a case to arise for in the wake of the decision in Matter of Urcuyo, the Supreme Court, Queens County, was presented with another constitutional challenge to Kendra’s Law. In Matter of K.L.,30 the MHLS moved for dismissal of a petition on behalf of respondent, arguing that the statute was unconstitutional on two grounds — that the statute unconstitutionally deprived patients of the fundamental right to determine their own course of treatment, and that the statutory provisions concerning removal for observation following non-compliance with the AOT order are facially unconstitutional. The Attorney General of the State of New York, in his statutory capacity under NY Exec. Law s. 71 intervened to support the constitutionality of the statute. In turn, an amici brief was submitted in support of the respondent’s constitutional challenge, representing a number of advocate groups.
The first challenge brought by the respondent in Matter of K.L. echoed the constitutional challenge in Matter of Urcuyo, and asked the court to equate AOT with the type and degree of deprivation of liberty implicated in Rivers, which involved the forcible medication of a psychiatric inpatient over the patient’s objection.31 Respondent argued that in those cases where the treatment plan included a medication component, the court could avoid finding the statute unconstitutional by construing it to require a judicial finding that the patient lacked the capacity to make reasoned decisions concerning his medical treatment. Respondent offered that the procedural safeguards developed in Rivers could be imported into the AOT procedure, and preserve the patient’s right to control his course of treatment.
Respondent’s characterization of Kendra’s Law orders as tantamount to medication over objection was rejected, and the Rivers facts distinguished from the AOT situation. Notably, Rivers reaffirmed the right of every individual to determine his or her own course of treatment, but also recognized that “this right is not absolute, and must perforce yield to compelling state interests when the state exercises its police power (as when it seeks to protect society), or its parens patriae power (to provide care for its citizens who are unable to care for themselves because of mental illness).32 The court then rejected the Rivers analogy:
However, there is a fundamental flaw in respondent’s position in this regard. Under Kendra’s Law, the patient is not required to take any drugs, or submit to any treatment against his will. To the contrary, the patient is invited to participate in the formation of the treatment plan. When released pursuant to an assisted outpatient treatment order, no drugs will be forced upon him if he fails to comply with the treatment plan.33
After dismissing the Rivers analogy, the court went on to analyze whether any deprivation of a patient’s liberty interests occasioned by a Kendra’s Law order was the result of the constitutional exercise of the State’s police or parens patriae powers. The court first noted that for the state to exercise the police power where an individual’s liberty interest may be infringed, a compelling state interest must be identified. The court found such a compelling state interest:
Certainly, the state has a compelling interest in preventing emergencies and protecting the public health. Thus the objective of Kendra’s Law, the outpatient treatment of the mentally ill who, without treatment, “may relapse or become suicidal,” may be viewed as a reasonable motive for the exercise of the state’s police power.34
The court noted that the statute requires that a history of non-compliance leading to repeated hospitalizations, or serious violent behavior toward the individual himself or others, and that a relapse in the individual’s illness would be likely to result in serious harm to the patient or others, and concluded that “[t]hese considerations are not trivial.35 Ultimately, the court found that these considerations demonstrated the appropriateness of the state’s exercise of its parens patriae powers as well.36
In light of exhaustive legislative findings, and “elaborate procedural safeguards to insure the protection of the patient’s rights,37 the court concluded:
Given that the purpose of Kendra’s Law is to protect both the mentally disabled individual and the greater interests of society, the statute is narrowly tailored to meet its objective. In view of the significant and compelling state interests involved, the statute is not overly broad, or in any way unrelated to, or excessive in light of those interests.38
Respondent’s second constitutional challenge was based upon the contention that, in order for the removal provision (M.H.L. section 9.60(n)) to pass constitutional muster, the patient must be afforded notice and an opportunity to be heard prior to any removal for observation. Or stated differently, “it is urged that only a court may order such confinement or detention, rather than a physician, as set forth in the statute.39 This argument was also rejected.
Contrary to respondent’s position that the statute permits summary arrest without any due process, for an AOT order to issue in the first instance there must have been a judicial finding, based on clear and convincing evidence, that in the event of a failure to comply with treatment, the patient will likely present a danger to himself or others. In addition to this prior judicial finding, failure to comply does not automatically result in the immediate confinement of the patient. In fact, the court went to great lengths to articulate the significant procedural requirements which must be met prior to any effort to remove the patient who has failed to comply with his treatment plan:
Before a physician may order [removal] of a patient to a hospital for examination, the following must take place:
The physician must be satisfied that efforts were made to solicit the patient’s compliance; and
In the clinical judgment of the physician, the patient (a) “may be in need of involuntary admission to a hospital pursuant to section 9.27 of the mental hygiene law;” or (b) “immediate observation, care and treatment of the patient may be necessary pursuant to Mental Hygiene Law sections 9.39 or 9.40.” Then,
The physician may request “the director,” or certain other specific person, to direct the removal of the patient to an appropriate hospital for examination, pursuant to specific standards.
The patient may be retained only for a maximum of 72 hours.
If at any time during the 72-hour period the patient is found not to meet the involuntary admission and retention provision of the Mental Hygiene Law, he must be released.40
With reference to other provisions of the Mental Hygiene Law which permit the involuntary removal of a person to a hospital, and which have all been constitutionally upheld,41 the court noted that the removal provisions in Kendra’s Law contemplate even greater procedural protections. For example, removal under Kendra’s Law requires a prior judicial finding that removal may be appropriate in the event of failure to comply.
Having had his constitutional challenge to Kendra’s Law denied by the supreme court in Queens County, and having had that court also grant the petition for assisted outpatient treatment as to him, the Respondent in Matter of K.L appealed the decision to the Appellate Division, Second Department. Although the order for assisted outpatient treatment had expired by the time the appeal was heard, the Second Department found that the issues raised justified invocation of an exception to the mootness doctrine.42 The Appellate court also rejected arguments by the Attorney General that Respondent lacked standing to challenge the removal provisions of the law, because he had failed to allege that he had actually been removed pursuant to that provision in violation of his constitutional rights.43
In an opinion notable for its succinctness, the Second Department also rejected the argument that the additional procedural due process created by Rivers v. Katz applicable to forcible medication over objection also preclude court-ordered assisted outpatient treatment such as is permitted by Kendra’s Law. In a unanimous opinion, the court held:
In contrast to Rivers, however, Kendra’s Law is based on a legislative finding that there are some mentally-ill persons who are “capable of living in the community with the help of family, friends and mental health professionals, but who, without routine care and treatment, may relapse and become violent or suicidal, or require hospitalization”. . . . Any compulsion that the patient feels to comply with the treatment plan is justified by the court’s finding, by clear and convincing evidence, that the patient needs AOT in order to prevent a relapse or deterioration which is likely to cause serious harm to the patient or others. (Under these circumstances, a judicial finding of incapacity is not warranted . . . .44
The Second Department then identified three separate challenges to the removal provision of Kendra’s Law. First, Respondent alleged that the removal provision failed to meet constitutional procedural due process standards, because it did not require a pre-removal judicial hearing. The court applied the test established by the U.S. Supreme Court in Mathews v. Eldridge,45 which requires the weighing of three factors: 1.) The private interest that will be affected, 2.) The risk of an erroneous deprivation through current procedures and probable value of substitute procedures, and 3.) The government’s interest, including the function involved and the burdens associated with any substitute procedures. Applying this test, the law was found to comport with constitutional due process standards:
Here, the brief detention of a noncompliant assisted outpatient for a psychiatric evaluation does not constitute a substantial deprivation of liberty, and the additional safeguard of a judicial hearing will not significantly reduce the possibility of an erroneous removal decision. Moreover, the government has a strong interest in avoiding time-consuming judicial hearings, which require mental health professionals to defend their clinical decisions and divert scarce resources from the diagnosis and treatment of the mentally ill . . . . Also, any detention beyond the initial 72 hours is governed by the statutory provisions for involuntary commitments, which contain sufficient notice and hearing provisions to meet “procedural due process minima” (Project Release v Prevost, 722 F.2d 960, 975).46
Respondent next challenged the removal provision by arguing that since CPL 330.20(14) provides criminal defendants who are found not guilty by reason of mental disease or defect with the right to a hearing before being recommitted to a secure psychiatric facility, that a person subject to a Kendra’s Law order is deprived of their equal protection rights because they do not have a similar right to a hearing. This position was quickly rejected, because the situation of an insanity acquittee is sufficiently distinct from that of an individual subject to civil commitment.47
Finally, the argument that removal pursuant to the statute violates the Fourth Amendment to the United States Constitution because it does not require a finding of probable cause was also rejected. The statute requires a physician to make several determinations based upon clinical judgment, mirroring the provisions of M.H.L. 9.13, which in turn contains a “reasonable grounds” standard:
Under these circumstances, a physician’s clinical judgment based on the statutory criteria is sufficient to justify the removal and detention of a noncompliant assisted outpatient for a 72-hour psychiatric evaluation.48
Respondent was unsatisfied with the Appellate Division’s rejection of his constitutional challenges, and made a final appeal to the New York State Court of Appeals. In February of 2004 in a unanimous opinion written by Chief Judge Judith Kaye, the highest court, like the trial court and the Appellate Division before it, rejected all of Respondent’s challenges and upheld the constitutionality of the statute in all respects.49
Once again, Respondent argued that the law could be saved if the court read into it the requirement that AOT was only permissible if there was a judicial determination that the subject lacked capacity to make treatment decisions. This argument has as its fundamental premise the notion that AOT is in fact a type of medication over objection, and equates the impact of AOT on the subject’s liberty interest with the infringement of liberty suffered by a psychiatric inpatient who is subject to forcible medication over objection. In other words, respondent argues that AOT is prohibited by Rivers v. Katz, in the absence of the additional procedural due process mandated by that case.
The Court of Appeals rejected this argument, acknowledging that limiting AOT to those who lacked capacity “would have the effect of eviscerating the legislation,” and that “a large number of patients potentially subject to assisted outpatient treatment would be ineligible for the program if a finding of incapacity were required.50 The very impetus for the law was the finding by the Legislature that many patients are capable of living safely in the community only with the benefit of the structure and supervision of AOT, and to require a finding of incapacity would in essence exclude most of the individuals the Legislature sought to assist.
The Court of Appeals quickly identified the critical flaw in Respondent’s reasoning - the failure to apprehend that the additional due process required by Rivers is not applicable to AOT simply because medication over objection is not authorized by Kendra’s Law:
Since Mental Hygiene Law § 9.60 does not permit forced medical treatment, a showing of incapacity is not required. Rather, if the statute’s existing criteria satisfy due process — as in this case we conclude they do — then even psychiatric patients capable of making decisions about their treatment may be constitutionally subject to its mandate…. As we made clear in Rivers, the fundamental right of mentally ill persons to refuse treatment may have to yield to compelling state interests (67 NY2d at 495). The state “has authority under its police power to protect the community from the dangerous tendencies of some who are mentally ill” (Addington v Texas, 441 US 418, 426 [1979]). Accordingly, where a patient presents a danger to self or others, the state may be warranted, in the exercise of its police power interest in preventing violence and maintaining order, in mandating treatment over the patient’s objection. Additionally, the state may rely on its parens patriae power to provide care to its citizens who are unable to care for themselves because of mental illness (see Rivers, 67 NY2d at 495).51
Respondent also urged the court to adopt the position that even if Kendra’s Law did not permit forcible medication over objection, the fact that AOT subjects are ordered by a judge to take their medication may prompt a subjective response from the individual amounting to coercion which is so substantial as be considered equivalent to forcible medication. This argument was likewise summarily rejected:
The restriction on a patient’s freedom effected by a court order authorizing assisted outpatient treatment is minimal, inasmuch as the coercive force of the order lies solely in the compulsion generally felt by law-abiding citizens to comply with court directives. For although the Legislature has determined that the existence of such an order and its attendant supervision increases the likelihood of voluntary compliance with necessary treatment, a violation of the order, standing alone, ultimately carries no sanction. Rather, the violation, when coupled with a failure of efforts to solicit the assisted outpatient’s compliance, simply triggers heightened scrutiny on the part of the physician, who must then determine whether the patient may be in need of involuntary hospitalization.52
Considering the high evidentiary burden faced by AOT petitioners, and the detailed criteria in the statute and the considerable and important interests of the state in insuring the safety of the AOT subject as well as others in the community, the court concluded that the individual’s right to refuse treatment was not unconstitutionally infringed:
In any event, the assisted outpatient’s right to refuse treatment is outweighed by the state’s compelling interests in both its police and parens patriae powers. Inasmuch as an AOT order requires a specific finding by clear and convincing evidence that the patient is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to self or others, the state’s police power justifies the minimal restriction on the right to refuse treatment inherent in an order that the patient comply as directed. Moreover, the state’s interest in the exercise of its police power is greater here than in Rivers, where the inpatient’s confinement in a hospital under close supervision reduced the risk of danger he posed to the community. In addition, the state’s parens patriae interest in providing care to its citizens who are unable to care for themselves because of mental illness is properly invoked since an AOT order requires findings that the patient is unlikely to survive safely in the community without supervision [and] . . . the patient is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to the patient or others . . .In requiring that these findings be made by clear and convincing evidence and that the assisted outpatient treatment be the least restrictive alternative, the statute’s procedure for obtaining an AOT order provides all the process that is constitutionally due.53
The argument that an individual’s constitutional equal protection rights are violated in the absence of a finding of incapacity, because persons subject to guardianship proceedings, and involuntarily committed inpatients must be accorded such a hearing prior to medication over objection, was also rejected. Reiterating that Kendra’s Law simply does not authorize medication over objection, the court held that “[t]he statute thus in no way treats similarly situated persons differently.54
Respondent also challenged the removal provision of Kendra’s Law, contending that because the law does not require a pre-removal hearing that the individual’s constitutional due process rights are violated. The statute permits the temporary removal of an individual subject to an AOT order, if the individual is non-compliant with treatment, efforts to solicit compliance have failed, and a physician determines that as a result the individual may be in need of inpatient care and treatment. The individual may be retained for up to 72 hours to determine whether he or she meets the standards for further retention found in any of a number of other provisions of the Mental Hygiene Law. If at any time during the 72 hours it is determined that the individual does not meet the standards for further retention, he or she must be released.
The Court of Appeals, like the Appellate Division, applied the balancing test announced in the United States Supreme Court case, Mathews v. Eldridge. The court balanced the interest affected, the risk of deprivation through the procedures in the law and the burden of alternative procedures, and the government’s interests served by the law.
Applying the first factor of this test to the removal provision of Kendra’s Law, the Court of Appeals voiced disagreement with the Appellate Division, and found that the 72 hour retention did constitute a substantial deprivation of liberty. However, the Court of Appeals affirmed the lower court’s ultimate conclusion that considering the Mathews factors together, any infringement is outweighed by the considerable procedural safeguards and the very important governmental interest at stake.55
With respect to the second factor, the risk of an erroneous deprivation is minimized by the fact that there must be a judicial finding, by clear and convincing evidence that, among other things, “the patient is unlikely to survive safely in the community without supervision; has a history of noncompliance resulting in violence or necessitating hospitalization; and is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm.” In addition, the law allows the individual’s treating physician to determine the need for observation and inpatient care, which are clinical determinations, and not a judge, as Respondent urged. Considering these features of the law, the court concluded that “[a] pre-removal hearing would therefore not reduce the risk of erroneous deprivation.56
Lastly, the governmental interest in reducing the risk of harm to the individual or others in the community was considered to be significant, and the addition of a pre-removal hearing to th already substantial procedural safeguards would have the undesired effect of frustrating that intent:
In addition, the state’s interest in immediately removing from the streets noncompliant patients previously found to be, as a result of their noncompliance, at risk of a relapse or deterioration likely to result in serious harm to themselves or others is quite strong. The state has a further interest in warding off the longer periods of hospitalization that, as the Legislature has found, tend to accompany relapse or deterioration. The statute advances this goal by enabling a physician to personally examine the patient at a hospital so as to determine whether the patient, through noncompliance, has created a need for inpatient treatment that the patient cannot himself or herself comprehend. A pre-removal judicial hearing would significantly reduce the speed with which the patient can be evaluated and then receive the care and treatment which physicians have reason to believe that the patient may need. Indeed, absent removal, there is no mechanism by which to force a noncompliant patient to attend a judicial hearing in the first place.57
The last argument raised by Respondent alleged that removal pursuant to the law as violated of the fourth amendment prohibition against unreasonable searches and seizures, because the statute does not specify that a physician must have probable cause to believe that an individual meets the criteria for removal. The court in essence concluded that the proper exercise of clinical judgement by the physician implies that such judgments will conform with the reasonableness standard:
It is readily apparent that the requirement that a determination that a patient may need care and treatment must be reached in the “clinical judgment” of a physician necessarily contemplates that the determination will be based on the physician’s reasonable belief that the patient is in need of such care.58
As a result of the Court of Appeals decision, it is now well settled that Kendra’s Law is in all respects a constitutional exercise of the State’s police power, and its parens patriae power. Further, the removal provisions of the law have withstood constitutional scrutiny. Because this opinion was rendered by the Court of Appeals, which is the highest court in New York, the doctrine of stare decisis should preclude similar facial challenges to the constitutionality of Kendra’s Law in the future.
Decisions Construing the Statutory Criteria
In addition to the decisions concerning constitutional issues in Matter of K.L., and Matter of Urcuyo, there is now some guidance from the courts concerning the statutory criteria for Kendra’s Law orders, M.H.L. section 9.60(c).
Soon after the statute became effective, an issue arose with respect to the proper construction of the alternative criteria concerning a respondent’s prior need for hospitalization, or prior violent acts. Among other criteria, a Kendra’s Law petitioner must demonstrate under M.H.L. section 9.60(c)(4):
[that] the patient has a history of lack of compliance with treatment for mental illness that has:
at least twice within the last thirty-six months been a significant factor in necessitating hospitalization in a hospital, or receipt of services in a forensic or other mental health unit of a correctional facility or a local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition or:
resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the last forty-eight months, not including any period in which the person was hospitalized or incarcerated immediately preceding the filing of the petition . . .
The Two Hospitalization Criteria
The first prong of 9.60(c)(4) is satisfied when a petitioner demonstrates that a patient has been hospitalized twice, as a result of treatment failures, within the past thirty-six months (referred to as the “two hospitalizations” criterion). The thirty-six month look-back period excludes the duration of any current hospitalization.
In June of 2000, a Kendra’s Law petition was brought in Supreme Court, Richmond County, alleging that the respondent had been hospitalized on two occasions within the statutory look- back period — within the time period of the current hospitalization plus thirty-six months.
In Matter of Sarkis,59 the respondent moved to dismiss the petition, arguing, among other grounds, that the petition was deficient because it counted the current hospitalization as one of the two hospitalizations required to satisfy 9.60(c)(4)(i). Respondent reasoned that the statutory language which excluded the duration of the current hospitalization from the look-back period, must also be construed to exclude the current hospitalization from being counted as one of the two hospitalizations required.
The court relied on the specific language of the statute, and rejected respondent’s argument:
[R]espondent’s position is based on a flawed interpretation of the statutory provision, which reads [9.60(c)(4)(i)] as modifying the single word “hospitalization” appearing in the first clause of Mental Hygiene Law 9.60(c)(4), rather than the grammatically more consistent “thirty-six months” period during which the noncompliance resulting in such hospitalizations must occur.60
It is the duration of the current hospitalization which is excluded from the look-back period. In any event, it is the need for hospitalization as a result of noncompliance which is at the bottom of the two hospitalization requirement. “The triggering event for purposes of Mental Hygiene Law 9.60(c)(4)(i) is not the hospital admission but rather the noncompliance with treatment necessitating the hospitalization, and is complete before the hospitalization begins.61
Respondent appealed the denial of his motion to dismiss, and the Appellate Division, Second Department affirmed, writing:
[W]e agree with the Supreme Court’s interpretation of Mental Hygiene Law s. 9.60(c)(4)(i) . . . The appellant interprets this provision as precluding the consideration of his hospitalization immediately preceding the filing of the petition as one of the two required hospitalizations due to noncompliance with treatment within the last 36 months. . . we reject the appellant’s interpretation . . . which would inexplicably require courts to disregard the most recent incident of hospitalization due to noncompliance with treatment in favor of incidents more remote in time.62
The decision in Matter of Dailey,63 is in accord with Matter of Sarkis. In Dailey, the court rejected an argument identical to that offered by respondent in Sarkis, holding that reading the statutory language, together with the legislative history, “leads to the conclusion that the section seeks only to expand the number of months which a petitioner can look back to thirty-six months prior to the current hospitalization and does not exclude the acts of non-compliance with treatment and the current hospitalization itself from consideration for an AOT order64
In a decision further clarifying the two hospitalization criteria, Supreme Court, Suffolk County held that in determining whether a particular hospitalization falls within the statutory look back period, a petitioner may rely upon the latest date of the hospitalization, and not the starting date. In Matter of Anthony F., the earlier hospitalization began more than thirty-six months prior to the petition, but ended less than thirty-six months prior to the petition. The court stated that as long as the petitioner can establish a nexus between the continued hospitalization and a lack of compliance with treatment, the “thirty-six month period is to be measured from the final date of the earlier hospitalization.65
The Violent Act Criteria
The second prong of 9.60(c)(4) is satisfied when a petitioner establishes that a patient has committed one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the last forty-eight months (referred to as the “violent act” criterion). However, in language which is similar to the two hospitalizations requirement discussed above, the forty-eight month look- back period excludes the duration of any current hospitalization or incarceration.
This provision of the statute was the subject of an appeal to the Second Department. In Matter of Hector A.,66 the trial court had dismissed the petition because the violent act relied upon to satisfy the statutory criteria occurred while the patient was hospitalized. The respondent stabbed a hospital worker during his current hospitalization, and the outcome of the case hinged on whether the stabbing could be used to satisfy the violent act criterion of 9.60(c)(4). On appeal, petitioner argued that the forty-eight month exclusion applies only to the duration of the look-back period, and should not be read to exclude violent acts occurring during the current hospitalization. The respondent argued that the language excluding the duration of the current hospitalization from the forty-eight month look-back period also required the court to exclude evidence of any violent acts or threats during the current hospitalization. The Second Department reversed the trial court’s dismissal, and held that the evidence related to the stabbing was admissible to satisfy the violent act requirement:
There is no merit to the patient’s argument that the violent act he committed against a hospital employee must be disregarded under Mental Hygiene Law s. 9.60(c)(4)(ii). This provision simply extends the 48 month period for considering the patient’s violent behavior by the duration of his hospitalization or incarceration “immediately preceding the filing of this petition”. This provision in no way eliminates from consideration violent acts occurring during the hospitalization or incarceration.67
Hector A. cited with approval the rationale articulated in Julio H.,68 where Respondent sought dismissal of an AOT petition, and argued for a construction of 9.60(c)(4)(ii) which would exclude violent acts which occur while a person is hospitalized from being used to satisfy the requirements of that section in an AOT petition.
The respondent in Matter of Julio H. moved for dismissal of the AOT petition on two grounds: First, he argued that the exclusion of the current hospitalization from the forty-eight month look back period also excludes any violent acts during the current hospitalization. Second, he urged the Court to accept the premise that a person who is currently hospitalized is receiving treatment, is therefore deemed compliant, and thus violent acts occurring during hospitalization could never be the result of non-compliance with treatment.
Both arguments were rejected, with the result that respondent’s violent act occurring during his current hospitalization could be used to satisfy the violent act criterion of M.H.L. 9.60(c)(4)(ii). Further, there is no irrebuttable presumption of compliance during hospitalization, and the issue of whether a patient has been non-compliant with treatment while in a psychiatric hospital “is a fact to be determined at the AOT hearing.69 This is significant, because the petitioner must establish a nexus between the patient’s violent behavior and his failure to comply with treatment. By denying respondent’s argument that compliance in the hospital is presumed, the court created an opportunity for petitioners to demonstrate a nexus between non-compliance, and violence, based on the patient’s behavior while hospitalized.70
Decisions on the Applicability of the Physician-Patient Privilege
In addition to challenges to the constitutionality of Kendra’s Law, and clashes over the appropriate construction of the two hospitalizations and violent act criteria, there have been challenges involving the type of evidence which may, or must be offered in support of an AOT petition.
One significant evidentiary challenge involved the practice of having a patient’s treating physician testify at the mandatory hearing on the petition. The practice prompted objections based on the physician-patient privilege, which is codified in NY Civ. Prac. L. & R. (“CPLR”) 4504.
Supreme Court, Queens County, was faced with such a challenge in the Spring of 2000, in Matter of Nathan R.,71 and ultimately ruled that the statutory privilege did not operate to prevent a treating physician from also fulfilling the role of examining physician in a Kendra’s Law proceeding.
To meet the statutory requirements for AOT, a petition must be accompanied by an affidavit by an “examining physician,” who must state that he or she has personally examined respondent no more than 10 days prior to the submission of the petition, that such physician recommends AOT, and that the physician is willing and able to testify at the hearing on the petition.72 The examining physician is also required to testify at the hearing on the petition concerning the facts underlying the allegation that the respondent meets each of the AOT criteria, that it is the least restrictive alternative, and concerning the recommended treatment plan.73
In Nathan R., the examining physician was also respondent’s treating physician. Respondent moved to dismiss the petition, on the basis that “the physician-patient evidentiary privilege codified in CPLR 4504 absolutely prohibits a treating psychiatrist from submitting an affidavit or giving testimony in support of [an AOT] petition.74 The motion to dismiss was denied:
CPLR 4504 does not prevent a treating physician from disclosing information about the patient under all circumstances. . . . The protection of the physician-patient privilege extends only to communications and not to facts. A fact is one thing and a communication concerning that fact is an entirely different thing.75
The decision allowed that there may in fact be specific communications which are entitled to protection, but the burden is on the movant to demonstrate the existence of circumstances justifying the recognition of the privilege. Even in such cases, the privilege will only be held to attach to specific communications, and broad, conclusory claims of privilege, such as those made by respondent’s counsel in Nathan R., will not suffice.76
Respondent also suggested that because a treating physician is among those enumerated who may bring a petition, and a petitioner cannot also act as the examining physician, a treating physician is statutorily prohibited from fulfilling the role of examining physician. This argument was also rejected:
It is unclear whether the [respondent] is also claiming that Mental Hygiene Law s.9.60 prohibits a treating psychiatrist from being the examining physician. It does not. It only prevents a treating psychiatrist from being the petitioner if the treating psychiatrist is the examining physician.77
Supreme Court, Queens County, was faced with an identical argument, in a motion to dismiss a Kendra’s Law petition shortly after Nathan R. was decided. In Amin v. Rose F.,78 respondent urged the court to dismiss the petition as insufficient, because the respondent’s treating physician was also the examining physician, and therefore his testimony in support of the petition would be prohibited by the physician-patient privilege. In denying the motion, the court looked at, among other things, the legislative history of Kendra’s Law, and held:
[I]t is clear that the legislature intended and desired for the subject’s treating physician to be intimately involved with the various aspects of assisted outpatient treatment, and thereby implicitly waived the physician-patient privilege for the purposes of assisted outpatient treatment… Indeed, it would serve no useful purpose to insist on the physician-patient privilege under M.H.L. 9.60, and, in fact, would frustrate the clear intention of the legislature to keep mentally ill persons in the community and out of inpatient psychiatric hospitalization. Furthermore, once the privilege is waived, it is waived for all purposes… This clearly includes allowing the treating psychiatrist to examine the subject of the AOT proceeding, and to testify as to his findings at that hearing.79
Therefore, although the statute prohibits a treating physician from being both the petitioner and the examining physician with respect to a particular patient, the statute does not prohibit the treating physician from also being either the examining physician or the petitioner.
The respondent in Amin appealed the decision denying her motion to dismiss. The original petitioner did not file a responsive brief or otherwise oppose the appeal, because by the time of the appeal, the respondent was no longer in petitioner’s care, and therefore petitioner did not identify itself as having any real stake in the outcome. The Attorney General was granted permission by the Appellate Division to file an amicus brief, and argued for an affirmance, based on the reasoning in Nathan R., and Amin. However, because the respondent in Amin entered into a voluntary agreement upon expiration of the original order, the appeal was dismissed as academic.80 It is thus left to a future litigant to challenge the concurrent reasoning of Nathan R. and Amin.
Other Decisions
In Matter of Jason L.,81 a case before the Supreme Court, Monroe County, a dispute evolved concerning whether a respondent has the right to a hearing before an order can issue for his removal to a hospital for the purposes of the pre-petition examination. Even after the court formally requested that respondent submit to such an examination, he refused. Instead, respondent objected to the request, demanding that he be provided with a hearing prior to any court-ordered examination, and that to do otherwise would violate his constitutional due process rights. Relying on M.H.L. 9.60(h)(3), which governs situations where a patient refuses to permit an examination by a physician, the court ordered the removal for examination:
The court rejects respondent’s contention that the statute implies the requirement of such a hearing, although in some cases it may be appropriate to do so. [The petition] sufficiently sets out grounds establishing reasonable cause to belief that the petition is true. The respondent was given ample opportunity to be heard at oral argument with respect to the petition and, indeed, plans to submit written opposition to the petition itself. However, this court feels that the statute authorizes the court to make a finding on the papers submitted when appropriate and empowers the court to authorize the police to take respondent into custody for purposes of the physician examination.82
Jason L. provides guidance on the issue of the procedure for pre-hearing examinations, but leaves open the possibility that judges may find it appropriate in certain circumstances to conduct a hearing prior to ordering the removal of a patient for examination. The governing standard remains whether the affidavits and other clinical evidence offered by the petitioner establish reasonable grounds to believe that the petition is true. This is a standard which is decidedly lower than that applicable to a decision on the merits of the petition, and the court in Jason L. was prudent in not allowing the hearing on the examination issue to expand into a hearing on the petition itself.
Questions regarding the evidentiary standard applicable to AOT hearings have also found their way into the courts. For example, in Matter of Jesus A.,83 respondent moved to dismiss the petition, arguing that petitioner failed to offer facts sufficient to establish that an AOT order was appropriate. The court was critical of the affidavit of the examining physician, which merely paraphrased the criteria, concluding:
Clearly, these allegations, which are nothing more than conclusions, not facts, are insufficient. It thus is the holding of this court that, as in all other cases, allegations which are nothing more than broad, simple conclusory statements are insufficient to state a claim under section 9.60 of the Mental Hygiene Law.84
The petitioner submitted a supplemental affidavit in an attempt to cure the deficiencies found in the original. This effort also failed, because it was not based upon “personal knowledge or upon information and belief in which event the source of the information and the grounds for the belief must be provided.85
If it was not clear prior to Jesus A., the fog has now lifted — the petition must contain specific evidence, whether in the form of documents, affidavits or testimony, that all of the criteria are met. This burden must be carried by reference to facts, and the mere paraphrasing of the statutory language will not suffice.
There has been some controversy surrounding the question of whether the right to counsel provision of Kendra’s Law86 applies to the pre-hearing examination, which inevitably takes place prior to the filing of the petition and the official commencement of the proceeding. In Matter of Nancy H., Supreme Court, Dutchess County held that the right to counsel attaches only after the proceeding is commenced. Because the examination took place prior to the filing of the petition, which commenced the proceeding, the patient did not have the right to have her attorney present during the examination.87 A different conclusion was reached by Supreme Court, Otsego County in Matter of Noah C.88 In Noah C. the petitioner failed to provide notice to the respondent’s counsel prior to an examination in anticipation of a renewal petition. The court held that the proceeding had been commenced by the filing of the original petition, and that therefore the right to counsel had long since attached. In dicta, the court suggested that it shouldn’t matter whether the petition is for an original order or for a renewal, and that in either instance the patient’s counsel should receive notice prior to any pre-hearing examination.
One last issue worthy of discussion is the amount of discretion a court may exercise in fashioning relief when deciding a Kendra’s Law petition. In In re Application of Manhattan Psychiatric Center,89 the Appellate Division, Second Department, held it is within the authority of a trial court to grant or deny a Kendra’s Law petition, but is beyond its authority to order retention pursuant to other sections of the M.H.L., or order treatment other than what is included in the treatment plan.
The case involved an AOT petition for a patient who, as well as having a history of mental illness and treatment failures, had a criminal history resulting from violent behavior. After the required hearing, and upon consent of the parties, the petition was granted. However, the court held the order in abeyance, pending an independent psychiatric evaluation of respondent. Although an AOT order ultimately was issued for the patient, the trial court at one point denied the petition, based on its own determination that the patient met the criteria for continued inpatient retention (the “dangerousness standard”), and should not be returned to the community, with or without AOT.
Respondent appealed, and the Second Department decided a number of issues raised by the lower court concerning the scope of that court’s authority under the statute.90 The first issue was whether the court may make its own determination of whether the patient meets the dangerousness standard, and was therefore beyond the reach of AOT. The Second Department responded in the negative, and held that the authority of the trial court was limited to deciding whether the statutory criteria had been met, and then either granting or denying the petition. The decision whether to release the patient is a clinical determination left, in this case, to the director of the hospital. Kendra’s Law does not provide an avenue for the subordination of that clinical judgment to a judicial determination that the patient should remain hospitalized.91
The second issue was whether M.H.L. section 9.60(e)(2)(ii), which permits the court to consider evidence beyond what is contained in the petition, also implicitly provides the authority for the court to make a judicial determination with respect to the dangerousness standard. The Second Department answered again in the negative, and held that section 9.60(e)(2)(ii) only permits the consideration of additional facts in deciding whether the statutory criteria have been met, “[i]t is not an invitation to the court to consider the issue of dangerousness in respect of a decision to release the patient.92
An issue was also raised concerning whether a court has discretion to deny a petition, where the statutory criteria have been met. Noting that a court must deny the petition if the criteria have not been met, The Second Department concluded:
Thus, the court’s discretion runs only to the least restrictive outcome. In other words, a court may decide not to order AOT for a person who meets the criteria, but it may not decide to order AOT for a patient who does not meet the criteria…. In any event, no measure of discretion would be sufficient to permit a court to bar the release of a hospitalized patient (or, by extrapolation, to order the involuntary admission of an unhospitalized patient) as an alternative to ordering AOT, because Kendra’s Law does not place that decision before the court.93
Accordingly, it is now the case that clinical decisions, such as determinations of dangerousness, are not before the court during Kendra’s Law proceedings. Judicial discretion is limited to deciding whether a petitioner has carried its burden of demonstrating that the statutory criteria are met by clear and convincing evidence, and then either granting or denying the petition.94
While there are still many issues that may want for the clarity provided by judicial review, a number of threshold issues have been resolved since Kendra’s Law became effective. Most importantly, the statute survived constitutional challenges based upon the right to control one’s treatment. Court-ordered AOT has been distinguished from forcible medication over objection, and any fears that such forced treatment would proliferate under Kendra’s Law should be allayed by judicial recognition of the fact that forced medication over objection is never appropriate in an AOT treatment plan, and in any event cannot occur absent sufficient due process pursuant to Rivers v Katz.
It is currently the law that in meeting the two hospitalizations criterion, although the duration of the current hospitalization is excluded from the respective look-back period, the current hospitalization itself can be used to meet the criterion. When deciding whether a prior hospitalization falls within the statutory look-back period, a petitioner may rely upon the latest date of the hospitalization, rather than the date of admission. Similarly, in meeting the violent act criterion, although the duration of the current hospitalization is excluded from the respective look-back period, the violent acts occurring during the current hospitalization can be used to meet the criterion.
The petitioner must marshal facts and evidence, such as testimony from those with actual knowledge, in support of the petition. Mere recitations of the criteria, in affidavit form, will not suffice. In addition, while a patient’s treating physician cannot be both the petitioner and the examining physician in an AOT proceeding, the treating physician can be one or the other.
If a patient refuses to submit to an examination, the court can order the removal of the patient to a hospital for the purposes of the examination. In such a circumstance, the petitioner must meet specific criteria justifying the removal, but the patient does not have an absolute right to a pre-removal hearing.
Finally, Kendra’s Law does not authorize courts to make independent determinations concerning the issue of whether a patient meets involuntary inpatient criteria, during a Kendra’s Law proceeding. Statutory authority extends only to the judicial determination of whether the petitioner has met its burden of proving by clear and convincing evidence that the statutory criteria have been met, and then the court may either grant or deny the petition.
1. Prior to the enactment of Kendra’s Law, and prior to the tragic event involving Ms. Webdale, a pilot program for assisted outpatient treatment which was operated out of Bellevue Hospital in New York City. The pilot program was enacted in 1994 and codified as Mental Hygiene Law section 9.61. The pilot program expired in 1998. Although the pilot and the current law differ in many details, the basic framework for the current statute was based upon the pilot.
2. 1999 NY Laws 408.
3. Office of Mental Health Statewide AOT Report as of December 31, 2004.
4. Much of the information concerning the petition process in this article can be found at the New York State Office of Mental Health official web page, www.omh.state.ny.us, which contains a great deal of useful information about Kendra’s Law.
5. M.H.L. section 9.60(i)(1).
6. M.H.L. section 9.60(h).
7. M.H.L. section 9.60(j)(2).
8. M.H.L. section 9.60(k).
9. M.H.L. section 9.60(n).
10. M.H.L. section 9.60(e)(1).
11. M.H.L. section 9.60(e)(3)(i).
12. M.H.L. section 9.60(h)(3). There has been some debate concerning the issue of whether the hearing, is a right which waivable by the patient. Although some courts may grant petitions where all parties agree to waive the hearing, the language of 9.60(h)(2), and 9.60(i)(2), which expressly prohibit the court from granting an AOT order absent the examining physician’s testimony at the hearing, suggests that the hearing itself is non-waivable. Other provisions, such as 9.31 and 9.35 which create the right to a hearing in the inpatient retention context provide a procedure for the patient to request a hearing, and in the absence of such a request the hearing is deemed waived.
13. M.H.L. section 9.60(c).
14. M.H.L. section 9.60(j)(2).
15. M.H.L. section 9.60(f).
16. M.H.L. section 9.60(h).
17. M.H.L. section 9.60 (j)(2).
18. M.H.L. section 9.60(m).
19. M.H.L. section 9.60(n).
20. In December of 2000, the federal Department of Health and Human Services promulgated regulations pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishing standards for the privacy of individually identifiable health information (45 C.F.R. Parts 160 and 164). The general rule established in these regulations is that individually identifiable health information cannot be used or disclosed by covered entities (e.g. providers who engage in electronic transactions) without patient consent or authorization. However, several of the listed exceptions to this requirement would permit covered entities to continue to exchange clinical information without patient consent or authorization as required by Kendra’s Law and Kendra’s Law court orders.
21. In re Urcuyo, 714 NYS.2d 862 (Sup. Ct. Kings County, 2000).
22. Rivers v. Katz, 67 NY2d 485 (1986).
23. In re Urcuyo, 714 NYS.2d at 841-42.
24. Id., at 872, n., 3 (citations omitted).
25. Id., at 869-70.
26. Id., at 870.
27. Project Release v. Provost, 772 F.2d 960 (2d Cir., 1983)
28. Matter of Seltzer v. Hogue, 187 A.D.2d 230 ( Second Dept. 1993)
29. See also, In re Francis S., 206 A.D.2d 4 ( First Dept. 1995), aff’d 87 NY2d 554 (1995). Francis S., like the patient in Hogue, was not dangerous in the structured environment of a hospital, but in the community failed to comply with treatment and decompensated to the point of dangerousness.
30. In the Matter of the Application of Glenn Martin, For an Order Pursuant to Section 9.60 of the Mental Hygiene Law (Kendra’s Law) Authorizing Assisted Outpatient Treatment for K.L., 500748/00 (Sp. Ct., Queens County, 2000), (Order Granting Kendra’s Law Petition).
31. Id., at 7.
32. Id.
36. Id., at 10.
39. Id., at 10
41. For example, M.H.L. section 9.37, which provides for removal for a 72-hour observation period upon certification by a Director of Community Services was upheld in Woe by Woe v. Cuomo, 729 F.2d 96 (2nd Cir. 1984), cert. den. 469 U.S. 936. The court also cited Thomas v. Culberg, 741 F.Supp. 77 (S.D.NY 1990), upholding section 9.41 of the M.H.L., which permits police officers to take into custody a person who appears to be mentally ill. The court in Matter of K.L. noted that these warrantless detention provisions were upheld, even though, unlike detentions pursuant to Kendra’s Law, they do not follow from earlier judicial findings.
42. Matter of K.L., 302 A.D.2d 388, 389 (Second Dept., 2003)
44. Id., at 390 (citations ommitted).
45. 424 U.S. 319.
46. Matter of K.L., 302 A.D.2d 388, 391.
48. Id., at 391-392
49. Matter of K.L., 1 NY3d 362 (2004). The Court of Appeals decision, Matter of K. L., is reprinted in Appendix 3.)
53. Id., at 371-372.
58. Id., At 374
59. Matter of Sarkis, (NYLJ, Aug. 18, 2000, at 29, col 6).
62. In the Matter of South Beach Psychiatric Center, etc., respondent; Andre R., 727 NYS.2d 149, 150 ( Second Dept. 2001), (citations omitted).
63. Matter of Dailey, 713 NYS.2d 660, (Sup. Ct. Queens County, 2000).
64. Matter of Dailey, 713 NYS.2d at 663 (emphasis in original).
65. In the Matter of Pilgrim Psychiatric Center v. Anthony F., 18601/01 (S.Ct. Suffolk Cty, 2002), (Order Denying Motion to Dismiss Kendra’s Law Petition).
66. In the Matter of Weinstock, appellant: Hector A. (Anonymous), respondent, 733 NYS.2d 243 (Second Department, 2001).
68. In the Matter of Weinstock, for an order Authorizing Outpatient treatment for Julio H., 723 NYS.2d 617 (Sup. Ct. Kings County, 2001).
70. See, In the Matter of Weinstock, for an Order Authorizing Assisted Outpatient Treatment for Shali K., 742 NYS.2d 447 (Sup.Ct., Kings County 2002), where the court accepted the argument that a violent act in the hospital may count under the statute, but denied the petition because petitioner failed to establish a nexus between the violent act and respondent’s treatment failures.
71. In the Matter of Sullivan, for an Order Authorizing Outpatient Treatment for Nathan R., 710 NYS.2d 804 (Sup Ct. Queens County, 2000).
73. M.H.L. section 9.60(h)(4).
74. Matter of Nathan R., 710 NYS.2d at 805 (quoting respondent’s counsel).
78. Amin v. Rose F., (NYLJ, December 7, 2000, at 31, col 1).
80. In the Matter of Rose F. v. Amin, 739 NYS2d 834 ( Second Dept. 2002).
81. Matter of Director of Community Services, for an Order Authorizing Assisted Outpatient Treatment for Jason L., 715 NYS.2d 833 (Sup. Ct. Monroe County, 2000).
83. In the Matter of Sullivan, for an Order Authorizing Outpatient Treatment for Jesus A., 710 NYS.2d 853 (Sup. Ct. Queens County, 2000).
84. Id., at 857 (citations omitted).
85. Id. (Citations omitted).
86. M.H.L. section 9.60(g).
87. Matter of Nancy H., No. 125/2000 - MI (Dutchess Cty, 2000), (Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction).
88. Matter of Noah C., No. 8598 (Otsego Cty, 2003), (Order Granting Motion to Dismiss for Failure to Notice Patient’s Counsel Prior to Examination).
89. In re Application of Manhattan Psychiatric Center, 728 NYS.2d 37 (Second Dept., 2001).
90. Because the court did eventually sign an AOT order for the patient, the matter would appear to be beyond appellate review, based on the mootness doctrine. The Second Department accepted the case as an exception to the mootness doctrine, because it is “likely to be repeated, it involves a phenomenon which typically evades review, and it implicates substantial and novel issues.” Id., at 39.
93. Id., at 43, 44 (citations omitted).
94. See also In the Matter of Endress, for an order Authorizing Outpatient Treatment for Barry H., 732 NYS.2d 549 (Sup. Ct. Onieda County, 2001). The court in Endress believed that the patient should not be released into the community at all, but citing Matter of Manhattan Psychiatric Center, reluctantly granted the AOT petition, as the most appropriate outcome, given its limited alternatives.
This article is an updated version of an article published in 2002, reflecting subsequent legal developments. The original publication can be found at: Brennan, K.J. (2002). Recent developments under Kendra’s Law. New York State Bar Association Journal. Volume 7, No 2, 24-34.
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867 F. 2d 714 - United States v. W Rumney
867 F2d 714 United States v. W Rumney
UNITED STATES of America, Appellee,
Arthur W. RUMNEY, Defendant, Appellant.
First Circuit.
Heard Nov. 2, 1988.
Decided Feb. 8, 1989.
Paul J. Garrity, by Appointment of the Court, with whom Schapira Professional Association, Manchester, N.H., was on brief, for appellant.
David A. Vicinanzo, Asst. U.S. Atty., with whom Richard V. Wiebusch, U.S. Atty., Manchester, N.H., was on brief, for defendant, appellee.
Before BOWNES and BREYER, Circuit Judges, and CAFFREY,* Senior District Judge.
BOWNES, Circuit Judge.
Arthur W. Rumney appeals his conviction of one count of being a felon in possession of a firearm. 18 U.S.C.App. Sec. 1202(a)(1).1 On appeal, appellant raises three issues: (1) whether he could be sentenced under the provisions of Sec. 1202(a)(1) as a person thrice convicted of burglary or robbery when the indictment only alleged one prior such conviction; (2) whether the district court erred in not conducting a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), because of omissions made by the police in the affidavit when they applied for a search warrant; and (3) whether the evidence adduced at trial was sufficient to warrant a conviction. We find against him on each issue and affirm.
I. Facts
On October 31, 1986, a woman was robbed by appellant and Habib Nassoura in the parking lot of a Manchester, New Hampshire bank. Nassoura drove appellant to the parking lot. Once there, appellant, armed with a stun gun and disguised by a wig, false beard and baseball cap, assaulted the woman and grabbed a bag containing $23,000. Nassoura drove off alone without appellant. A witness noted the license plate number. Appellant fled on foot but was tackled by another bystander. The two struggled until appellant produced a handgun. The bystander backed away and appellant fled.
In late 1986, the Manchester police obtained a warrant to search appellant's home. The warrant was based on an affidavit which relied heavily upon statements made by Nassoura to the police. During the investigation of the robbery, Nassoura was questioned twice concerning his involvement in the robbery. Both times Nassoura denied being involved. After being arrested for the crime, however, Nassoura changed his story; he stated that although he drove appellant to the scene, he did not realize when he agreed to drive appellant there that appellant was going to commit a robbery. Later, Nassoura stated that he knew that appellant was up to no good when Nassoura agreed to drive him to the scene.
The affidavit submitted by the police for the warrant referred only to Nassoura's statement that he did not realize that appellant was going to commit a robbery. It made no mention of Nassoura's earlier denials or his subsequent statement that he knew appellant was up to no good, nor did it mention Nassoura's criminal record. Based on these omissions, appellant moved, prior to trial, to suppress all evidence found in the search of his house because the affidavit contained knowing or reckless omissions which undercut a finding of probable cause. The district court denied the motions and ruled that because appellant failed to make the preliminary showing required by United States v. Paradis, 802 F.2d 553, 558 (1st Cir.1986) (discussing the preliminary showing required under Franks, 438 U.S. at 171-72, 98 S.Ct. at 2684-85), a hearing was not necessary.
Pursuant to the warrant, the police searched the house where appellant lived with Patricia Harmon and her children. The police found a fully loaded .22 caliber handgun, two stun guns, a box of .25 caliber bullets, a baseball cap, a jar of change, a wig and two false beards in the master bedroom and its closet. The handgun was found in the pocket of a man's coat hanging in the closet; the jar of change was found in the other pocket. The stun guns and bullets were found in a dresser.
Appellant was indicted on one count of being a felon in possession of a firearm.2 Prior to trial, the government notified appellant that it would seek an enhanced sentence under 18 U.S.C.App. Sec. 1202(a) because appellant had been convicted three times of burglary and/or robbery. Appellant moved to prevent the imposition of an enhanced sentence. He argued that, since his indictment alleged only one predicate felony, the most for which he could be convicted and sentenced was having been previously convicted of one felony. The district court denied his motion holding that the three predicate felonies were for sentence enhancement purposes only and were not an element of another, heightened crime.
At trial, the government presented evidence which showed that appellant had been convicted of armed bank robbery in 1974.3 Evidence also showed that the handgun had moved in interstate commerce: it was sold by a California firm to a Massachusetts firm which in turn sold it to a New Hampshire gun dealer. Finally, there was evidence that showed that the gun was found in appellant's closet in his coat. Although appellant and Harmon offered an explanation which, if believed, could have exculpated appellant,4 the jury returned a verdict of guilty. This appeal ensued. Appellant was sentenced to fifteen years as mandated by Sec. 1202(a)(1) for one who has three prior convictions for robbery or burglary. He was also fined $25,000.
II. Enhancement Or Element
Appellant's first contention is that he could not legally be sentenced under the higher sentence provision of Sec. 1202(a), Armed Career Criminal Act (ACCA),5 because his indictment alleged only one predicate felony, not three. This circuit has never addressed whether the provision calling for a heightened penalty for those people who possess a firearm after having been thrice convicted of burglary/robbery is a sentence enhancer or a substantive crime. If it is the latter, appellant's sentence must, of course, be set aside. Nine other circuits have addressed this precise issue; all but one agree that the provision is a sentence enhancer. Those finding enhancement are: United States v. Brewer, 853 F.2d 1319 (6th Cir.) (changing, on rehearing, the panel's original decision on this point, 841 F.2d 667, 668-69 (6th Cir.)), cert. denied, --- U.S. ----, 109 S.Ct. 375, 102 L.Ed.2d 364 (1988); United States v. Pirovolos, 844 F.2d 415, 420 (7th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 147, 102 L.Ed.2d 119 (1988); United States v. Rush, 840 F.2d 574, 576-78 (8th Cir.) (en banc ), cert. denied, --- U.S. ----, 108 S.Ct. 2908, 101 L.Ed.2d 940, cert. denied, sub nom. Cloyd v. United States, --- U.S. ----, 108 S.Ct. 2910, 101 L.Ed.2d 942 (1988); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 1741, 100 L.Ed.2d 204 (1988); United States v. West, 826 F.2d 909, 911-12 (9th Cir.1987); United States v. Jackson, 824 F.2d 21, 22-26 (D.C.Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 715, 98 L.Ed.2d 665 (1988); United States v. Hawkins, 811 F.2d 210, 217-20 (3d Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 110, 98 L.Ed.2d 69 (1987); United States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986), cert. denied, 480 U.S. 920, 107 S.Ct. 1379, 94 L.Ed.2d 693 (1987). In United States v. Davis, 801 F.2d 754, 755-56 (5th Cir.1986), the Fifth Circuit held that the three felonies were an element of a crime which must be alleged in the indictment.
Appellant advances two reasons why we should hold that the three convictions are an element of a new crime: (1) the language and legislative history of that provision point in that direction; and (2) McMillan v. Pennsylvania, 477 U.S. 79, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986), requires such a holding. Both contentions have been addressed at length by our sister circuits; therefore, we tread a well-marked path.
The relevant language in Sec. 1202(a)(1) is ambiguous. See Jackson, 824 F.2d at 23-24; but see Davis, 801 F.2d at 756. The language is an expansion of the main offense (possession of a firearm by a felon) and was incorporated into the main offense without division or separation. This "suggests treatment of the contents as a single offense." Hawkins, 811 F.2d at 219. On the other hand, the provision does not contain indicia of a traditional sentence enhancer: explicit reference to a prior conviction under Sec. 1202(a)(1); special sentencing procedures; a penalty which is a multiplier of the sentence for the underlying crime; or a title denoting it as a sentence enhancer.6 See Davis, 801 F.2d at 755-56.
As fully detailed by the other circuits, the legislative history speaks in terms of " 'enhancing' this offense," "enhancing an existing Federal crime," and "enhanced penalty provisions." See, e.g., Rush, 840 F.2d at 577-78 (the court also notes that at one point a House Report speaks of a "new offense"); Jackson, 824 F.2d at 24-25 (same). The Ninth Circuit has accurately synopsized the legislative history:
[T]he legislative history shows that Congress specifically intended the Act to serve as a sentence enhancement statute. The House Report states: "In 'enhancing' this offense [Sec. 1202(a) ] with H.R. 1627-type sanctions, if the defendant has been convicted three times of robbery or burglary, we are 'enhancing' an existing Federal crime...." H.R.Rep. No. 1073, 98th Cong., 2d Sess. 5, reprinted in 1984 U.S.Code Cong. & Admin.News 3182, 3665. Representative Hughes, the principal sponsor of the legislation in the House, stated: "This bill would enhance the sanctions of 18 U.S.C.App. section 1202(a) with a 15-year minimum sentence if the defendant has been convicted three times of felonies for robbery or burglary." 130 Cong.Rec. H10550 (daily ed. Oct. 1, 1984). Senator Spector, the Act's sponsor in the Senate, stated: "This bill would create no new Federal crime. Under present section 1202(a), possession of a firearm by a convicted felon is already a Federal crime, with a maximum prison sentence of 2 years. This title would simply provide for a stiffer sentence for career criminals." 130 Cong.Rec. S13080 (daily ed. Oct. 4, 1984).
West, 826 F.2d at 911-12. The legislative history resolves the statutory ambiguity; Congress intended that the provision at issue was a sentence enhancer. We, therefore, hold that the three felonies provision is for sentence enhancement and is not an element of a heightened crime.
McMillan, 477 U.S. 79, 106 S.Ct. 2411, 91 L.Ed.2d 67, does not change our holding. In that case, the court upheld a Pennsylvania law which set a minimum sentence of five years for any person who committed certain serious felonies and who, at the time of committing the offense, "visibly possessed a firearm." In deciding that this provision was a sentence enhancer and not an element of a new crime, the court noted that the provision "neither alters the maximum penalty for the crime committed nor creates a separate offense calling for a separate penalty; it operates solely to limit the sentencing court's discretion in selecting a penalty within the range already available to it without the special finding of visible possession of a firearm." Id. at 87-88, 106 S.Ct. at 2417-18. Appellant argues that because a finding of three predicate felonies increases the punishment from two years to fifteen years, it is "a tail which wags the dog of the substantive offense," id. at 88, 106 S.Ct. at 2418, and must be classified as an element of a heightened crime.
This argument, however, reads too much into McMillan. In responding to the same argument raised in a dissenting opinion, the Sixth Circuit stated:
The dissent relies in large part upon language in McMillan which the dissent interprets as requiring "notice in the indictment and proof beyond a reasonable doubt of a fact that increases the maximum set by the legislature for the other elements of the offense." However, this assertion is founded upon misapprehension of a passage in McMillan which clearly states that the dissent's argument has only "superficial appeal." 106 S.Ct. at 2418. The only other circuit which has considered the question has expressly rejected the dissent's position and has decided that maximum sentence-enhancers should be treated in the same manner as minimum sentence-enhancers. See Field [v. Sheriff of Wake County, North Carolina ], 831 F.2d at 536 [ (4th Cir.1987) ]. Moreover, the six other circuits which have upheld the ACCA as constitutional have refused to interpret McMillan in the manner urged by the dissent.
Brewer, 853 F.2d at 1326 n. 10 (emphasis in original). That court continued:
It is important to note that the McMillan court specifically concluded that traditional sentencing factors need not be pleaded and proved at trial. McMillan, 106 S.Ct. at 2419. In the instant case, as in McMillan, the legislature "simply took one factor that has always been considered by sentencing courts to bear on punishment"--the number of prior offenses--"and dictated the precise weight to be given that factor." Id. at 2419. The congressional codification of traditional sentencing factors does not transform "a sentencing factor into an 'element' of some hypothetical 'offense.' " Id.
Moreover, the primary rationale for requiring sentencing factors to be submitted to a jury--the necessity for accurate factfinding--does not apply in the instant case. Prior convictions are highly verifiable matters of record which need not be subject to jury inquiry. Because defendants had received the totality of constitutional protections due in the prior proceedings, no additional factfinding is necessary.
Id. at 1326. We agree.
Not only does McMillan offer appellant no succor but one final observation also militates against making the three predicate felonies an element to be proved at trial. Such a holding "would require the government to place evidence of a defendant's three prior felony convictions before the jury in any proceeding under the ACCA. The inherently prejudicial nature of this kind of evidence is well known." Jackson, 824 F.2d at 25 (citations omitted). Indeed, as originally drafted, the provision called for bifurcated trials to alleviate this prejudice. "Congressional action in refusing to provide for bifurcated trials in the enacted version of the ACCA again reflects upon Congress' intention not to create a new offense but rather merely to provide for a sentence enhancing provision applicable to recidivist offenders." Brewer, 853 F.2d at 1325 (footnote omitted).
Because we hold that the indictment need not have alleged the three prior felonies, appellant's sentence was proper.7
III. Necessity Of A Franks Hearing
On the basis of alleged omissions from the warrant affidavit, appellant requested a Franks hearing. The district court refused to hold such a hearing and denied appellant's motion to suppress.8
In Franks, the Supreme Court stated explicitly what is required for a hearing:There is, of course, a presumption of validity with respect to the affidavit supporting the search warrant. To mandate an evidentiary hearing, the challenger's attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. The deliberate falsity or reckless disregard whose impeachment is permitted today is only that of the affiant, not of any nongovernmental informant. Finally, if these requirements are met, and if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required. On the other hand, if the remaining content is insufficient, the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing.
Franks, 438 U.S. at 171-72, 98 S.Ct. at 2684-85 (footnote omitted). Material omissions may also be the basis for a Franks hearing. Paradis, 802 F.2d at 558.
A district court's determination that a defendant has not made the requisite showing warranting further exploration will be upheld unless clearly erroneous. See United States v. Southard, 700 F.2d 1, 10 (1st Cir.) (citing United States v. Cruz, 594 F.2d 268, 272 (1st Cir.), cert. denied, 444 U.S. 898, 100 S.Ct. 205, 62 L.Ed.2d 133 (1979)), cert. denied, sub nom. Ferris v. United States, 464 U.S. 823, 104 S.Ct. 89, 78 L.Ed.2d 97 (1983).
Here, we will assume that the omissions must have been made either knowingly or at least recklessly, since the officer who signed the affidavit was a member of the group that obtained the information directly from Nassoura.9 Cf. United States v. Mastroianni, 749 F.2d 900, 909-10, n. 8 (1st Cir.1984) (finding no knowing or reckless disregard for truth when a snafu occurred due to delayed communications between investigators connected with different governmental agencies). The real issue is whether, even had the omitted statements been included in the affidavit, there was still probable cause to issue the warrant. Appellant contends that the affidavit should have included Nassoura's original denials of his involvement, his subsequent statement that he knew appellant was up to no good and Nassoura's criminal record and that if it had contained this information there could be no finding of probable cause. We disagree.
Nassoura's denials of involvement were made, predictably, before he was confronted with evidence linking him to the robbery. Once the police gathered enough information to arrest Nassoura, he changed his story. That the police chose not to include Nassoura's denials along with the reason for his recantation is not material to a finding of probable cause. Nassoura's credibility was not undercut merely because he made predictable denials until the police could produce evidence linking him to the robbery.
Nassoura's subsequent statement that he knew that appellant was up to no good when he drove him to the robbery site does not materially alter the crucial fact that, whatever Nassoura's knowledge of appellant's intent, he nonetheless drove appellant to the scene and watched him rob the victim.
Finally, the inclusion of Nassoura's criminal record would not have altered the finding of probable cause. First, it is probable that having a criminal record would explain in part why appellant asked Nassoura to participate in the robbery. Second, appellant does not contend that Nassoura's crimes were ones involving perjury or false statements. A criminal record, no matter how lengthy, does not necessarily impugn one's veracity. And Nassoura's criminal record has no bearing on his intimate knowledge of the crime.
Although this is not a case where the affidavit was supported by police corroboration, Paradis, 802 F.2d at 558, it is also not a case where the magistrate was misled into believing two people were one, United States v. Curry, 751 F.2d 442, 449-50 (1st Cir.1984). We do not find the district court's determination that no Franks hearing was required to be clearly erroneous. We are not persuaded that appellant has made a preliminary showing that the omissions were material. There was, therefore, no reason to hold a Franks hearing.
IV. Sufficiency Of The Evidence
A conviction under Sec. 1202(a)(1) requires proof of three elements: (1) the accused is a convicted felon; (2) who knowingly possessed a firearm; (3) which was connected with interstate commerce. See United States v. Robinson, 756 F.2d 56, 58 (8th Cir.1985). On appeal, appellant does not challenge his prior conviction or that the handgun travelled in interstate commerce. Rather, he contends that he did not knowingly possess the handgun.
The standard of review is firmly established.
"Our standard of review with respect to challenges to the sufficiency of the government's evidence is whether, taken as a whole and viewed in the light most favorable to the government, the evidence and all legitimate inferences therefrom would allow a rational trier of fact to find guilt beyond a reasonable doubt." United States v. Molinares Charris, 822 F.2d 1213, 1218 (1st Cir.1987) (quoting United States v. Luciano Pacheco, 794 F.2d 7, 10 (1st Cir.1986)).
United States v. Mateos-Sanchez, 864 F.2d 232, 238 (1st Cir.1988).
At trial, appellant admitted that the gun was found in his coat in his closet. He also admitted to having twice found the gun in the house he occupied. This was more than sufficient evidence from which a jury could infer appellant's constructive knowing possession of the weapon. That the government could not rebut appellant's and Harmon's exculpatory explanation does not undercut a finding of guilt; credibility and reasonable inferences to be drawn from the evidence are wholly within the jury's dominion.
The provision calling for heightened penalties for thrice convicted felons who possess firearms is a sentence enhancement provision and not an element of a crime. The omissions from the police affidavit were not material to a finding of probable cause. There was sufficient evidence to convict the defendant on the charge brought.
Having found against appellant on all issues, his conviction and sentence are
Of the District of Massachusetts, sitting by designation
This section provided in pertinent part:
Any person who--
(1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony,
and who receives, possesses, or transports in commerce or affecting commerce, after the date of enactment of this Act, any firearm shall be fined not more than $10,000 or imprisoned for not more than two years, or both.
This section was repealed effective after the date of defendant's alleged infraction. The relevant passage was reenacted in broader form and recodified at 18 U.S.C. Sec. 922(g).
The indictment read in full:
The Grand Jury charges:
On or about November 3, 1986, in the District of New Hampshire, the defendant, ARTHUR W. RUMNEY, having been convicted on May 28, 1974, in federal District Court, District of New Hampshire, of Bank Robbery and Conspiracy, in violation of United States Code, Chapter 18, Section 2113(a), (b), (c) and (d), and Section 371, a felony punishable by imprisonment for a term of more than one year, did knowingly possess a firearm, to wit: an F.T.L., .22 caliber pistol, model Auto Nine, serial number 04465, which had been shipped and transported in interstate commerce;
In violation of Title 18, United States Code, Appendix II, Section 1202(a)(1).
Appellant offered to stipulate to this conviction, but the government refused. During his cross-examination, appellant was successful in keeping from the jury references to his other prior convictions. Appellant does not challenge the propriety of the government not stipulating to his 1974 conviction
Appellant and Harmon claimed that they found the gun when they moved into the house. Appellant told Harmon to get rid of the gun since he was a felon and could not have one. Harmon, however, hid the gun under a closet ramp and forgot about it. Thereafter, appellant and Harmon's youngest son found the gun. Appellant then stressed to Harmon that she must get rid of the gun since he was not allowed to have one. Once again Harmon hid it--this time in the pocket of appellant's coat. Although Harmon used the other pocket of appellant's coat (a coat which he wore only once) to store change and occasionally thought of the gun when she did so, she never disposed of it. Appellant claimed he did not know the gun was still in the house at the time the police found it
On cross-examination, Harmon was impeached by her own statements to the police both during the search and a few days later that she knew nothing of the gun.
This provision reads in pertinent part:
In the case of a person who receives, possesses, or transports in commerce or affecting commerce any firearm and who has three previous convictions by any court referred to in paragraph (1) of this subsection for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under this subsection, and such person shall not be eligible for parole with respect to the sentence imposed under this subsection.
This section was repealed; it has been reenacted in broader form and recodified at 18 U.S.C. Sec. 924(e)(1).
The recodification of this provision at 18 U.S.C. Sec. 924 has eliminated the first and last points by denoting that section as "Penalties" and by now explicitly linking the enhanced penalty of Sec. 924(e)(1) to a violation of Sec. 922(g). See also United States v. Affleck, 861 F.2d 97, 98-99 (5th Cir.1988) (holding Sec. 924(e)(1) to be a sentence enhancer); United States v. Dickerson, 857 F.2d 414, 416-18 (7th Cir.1988) (same)
Appellant has not challenged that he has in fact been convicted of three burglaries or robberies
The substantive paragraph in which the court denied appellant's motion reads in full:
Viewed in the totality of the circumstances, however, it appears, and I so find, that the statements of Nassoura, whether equated with omissions or treated as misrepresentations, do not meet the preliminary requirements of Franks v. Delaware, supra, so as to mandate either a hearing or suppression of the evidence at issue. Before a Franks hearing is warranted, the defendant has "the burden of making a substantial preliminary showing (1) that a false statement in the affidavit has been made knowingly and intentionally, and (2) that the false statement is necessary for a finding of probable cause." United States v. Paradis, 802 F.2d 553, 558 (1st Cir.1986). I find and rule that no such preliminary showing has here been made, that a hearing is not required, and that the motion to suppress must be and accordingly is herewith denied.
The affidavit refers to the affiant in the plural "we" although it was signed by only one officer
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Front Page Feature
Beto O’Rourke visits San Antonio one day after announcing gubernatorial candidacy
Bella Nieto
Bella Nieto, News Editor
Beto O’Rourke, former senate and presidential candidate, officially announced his candidacy for governor on Nov. 15. The next day, O’Rourke kicked off his campaign by visiting San Antonio, joining an event hosted by the San Antonio Chapter of Communications Workers of America.
In the city he called the “hospitality capital of Texas,” O’Rourke took a special interest in celebrating essential workers and their efforts during the pandemic.
“We have an opportunity, all of us together, not as Republicans, not as Democrats, but as Texans to be there for one another. To make sure we get back to focusing on the big things like making sure that those frontline workers, who put their lives on the line for all of us — whether you work in healthcare or hospitality — you showed up to work every day to make sure this state and this country could keep working,” O’Rourke said.
“Now I want to make sure that we have your back, that you are paid a living wage, that you can see a doctor, and fill a prescription, and you can count on the fact that educators in public schools are paid their true worth and value, so they can deliver world-class education to every child in the state. Uniting together to tackle big issues gets us past the division.”
O’Rourke emphasized the need for bipartisanship and unity to create a movement on initiatives that, he felt, were common sense.
“Then we make progress on things that all of us agree on like expanding Medicaid, bringing tens of billions of dollars into communities like San Antonio, making sure that people can see a doctor and for any that are sick and tired of property tax bills … we bring those down as we ease the pressure by bringing in federal money. That makes a lot of sense to me,” O’Rourke said.
San Antonio Mayor Ron Nirenberg made a guest appearance at the event despite his aversion to partisan politics. Nirenberg implied his support of O’Rourke’s main imperative: working for and with Texans.
“We thank you for being a friend to our city. We have a lot of work to do up in Austin, don’t we?” Nirenberg said. “We’ve been pulling together to get through, and here we are today to support somebody who we know is going to be working with us instead of against us.”
After losing to Republican Sen. Ted Cruz in 2018, O’Rourke also entered the 2020 presidential race, but later dropped out. Despite his failed attempts at victory, O’Rourke shared what he had learned from his ventures.
“What I have learned is that it’s all about the power of people. If you let it be about the candidate or their political party, I don’t know that you’re going to win a statewide race in Texas,” he said. “You got to make it about what’s most important to the people that you want to serve.”
“What is most important is I trust you. You know better than anyone what’s most important for your family, for your kids, for your grandkids and I want to be your partner in this race. I don’t come here to tell you what I am going to do, I come here to seek partnership and collaboration and find out how we are going to bridge these divides and get Texas back on the right track,” O’Rourke said.
O’Rourke’s statement also included a call to action for his supporters.
“Just to be clear — retweeting what I post on Twitter isn’t enough, posting on Facebook is nice, but it is not enough to win the election. I am going to ask you to knock on the doors of complete strangers and have conversations about one of the two things you should never talk about with strangers: and that’s politics,” O’Rourke said. “I am going to ask you to make phone calls, to contribute whatever you can to make sure we can reach every single person in Texas. We are not giving up on Republicans … they are welcome in this campaign. You cannot be too rural, too big city, too border, too blue, too red for this campaign: we are about everyone. We are doing this for everyone in Texas.”
O’Rourke ended with a promise to put his full effort behind his campaign and with his supporters.
“I want you to know that I am with you. It is so encouraging to see so many people out here on the second day of the campaign,” O’Rourke said. “I promise you I will give this campaign, this race, this effort all of my being. It is the honor of my life to be in this with you.”
beto o'rourke
Bella Nieto, Managing Editor
Bella is a second-year political science major. She has a passion for learning, helping and connecting with others and thinks writing is one of the best...
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Romania » State Apparatus
According to Romanian law, all central and local state institutions were subordinated to the party and its leadership and were requested to follow the party policy in all domestic and foreign matters. The same people were usually rotated around the seats not only of the party’s executive bodies but of different state institutions as well. In the late 1960s and during the 1970s, specialists in different institutions were asked to draw up studies and to gather information on the European Economic Community (EEC) and its impact on Romania’s economic interests, and to propose the best course of action for Romania to take to secure its interests. Diplomats and commercial experts in Romanian embassies and economic agencies abroad, foreign trade specialists in the Ministry of Foreign Trade and the Ministry of Foreign Affairs, experts in international finance or international law in the Ministry of Finance, the Ministry of Justice and the National Bank, economists in different economic ministries, the State Planning Committee and the Chamber of Commerce were asked to bring their inputs on the matter. As Romania’s relations with the ECC involved many different fields, specialists from various institutions (the Ministry of Light Industry, the Ministry of the Chemical Industry, the Ministry of Transportation, the Ministry of the Metallurgy Industry, the Ministry of Agriculture and Food, the Governmental Commission of Economic and Technical Collaboration and Cooperation, the State Planning Committee and the Institute for the Study of the International Economic Situation, etc.) were involved in the process. Proposals were often drafted jointly by specialists in several ministries who had similar or overlapping competences. For instance, the Ministry of Finance, Ministry of Foreign Trade, Ministry of Foreign Affairs, National Bank of Romania and the Romanian Bank for Foreign Trade were all involved in making proposals regarding Romania’s legislation on foreign trade and financial relations with foreign entities.
From Romania’s embassy in Rome, Cornel Burtică argued that Romania should consider concluding technical agreements on products with the EEC Commission, following the examples of Poland and Bulgaria, rather than insisting on concluding bilateral agreements with the EEC’s member states. Similar proposals were also made by diplomats and economic experts in Brussels (Alexandru Lăzăreanu, Andrei Șerban and Ștefan Niță), who, however, took a step forwards and argued that Romania should approach the EEC at two levels: through bilateral contacts with EEC member states and through direct contacts with its institutions.
In November 1970s, drawing on reports and information gathered from different channels, Cornel Burtică (now Minister of Foreign Trade), Corneliu Mănescu (Minister of Foreign Affairs) and Ion Pățan (Vice President of the Council of Ministers) jointly signed Romania’s strategy towards the EEC. This proposal envisioned three actions: establishing direct relations with the EEC institutions; appealing to different international organisations, such as the GATT or UNCTAD, to support Romania’s EEC-related goals; and blocking any attempt by the Council for Mutual Economic Assistance (CMEA) at formulating a common policy towards the EEC. Within the CMEA, Romania’s representative Gheorghe Rădulescu argued that relations with the EEC had to be carried out at two levels: direct relations between each CMEA member state and the EEC institutions to address concrete problems, and contacts between the CMEA Secretariat and the EEC institutions to create a general favourable context to allow direct relations between CMEA states and EEC institutions.
Besides its complete subordination to the party, another characteristic of the Romanian state apparatus lay in its continual reformation and restructuring. The structure of the government often changed: new ministries were created, former ministries were merged, commissions and committees were established, legislation was adopted or revised. Moreover, the competences of one institution often overlapped with the competences of another, which created additional problems in a system that was already highly bureaucratic. The decision-making process was hierarchically organised. Low-level experts or groups of specialists from different institutions made proposals on general or specific matters. These proposals were then analysed, revised and approved by deputy directors, directors, deputy ministers or ministers. A vice-president of the Council of Ministers could follow in the chain of decisions and then a secretary of the Central Committee. The final decision would belong to the Permanent Presidium of the Executive Committee of the Central Committee of the party and particularly to Nicolae Ceaușescu himself, who could accept, reject or indicate revisions of the proposals received.
Note regarding Romania's relations with the Common Market member states after 1 January 1975
AMAE, Fond 1974, File 5845/1974, p. 62-66 | 04/01228/31.12.1974
Study: The Common Market
AMAE, Problem 241/2C52/1968, Common Market, vol. I, p. 16-81 | 45/26.01.1968
It presents the EEC's evolution and makes proposals regarding Romania's policy towards the Common Market. - Available only in the Archive: https://www.mae.ro
Telegran to Cornel Burtică Minister of Foreign Trade) and George Macovescu (Minister of Foreign Affairs)
AMAE, Problem 241/2C52/1969, Belgium, p. 25-32 | 19338/20.09.1969
It reports on the sesssion of the EEC's Council from 15 September 1969. Makes proposals regarding Romania's approach to the EEC. - Available only in the Archive: https://www.mae.ro
Telegram, George Elian to the Ministry of Foreign Affairs
AMAE, Problem 241/2C52/1969, Belgium, p. 73-77 | 32397/02/12.1969
Reports on the EEC meeting at the Hague from 1-2 December 1969. - Available only in the Archive: https://www.mae.ro
Alexandru Lăzăreanu
Constantin Oancea
Constantin Stanciu
Dimitrie Stănescu
Dragoș Șerbănescu
Eugen Mateescu
George Elian
Gheorghe Cioară
Ion Stanciu
Ion Oancea
Iosif Pățan
Iulian Văcărel
Mihail (Iacobi) Florescu (Iancu)
Neculai Agachi
Nicolae (Nae) Dumitrescu
Radu Constantinescu
Romulus Neagu
Teodor Vasiliu
Tiberiu Petrescu
Vasile Gliga
Șerban Andrei
Ștefan Niță
Ștefan Stancu
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What is beyond the universe?
Is our universe in a black hole?
Is time Travelling possible?
Is there an end to the universe?
How was space created from nothing?
Does space go on forever?
Can a wormhole exist?
What is a white hole in space?
Will the universe be reborn?
What did Einstein say about time travel?
How is time an illusion?
How long will the universe exist?
Do black holes exist?
Who created universe?
What is the big BNAG theory?
Why is space black?
How cold is space?
Can you survive a black hole?
How many dimensions are there?
What would happen if a black hole hit a white hole?
What happen when 2 black holes collide?
How did time start?
How will universe end?
Are there multiple universes?
Scientists now know the universe is expanding, at an ever-increasing rate. … Defining this “beyond the universe” would imply that the universe has an edge. And that’s where things get tricky, because scientists aren’t certain if such a drop-off exists.
Keeping this in consideration, Where is end of universe? The end result is unknown; a simple estimation would have all the matter and space-time in the universe collapse into a dimensionless singularity back into how the universe started with the Big Bang, but at these scales unknown quantum effects need to be considered (see Quantum gravity).
The birth of our universe may have come from a black hole. Most experts agree that the universe started as an infinitely hot and dense point called a singularity. … It is, in fact, and some physicists say they could be one and the same: The singularity in every black hole might give birth to a baby universe.
In Summary: Yes, time travel is indeed a real thing. But it’s not quite what you’ve probably seen in the movies. Under certain conditions, it is possible to experience time passing at a different rate than 1 second per second.
Scientists now consider it unlikely the universe has an end – a region where the galaxies stop or where there would be a barrier of some kind marking the end of space. But nobody knows for sure.
The Universe as we observe it today began with the hot Big Bang: an early hot, dense, uniform, … … Perhaps, according to cosmic inflation — our leading theory of the Universe’s pre-Big Bang origins — it really did come from nothing.
Many think it’s likely you would just keep passing galaxies in every direction, forever. In that case, the universe would be infinite, with no end. … Scientists now consider it unlikely the universe has an end – a region where the galaxies stop or where there would be a barrier of some kind marking the end of space.
In the early days of research on black holes, before they even had that name, physicists did not yet know if these bizarre objects existed in the real world. The original idea of a wormhole came from physicists Albert Einstein and Nathan Rosen. …
A white hole is a bizarre cosmic object which is intensely bright, and from which matter gushes rather than disappears. In other words, it’s the exact opposite of a black hole. But unlike black holes, there’s no consensus about whether white holes exist, or how they’d be formed.
The universe could bounce through its own demise and emerge unscathed. A new “big bounce” model shows how the universe could shrink to a point and grow again, using just the cosmic ingredients we know about now.
For example, physicist Albert Einstein’s theory of special relativity proposes that time is an illusion that moves relative to an observer. An observer traveling near the speed of light will experience time, with all its aftereffects (boredom, aging, etc.) much more slowly than an observer at rest.
According to theoretical physicist Carlo Rovelli, time is an illusion: our naive perception of its flow doesn’t correspond to physical reality. … He posits that reality is just a complex network of events onto which we project sequences of past, present and future.
22 billion years in the future is the earliest possible end of the Universe in the Big Rip scenario, assuming a model of dark energy with w = −1.5. False vacuum decay may occur in 20 to 30 billion years if Higgs boson field is metastable.
Black holes of stellar mass form when very massive stars collapse at the end of their life cycle. After a black hole has formed, it can continue to grow by absorbing mass from its surroundings. … There is consensus that supermassive black holes exist in the centers of most galaxies.
Many religious persons, including many scientists, hold that God created the universe and the various processes driving physical and biological evolution and that these processes then resulted in the creation of galaxies, our solar system, and life on Earth.
The big bang is how astronomers explain the way the universe began. It is the idea that the universe began as just a single point, then expanded and stretched to grow as large as it is right now—and it is still stretching!
Because space is a near-perfect vacuum — meaning it has exceedingly few particles — there’s virtually nothing in the space between stars and planets to scatter light to our eyes. And with no light reaching the eyes, they see black.
Far outside our solar system and out past the distant reachers of our galaxy—in the vast nothingness of space—the distance between gas and dust particles grows, limiting their ability to transfer heat. Temperatures in these vacuous regions can plummet to about -455 degrees Fahrenheit (2.7 kelvin).
Basically, it could be theoretically possible (but probably not very likely) to survive a trip into a massive black hole, and some scientists predict some forms of alien life might even live inside the Cauchy horizon. However, you should say goodbye to everyone you know and love, because this move is permanent.
The world as we know it has three dimensions of space—length, width and depth—and one dimension of time. But there’s the mind-bending possibility that many more dimensions exist out there. According to string theory, one of the leading physics model of the last half century, the universe operates with 10 dimensions.
The mass the white hole is expelling is also being turned into energy for the black hole. … So if a white hole and black hole collided, we’d have a massive black hole roaming around the Universe, destroying everything in its path.
It is possible for two black holes to collide. Once they come so close that they cannot escape each other’s gravity, they will merge to become one bigger black hole. Such an event would be extremely violent. … These ripples are called gravitational waves.
This article is more than 2 years old. In a hypertorus model of the Universe, motion in a straight line will return you to your original… [+] If time is like a torus, it may be cyclical in nature, rather than having always existed or coming into existence a finite amount of time ago.
Astronomers once thought the universe could collapse in a Big Crunch. Now most agree it will end with a Big Freeze. … Trillions of years in the future, long after Earth is destroyed, the universe will drift apart until galaxy and star formation ceases. Slowly, stars will fizzle out, turning night skies black.
As it stands, the multiverse exists outside our current scientific understanding of reality. … This means that our Universe could be just one tiny universe in a much larger multiverse where many, possibly even infinite universes, are contained.
Can I hyphenate my child’s last name?
Hard stomach
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Home Community Atlanta’s Treasured Gem
Atlanta’s Treasured Gem
By Mikkel Hyldebrandt
She is known as the drag mother to us all and Atlanta’s favorite charity queen – and this year she is celebrating her 20th anniversary as the hilarious and illustrious Ruby Redd!
For twenty years Raymond Matheson, better known as the camp queen Ruby Redd, has strutted across the stage in drag with the primary purpose of supporting local charities and nonprofits, so they would get well-deserved attention and donations – something that she to this day instills in new drag talent that wants to get a start in the city and her shows. Her signature style of drag may come off as less polished to some, but her firm belief in staying true to yourself and that no style of drag is wrong, has made her a mainstay and trademark of the Atlanta drag scene since she dressed up for a Halloween party as Ruby for the first time two decades ago. We sat down and talked beginnings, inspirations, challenges, and charity with Ruby Redd.
Tell us a little bit about how Ruby came to be.
There was a place called Tully’s on Tenth across from Blake’s where Jason’s Deli is now. I was one of the managers, and we did a Halloween contest for patrons and employees, and I dressed up in the wig and the waitress uniform, and they were calling me Fraulein Ruby because of my German background. Shortly after that, I was at the Red Chair, where Ruby Redd was invented. For Sunday brunch, I would go up on the street corner with a sign saying ‘Red Chair Now Serving Brunch,’ and the manager named me Ruby Redd and it just stuck. I then started doing little gigs at the old Metro, Backstreet, Armory, Blake’s, and Burkhart’s, and it just caught on.
What inspired Ruby’s distinctive look?
The inspiration comes from my grandmother Vona and even more from my two aunts, Sybil and Hazel. The red hair, the way too much makeup, dousing themselves on cologne, the gaudier, the better outfits the. And how can you not draw some sort of comedy from the names Vona, Sybil, and Hazel! I used to do the blue eyeshadow and the pin cheeks – like an old-time small-town waitress at a diner. My look has changed, since twenty years ago when I started doing it. I shaved and plucked and did all that back then, but it was a losing battle for a bear in a dress. Back then I was told I couldn’t have a beard, but I started to realize that it is true what RuPaul says that we’re all born naked and the rest is drag, and I thought to myself that I don’t have to conform to everyone else’s way of drag. I can just be me. So when I got back from a vacation with a full beard, I didn’t shave because I was going out of town for a bear event next week – and I just went out there with the beard and people loved it. I did get a lot of flak from some of the other queens in the city at the time, and now it’s kind of a thing! I’m not saying it’s all because of me, but it’s definitely a thing.
How would you describe your style of drag?
Just campy and fun. And charity is very important to me because it runs in my family. So like a fun, camp queen who wants to raise money for charity, and if I can make a few dollars along the way, then great! I feel like drag queens have a certain responsibility, and for someone like me who has been doing it for 20 years, I feel like I owe something back to the community. They’ve kept me around for 20 years, and it’s been an absolute blast, so the least I can do is show up to a charity event.
You have become a drag queen mainstay in the Atlanta community – where has 20 years in drag taken you?
I have done shows just about everywhere and at all the bars throughout Atlanta and Georgia and beyond. I ‘m at Midtown Moon, which I consider my home bar, where I host Birdcage Bingo every Wednesday night for charity, and in December it’ll be our tenth anniversary! If we keep up our good rate, we’ll be hitting over a $100,000 we’ve raised. Then we have Ruby’s Redd Light District on Saturday night, which is an early show at 8:30 pm, which I like because people can lounge around with a drink and take it all in. And then we do the Heifer review Sundays at Joe’s on Juniper at 1 pm, and afterward, we have the Heifer Stampede afterparty. And now we’re already going into the Holiday season which means I’ll be doing a bunch of stuff with the Sisters, the Rainbow House Coalition, and Joining Hearts.
You have an impressive lineup of events and parties behind you – and they all share the common trait that they somehow benefit and give back to the community. Why is that so important to you?
These different organizations like Rainbow House and Lost-n-Found they want to get their name out there and get the recognition to get that money, and even in my darkest days or when I think I’m broke, or can’t afford this and that, I just think of how petty it is. I see homeless youth on the streets, or our trans community being murdered, or kids being kicked out of their childhood homes for being gay, and I look at my life, and I feel pretty lucky. I was pretty blessed growing up with a family that always instilled in me that you should give back when you can. Yeah, it’s nice blowing money on things and taking that trip to Paris – you should be able to treat yourself and take care of yourself – but also look around in your community and take care of people there too. My philosophy for when I perform is to say to people that for a moment forget your troubles and enjoy yourself with a drink, and hopefully, I can give that to people – and raise some money and help relieve someone else’s pain in the process.
Your Birdcage Bingo is one of the longest-running bingo events in the city, but it has experienced a bit of a rocky road in the past few years. Tell us about that.
It started at the Mellow Mushroom Midtown, and after a while, it ran it to some problems because they wanted it to be ‘family-friendly,’ and maybe they were worried about appearances for the straight crowd. So when they suggested taking the winter off, I thought this was a good time to make a move, so I talked to the Hideaway, and it worked out with them, and we were there for seven years. When we left the Hideaway, it was mostly because I and the girls wanted to make it more of a production with lights and music, and it just wasn’t set up for that. I’m very grateful that we had that spot for so many years and it worked out beautifully, and everyone was very supportive, but when an opening came up at Midtown Moon, I just had to take it. It is set up for a bigger show with the music and lights and different rooms. We have a bigger crowd, and I feel like people tip more and perhaps even enjoy the show more now that there is a stage and special effects. And Marco is amazing, and he is so supportive, so it’s been a very good and positive move.
Few other cities have such a great drag presence as Atlanta – why do you think that is?
Because it’s a large city, and it has one of the largest gay populations in the country, so it’s the location. People strive to be here. And it’s just fun! I mean if you are young and new to the city, what a fun way to meet everybody in the city.
What is the current status of the Atlanta drag scene?
I think it is bustling, but it is also going through changes. The nightlife is changing and with it the drag scene. I feel fortunate that people still want to have me around, but in order to keep up, you have to humble yourself and be willing to change. You never rely on a status quo, and you have to be able and prepared to rethink new ways. All the bars that are doing drag are doing an incredible and impeccable job, and they even manage to put a little different flavor to their drag in the different parts of the city. Nobody’s drag is wrong, and everybody is going to grow into their own. There’s no right or wrong in how you look or perform; If you are having a good time, then that’s how it’s supposed to be. And that is what makes Atlanta a big drag capital, and I think it always will be.
Tell us about your Pride lineup of events – where can people experience Ruby Redd?
I’ve got VIP tickets for the park so I can come and go. We are doing supersized shows and events all Pride week at Midtown Moon, which we kick off Wednesday night with a special edition of bingo. Unless I get picked up by the Other Show on Friday, I have Ruby’s Redd Light District Saturday with a big Pride show, and then Sunday me and all the girls will be in the parade. After the parade, we will have the stampede afterparty at Midtown Moon – and maybe a little show too, but we’ll see about that! So I get to do enjoy Pride this year doing what I love!
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Mom Arrested For Allegedly Poisoning Infant with Teaspoon of Salt to Get Estranged Husband's Attention
The child was rushed to the hospital on Sunday and died Wednesday
By Harriet Sokmensuer Updated August 05, 2016 10:15 AM
Credit: Spartanburg County Sheriff's Office
A South Carolina mother is charged with homicide by child abuse for allegedly causing her infant’s death by salt poisoning – by feeding her infant a teaspoon of salt, PEOPLE confirms.
Kimberly Nicole Martines, 23, was arrested and charged with felony child abuse in the death of her 17-month-old daughter, Peyton, who suffered acute intoxication of salt. The child allegedly was rushed to the hospital on Sunday and died Wednesday after being placed on life support, according to an indictment obtained by PEOPLE.
Authorities allege Martines poisoned her child to get “attention” from her husband.
Lt. Kevin Bobo of the Spartanburg County Sheriff’s Office tells PEOPLE that Martines was allegedly “trying to get her estranged husband’s [attention] to come back home.”
Medical staff alerted authorities of the amount of salt in Peyton’s system, and further investigation allegedly revealed that Martines had fed the baby a teaspoon of salt.
• Want to keep up with the latest crime coverage? Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter.
Martines allegedly told authorities she brought the baby to the hospital when she was woken up by her crying, the indictment states. She allegedly said the baby was hot and appeared to be having seizures, and said she called EMS immediately, according to the indictment.
According to the indictment, in November 2015, the baby’s pediatrician was concerned with her slow weight gain and developmental delays. Martines was referred to two other doctors, but she allegedly canceled the first appointment with one doctor and never showed up to the second.
Martines has two other children currently in the care of the Department of Social Services.
If convicted, Martines could serve 20 years to life, according to the indictment. It was not known whether or not Martines had an attorney at press time. She has not yet entered a plea.
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Over the last two months, the NYPD Intelligence Bureau and nationwide NYPD Operation SENTRY partners have observed numerous tactics—reflecting varying degrees of complexity—employed by anti-government extremists and violent actors targeting law enforcement amid ongoing civil unrest. Operation SENTRY is a program of the NYPD Intelligence Bureau in which hundreds of law enforcement agencies across the United States share information and investigative leads about terrorism and other threats.
The threats and tactics cited in the new report include physical targeting of officers, patrol vehicles, personal residences, and property, as well as virtual targeting through posting personal information online and cyber threats. “Recent incidents and threats targeting police officers in New York City and across the U.S. underscore the need for all uniformed members of the service to exercise increased vigilance both on- and off-duty,” the assessment states.
Click here to view the NYPD’s Tactical Assessment: https://www.policeforum.org/assets/NYPDTacticalAssessment.pdf
PERF Executive Director Chuck Wexler spoke with Deputy Chief John Hart of the NYPD Intelligence Bureau about the report:
Chuck Wexler: Some of the risks detailed in your new report, such as fireworks and Molotov cocktails, are threats that police officers haven’t faced in recent memory.
Deputy Chief Hart: Yes, we haven’t seen these sorts of threats recently. We’ve seen things thrown off rooftops. The direct violence towards officers associated with protests is unprecedented.
Wexler: Have there been any particular targets in New York?
Deputy Chief Hart: I think we saw an effort to replicate what was happening in Minneapolis. Protesters saw the arson and the attack on the precinct there. On the night of Friday, May 29, there was an effort to take over the 88th Precinct in Brooklyn, which we were able to stop just in time. That was followed roughly two hours later by two Molotov cocktail attacks by two different sets of actors. One was into an occupied police van, and the other was into an unoccupied police vehicle at the 88th Precinct. It was really any police target that they could act on with a degree of impunity and hope to get away.
Wexler: What are the lessons learned for the future?
Deputy Chief Hart: The list is long, and we’re in the midst of an extensive after-action review of how we policed everything from the beginning. Our level of investigation into some of these more left-wing groups was limited. Like many police departments and federal agencies, we had been more focused on the right-wing groups, such as white supremacists and anti-Semitic groups.
We’re looking at how we deploy our personnel and where we park our cars. Our vehicles were strewn about. We’re a large organization and bring in officers from all over the city, so we’re thinking about how we get them there. Do we use buses? Do we put them on the subway to get back and forth to a protest?
We’ll look at how close we allow our officers to be to violent protesters. I stood in Union Square Park on the third night of this, and we were barraged by glass bottles, frozen water bottles, and things of that nature for two and a half hours. At that point we decided to monitor protests but not make the cops the show. We want to make sure we have a good fix on the protest and where it’s going, but avoid that line of confrontation when we can. That takes away the visual and de-escalates the violence. But obviously it’s difficult to avoid confrontations when people are trying to take over a building, like in Portland, Seattle, and other places.
Here in New York we don’t use tear gas, so you won’t see that like you’ve seen in other places. We have more personnel and the ability to do things without using tear gas. When you’re a smaller department, you may be forced to use other tactics to keep the cops safe and stop violent protesters from accomplishing their mission.
Wexler: Does not using tear gas create additional challenges?
Deputy Chief Hart: I can’t remember the last time I saw tear gas used in any manner in New York City. It requires very high-level approval. So it is available for use, but we do not use it.
We are a very densely populated city, so when you have protests, there are often a lot of uninvolved people trying to go about their lives right around the protesters. The chances of uninvolved people being injured or affected is just too great here.
That probably leads to a more physical response from us. At protest scenes over the last 10 years, we’ve certainly had our share of those kinds of engagements, including the use of the asp and mace. We’ve learned from others. Our Strategic Response group uses bikes, shields, and other equipment based on strategies we’ve seen other cities use successfully.
So those are our options, and we just don’t think our city is set up in a way that would permit the use of tear gas.
Wexler: It seems that it only takes a few violent actors within a larger peaceful protest to wreak havoc.
Deputy Chief Hart: That’s correct. People who are looking to do nefarious things use tactics when they form up. They like to have peaceful protests that act almost as a protective wall. It doesn’t take a large number, but there’s a lot of planning and thought that goes into it.
We had protests here with 10,000 people and had no interest in any violent action. And they can be contentious with people from the anarchist side who were looking to be violent. I’ve walked through protests and heard large groups of people saying, “We’re not here for that. We don’t want that.”
Wexler: Is there anything else you’d like to add?
Deputy Chief Hart: There are a lot of various elements that went into the surge in demonstrations here. There are a lot of political efforts, whether it’s right-wing or left-wing. There are anti-COVID mask and pro-mask sentiments. People were stuck in their houses for three months and found what they believe to be a good reason to protest. I think all that played out, and we saw frustration and anger. The police became the target of a lot of different types of anger.
I would urge elected officials to use a lot more caution in how they support protests and act on these things, particularly with the rush to pass laws without careful consideration. We’re a department that’s built on reform and I think NYPD is known for that. And I think that’s true of a lot of police departments around the country.
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You are here: Platypus /Archive for tag Social Democratic party of Germany
On nationalism: An anti-fascist intervention
Jerzy Sobotta
Uli vom Hagen’s response to my article on the current state of the German Left engages in a remarkable apology for its nationalism, which results from its near complete failure to digest the dangerous policies of the German KPD of the 1920s and 30s. With his focus on the events of 1923 and his excitement for “National Bolshevism,” vom Hagen presents a highly symptomatic position informed by a gross conflation of nationalism and romantic-regressive anti-capitalism, which experienced its peak with the rise of European fascism and National Socialism in Germany.
Rosa Luxemburg’s legacy: A reply to Jerzy Sobotta
Uli vom Hagen
THE ASSUMPTION THAT ROSA LUXEMBURG’S CORPSE has significance for the state of the German Left, though perhaps not her body, is tempting. Luxemburg was a Polish socialist involved in a European socialist movement during a time when there was no sovereign Polish state. She was successively a member of the Social Democratic Party of the Kingdom of Poland and Lithuania, the German Social Democratic Party (SPD), and the Independent Social Democratic Party of Germany. As is well known, she also cofounded with Karl Liebknecht the Spartakusbund, and was briefly co-leader of the Communist Party of Germany (KPD). In 1918–19 the socialist revolution in Germany was betrayed by the SPD, which is responsible for Luxemburg’s murder. Her murder matters as the pure expression of precisely that revisionism that Luxemburg had so ably critiqued. However, Jerzy Sobotta, writing in Platypus Review 16 (October 2009), does not seem to be interested in this legacy of Rosa Luxemburg, the legacy of free thought and revolutionary Marxism.
Vicissitudes of historical consciousness and possibilities for emancipatory social politics today
Chris Cutrone
ACCORDING TO LENIN, the greatest contribution of the German Marxist radical Rosa Luxemburg (1871-1919) to the fight for socialism was the statement that her Social Democratic Party of Germany had become a “stinking corpse” as a result of voting for war credits on August 4, 1914. Lenin wrote this about Luxemburg in 1922, at the close of the period of war, revolution, counterrevolution and reaction in which Luxemburg was murdered.
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(-) Jennifer Ridings-Myhra, M.Ed. (1)
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(-) Michael Johnsrud, Ph.D. (1)
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Carolyn Brown, Ph.D., FAPhA (2)
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Hugh D. Smyth, Ph.D. (1)
John H. Richburg, Ph.D. (1)
Leticia Moczygemba, Pharm.D., Ph.D. (3)
Vicki Matustik (1)
(-) Jennifer Ridings-Myhra, M.Ed.
(-) John DiGiovanni, Ph.D.
(-) Karen Vasquez, Ph.D.
(-) Michael Johnsrud, Ph.D.
(-) Rueben A. Gonzales, Ph.D.
Vasquez Appears on BBC World Service to Discuss Z-DNA
Division Head and Professor of Pharmacology and Toxicology Karen Vasquez, Ph.D. appeared on BBC World Service's Science in Action to talk about Z-DNA. Dr. Vasquez's research focuses on DNA damage and repair, genomic instability, gene targeting, DNA structure and cancer therapeutics.
Ridings-Myhra Earns TSHP Distinguished Service Award
Assistant Dean for Experiential and Professional Affairs Jennifer L. Ridings-Myhra, M.Ed., R.Ph. is 2021's recipient of the Distinguished Service Award from the Texas Society of Health-System Pharmacists (TSHP). It is the highest honor TSHP can bestow on an individual.
Kompella Receives Fulbright Award for Postdoctoral Research
Division of Pharmacology and Toxicology researcher Pallavi Kompella, Ph.D. has received a Fulbright U.S. Scholar Program award to research at the Biomedical Research Institute of Málaga in Spain.
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What are the economic strength of Philippines?
Is the economy of the Philippines good?
What is an economic strength?
What are the weaknesses of the Philippines?
Is the Philippines a third world country?
Why Philippines is still a poor country?
Why Philippines is still a third world country?
Is Philippines richer than India?
How do you measure the strength of the economy?
Amidst rising global uncertainty and inflationary pressures, the Philippine economy is poised to remain strong and is projected to grow at 6.5 percent in 2018, 6.7 percent in 2019, and 6.6 percent in 2020.
The Philippines is ranked 12th among 40 countries in the Asia–Pacific region, and its overall score is above the regional and world averages. The Philippine economy remained in the ranks of the moderately free this year.
In this angle, economic strength can be said to be the capability to meet the need of people for material and cultural wealth by itself, regardless of external uncertain environment, and this capability is expressed by economic foundation.
Inadequate infrastructure levels, low fiscal revenues (14% of GDP)
Governance shortcomings and high corruption perception.
High levels of income inequality, underemployment leading to expatriation.
Terrorism in the South of the country.
Strict bank secrecy and casinos that facilitate money laundering.
The Philippines is historically a Third World country and currently a developing country. The GDP per capita is low, and the infant mortality rate is high. Many of its citizens lack access to health care and higher education as well.
THIS IS IMPORTANT: You asked: Can you use grab in Bangkok?
Other causes of poverty in the Philippines include low job creation, low economic growth and high levels of population growth. … The high rates of natural disasters and large numbers of people living in rural areas contribute to this hunger problem and make food inaccessible for many in the Philippines.
There are many reasons why the Philippines is considered a Third world country. The country faces issues such as congestion, high poverty rates, high levels of crime, and corruption.
Philippines has a GDP per capita of $8,400 as of 2017, while in India, the GDP per capita is $7,200 as of 2017.
The standard way of measuring a country’s economic success is to look at per capita gross domestic product — the total output of goods and services divided by population. The more cars and computers produced and the more doctor visits and restaurant meals per person, the better the economy is thought to be doing.
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What radio was used in Vietnam?
Who is the leader of Indonesia today?
You asked: Is the Philippines close to Korea?
What can you do in Thailand for 10 days?
Is Vietnam getting rich?
What happened between Saudi and Thailand?
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PIA07728: Cassini's Sept. 7, 2005, Titan Flyby
Instrument: Imaging Science Subsystem
Produced By: Cassini Imaging Team
Primary Data Set: Cassini
Full-Res TIFF: PIA07728.tif (6 MB)
Full-Res JPEG: PIA07728.jpg (167.4 kB)
This map of Titan's surface illustrates the regions that will be imaged by Cassini during the spacecraft's close flyby of Titan on Sept. 7, 2005. At closest approach, the spacecraft is expected to pass approximately 1,075 kilometers (670 miles) above the moon's surface. This is Cassini's eighth flyby of Titan out of 45 flybys planned in the four-year tour.
The colored lines delineate the regions that will be imaged at differing resolutions.
Zooming-in closer to Titan than during its previous pass two weeks earlier, Cassini camera coverage again focuses on the region known informally as "the H." Some of the narrow-angle camera images Cassini takes during this close flyby will be composited into high-resolution mosaics, similar to PIA06222.
This encounter also should provide an excellent view of Bazaruto Facula and its central 80-kilometer-wide (50-mile) crater, seen in PIA06234.
The map shows only brightness variations on Titan's surface (the illumination is such that there are no shadows and no shading due to topographic variations). Previous observations indicate that due to Titan's thick, hazy atmosphere, the sizes of surface features that can be resolved are a few to five times larger than the actual pixel scale labeled on the map.
The images for this global map were obtained using a narrow band filter centered at 938 nanometers - a near-infrared wavelength (invisible to the human eye) at which light can penetrate Titan's atmosphere to reach the surface and return through the atmosphere to be detected by the camera. The images have been processed to enhance surface details.
The Cassini-Huygens mission is a cooperative project of NASA, the European Space Agency and the Italian Space Agency. The Jet Propulsion Laboratory, a division of the California Institute of Technology in Pasadena, manages the mission for NASA's Science Mission Directorate, Washington, D.C. The Cassini orbiter was designed, developed and assembled at JPL.
For more information about the Cassini-Huygens mission visit http://www.nasa.gov/cassini and http://saturn.jpl.nasa.gov
NASA/JPL/Space Science Institute
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Aerial view of the sunset clouds turned pink in the San Fernando Valley - Woodland Hills, Los Angeles, California, United States (US)
- Woodland Hills, Los Angeles, California, United States (US)
Downtown Los Angeles and the 110 freeway on a cloudy day - Downtown Los Angeles, Los Angeles, California, United States (US)
- Ogilby Road, Winterhaven, California, United States (US)
Dune buggies and ATVs race across desert dunes of sand - 40 Osborne Park Road, Brawley, California, United States (US)
- 99398 Sea View Drive, Mecca, California, United States (US)
Just a few clouds low on the horizon while the setting sun lights the sky purple
- 41351-42099 South Glenn Avenue, Coalinga, California, United States (US)
- Park @ Top of the Hill, Dunsmuir, California, United States (US)
- 193 East Division Street, Weed, California, United States (US)
- Everitt Memorial Highway, Mount Shasta, California, United States (US)
- 13003 Oregon 62, Eagle Point, Oregon, United States (US)
- 25382 Tiller Trail Highway, Days Creek, Oregon, United States (US)
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Oregon State University - INTO USA
COVID-19 update: This institution offers programs that will start online and continue on campus later.
Check out the What’s New section below for more information.
Department structure
Oregon State University (OSU) offers international students a top educational experience based in a prestigious Pacific Northwest U.S. institution.
Students can study a range of different pathway programs that help them progress to degree-level study at OSU. At the same time, they greatly enhance their English language and academic skills.
INTO in partnership with OSU offer one of the oldest and most integrated pathway programs in America. The university is committed to international education and student success and has a dedicated International Living-Learning Center. This is a dynamic hub for international student life and is where the INTO OSU Center is based.
OSU is a research-intensive university which was rated as the 41st U.S. Top Research University by Best College Reviews in 2020. It's an excellent institution for international students to start their careers, regardless of which subject area they choose. Degree programs incorporate plenty of work integrated learning and industry experiences, so students are ready to impress in the professional world.
OSU is home to more than 30,000 students with almost 4,000 international students coming from 112 countries. There are hundreds of clubs, societies and organizations to join, where students will meet many friends and enjoy student life outside of the classroom.
Corvallis is an exciting American location for international students. With tree-lined streets and colorful houses, students can enjoy authentic farm-to-table restaurants that provide a typical Pacific Northwest experience.
All essentials can be found close to campus and getting around the city is easy via foot, bike or the free bus network. Vibrant festivals are held throughout the year and twice a week there are markets where students can taste regional specialities.
Top-ranking university
Oregon State University has been named as the 58th Most Innovative School in America, and first in the Northwest by the U.S. News & World Report 2020. OSU has also earned the following awards.
Number 71 Top Public Schools in the U.S. News & World Report 2021
Top 15 percent Best Paid Graduates PayScale Salary Report 2019
Number 41 Top Research University Best College Reviews 2020
Number 153 in National Universities U.S. News & World Report 2021
The university's online degree provision, Ecampus, was named as the number five university in the nation for online bachelor's programs.
Committed to diversity
Oregon State University has been recognized for its dedication to diversity for the third year running. It received a Higher Education Excellence in Diversity Award from INSIGHT Into Diversity magazine, which celebrates colleges and universities that strive to provide a diverse and inclusive campus culture. Oregon State is the one of only two universities or colleges in Oregon to receive the award in 2020.
A number of pathway programs, undergraduate and postgraduate programs are available to study at Oregon State University, where international students can develop their skills and prepare for higher education study in America.
International Direct
International Direct students will enter their program as degree-seeking students while receiving the support needed for success such including a personalized study plan and individualized advising.
Direct Entry Postgraduate
Students who meet the necessary academic requirements (bachelor's degree) and English language proficiency level can apply directly to OSU to entry onto a postgraduate program at the university.
International Year One
Students earn degree credits while improving their academic and English skills. Students can take a pathway program adapted to their English proficiency levels (up to four terms) for entry onto their undergraduate program.
Undergraduate Transfer Program
Those who have already completed college or university courses and want to transfer to Oregon State University can take the Undergraduate Transfer Program, where they transfer their university credits.
Graduate Pathway Program
This program equips international students with the academic and language skills they need to study a master's degree. They will also prepare for GMAT/GRE tests, if required by the program.
Master's International Direct (available only for Computer Science and Electrical and Computer Engineering)
MID students are degree-seeking students who will benefit from the additional support provided to international students at OSU to help them adapt to studying in the US.
Students can develop their English language, academic and critical thinking skills.
Study Abroad With English
This is a unique program where international students can study Academic English courses, experience undergraduate-level courses and earn credits, all without having to enroll in a full degree program.
To be eligible for study pathway programs at Oregon State University, students need to meet a small number of entry requirements which are course and program dependent:
Academic requirements: high school diploma with a minimum GPA of 3.0 or equivalent and program-specific requirements.
English language requirements: minimum IELTS score of 6.0, a minimum TOEFL score of 70 or equivalent.
Academic requirements: minimum GPA of 3.0, bachelor's degree (additional tests and materials may be required depending on the program).
English language requirements: minimum IELTS score of 7.0, a minimum TOEFL score of 91 (18 minimum sub-scores) or equivalent.
Academic requirements: students need to transfer from a recognized institution with a minimum of 15-quarter or 12-semester credits, and a minimum GPA of 2.25.
Academic requirements: completion of first degree, diploma or equivalent, have equivalent to a GPA of 2.5 to 3.0 and specific program requirements. IELTS (6.0) and minimum TOEFL (70) or equivalent.
Master's International Direct
Academic requirements: completion of first degree, diploma or equivalent, have equivalent to a GPA of 3.0 and meet specific program requirements. IELTS (6.5 with 5.5 sub-scores) and minimum TOEFL (91 with 18 sub-scores).
Visiting International Student Program
Academic requirements: High school diploma with 3.0 GPA or completion of at least one year of study at a university overseas with a minimum 2.25 GPA.
English language requirements: minimum IELTS score of 6.5, a minimum TOEFL score of 80 (minimum 16 sub-scores) or equivalent.
High-achieving international students may be eligible for a number of scholarships from OSU to help them with their tuition fees and other expenses. Scholarships include:
OSU Undergraduate scholarships
For International Direct, International Year One, Undergraduate Transfer Program and Transfer:
Provost's Scholarship for Excellence offering USD 6,000 per year for up to four years. No application is required for the award of the scholarship with academic excellence as the qualifying criteria.
Regional Scholarship which offers variable amounts and is a one-time award. There is no application process needed for the scholarship, with the award dependent on availability for particular regions.
Honorary Scholarship for Leadership is a USD 2,000 one-time scholarship. Applicants for this award will need to demonstrate academic merit and leadership.
Continued Success Scholarship offering USD 3,000 to USD 5,000 for up to three years. No application is needed with the award based on academic performance and GPA.
For Graduate Pathway and Master's International Direct:
Regional Scholarship which offers variable amounts and is a one-time award. There is no application process required for the award which is dependent on availability for particular regions.
Continued Success Scholarship offering USD 3,000 to USD 5,000 for up to two years. No application is needed with the award based on academic performance and GPA.
Students are encouraged to contact the university to get more information on each scholarship, eligibility requirements and criteria. Students must be accepted by the university before they are able to receive a scholarship.
INTO OSU students can use all of the fantastic facilities and resources found throughout campus.
The extensive libraries are open 24/7 via chat, email and telephone, where librarians can answer all student questions. Students can check the university website for in-person library access and availability.
Exercise facilities are in abundance. There is a campus gym, 23-meter pool and a 13-meter climbing wall. Students have access to the Dixon Recreation Center, and can join one of the many intramural sports teams.
OSU's student halls of residence are perfect for international students to feel relaxed and meet lots of new people. Halls are close to classrooms and campus facilities, and are equipped with kitchen and lounge areas. Rooms are fully furnished and single gender areas are available. Live-in staff and resident advisors can help with any accommodation-related issues. Packages include meal plans too.
On campus there are more than 30 restaurants for students to choose from. Options accommodate for all dietary requirements and preferences. Students can enjoy a wide variety of different cuisines, and those with dining plans can use their credit at any vendor.
Pathway success
OSU offers unrivalled opportunities for international students who wish to study higher education at a U.S. institution, but can't quite meet the entry requirements. In 2018 and 2019, 85 per cent of all OSU pathway students successfully completed their programs and were eligible to progress to degree-level study at Oregon State University.
Degree study at OSU
It pays to progress to study for a degree at OSU. Graduates from the university with a bachelor's degree are in the top 15 percent of paid graduates in America (PayScale College Salary Report 2019).
During degree programs, students can benefit from the career-enhancing services OSU has to offer. The university helps students find prestigious work experience and internship placements which help them to stand out in the professional job market.
More than 130 companies participate in OSU's internship program. MECOP provides paid placements for students in areas of engineering, tech and business with industry giants such as Boeing, HP, Oracle and Intel.
''Engineering students here at OSU shocked me. Everyone has experience and passion for what they do, and students have the ability to question what professors teach in class. That is a totally different learning experience from Taiwanese universities where we are just trying to get our degree.'' Han-Ting, Taiwan - MS in Electrical and Computer Engineering
Particle and Material Physics
Forestry Studies
Corvallis Oregon International Living-Learning Center, 1701 SW Western Blvd
Bend Oregon 1500 SW Chandler Avenue
Established in 2008, INTO Oregon State University is one of the oldest and most integrated Pathway programs in the US. It works in partnership with the Oregon State University to offer high-quality university preparation programs for international students. The center?s academic English, International Year One and Graduate Pathway programs help students transition to a US degree program.
OSU commitment to international education is evident in the purpose-built five-story International Living-Learning Center, which is a vibrant global hub of student life and educational activity and houses the INTO OSU Center. This state-of-the-art facility dedicated to global learning provides students with an inspiring and dynamic environment where they live, learn and socialize. The building features modern, furnished accommodations for domestic and international students, classrooms and well-equipped communal spaces.
INTO OSU provides services such as personalized academic, language and cultural support, targeted tutoring and self-study learning support resources, airport pickup, comprehensive orientation, and social events and trips around Oregon.
Several language and cultural support services are offered by OSU including the Cultural Ambassador Conversant Program and cultural adjustment support services. The center has language and cultural advisors who speak a number of languages to assist international students. INTO OSU students have full access to all of the facilities and resources on campus that includes different caf?s and restaurants, gym, swimming pool, climbing wall and the library which is open 24 hours during the week.
Oregon State University (OSU) combines quality academics with an engaging student community drawn from all 50 US states and more than 100 countries. https://images1.content-gbl.com/commimg/myhotcourses/institution/profile/myhc_296818_320px.jpg Oregon State University - INTO USA https://www.idp.com/philippines/universities/oregon-state-university-into-usa/iid-us-01179/
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Light Pollution Threatens Millennia-old Indigenous Navigation Methods
Native people around the world have relied on dark skies as a compass for thousands of years. But energy production, satellites and other nuisances are disrupting these sacred traditions.
By Nikita AmirOct 27, 2021 8:00 AM
A view of the Emu in the Sky above the Paranal observatory in Chile (Credit: ESO/Y. Beletsky/Wikimedia Commons
As a crew member on a leg of the Moananuiākea Voyage through the Pacific, Ka’iu Kimura used nothing but the celestial sphere and the atmospheric and oceanic conditions to guide her — navigation methods that Indigenous groups throughout the region have used for thousands of years.
Kimura, a native of the island of Hawai’i, is the executive director of the ‘Imiloa Astronomy Center in the city of Hilo. In Hawai’i, several light ordinances protect the night sky to preserve local traditions and enable astronomical research.
Kimura feels that navigation practices anchor her to her ancestral home. “I think navigation today stands as a major contributor to the resurgence, the reconnection, the revitalization of our Hawai’ian identity,” Kimura says. “We all know we can jump on a plane and fly anywhere around the world, but it’s the fact that we choose to bring back this traditional knowledge. It's about holding on to our identity as a people of Hawai’i and of the Pacific.”
But light pollution increasingly threatens the viability of traditions that require a clear vision of the galaxies. More than 80 percent of the world lives under polluted skies, according to a 2016 Science Advances article.
This occurs in part due to energy production. Fracking increased light pollution by over 100 percent in rural U.S. areas between 2000 and 2012, according to a May 2021 paper in Resource and Energy Economics.
Inventions like satellite swarms, along with space missions’ lingering debris, also jeopardize these views around the globe: Satellites now overcrowd the lower Earth orbit, and their artificial light interferes with stargazing activities worldwide. This dilemma “will fundamentally change astronomical observing” according to a 2020 report from the American Astronomical Society and the National Science Foundation.
Losing the Stars
The sky can be compared to a library in which each star represents a book, says Krystal De Napoli, an astrophysics graduate student at Monash University in Australia who has researched the cultural impacts of light pollution. “And if we start to cover up and lose sight of those books, we lose our reference points, we lose that link and our information,” she says.
Indigenous Australians, who belong to one of the Earth’s oldest civilizations, have looked to the sky for tens of thousands of years to form knowledge systems about critical subjects like animal behavior and plants’ medicinal properties, according to De Napoli. More broadly, Indigenous science is often encoded into oral traditions or stories that serve as memory devices — meaning that important knowledge is commonly tied to the celestial sphere.
Western culture's constellations usually link bright stars to trace images in the sky. Yet Indigenous Australian traditions center dark sky constellations that consist of patches of gas and dust that obscure light, says Duane Hamacher, a cultural astronomer at the University of Melbourne who has previously collaborated with De Napoli. That's where the emu in the sky lives.
This constellation describes its earthly counterpart’s behavior and provides information on food and water sources for both humans and emus. Other constellations relate to plant harvests, animal life cycles and weather prediction.
Decolonizing Astronomy
Now, a group of scientists and other space stakeholders is working to preserve these stories. The Satellite Communications (SATCON) workshop, which is organized by the National Science Foundation and the American Astronomical Society, aims to mitigate satellites’ effects on our sky-viewing experiences.
Aparna Venkatesan, a cosmologist at the University of San Francisco, served as a co-chair at the 2021 event. While she and her colleagues sought to consult Indigenous scientists on sustainable space practices, they acknowledged that it wasn’t an all-encompassing discussion. “Everyone who spoke at the meeting was very clear that they were not speaking for their whole tribe, or for all sovereign tribes and nations or just the U.S. alone,” says Venkatesan.
She sees space as an ancestral global commons, as described in her 2020 article published in Nature Astronomy. But the task of regulating space is a complicated one. Astronomers and entrepreneurs should be careful not to appropriate Indigenous perspectives to serve their bottom line, she adds.
What’s more, colonial ideas are pervasive in the language we use to describe space. When they're conceptualized as conquering the “final frontier,” space missions mark yet another chapter in the story of Western expansionism. “I think a lot of it reifies and solidifies this imagined past, this manifest destiny,” says Alvin Harvey, a member of the Navajo nation and a second-year astrophysics PhD student at MIT.
To justify their expansion, satellite companies have claimed that Indigenous groups want digital broadband connections, she explains, especially as the pandemic has shifted work increasingly online. But Venkatesan urges the astronomy field to avoid this mistake and respect individual native communities’ unique needs.
“So much of astronomy is conducted on Indigenous lands or through land-grant universities, but I think we should be careful to not propagate the system that we are working in,” says Venkatesan. “We are all benefiting from a system that has delivered colonization on the ground. So if we really want to not do that in space, we need to really be inclusive of all perspectives, including bottom lines that may not suit academia or astronomy.”
A New Space Mission
Beyond environmental impacts, governing space involves a myriad of considerations, says James Lowenthal, a Smith College astronomy professor and SATCON 2 co-chair. Take politics, for example: The 1967 Outer Space Treaty — which was signed by over 100 nations, including the U.S., India and Brazil — also views space as a commons. But Lowenthal notes that the treaty was written at a time when nearly all satellites were operated exclusively by governments. Now, the Outer Space Treaty doesn't have the teeth to regulate or restrict the increasingly commercialized Milky Way (and beyond).
Satellite companies currently need permission from the Federal Communication Commission (FCC) to launch equipment. But the FCC does not incorporate the National Environmental Protection Act (NEPA) into its review and authorization process, a policy decision made decades ago. This means that as satellite swarms proliferate, they are not subjected to environmental protection regulation that would quantify their impact on light pollution.
As a federal agency, NASA must apply NEPA and issues an environmental impact statement following launches. Applying similar regulation to private operations could offer one strategy to mitigate the adverse effects of commercial satellites.
Meanwhile, Indigenous engineers like Harvey envision a new kind of space exploration altogether. He’s currently working to support Indigenous groups in starting their own space programs, which would involve collaboration with the same government agencies that have long harmed these communities.
Harvey has joined forces with MIT’s Space Enabled lab, where researchers harness technology like environmental modeling to advance sustainability with an anti-racist and anti-colonial mindset. “[Through the lab] we were able to put on a series of seminars this year that brought in these Indigenous scholars to really talk about these types of questions,” he says. “I think that type of capacity-building was really important,”
Ultimately, without Indigenous consultation and decision-making, astronomers and government officials will run the risk of falling into the same patterns of historical colonial violence. “I think that trauma is very much alive. It's especially potent when you begin to talk about something that's really sacred, like the moon or stars,” Harvey says. “Is this the type of future that we want to establish in space? And do we want to take these historical wrongs and export them up into our lunar or martian future, essentially?”
A New Idea for How Dark Matter Came to Dominate the Universe
Picturing the Ancient Moon
Yes, Galileo Actually Said That
What the Two Halves of Your Brain (Don’t) Say About You
How Your Brain Processes Rejection
The Choices We Make May Be Random
To Victorians, Flower Arrangements Were Often Secret Messages
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Dutch-American Diplomatic Relations Online, 1784-1973
This collection consists of official Dutch-American diplomatic correspondence covering the period from 1784 to 1973. Taken together, the documents of this collection help scholars to shed further light on some of the most important watersheds in both European and American history and clarify the historical evolution of transatlantic relations from Thomas Jefferson to the end of the Bretton Woods System. This collection comprises 174,926 scans and is part of Transatlantic Relations Online: Digital Archives of the Roosevelt Institute for American Studies, which is the result of ongoing cooperation between the Roosevelt Institute for American Studies and Brill.
More information: Brill.com
Page 1 of 2 (showing 0 - 500 of 922 entries).
Go to Page 1 : A: Diplomatic Correspondence 1784-1929 Page 2 : G: Department of State Decimal File, 1960-1963 | Next page
A: Diplomatic Correspondence 1784-1929
Arbitration Convention 1904; after 1910 continued in category 711.5612.
Borneo (Netherlands East Indies)
Celebes (Netherlands East Indies) and other Netherlands Islands
Communication and Transportation
Consular Instructions of the Department of State, 1801-1817
Consular Instructions of the Department of State, Register, 1833-1834
Curaçao (Netherlands West Indies)
Department of State Records of Foreign Service Posts, Volume 114, Amsterdam
Despatches from United States Consuls in Amsterdam, the Netherlands, 1790-1829
Despatches from United States Consuls in Batavia, Java, Netherlands East Indies, 1818-1857
Despatches from United States Consuls in Curaçao, Netherlands West Indies, 1793-1838
Despatches from United States Consuls in Medan-Padang, Sumatra, Netherlands East Indies, 1853-1869
Despatches from United States Consuls in Rotterdam, the Netherlands, 1802-1835
Despatches from United States Consuls in St.Eustatius, Netherlands West Indies, 1793-1838
Despatches from United States Consuls in St.Martin, Netherlands West Indies, 1848-1856
Despatches from United States Ministers to the Netherlands, 1794-1796
Documents Political Affairs, 1
Dutch language regulations for the colonies.
Duties in the Netherlands, chronological listing of correspondence between the Department of State and the American legation in The Hague on personnel, Peace Treaty of 1907 and of Dutch legation in Washington to the Departement of State, especially Van Swinderen.
Foreign letters of the Continental Congress and the Department of State, Letters to and from the secretaries of state, John Jay, Thomas Jefferson.
General instructions to diplomats in the Netherlands, 1833-1864
General instructions to diplomats in various countries, 1801-1808
Industrial Matters, 1
Java and Madura (Netherlands East Indies), 1
Letters by secretaries of State, 1791-1793
Lists of Documents, 1
Military Affairs and the Army
Naturalization Treaty between the Netherlands and the United States, 1907.
Naval Affairs
Navigation and Other Internal Affairs, 1
Netherlands (East) Indies (Netherland India), 01
Notes from Foreign Consuls in the United States to the Department of State, 1789-1826
Notes from the Department of State to Foreign Minister and Consuls in the United States, 1793-1810
Notes from the Netherlands Legation in the United States to the Department of State, 1784-1836
Notes to Foreign Consuls in the United States from the Department of State, 1853-1865
Notes to Foreign Legations in the United States from the Department of State, 1834-1866
On the Dutch claims that the island of Palmas or Miangros is subjugated to Dutch East Indian government. The matter in dispute was whether the island had belonged to Spain which ceded its possessions to the United States. The United States did not object the Dutch suzerainty after it consulted Spain. The claims were not strong; after 1910 continued in category 711.5614.
Public Order and Safety
Records of the Department of State Relating to Political Relations between the Netherlands and Other States
Records of the Department of State Relating to Political Relations between the United States and the Netherlands, 1
Regarding appointment of American consuls in Dutch colonies.
Regarding consul agent Schild at Penang (1906); after 1910 continued in category 711.5621.
Regarding the validity of the Treaty of 1855 between the Netherlands and the United States.
Social Matters, 1
Sumatra, 1
Surinam (Netherlands Guiana)
B: Inspection Reports Foreign Service Posts, 1906-1929
Inspection report Amsterdam 1906
Inspection report Den Haag 1947
Inspection report Flushing 1906
Inspection report Rotterdam
Inspection report Rotterdam 1906
Inspection report Scheveningen 1911
Inspection report Schiedam 1906
Inspection report The Hague legation 1925
Inspection report The Hague vice consulate 1920
C: Purport Pages for the Department of State, 1910-1944
About Dutch, West and East Indies and Surinam trade, Nazi and military affairs, especially petroleum.
About political affairs, Dutch citizens in the Unitd States, Dutch ships and personnel.
(also documents of 1940-1944)
Dutch-American trade relations, 1930-1939
Dutch trade relations, 1930-1939
Internal affairs in the Netherlands, but mainly on the Dutch colonies
Internal affairs in the Netherlands, funny is the correspondence about the translation of Gone with the Wind.
Relations between the Netherlands and other states, especially with Germany and Japan, 1930-1939
Treaties, 1930-1939
D: Department of State Decimal File, 1930-1944
Air traffic agreement
American despatches on Dutch-Japanese relationship
American News in the Netherlands Press
American proposal to buy Surinam and Curacao
Announcement of validity of trade Dutch-American agreement
Annual Report Covering Developments to the Dutch-American Trade Agreement During 1939
Anti-American Demonstrations in Aruba
Anti-War Congres (1932)
Aviation situation in Surinam
Bargaining to prevent countervailing duties on milk
Bulb diseases and American products
CF Royal family
Comments on the proposed reciprocal trade agreement
Committee for Reciprocity Information, hearing
Communist activities, 1
Communist activities in West Indies
Conditions in Surinam
Confidential File on Surinam
Confidential files
Confidential files Wilhelmina
Continued political reports
Controversy about translation Daddy long legs
Copyright cas of "Gone With the Wind"
countervailing duties on Dutch products
Cross-Reference Files of messages about the imminent German invasion of the Netherlands
Cultural and economic relations with the US; Kapok, tobacco, and rubber trade
Defense of East Indies
Defense of the East Indies
Defense of the West Indies
Devaluation of Curacao florin
Dutch-American trade relations
Dutch-American treaty of arbitration
Dutch West Indies
Economic situation in East Indies
Exports of quinine and rubber
Films about Occupied Holland and the Dutch Allied war effort
Financial affairs, purchase of equipment
Financial and economic situation in the Netherlands; measures to fight the crisis
Financial situation in the Netherlands and its colonies
Food relief
Government of East Indies
Government of Surinam
Government of West Indies
Governor and government of Netherlands Indies
Governor of Surinam
International Flower Show (Speech by Emmet) & other cultural events
Int. Institute for Social History
Licensing of radio sets and press reports about the war in Europe
Military Affairs of Surinam
Military situation in Netherlands Indies (cont.)
Military situation of Dutch West Indies
Military situation of Netherlands Indies, 1
Modernizing port of Flushing
Monetary situation; Gold Standard
Monitoring the NSB (FBI file)
Mutiny on the Seven Provinces and the naval bill
Mutual Aid USA-Netherlands
Narcotics/3
Narcotics Drug traffic
Narcotics Opium smuggling
Naturalization Convention
Ned. Bioscoop Bond and American Interests
Negotiations for a Dutch-American trade agreement
Negotiations to renew the Dutch-American commercial treaty (main problems were the lack of religious freedom and the bulb export)
Netherlands East Indies and Japan
Objections of corn and rice millers against trade agreement
Oil policy and mining laws
Pirated edition of FDR's "On Our Way"
Plans for Jewish colony in Surinam
Political Reports, 1
Political Reports by the American Consul
Political Reports of Consul
Political Reports on the Netherland East Indies Period 1940-1944
Political Reports on the Royal Family
Political situation in Dutch West Indies
Political situation in East Indies
Political situation in Netherlands Indies
Quarterly reports about effects of Dutch-American trade
Radio/4 Conflict about the efforts to prevent the sale of American radios
Reactions on the Scottsboro case
Relation with Japan
Repercussions in the Neth. Indies of the War in Europe: control of prices; and economic conditions
Report on Dutch relief measures
Report on Migration and Jewish emigration
Report on negotiations
Report on speech Seyss-Inquart (1941)
Reports on Military activities
Review of the work of American consuls at Medan and Surabaya
Review of the work of American consuls Groth and Foote
Royal Decrees about claims Period 1930-1939
Royal family (cont.)
SALES/23 Effect of taxes on trade with US.
Smuggling Chinese into the USA
The Dutch-German trade for the first three months of the war
The effects of the crisis on Dutch agriculture; comparisons with the US
The food and economic situation and relief
Tobacco/3 Tobacco competition with Sumatra
Treatment of Jews in Holland
Washington Bicentennial
West Indies Press
World Jamboree
E: Personal Files of American Diplomats in The Netherlands, 1910-1959
Anthony J.D. Biddle (among other things about his religious beliefs and accepting a military commission in World War II)
Charles L. Hoover
Frank C. Lee file (American consul general)
George Gordon
Gerrit J. Diekema file
Grenville T. Emmet file
Hallett Johnson
Henry Van Dyke
Herman B. Baruch (ordering household goods, public appearances)
H. Freeman Matthews (addresses)
Kenneth S. Patton
Laurits Swenson file
Philip Young
Richard M. Tobin
Selden Chapin (being a persona non grata due to his role in the Mindszenty case, trip to Groningen, royal visit to the U.S.)
Stanley K. Hornbeck (speeches and correspondence about his forced resignation)
Walter A. Foote
F: Department of State Decimal File, 1945-1959
756.00 (W)/1-454 - Weekly reports Department of the Army -Staff Communication Office, secuirty matters, flood prevention, trade, ecnomic and financial affairs
856.00(W) Week reports on Indonesia
American Navy visit Rotterdam, the Antilles and Indonesia
ANEP-ANETA Bulletins, Correspondence with Stanley K. Hornbeck, America's, Ambassador near the Netherlands Government, London.
Aviation/Air transport, Political affairs (role of Albert Plesman)
Bill to enlarge immigration quota
Cabinet and Ministry
Cabinet Ministry
Communist activities
Confidential and secret files
Confidential and secret files, Dutch relations with other countries Weekly surveys
Confidential and secret files Weekly reports
Decimal file
Draft Dutch-American Friendship Treaty
Dutch-German relations
Dutch reaction on Little Rock
Dutch relations with other countries especially on Indonesia
Dutch Royals' visit to Canada, Dutch West Indies and the US
Elections of 1946
Elections of 1956 Monthly consular notes from Amsterdam
Flood of 1953 (see frames 753 and 775)
Fortnightly report for period ended July 15, 1945
Fortnightly report for period ended June 15, 1945
"Friends of America Club" (ex NSB)
Government (Princess Juliana ascends the throne)
International political and national defense affairs Dutch cabinet, parties, elections, Schuman Plan, public opinion, Indonesia, party resolutions
Netherlands People's Movement (NVB), Other Dutch political parties
Prince Bernard's membership of NSDAP
Relaxation of East-West tensions, Dutch Labor Party, the Dutch left
Report on Electoral and Party Organizations in the Netherlands, May 10, 1948
Revision of the Netherlands Constitution (proposals)
Roll End - Seal of the National Archives of the United States - 1934
Six Dutch journalists visit the United States
Socialism in Holland
Speech of Schermerhorn, June 27, 1945
Supreme Headquarters AEF mission (the Netherlands), Fortnightly Report 19. Period ending on June 30, 1945
Telegram regarding Indonesia crisis and conversation with cabinet members like Beel, Stikker, etc.
USFET monthly report for period ended August 31, 1945
USFET monthly report for period ended October 31, 1945
USFET monthly report for period ended September 30, 1945
US Foreign Service Papers, Communist peace propaganda in Europe, Communist presence in the Netherlands
US Military Flood Relief Operations in the Netherlands Historical Division
Weekly reports Department of the Army -Staff Communication Office, secuirty matters, trade, public policies, military affairs
Weekly reports, Department of the Army -Staff Communication Office, security matters
Weekly reports, especially on New Guinea
"Weekly survey of reading material concerning the Netherlands"
G: Department of State Decimal File, 1960-1963
American Investments
Dutch-American Trade
Economic assessment Surinam, Curacao's internal affairs, Aruba, Peace Corps
Indonesia and Netherlands East Indies (611.56d)
Indonesia, New Guinea, military affairs
Indonesia, New Guinea, Pacific affairs
Joint weeklies
Legal and tax matters, civil aviation, 611.569/12-662
Military affairs, NATO
[Continued on next page]
From 1782, American diplomats were posted in the Netherlands and in the Dutch East and West Indies. Their reports to the State Department and their personal accounts on political, economic and cultural affairs provide insightful information on the relations between the two countries over the past two centuries.[1] This comprehensive collection mostly consists of the American diplomatic correspondence from 1791 to 1973 and contains instructions by the State Department to American diplomats and consuls, along with reports and recommendations sent by these diplomats to Washington, DC.[2]
This collection is divided into three main sections. The first section is composed of files compiled by the US National Archives and Records Administration (NARA) covering the period between 1784 and 1929. The second section, assembled by the RIAS staff, contains files from the US Department of State and is divided into six parts covering the period between 1930 and 1973. The third and last section, titled “Special Collections,” consists of documents and papers coming from agencies other than the State Department. This section includes the so-called “purport pages,” several Marshall Plan documents, and CIA surveys.
Content-wise, the collection sheds light on some of the most important watersheds in both European and American history. Through the documents listed in this collection, it is possible to discern the early establishment and institutionalization of US foreign policy and at the same time descry the dawn of American exceptionalism.[3] A 1791 circular sent by Thomas Jefferson to the American consuls and viceconsuls, for instance, represents one of the first attempts to structure the newly-established American diplomatic channels. [4] In the same letter, Jefferson stressed that the US was blessed by an “unprecedented prosperity” that in great part derived from “the unbounded confidence reposed in it by the people, their zeal to support it, and their conviction that a solid nation is the best rock of their safety.” According to Jefferson, no other nation in the world at that time was “enjoying more present prosperity, not with more in prospect” than the United States. (see page 58 in the Letters by secretaries of State, 1791-01-23 to 1793-08-16)
As appears clear from documents like Jefferson’s letter, the papers of this collection do not exclusively focus on Dutch-American relations. On the contrary, they have a broader and genuinely global reach. The 1830s diplomatic files are a perfect example of this. They testify to the degree of firmness through which the US aimed to protect its global commercial interests. When the French troops captured Algiers, for instance, Secretary of State Martin Van Buren warned that full “admission and recognition” of the US general consul stationed there was vital to protect American trade in the Mediterranean, and that any move limiting their independence and freedom would have met Washington’s immediate and resolute reaction.[5](see pages 162, 163 in Consular Instructions of the Department of State, 1828-06-12 to 1832-05-09)
American officials in The Hague also closely followed the social and political developments within the vast Dutch empire. At the beginning of 1873, for instance, the US backed a rebellion against Dutch rule in the Sultanate of Aceh.[6] The rebels had been promised independence by American representatives in the region, but were promptly repressed by Dutch authorities.[7] The documents of this collection help cast a new light on the commercial interests that led American authorities to sponsor the revolt. A rich and detailed report on the volume of exchanges between the province of Batavia and the US, indeed, gives a glimpse of both the volume and the breadth of the American commercial interests in the region, and highlights the dependence of the colony’s economy on American trade. Sugar, coffee, rice, spices, gum, indigo, arrack, hides, tin, and rattans were exchanged for oil, flour and coal in such large amounts that US consuls complained about the scarcity of American production especially for what concerned fossil fuels. (see pages 714-717 in Despatches from United States Consuls in Batavia, Java, Netherlands East Indies, 1864-1880)
But, as the documents of the collection reveal, trade wasn’t the only cause for friction between the US and European empires. At times, cultural misunderstandings or, in other words, clashes between different exceptionalisms, hindered those relations too.[8] Such was the case, for instance, of a naturalization treaty that the US proposed to the Netherlands in 1907.[9] The proposed treaty, which aimed to “conserve the traditional friendship between [The US government] and The Netherlands,” was drafted by Theodore Roosevelt’s trusted Secretary of State Elihu Root and drew on the same treaties that the US had been pursuing with Sweden, Norway and Germany. Initially, the treaty was received with favor in the Netherlands, but then the negotiations came to a standstill over the concept of “intention.” The Dutch policymakers had eliminated any reference to an “unmistakable intention not to return” as a prerequisite for a person to lose Dutch nationality back in 1892, and had replaced it with more precise means to determine nationality that they considered to be more in line with the liberal and tolerant spirit of the country.[10] Since the US-backed treaty emphasized the role of personal intention, the Dutch government rejected it, pointing that it not only conflicted with national law and ethos, but that it would also have given the US an exceptional power to decide over nationalization. (see pages 1-6 in Naturalization Treaty between the Netherlands and the United States, 1907)
Skirmishes over migration, naturalization, neutrality, and sovereignty continued well after the end of WWI, even though the 1920s saw a general relaxation of bilateral Dutch-American relations. In those years, the two countries were mostly busy setting up the terms of an acceptable arbitration treaty and reaching a peaceful settlement of some territorial disputes, including the famous case of the Island of Las Palmas. At the same time, however, this period witnessed the emergence of a number of informal diplomatic channels, which crucially contributed to solidifying a Dutch-American transnational friendship. As the papers of this collection show, prominent individuals like Eduard Bok worked hard to tie the two countries together, and to spread the belief that “no two nations on the earth [were] more identical than the Netherlands and the United States.”[11] Dutch bankers, industrialists, and investors were at the forefront of such a new pro-US campaign and expressed tirelessly their admiration for the American political and economic system.[12] So much so that Richard Montgomery Tobin, when he was sent to The Hague as the new American ambassador in 1923, noted with surprise that many Dutch citizens desperately wanted the US to take the lead in the settlement of the troubled financial and economic situation in Europe.
As regards the period 1930-1949, the RIAS holds the so-called Purport Pages. These papers, mostly coming from the US Department of State, document, among other things, the negotiations of several bilateral trade agreements, the deteriorating relationship between the Netherlands and Japan, the German occupation of the Netherlands, allied military activities, and the developing political situation in the Dutch colonies.[13] This part of the collection also enlightens on the impact that the gold standard had on Dutch economy.[14] Moreover, these papers are of particular interests to those scholars who want to investigate informal transatlantic relations through a bottom-up approach. In this regard, these documents provide interesting details on the Dutch reactions to the famous Scottsboro Case and testify to the extent to which Dutch society was sympathetic to the emergence of the civil rights movement in the United States (a recurrent theme in Dutch-American relations, one that will persist up until the early 1970s, when radical groups such as the Dutch Black Panther Solidarity Committee will organize in the Netherlands several “Free Bobby Seale” marches and rallies).[15] (see pages 1-8 in Reactions on the Scottsboro case)
Along with political and societal developments, however, this collection also contains documents revealing the intensity of a constant, though not unidirectional, cultural exchange occurring between the two shores of the Atlantic. A number of reports underline the popularity that different American cultural outputs, from music to literature and cinema, enjoyed in the Netherlands and elsewhere in Europe. Diplomatic accounts tell for instance the story of a very popular Dutch pirate edition of president Franklin Roosevelt’s best-seller On Our Way, which narrated his first year’s accomplishments and the success of his New Deal measures. At the same time, these papers hint at the appeal of American movie production, by reporting, among the others, the story of Vadertje Langbeen, a Dutch (illegal) remake of 20th Century Fox’s Daddy Longlegs. (see pages 1-7 in Controversy about translation Daddy Longlegs)
Another extremely valuable part of this collection is the one focusing on the post-1945 era, as it includes papers on the development and execution of Marshall Plan aid in the Netherlands, on the future of the Dutch colonial empire, and on the development of post-war Dutch politics. While closely following the electoral results of 1946 and 1948, American observers were also interested in the profound changes that the Dutch political landscape was going through, always taking careful note of any possible communist infiltration.[16] Already in July 1945, for instance, the American diplomats in The Hague worried about the creation of the Netherlands People’s Movement, which they saw as a liberal intellectual endeavor leaning toward socialism. And they warned against the rising appeal of allegedly democratic groups, as in the case of the short-lived “Friends of America Club,” a group established in 1948 with the aim to strengthen cultural ties between the Netherlands and the US that Americans disliked because of the wartime association of his leader, Dr. Adelbert Smit, with the Nazi party and because of its deceptive publication, Friends of America, which was actually filled with nationalist and socialist references. (see pages 1-56 in "Friends of America Club" (ex NSB))
The postwar dispatches from The Hague are also a useful prism through which it is possible to read the troubled evolution of European integration. American contacts with Dutch industrialists and unionists, in fact, confirmed a general support in the Netherlands for the so-called Schuman Plan, which proposed the creation of a single authority to control the production of steel and coal in Europe and eventually paved the way for the establishment in 1958 of the European Economic Community.[17] At the same time, these sources show that American diplomats knew already at the beginning of August 1954 that the French National Assembly was going to reject the proposal for the establishment of a European Defense Community, as it actually happened at the end of that month. (see Elections of 1952)
Finally, the papers concerning the period 1963-1966, along with analyses on shared security concerns, anti-communist activities, economic freedom and cooperation, contain documents on the rise of a widespread European anti-American sentiment coinciding with the US escalation in Vietnam.[18] Social unrest started off in the summer of 1966, when roughly 700 people in Amsterdam took to the streets to criticize the American military intervention in Southeast Asia. The protesters openly linked the American bombing of Hanoi with what had happened in Guernica in 1936 and in Rotterdam in 1940. One of them even got arrested for having insulted president Johnson publicly. On Christmas Day 1966, fifty Dutch artists demonstrated against the US strategy by marching through the streets of Amsterdam in silence, while some of them dressed up as undertakers to vividly blame the US for the “2 million dead in Vietnam.” Protests soon spread over half a dozen other cities, and took the shape of rallies, sit-ins, hunger strikes, and even open appeals to president Johnson, who was accused of authorizing a “legitimate starving of the Vietnamese people.” The protests culminated in the early 1970s, when radical Dutch groups fueled a transnational wave of discontent that in the Netherlands saw the “week of international protest against war in Vietnam” and the subsequent occupation of the American consulate in Amsterdam. The growing appeal of these protests alerted American diplomats, who in the first months of 1973 reported with discomfort that all the major Dutch political parties were progressively aligning themselves with this mounting anti-Americanism, and that Dutch people were starting to blame Americans for tolerating the indiscriminate bombing of civilian targets in Vietnam.[19]
[1] See Willem Frijhoff and Jaap Jacobs, “Introduction: The Dutch, New Netherland, and Thereafter (1609–1780s),” in Hans Krabbendam, Cornelis van Minnen, Giles Scott-Smith (eds.), Four Centuries of Dutch-American Relations (Amsterdam: Boom, 2009), 31-48.
[2] On the relevance of consular posts in the late eighteenth and early nineteenth century see, among the others, Ferry de Goey, Consuls and the Institutions of Global Capitalism, 1783-1914 (London: Pickering and Chatto, 2014).
[3] On the early institutionalization of US foreign policy, see Peter P. Hill, Napoleon's Troublesome Americans: Franco-American Relations, 1804-1815 (Dulles: Potomac Books, 2005) and George C. Herring, From Colony to Superpower US Foreign Relations since 1776 (New York: Oxford University Press, 2008). On American exceptionalism see Michael Hunt, Ideology and US Foreign Policy (New Haven: Yale University Press, 1987).
[4] The establishment of well-structured foreign policy channels in Jeffersonian America was instrumental to the building of the so-called “empire of liberty,” see Robert W. Tucker and David C. Hendrickson, Empire of Liberty: The Statecraft of Thomas Jefferson (New York: Oxford University Press, 1992); Peter S. Onuf, Jefferson’s Empire: The Language of American Nationhood (Charlottesville: University Press of Virginia, 2000); and Francis D. Cogliano, Emperor of Liberty: Thomas Jefferson’s Foreign Policy (New Heaven: Yale University Press, 2014).
[5] Silvia Marzagalli, “American Shipping into the Mediterranean during the French Wars: A First Approach,” in Silvia Marzagalli, James R. Sofka, John McCusker (eds.), Rough Waters: American Involvement with the Mediterranean in the Eighteenth and Nineteenth Centuries, Research in Maritime History no. 44 (Liverpool: Liverpool University Press, 2010), 43-62.
[6] See Hans Gooszen, A Demographic History of the Indonesian Archipelago, 1880-1942 (Leiden: KITLV Press, 1999); Bert Paasman, “Wij gaan naar Atchin toe,” in Liesbeth Dolk (ed.), Atjeh: De verbeelding van een koloniale oorlog (Amsterdam: Bakker, 2001).
[7] Merle Calvin Ricklefs, A History of Modern Indonesia Since C. 1200 (Stanford: Stanford University Press, 2008).
[8] Charles S. Maier, Among Empires: American Ascendancy and Its Predecessors (Cambridge: Harvard University Press, 2006).
[9] On this, see United States Department of State, Foreign Relations of The United States (FRUS), Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, Part I (Washington, DC: United States Government Printing Office, 1908), online at http://digital.library.wisc.edu/1711.dl/FRUS.FRUS1907v01, accessed on July 30, 2018.
[10] Corrie van Eijl, Leo Lucassen, “Holland beyond the Borders: Emigration and the Dutch State, 1850-1940,” in Nancy Green and Francois Well in Nancy L. Green, Francois Weil (eds.), Citizenship and Those Who Leave: The Politics of Emigration and Expatriation (Urbana: University of Illinois Press, 2007), 160.
[11] Hans Krabbendam, The Model Man: A Life of Edward W. Bok, 1863-1930 (Amsterdam: Rodopi, 2001).
[12] On pro-US sentiments in Europe in the interwar years, see Daniel T. Rodgers, Atlantic Crossings: Social Politics in a Progressive Age (Cambridge: Harvard University Press, 1998) and Mary Nolan, The Transatlantic Century: Europe and America, 1890–2010 (New York: Cambridge University Press, 2012).
[13] Doeko Bosscher, “Toward a Community of Interests: The Netherlands and the United States between the World Wars,” in Hans Krabbendam, Cornelis van Minnen, Giles Scott-Smith (eds.), Four Centuries of Dutch-American Relations (Amsterdam: Boom, 2009), 401-419.
[14] Ben Wubs, “Beyen at Bretton Woods: ‘Much More Significant Under the Surface…’,” in Giles Scott-Smith, J. Simon Rofe (eds.), Global Perspectives on the Bretton Woods Conference and the Post-War World Order (New York: Palgrave Macmillan, 2017), 189-206.
[15] Steve Spence, “Cultural Globalization and the US Civil Rights Movement,” Public Culture, vol. 23, no. 3 (2001), 551-572.
[16] Giles Scott-Smith, Western Anti-Communism and the Interdoc Network: Cold War Internationale (New York: Palgrave Macmillan, 2012).
[17] Piers Ludlow (ed.), European Integration and the Cold War: Ostpolitik-Westpolitik, 1965–1973 (New York: Routledge, 2007).
[18] See, among the others, Matthew Evangelista, Unarmed Forces: The Transnational Movement to End the Cold War (Ithaca: Cornell University Press, 1999).
[19] Yuki Tanaka, Marilyn B. Young (eds.), Bombing Civilians: A Twentieth-Century History (New York: The New Press, 2009).
Dutch-Protestant Immigration to the Americas Online, Leiden and Boston: Brill, 2020 <http://primarysources.brillonline.com/browse/dutch-american-diplomatic-relations-online-1784-1973>
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Joe Judge Daniel Jones Sports NFL football Professional football Football Athlete injuries Athlete health
New York Giants Miami Dolphins
AP source: Giants' Jones has neck injury, may miss next game
By TOM CANAVAN - Nov. 30, 2021 07:39 PM EST
New York Giants quarterback Daniel Jones, left, slides down when confronted by Philadelphia Eagles' Avonte Maddox during the first half of an NFL football game, Sunday, Nov. 28, 2021, in East Rutherford, N.J. (AP Photo/John Munson)
EAST RUTHERFORD, N.J. (AP) — A person familiar with the situation has told The Associated Press that New York Giants quarterback Daniel Jones has a neck injury and his status for Sunday’s game against the Miami Dolphins is uncertain.
The person spoke on condition of anonymity Tuesday because the Giants have not released their injury report and the team had the day off. The person said Jones' name will be on the report on Wednesday.
NFL Network was first to report the injury.
Coach Joe Judge is scheduled to talk to reporters on Wednesday morning.
Jones has started every game this season for the Giants (4-7). He was 19 of 30 for 202 yards and a touchdown against the Eagles in a 13-7 win on Sunday.
Jones played every offensive snap against Philadelphia and did not appear to be injured on any play. He spoke with reporters after the game and showed no sign of injury.
Jones, the No. 6 pick overall in 2019, is having his best season. He is 232 of 361 for 2,428 yards and 10 touchdowns. He is hitting 64.3% of his passes and has seven interceptions. He also is second on the team in rushing with 298 yards on 62 carries.
The running has led to Jones taking a few big hits because he does not slide much. He suffered a concussion against Dallas on Oct. 10 trying to score on a bootleg on third down from the Dallas 1.
If he were unable to play, veteran Mike Glennon would start. He replaced Jones against Dallas and completed 16 of 25 passes for 196 yards and a touchdown.
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Tag: shaming women
Gloria Steinem and Madeline Albright offend women who support Bernie
AUTHOR’S NOTE: From this point forward in the 2016 race for the Democratic presidential nomination, “Hillary” refers to Hillary Clinton, and “Bernie” refers to Bernie Sanders.
This is really one of those times where, admittedly, I wish I had a female co-blogger to help push back against the offensive remarks by some of Hillary’s supporters towards women who support Bernie.
If you’re wondering what I was referring to in the above paragraph, I’m referring to recent remarks by women’s rights activist Gloria Steinem and former U.S. Secretary of State Madeline Albright, both Hillary supporters. In both cases, offensive remarks were made about women who support Bernie.
Steinem went on the HBO show of Bernie backer Bill Maher (YouTube video here, Steinem’s remarks about Bernie supporters begin at the 3:50 mark) and claimed that women who support Bernie are only doing so to meet men:
The feminist icon made an alarmingly sexist remark on “Real Time with Bill Maher” Friday night, suggesting that young, female supporters of Democratic presidential candidate Bernie Sanders only support him because dudes do, too.
Steinem was discussing Democratic presidential candidates Hillary Clinton and Sanders. When Maher noted the Vermont senator’s popularity with young women, Steinem responded with her theory that women get more “radical” as they get older.
“When you’re young, you’re thinking, ‘Where are the boys?’ The boys are with Bernie,” she said.
I’m not going to comment on Steinem’s theory about men becoming more conservative, and women becoming more liberal, as they get older, since I’ve not seen any scientific study on that matter. However, what I will say is that women who support Bernie are not doing so because they want to meet men. After all, if they did, I’d probably have a girlfriend by now (in reality, I don’t have or want a girlfriend). Women who support Bernie support him because they share and support many of his values and ideas, such as restoring good government, making college truly affordable, raising the minimum wage to $15/hour, and significantly reducing health care costs.
Not to be outdone by Steinem, Albright claimed that women who support Bernie are going to hell:
Former Sec. of State Madeleine Albright attempted to shame young women voters at a Hillary Clinton campaign event on Saturday, repeating her now-famous line: “There’s a special place in hell for women who don’t help each other.”
The 78-year-old diplomat, who served in the Bill Clinton White House, complained that some young women “don’t understand the importance of why young women have to support Hillary Clinton.”
In my opinion, Albright’s remarks were even worse than Steinem’s remarks for one reason. To claim that women who don’t support a particular candidate are going to hell and saying that they have to support a particular candidate is basically a way of saying that you don’t believe in democracy, without actually saying that. Democracy is about choosing between political candidates, not forcing someone to support a particular political candidate.
While women make up approximately 56-58% of the Democratic primary and caucus electorate nationwide due to the institutional gender gap in American politics, you cannot completely run on shaming women into supporting a female candidate and win nationally, even in a Democratic primary or caucus. The Democratic Party cannot be seen as being condescending towards women who don’t see eye-to-eye with the party elites, or we’ll end up with a President Marco Rubio, Donald Trump, Ted Cruz, or some other Republican.
Saturday, February 6, 2016 Saturday, February 6, 2016
campaign event
Democratic establishment
Democratic presidential nomination
Madeline Albright
meet men
meeting men
New Hampshire Primary
offensive remarks
shaming women
vote for someone who looks like you
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Carl Ng 吳家龍
Shoes: 10.5-11US
Hair: Dk Brown
Carl Ng (an Actor and Top Model) is a Chinese British mixed. He is fluent in English and Cantonese. He graduated from University of Westminster in UK and returned to live in Hong Kong in 2004. Inherited from his father, the famous HK actor Richard Ng, he was inborn to be a star! He always looks smart and cool with perfect body figures that created his gritty character.
He was given lots of chances in acting over thirty challenging roles, e.g. “The Viral Factor” directed by Lam Chiu Yin, “New Police Story” directed by Chan Muk Sing, “Loong Fung Dau” directed by Jonny To, “Colour Blossoms” directed by Yon Fan and etc. He treasured all the time collaborating with all awarded directors. He previously showed in different dramas in Hong Kong, Singapore and Malaysia that caught a lot of attention to the public, e.g. “ICAC Investigators” and “Point of Entry”. Besides, he was also the main host for NOW TV “Cooking Ma Ma”. Until now, he already acted in more than 30 movies, and countless Television Dramas, Music Video.
In addition, the audiences found his irresistible charm on different advertisements, such as the TVC from Malaysia Airlines recently. He was also the ambassador of a men’s skin care Bella in Hong Kong, Singapore and Malaysia.
For leisure, he loves to practice yoga, fishing, water sports and fitness.
Copyright © 2020 Quest Artists & Models. All Rights Reserved. by RSEOHK
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ALIENATING
Olympic champion and British knight Mo Farah may be barred from his US home by Trump’s ban
Reuters/Kai Pfaffenbach
Far from home.
By Lily Kuo
Published January 30, 2017 This article is more than 2 years old.
President Donald Trump’s travel ban on seven Muslim-majority countries, including three African countries—Somalia, Sudan, and Libya—has stranded doctors, students, athletes, and refugees who have waited years for resettlement in the US.
Among them is four-time Olympic champion runner Mo Farah, a dual British-Somali citizen, who is training in Ethiopia and may be barred from returning to the US, where he and his family have lived in Oregon for six years. Farah, who emigrated to the UK as a child, recently received a knighthood, one of the highest honors that the Queen can bestow. “On 1st January this year, Her Majesty The Queen made me a Knight of the Realm,” he wrote on Facebook. “On 27th January, President Donald Trump seems to have made me an alien.”
“It’s deeply troubling that I will have to tell my children that Daddy might not be able to come home,” he wrote, “to explain why the President has introduced a policy that comes from a place of ignorance and prejudice.”
Mark Parker, the CEO of Nike, Farah’s official sponsor, released a statement supporting the runner and expressing opposition to Trump’s executive order.
There has been some confusion about how dual citizens will be affected by the ban, and it’s unclear whether Farah would actually be prevented from returning home. Previously, the US state department had said dual citizens of the named countries will be subject to the ban. The UK Foreign Office said on late Sunday that dual British citizens would only be affected if traveling from any of the seven banned countries. The US embassy in the UK, however, issued a notice that dual citizens of any of the banned countries were not eligible for visas. Farah, who was born in Somalia but has a British passport, has a green card for the US.
Reports are pouring in of citizens of Somali, Libyan, or Sudanese descent whose plans have been disrupted. Almost 300 Somali refugees scheduled to leave for the US from Kenya have had their flights canceled, according to the Mogadishu radio station Radio Dalsan. Most of the group were women and children who have been waiting as many as 15 years to be resettled. They will most likely be returned to a refugee camp in northern Kenya, Dadaab, which Kenyan officials have been threatening to close.
A Somali mother and her two children coming from Kenya were reportedly detained for almost 20 hours, at points handcuffed, at Washington’s Dulles airport before being reunited with her husband after a federal court in New York issued a stay on the executive order. A Somali man whose family waited hours for him at the Seattle-Tacoma airport is believed to have been sent back to Vienna, where his flight had come from.
Suha Abushamma, 26, a first-year internal medicine resident at a clinic in Cleveland, Ohio, was prevented from returning to Ohio after taking a vacation to Saudi Arabia, where she lived before moving to the US. A citizen of Sudan with a work permit to be in the US, Abushamma was held for 10 hours before being put on a plane back to Saudi Arabia.
Another doctor, Kamal Fadlalla, a second-year resident at the Interfaith Medical Center in Brooklyn, wasn’t allowed to board his flight from Sudan back to the US. “Everything’s there,” he told ProPublica. “My bank accounts are there. My house is there. My friends. I have research there. I have my patients. I have my whole life there.”
In South Africa, home to large communities of African refugees, the tourism minister called on those banned from the US to come to the southern African country instead.
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Briana DeJesus' Baby Daddy Fights With Her Over Ex-Boyfriend Drama: 'Suck My D**k!'
Source: MTV
Sep. 12 2017, Published 11:22 a.m. ET
Briana Dejesus' baby daddy gave her drama for her baby shower! On this week's Teen Mom 2, Luis Hernandez fought with DeJesus over her ex-boyfriend attending their daughter's shower.
The drama started when Hernandez brought his friends to the party. One of them even brought his own cameraman to film him for a documentary.
"Did it ever occur to you to call Briana first and ask her?" DeJesus' mom asked Hernandez, as he responded, "He's filming him, not everything going on."
Her mom fired back, "Him is here! It's f**ked up for you to not have given Briana a heads up. Just to show up with a camera rolling when we already have cameras recording. Do you not think that's wrong? It's a lack of respect."
But the fighting didn't stop there, as Hernandez fought with her for inviting her ex-boyfriend to their baby shower.
"You serious? You wouldn't think that would be something you would like to tell me?" he asked her, as DeJesus responded, "We're not together. We're friends."
When he said that she wouldn't be happy if he brought another woman to the shower, she replied, "He's not coming as a date he's coming as a guest because he wanted to come. It's not your place."
When DeJesus' mother agreed with Hernandez, DeJesus fired, "He could suck my d**k for all I care!"
Also on the episode, Kailyn Lowry is forced to bring her sons Isaac, 7, and Lincoln, 3, to class because her ex-husband Javi Marroquin didn't have car seats in his vehicle.
Lowry, who was pregnant at the time with her third child, admitted to a friend how difficult co-parenting with Marroquin has been.
"It's been rough trying to get my s**t together," she complained. "I thought we would just have problems being married. They carried over into now."
She then explained that he filed for child support out of "spite" and because he plays "mental mind games."
She then praised her other two baby daddies, Isaac's father Jo Rivera and Baby Lo's dad Chris Lopez. She explained how Lopez would never file for custody or child support, while Rivera stays out of the drama.
But Lowry spoke too soon, as Rivera discussed modifying custody for Isaac.
"I've been worried about Isaac," Rivera told his fiancé Vee Torres. "The other night he was asking me, 'Where am I sleeping today? Am I staying with you? Am I staying with mom? Am I going to Javi's house? It's been hard on him with that erratic schedule. It's finally starting to show that it's affecting him."
He then explained how he would consult with a lawyer for 50/50 custody so that their son doesn't "bounce back and forth" three days a week.
Jenelle Evans was faced with custody drama herself, as she prepared to fight for custody of her son Jace against her mother Barbara.
"Jace feels really stuck in the middle and I just don't want him worrying about it anymore," Evans said, as she later explained, "I'm nervous as hell. I've been crying on and off all morning. I'm shaking."
Her mother was nervous too, but not over losing custody of the 7-year-old.
"I'm more nervous about putting Jenelle through this," she said. "There is no more relationship between us because David is there. David alienates me from Jenelle. He only wants jenelle and those kids in the woods. Jenelle has not been the girl I used to know since she's been with David."
She added of if the judge decides to let Jace live with her, "I'm going to be so worried about Jace. I know he won't be happy and I think it will ruin his life."
After receiving good news that Leah Messer's daughter Ali's breathing problems stemmed from allergies and not muscular dystrophy, she turned her attention back to getting her daughter an aide in school.
"She had mentioned that she hadn't been eating in school and that she was falling a lot," she told her sister. "She needs someone with her by her side at all times. I have a meeting at her school tomorrow to get her an aid. I'm fighting for Ali."
Fortunately for Messer, her meeting went well.
"It came down to determining whether she needed it at certain times or all day and we all agreed she needed it all day," Messer explained to her husband Corey Simms. "They said it would go into place now. It will carry on forever, unless we have another meeting and say she don't need an aid."
As for Chelsea Houska, she spent one-on-one time with her daughter Aubree.
On their way back from the butterfly house and aquarium, Aubree said how she has seen her father Adam Lind and his girlfriend Stasia during her weekend visits with his mother.
When Aubree asked why her grandma has to be there during her visits with her father, Houska explained, "That's the rules that the person made and so that's how we have to follow them. Maybe someday that will change."
Teen Mom 2 airs Mondays at 9/8c on MTV.
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Adele for 10 years refused to tour for my son
The author of “Someone Like You” has decided that will not be able to combine career and family. And chose what he considers the main.
This choice is faced by many working mothers. But usually stars try to find balance between family and work. But this is not about British singer Adele. 28-year-old star is sure: when it comes to the son, of the compromises and speech can not be. The mother needs the child entirely!
To the grief of fans, the singer said about his decision to abandon the tour for the next 10 years. Or rather, a College boy in the school. Adele thought at this time Angelo won’t be able to accompany her on trips. And to keep the baby she does not want.
“Angelo is the main priority of her life, said the insider edition of the Sun. She doesn’t want to miss anything in his childhood and growing up and certainly willing to give up for this from tour.” Recall, once Adele has already proved his attachment to the family when canceled all concerts and touring at the time of pregnancy and the first three years of the life of Angelo.
At the same time about concerts in your city, and the new album, the star didn’t say a word. So, probably, to hear her voice, the fans will still be able. Only here would have to fly across the ocean. The singer and her civil husband, businessman Simon Konecki recently purchased in the States real estate.
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Egypt's New Regime and the Future of the U.S.-Egyptian Strategic Relationship
Mr Gregory Aftandilian
This monograph examines the strategic importance of Egypt for the United States by exploring Egypt's role in the Arab-Israeli peace process, its geographical role (providing air and naval access) for U.S. military assets heading to the Persian Gulf, and joint training programs. With so much at stake in the Middle East, the idea of "losing" Egypt as a strategic ally would be a significant setback for the United States. The Egyptian revolution of early 2011 was welcomed by U.S. officials because the protestors wanted democratic government which conformed to U.S. ideals, and the institution that would shepherd the transition, the Egyptian military, had close ties with the United States. To bolster the U.S.-Egyptian relationship and help keep Egypt on the democratic path, the monograph recommends that U.S. military aid should not be cut, economic aid should be increased, and U.S. administration officials should not oppose congressional conditions tying aid to democratic norms because it signals U.S. support for democracy. The United States should continue to speak out for free and fair elections and other international norms, but should avoid commentating on the role of religion and Islamic law in the Egyptian Constitution. Helping the Egyptian military deal with the extremist threat in the Sinai, which the United States has already offered, should also be continued. The U.S. Army should continue to advocate for military-to-military contacts, encourage their Egyptian counterparts to continue to attend U.S. professional military educational institutions, engage with Egyptian counterparts on regional threat assessments, and advocate for a reactivation of the Bright Star exercises. What U.S. Army officials and officers should do is avoid getting into discussions with Egyptian military officers about Egyptian domestic politics, and drop any interest they may have in convincing Egypt to opt for a “more nimble” force because Egyptian defense officials would see it as an effort to weaken the Egyptian military.
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Molecular dissection of the myelinated axon
Ann Neurol. 1993 Feb;33(2):121-36. doi: 10.1002/ana.410330202.
S G Waxman 1 , J M Ritchie
1 Department of Neurology, Yale University School of Medicine, New Haven, CT.
DOI: 10.1002/ana.410330202
The membrane of the myelinated axon expresses a rich repertoire of physiologically active molecules: (1) Voltage-sensitive NA+ channels are clustered at high density (approximately 1,000/microns 2) in the nodal axon membrane and are present at lower density (< 25/microns 2) in the internodal axon membrane under the myelin. Na+ channels are also present within Schwann cell processes (in peripheral nerve) and perinodal astrocyte processes (in the central nervous system) which contact the Na+ channel-rich axon membrane at the node. In some demyelinated fibers, the bared (formerly internodal) axon membrane reorganizes and expresses a higher-than-normal Na+ channel density, providing a basis for restoration of conduction. The presence of glial cell processes, adjacent to foci of Na+ channels in immature and demyelinated axons, suggests that glial cells participate in the clustering of Na+ channels in the axon membrane. (2) "Fast" K+ channels, sensitive to 4-aminopyridine, are present in the paranodal or internodal axon membrane under the myelin; these channels may function to prevent reexcitation following action potentials, or participate in the generation of an internodal resting potential. (3) "Slow" K+ channels, sensitive to tetraethylammonium, are present in the nodal axon membrane and, in lower densities, in the internodal axon membrane; their activation produces a hyperpolarizing afterpotential which modulates repetitive firing. (4) The "inward rectifier" is activated by hyperpolarization. This channel is permeable to both Na+ and K+ ions and may modulate axonal excitability or participate in ionic reuptake following activity. (5) Na+/K(+)-ATPase and (6) Ca(2+)-ATPase are also present in the axon membrane and function to maintain transmembrane gradients of Na+, K+, and Ca2+. (7) A specialized antiporter molecule, the Na+/Ca2+ exchanger, is present in myelinated axons within central nervous system white matter. Following anoxia, the Na+/Ca2+ exchanger mediates an influx of Ca2+ which damages the axon. The molecular organization of the myelinated axon has important pathophysiological implications. Blockade of fast K+ channels and Na+/K(+)-ATPase improves action potential conduction in some demyelinated axons, and block of the Na+/Ca2+ exchanger protects white matter axons from anoxic injury. Modification of ion channels, pumps, and exchangers in myelinated fibers may thus provide an important therapeutic approach for a number of neurological disorders.
Astrocytes / ultrastructure
Axons / metabolism*
Calcium-Transporting ATPases / metabolism
Carrier Proteins / metabolism
Ion Channels / metabolism
Ion Channels / physiology
Myelin Sheath / metabolism*
Nervous System Diseases / drug therapy
Neural Conduction
Ranvier's Nodes / ultrastructure
Schwann Cells / ultrastructure
Sodium-Calcium Exchanger
Sodium-Potassium-Exchanging ATPase / metabolism
Calcium-Transporting ATPases
Sodium-Potassium-Exchanging ATPase
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Reps want new doctors recruited to replace those leaving Nigeria
Leke Baiyewu
FILE: Members of the House of Representatives at plenary
The House of Representatives has called for the recruitment of medical personnel to replace doctors and other health workers, who have quit Federal Government jobs and left Nigeria for better offers in other countries.
The call is coming at a period of mass exodus of workers in the country’s health system, especially doctors and nurses.
At the plenary on Thursday, the House urged the Federal Ministry of Finance, the Head of the Civil Service of the Federation, Director-General of the Budget Office and the Ministry of Health to “urgently grant financial cover as well as waiver on incidental costs of replacement of resigned and retrenched health workers to the federal medical colleges, federal hospitals as well as teaching hospitals and centres.”
The House also mandated its Committee on Healthcare Services to engage in a periodic and systematic review of the execution of the much-needed reforms.
The resolutions followed the unanimous adoption of a motion moved by a member, Uju Kingsley, titled, ‘Need for the Replacement of Health Workers who have Migrated to other Countries in the Wake of the COVID-19 Pandemic’.
Kingsley said, “The House notes the massive exodus of indigenous health workers to other countries in search of greener pastures, especially since the coronavirus pandemic.
Twitter ban: FG has no right to regulate freedom of opinion –Minority reps
UPDATED: Reps pass 2022 budget, raise estimates to N17tn
Reps lament pressure from constituents over Customs recruitment
“The mass departure and widespread apathy of health workers are mostly predicated on the sub-par remuneration structure offered to them despite being exposed to great risks.
“The House is concerned that the number of COVID-19 cases may become too overwhelming for the current number of medical personnel, thus exposing the country to even greater risk of the spread of the virus.
“The House is cognisant that a radical approach needs to be taken to fill the gap in the health sector through massive recruitment and replacement of health workers as well as an upgrade in the remuneration of workers in the health sector. An effective stakeholders’ engagement of the relevant ministries, departments and agencies will serve as a catalyst to effecting the reforms.”
Tags: doctors Doctors recruitment Reps
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Gotham Club Rules (1837)
From Protoball
Revision as of 15:08, 6 March 2016 by Whicklin (talk | contribs)
An interview with (the unnamed) William Rufus Wheaton, from the San Francisco Examiner, November 27, 1887.
Wheaton was the founding vice-president of the Knickerbockers, and together with William H. Tucker was tasked with drafting that club's famous 1845 rules. This account, the discovery of which by Randall Brown in 2004 set the world of baseball history on its ear, suggests that the Knickerbocker Rules were not novel, but a repeat of the rules Wheaton had written down for the Gothams eight years before (excepting the bound rule, to which the younger club reverted).
HOW BASEBALL BEGAN
A Member of the Gotham Club of Fifty Years Ago Tells About It.
PLAYED FOR FUN THEN.
The Game Was the Outgrowth of Three-Cornered Cat, Which Had Become Too Tame.
Baseball to-day is not by any means the game from which it sprang. Old men can recollect the time when the only characteristic American ball sport was three-cornered cat, played with a yarn ball and flat paddles.
The game had an humble beginning. An old pioneer, formerly a well-known lawyer and politician, now living in Oakland, related the following interesting history of how it originated to an EXAMINER reporter:
“In the thirties I lived at the corner of Rutgers street and East Broadway in New York. I was admitted to the bar in ’36, and was very fond of physical exercise. In fact we all were in those days, and we sought it wherever it could be found. There were at that time two cricket clubs in New York city, the St. George and the New York, and one in Brooklyn called the ‘Star,’ of which Alexander Campbell, who afterwards became well known as a criminal lawyer in ‘Frisco, was a member. There was a racket club in Allen street with an inclosed court.
Myself and intimates, young merchants, lawyers and physicians, found cricket too slow and lazy a game. We couldn’t get enough exercise out of it. Only the bowler and the batter had anything to do, and the rest of the players might stand around all the afternoon without getting a chance to stretch their legs. Racket was lively enough, but it was expensive and not in an open field where we could have full swing and plenty of fresh air with a chance to roll on the grass. Three-cornered cat was a boy’s game, and did well enough for slight youngsters, but it was a dangerous game for powerful men, because the ball was thrown to put out a man between bases, and it had to hit the runner to put him out. The ball was made of a hard rubber center, tightly wrapped with yarn, and in the hands of a strong-armed man it was a terrible missile, and sometimes had fatal results when it came in contact with a delicate part of the player’s anatomy.
THE GOTHAM BASEBALL CLUB.
We had to have a good outdoor game, and as the games then in vogue didn’t suit us we decided to remodel three-cornered cat and make a new game. We first organized what we called the Gotham Baseball Club. This was the first ball organization in the United States, and it was completed in 1837. Among the members were Dr. John Miller, a popular physician of that day; John Murphy, a well-known hotel-keeper; and James Lee, President of the New York Chamber of Commerce. To show the difference between times then and now, it is enough to say that you would as soon expect to find a Bishop or Chief Justice playing ball as the present President of the Chamber of Commerce. Yet in old times everybody was fond of outdoor exercise, and sober merchants and practitioners played ball till their joints got so stiff with age they couldn’t run. It is to the oft-repeated and vigorous open-air exercise of my early manhood that I owe my vigor at the age of 73.
The first step we took in making baseball was to abolish the rule of throwing the ball at the runner and order that it should be thrown to the baseman instead, who had to touch the runner with it before he reached the base. During the regime of three-cornered cat there were no regular bases, but only such permanent objects as a bedded boulder or an old stump, and often the diamond looked strangely like an irregular polygon. We laid out the ground at Madison square in the form of an accurate diamond, with home-plate and sand-bags for bases. You must remember that what is now called Madison square, opposite the Fifth Avenue Hotel, in the thirties was out in the country, far from the city limits. We had no short-stop, and often played with only six or seven men on a side. The scorer kept the game in a book we had made for that purpose, and it was he who decided all disputed points. The modern umpire and his tribulations were unknown to us.
HOW THEY PLAYED THEN
We played for fun and health, and won every time. The pitcher really pitched the ball and underhand throwing was forbidden. Moreover he pitched the ball so the batsman could strike it and give some work to the fielders. The men outside the diamond always placed themselves where they could do the most good and take part in the game. Nowadays the game seems to be played almost entirely by the pitcher and catcher. The pitcher sends his ball purposely in a baffling way, so that the batsman half the time can’t get a strike or reach a base. After the Gotham club had been in existence a few months it was found necessary to reduce the rules of the new game to writing. This work fell to my hands, and the code I then formulated is substantially that in use to-day. We abandoned the old rule of putting out on the first bound and confined it to fly catching. The Gothams played a game of ball with the Star Cricket Club of Brooklyn and beat the Englishmen out of sight, of course. That game and the return were the only two matches ever played by the first baseball club.
The new game quickly became very popular with New Yorkers, and the numbers of the club soon swelled beyond the fastidious notions of some of us, and we decided to withdraw and found a new organization, which we called the Knickerbocker. For a playground we chose the Elysian fields of Hoboken, just across the Hudson river. And those fields were truly Elysian to us in those days. There was a broad, firm, greensward, fringed with fine shady trees, where we could recline during intervals, when waiting for a strike, and take a refreshing rest.
LOTS OF EXERCISE AND FUN
We played no exhibition or match games, but often our families would come over and look on with much enjoyment. Then we used to have dinner in the middle of the day, and twice a week we would spend the whole afternoon in ball play. We were all mature men and in business, but we didn’t have too much of it as they do nowadays. There was none of that hurry and worry so characteristic of the present New York. We enjoyed life and didn’t wear out so fast. In the old game when a man struck out those of his side who happened to be on the bases had to come in and lose that chance of making a run. We changed that and made the rule which holds good now.The difference between cricket and baseball illustrates the difference between our lively people and the phlegmatic English. Before the new game was made we all played cricket, and I was so proficient as to win the prize bat and ball with a score of 60 in a match cricket game in New York of 1848, the year before I came to this Coast. But I never liked cricket as well as our game. When I saw the game between the Unions and the Bohemians the other day, I said to myself if some of my old playmates who have been dead forty years could arise and see this game they would declare it was the same old game we used to play in the Elysian Fields, with the exception of the short-stop, the umpire, and such slight variations as the swift underhand throw, the masked catcher and the uniforms of the players. We started out to make a game simply for safe and healthy recreation. Now, it seems, baseball is played for money and has become a regular business, and, doubtless, the hope of beholding a head or limb broken is no small part of the attraction to many onlookers.”
Retrieved from "https://protoball.org/index.php?title=Gotham_Club_Rules_(1837)&oldid=207388"
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Home / Events / Psychology Colloquium: Dr Adam Bulley School of Psychology and Brain and Mind Centre, University of Sydney
Psychology Colloquium: Dr Adam Bulley School of Psychology and Brain and Mind Centre, University of Sydney – School of Psychology Psychology Colloquium: Dr Adam Bulley School of Psychology and Brain and Mind Centre, University of Sydney – School of Psychology
Psychology Colloquium: Dr Adam Bulley School of Psychology and Brain and Mind Centre, University of Sydney
Dr Adam Bulley
Adam Bulley is an NHMRC CJ Martin Fellow at the School of Psychology and Brain and Mind Centre, University of Sydney, and the Department of Psychology at Harvard University
Title: Making decisions about the future: lessons from research in prospection
Aside from its role in remembering the past, human memory also contributes to our capacity to think about and imagine what might happen in the future. This prospective cognition is a foundation of adaptive behaviour and serves multiple functions in everyday life. In this talk, I will explore one such function: making flexible decisions that take delayed consequences into account. Trade-offs between sooner and later consequences are pervasive and consequential in human affairs, arising in decisions about our finances, health, relationships, politics, the environment, and in a range of other domains. A great deal of research has therefore attempted to leverage prospection to encourage patience across these domains, and I will review the promise of those efforts. However, I will also show why increasing patience is not necessarily a desirable goal and demonstrate how farsightedness can sometimes paradoxically encourage people to be less patient, not more. Throughout, I will draw lessons from the cognitive science of prospection for our understanding of impulsivity and self-control.
Adam Bulley is an NHMRC CJ Martin Fellow at the School of Psychology and Brain and Mind Centre, University of Sydney, and the Department of Psychology at Harvard University. He completed his PhD at the University of Queensland in cognitive science before moving overseas for his postdoctoral research. He is now back in Australia and has recently joined the school here at the University of Sydney. His research focuses on how people imagine and make decisions about the future.
Sophie Ellwood
psychology.research@sydney.edu.au
School of Psychology is proudly powered by WordPress
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Top 5 Apps Every Lagosian Should Have
Do you ever wonder what the top apps every Lagosian should have are?
The most populated city in Nigeria, Lagos, is home to several employment and relaxation opportunities. This is why people often try to figure out the key tips for surviving in the big city of Lagos.
These apps will allow you to have smooth sailing while you are in Lagos, and they will also let you skip through most of the problems which Lagos can sometimes provide.
The reality is there’s often no modern-day guide for people who want to learn how to thrive in the big city. There are so many reasons why Lagos attracts people from all over Nigeria, including the nightlife, job opportunities, and room for growth.
In this guide, we will be listing the top apps every Lagosian should have based on their usefulness to daily living in the city of Lagos.
Top Apps Every Lagosian Should Have
Here are the top apps every Lagosian should have:
1. Google Maps
Google Maps has been in existence since 2005 and has been updated over and over again over the years. Staying in Lagos, you’ll get used to one fact of life in the city, traffic. People scramble daily to beat traffic and get to work on time, and gridlock can be very tedious. Surviving in Lagos can sometimes be an extreme sport when trying to dodge traffic. Enter Google Maps, which helps you navigate through the city by giving you information about traffic patterns, shorter routes, and navigating areas that you are not familiar with.
You can also use Google Maps to find fun places to hang out in Lagos mainland or island (because Lagos is a city with so many choices). Google maps also helps you share a location with your friends if you want to have a group outing. a
An essential app for you to use when you’re in Lagos, Google Maps saves you a whole lot of stress. Google Maps does not cost a dime to use and usually comes free with most Android devices.
2. Uber/Bolt
Mobility is a critical issue in Lagos. It can sometimes be stressful trying to rack your head around the form of transportation to use in the city. Uber, the world-class mobility champion, started its operations in Lagos in 2014. According to reports by Vanguard Nigeria, Uber in 2018 had reached a peak of 267 000 monthly rides in Nigeria. T
Their competitor’s Bolt (initially Taxify) launched in 2016 two years after and has been in operation ever since.
Using any of these apps to hail rides and get around Lagos has been the trend for a long while. The apps are quite easy to use and you can download them both from the App and Play stores. Rides on the apps cost as little as 500 Naira ($1.4) depending on the distance of your trip. Both services run until late in the night, so you can use them even in the wee hours of the day to get around. Never be stranded again!
3. PiggyVest/CowryWise
Money makes the world go round, and one way to keep your cash flowing is by saving and investing. There are two apps which are worth mentioning if you want to make anything of your finances, you will need to get either of them. PiggyVest was founded in 2016 and launched with its name being Piggybank.ng. The service initially offered savings only options, but three years later, in 2019, it began offering investing options. CowryWise was founded one year after PiggyVest and has been in direct competition with the service ever since.
Both apps are available on the Play and App stores for downloads, and you will need a working bank account and BVN to sign up successfully. You can start saving with as low as 100 Naira ($0.2) and investing with as little as 10 000 Naira ($28.5). You should get a hold of your finances today because there is a lot of fun to be had in Lagos, and you can’t have fun without money.
4. Bank Apps
Banking has become an irrefutable force of economic life. The Nigerian banking industry has gone through several technological changes over the years, which have made it easier and more comfortable to conduct transactions over the internet. From older banks like First Bank and Zenith Bank to the newer and digital-only banks like Alat and Rubies, it is vital to have your bank app on your smartphone at all times.
Spending money is inevitable, but it is always helpful to have an easy way to spend it. It is easier for you to make transactions using your bank than carrying cash all over the place. If you do not already use your bank app, you should consider getting it from either the Play or App Store.
5. Opay
Opay is a multipurpose app that began operation in Nigeria in 2018 after Opera acquired Paycom, a Nigerian payment company. The app is what can be termed a super app after similar apps that exist in China. With Opay, you can hail rides, order food, send money, take loans, and save money. The most important and frequently used service used on the platform is the bike hailing function. Lagos, which usually gets gridlocked and can be a pain to navigate. Bikes have become every Lagosians best friend, so they have become the most used feature on the super app.
Opay has made it easier for Lagosians to move around, especially during periods of high levels of traffic congestion. This puts them at an advantage over car-hailing services, which usually get trapped in the traffic. Do not focus too much on the bike hailing aspect of the app, as other services could be lifesavers, including the food delivery option. Who doesn’t like food delivered directly to them?
Lagos could sometimes be challenging to live in, so if there is any way to make your life easier, we are sure you would love it. These apps we have listed will make your life easier.
If you do not already have them, you should get them now and watch how they transform your life. If you know anyone who might currently be experiencing any of the problems these apps can solve, you should share this article now! You could be saving a life!
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Which are the 4 Indian cities with extreme climate?
In a world constantly searching for the right balance, it doesn’t help to note that the weather around us is incredibly extreme. Moreover, it doesn’t put up a rosy picture to note that there are a few Indian cities with…
5 Places In India Where You Should Travel With Your Family!
Avni S. Singh
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Using songs in the English lesson
By RATE (Romania) on Aug 25, 2020 | In 1
Using songs in the English lesson. An overview
by Ligia-Daniela Botiza, “Inochentie Micu” High School, Cluj-Napoca, Romania
Keywords: warm-up, creative writing, storytelling, teamwork, isolation exercises
This article aims at presenting the importance of using songs in the English lesson. The article is divided in two main parts: I. Why use songs in the English lesson? and II. How can we use songs in the EFL class? Part I presents reasons for using songs in the English class. Part II presents activities for engaging students, activities for changing the mood, activities for practising reading, listening, speaking and writing. The author wished to stir up the interest of EFL teachers in using songs in the English lesson.
I. Why use songs in the English lesson?
Music is a powerful stimulus for student engagement because it speaks directly to our emotions while still allowing us to use our brains to analyse it and its effects. A piece of music can change the atmosphere in a classroom or prepare students for a new activity. It can amuse and entertain, and it can make a satisfactory connection between the world of leisure and the world of learning in the classroom. Music can play a really important part in the language classroom. It can change the atmosphere in the room within seconds.
Singing in different languages fosters an understanding of geography and different cultural contexts, in order to interpret the songs with as much authenticity as possible. Developing singing skills also helps with maths and literacy, subject knowledge across the curriculum. Singing can also help with other areas of learning: confidence, leadership and teamwork.
History, philosophy, linguistics songs will bring in all sorts of themes. A song or a poem can be a window into one country or language and that in itself gives so much depth to the language the students are learning. Any opportunity to follow up with a well-planned performance allows children to receive tangible acknowledgement and encouragement, as they see the audience enjoy their singing. Their increased confidence naturally goes with them in the rest of their lives at school. When you sing in a group, you learn the pleasure of working together as a team to create something polished and special to share with friends and family. This is of great personal benefit, not just for young people, but for adult singers too.
II. How can we use songs in the EFL class?
Songs can be used for a variety of activities. We can use songs for creating activities that engage students and change their mood. We can create activities for practising reading, listening, speaking and writing.
Activities for engaging students
If music is playing as students enter the class it can be a nice way to settle the group. We can give the class a few minutes to settle down and then turn the volume down slowly and use the end of the music as an indicator to the students that the class will begin.
We can use music as a nice lead-in to the lesson. Michael Jackson`s “Earth song” can be used to provoke students to discuss some issues of natural disasters. When choosing an appropriate warm-up song, we should select one with an easily repeatable chorus.
Guess the title
Prior to listening to the song, we can show some pictures connected with the song and make students guess the name of the band or the title of the song. For example, before listening to Sting`s “Englishman in New York”, we can show some pictures of a man with Big Ben in the background and another photo presenting the Statue of Liberty and make them guess the title of the song.
Activities for changing the mood
Different types of music will provoke very different reactions within the students. We can explore this by playing a selection of different types of music for a minute or so and asking students to write some adjectives of how they feel when listening to the different types of music.
Music can be used to calm down an over excited class or to wake up a sleepy one. If we know that our students have high energy levels and sometimes need to calm down, we should try playing some relaxing music while they work. At first, they might find it strange but they will get used to it. With sleepy students, we should try putting some of their favourite tunes on as they work. It may help to increase their energy levels.
Fun and laughter
It is important to be tolerant and playful with songs. We should not make fun of our own voice or focus on our own mistake with a lyric. Instead, we should model acceptance of singing. If our students enjoy the activities, they will learn better.
We should simply initiate laughter among the children and have them keep it going. Laughter changes the chemistry of their brains. It connects them. As with all forms of creative activities, laughter must be practiced in a supportive environment.
Isolation Exercises
We could find any excuse to get children up and moving, particularly with songs. Then we could bring in the emotions. We could have them sing a song like “Simple Gifts”, by Joseph Brackett, or “Morning Has Broken”, by Cat Stevens, while walking around the room showing sadness in their bodies as they sing. The songs will sound sad simply because their motions and emotions reflect sadness. We should have them sing a song like “This Little Light of Mine” by Harry Dixon Lo, while walking around, showing joy in their bodies. We can also do a seated version of the song, during which the children simply show the emotions in their faces. The group will discover the huge connection between their emotions and their singing and dancing. Everything we do is shaped by our emotions.
Once the children are accustomed to showing emotions in their faces and bodies, we should have them sing a sad song while walking with great joy, and then sing a happy song while walking with sadness. We call this type of activity isolation exercises. It is a fun and challenging way for children to disconnect their physical selves from their emotional selves. It is simply the next step in letting them find the emotional core of what they do. We could try isolation exercises with other emotions, like anger and laughter. Then return to the normal way of singing, using happy movement and faces with happy songs or sad faces and movement with sad songs. We should have children play with the emotions and allow them to be truly expressive, truly alive.
Activities for practising reading
Songs can be good for reading activities. We can print out some song lyrics. Then we cut up the lyrics into separate lines or verses. We can ask the students to guess the correct order. Then we listen to the song to check if it is right. To prepare for Cambridge English Qualifications, the students should practise thinking about the main ideas and messages in the text. We can use song lyrics to practise this type of reading skill. We need to encourage the students to think about the meaning and emotions of a song. What would they put in the music video for this song? We could film the students performing their video. Then we watch the official music video. Are the ideas the same or different?
Activities for practising listening
Order the verses
With low level students this is a very simple activity. We could crop up the lyrics of the song by verse and give a small group of students the jumbled verses. As they listen, they put them in order.
Teaching Grammar and Vocabulary Lessons with the Help of Songs
When using songs to teach beginners, repetition is the key. Repetition in a song allows a beginner to catch on to what is being said or sung. We need to choose songs with catchy refrains and repetitive structures to make sure beginners are getting the most of them. “Do you like bananas?”, by Jen Nard, is a great song that is ideal for teaching yes/no questions to beginners. The lyrics go through a series of questions beginning with “Do you like….” and then answer each question by saying, “Yes, I do,” or “No, I don`t”. The refrain goes like this: “When I like it, I like it, yum, yum, yum. When I hate it, I hate it, yuck, yuck, yuck.” Most of the elements in the song are food vocabulary words. The song is ideal for introducing and reinforcing vocabulary for lower level students. The ideal way to use this song in the classroom is in an interactive way. Because the song is fairly easy to learn, we can go through it in class once or twice with the video as an accompaniment, but then, ask students to write and sing their own “Do you like ….” questions. In order to do this without putting our shy students on the spot, we should try having the whole class sing the song. Then we could call on students at random to insert a food item to be asked about. To ensure that the question form has been well integrated by all students, we must be sure that the song is not the only element of the lesson. We may start the lesson by introducing the question form, and follow the song portion of the lesson with a worksheet of yes/no questions or a pair work activity to reinforce what`s being taught.
If we want to teach vocabulary, the days of the week, the song “Friday I`m in Love”, by The Cure, is an ideal way to do it. While this classic rock song is fun to listen, it`s also great for learning the days of the week. We can approach this song in several ways. For true beginners, it may be enough to ask the class to chime in at moments when the day of the week is being said. In this case, the exercise makes a fun way to end a week of classes that have introduced them to the days of the week and months of the year. We can also use it as a jumping off point to allow students to make their own sentences about what they do on each day of the week. We must closely examine the lyrics for new vocabulary with students in this case, helping them to truly understand the words of the song before moving on to making their own sentences.
The mix-it-up
With partner songs and rounds, we can do a mix-it-up. A partner song is made up of two or more songs that are sung at the same time. We can combine “Wade in the Water” by Eva Cassidi with the children`s round, “Shalom Chaverim” by Lorna, and the Hey Yanna section of the contemporary Native American song, “The Earth Is Our Mother” by Libana. We can have the class stand in a circle and assign each member a song from the ones we choose for the activity. We can tell the children they will repeat their assigned song many times, and when the leader gives the signal they will mix it up: they will simply keep singing their songs as they walk in free patterns around the room, greeting each other with a handshake or hug. We can add a hand drum or shaker to keep the beat and bring out the strong feelings or pulse.
The challenge for each child is to keep singing his/her own part while walking around the room greeting others who are singing different parts. The activity can create a tremendous sense of community, but it can also turn into chaos. If things get chaotic, we can use the experience as a life lesson, and we can do the activity again. This time we will instruct the children to concentrate on listening to each other while they sing, as opposed to singing their own parts at the tops of their lungs without listening to the music they are collectively creating. They learn that true community means letting their voices be part of the collective voice, and it can be a humbling experience for them. We should keep trying this activity and when we have successfully mixed it up, we can sit the children down, quiet them, and ask the group what the mix-it-up felt like. What did they learn? For some, the experience will be almost spiritual, and for others it will be frustrating and a great challenge, but it will be stimulating for all. They will all benefit from doing the activity again some other time, and again after that.
Classic gap-fill
Every language student has been given at some point a song to listen to and the lyrics with gaps in for them to fill in as they listen. Before doing this activity, we should think about why we are taking out certain words. It may be better to take out all the words in one group, such as prepositions or verbs, and tell students what they should be listening out for. Another option is to take out rhyming words. We should not be tempted to take out too many words, eight or ten is normally enough. To make the task easier we could provide the missing words in a box at the side for the students to select, or we could number the gaps and provide clues for each number.
Spot the mistakes
We could change some of the words in the lyrics and, as students listen, they have to spot and correct the mistakes. We should limit the mistakes to a maximum of eight or ten and, if possible, choose a word set. We could make all the adjectives opposites for example. Another example of this for higher levels is to show the students the real lyrics and we correct the English and make it proper. For example, “gonna” changes into “going to” “we was” changes into “we were”. This is a good way to focus on song language.
Activities for practising speaking
Certain songs lend themselves to discussions and we can use the song as a nice lead in to the topic and a way to pre-teach some of the vocabulary.
Interview the band
For speaking practice after listening to a song by a well-known singer or group, we could ask our students to work in groups and prepare an interview with the singer or band members. Then, the students act out the dialogues in front of the class.
Practising speaking and pronunciation
Singing is great for learning the rhythm of a language. It helps us learn how words are linked together in connected speech. Singing can be challenging, even for native speakers. So, we need to help our students with some steps: we need to find the song lyrics online, or find a music video with subtitles. For example, “Sing and Learn” is great for young learners. We need to read the song lyrics out loud and look up any unknown words in a dictionary. We also need to listen to the song and read the lyrics at the same time. We have to encourage students to sing along. When they are ready, we need to try singing along without looking at the lyrics. We need to remember that the students don`t have to get it perfect straight away. It is more effective to repeat regularly. Some children find it hard to speak English because they are shy or lack confidence. Singing with other people can help them. It creates a safe space for students to practise expressing themselves aloud.
Storytelling with songs
Storytellers have been combining songs and stories for millions of years, and to this day many cultures tell stories in song. Homer sang The Iliad. Praise singers in western Africa chant stories to local leaders, telling of the leaders` many achievements and ridiculing the achievements of their rivals. The song lines of Australia are ancient paths on which elders embark on walkabouts, singing creation stories and recreating the world. The old Anglo-Saxon legend of Beowulf was probably told in song.
Activities for practising writing
Although there are still some teachers who oppose all use of the mother tongue in the language classroom, some students really enjoy translating lyrics into their own language. By translating the lyrics, the students can compare the features of English with the features of their mother tongue.
Write the next verse
Higher level students can write a new verse to add to a song. We should focus on the patterns and rhyme of the song as a group and then let students be creative. If they are successful, the new verses can be sung over the top of the original. We can divide our students into groups of 4-5 and ask them to write another verse of the lyrics, maintaining the same style as the original song. Next, the groups share their work with others. We can play some soft background music while they are working in groups. Such activities stimulate creativity in the classroom, boost team skills as well as develop students writing skills.
Music can serve as a great source of inspiration for our students, evoking wonderful memories and emotions. We can play, for example, “Over the rainbow” by Israel Kamakawiwo or “What a wonderful world” by Louis Armstrong and ask our students to close their eyes and imagine the best day in their life. After listening to a song, they can draw a picture of what they have just imagined, share it with their partner and write a story.
Composing, writing and posters
We listen to the song together with the students. The students add verses of their own. Some good songs for this are: “Imagine” and “Man Gave Names to All the Animals” both by Bob Dylan. The students finish the line in each verse then listen to check. In groups, students then write their own verse. We can put random words from the song on the board. Students try and write the “tale of the song”. The students paraphrase the song. We can cut the song in half. The students predict the other half. We can also arrange lyrics and pictures, or just lyrics or translate.
There are many ways in which we can use songs in the English lesson. With the help of songs we can set the scene in the classroom, we can lead the students in the new lesson and we can ask students to guess the title. We can also use songs for fun and laughter and for isolation exercises. Songs can also be used for ordering the verses, for teaching grammar and vocabulary lessons, for spotting the mistakes, for practising speaking and pronunciation, for storytelling, for translations and for creative writing. The above-mentioned activities are some of the most effective ways of using songs in the EFL class. There are also other possible ways of using songs for developing the students` skills. They will be the subject of future studies.
1. Harmer, J., (2007), The Practice of English Language Teaching, Fourth Edition, Pearson Longman
2. Payne, S., (2006), A song-based grammar lesson in record time, New York: Essential Teacher
3. Powers, W, (2010), Hamlet`s Blackberry. A Practical Philosophy for Building a Good Life in the Digital Age, Harper
4. Scrivener, J., (2011), Learning Teaching. The Essential Guide to English Language Teaching. Third Edition, USA: Macmillan
5. Wright, T., (1987), Language learning tasks, New Jersey: Prentice Hall International
Webography
https://www.fluentu.com/blog/educator-english/songs-for-teaching-english/
https://www.teachingenglish.org.uk/article/using-songs-classroom
https://www.teachingenglish.org.uk/article/using-music-songs
Ligia-Daniela Botiza has been teaching English in public schools for 13 years. She is currently working with primary, secondary and high school students and she is passionate about teaching English through songs and games, bringing reading to life, developing the students` creativity and role playing in the English lessons. She has attended courses, seminars and conferences in Cluj-Napoca, Bucharest, Iaşi and Timişoara. She has been involved in POSDRU projects: “Skills for Jobs”, POSDRU/160/2.1/s/141384 and “Ȋmpreună vom reuşi”, POSDRU91/2.2/S/64054.
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Australian National University (College of Asia and the Pacific) Home
The left, elections, and the political party system in the Philippines
Nathan Quimpo
Elections in the Philippines have long been the turf of trapos - traditional politicians identified with the country's oligarchic elite. At the same time, elections have been one of the weakest spots on the left. This is so not only because the trapos have always seen to it that there is no level playing field, but also because for some time, a large section of the left rejected elections as "bourgeois" exercises and chose to boycott them and fight in other arenas. This article examines the electoral challenge of the left - communists and the Communist Party-aligned "national democrats," as well as social democrats and independent socialists - to the trapos and traditional parties in the Philippines. The author argues that the left has not made much progress in breaking trapo domination over the post-Marcos political party and electoral systems not so much because of its long-held aversion to electoral politics, as some scholars contend, but more because of the persistence of an instrumental view of democratic processes and institutions - at least within a sizeable part of the left. But this is changing. The author observes that some emergent left parties have adopted or are moving toward an integral view of democracy. These emergent forces have made vital breakthroughs in the congressional party-list vote and are now more methodically entering other electoral contests, particularly at the barangay (village) and municipal levels.
Critical Asian Studies
Dive into the research topics of 'The left, elections, and the political party system in the Philippines'. Together they form a unique fingerprint.
political party Earth & Environmental Sciences 100%
election Earth & Environmental Sciences 82%
party system Social Sciences 65%
Philippines Social Sciences 58%
political system Social Sciences 55%
electoral system Earth & Environmental Sciences 40%
municipal level Earth & Environmental Sciences 28%
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Quimpo, N. (2005). The left, elections, and the political party system in the Philippines. Critical Asian Studies, 37(1), 3-28. https://doi.org/10.1080/1467271052000305241
Quimpo, Nathan. / The left, elections, and the political party system in the Philippines. In: Critical Asian Studies. 2005 ; Vol. 37, No. 1. pp. 3-28.
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author = "Nathan Quimpo",
journal = "Critical Asian Studies",
Quimpo, N 2005, 'The left, elections, and the political party system in the Philippines', Critical Asian Studies, vol. 37, no. 1, pp. 3-28. https://doi.org/10.1080/1467271052000305241
The left, elections, and the political party system in the Philippines. / Quimpo, Nathan.
In: Critical Asian Studies, Vol. 37, No. 1, 2005, p. 3-28.
T1 - The left, elections, and the political party system in the Philippines
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N2 - Elections in the Philippines have long been the turf of trapos - traditional politicians identified with the country's oligarchic elite. At the same time, elections have been one of the weakest spots on the left. This is so not only because the trapos have always seen to it that there is no level playing field, but also because for some time, a large section of the left rejected elections as "bourgeois" exercises and chose to boycott them and fight in other arenas. This article examines the electoral challenge of the left - communists and the Communist Party-aligned "national democrats," as well as social democrats and independent socialists - to the trapos and traditional parties in the Philippines. The author argues that the left has not made much progress in breaking trapo domination over the post-Marcos political party and electoral systems not so much because of its long-held aversion to electoral politics, as some scholars contend, but more because of the persistence of an instrumental view of democratic processes and institutions - at least within a sizeable part of the left. But this is changing. The author observes that some emergent left parties have adopted or are moving toward an integral view of democracy. These emergent forces have made vital breakthroughs in the congressional party-list vote and are now more methodically entering other electoral contests, particularly at the barangay (village) and municipal levels.
AB - Elections in the Philippines have long been the turf of trapos - traditional politicians identified with the country's oligarchic elite. At the same time, elections have been one of the weakest spots on the left. This is so not only because the trapos have always seen to it that there is no level playing field, but also because for some time, a large section of the left rejected elections as "bourgeois" exercises and chose to boycott them and fight in other arenas. This article examines the electoral challenge of the left - communists and the Communist Party-aligned "national democrats," as well as social democrats and independent socialists - to the trapos and traditional parties in the Philippines. The author argues that the left has not made much progress in breaking trapo domination over the post-Marcos political party and electoral systems not so much because of its long-held aversion to electoral politics, as some scholars contend, but more because of the persistence of an instrumental view of democratic processes and institutions - at least within a sizeable part of the left. But this is changing. The author observes that some emergent left parties have adopted or are moving toward an integral view of democracy. These emergent forces have made vital breakthroughs in the congressional party-list vote and are now more methodically entering other electoral contests, particularly at the barangay (village) and municipal levels.
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Quimpo N. The left, elections, and the political party system in the Philippines. Critical Asian Studies. 2005;37(1):3-28. https://doi.org/10.1080/1467271052000305241
Australian National University (College of Asia and the Pacific) data protection policy
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“LEVIATHAN” DESECRATE PANTHEON FOLK HERO SERBIAN RESISTANCE
According to our comrades from the Union of Communist Youth of Yugoslavia (SKOJ), today they strongly condemn and protest against the act of vandalism – the desecration of the Tomb of the People’s Heroes of the Yugoslav Anti-Fascist Resistance in Kalemegdan, which was committed by militants of the ultra-right group “Leviathan of the National Defense” on the night of 21-22 December 2020 To the active protest and its modest contribution to the need to assess the phenomenon, and most importantly in such cases – the international publicity of this criminal act is joined by the International Combat Social Action “SOUTH-EASTERN STAR”.
This act of neo-fascist vandalism only emphasizes and exposes the general European tendency of Nazification. It is worth noting that the development of and support for radical right-wing organizations are most relevant and pro-Kremlin agents, for many years in the field of propaganda and ideas of “DERZHAVNICHESCTVO” operating in Serbia under the guise of “cultural-educational centers” and “clubs of the Russian-Serbian friendship”.
This is the fourth time in 2020 that the Tomb of the Antifascist People’s Heroes has been attacked by right-wing extremists. The perpetrators of this monstrous act have never been found. It is possible that the professionally acting right-wing militants of the “Leviathan of National Defense” group have supervisors from any of the possible sides (and even specialists from the well-known PMC of the Russian Federation operating in the former territories of Yugoslavia). In this context, one cannot but consider the long-term friendly cooperation of Russian President V. Putin with the right-wing nationalist – the current leader of Serbia, Aleksandr Vucic, a political veteran of the conservative anti-communist fascist and Russophile party “Srpska Radikalna Stranka”.
Comrades from the “Union of Communist Youth of Yugoslavia” (SKOJ) – also report on incoming decisive threats, even fatal ones, coming from anonymous militants from “Leviathan” – against a member of the secretariat of the communist organization Milos Karavezic. The reason for this is that comrade Milos, as a member of the People’s Druzhina, participates in informing the public about the vandal attacks of the insane ultra-right on the monuments of national heroes, although representatives of SKOJ, assuming the consequences, object to his participation.
The Union of Communist Youth of Yugoslavia (SKOJ) directly appoints the leadership of the historical memorial complex of Belgrade Fortress OJSC as the direct culprits of the Tomb of the People’s Heroes for the fourth time in a year attacked by madmen. in the protection of the object, and data from video cameras, providing round-the-clock monitoring of this protected by law monument. Indirect culprits are both the Serbian Ministry of Internal Affairs and the municipal police, which have done absolutely nothing to investigate the perpetrators and resolve this problem. Although, most likely, they know well who is behind these brazen series of acts of neo-fascist vandalism.
In addition, SKOJ informs the public that if this blasphemous action is repeated, it will demand the immediate resignation or dismissal of Maria Relich, director of the historical memorial complex of Belgrade Fortress OJSC, due to the inability to prevent the brutal attack on the Tomb of People’s Heroes.
If the “week of ultra-right vandal fighters” repeats itself for the fifth time in 2020, SKOJ youth volunteer units will be forced to physically defend the Tomb of the People’s Heroes, if the right-wing Serbian authorities, despite the numerous calls of the “Union of Communist Youth of Yugoslavia”, again deliberately ignore repetition of barbarism.
The Union of Communist Youth of Yugoslavia (SKOJ) calls on all internationalists, anti-fascists, communists, true patriots of Yugoslavia to join the People’s Druzhina to protect the Tomb of People’s Heroes, to prevent the ultra-right hordes from continuing to desecrate the heroic shrines of the Yugoslav people.
AGAINST AGGRESSIVE DECOMMUNIZATION IN POLAND AND SLOVAKIA
DAYS OF REVOLUTIONARY ACTION BY STUDENTS AND WORKERS IN PAKISTAN
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Expert on Right-Wing Groups Challenges Feds’ Policies
US Justice Department’s Scathing Report on Ferguson Police Department
FBI Needs New Anti-Terrorist Strategy
Professor Cas Mudde is one of the world’s leading scholars on right-wing social and political movements about which he has authored several books and numerous articles. He thinks the US government’s approach to stopping domestic terrorism is flawed. “Since 9/11 they have primarily focused on internationally-driven Jihadism, targeting mainly peaceful Muslims, argues Mudde. He does not think government agencies should respond to the Charleston shootings by starting a “similar witch hunt on the far right.”
“Under right-wing pressure the federal agencies have devoted few resources to the far right, in the United States,” says Mudde, a professor at University of Georgia. This government focus is “despite the fact that the far right is responsible for much more political violence—not always in the form of terrorism–than any other group, including Jihadism.” Agencies need to “focus more on the real threats…and which activists are the most prone to violence.” Conducting “far too much surveillance” not only “undermines liberal democracy, but also leads to goose chases as the agencies are spread too thin in terms of real experts and rely too much on informants.” Mudde thinks the “the number one threat, particularly from the law enforcement perspective, is the broad sovereign citizen movement milieu, which has been responsible for the most deaths.” Government authorities “should figure out how the milieu works” suggests Mudde. “They should be exploring the connections” and political and social dynamics that link mainstream society to the extreme right. “In short,” says Mudde, he believes US government federal agencies should “rely on and develop more expertise, invest in more desk research, conduct less surveillance, and reduce the use of informants. The sovereign citizen movement milieu—in terms of an ideology of resistance to the current understanding of the existing government structure—encompasses a range overwhelmingly White right-wing activists stretching from the edges of the Tea Party and other right-wing populist groups out to the extreme right and armed insurgents. An example of this was the scores of armed supporters of deadbeat rancher Cliven Bundy from the aptly named Bunkerville, Nevada. Their armed standoff with law enforcement was in contrast to the treatment of unarmed Black people protesting police shootings after the incident in Ferguson, Missouri. This double standard of treatment is biased against people of color and Muslims, as described in an essay on the “Disparate Legal Treatment of Muslims and the Radical Right” by Professor -Naomi Braine of Brooklyn College in the Public Eye Magazine.
Some publications by Professor Mudde:
Mudde, C. (2014). Political extremism: Vol. I. Concepts, theories and responses. London: Sage. Mudde, C. (2014). Political extremism: Vol. III. Right-wing extremism. London: Sage. Mudde, C., & Rovira, K. C. (2012). Populism in Europe and the Americas: Threat or corrective for democracy?. Cambridge: Cambridge University Press. Mudde, C., & Migration Policy Institute. (2012). The relationship between immigration and nativism in Europe and North America. Washington, DC: Migration Policy Institute. Mudde, C. (2005). Racist extremism in Central and Eastern Europe. London ; New York, N.Y: Routledge. Mudde, C. (2002). The ideology of the extreme right. Manchester: Manchester University Press.
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"Sunlight is the best disinfectant" — Louis Brandeis
SPLC — Mark Potok Interview
Recently, we discovered an extensive interview on the Internet Archive with the Southern Poverty Law Center’s public relations chief, Mark Potok, in which he discusses the origins of the SPLC, its mission and its tactics. You can find the audio files to the interview here.
We’d like to highlight some of Mr. Potok’s more interesting comments, but, as always, we remind the reader to not simply take our word for it. Any time you select excerpts from a larger work you run the risk of cherry-picking, or taking things out of context, and we’re certainly not professional transcriptionists here at Watching the Watchdogs. Listen to the interview and come to your own conclusions.
As to the origins of the interview, it was recorded and posted on the Internet Archive by Bill Holiday, a high school teacher from Vermont. A number of students, and at least one other teacher, are asking Mr. Potok questions about his work. The interview apparently takes place at the SPLC’s Montgomery headquarters, and several references in the conversation seem to date it to the first half of 2008.
In Track One, Mr. Potok explains the origins of the name of the organization:
“In the 70’s… “poverty law” was actually the phrase… it was a phrase used that just applied to… essentially… civil rights law… to kind of human rights legal actions.”
“I know a couple years ago there was a big discussion internally [at the SPLC], ‘Should we change our name to something else?’ People think, you know, that it’s all about, sort of, defending poor people, and that’s not really, exactly what our mission is. By that time, people knew the name so well that, you know, we made, I think, the obviously right decision not to change the name.”
“People think, you know, that it’s all about, sort of, defending poor people, and that’s not really, exactly what our mission is.” Interesting. One wonders how many donors are under the impression that a “poverty law center” might actually be in the business of defending poor people, no? Why change the name just because the mission changed? You don’t just toss out a multimillion dollar brand name for the sake of accuracy. More on this to follow.
Track Two includes an astonishingly candid assessment of how some critics view the SPLC:
“I think a lot of people feel, ‘Oh, groups like the Southern Poverty Law Center, they find, you know, the two hundred Nazis running around the country, they build them up into great big groups, they make a big deal about it and then ask for your money,’ right? In other words, it’s kind of a scam. You hype up this little tiny threat into something scary, uh, and then go and try to make money off of it.”
Well, Mr. Potok, you took the words right out of our mouth. Since 2009, Watching the Watchdogs has been documenting exactly this kind of behavior by the SPLC, and you have summed things up nicely. We have reported numerous times on the fact that there is no legal definition of “hate group,” and that you pretty much make them up as you go along.
Your “Hate Map” fundraising tool includes hundreds of alleged “hate groups,” (again, per your own definition), but you provide no information on these groups that researchers could use to verify their existence. In fact, you couldn’t even bother to make up locations for more than 200 of them. In 2012, you added 20 chapters of something called the “Georgia Militia” to that state’s “hate map,” but you couldn’t locate 18 of them!
And the “Hate Map” is the keystone to all SPLC fundraising, Mr. Potok. You promote it widely in the Media as being factual and accurate, even after admitting directly to Watching the Watchdogs that your numbers are “anecdotal,” “a very rough measure” and the result of “an imperfect process.”
The donors believe your numbers, Mr. Potok, and that’s why they sent you nearly $37 million donor-dollars last year, and that figure does not include the nearly $36 million dollars in tax-free interest generated by the $281 MILLION in cash in the SPLC’s bloated “Morris Dees Legacy Fund.”
And so, Mr. Potok, you really do hype up these minor threats, provide absolutely no documentation for your claims and then very successfully make a lot of money from it. I believe the term you used was “scam.” What would you call it?
In Track Five, Mark Potok relates the details of an event where a Klansman named Jeff Berry gives an interview to a news crew, then, thinking better of it, demands the tape of the interview from the crew at shotgun-point. Potok says the police did nothing in response to the reporter’s complaint and then makes an insensitive joke about gang rape.
“About a year later… well, we sued very quickly… well, it was shortly after that, and we easily won a judgment against Berry. You know, this was absolutely false imprisonment, right? I mean, it was a felony crime.”
A felony crime, Mr. Potok? Just for holding someone at shotgun-point? Oddly enough, On page 101 of his 1991 autobiography, A Season for Justice, your boss, SPLC founder Morris Dees, writes with great relish about holding a man at shotgun-point. He even makes a little joke about it at the end.
Was this not a felony crime too, Mr. Potok? Was this not also false imprisonment? Or are you willing to overlook the crime because the felonious perp signs your $3,000 dollar-a-week paychecks? Just a modicum of consistency would be SOOOO welcome here, Mr. Potok.
In Track Eight, Potok discusses what he labels “Nativist Extremist” groups and their failure to resort to traditional political means to achieve their objectives.
“These are groups that don’t merely say… that don’t target the policy… In other words, they don’t simply say ‘Immigration should be lower… because of whatever reason,’ right? ‘It’s bad for the economy or the environment or, you know, whatever… depresses wages in this country, therefore we’re going to write our congressmen or hold a rally or a parade or whatever.’ In other words, you know, engage in some kind of democratic action, right? Some kind of effort, you know, to have laws changed or whatever it is.”
The irony here, as we’ve pointed out time after time, is that while Mr. Potok denigrates these groups for allegedly not engaging in “some kind of democratic action,” the legend on his “Hate Map” fundraising tool clearly states that:
“Hate group activities can include criminal acts, marches, rallies, speeches, meetings, leafleting or publishing.”
While we continue to be amazed that a so-called “civil rights group” would deliberately conflate six of the most fundamental democratic civil rights with “criminal acts” and “hate group activities,” here we find Mr. Potok damning people both for participating and allegedly not participating in these activities. No contradictions there, Mr. Potok.
Track Nine covers the SPLC’s criteria for designating its “hate group” brand name:
“Our criteria for a “hate group,” first of all, have nothing to do with criminality, or violence, or any kind of guess we’re making about ‘this group could be dangerous.’ It’s strictly ideological. So we look at a group and we say, ‘Does this group, in its platform statements, or the speeches of its leader or leaders… Does this group say that a whole group of people, by virtue of their group characteristics, is somehow less?'”
“It’s strictly ideological.” No crime, no violence, just “wrong thinking.” Even the most rudimentary reading of SPLC fundraising materials and press releases, (redundant, we know..), finds repeated examples of you lumping conservatives and Christians as part of a diabolical “radical right” and anyone who believes that this nation’s existing immigration laws should be enforced and respected is immediately smeared as a “nativist.”
Labeling and name-calling are one of the eight central pillars of the propagandists’ stock and trade, Mr. Potok, and you have mastered them all.
And the suckers sent him over $100,000 dollars a day last year, every day. No wonder he doesn’t want to change the name of the company. “Civil rights” doesn’t get any better than this.
A slightly longer quote from Track Ten, but it really is telling:
“Let me just say one other thing while I’m thinking about things to say. A lot of our criticism… let me think about how to say this… If there were just… if these groups just operated on the margins of the margins of society and ran around saying, you know, ‘We should kill all the Jews, we should kill all the gay people,’ and that was sort of all there was to it, yes, they would be scary in the sense that, every so often one of them goes off and kills somebody, but, you know, but would it really be a huge or serious threat to the society? I think obviously not, right?
I mean, first of all, it’s not a message that flies very far…’Let’s kill all the Jews. Let’s, you know, build new gas chambers,’ or whatever. But the reality is, and especially since the immigration debate has become sort of the centerpiece of their world, is that their propaganda is getting out way beyond their little fringe world.”
“[W]ould it really be a huge or serious threat to the society? I think obviously not, right?” On this point, Mr. Potok, we can agree. We may find many of the messages produced by some of these groups to be patently offensive and despicable. The problem arises when self-appointed vigilantes like you and the SPLC come along and decide who gets to speak, based on your own extremely nebulous criteria.
Once you start abrogating the civil rights of one group simply because you don’t like what they have to say, it’s only a matter of time before all groups are threatened by this same lynch-mob mentality.
As for the nature of the threats these alleged groups pose, Mr. Potok, please remember that not very long after you gave this interview in your office you made the following statements:
“And I would say as a general matter, it is extremely unusual these days for an organization to plan and carry out a criminal act where mainly for the reason that they are so likely to get caught.
So what we really see out there in terms of violence from the radical right is by and large what we would call lone wolves, people operating on their own or with just one or two partners. As opposed to, you know, being some kind of organizational plan.” (October 30, 2008, NPR.org, Assessing White Supremacist Groups in the US)
“Still, [Potok] said the public should remain vigilant about the activities of hate groups, even though individuals are responsible for the majority of hate crimes in America.” (www.courier-journal.com, July 21, 2009)
And speaking of ideology, Mr. Potok, if your goal in life was simply to debate those people with whom you disagree, it would be one thing. But to rake in tens of millions of dollars a year in the process of stifling any discussion whatsoever is dubious, at best.
Potok continues:
“I think our more major concern has been, especially recently, is how this propaganda has been put into the mainstream and is now treated like fact.”
And this, Mr. Potok, is precisely how your “Hate Map” and other fundraising propaganda work. You broadcast these spurious claims to the donors and the media, and everyone takes you at your word. Few, if any, will perform even the most rudimentary fact checks, not that you provide much for them to actually check.
Track Twelve deals with the origins of the SPLC and its mission; at least in the good old days:
“It started with two lawyers, Morris Dees and Joe Levin, and they came from here [Montgomery] and that’s why we’re here, and they are still… here. So, you know, it was a very, very small non-profit law firm and it did some of that… yes… defending people who were accused… black people who were accused of things they hadn’t done, and so on.
But, you know, the cases tended to be… I mean, they were classic civil rights cases. In one of our early cases, had as a tactic, we sued the Alabama Highway Patrol, right, the State Police here because it was a 100% lily-white police force. You can imagine what the thinking on that is, right, I mean it’s a bad thing in a society that is not all-white to have the people with guns be all white, right? I mean, I think it just makes it obvious to society who’s running the show and, you know, what’s behind it.”
“I mean it’s a bad thing in a society that is not all-white to have the people with guns be all white, right? I mean, I think it just makes it obvious to society who’s running the show and, you know, what’s behind it.”
And we agree with you wholeheartedly once again, Mr. Potok. It a bad thing when an organization that purports to serve a diverse population is run by all whites, especially in Montgomery, Alabama, the birthplace of the American Civil Rights Movement. It really does send a message.
That being said, this year, once again, Watching the Watchdogs pointed out that for the 43rd consecutive year, the top leadership of your organization is as “lily-white,” to use your phrase, as it was on the day that Dees and Levin opened for business in 1971.
“So, it was very important to the lawyers here to desegregate the Alabama Highway Patrol, and in fact they won, like, a very important judgment that… they’re… I don’t know if this is still true, but at least a couple of years ago they were the most integrated police force in America. Right here in Alabama… twenty-five percent… which is, you know, something.”
Wouldn’t it be “something” if the SPLC’s Executive Suite was integrated and twenty-five percent of its highly paid top executives were from diverse backgrounds? Mr. Potok, just how thinly do you think we can spread the term “ironic” before it rightly morphs into “hypocritical”?
“I don’t know if that answered your question. We did a lot of different kind of cases that were all over the, kind of, civil rights map. There was a lot of death penalty defense work done here in the early years. We don’t do that, really, any more, because, basically, a lot of other lawyers got good at it and now do that work.”
“We don’t do that, really, any more, because, basically, a lot of other lawyers got good at it and now do that work.” That’s a rather dubious explanation, Mr. Potok. If anything, genuine civil rights groups like the Innocence Project, which actually do work with the poor, and on a fraction of your bloated budget, have demonstrated that the need for this kind of legal work has never been greater.
If you are no longer in the poverty law business, you really need to change the name of your company and just be honest with your donors.
And finally, from Track 13, Mr. Potok cuts to the chase and lays out what his company’s agenda really is:
“We see this political struggle, right? And it’s very different from what Teaching Tolerance does, right? I mean, we’re not trying to change anybody’s mind. We’re trying to wreck the groups, and we are very clear in our head, this is… we are trying to destroy them. Not to send them to prison unfairly or not take their free speech rights away… but as a political matter, to destroy them. And the way we learned to do it, I think personally is cool, is we use facts, and when we use their own facts… So, often, the battle is to make it stick, right?”
“We see this as a political struggle, right?” If that’s the case, Mr. Potok, and the SPLC is little more than another PAC, then stop hiding behind the sham that your company is somehow a civil rights organization. It’s doubtful your donations will decline, and they may even increase.
“I mean, we’re not trying to change anybody’s mind. We’re trying to wreck the groups, and we are very clear in our head, this is… we are trying to destroy them.”
So, Mr. Potok, you’ve already stated that the SPLC isn’t interested in criminality or potential for violence, it is, as you say, “all about ideology,” and yet you have the gall to claim that you’re not trying to take their free speech rights away?
If it’s all about ideology, Mr. Potok, and these groups aren’t advocating crime or violence, then isn’t what they’re saying, regardless of how offensive many people may find it, protected free speech? And yet, you’re dying to “destroy” them?
These groups aren’t breaking any laws, but you want to silence them because you don’t like what they say. Isn’t that textbook vigilantism, Mr. Potok? Taking the law into your own hands because you don’t like the way the democratic system works?
You said the exact same thing in 2007 at a luncheon in Michigan, in this grainy video. The crowd laughed and cheered. They’re all psychopaths, you said, and you can’t wait to “destroy” them.
“And the way we learned to do it, I think personally is cool, is we use facts, and when we use their own facts… So, often, the battle is to make it stick, right?”
Well, Mr. Potok, we cannot agree more about the efficacy of that technique. Watching the Watchdogs will continue to “track” your company, making meticulous notes of your comments, press releases and financial statements and report them to the public at large.
Unlike your office, though, we will continue to cite all of our sources and we will not take a dime for our efforts… as opposed to the nearly $2,000,000 donor-dollars you’ve earned for your efforts since 2001.
And rather than lead our readers to preconceived conclusions, which is, after all, the textbook definition of propaganda and the basis of your position at the SPLC, Mr. Potok, we will continue to urge people to look at the documentation for themselves and come to their own conclusions.
We’ll keep putting the evidence out there in the hope that someday we can make it “stick.”
Tags:Endowment Fund, Freedom of Speech, fund raising, fundraising, hate groups, Hate Map, Intelligence report, Joe Levin, Mark Potok, Morris Dees, Southern Poverty Law Center, SPLC
Posted in 3. Ideology | 18 Comments »
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Posted by zeiad79 on Friday, January 26, 2007
Nickelbackis a Canadian rock band formed in Hanna, Alberta, in 1995 by Chad Kroeger, Mike Kroeger and Ryan Vikedal. Their hit single "How You Remind Me" from their third album, Silver Side Up reached the top on the Canadian Singles Chart and the Billboard Hot 100 at the same time, making them the second Canadian band to accomplish this, the first being The Guess Who with "American Woman".
Ever since their smash hit "How You Remind Me" in 2001 the band enjoyed major commercial (although not critical) success. Nickelback sold over 13.5 million albums in the United States and over 1.7 million albums in Canada, their worldwide albums sales counted near to 20 million.
The band has won 9 Juno Awards, 1 American Music Award, 1 MTV Video Music Award for Best Video from a Film (Hero), and a World Music Award for World's Best-Selling Rock Artist. The band was also nominated for 7 Grammy Awards, 4 American Music Awards and 10 Juno Awards. On December 4, 2006, Nickelback won 3 Billboard Music Awards out of five nominations.
Nickelback's latest release, All the Right Reasons has already sold more than 4.7 million albums in the United States and over 6 million albums worldwide.
NHL goalie Cam Ward, wears a goalie mask that has a Nickelback theme featuring the bandmembers playing.
Although the core of the band hails from Hanna, Alberta, a small town east of Calgary, they are now based in Vancouver, British Columbia, Canada. The name derived from the nickel in change Mike Kroeger's brother frequently had to give customers back in his job at a coffee shop in which he would say, "Here's your nickel back".
Nickelback was helped early on by Cancon, the Canadian law requiring a certain percentage of music played on Canadian radio to be from Canadian musical artists. Their second full length album, The State, propelled them to the mainstream with two Top 10 hits (one being "Leader of Men") and the follow up album Silver Side Up, with 2002's most-played single "How You Remind Me", gave them superstar status, scoring multi-format smashes on every album since.
Silver Side Up was released on Tuesday, September 11, 2001. On that morning, they were on their tour bus traveling across Pennsylvania less than 10 miles from where United Airlines Flight 93 crashed.
They have received six Juno Awards and were nominated for five more in 2006. Their single "Photograph" was nominated for best single.
In May and June 2006, Nickelback supported Bon Jovi on the European leg of their Have A Nice Day Tour, playing in Germany, The Republic of Ireland, The Netherlands, Austria, Switzerland and finishing in the UK.
Nickelback with their latest album, topped the nominees with three, the nominations including Favorite Pop/Rock Band/Duo/Group, Favorite Pop/Rock Album (All the Right Reasons) and Favorite Alternative Artist, for the 34th American Music Awards which were held on Tuesday, November 21, 2006 and winning for Favorite Pop/Rock Album (All the Right Reasons). Also Nickelback won a World Music Award for best rock group on November 15 2006, which happened to be Chad's 32nd birthday.
Nickelback will begin writing and recording new material for their sixth full-length album, which is expected to be released around late 2007/early 2008. Currently, no further details about the new release are known.
This is a good blog. Keep up all the work. I too love blogging and expressing my opinions. Thanks
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9731 dmalkr Nov. 6, 2021, 3:20 a.m. 19
9730 Robert van der Klis Nov. 5, 2021, 2:33 p.m. 21
9729 antotony Nov. 5, 2021, 1:17 p.m. 20
9728 Fabio Martins Nov. 4, 2021, 10:27 p.m. 13
9727 dgoettl Nov. 4, 2021, 2:46 p.m. 20
9726 leaswelt Nov. 3, 2021, 4:07 p.m. 12
9725 Iljung Kim Nov. 3, 2021, 11:32 a.m. 132
9724 CGC Nov. 2, 2021, 12:45 p.m. 19
9723 Psv65594 Nov. 2, 2021, 3:39 a.m. 23
9722 cameronwatts2 Nov. 1, 2021, 3:19 p.m. 19
9721 Dr_Njitram Oct. 31, 2021, 11:27 p.m. 29
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9719 svasanth378 Oct. 30, 2021, 7:14 p.m. 20
9718 michele molisani Oct. 30, 2021, 1:25 p.m. 17
9717 belfagor Oct. 29, 2021, 4:41 p.m. 16
9716 noepinefrin Oct. 28, 2021, 3:32 p.m. 15
9715 pav1201 Oct. 27, 2021, 3:22 p.m. 20
9714 basl Oct. 27, 2021, 2:04 p.m. 19
9713 MMAThijssen Oct. 27, 2021, 1:14 p.m. 21
9712 Maria Oct. 27, 2021, 11:30 a.m. 30
9711 gregorio Oct. 26, 2021, 4:51 a.m. 13
9710 EdouardRobeyns Oct. 26, 2021, 2:50 a.m. 22
9709 paulmorenkov Oct. 25, 2021, 8:50 a.m. 47
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9706 DrSt33lh4mm3r Oct. 24, 2021, noon 24
9705 chrhjoh Oct. 23, 2021, 10:48 a.m. 35
9704 Chekina Oct. 23, 2021, 7:17 a.m. 13
9703 nmandi7 Oct. 22, 2021, 9:18 p.m. 56
9702 Michellim Oct. 21, 2021, 6:08 p.m. 19
9701 Kate_Lyublinskaya Oct. 21, 2021, 4:27 p.m. 12
9700 James Andreas Oct. 21, 2021, 1:01 p.m. 167
9699 Yufan_Hui Oct. 21, 2021, 5:28 a.m. 33
9698 Claydoll Oct. 21, 2021, 3:30 a.m. 18
9697 Soosang Chae Oct. 19, 2021, 1:35 a.m. 76
9696 LEngwegen Oct. 18, 2021, 10:05 p.m. 6
9695 szogievelin Oct. 18, 2021, 12:06 p.m. 36
9694 kensma01 Oct. 17, 2021, 12:27 p.m. 9
9693 Lars_W Oct. 16, 2021, 12:45 a.m. 28
9692 Nguyen Ngoc Uyen Phuong Oct. 15, 2021, 8:04 p.m. 13
9691 DrunkSp0nge Oct. 15, 2021, 6:04 p.m. 24
9690 nadeemn1 Oct. 15, 2021, 1:19 p.m. 25
9689 Joshua Carini Oct. 15, 2021, 12:22 a.m. 56
9688 Andrei Sochirca Oct. 13, 2021, 11:17 p.m. 51
9687 Felix Thalén Oct. 13, 2021, 9:33 p.m. 20
9686 rdivine48 Oct. 13, 2021, 8:20 p.m. 26
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9679 Carlos Flores Clara Oct. 10, 2021, 4:38 p.m. 18
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9671 guskovgleb Oct. 7, 2021, 11:02 a.m. 14
9670 Kirillov Sergei Oct. 6, 2021, 5:45 p.m. 24
9669 hidyg Oct. 5, 2021, 9:44 a.m. 24
9668 Adenilson Arcanjo Oct. 3, 2021, 10:09 p.m. 75
9667 Thunfischpirat Oct. 3, 2021, 7:36 a.m. 17
9666 asadmin Oct. 2, 2021, 9:36 a.m. 21
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9660 Mariana Martins Zagalo Fernandes Sept. 29, 2021, 6:32 p.m. 29
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‘The Princess Diaries’ Cast: Where Are They Now?
“Me? A princess? Shut up!” It’s been years since The Princess Diaries hit theaters, but fans will never get tired of the Disney movie’s royal charm.
Released in August 2001, The Princess Diaries was an unexpected hit, raking in more than $165 million worldwide. Only 18 years old at the time, the comedy marked Anne Hathaway‘s big-screen debut. While Drew Barrymore, Kirsten Dunst and Brittany Murphy had also been considered for the role of Mia Thermopolis, late director Garry Marshall was convinced to take a risk on Hathaway because his granddaughters thought she had the most “princess-like” hair.
As iconic as the movie has become, the Dark Knight Rises actress previously admitted to feeling restricted by the playful part.
“Of course, after Princess Diaries, I was labeled a good girl, and for the first eight years of my career I had to fight to get any other kind of role,” she told Glamour in December 2012. “But I like fighting for a job, actually. Once you get it, you feel like you’ve emerged victorious from the scrap and you’re like, ‘OK, this one’s mine. Did it. Done.’ And it’s not based on how many Twitter followers I have: zero. My acting got me this role. So it feels pure to me.”
Hathaway returned to Genovia for the 2004 sequel, Princess Diaries 2: Royal Engagement, alongside original cast members Julie Andrews, Heather Matarazzo and more. To this day, Disney lovers are desperate for a third chapter of Mia’s story.
“There is a script for the third movie,” Hathaway teased during an appearance on Watch What Happens Live With Andy Cohen in January 2019. “I want to do it. Julie wants to do it. Debra Martin Chase, our producer, wants to do it. We all really want it to happen. It’s just we don’t want to unless it’s perfect, because we love it just as much as you guys love it. It’s as important to us as it is to you, and we don’t want to deliver anything until it’s ready.”
Three months later, Andrews chimed in on the rumors, adding that she would be happy to return to her throne at the right moment. “I’m not sure if it’s the right timing, but I think to work with Annie would be lovely again, and sure I’d be up for it,” she said on The Talk.
Scroll down to see where the cast of The Princess Diaries is now!
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← More Airborne Armor
Russian Navy Shuffle →
Posted on August 1, 2021 | 3 Comments
In mid-July, Sergey Shoygu declared the Russian Army to be the world’s most modern. Over eight or nine years, he said, the armed forces have cardinally changed their composition.
Most observers won’t confuse “modern” with adjectives like “good” or “best” and descriptions like “most capable” or “most effective.”
Such assessments depend on a multitude of other factors including manpower, training, employment, etc. They require a hard look at whether recently-procured systems are the right ones. The ones needed for the next war.
Modern also implies and necessitates serious investment in maintenance, upkeep, and more updating and modification down the road. A continuing commitment to stay modern.
But, when all is said and done, modern is better than the alternative.
Aleksandr Golts looks at how Russia’s Defense Ministry has gotten (or is getting) modern, what it means, and what it costs in a recent piece for Republic.ru (paywalled).
Golts notes that Shoygu could have claimed 120 percent modern and no one could dispute him given that only the MOD possesses the data. A good bit of Russia’s “modern” equipment, he writes, consists of venerable but modernized weapons systems like the Su-24 and T-72.
He asks why Russia’s OPK isn’t thriving while pumping out all these modern arms. Put simply the answer is the Putin regime’s unwillingness to pay what they really cost (like gold Golts says) and giving defense industries just enough financing and bailouts for them to limp along. He updates Yuriy Borisov’s previous statements about more than 2 trillion rubles ($27 billion) in total OPK debt.
Lastly, Golts explains the failure to launch new weapons like the Su-57 into series production is due to the inability to get multitudinous subsystems, components, and materials needed for final assembly at KnAAPO. Paying what those parts actually cost inevitably raises the MOD’s final purchase price.
It’s worth remembering that truly independent Russian military journalists of Golts’ caliber — not afraid to write and speak about issues that should make the regime uncomfortable — are an increasingly endangered species.
Below is a moderately cleaned up Google Translate translation.
How much Shoygu’s boasting costs.
“Modern weapons,” which the bosses are so proud of, cost the country as much as if they were made of gold
Russian Defense Minister Sergey Shoygu bragged about stuff. Speaking in Rostov-na-Donu before employees of [Russia’s] largest helicopter plant Rosvertol, the military department’s head said something sensational: “Today everyone – some angrily, some approvingly – understands and says the Russian Army has more than 70%, or if we put it precisely, almost 71% modern armaments and equipment. This is the highest percentage among all world armies.” With two months left until the Duma elections, and Shoygu in the federal “five” of the ruling party and, it can’t be excluded, planning to continue his career in some higher position, such boasting looks excusable. Before elections, they certainly lie no less than in war and in hunting.
Competing with yourself
But the statement that our army is not only one of the most advanced armies in the world (this has already been stated more than once), but that it even surpasses them, requires at a minimum clarifications. First of all, we note that Russia surely wins a competition with itself. Such a criterion as the percentage of modern weapons exists in the official documents of only the Russian military department. For the armed forces of the United States, like the armies of most other states, it would look meaningless at least. There, overseas, military equipment lives a full and very long period of time. Once put into service, the tank and aircraft consistently — stage by stage, cycle by cycle — undergo scheduled repairs and modernization, remaining in service for decades. Here you can recall the F-15 aircraft (adopted in 1976, will remain in the inventory until 2025), the F-16 (transferred to the armed forces in 1978, will serve until 2025), the Abrams tank (in service from 1980, there are no plans to replace it) and the Patriot air defense system (entered service in 1982, serves at the present time). If it had occurred to anyone to calculate the percentage of “modern” weapons in the American armed forces, it would most likely be steady.
Russia, on the other hand, introduced this indicator [“modern”] due to very specific circumstances. During 15–20 years (from the beginning of the 1990s to the mid-late 2000s), the Russian military’s armament inventory was not only not updated or modernized. The equipment was not even repaired or maintained in proper condition. In 2008, during the war with Georgia (the war that became the moment of truth for the Kremlin), almost half of the tanks and infantry fighting vehicles urgently taken from storage bases simply broke down and did not reach the border. It was already impossible to bring most of this equipment into operation. As a result, the concept of “modern equipment” was invented, which today safely includes both recently developed Su-57 fighters and Armata tanks, as well as the modernized Su-24 and T-72, which have been in service for almost half a century.
It should also be noted that the existing system of secrecy and the monopolization of information by the military department excludes any possibility of verifying the victorious reports of General Shoygu. The only exception is strategic nuclear forces, data on the composition of which Moscow regularly provides, fulfilling its obligations under the START Treaty (there is a high rate of “modern weapons” — 83% — due to the fact that Russia spends, according to experts, over 20% of its entire military budget on nuclear weapons). As for the general-purpose forces, Sergey Shoygu can draw any indicator of the availability of modern weapons — at least 70, at least 120% — it is impossible to verify this.
OPK in debt
But if we take the minister’s words on faith, it turns out that the successes in the rearmament of the Russian army are much more significant than those of the U.S. armed forces (whose military budget is more than 10 times higher than the Russian one) and of the Chinese army (which spends at least four times more on military purposes than Russia). But if so the the military-industrial complex (OPK), which fulfills the state defense order so remarkably, should flourish. However, it’s never happened. In 2019, even before all the covid lockdowns and ensuing economic losses, Deputy Prime Minister for the defense sector Yuriy Borisov shocked the expert community, announcing that about 2 trillion rubles of debt was hanging over enterprises of the defense-industrial complex. Moreover, he confirmed “the main body of the credits will never be repaid.” In fact, he talked about the inability even to pay interest on loans. Defense enterprises spent about 200 billion rubles on interest payments, according to Borisov. “This figure beats with the planned profits of the defense industry enterprises, it turns out to be such a paradox. I cite an example from real life all the time: we boil water, drink and refill. That is, there is practically no opportunity to rely on internal sources, on the most effective sources, on our own funds,” Borisov complained. Previously, he compared the work of the military industry with exercising on a stationary bike: no matter how much you push on the pedals, you still won’t get anywhere.
According to media reports, more than 10% of defense industry enterprises (140 out of 1319) are approaching bankruptcy. The only thing that the state can offer is early repayment of loans at the expense of the budget. In 2016, 800 billion of budget rubles were spent on this, in 2017 – another 200 billion. At the same time, the debt burden did not decrease in a remarkable way, but grew. In 2020, Yuriy Borisov proposed to write off the debts of defense enterprises already by 600-700 billion rubles. And he managed to convince Putin of the need for this. According to Borisov, in 2020 “350 billion rubles of ‘toxic’ loans were written off through additional capitalization of enterprises. Another 260 billion rubles were restructured, and there is still a 150 billion ruble reserve.”
So the state twice (once through the allocation of funds for production, the second time through the write-off of loans) financed the manufacture of “modern weapons”, which Sergey Shoygu boasts. Do you think that after that there was finally financial prosperity? Not at all. At the end of last year, as reported by the Vedomosti newspaper, it was decided to again finance the implementation of the state defense order with bank loans, although initially it was proposed to do this through the federal treasury, that is, to transfer money directly from the state budget to the defense industry enterprises. Most likely, this is due to the fact that the state is resolutely unwilling to abandon ambitious rearmament programs, despite the fact that the necessary funds are no longer there. It is planned to attract 360 billion rubles of loans in three years to fulfill the state defense order. That is, there is a continuation of the vicious practice of the past decade, when enterprises disrupted production deadlines, and with them the deadlines for paying debts, and finally got entangled in the endless payment of interest.
Russian defense sector with Soviet problems
I’d venture that the source of the problem is the archaic system of the OPK. With the blessing of Vladimir Putin in the mid-2000s, Sergey Ivanov drove military-industrial enterprises into a dozen and a half vertically integrated industrial corporations, which were a caricature of the famous nine Soviet defense-industrial ministries. They quite successfully inherited all the vices of Soviet bureaucracy, endless approvals, corruption, and unwillingness to take responsibility. But, fortunately or unfortunately, they could no longer inherit the production system. Because of its absence. In the Soviet Union, only final assembly plants were considered defense. And numerous components (in the Su-27, for example, up to 1,500) were manufactured at civilian enterprises, each of which had a so-called mobilization task. It had nothing to do with the economy. The cost of producing military products [those components] was actually included in the cost of civilian goods, which was reflected in their quantity (remember the eternal Soviet deficit) and their quality. To create at least the appearance of profitability, the all-powerful Gosplan [State Planning Committee] artificially balanced the prices of civilian goods and weapons. It is no coincidence that now from OPK managers it’s possible to hear proposals for the revival of Gosplan.
In the meantime, even under the threat of criminal punishment, the state has failed to force owners of private enterprises to make components for the OPK at a loss. Indeed, for the production of a limited number of particular parts, it is necessary to maintain separate production lines (the military has completely different requirements for quality and precision) and extra workers. As a result, the military industry is doomed to produce components at final assembly plants. Only this can explain the simply snail-like pace of armaments production which has been declared serial.
So, serial deliveries of the fifth generation Su-57 fighter were supposed to begin in 2016. In reality, the first aircraft was manufactured by the end of 2019, but it crashed during a test flight. After that, exactly one year passed before the next “serial” fighter was transferred to the Aerospace Forces. The head of the United Aircraft Building Company, Yuriy Slyusar, promised Vladimir Putin to deliver as many as four aircraft this year. The same story with serial production of the newest tank “Armata.” It was planned to produce more than two thousand tanks by 2020. Then they started talking about only a hundred tanks. Now they promise to start serial production in 2022, but they don’t specify the size of the series. It’s no secret that serial production is characterized by a sharp reduction in the cost of production. After all, the product, roughly speaking, is assembled from a set of standard assemblies and parts. Nothing needs to be “adjusted” and “customized” any longer. However, this isn’t seen at all in the production of “Armata” (and they specify clearly reduced prices for the Su-57). The approximate cost of the tank has increased from 250 million rubles to 450 million rubles per unit.
On July 20, the international air show MAKS-2021 will open in Zhukovskiy near Moscow. Vladimir Putin promised to attend. Probably, on this day we will hear a lot of praise about the successes of our OPK, including, of course, the rearmament of the army. However, one must remember: all these “modern weapons”, of which the authorities are so proud, cost the country like they were made of gold.
This entry was posted in Defense Industry, Force Modernization, Military Budget, Translation and tagged Aleksandr Golts, Debt, Military-Industrial Complex, OPK, Sergey Shoygu. Bookmark the permalink.
3 responses to “The Most Modern Army”
Michael Kofman | August 1, 2021 at 8:54 pm | Reply
Sasha strikes again. Unfortunately, there’s just a lot in this piece that’s factually and logically wrong. It’s more narrative than analysis, which is on brand, since Sasha has not written anything positive about the Russian military for at least 8 years or so.
1. The state is actually paying for the weapons. It pays the debt incurred by the defense sector and it it controls or underwrites more the 70% of the financial sector. So the debt paid is also largely to itself. They are keeping the profits lean, unlike before 2011, when the defense sector absorbed money but produced preciously little.
2. Annually the under execution rate is something like 10%+ of the procurement budget so the problem is not the financing and hasn’t been since the beginning. It can’t be absorbed. SAP is investing in defense industrial capacity and has funding allocated to this purpose.
3. Focusing on Armata or Su-57 is akin to looking at LCS and Zumwalt, then arguing the US cannot serially produce any good weapons. It is completely banal. The two SAPs have yielded a tremendous amount of serially produced hardware, from aerospace, to ground forces, to naval, to PGMs. The only reason to talk about T-14 Armata, which is not being procured because the focus is on modernizing and expanding the armor fleet to T-72B3 variant and buying T-90M, is because you want to spin a story in place of doing earnest analysis. Notice there is nothing here about the thousands pieces of equipment procured just under the first bit SAP 2011-2015 which was barely executing at 1.35 trn RUB per year.
4. The term ‘modern’ actually has does have a set of criteria based on performance characteristics and comparable foreign analogues. It is not dissimilar to correlation of forces calculations which used T-55 as the base value of 1. Since Shoigu came in they keep everything in house and don’t air the problems earnestly like they used to under Makarov/Serdyukov, but this is not a license to write about the Russian military as though its still 2011.
Russian Defense Policy | August 2, 2021 at 9:51 pm | Reply
Golts’ piece is a short op-ed. But useful because the Putin regime and his MOD have closed channels that used to critique his military build-up in recent years. Not positive doesn’t make it wrong.
The state may not actually be paying fully for what it’s buying. This is indicated time and again by Putin’s deputy PM for defense industry. Don’t expect Borisov to last much longer as a result.
Moreover, much money going from the state to the defense sector may be enriching Putin’s corrupt industrial elite. Profits today aren’t lean; they’re non-existent in many cases. Don’t expect to find that in KZ though.
The OPK got precious little money before 2011. That is shown in the fact that procurement didn’t really spike until 2014. It’s true many subcontractors don’t want to “absorb” MOD money because they believe they’ll meet their obligations but be left waiting for the big contractors to pay them.
Armata and Su-57 aren’t LCS and Zumwalt. They are key pieces for Russia’s future battlefield. Delays indicate their manufacturers are having difficulty meeting the MOD’s standards or prices. If they could, there’d be less emphasis on upgrading the T-72B3. Though there are plenty of Russian analysts who will say an older modernized tank suits them fine now considering the cost of a new T-14.
No one, including Golts, will say they didn’t procure lots of equipment in GPV 2011-2020. No one argues they don’t have more capability than they did in 2011. Golts’ objective is pointing out problems no one hears about and few manage to write about in the Russian media now.
Modern is interesting because when Russian rearmament began all the MOD talked about was new. Then they realized they couldn’t afford everything new, so the formula became “new and modernized.” Shoygu doesn’t talk about how little is the former and how much is the latter. Not that modernized can’t have good capability on today’s battlefield, but in many cases the upgrades are pretty slight.
It’s their perogative not to discuss their problems openly — something they began back to 1992. But it’s something that’s not going to be a long-run help; it merely hides flaws and difficulties from their troops, their public, and themselves.
Ironically, Putin benefits from those propagandizing Russia’s military buildup on the U.S. taxpayer’s dollar without considering maybe not everything there is in perfect order (as it hasn’t been so often).
Threats posed by the Russian military are serious but don’t need inflation; we’ve been there before.
Ray C Finch III | August 2, 2021 at 8:29 pm | Reply
Thanks for posting the Golts’ article. I agree with AG that Shoygu’s braggadocio has more to do with politics than military reality. A key platform of the ER party (also known as the “party of thieves and crooks”) is the military’s ability to defend the country from the rapacious West.
While the Russian military has made some headway over the past decade with regard to new equipment, they are still lagging behind in some key areas (e.g. attack UAV). Moreover, much of their military thinking appears to be stuck in the Soviet period (see link below). They can produce great parades and impressive computer graphics, but endemic problems (corruption, stifling bureaucracy, penchant for secrecy and an atmosphere where any dissent is qualified as treachery) cast doubt on their claims of modernity.
https://www.severreal.org/a/oficer-minoborony-uvol-nenie/31378918.html
Chief of RF VKS Radar Troops General-Major Andrey Koban arrested for allegedly accepting five million rubles in bri… twitter.com/i/web/status/1… 2 days ago
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EastEnders Tackles Schizophrenia Stigma With Help From Mind Charity
EastEnders has been working with the mental health charity Mind on a storyline focusing on schizophrenia, producers confirmed on Monday.
The BBC soap asked Mind to offer insight into the experiences of its character Isaac Baptiste – a black man grappling with the physical and social issues associated with the condition.
Actor Stevie Basaula has said it’s “a privilege” to help tell his story.
The announcement coincides with the start of Mental Health Awareness Week.
The show’s hook-up with the charity was designed to help the actors, producers and writers learn more about “the emotional and social experience of living with schizophrenia, particularly looking at attitudes towards mental health in African Caribbean communities,” EastEnders bosses said.
Mind research suggests black men are far more likely than others to be diagnosed with severe mental health problems, and are also far more likely to be sectioned under the Mental Health Act.
However, up until 11-years-old, black boys don’t have poorer mental health than others of their age.
Mind says there are multiple reasons for this including stigma, cultural barriers, and systemic discrimination, all of which are more directly experienced by black boys and young black men as they get older.
The ongoing storyline is, over the coming weeks, intended to encourage “vital conversations about the realities of living with a mental health problem”.
What is schizophrenia?
Schizophrenia is a severe long-term mental health condition. It causes a range of different psychological symptoms.
Doctors often describe schizophrenia as a type of psychosis. This means the person may not always be able to distinguish their own thoughts and ideas from reality.
Symptoms can include hallucinations, delusions, muddled thoughts and a loss of interest in everyday activities.
Schizophrenia does not cause someone to be violent and people with schizophrenia do not have a split personality.
Source: NHS
For the role, Basaula drew on the real life experiences of a Mind volunteer named Antonio, as well as lessons from Mind’s Young Black Men programme.
He described the storyline as being one that is “very close to my heart”.
“I hope it will start a dialogue for people to have conversations about mental health and that anyone living with the condition will feel seen,” said the actor.
“Working with Mind has been so useful, I spoke to a young man who bravely shared his story and it was inspiring to learn how he’s managing his condition.”
He added: “There’s so much we think we know about schizophrenia, but it’s often not the reality for people living with the condition.
“I hope that anyone engaging with Isaac’s story will gain a better understanding and can approach someone they know that may be struggling from a more positive place.”
Viewers have already seen Isaac share his diagnosis with his dad Patrick, and his mum Sheree’s resistance to him making it public knowledge – due to fears around stigmatising views from friends and family.
Isaac’s own fears around the circumstances of his brother’s death and his dad taking part in a medical trial will lead to him to questioning his own diagnosis and abruptly stopping taking his medication.
EastEnders executive producer Jon Sen said that working with the charity was “imperative in ensuring we tell Isaac’s story truthfully”.
“There’s a multitude of layers to this storyline and Mind’s expertise has been crucial as we explore Isaac’s experience,” said Sen.
from → DisAbility on Screen, Fun Stuff, progress
← The Motability Scheme pilots first ever national awareness campaign
How To Get Bangladeshi Men Talking About Mental Health →
independent.co.uk/voices/…
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Home > Vol 2, No 3 (2020) > Adema
INFLUENCE OF STAKEHOLDER EMPOWERMENT ON SUSTAINABILITY OF SOCIAL BASED CORPORATE PROJECTS IN TVETS IN WESTERN KENYA
LUHOMBO Calistus Adema, MUKANZI Clive Malietso, SENAJI Thomas Anyanje
Abstract: Stakeholder empowerment can be viewed as both a condition and a process. It is a condition where stakeholders are given the authority to act, choice of actions, and control over decisions and resources is held by them rather than the donor agencies or organization. The objectives of the study was to ascertain the influence of stakeholder empowerment on sustainability of SCPs in TVETs in western Kenya, to establish the moderating effect of knowledge sharing on sustainability of SCPs in TVETs in western Kenya. This research used descriptive research design which is mainly survey, cross sectional, and correlational. The target population for this study was 12,585 stakeholders as detailed, from the 63 accredited TVETs in Western Kenya. The research desired 95% confidence and 5% sampling error, a sample size of 375 was deemed appropriate. Secondary data from the sampled TVETs was collected on different SCPs initiated in the institution, specific functions and sustainability issues using Document analysis form for content analysis. Quantitative information was analyzed using both inferential and descriptive statistics. The findings indicated that stakeholder empowerment has a statistically significant contribution to sustainability of SCPs in TVETs, since a unit change in stakeholder empowerment is likely to result in the sustainability of SCPs in TVETs in western Kenya by 61.7%. The study recommends that Stakeholders should be given the authority to act, choice of actions, and control over decisions and resources held by them rather than the corporations that support SCPs.
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evolvingthoughts
Tales of the barnacle goose
By evolvingthoughts on August 15, 2006.
Occasionally one comes across odd stories in the late medieval literature on natural history, and one is inclined to dismiss them as fablous stories born of credulous superstition. But they illustrate a much more important phenomenon - the shift from seeing nature as a source of moral lessons to seeing nature as something worth studying for its own sake. One such is the tale of the Barnacle Goose.
The Barnacle Goose, Branta leucopsis, is a small (less than 2kg) black and white goose of the order Anseriformes. It lives during the winter months in the Atlantic coasts of Scotland and Ireland, but it breeds in the Arctic, usually in Iceland or Greenland.
The fact that it was never seen to breed gave rise to a myth that it was in fact spontaneously generated from molluscs, the Goose Barnacle, or Goose Neck Barnacle, Lepas anatifera, a deep water mollusc that is occasionally washed up on shore attached to pieces of driftwood. Its shell resembles a goose head, and is attached to the substrate by a long stalk somewhat resembling a bird's neck.
Around the end of the 12th century, Bishop Giraldus Cambrensis (Gerald of Wales) published a book Topographia Hiberniae, after King John's successful invasion of parts of Ireland. In it, he described how Irish churchmen would eat the Barnacle Goose during fasts because "these birds [are] not flesh nor being born of the flesh", for "they are born at first like pieces of gum on logs of timber washed by the waves. Then enclosed in shells of a free form they hang by their beaks as if from the moss clinging to the wood and so at length in process of time obtaining a sure covering of feathers, they either dive off into the waters or fly away into free air. . . I have myself seen many times with my own eyes more than a thousand minute corpuscles of this kind of bird hanging to one log on the shore of the sea, enclosed in shells and already formed". And so the myth was born, and spread around Europe.
Spontaneous generation was a commonly held belief, dating back to Aristotle, that modern complex organisms could, under the right conditions, be made out of nonliving stuff. What is interesting is that these organisms had an ordinary lifecycle, of sorts, but they always arose in a predictable fashion, without divine intervention. It was just that they lacked parents. Gerald used the Barnacle Goose story to try to argue to Jews that the Immaculate Conception of Jesus was proven possible. There was a moral lesson in this otherwise marvellous event.
About 200 years later, there was a marvellous man named Frederick II of Hohenstaufen, Holy Roman Emperor, King of Sicily and Jerusalem. I have blogged about him before, but it's worth quoting his observations and comments about the Barnacle Goose:
There is also a small species known as the barnacle goose, arrayed in motley plumage ..., of whose nesting haunts we have no certain knowledge. There is, however, a curious popular tradition that they spring from dead trees. It is said that in the far north old ships are to be found in whose rotting hulls a worm is born that develops into the barnacle goose. This goose hangs from the dead wood by its beak until it is old and strong enough to fly. We have made prolonged research into the origin and truth of this legend and even sent special envoys to the North with orders to bring back specimens of those mythical timbers for our inspection. When we examined them we did observe shell-like formations clinging to the rotten wood, but these bore no resemblance to any avian body. We therefore doubt the truth of this legend in the absence of corroborating evidence. In our opinion this superstition arose from the fact that barnacle geese breed in such remote latitudes that men, in ignorance of their real nesting place, invented this explanation.
The goose migrates to Ireland and Scotland via the Scandanavian countries, so it became thought that they did their transmutation in that region. What Frederick happened to receive from his envoys was one of those driftwood planks, possibly with the Goose Barnacle attached. As it happens, though, these barnacles are more common in the region where the myth arose, so perhaps they went to Britain or Ireland. And he was absolutely right that the Barnacle Goose breeds in "remote latitudes.
Albert the Great also addressed the Barnacle Goose question, noting that he and his friends had bred one with a domestic goose, and that the spontaneous generation account is "altogether absurd as I and many of my friends have seen them pair and lay eggs and hatch chicks". So the spontaneous generation myth is done and dusted by the mid-14th century.
Or was it? Several authors, including Joseph Justus Scaliger and Hector Boethius repeated the claim in the 16th century, with Scaliger asserting, as Giraldus had, that he had seen this with his own eyes. What he saw, as had Giraldus, was of course the goose barnacles, and the similarity of form between the geese and the barnacles was sufficient to imply that they were related, on the "calculus of probabilities" as another author said in a similar context.
What is happening here? Well there are several explanations. One is that Frederick, being excommunicated twice (!) was not regarded as reliable in orthodox terms, and the tradition itself had a strong theological component. Frederick was excommunicated for challenging the Pope's authority to crown emperors rather than doctrinal heresy, but that might have been enough to tar him. Moreover, his work, which was about breeding and training hawks and falcons, was distributed only among the aristotcracy - this was before printing, remember, and such manuscripts were regarded as valuable in the extreme. But I think that the fact that "everybody knows" that spontaneous generation occurred was sufficient for his and Albert's observations and clear inferences to be ignored.
The persistence of the myth for theological reasons is due to the long-standing tradition, which began with the Physiologus in the second century, of drawing moral lessons from nature to underpin theological points, just as Giraldus had done. Until the rise of natural history as an end in itself, in the early 17th century, nature was just God's second Book. And we still do this today, as witness the claims by the modern physiologists that the Emperor penguin's breeding habits somehow reinforce the idea that monogamy is God's will (ignoring the fact that the penguins change their breeding partners each year. Let's see that in the Marriage Acts!).
Social, moral and theological concerns do not generate good science. They lead us to make inferences that reinforce prior assumptions, values and prejudices. The long tradition early in the Christian era of using nature only as a source of illustrations for moral tales may or may not have impeded the development of science but at the best it failed to help it. I think there's a moral there...
Finally, let it be noted that Frederick and Albert are instances of honest attempts to understand the world about them. They didn't always get it right (although Frederick, being restricted to a single investigable subject, was a lot more right than Albert, who included fabulous beasts in his bestiary), but they tried, and did so intelligently. I do not think that it is coincidence that the two late espousers of the myth were protestants. Luther's antipathy to reason and science is well known. Not that Catholicism is that much better, but during the middle ages there was a lot less control over and censure of heterodoxy in natural history than later.
And I reiterate my prior comment: people were not stupid before Darwin, nor did they suddently become smart after him. Science will not cure the reliance on myth.
Species and systematics
Interesting post. If I remember correctly, the Accademia dei Lincei studied the goose barnacle. They had some pretty neat drawings, which you can find in David Freedberg's book (Eye of the Lynx I think it's called?)
[John's response: Thanks for that reference. I did a quick search on Amazon and found many references. I will buy a copy.]
By Benny (not verified) on 15 Aug 2006 #permalink
Gerald used the Barnacle Goose story to try to argue to Jews that the Immaculate Conception of Jesus was proven possible.
I presume you mean the Virgin Birth. The Immaculate Conception is the doctrine that Mary was conceived (with both mother and father) without Original Sin.
By TomS (not verified) on 16 Aug 2006 #permalink
The Medieval Source Book titled it "Immaculate Conception", and I didn't pay attention...
By John Wilkins (not verified) on 16 Aug 2006 #permalink
It took a while before we really learned how to do scientific observation "properly". If you look at Aristotle's biological writings, you can see that he was clearly looking at the lifeforms around him... but he wasn't looking very closely!
By David Harmon (not verified) on 16 Aug 2006 #permalink
Aristotle's work is a mix of good and bad observation. Sometimes he is quite careful, and other times he's clearly repeating some traveller's tale or other. I think that when he did observe, he was very good at it, but he obviously couldn't have observed all the things he (or his research group - I suspect a lot of the Liber Animalium is in fact a group effort) wrote about.
A similar point can be made about Frederick and Albert. Fred did a lot of direct observation (or rather his falconers and he did), and he is remarkably accurate (for instance in telling species apart when the plumage differs because of breeding capacities). Albert, when he reports that work is likewise accurate, but then he includes the usual travellers' tales and fabulous beasts.
The problem is not that they couldn't observe. The problem was that they often reported things second or third hand in the interests of completeness. What science does differently is not report indirectly at all (in principle...).
mmmm... Ernst Haeckel anyone.
By pyrator (not verified) on 16 Aug 2006 #permalink
I've just remembered one of Aristotle's ideas which support the idea he didn't look to closely. He believed that women had fewer teeth than men.
On Aristotle and teeth. Be careful. He may have said this, but he's subject to a lot of misinterpretation and basically untruths in the way he's reported (in particular by Russell, for whom history was a succession of Good Guys and Bad Guys). Find that reference first and read what he actually said. For example, he did not say that lighter things fall more slowly than heavier things, despite the way he's reported. He said, sensibly, that they will encounter more resistance from the air if they are lighter.
On teeth, here's a review of a monograph that explains why he said this:
What about that most infamous claim, that women have fewer teeth than men? At first glance, one wonders (as does M.) how such a claim could serve an ideological purpose. How are the interests of men advanced at the cost of women by the belief that they have more bicuspids and molars? But more importantly, M. points out that there is some evidence to suggest that Aristotle's claim about teeth is actually a testament to his careful observation rather than evidence of apriorism in his science. Although the evidence is speculative, there is some proof that the diets of ancient Mediterranean women were deficient in vitamin C and D, deficiencies which resulted in diseases such as scurvy, osteomalacia, and osteoporosis, especially in pregnant and lactating women. No one knows exactly what Aristotle saw when he looked into the mouths of Mrs. Aristotle and her friends, but if he consistently saw fewer teeth that would hardly have been implausible given what we know about diet, calcium deficiency, and tooth loss.
Aristotles beliefs concerning the formation of fireballs or meteors becomes a major substantive point in reinforcing belief in the barnicle goose and a vast range of monsters and animals with a similar origin.
People appear driven to seek logical explanation for their beliefs. Their is little diffrence betwixt the barnicle goose, the meteor or the will o the wisp. Yet the elite prefered to justify their need of folklore and belief in "madge with a candle stick" with an elaborate theory and lots of refrence to supposed latin origin. Mutum et turpe pecus as Lord Monboddo was fond of saying.
By Jeb (not verified) on 28 Oct 2007 #permalink
For those who come here from old links, my new blog address is evolvingthoughts.net This blog is no longer active.
Evolving Thoughts moves
So it is farewell... I have enjoyed blogging here at Seed, who have been generally very good to me given the constraints of herding cats with string they are working under, but it is time to move on. The neighborhood became a little hostile to old fashioned fogies like me, and that's all we need to…
We will resume transmission as soon as we can
There's some reorganising of my life and blogging going on. I'll announce all the changes to links and stuff in a fortnight or less. Please excuse the dust and noise of the construction behind the plastic sheets.
No, it's not an ancestor either (probably)
In addition to the "missing link" trope that is being dished out about the new primate fossil, is another one, more subtle and insidious: it's the ancestor of all primates. How do they know that? Consider a biologically realistic scenario: at the time there were probably hundreds of species of…
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Home > Opinions > County of L. A. v. Southern Cal. Tel. Co.
County of L. A. v. Southern Cal. Tel. Co.
County of L. A. v. Southern Cal. Tel. Co. , 32 Cal.2d 378
[L. A. No. 19311. In Bank. Aug. 13, 1948.]
COUNTY OF LOS ANGELES, Appellant, v. SOUTHERN CALIFORNIA TELEPHONE COMPANY (a Corporation), Respondent.
J. H. O'Connor, Harold W. Kennedy, County Counsel, S. V. O. Prichard, First Assistant County Counsel, A. Curtis Smith and Gerald G. Kelly, Deputy County Counsel, for Appellant.
Pillsbury, Madison & Sutro, Lawler, Felix & Hall, Oscar Lawler, John W. Holmes and Francis N. Marshall for Respondent.
O'Melveny & Myers, Louis W. Myers, Pierce Works, Rodney K. Potter and Jackson W. Chance, as Amici Curiae on behalf of Respondent.
GIBSON, C.J.
By this action for an injunction, plaintiff county is seeking to compel defendant telephone company to obtain a county franchise and to pay for the privilege of maintaining its lines and poles on streets and highways outside of incorporated areas. Defendant claims it was granted this privilege by section 536 of the Civil Code as amended in 1905, fn. * and that it is not required to obtain a franchise from the county. The trial court determined that defendant had a valid franchise from the state and denied an injunction. The county has appealed from the judgment.
In the years 1903-1905, the county issued five franchises for telephone lines, and these were thereafter conveyed to the defendant telephone company. Three of the franchises terminated before this action was commenced, and a fourth [32 Cal.2d 381] expired before the trial. The fifth franchise by its terms is still in effect, but the area which it covers was expressly excluded from this controversy by the complaint. Only one of the franchises required the payment of a percentage of the gross receipts derived from the use of the privilege, and the company made the payments, as provided, until expiration of the period specified therein. The company and its predecessors, at least since 1909, have specifically relied on section 536 for their authority when applying for permits to locate or change poles or lines on the highway. Further, from 1905 until about the time of the filing of the complaint, except for six years, the county assessed and levied property taxes on the franchise claimed by defendant and its predecessors under that section.
The questions to be decided are: First, what is the effect of section 536? Second, was section 536 repealed by the Broughton Act? fn. * Third, if section 536 is construed as granting a franchise to defendant, is it unconstitutional (a) as being a gift in violation of sections 22 and 31 of article IV of the California Constitution or (b) as denying equal protection of the laws and constituting an invalid grant of special privileges in violation of the 14th Amendment to the federal Constitution and sections 11 and 21 of article I and section 25 of article IV of the California Constitution?
[1] Section 536 was originally enacted at the time of the adoption of the codes in 1872, but similar provisions had existed for many years prior thereto. (See Stats. 1850, p. 369; Stats. 1857, p. 171.) When first enacted the section applied only to telegraph corporations. It made no mention of telephone companies, and it did not grant any rights to such companies prior to 1905, when the section was repealed and reenacted to apply to both telegraph and telephone corporations. (See Sunset Tel. & Tel. Co. v. Pasadena, 161 Cal. 265 [118 P. 796].) As applied to telegraph companies, it has been held that section 536, as it existed prior to 1905, was [32 Cal.2d 382] effectual to grant a state franchise, and that the use of the highways, and the maintenance and operation of the telegraph system, constituted an acceptance of the provisions of the statute and resulted in a contract between the company and the state which was secured by the federal Constitution against impairment by subsequent state legislation. (See Western Union Tel. Co. v. Hopkins, 160 Cal. 106 [116 P. 557]; Western Union Tel. Co. v. Visalia, 149 Cal. 744 [87 P. 1023]; Postal Tel. Cable Co. v. Los Angeles, 160 Cal. 129 [116 P. 566]; Sunset Tel. & Tel. Co. v. Pomona, 172 F. 829, 837; Postal Tel. Cable Co. v. Railroad Com., 200 Cal. 463 [254 P. 258].)
The purpose of the change in 1905 was to add telephone corporations to the section, and, except for this extension, there is nothing in the amendment to indicate any intention to alter the effect and operation of the statute. fn. * (See City of Salinas v. Pacific Tel. & Tel. Co., 72 Cal.App.2d 494, 497 [164 P.2d 905].) In view of the construction given to this section as it existed prior to 1905, and the absence of other changes, it must be held that the intention was to offer the grant of a franchise to telephone as well as telegraph companies upon acceptance by the construction and operation of communication facilities.
[2] A question has arisen, however, as to whether section 536 was repealed by the Broughton Act, which was adopted at the same session at which section 536 was amended. The act does not contain any provision expressly repealing that section, and it was not repealed by implication unless the statutes are so repugnant they cannot stand together. The Legislature was considering the statutes at the same time and must have intended to give effect to both. In County of Inyo v. Hess, 53 Cal.App. 415 [200 P. 373], it was held that section 536 was not repealed by the Broughton Act but that the statutes could operate in separate fields. The court said at page 425 "that under and by virtue of the provisions of section 536 of the Civil Code, telephone corporations are granted the right and privilege to use the public highways over which to construct and operate lines of telephone wires, [32 Cal.2d 383] free from any grant made by subordinate legislative bodies, and unrestricted by the provisions of the Broughton Act. ..." The court also declared that section 536 was intended as a legislative grant limited in operation to telegraph and telephone corporations, as distinguished from individuals. This construction is supported by the specific terms of the section which refers only to "telegraph or telephone corporations."
The Broughton Act, unlike section 536, does not grant any right or privilege, nor does it purport to empower or authorize boards of supervisors to grant franchises or other privileges, but instead indicates an intent to limit and restrict the powers which may have been granted under other laws by specifying the procedure which must be followed and the conditions which must be imposed in the granting of any franchises by subordinate legislative bodies. The court stated in Oro Electric Corp. v. Railroad Com., 169 Cal. 466, at pages 482-483 [147 P. 118], that "this act merely places restrictions upon the granting of franchises, where the power to grant such franchises exists otherwise. As was said in Sunset Tel. & Tel. Co. v. Pasadena, 161 Cal. 265, 272 [118 P. 796], the 'whole purpose' of the act 'was to prescribe the method and conditions upon which the franchises included within its terms might be granted by the legislative body authorized by law to make the grant.' The act does not authorize any board or council to grant a franchise." (See also McGinnis v. Mayor and Common Council, 153 Cal. 711, 713-714 [96 P. 367]; City of San Diego v. Kerckhoff, 49 Cal.App. 473, 482 [193 P. 801].)
Since the Broughton Act is thus limited in operation to those franchises which subordinate legislative bodies are authorized to grant under other laws, it cannot be construed as applicable to statutory franchises which are not granted by such bodies but which, as in the case of the franchise involved here, are granted directly by the Legislature. The two statutes were enacted for separate purposes and occupy separate fields, and both can be given effect. There is, therefore, no such repugnance between the acts as would require a determination that there was any implied repeal. Accordingly, defendant is entitled to use the streets and highways in unincorporated areas of the county, by reason of its franchise under section 536, unless that section, as claimed, is unconstitutional.
The county contends that the Legislature is prohibited by [32 Cal.2d 384] sections 22 and 31 of article IV of the California Constitution fn. * from granting a free franchise and that since no compensation is required to be paid for the rights acquired under section 536, the statute is unconstitutional. It does not follow, however, that because telephone and telegraph companies are permitted without charge to construct lines along the highways the privilege granted is a gift. The franchise is conditioned not only on the establishment of lines by a telegraph or telephone corporation, but also, by necessary implication, on the continued operation of the system. [3] The grant under section 536 must be construed in favor of the state. (Civ. Code, § 1069.) As so construed it must be held to be a grant to use public roads and highways so long as telegraph or telephone communication service is continued and that the acceptance of the franchise involves an assumption of the duty to furnish proper and adequate communication service to the public. Obviously, the state receives a substantial benefit from the continued operation of such a system, and the question is whether, notwithstanding that benefit, the grant comes within the constitutional prohibition.
[4] Section 536 has been judicially construed by many decisions of this court, and it has been uniformly held that the statute is a continuing offer extended to telephone and telegraph companies to use the highways, which offer when accepted by the construction and maintenance of lines constitutes a binding contract based on adequate consideration, and that the vested right established thereby cannot be impaired by subsequent acts of the Legislature. (Western Union Tel. Co. v. City of Visalia, 149 Cal. 744 [87 P. 1023]; Western Union Tel. Co. v. Hopkins, 160 Cal. 106 [116 P. 557]; Western Union Tel. Co. v. County of Los Angeles, 160 Cal. 124 [116 P. 564]; Postal-Telegraph Cable Co. v. County of Los Angeles, 160 Cal. 129 [116 P. 566]; Postal Telegraph-Cable Co. v. Los Angeles, 164 Cal. 156 [128 P. 19]; Sunset Tel. & Tel. Co. v. Pasadena, 161 Cal. 265 [118 P. 796]; Postal-Telegraph [32 Cal.2d 385] Cable Co. v. Railroad Com., 200 Cal. 463 [254 P. 258]; see People v. Turlock Home Tel. & Tel. Co., 200 Cal. 546 [253 P. 1108]; County of Inyo v. Hess, 53 Cal.App. 415 [200 P. 373]; State of California v. Marin Mun W. Dist., 17 Cal.2d 699 [111 P.2d 651].)
The nature of the rights and privileges arising from section 536, as interpreted by the cases just cited, is stated in Postal-Telegraph Cable Co. v. Railroad Com., 200 Cal. 463, at pages 472-473 [254 P. 258], as follows: "This section [536] constitutes a grant of a franchise which the state offered, and petitioner accepted by the construction of its lines. The rights acquired by the Telegraph Company, by accepting and availing itself of the provisions of the section, are vested rights which the constitutions, both state and federal, protect. They cannot be taken away by the state, even though the legislature should repeal the section, or by the people through a constitutional provision. ... The finding of the respondent Commission of the physical fact that petitioner was maintaining and operating its lines of telegraph over the roads and highways of the state establishes, as a matter of law and fact, the proposition that it has accepted and owns a state franchise for that purpose, which was offered to it by section 536, supra. ... The grant, resulting from the acceptance of the state offer, constituted a contract between the Telegraph Company and the state, secured by the constitution of the United States against impairment by any state legislation." (See also City of Beverly Hills v. Los Angeles, 175 Cal. 311 [165 P. 924].)
The prevalence of legislative grants to public utilities of the privilege of using streets and highways is shown by the following statement in State of California v. Marin MuN.W. Dist., 17 Cal.2d 699, 703 [111 P.2d 651]: "The right obtained by defendant from these sources is a right conferred by the legislature to construct and operate pipe lines along the public highways of the state. Such a grant by the state to a public utility ... has always been considered a franchise by the courts of this state. The right granted to municipal corporations by the statute of 1923 to use the public highways was held a franchise in Los Angeles v. South Gate, 108 Cal.App. 398 [291 P. 654]. The right granted to public utilities by article XI, section 19 of the ... Constitution ... was held a franchise in San Jose Gas Co. v. January, 57 Cal. 614. ... The right granted to telephone and telegraph companies [32 Cal.2d 386] by ... section 536 [Civ. Code] ... was held a franchise in Western Union Tel. Co. v. Hopkins, 160 Cal. 106 [116 P. 557]; Sunset Tel. & Tel. Co. v. Pasadena, 161 Cal. 265 [118 P.796], and Postal-Telegraph Cable Co. v. Los Angeles, 164 Cal. 156 [128 P. 19]. The right granted to irrigation districts by a 1923 statute ... for power lines was held a franchise in Winkie v. Turlock Irr. Dist., 24 Cal.App.2d 1 [74 P.2d 302]."
The courts of other jurisdictions have held that the statutory offer of a franchise when accepted by the construction and operation of a public utility results in a valid contract secured by the federal Constitution against impairment. (New York Electric Lines Co. v. Empire Subway Co., 235 U.S. 179, 193 [35 S.Ct. 72, 59 L.Ed. 184]; City Railway Co. v. Citizens' Street Railroad Co., 166 U.S. 557, 567 [17 S.Ct. 653, 41 L.Ed. 1114]; Chicago Gen. Ry. Co. v. City of Chicago, 176 Ill. 253, 259 [52 N.E. 880, 68 Am.St.Rep. 188, 66 L.R.A. 959]; see State v. Southwestern Bell Telephone Co., 338 Mo. 617 [92 S.W.2d 612]; Arkansas State H. Com'n. v. Southwestern Bell T. Co., 206 Ark. 1099 [178 S.W. 2d 1002].)
The county seeks to avoid the effect of the long line of cases holding that the acceptance of the offer contained in section 536 and similar statutes resulted in a valid contract by asserting that those cases did not take into consideration the constitutional prohibition against gifts of public property and its historical background. It is argued that sections 22 and 31 of article IV of the state Constitution were enacted to prevent the waste of public funds and property by the appropriation of subsidies to railroads and other corporations, and that the privilege of using the highways for telephone lines is, in effect, a subsidy to a corporation operated for private profit. Although none of the opinions of this court construing section 536 discussed the possible effect of sections 22 and 31 of article IV, it would seem unlikely that the many judges and counsel participating in those cases entirely overlooked the legality of the consideration involved, since that was an essential requisite in each case to the holding that the acceptance of the offer of a franchise resulted in a valid contract.
In support of its contention that a public benefit cannot be a valid consideration for the grant of a limited privilege to use the highways for the construction and maintenance of telephone lines, the county relies upon the case of Higgins v. San Diego Water Co., 118 Cal. 524 [45 P. 824, 50 P. 670], asserting that the consideration involved there is identical [32 Cal.2d 387] with that which must be urged to support the contract in the present case. The city of San Diego subleased from defendant water company its distributing system for the term of 20 years at a fixed monthly rental, and the company agreed as part of the consideration that it would construct a railroad line. The agreement was held to be invalid on the ground that the charter of San Diego conferred no authority upon the council to expend any portion of the municipal funds in aiding the building of railroads. The court expressly declined to determine whether the contract violated the constitutional prohibition against gifts, and the decision therefore is not authority here. There is language in the opinion, however, which intimates that some of the evils which the constitutional restriction was designed to prevent were present in the transaction involved in that case.
Courts in other jurisdictions with similar constitutional prohibitions have held in factual situations comparable to that involved in the Higgins case that the general public benefit derived from the construction of a public utility system is insufficient consideration to support direct appropriations of public money, extensions of public credit, or outright grants of property. (Lord v. Denver, 58 Colo. 1 [143 P. 284, Ann.Cas. 1916C 893, L.R.A. 1915B 306]; Colorado Central R. R. Co. v. Lea, 5 Colo. 192; Southern Railway Co. v. Hartshorne, 162 Ala. 491 [50 So. 139]; Stone v. State, 223 Ala. 426 [136 So. 727].) On the other hand, the only cases which have considered franchises of the character involved here hold that the grants are valid and do not contravene constitutional prohibitions against gifts. (State v. Southwestern Bell Telephone Co., 338 Mo. 617 [92 S.W.2d 612]; State v. Union Electric Co. of Missouri (Mo.App.), 142 S.W.2d 1099; Arkansas State H. Com'n. v. Southwestern Bell T. Co., 206 Ark. 1099 [178 S.W.2d 1002].)
There appears to be some basis for the distinction although it has not been pointed out in the cases. [5] A franchise such as is authorized by section 536 is not an absolute grant in fee or an appropriation of money, but is merely a limited right to use the highways and only to the extent necessary for the furnishing of services to the public. Also, the privilege must be exercised "in such manner and at such points as not to incommode the public use of the road or highway." (Civ. Code, § 536.) It is obvious that the right acquired by the company is of less substance than the transfers involved in [32 Cal.2d 388] the cited cases which condemn appropriations of money and grants in fee.
Moreover, the state is assured of a continuing benefit in return for the privileges granted under section 536, whereas this may not be true in transactions involving an outright appropriation or transfer in fee. The company must not only construct a telephone system but it must render service, and if it fails to do so the franchise terminates. Thus the state receives benefits during the life of the franchise, since in order to retain it the company must continue to serve the public. If and when the public benefit ceases and the franchise expires, the state is in as good a position as it was before the limited privilege was granted. The building of a public utility and the consequent benefit to the people may not be a sufficient consideration to support a grant in fee, but it does not follow that the benefit received from the construction and continued operation of a telephone system is not an adequate return for the use of the highways so long as the public service continues.
[6] Since the offer of a franchise in section 536, when accepted, results in a binding agreement supported by a valid consideration, there is no gift within the meaning of the constitutional prohibitions.
[7] It is further urged that section 536, insofar as it applies only to corporations and not to individuals, improperly grants special privileges and invalidly discriminates in favor of corporations. It is asserted that the section violates the equal protection clause of the 14th Amendment to the federal Constitution, and also that it is invalid under article I, sections 11 and 21, and article IV, section 25, subdivisions 19 and 33 of the state Constitution. fn. *
These provisions of the state and federal Constitutions do not prevent classification by the Legislature, nor do they require that statutes operate uniformly with respect to persons [32 Cal.2d 389] or things which are in fact different. (People v. Western Fruit Growers, 22 Cal.2d 494 [140 P.2d 13]; McCreery v. McColgan, 17 Cal.2d 555 [110 P.2d 1051, 133 A.L.R. 800]; In re Fuller, 15 Cal.2d 425 [102 P.2d 321]; Bueneman v. City of Santa Barbara, 8 Cal.2d 405 [65 P.2d 884, 109 A.L.R. 895]; Tigner v. Texas, 310 U.S. 141 [60 S.Ct. 879, 84 L.Ed. 1124]; Puget Sound Co. v. Seattle, 291 U.S. 619 [54 S.Ct. 542, 78 L.Ed. 1025]; Radice v. New York, 264 U.S. 292 [44 S.Ct. 325, 68 L.Ed. 690]; Arkansas Nat. Gas Co. v. Railroad Com., 261 U.S. 379 [43 S.Ct. 387, 67 L.Ed. 705].)
The problem presented by the difference in treatment accorded corporations and individuals under section 536 was directly passed upon in Western Union Tel. Co. v. Hopkins, 160 Cal. 106 [116 P. 557], and Postal Tel. Cable Co. v. Los Angeles, 160 Cal. 129 [116 P. 566], where the claim was made that section 536 was invalid because the offer of a franchise contained therein was limited to corporations. In the Hopkins case the court, in holding that there was no violation of the constitutional provisions relating to special legislation, said (p. 122): "We may reasonably assume that good and sufficient reasons may be apparent to the legislature why the right to exclusively occupy portions of the public highways for the purposes specified should be confined to corporations organized and existing for the purpose of doing a telegraph business, and why such corporations constitute a class to which such a grant may properly be restricted without violating our constitutional provisions against special legislation. If it may reasonably be so assumed the legislation must be upheld, for it is well settled that to warrant a court in adjudging legislation void on this ground it must clearly appear that there was no sufficient reason to warrant the legislative department in finding a difference and making the discrimination. Every presumption is in favor of the validity of an act of the legislature, until its invalidity is made to appear."
Although the Hopkins case makes no specific reference to the equal protection clause of the 14th Amendment, it is clear that the test for determining the validity of a statute where a claim is made that it unlawfully discriminates against any class is substantially the same under the state prohibitions against special legislation and the equal protection clause of the federal Constitution. (People v. Western Fruit Growers, 22 Cal.2d 494, 506 [140 P.2d 13]; see McCreery v. McColgan, [32 Cal.2d 390] 17 Cal.2d 555 [110 P.2d 1051, 133 A.L.R. 800]; In re Fuller, 15 Cal.2d 425 [102 P.2d 321]; Bueneman v. City of Santa Barbara, 8 Cal.2d 405 [65 P.2d 884, 109 A.L.R. 895].) In the Western Fruit Growers case the court, after noting the general rules on this subject, stated: "Problems of classification under the California Constitution are thus similar to those presented by the federal equal protection of the laws clause of the 14th Amendment. Under either provision, the mere production of inequality which necessarily results to some degree in every selection of persons for regulation does not place the classification within the constitutional prohibition. The discrimination or inequality produced, in order to conflict with the constitutional provisions, must be 'actually and palpably unreasonable and arbitrary,' or the legislative determination as to what is a sufficient distinction to warrant the classification will not be overthrown. [Citations.] When a legislative classification is questioned, if any state of facts reasonably can be conceived that would sustain it, there is a presumption of existence of that state of facts, and the burden of showing arbitrary action rests upon the one who assails the classification." (22 Cal.2d 494, 506.)
It is argued, however, that the portion of the opinion in the Hopkins case dealing with the assertedly invalid distinction between individuals and corporations was dictum for the reason that the telegraph company had commenced business and acquired rights under the Constitution of 1849, which contained no inhibition against special legislation. However, in the companion case of Postal Tel. Cable Co. v. Los Angeles, 160 Cal. 129 [116 P. 566], decided at the same time and controlled by the Hopkins decision, the plaintiff company did not commence business or acquire any rights until after the adoption of the Constitution of 1879, and therefore the issue was necessarily before the court.
The reasons which may have motivated the enactment of section 536 were not discussed in the Hopkins case, but it must be presumed that the Legislature acted in response to a reasonable basis for classification and that the differentiation was based on adequate grounds if any such basis can reasonably be said to exist. There is ample justification for treating corporations differently from individuals in granting franchises for the operation of telephone and telegraph systems, and there is a reasonable basis for the classification of corporations as the sole recipients of the grant offered in section 536. Corporations [32 Cal.2d 391] are in a better position than individuals to finance and carry on statewide projects of this nature, they are more easily regulated and supervised, and they have much greater permanency of existence and can give better assurance of uninterrupted service. It may be that one of the purposes of section 536 was to promote the establishment of statewide communication systems, and the use of corporate ownership and management may have been considered the best method of achieving that purpose.
Statutes similar to section 536, and applying to telephones and telegraphs or to railroads, exist in most of the other states of the Union, but no case has been found in which such a statute was held unconstitutional on the ground of improper discrimination. On the contrary, where the objection has been raised, the power to limit the granting of franchises has been upheld. In Goddard v. Chicago & N.W. Ry. Co., 202 Ill. 362 [66 N.E. 1066], an act provided that a street railroad corporation might use the streets and highways outside of cities and towns with the consent of the county board, but did not authorize such use by individuals. It was held that the Legislature by limiting grants to incorporated companies did not violate the state or federal Constitutions. Other courts have held that banking, insurance and similar businesses may be restricted to corporations. (See Noble State Bank v. Haskell, 219 U.S. 104 [31 S.Ct. 186, 55 L.Ed. 112]; Shallenberger v. First State Bank, 219 U.S. 114 [31 S.Ct. 189, 55 L.Ed. 117]; Engel v. O'Malley, 219 U.S. 128 [31 S.Ct. 190, 55 L.Ed. 128]; Dillingham v. McLaughlin, 264 U.S. 370, 373 [44 S.Ct. 362, 68 L.Ed. 742]; German Alliance Ins. Co. v. Lewis, 233 U.S. 389, 416 [34 S.Ct. 612, 58 L.Ed. 1011]; Commonwealth v. Vrooman, 164 Pa. 306 [30 A. 217, 44 Am.St.Rep. 603, 25 L.R.A. 250]; Brady v. Mattern, 125 Iowa 158 [100 N.W. 358, 106 Am.St.Rep. 291].)
There are general statements in Frost v. Corporation Com., 278 U.S. 515 [49 S.Ct. 235, 73 L.Ed. 483], which, detached from their context, may appear to be out of harmony with the authorities cited above. The case, however, is clearly distinguishable. The legislation condemned in that decision exempted agricultural corporations issuing stock and organized for private gain, as well as true cooperatives, from the requirement of making a showing of public necessity in order to obtain a permit to operate a cotton gin. Individuals and other [32 Cal.2d 392] corporations desiring to engage in the same business for profit were required to make the showing. The corporation involved in the Frost case was an agricultural company issuing stock and organized for private gain. The court intimated that true cooperatives might be properly exempted but held that, in view of the subject dealt with by the legislation, there was no substantial or relevant basis for the differentiation between an agricultural corporation of the type there involved and individuals or other corporations organized for profit. The subject involved in the Frost case is entirely different from that dealt with in section 536. As we have seen, there are sound purposes to be served in encouraging the corporate operation of telephone systems, and the classification complained of cannot, therefore, be said to be unreasonable or arbitrary.
[8] The rule that all presumptions are in favor of the validity of statutes and that a classification made by the Legislature will not be overthrown by the courts unless it is palpably unreasonable has added force when, as here, the statute has been accepted as valid for many years, and vast sums have been invested in reliance upon the rights granted. In Willard v. Glenn-Colusa Irr. Dist., 201 Cal. 726 [258 P. 959], where attack was made on the constitutionality of section 55 of the California Irrigation District Act, and the court said (pp. 743-744): "It has been upon the statute books of this state for over forty years. While its constitutionality has never been passed upon by this court, this question, so far as our knowledge goes, has never been raised. It is hardly possible that in all the litigation that has been before the courts of this state regarding irrigation districts in their various ramifications, the validity of this provision of the statute would not have been attacked had there been any question of its constitutionality. The fact that no proceeding prior to the present one has ever been brought before this or any of the appellate courts of this state in which the constitutionality of this provision of the statute has been questioned is most convincing proof that the profession as a whole has regarded its validity unassailable."
Stronger and even more convincing proof may be found in the legal history of section 536. Its provisions relating to telegraph companies have been in existence since 1872, and those applying to telephone companies have been in effect since 1905. The constitutionality of the section has been impliedly [32 Cal.2d 393] upheld by many decisions of this court, and in the few instances where a direct challenge has been made it has withstood the attack. These decisions have been acquiesced in and acted upon for more than 40 years and have become something akin to a rule of property which should not be disturbed in the absence of the most compelling and cogent reasons. We find no such reasons here.
The judgment is affirmed.
Shenk, J., Traynor, J., Schauer, J., and Spence, J., concurred.
Edmonds, J., concurred in the judgment.
CARTER, J.
By permitting section 536 of the Civil Code and the Broughton Act to stand side by side, the majority opinion in effect affirms the holding in Inyo v. Hess, 53 Cal.App. 415 [200 P. 373], that the two statutes have the effect of giving to telephone and telegraph corporations the right to erect and maintain lines along public highways and streets free of any burden whatsoever while every other person or association must comply with a number of regulations and pay money for the same right. Thus the majority perpetuates the type of special privilege conferred upon corporations which is reminiscent of the decade when this legislation was adopted.
In my opinion, this results in a violation of the equal protection clause of the Fourteenth Amendment to the federal Constitution. While it is clear that the equal protection clause does not prevent a state Legislature from enacting statutes which contain a "reasonable classification," it is equally clear that it does prevent the states from enacting laws which create unreasonable discrimination. The majority opinion asserts that the differentiation here involved is a "reasonable classification." To support this argument, eight cases are cited. (Goddard v. Chicago & N.W. Ry. Co., 202 Ill. 362 [66 N.E. 1066]; Noble State Bank v. Haskell, 219 U.S. 104 [31 S.Ct. 186, 55 L.Ed. 112]; Shallenberger v. First State Bank, 219 U.S. 114 [31 S.Ct. 189, 55 L.Ed. 117]; Engel v. O'Malley, 219 U.S. 128 [31 S.Ct. 190, 55 L.Ed. 128]; Dillingham v. McLaughlin, 264 U.S. 370 [44 S.Ct. 362, 68 L.Ed. 742]; German Alliance Ins. Co. v. Lewis, 233 U.S. 389 [34 S.Ct. 612, 58 L.Ed. 1011]; Commonwealth v. Vrooman, 164 Pa. 306 [30 A. 217, 44 [32 Cal.2d 394] Am.St.Rep. 603, 25 L.R.A. 250]; Brady v. Mattern, 125 Iowa 158 [100 N.W. 358, 106 Am.St.Rep. 291].)
All eight of these cases involved statutes making distinctions between classes of the public. In all eight of the cases, the statutes were upheld as not violative of the Constitution. But the basis of the holdings in seven of the eight cases was that the statutes constituted an exercise of the police power, so-called. This power of the states to make regulations which, while they abridge the rights of some of the citizens, are nevertheless necessary and justified in the interest of the general public, can be invoked only in cases where there is a danger to the general public. A classification may be validly made when it has a reasonable tendency to combat a specific evil. "... [T]o justify the imposition of a burden, there must be some connection of causation or responsibility between the person selected or the right impaired and the danger to the public welfare or the public burden which is sought to be avoided or relieved." (Freund, Police Power, 635.) This element of public danger was present in seven of the cases mentioned. In Noble State Bank v. Haskell, 219 U.S. 104 [31 S.Ct. 186, 55 L.Ed. 112], the issue was whether anyone desiring to engage in the business of banking could be required to form a corporation, submit to certain inspections and contribute to an insurance or guaranty fund. The evil which this regulation was designed to check was the frequent failure of individuals engaged in the banking business to meet their obligations, and the resulting insecurity of commercial paper, especially checks. The Supreme Court of the United States said: "If the ... legislature declares ... that incorporation, inspection and the above-described cooperation are necessary safeguards, this court certainly cannot say that it is wrong." (Noble State Bank v. Haskell, supra.) [Emphasis added.] Shallenberger v. First State Bank, 219 U.S. 114 [31 S.Ct. 189, 55 L.Ed. 117], involved practically the same situation and is based on the same reasons as the Noble State Bank case. Engel v. O'Malley, 219 U.S. 128 [31 S.Ct. 190, 55 L.Ed. 128], and Dillingham v. McLaughlin, 264 U.S. 370 [44 S.Ct. 362, 68 L.Ed. 742], both involved control of a type of business apparently common to New York during the years of heavy immigration. There, individuals would act as depositaries of small savings deposits made by recent immigrants. A substantial number of these depositaries seems to have absconded with the money so deposited and, of course, the low-income, unsophisticated [32 Cal.2d 395] depositors were nearly helpless. To eliminate this danger and still enable this particular group of depositors to make their small deposits, various statutory enactments were passed which subjected these individual depositaries to rather strict regulations but exempted from the operation of the regulations banks duly incorporated. Failure on the part of the depositaries to comply with the regulations, such as putting up a bond and submitting to inspections, was made a misdemeanor. Statutes of this type were therefore obviously designed to check an evil and if any further test be needed, the criminal character of the statute is the best indication that the protection of the public was at its basis. In German Alliance Ins. Co. v. Lewis, 233 U.S. 389 [34 S.Ct. 612, 58 L.Ed. 1011], a statute imposing a number of regulations on insurance companies was attacked on the ground that it expressly exempted farmers' cooperative insurance associations from its regulations. The provisions of the statute were regulatory only and it was held that the classification was entirely reasonable because the members of a cooperative farmers' insurance association are in a far better position to police their own organization than members of the public who deal with unincorporated and unregulated insurers.
The next two cases cited are not binding on this court because they were decided by state courts. But they are equally based on the principle of protection of the public so that they are not only not binding but also inapplicable. Commonwealth v. Vrooman, 164 Pa. 306 [30 A. 217, 44 Am.St.Rep. 603, 25 L.R.A. 250], was a criminal prosecution under a statute making it a misdemeanor for any person other than a corporation to engage in the insurance business. The decision upholding the distinction is based on the police power and the need of the public for protection. Brady v. Mattern, 125 Iowa 158 [100 N.W. 358, 106 Am.St.Rep. 291], was a petition for a writ of habeas corpus by a contractor who had been arrested after violating a statute which placed rather stringent controls on individual contractors and required them to put up bonds but exempted corporate contractors and building and loan associations from such controls. The petitioner attacked the constitutionality of the discrimination and the court based its refusal to grant the writ on the fact that the protection necessary to safeguard the public made the classification reasonable.
In the case at bar, there is no pretence that the discrimination [32 Cal.2d 396] is in any way designed to protect the general public from the risks involved if it is permitted to deal with unincorporated telephone and telegraph operators. The absence of this element renders section 536 of the Civil Code unconstitutional. It makes a distinction between private persons and partnerships on one side and telephone and telegraph corporations on the other. This distinction would result in a reasonable classification if public welfare were at all involved. Since public welfare is not involved, the distinction results in a discrimination prohibited by the equal protection clause of the Fourteenth Amendment.
The one case cited in the majority opinion which has not been dealt with does seem to state the rule that the policies behind legislation are not open to inquiry by the courts. Goddard v. Chicago & N.W. Ry. Co., 202 Ill. 362 [66 N.E. 1066]. In that case the argument was made that legislation which permitted a county board to issue permits for the construction of railroads to corporations only was in violation of the state and the federal Constitutions. The court brushed this argument aside, saying: "The legislature had power to limit the authority of the county board to grant a license to incorporated companies created ... for the purpose of constructing and operating street railways, and it is not material what reason existed for prescribing the limit. It was a case for the exercise of legislative judgment with which we are not concerned." (Goddard v. Chicago & N.W. Ry. Co., supra.) It is submitted that the court was clearly wrong in stating this flat rule. The moment a classification or discrimination is created, the question of whether it shall stand or fall is very much the concern of the courts. It is simply not true that the Legislature can exercise unlimited discretion when it creates such classifications. The majority opinion recognizes this and correctly states the rule that discriminatory legislation must fall unless reasonable and nonarbitrary. The Goddard case, in failing to recognize this rule, would therefore fall even under the view taken by the majority. Besides, being a state case it is not binding here and its persuasive force is dissipated by the case of Frost v. Corporation Com., 278 U.S. 515 [49 S.Ct. 235, 73 L.Ed. 483], which controls the Goddard case as well as the case at bar.
The Frost case, supra, shows that the result reached by the majority is wrong. The distinction created by section 536, the Broughton Act and the decision in this case is not a reasonable [32 Cal.2d 397] classification: It is an unreasonable discrimination. The present case falls clearly within the rule of the Frost case as it is much stronger on the facts. In the Frost case, a statute required persons and nonagricultural corporations who wished to engage in the ginning of cotton to make a showing of public necessity as a condition precedent to their being able to obtain a license. Cooperative associations were exempt from this requirement. Under the general laws of the state involved, a cooperative association was free to sell its services to the public and make a profit out of such dealings. The court held that the distinction created an unreasonable classification. "... the proviso, as here construed and applied, baldly creates one rule for a natural person and a different and contrary rule for an artificial person, notwithstanding the fact that both are doing the same business with the general public and to the same end, ... it produces a classification which subjects one to the burden of showing a public necessity for his business, from which it relieves the other, and is essentially arbitrary, because based upon no real or substantial differences having reasonable relation to the subject dealt with by the legislation." (Frost v. Corporation Com., supra, 522.)
In the case at bar, mere enumeration of some of the requirements set forth in the Broughton Act will show that a greater burden results in this case than that of showing a public necessity in the Frost case. Under the Broughton Act, a bidder for a franchise must--unless he is a telephone or telegraph corporation--submit sealed bids, must make immediate payment of a substantial sum if the franchise is struck off to him at the auction, must make an additional large payment within 24 hours, and must pay a tax of 2 per cent on the gross receipts every year. There are other provisions, but those set forth show sufficiently the great disparity created between the privileges enjoyed by corporations under section 536 and those enjoyed by individuals and associations under the Broughton Act.
This classification is unreasonable and discriminatory because nothing is gained through it by anyone including the state, except the corporations which are exempt from the burdens of the Broughton Act. Operators other than those favored few are evidently just as acceptable to the Legislature, provided they pay for the privilege given free to those favored few. Just as in Frost v. Corporation Com., supra, both [32 Cal.2d 398] are engaged in exactly the same type of business, for the same purpose. Both would be public utilities. It is obvious, therefore, that no consideration of public welfare could have been in the back of the legislators' minds. No real reason for the classification is shown. The majority opinion indulges in conjecture as to what some of these reasons might have been. That, however, is not a proper solution. The Supreme Court of the United States has laid down the rule that the reasons for the classification must be apparent in order for it to have any chance of being sustained: "To assume that some unnamed public interest exists, which will sustain the discrimination, does not help the matter here; because the assumption can rest only on surmise, with nothing concrete or explicit appearing to support it or to indicate a legislative intent to relate the exemption to any public purpose." (Colgate v. Harvey, 296 U.S. 404, 425 [56 S.Ct. 252, 80 L.Ed. 299, 102 A.L.R. 54].) The last-cited case involved income tax legislation under which income from investments within the state was favored over that derived from out-of-state investments. The state courts held that such a statute "might" have the purpose of encouraging investments within the state. The Supreme Court answered that contention in the words quoted supra The suppositions made by the majority opinion in the case at bar are open to the same criticism.
Two more points are raised which purportedly lend support to the holding of the majority: One, that the question of constitutionality of these statutes has been before this court and has been decided and that therefore the classification and the subsequent reliance thereon became tantamount to a rule of property which this court should not disturb except for compelling reasons. Literally speaking, the statement that the constitutionality of the combined effect of these statutes has been before this court is true. The statement, however, contains an ambiguous term: "Constitutionality." If this word can be construed to include the state Constitution alone, the statement would be correct. Western Union Tel. Co. v. Hopkins and its companion cases, 160 Cal. 106 ff. [116 P. 557], did pass on the question whether the California Constitution was violated. But the court expressly recognized that nothing more than one single section of the California Constitution had been raised by counsel. The court found that that section had not been violated (art. I, § 11), and discussed one other aspect of the case under the California Constitution. The [32 Cal.2d 399] federal Constitution was not mentioned. How a holding of this kind can result in a "rule of property" is very difficult to conceive. The federal question is before this court for the first time in this case. There is no reason why it should not be squarely met.
The other contention is that no "compelling and cogent reasons" exist in this case for a change of the status of telephone and telegraph corporations under what they conceived the law to be. I believe that such reasons do exist. Under the majority holding the counties will receive no revenue out of franchises operated by telephone or telegraph corporations. In order to meet the requirements of the various budgets involved, the tax rate in those counties is therefore correspondingly higher than it would be if these corporations were subjected to the same duty to pay now resting on the balance of the operators. By subjecting telephone and telegraph corporations to the terms of the Broughton Act and by requiring them to make the payments called for by the act, the revenue of the counties will increase and the tax rate will decrease correspondingly. The result will be a higher operating cost for telephone and telegraph corporations. But, contrary to the contention made by these corporations, this will not have any "disastrous effects" on them. They are given the means of obtaining permission to charge higher rates (Stats. 1915, p. 115 as amended, 2 Deering's Gen. Laws, Act 6386, § 61 ff.) and will not, as they seem to contend, be driven into bankruptcy. The higher rates which telephone and telegraph corporations may then charge for their services will place the burden of paying for the use of public streets and highways where it belongs: On the subscribers to telephone and telegraph services rather than the taxpayers at large. That, in my opinion, is a reason sufficiently cogent and compelling to make a change, even if a settled situation had existed up to now. Mere lapse of time will never breathe the breath of life into a statute void for unconstitutionality, and the attempt to uphold the statute on this ground evinces a fatal weakness in the basic concept upon which the majority opinion is predicated.
The equal protection clause of the Fourteenth Amendment to the Constitution of the United States has been given renewed vigor by several recent decisions of the Supreme Court of the United States, and in view of this trend I do not anticipate that that court will depart from its pronouncement in [32 Cal.2d 400] the Frost case which is in clear conflict with the holding of the majority in the case at bar.
It is, therefore, my opinion that the judgment should be reversed.
FN *. Section 536 of the Civil Code as amended in 1905 provides that "Telegraph or telephone corporations may construct lines of telegraph, or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this state, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters."
FN *. The Broughton Act (Stats. 1905, p. 777; 1 Deering's Gen. Laws, Act 2720) provides: "Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate street or interurban railroads upon any public street or highway ... or to exercise any other privilege whatever hereafter proposed to be granted by boards of supervisors ... or other governing or legislative bodies of any county ... except telegraph or telephone lines doing an interstate business ... shall be granted upon the conditions in this act provided, and not otherwise." One of the conditions specified is the payment of 2 per cent of the gross receipts.
FN *. It has been held, however, that since section 536 did not confer any rights on telephone companies prior to its reenactment in 1905, the amended section did not grant such companies a franchise to use the streets of a city which previously had been given full control of its streets under a freeholders' charter. (Sunset Tel. & Tel. Co. v. Pasadena, 161 Cal. 265 [118 P. 796]; City of Salinas v. Pacific Tel. & Tel. Co., 72 Cal.App.2d 494 [164 P.2d 905].)
FN *. Article IV, section 22, provides that "no money shall ever be appropriated or drawn from the State Treasury for the purpose or benefit of any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the State as a state institution nor shall any grant or donation of property ever be made thereto by the State."
Article IV, section 31, provides that "[t]he Legislature shall have no power ... to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever."
FN *. Article I, section 11, provides: "All laws of a general nature shall have a uniform operation."
Article I, section 21, provides: "No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens."
Article IV, section 25, provides: "The Legislature shall not pass local or special laws in any of the following enumerated cases ... Nineteenth--Granting to any corporation, association, or individual any special or exclusive right, privilege, or immunity ... Thirty-third--In all other cases where a general law can be made applicable."
Fri, 08/13/1948 32 Cal.2d 378 Review - Criminal Appeal Opinion issued
1 COUNTY OF LOS ANGELES, Appellant, v. SOUTHERN CALIFORNIA TELEPHONE COMPANY (a Corporation) (Respondent)
2 SOUTHERN CALIFORNIA TELEPHONE COMPANY (a Corporation) (Respondent)
Aug 13 1948 Opinion: Affirmed
SCOCAL, County of L. A. v. Southern Cal. Tel. Co. , 32 Cal.2d 378 available at: (https://scocal.stanford.edu/opinion/county-l-v-southern-cal-tel-co-25901) (last visited Sunday January 16, 2022).
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Home > Opinions > Quinn v. State of California
Quinn v. State of California
Quinn v. State of California , 15 Cal.3d 162
[S.F. No. 23146. Supreme Court of California. September 10, 1975.]
THOMAS QUINN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent; INSURANCE COMPANY OF NORTH AMERICA, Claimant and Respondent
(In Bank. Opinion by Tobriner, J., with Wright, C. J., Mosk and [15 Cal.3d 163]
Sullivan, JJ., and Burke, J., concurring. Dissenting opinion by Clark, J., with McComb, J., concurring.) Sullivan, JJ., and Burke, J., concurring. Dissenting opinion by Clark, J., with McComb, J., concurring.)
Boccardo, Blum, Lull, Niland, Teerlink & Bell, Edward J. Niland and Stanley A. Ibler, Jr., for Plaintiff and Appellant.
Robert E. Cartwright, Edward I. Pollock, William H. Lally, Stephen I. Zetterberg, Robert G. Beloud, David B. Baum and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.
Hardy, Erich & Brown and John R. Ball for Defendant and Respondent and for Claimant and Respondent.
Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill, Edmund E. White and Richard M. Skinner as Amici Curiae on behalf of Defendant and Respondent and Claimant and Respondent.
TOBRINER, J.
Under the workers' compensation statutes fn. 1 a worker may not sue his employer for a work-related injury, but he may recover a judgment from a negligent third party for such an injury. (§ 3852.) From this judgment an employer who has paid his employee compensation benefits may recoup the amount thus expended. (§ 3856.) We must now construe that portion of section 3856 fn. 2 which requires the trial court [15 Cal.3d 165] before reimbursing the employer in such a case as this to determine and order payment of "a reasonable attorney's fee," fn. 3 a fee based "upon the services rendered by the employee's attorney in effecting recovery both for the benefit of the employee and the employer." We face here the question whether this statute incorporates the principle that an active litigant (here the worker) may require the passive beneficiary of his efforts (here the employer) to contribute toward the payment for the services of litigant's attorney which produced the recovery. [15 Cal.3d 166]
As we shall show in more detail, our conclusion that the employer should bear his share of such fees rests upon the equitable principle of apportionment long applied by the courts and upon the Legislature's incorporation of such principle into section 3856. The facts of this case serve to illustrate the reasons for the legislative enactment.
Plaintiff sustained serious injuries in the course of his work on a project for the construction of a dam; he consequently received workers' compensation benefits of $13,942. Plaintiff sued the state, which owned the construction site, alleging its negligence as the proximate cause of his injuries. (§ 3852; Rest. 2d Torts, § 416.) On the first day of trial the insurance carrier which had paid the workers' compensation benefits filed a lien pursuant to section 3856 against any judgment that might result. The carrier did not otherwise participate in the litigation on behalf of the plaintiff.
After a jury trial plaintiff received a verdict and judgment for $91,314.99; the trial court denied defendant's motion for a new trial and for judgment notwithstanding the verdict. Defendant's liability insurer (which by chance had also written the employer's workers' compensation policy) fn. 4 sent plaintiff a draft for $80,231.06, an amount reached by deducting from the judgment and statutory interest the full amount of the workers' compensation benefits paid to plaintiff. Urging that his attorney had performed all the work leading to the recovery, plaintiff then moved for an order apportioning his attorney's fee between himself and his employer. fn. 5 Denial of that motion led to this appeal.
1. The relevant statutes are based upon principles of apportionment long applied by our courts.
A brief sketch of the policy of employers' subrogation to workers' recoveries in third party negligence actions and of the legislation [15 Cal.3d 167] implementing that policy will illuminate the problem in the instant case and the Legislature's resolution of it.
From the earliest workers' compensation statutes, the Legislature has afforded employers an opportunity to shift the financial burdens which they incur under those statutes to third parties whose negligence has caused the injuries in question. To this end the Legislature has enacted a series of subrogation statutes which give the employer the right to recover damages (measured by his outlay of workers' compensation benefits) against third parties who are strangers to the employment relation. fn. 6 Thus an employer whose worker has been injured in the course of his employment by the negligence of a third party may recover from that party the amount paid to the worker in workers' compensation benefits. (§§ 3852; 3854.) Moreover, if the worker exercises his own right to sue the negligent third party, an employer stands entitled to claim from any actual recovery the repayment of the amount of the workers' compensation benefits already paid. (§ 3856.) The question we must decide is whether this statute as now framed affects the courts' historical equity practice of apportioning attorneys' fees among those who are the beneficiaries of funds created by the activities of similarly situated litigants. (Dawson, Lawyers and Involuntary Clients: Attorney Fees from Funds (1974) 87 Harv.L.Rev. 1597.)
[1] Although American courts, in contrast to those of England, have never awarded counsels' fees as a routine component of costs, fn. 7 at least one exception to this rule has become as well established as the rule itself: that one who expends attorneys' fees in winning a suit which creates a fund from which others derive benefits, may require those passive beneficiaries to bear a fair share of the litigation costs. fn. 8 Articulating the policies underlying this rule and its exception, a prominent scholar of the problems of unjust enrichment has noted that [15 Cal.3d 168] the denial of an attorney's fee to a prevailing litigant "is a partial denial of justice." (Dawson, Lawyers and Involuntary Clients: Attorney Fees from Funds (1974) 87 Harv.L.Rev. 1597.)
While American courts have entertained serious doubts as to the wisdom of adopting the English rule in its entirety, "it seems clear that no policy is undermined by allowing recovery [of attorneys' fees] where the claim for reimbursement can be deflected toward a stranger -- where a litigant, suing on a cause of action of his own, has succeeded and it then appears that his success has ensured gains of nonparty strangers. He will be denied recovery from his opponent of his out-of-pocket loss in counsel fees, even though it was his opponent's resistance that caused this loss, mainly because of the deterrent effect on litigation generally if all of its real costs were regularly shifted to losers. But such reasoning is entirely irrelevant to a claim against a complete outsider, to recapture some part of the windfall to him." (Dawson, supra, pp. 1600-1601.)
California courts have long applied this principle of apportionment. fn. 9 In Estate of Stauffer (1959) 53 Cal.2d 124 [346 P.2d 748], one of the many cases exemplifying its use, we summarized some of the considerations behind the principle: "The bases of the equitable rule which permits surcharging a common fund with the expenses of its protection or recovery, including counsel fees, appear to be these: fairness to the successful litigant, who might otherwise receive no benefits because his recovery might be consumed by the expenses; correlative prevention of an unfair advantage to the others who are entitled to share in the fund and who should bear their share of the burden of its recovery; encouragement of the attorney for the successful litigant, who will be more willing to undertake and diligently prosecute proper litigation for the protection or recovery of the fund if he is assured that he will be promptly and directly compensated should his efforts be successful." (53 Cal.2d at p. 132.)
The instant case therefore might well constitute an appropriate situation for the application of the rule of apportionment, even without reference to the statute. An active litigant has, by bringing and winning this lawsuit, created a fund upon which a nonparticipant in the litigation can draw in order to relieve himself of a legal obligation he would otherwise bear; fn. 10 the passive beneficiary thus necessarily benefits from [15 Cal.3d 169] plaintiff's efforts in bringing suit. The employer has contributed neither time, effort, nor money to the now-successful action; he thus seeks to enjoy the benefits of the suit without contributing to its costs. Furthermore, we point out below that the Legislature has clearly referred to this general equitable precept in the statute before us.
2. [2a] The Legislature incorporated into section 3856 the principle of apportionment of attorney's fees.
All parties agree that the predecessor to the present statute required the courts to apportion attorney's fees between the worker (the active litigant) and the employer (the passive beneficiary of his action). This predecessor statute read, in relevant part: "where the employer has failed to join in said action [against the negligent third party] and to be represented therein by his own attorney, or where the employer has not made arrangements with the employee's attorney to represent him in said action, the court shall fix a reasonable attorney's fee, which shall be fixed as a share of the amount actually received by the employer, to be paid to the employee's attorney on account of the service rendered by him in effecting recovery for the benefit of the employer, which said fee shall be deducted from any amounts due to the employer." (Stats. 1949, ch. 120, § 2, pp. 355-356; italics added.)
The statute left unclear, however, the priority rights as between the worker's attorney and the employer in case the recovery should not suffice both to compensate the attorney and to recompense the employer for his workers' compensation outlay. To remedy this obscurity the Legislature enacted the current statute, which, with an evident eye to the problem of conflicting priorities, specifies that "the court shall first order paid from any judgment" the attorney's fee. The statute then goes on to repeat, in substantially similar terms, the language emphasized in the 1949 statute: the court is to order the payment of "a reasonable attorney's fee which shall be based solely upon the services rendered by the employee's attorney in effecting recovery both for the benefit of the employee and the employer." (§ 3856, subd. (b); italics added.)
The Legislature thus incorporated into its statute the equitable doctrine described above; it required a passive beneficiary of a recovery [15 Cal.3d 170] to contribute to the expenses of litigation in creating that fund in proportion to his benefit therefrom. Using much of the same language as the 1949 statute, the Legislature then refined and extended its intention that the employer contribute his reasonable share toward the attorney's fee of the worker whose efforts benefit the employer. In the present statute the Legislature continues its mandate to the courts to apportion reasonable attorneys' fees on the basis of benefit to the respective parties, while assuring the worker that he can obtain an attorney by guaranteeing that attorney priority in the event that the judgment recovered should not suffice both to recompense him and to satisfy the employer's claim.
The statute as now framed commands the court to establish a "reasonable attorney's fee" taking into account "the services rendered both for the benefit of the employee and the employer." Such language, far from forbidding the application of the equitable principle of reasonable apportionment, requires it. (Cf. Witt v. Jackson (1961) 57 Cal.2d 57, 72 [17 Cal.Rptr. 369, 366 P.2d 641].) Both the directive to assess a reasonable fee and the mandate to consider the benefit to both active and passive beneficiaries of the recovery call for apportionment. Moreover, this consideration of the language of the statute finds support in the general canons of construction applicable to workers' compensation legislation.
The Legislature set forth the governing principle of statutory construction in section 3202, which instructs the courts to construe the entire Workers' Compensation Act "with the purpose of extending their benefits for the protection of persons injured in the course of their employment." This clause requires the courts to view the legislation from the standpoint of the injured worker, with the objective of securing for him the maximum benefits to which he is entitled.
Thus, in a case in which the worker might well stand entitled to contribution toward his attorney's fee absent any statutory provision, this court cannot interpret a statute which on its face calls for the weighing of benefits and burdens, as barring apportionment of fees. Such an interpretation would violate the legislative intent that we liberally construe workers' compensation statutes to the worker's benefit.
Indeed, to construe the statute as forbidding apportionment of fees would raise questions of conflict with the policy announced in section 3751, which makes it a misdemeanor for an employer to require from a worker any contribution "either directly or indirectly" to cover the cost [15 Cal.3d 171] of compensation benefits. One of the costs of compensation benefits is the cost of recovering judgments against third parties whose negligence necessitated the payment of those compensation benefits. To construe section 3856 as a legislative demand that the courts assist in precisely such an enforced contribution is therefore to negate the legislative intent underlying section 3751.
By incorporating into the words of the statute the precepts of equity requiring a passive beneficiary to recompense his actively litigating benefactor, the Legislature has directed our courts to apportion fees in relation to benefits; that the Legislature fully intended this result is a conclusion which emerges from the history of the statute in question.
3. The history of the statutes confirms the intent of the Legislature to require the apportionment of attorneys' fees.
Until 1947 neither the Legislature nor the courts had considered the question of the apportionment of fees between the worker and his employer who share in a fund created by a suit against a third party; when the issue did arise, however, the Legislature manifested its clear intention that courts should apportion fees in such cases.
Construing the 1939 version of the statute in question, we faced for the first time in Dodds v. Stellar (1947) 30 Cal.2d 496 [183 P.2d 658], the question of the application of equitable principles to the provisions for attorneys' fees. In that case this court considered a request to apportion attorneys' fees between the active litigant and the passive beneficiary of the action. Writing over the dissent of Justices Carter and Schauer, we ruled that the concept of apportionment had no place in the worker's compensation statute. The Legislature, however, promptly indicated otherwise at its next session, specifically requiring the apportionment of attorneys' fees in cases which went to judgment. (Stats. 1949, ch. 120, § 2, pp. 355-356.)
Moreover, the court in Dodds in effect instructed the Legislature to draft a statute like the present one if it wished to provide for equitable apportionment. Dodds held that the statute as then written expressed the legislative intent not to apportion because it required the trial court first to satisfy the employer's claims and only thereafter to take care of the worker and his attorney: "In view of these express provisions ... emphasizing that ... the statutory recoupment right in favor of the employer or its insurance carrier has first consideration, there is no basis [15 Cal.3d 172] for ... apportioning litigation expenses between the parties benefiting from the recovery." (Dodds v. Stellar, supra, 30 Cal.2d 496, 505; (italics added.) Following the suggestions implicit in the passage just quoted, the Legislature, in providing first for the worker's attorney's fee, has written the statute precisely in the manner the Dodds court indicated would express a legislative intent to enact apportionment; we must give effect to this clear expression of the legislative will. Moreover, events subsequent to Dodds make clear the steadfastness of the Legislature's intent to apportion.
Five years after Dodds litigants asked us to apply the doctrine of apportionment to the analogous situation of out-of-court settlements. In R. E. Spriggs, Inc. v. Industrial Acc. Com. (1954) 42 Cal.2d 785 [269 P.2d 876], this court held that the Legislature's provision for apportionment in cases in which judgment was pronounced did not warrant the application of that principle to cases settled before judgment. Once more the Legislature promptly enacted legislation to the contrary; it expressed its preference for the views of Justice Carter, who again in dissent had urged the application of the traditional equitable doctrines to cases in which settlements had been reached. (Stats. 1957, ch. 615, § 1, p. 1825.)
In 1959 the Legislature recodified the statutes and provided for the priority of attorneys' fees in cases in which the recovery did not satisfy both the claim for a reasonable attorney's fee and the recoupment of an employer's workers' compensation payments; the present litigation arises from this recodification. Defendant argues that because the new statute compressed and reworded the former enactment, which had clearly provided for apportionment, we should assume that the Legislature meant to obliterate the procedure that it had twice invoked in the previous decade. A reading both of the legislative history and of the words of the statute, however, points to the contrary.
First, as we have shown above, the Legislature used significant portions of the former statute verbatim, thus inviting reference to the former interpretation. Second, as we have shown, in rewriting the statute the Legislature carefully observed the ruling in Dodds: that by placing the attorney's fee first in the claims against the worker's recovery it could effect equitable apportionment of fees. (See Dodds v. Stellar, supra, 30 Cal.2d 496, 504-505.) Third, other purposes, unrelated to the apportionment of fees, explain the other changes that the Legislature did make. The 1959 legislation evidently had two such goals. It sought primarily to effect an equitable adjustment in the amount with which the [15 Cal.3d 173] employer would be credited against future benefit awards. fn. 11 As we have explained, it secondarily intended to increase the incentive for attorneys to press workers' cases by assuring them that the employer's recoupment would not deny them recompense for their efforts in litigating the case. Thus we find both an entirely consistent alternative explanation for the legislative changes and an indication in the retained wording that the courts were still to apply the principle of apportionment.
This interpretation obtains additional support from the circumstance that leading legislative commentators writing contemporaneously with the passage of the legislation gave no hint that the Legislature repealed the mandate to apportion attorneys' fees. Both the annual summary of legislation prepared by the Committee on Continuing Education of the Bar, fn. 12 and Witkin's Summary of California Law fn. 13 treated the amendments as essentially technical, a conclusion entirely in accord with the routine and uncontested passage of the bills by the Legislature. fn. 14 Such contemporaneous construction of course may shed important light on legislative intent. (First Nat. Bank v. Kinslow (1937) 8 Cal.2d 339, 346 [65 P.2d 796].)
Turning to the arguments of defendant, we shall show they do not suffice to establish that apportionment of attorneys' fees conflicts with equitable principles or with their legislative incorporation in section 3856.
4. Neither the contention that apportionment of attorneys' fees constitutes "double recovery" nor the argument based upon legislative inaction establishes that the Legislature did not intend to require such apportionment.
We shall first answer the contention of the employer and his amicus that apportionment of attorneys' fees constitutes "double recovery" for the employee. The employer apparently argues that such apportionment conflicts with the policy against recovery from multiple sources for the [15 Cal.3d 174] same damages, fn. 15 citing for that proposition a federal case construing a different statute. fn. 16 While the exact meaning which the employer assigns to the term "double recovery" does not emerge from the briefs, the two possible constructions of this argument cannot stand because they either dissolve into fiction or ignore a central aspect of the situation -- the contingency of recovery.
On the one hand, the employer apparently suggests that if one makes any reduction in the employer's recoupment of previously paid benefits, the claimant receives to that extent overlapping awards -- one from the tort claim and the other from workers' compensation. Yet this argument ignores the central fact of this case: the claimant owes legal fees, the very fees to be apportioned. Thus in the present case the judgment for some $90,000 was subject to claims not only for reimbursement of compensation benefits of some $13,000 but also to the legal fees which plaintiff urges that his employer share. The employer seems to conjure up a situation in which an attorney's fee exists exclusively for the purpose of apportionment but does not affect the worker's recovery. This aspect of the problem of "double recovery" thus dissolves upon examination into a fiction.
The alternative reading of the "double recovery" argument appears to rest on the assertion that the contribution toward attorneys' fees serves to increase the total workers' compensation benefits received by the worker. This contention proceeds, however, from a basic misconception.
To be sure, our interpretation will increase the plaintiff's present tort recovery and decrease the employer's recoupment of past benefits, but to characterize this result as an increase in compensation benefits is to ignore reality. The fact that the employer must pay some portion of his recoupment to the worker as a share of the attorney's fee does not make this payment additional workers' compensation: the employer's payment does not fulfill his obligation under the compensation statute; it recompenses the attorney for his services. [15 Cal.3d 175]
The employer's second contention, that legislative inaction in face of court decisions allegedly invalidating apportionment of attorneys' fees demonstrates legislative approval of these rulings fails on two counts. First, we note that this court has never passed on the question of apportionment under the current statute; the Legislature might reasonably conclude that it should await our definitive interpretation of the statute. Second, we need only mention the general principle of statutory construction that legislative inaction is indeed a slim reed upon which to lean. (E.g., United States v. Price (1960) 361 U.S. 304, 310-311 [4 L.Ed.2d 334, 338-340, 80 S.Ct. 326].)
If, then neither "double recovery" nor legislative inaction presents obstacles to our resolution of the present dispute, we must proceed to frame instructions for the trial court on remand.
5. The trial court on remand should apportion attorney's fees on equitable principles.
On remand (as upon proper motion after judgment in future cases), the court should proceed first to calculate a reasonable attorney's fee, a fee which reflects the total services rendered to both beneficiaries of the recovery. [3] Having fixed that fee, fn. 17 the court must then make a reasonable apportionment of it between the parties benefitted by the recovery. fn. 18 Such an apportionment will, of course, often involve only a relatively simple proportional calculation, but such simplicity will not be the invariable rule. The court should consider, for instance, whether the worker's attorney's efforts in disproving a defense under the rule announced in Witt v. Jackson (1961) 57 Cal.2d 57 [17 Cal.Rptr. 369, 366 P.2d 641], have accounted for a disproportionate amount of the litigation. Other factors may suggest themselves to the sound discretion [15 Cal.3d 176] of the courts, acting always under the guidance of the traditional equitable principles whose application we have examined above. fn. 19
[2b] From the foregoing it appears that Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728 [102 Cal.Rptr. 74], and Moreno v. Venturini (1969) 1 Cal.App.3d 286 [81 Cal.Rptr. 551], which reached constructions of an analogous statute contrary to that here announced, are disapproved. fn. 20
In conclusion, we point out that the employer asks us to abnegate the application of the equitable principle of apportionment which this court has recognized for many years; he asks us to assume that the Legislature has forbidden us to apply this principle in spite of the Legislature's clear expressions to the contrary. He asks us to construe a statute so as to require the injured worker to pay the lawyer's entire charge for a recovery, part of which will benefit only the employer. Yet if the employer receives his fair share of the recovery, he must bear his fair share of the cost of the recovery.
The order of the trial court is reversed and the cause is remanded for a hearing on the setting and allocation of attorneys' fees in a manner consistent with the principles announced in this opinion. [15 Cal.3d 177]
Wright, C. J., Mosk, J., Sullivan, J., and Burke, J., concurred.
The majority, having framed the problem before us as one of statutory construction, decides that Labor Code section 3856, subdivision (b), fn. 1 requires an employer to share the costs incurred in his employee's action against a third party tortfeasor. I cannot agree.
In interpreting a statute we must begin with the guidance provided by the Legislature. The task of the courts "is simply to ascertain and declare what is in terms or in substance contained [in the statute], not to insert what has been omitted, or to omit what has been inserted; ..." (Code Civ. Proc., § 1858.) While this is the short answer to the instant problem, more extended discussion is in order.
Section 3856 of the workers' compensation law has a long history in this state. This history aids in ascertaining the statute's proper construction. (In re Davis (1936) 18 Cal.App.2d 291, 295 [63 P.2d 853].) In Dodds v. Stellar (1947) 30 Cal.2d 496 [183 P.2d 658], this court was confronted with the contention that, despite the absence of express statutory language so providing, the employee should be allowed attorney's fees for that portion of the judgment going to satisfy the employer's lien. Section 3856 then read in its entirety: "The court shall first apply, out of the entire amount of any judgment for any damage recovered by the employee a sufficient amount to reimburse the employer for the amount of his expenditures for compensation. If the employer has not joined in the action or has not brought action, or if his action has not been consolidated, the court, on his application, shall allow, as a first lien against the entire amount of any judgment for any damages recovered by the employee, the amount of the employer's expenditures for compensation."
Rejecting plaintiff's equitable common fund argument, this court stated in Dodds: "If such analogy were followed so as to impress a proportionate liability for attorney fees upon the employer's or insurance carrier's lien for 'expenditures for compensation,' its full reimbursement as accorded by statute would be to that extent nullified." (Id., at p. 505.) [15 Cal.3d 178] We continued: "If there is to be any change in these statutory provisions defining the rights of the parties, the suggestion for such change should be addressed to the Legislature rather than to the courts." (Id., at p. 506.)
Two years later the Legislature amended section 3856 to provide for the sharing of attorney's fees. (Stats. 1949, ch. 120, § 2, pp. 355-356.) But contrary to what the majority would infer, this legislative action cannot be read as an endorsement of wholesale application of the "concept of apportionment" to the workers' compensation laws. Moreover, to say that the Legislature acted to provide the relief plaintiff sought in Dodds is far from saying that Dodds was wrongly decided. Indeed we indicated as much in R. E. Spriggs, Inc. v. Industrial Acc. Com. (1954) 42 Cal.2d 785 [269 P.2d 876], in which we were asked to determine whether the analogous section relating to settlements (§ 3860) provided for apportioned fees. It was contended that failure to modify section 3860 to provide for apportioned fees at the same time section 3856 was so amended was purely a legislative error. However, we concluded: "The amendments show no legislative intention to alter the reimbursement provisions relating to settlements, and there is nothing in them to warrant a conclusion that a failure to amend the applicable sections was due to a legislative oversight." (Id., at p. 789.) We again proceeded to refer pleas for change to the representative branch of government -- the Legislature.
In 1957, section 3860 was amended to provide for shared attorney's fees. (Stats. 1957, ch. 615, § 1, p. 1825.) However, this provision was short-lived as in 1959 the Legislature modified and reorganized, inter alia, sections 3856 and 3860, deleting from both the language requiring apportionment of attorney's fees. (Stats. 1959, ch. 1255, § 2, p. 3387.) Not surprisingly, the deletion of these provisions was regarded as signifying a change in the law. (See Carden v. Otto (1974) 37 Cal.App.3d 887, 893 [112 Cal.Rptr. 749]; Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728, 736 [102 Cal.Rptr. 74]; Moreno v. Venturini (1969) 1 Cal.App.3d 286, 290 [81 Cal.Rptr. 551]; Johnson v. L.D.S. Trucking Co. (1967) 254 Cal.App.2d 496, 499 [62 Cal.Rptr. 501]; Branscum v. State Comp. Ins. Fund (1965) 232 Cal.App.2d 352, 356 [42 Cal.Rptr. 682].) Ordinarily: "By deleting an express provision from an existing statute, a presumption arises that the Legislature intended a substantial change in the law." (Wallace v. Department of Motor Vehicles (1970) 12 Cal.App.3d 356, 361 [90 Cal.Rptr. 657]; Clements v. T.R. Bechtel (1954) 43 Cal.2d 227, 231 [273 P.2d 5].) Today the majority, unimpressed and unabashed, reads these deleted provisions back into the law. [15 Cal.3d 179]
The majority correctly observes that "the Legislature used significant portions of the former statute verbatim, thus inviting reference to the former interpretation" (ante, p. 172). But the majority fails to draw the correct inference from this fact. The former interpretation to which reference is invited is the interpretation given the statute in the absence of an express provision regarding apportionment of fees, i.e., the interpretation of this court in Dodds and R. E. Spriggs, Inc.
The only meaning the majority ascribes to the Legislature's 1959 recodification of the statutes is the establishment of the priority of attorney's fees, and, in sections 3858 and 3861, the provision for offsetting future compensation awards by the amount which the worker recovers from a third-party. The alteration of the priority of payments does not explain deletion of the fee apportionment language. Nor do the reasons for changing sections 3858 and 3861 explain the modification of sections 3856 and 3860.
The majority opinion relies on the failure of legislative commentators to discuss the deletion of the apportionment provisions as supporting the proposition that the Legislature intended to continue the mandate for apportionment of attorney's fees. (Ante, p. 172.) One wonders why, if legislative inaction in the face of wayward statutory interpretation is "a slim reed upon which to lean" (ante, p. 175), the absence of authoritative discussion of new legislation should support any more weight.
Moreover, consideration of the "contemporaneous construction" of section 3856, subdivision (b), as that term is used in the case cited by the majority, First Nat. Bank v. Kinslow (1937) 8 Cal.2d 339 [65 P.2d 796], does not support the majority's conclusion. In Kinslow the term "contemporaneous construction" was used to describe the interpretation of a statute accepted by practitioners over a period of time. (Id., at p. 346.) Applying that description here, the "contemporaneous construction" of section 3856, subdivision (b), has been that, absent express provision therefor, the section does not permit apportionment of fees.
Uncertain of its path but sure of its goal, the majority asserts: "The instant case ... might well constitute an appropriate situation for the application of the rule of apportionment, even without reference to the statute." (Ante, p. 168). The majority then proceeds to argue that the Legislature actually incorporated this principle into section 3856, subdivision (b). This conclusion is reached by stressing certain language of the section -- "reasonable attorney's fee," and "the services rendered both for [15 Cal.3d 180] the benefit of the employee and the employer" -- and the rule of liberal construction of the workers' compensation laws (§ 3202).
The provision for assessment of a reasonable fee is only to be expected. Presumably the Legislature decided against establishing a fee schedule in the workers' compensation sphere. Having done so, what standard other than "reasonable" was to be established? And the fee, to be reasonable, must take into account the recovery awarded in the action, i.e., the benefit to both employer and employee. (See, e.g., In re Osofsky (S.D.N.Y. 1931) 50 F.2d 925, 927.) fn. 2 The internal logic of this language precludes the innovative reading given it by the majority.
Finally, the statutory rule of liberal construction, relied on by the majority, does not invest this court with power to administer workers' compensation as we see fit. (Ruiz v. Industrial Acc. Com. (1955) 45 Cal.2d 409, 413 [289 P.2d 229].) Once we refused, as we should now refuse, to use this rule to escape the clear effect of statutory language, even if the Legislature might not have fully appreciated the significance of its nomenclature. (Earl Ranch, Ltd. v. Industrial Acc. Com. (1935) 4 Cal.2d 767, 769 [53 P.2d 154].) "California has authorized a liberal construction of its law, to be sure; but how far in that direction 'liberality' may extend would seem to depend upon two considerations: (1) the latitude permitted by the wording of the statute which is to be construed; and (2) the latitude permitted, within such limitations, by the views of the reviewing tribunal. The first is a limitation of an objective character; the second is a subjective or personal limitation. When the latter ignores the former, question may well arise as to where liberal interpretation ends and nullification begins." (2 Hanna, Cal. Law of Employee Injuries and Workmen's Compensation (2d ed. 1975) p. 8-15.) We must eschew the temptation to become crusaders. (Id., at pp. 8-11 to 8-12.)
The majority's emphasis throughout is on the applicability of the "common fund" concept to the facts at hand. Accordingly, I turn to this argument.
"The announced purpose of the 'common fund' device for awarding fees is to reach and prevent a peculiar form of unjust enrichment ...." (Dawson, Lawyers and Involuntary Clients: Attorney Fees From Funds (1974) 87 Harv.L.Rev. 1597, 1625-1626.) One may question wherein the [15 Cal.3d 181] employer's recovery prior to this decision was unjust, inasmuch as he received back only what he had paid -- no more and, until today, no less. While it is true that California courts have long applied this principle of apportionment, it is equally true that they have done so only in very limited circumstances, e.g., trust or probate matters. fn. 3
The bases of the equitable rule -- "fairness to the successful litigant who might otherwise receive no benefit ...; correlative prevention of an unfair advantage to the others ...; encouragement of the attorney for the successful litigant ..." fn. 4 -- are not present in the peculiar setting of workers' compensation. An employer, unlike the ordinary claimant to a common fund, is not interested in getting a share of the fund, but in getting back what he has paid owing to the fault of a third party. The majority chooses to attribute no significance to the Legislature's characterization of the employer as a "lien creditor." I submit that a more natural construction leads to the conclusion that the employer was meant to be regarded as a true lien creditor at such time as the injured employee recovers judgment from a third-party tortfeasor. When an ordinary plaintiff recovers in tort, he is allowed no offset of his attorney's fees against his creditors, even though the suit indirectly created the fund for repayment. It is to this analogy that the characterization of the employer as a "lien creditor" should lead.
The ultimate strength of the majority position is neither law nor logic, but rather its implicit appeal to some ill-defined sense of fairness. A closer analysis of the result, however, dispels this deceptive aura. Consider a situation in which the injured employee is awarded a $30,000 judgment against a third-party tortfeasor. Reasonable attorney's fees (and costs) amount to $10,000, and $15,000 is repayable to the employer as the amount paid in workers' compensation benefits. If attorney's fees are apportioned, the employee will receive $10,000 of the judgment, leaving $10,000 for the employer. If fees are not apportioned the employer will receive his full $15,000, leaving only $5,000 for the employee. But it must be recalled that the employee has already received $15,000 in compensation benefits, giving him a total award of $20,000 -- just what he would have received if there had been no worker's compensation benefits. Apportionment gives him a total of $25,000 while the employer is out of pocket $5,000. (See Lasky, Subrogation Under the California Workmen's Compensation Laws -- Rules, Remedies and Side [15 Cal.3d 182] Effects (1972) 12 Santa Clara Law. 1, 19.) Concepts of equity cannot be viewed as sanctioning such a result.
The primary purpose of the workers' compensation law is indisputable. It is "to insure to the injured employee and those dependent upon him adequate means of subsistence while he is unable to work and also to bring about his recovery as soon as possible in order that he may be returned to the ranks of productive labor." (Union Iron Wks. v. Industrial Acc. Com. (1922) 190 Cal. 33, 39 [210 P. 410].) The holding of the majority -- by admission -- does nothing to further this purpose. "To be sure, [the majority's] interpretation will increase the plaintiff's present tort recovery and decrease the employer's recoupment of past benefits, but to characterize this result as an increase in compensation benefits is to ignore reality." (Ante, p. 174.) Unfortunately, the holding is not just neutral with respect to the concerns of workers' compensation. "In the legislative policy dealing with workmen's compensation, concern for the cost of the system has always been an important element." (Lasky, supra, 12 Santa Clara Law. at p. 2.) This concern is expressed in the subrogation provisions of the act. Whenever possible, the employer is to be made whole. By so providing the Legislature has clearly struck a balance between the protection of the injured employee and the burden on the employer and ultimately the consuming public. This court should refrain from strained interpretation of legislative intent upsetting this balance. "A decision considered solely in terms of eliminating 'the compensation carrier's free ride' ... can have many side-effects which go far beyond the range of such a simplistic analysis." (Id., at p. 35.)
There are undoubtedly those who would ridicule a decision which, following Dodds and R. E. Spriggs, Inc., refers the employee to the Legislature for the relief he seeks. But it is not the province of this court to anticipate legislative direction. To anticipate the Legislature here, correctly or not, is necessarily to usurp the legislative function.
McComb, J., concurred.
FN 1. Labor Code, section 3200 et seq. Unless otherwise noted, all subsequent code citations will refer to the Labor Code.
FN 2. The section, subdivision (b) of which has given rise to this suit, reads in its entirety:
"In the event of suit against such third party:
"(a) If the action is prosecuted by the employer alone, the court shall first order paid from any judgment for damages recovered the reasonable litigation expenses incurred in preparation and prosecution of such action, together with a reasonable attorney's fee which shall be based solely upon the services rendered by the employer's attorney in effecting recovery both for the benefit of the employer and the employee. After the payment of such expenses and attorney's fees, the court shall apply out of the amount of such judgment an amount sufficient to reimburse the employer for the amount of his expenditure for compensation together with any amounts to which he may be entitled as special damages under section 3852 and shall order any excess paid to the injured employee or other person entitled thereto.
"(b) If the action is prosecuted by the employee alone, the court shall first order paid from any judgment for damages recovered the reasonable litigation expenses incurred in preparation and prosecution of such action, together with a reasonable attorney's fee which shall be based solely upon the services rendered by the employee's attorney in effecting recovery both for the benefit of the employee and the employer. After the payment of such expenses and attorney's fee the court shall, on application of the employer, allow as a first lien against the amount of such judgment for damages, the amount of the employer's expenditure for compensation together with any amounts to which he may be entitled as special damages under Section 3852.
"(c) If the action is prosecuted both by the employee and the employer, in a single action or in consolidated actions, and they are represented by the same agreed attorney or by separate attorneys, the court shall first order paid from any judgment for damages recovered, the reasonable litigation expenses incurred in preparation and prosecution of such action or actions, together with reasonable attorneys' fees based solely on the services rendered for the benefit of both parties where they are represented by the same attorney, and where they are represented by separate attorneys, based solely upon the service rendered in each instance by the attorney in effecting recovery for the benefit of the party represented. After the payment of such expenses and attorneys' fees the court shall apply out of the amount of such judgment for damages an amount sufficient to reimburse the employer for the amount of his expenditures for compensation together with any other amounts to which he may be entitled as special damages under Section 3852.
"(d) The amount of reasonable litigation expenses and the amount of attorneys' fees under subdivisions (a), (b) and (c) of this section shall be fixed by the court. Where the employer and employee are represented by separate attorneys they may propose to the court, for its consideration and determination, the amount and division of such expenses and fees."
FN 3. Section 3856 refers to "reasonable litigation expenses" as an additional element to be deducted from the recovery. In briefs and argument parties have stressed the issue of attorneys' fees, probably because of their usually more substantial size, but no good reason appears for distinguishing the other costs of litigation; by reference to attorney's fees, therefore, we shall henceforth in this opinion include as well the other litigation expenses mentioned in section 3856.
FN 4. The circumstance that the same insurer had written both the employer's workers' compensation and the state's liability policies simplified the bookkeeping but in no way changed the legal significance of the case. Normally, of course, the liability insurer would issue one check to the subrogated workers' compensation carrier in recognition of its lien, and another to the worker or his attorney. Here that process was merely short-circuited because the state's liability insurer, rather than writing a check to itself as the employer's workers' compensation carrier, simply deducted the same amount from the check it issued.
FN 5. Insurance Company of North America, which had intervened as the employer's workers' compensation carrier seeking to recoup from the judgment any previously paid workers' compensation benefits, is the party which would be directly affected by any order of apportionment. For the sake of convenience and clarity we shall henceforth include the subrogated workers' compensation carrier in any reference to the employer.
FN 6. Statutes 1917, chapter 586, section 26, page 854; 1919, chapter 471, section 8, page 920; 1927, chapter 702, section 1, page 1213; 1931, chapter 1119, section 1, page 2370; 1937, chapter 90, pages 273-275; 1939, chapter 902, section 2, page 2519; 1970, chapter 242, section 2, page 502.
FN 7. Goodhart, Costs (1929) 38 Yale L.J. 849.
FN 8. Sprague v. Ticonic Bank (1939) 307 U.S. 161 [83 L.Ed. 1184, 59 S.Ct. 777]; Central Railroad & Banking Co. v. Pettus (1885) 113 U.S. 116 [28 L.Ed. 915, 5 S.Ct. 387]; Trustees v. Greenough (1881) 105 U.S. 527 [26 L.Ed. 1157]; Estate of Reade (1948) 31 Cal.2d 669, 671-672 [191 P.2d 745]; Winslow v. Harold G. Ferguson Corp. (1944) 25 Cal.2d 274, 277 [153 P.2d 714]; Farmers etc. Nat. Bank v. Peterson (1936) 5 Cal.2d 601, 607 [55 P.2d 867]; see Estate of Stauffer (1959) 53 Cal.2d 124, 132 [346 P.2d 748]; Gabrielson v. City of Long Beach (1961) 56 Cal.2d 224, 229 [14 Cal.Rptr. 651, 363 P.2d 883]; Estate of Korthe (1970) 9 Cal.App.3d 572, 575 [88 Cal.Rptr. 465].
FN 9. Representative California cases appear in footnote 8, ante.
FN 10. We would dispel in passing a confusion engendered by the defendant's characterization of himself as a mere lien creditor. While the statute uses this term to describe the employer's rights in any actual recovery by the worker, the words "lien creditor" are misleading, for unlike the usual lien creditor; the employer's rights here depend entirely upon the worker's success in his third-party suit. Should he lose, the "lien" evaporates; this contingency renders this case virtually identical to the usual "common fund" situation.
FN 11. The system of crediting, or offsetting future compensation awards by the amount which the worker actually recovers from a third party, is set out in sections 3858 and 3861. See footnote 18, infra.
FN 12. 34 State Bar J. 583, 708-709 (1959).
FN 13. 2 Witkin, Summary of California Law (7th ed. 1965 Supp.) section 16, page 525.
FN 14. The Journal of the Assembly, Regular Session 1959 notes that the bill was passed as part of the "Consent Calendar," a category for uncontroversial bills which have no opposition. (Handbook, Cal. Legislature (1959) pp. 416-417.)
FN 15. In support of his argument, employer's amicus cites Witt v. Jackson, supra, 57 Cal.2d 57; Corley v. Workmen's Comp. Appeals Bd. (1971) 22 Cal.App.3d 447 [99 Cal.Rptr. 242] (overruled in Roe v. Workmen's Comp. Appeals Bd. (1974) 12 Cal.3d 884, 892 [117 Cal.Rptr. 683, 528 P.2d 771]); and Sanstad v. Industrial Acc. Com. (1959) 171 Cal.App.2d 32 [339 P.2d 943]. Each of these cases concerns the potential double recovery in the event that the benefits themselves were not recouped; none deals with attorneys' fees as such.
FN 16. Petition of Sheffield Tankers Corporation (N.D.Cal. 1963) 222 F.Supp. 441, construing 33 United States Code section 933 (Longshoremen's & Harbor Worker's Compensation Act).
FN 17. If a case should arise in which the amount of recovery does not suffice both to compensate the attorney and to satisfy the employer's lien, the statute provides that the attorney's fee has prior claim on the fund. (§ 3856.)
FN 18. The consequences of the calculation of sums to be deducted from the judgment before payment to the employee becomes apparent in the related area of crediting sums recovered by the employee against present and future compensation benefits otherwise payable by the employer or his insurer. (§§ 3858 and 3861.) For while section 3856 affirms the court's power to apportion attorneys' fees equitably, it simultaneously increases pro tanto the employer's credit against present and future benefit payments; the worker receives the credit benefits only of those fees he actually pays. Thus whatever the employer foregoes in instant recapture of benefits he gains in credit against continuing payments otherwise due or against permanent disability awards that may be made in the future.
FN 19. It follows from the foregoing that the principle of equitable allocation of fees does not confine itself to the situation to which section 3856, subdivision (b), addresses itself; in like manner it will apply to the remainder of the subdivisions of section 3856. Thus when the employer's attorney bears the entire litigative burden, the judge on proper motion will make the same reasonable allocation of fee and litigation costs between the employer and the worker, taking into account the service performed for the benefit of each. (§ 3856, subd. (a).) And likewise when the employer and worker arrange to receive representation from the same attorney: the same adjustment of fee in terms of the service rendered to the two clients and apportionment of this fee between those benefitted follows from the statute. (§ 3856, subd. (c).)
Only when each party separately employs his own attorney does the statute direct the court to relinquish this duty of equitable apportionment, a legislative mandate fully in keeping with the development of a case law in this area. (§ 3856, subd. (c); see Estate of Korthe (1970) 9 Cal.App.3d 572, 577 [88 Cal.Rptr. 465]; Dawson, Lawyers and Involuntary Clients: Attorney Fees From Funds (1974) 87 Harv.L.Rev. 1597, 1649-1650.)
FN 20. Fuchs, Moreno, and Johnson v. L.D.S. Trucking Co. (1967) 254 Cal.App.2d 496 [62 Cal.Rptr. 501], which intimated a rule contrary to that here announced dealt with attorneys' fees in cases involving settlements rather than judgments and thus fell under section 3860. Because the Legislature has evinced its intention that settlement and judgment situations be treated alike (see R. E. Spriggs, Inc. v. Industrial Acc. Com., supra, 42 Cal.2d 785; Stats. 1957, ch. 615, § 1, p. 1825) and because section 3860, like section 3856, calls on the court or board to look to "the benefit of both the employer and the employee" in apportioning fees, the considerations set forth in this opinion as to section 3856 apply equally to section 3860.
FN 1. Unless otherwise noted, all code sections cited hereinafter are found in the Labor Code.
FN 2. If the employee's attorney succeeds in obtaining a judgment, a portion of which is repayable to the employer, surely a reasonable fee would be based on the total recovery, not just the amount remaining after the employer's portion had been subtracted.
FN 3. See California cases cited by the majority. (Ante, p. 167, fn. 8.)
FN 4. Estate of Stauffer (1959) 53 Cal.2d 124, 132 [346 P.2d 748].)
Wed, 09/10/1975 15 Cal.3d 162 Review - Criminal Appeal Opinion issued
1 THOMAS QUINN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA (Defendant and Respondent)
2 ; INSURANCE COMPANY OF NORTH AMERICA, Claimant and Respondent (; INSURANCE COMPANY OF NORTH AMERICA)
3 THE STATE OF CALIFORNIA (Defendant and Respondent)
Sep 10 1975 Opinion: Reversed
SCOCAL, Quinn v. State of California , 15 Cal.3d 162 available at: (https://scocal.stanford.edu/opinion/quinn-v-state-california-30309) (last visited Sunday January 16, 2022).
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Filters: Author is Gehring, C.A. [edit] [Clear All Filters]
Whitham, T. G., C. A. Gehring, H. M. Bothwell, H. F. Cooper, J. B. Hull, G. J. Allan, K. C. Grady, L. Markovchick, S. M. Shuster, J. Parker, A. E. Cadmus, D. H. Ikeda, and R. K. Bangert. 2017. IN PRESS: Using the Southwest Experimental Garden Array to enhance riparian restoration in response to global change: Identifying and deploying genotypes and populations for current and future environments. . in In Riparian research and management: Past, present, future. . Gen. Tech. Rep. RMRS-GTR-inpress Fort Collins U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station.Fort Collins, CO, USA.
Andrews, L. V., and C. A. Gehring. 2017. Root-associated microbes in pinyon pine: Implications for management. In Symposium Proceedings for Piñon-juniper Habitats: Status and Management for Wildlife. In Symposium Proceedings for Piñon-juniper Habitats: Status and Management for Wildlife USFS.
Jarvis, K. J., G. J. Allan, A. J. Craig, R. K. Beresic-Perrins, G. Wimp, C. A. Gehring, and T. G. Whitham. 2017. Arthropod communities on hybrid and parental cottonwoods are phylogenetically structured by tree type: Implications for conservation of biodiversity in plant hybrid zones. . Ecology and Evolution 7.
Jarvis, K. J., G. J. Allan, A. J. Craig, R. K. Beresic-Perrins, G. Wimp, C. A. Gehring, and T. G. Whitham. 2017. Arthropod communities on hybrid and parental cottonwoods are phylogenetically structured by tree type: Implications for conservation of biodiversity in plant hybrid zones.. Ecology and evolution 7:5909 - 5921.
Gehring, C. A., M. Hayer, L. Flores-Renteria, A. L. Krohn, E. Schwartz, and P. Dijkstra. 2016. Cheatgrass invasion alters the abundance and composition of dark septate fungal communities in sagebrush steppe.. Botany 9:481 - 491.
Whitham, T. G., C. A. Gehring, L. J. Lamit, T. Wojtowicz, L. M. Evans, A. R. Keith, and D. Solance Smith. 2012. Community specificity: life and afterlife effects of genes.. Trends in plant science 17:271 - 81.
Gehring, C. A., R. C. Mueller, and T. G. Whitham. 2006. Environmental and genetic effects on the formation of ectomycorrhizal and arbuscular mycorrhizal associations in cottonwoods.. Oecologia 149:158 - 64.
Whitham, T. G., J. K. Bailey, J. A. Schweitzer, S. M. Shuster, R. K. Bangert, C. J. LeRoy, E. V. Lonsdorf, G. J. Allan, S. P. DiFazio, B. M. Potts, D. G. Fischer, C. A. Gehring, R. L. Lindroth, J. C. Marks, S. C. Hart, G. M. Wimp, and S. C. Wooley. 2006. A framework for community and ecosystem genetics: from genes to ecosystems.. Nature reviews. Genetics 7:510 - 23.
Lamit, L. J., M. A. Bowker, L. M. Holeski, R. R. Næsborg, S. C. Wooley, M. Zinkgraf, R. L. Lindroth, T. G. Whitham, and C. A. Gehring. 2011. Genetically-based trait variation within a foundation tree species influences a dominant bark lichen .. Fungal Ecology 4:103 - 109.
Grady, K. C., T. E. Wood, T. E. Kolb, E. Hersch-Green, S. M. Shuster, C. A. Gehring, S. C. Hart, G. J. Allan, and T. G. Whitham. 2017. Local biotic adaptation of trees and shrubs to plant neighbors. . Okios 126.
Revillini, D., C. A. Gehring, and N. C. Johnson. 2016. The role of locally adapted mycorrhizas and rhizobacteria in plant-soil feedback systems.. Functional Ecology 40:1086–1098.
Hultine, K. R., D. W. Bean, T. L. Dudley, and C. A. Gehring. 2015. Species Introductions and Their Cascading Impacts on Biotic Interactions in desert riparian ecosystems.. Integrative and comparative biology 55:587 - 601.
Lamit, L. J., L. M. Holeski, L. Flores-Renteria, T. G. Whitham, and C. A. Gehring. 2016. Tree genotype influences ectomycorrhizal fungal community structure: Ecological and evolutionary implications. FUNGAL ECOLOGY 24:124 - 134.
Lamit, L. J., L. M. Holeski, L. Flores-Rentería, T. G. Whitham, and C. A. Gehring. 2016. Tree genotype influences ectomycorrhizal fungal community structure: ecological and evolutionary implications. . Fungal Ecology 24.
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It Didn’t Begin With Katrina
We must always remember that New Orleans was suffering from an economic and political disaster long before Hurricane Katrina hit.
By Mary Gail Snyder -
“Welcome to the Third World!” More than one person said this to me when I moved to New Orleans in 2001. Living there, I learned to tell direction, not by north or south, but by upriver or downriver. I learned a new vocabulary of pirogues, po’ boys, second-lining and making groceries. I learned what Mardi Gras was really all about. And I learned something about what it meant to live in one of the poorest cities, in one of the poorest metropolitan areas, in one of the poorest regions of the country.
Hurricane Katrina was not the big storm that New Orleanians had long feared. But it was big enough to breach the levees that were built to withstand most Category 3 storms. When the levees fell, the lake rushed in to fill up the below-sea-level city like a bowl, trapping tens of thousands. Over the next days, television news showed those trapped on their roofs, in the Superdome, in the Convention Center. And for a brief while, we talked about how they were overwhelmingly black and overwhelmingly poor, and how Katrina had made us see the racial and economic divide that had always been there.
Because of Katrina, the nation and the world had a shocking reminder of the vulnerability of the poor. We were reminded that, while a hurricane is natural, the shape and extent of its damage is largely determined by man-made factors. For example, while more than a quarter of New Orleanians did not own a vehicle, the evacuation plan was based on residents having private transportation. Those without were to be helped by those who did (this was termed the “Good Samaritan” plan) or were to seek shelter in the Superdome. What followed was as horrifying as it was predictable. And it had been predicted.
In fact it had happened, in part, before. During Hurricane Betsy in 1965, the predominantly black and working class Lower 9th Ward was catastrophically flooded when the Industrial Canal levee was breached. I heard the story many times: it is commonly believed that the levee was intentionally blown by the Army Corps of Engineers, in order to spare other, whiter neighborhoods. The Corps denies this, but that the story is so believable to everyone in the 9th Ward is significant. The community knows that, in the eyes of those in power, they are expendable.
This time, the destruction wrought by a hurricane was more widely spread. But even as our attention is focused on the immediate demands of relief and recovery, we need to remember that it did not take the hurricane to destroy lives.
Poverty and Inequality in The Big Easy New Orleans had a poverty rate of 28 percent in 2000. About 70,000 people, 14 percent of the city, lived in households with incomes below 50 percent of the poverty line. Two-thirds black, New Orleans was deeply segregated and marked by racial division in its economy and politics. With its economy chronically stagnant and its population shrinking, it was a city short on adequate housing and health care and well-paying jobs. Its education system was so poor that it is estimated that 40 percent of the adult population was functionally illiterate. Before the hurricane, it was already a large-scale humanitarian crisis.
In the end poverty means a lack of resources, and that means vulnerability. The poor, near-poor and sometimes-poor of New Orleans were vulnerable every day. Living on low-lying ground was not the only environmental hazard they faced. Industrial pollutants, high lead levels and toxic waste sites were all concentrated in their neighborhoods. And before they were left behind in the path of the hurricane, they were left behind in educational and economic opportunities. A small everyday disaster, like a medical emergency, can take out a family as surely as a hurricane.
The cruel machinery of poverty and inequality of opportunity that devastated lives across the vast swaths of low-income neighborhoods in New Orleans did not begin with Katrina. It was always there, and it was always causing mass suffering.
Tourists rarely saw this New Orleans. They were warned not to leave the French Quarter: “don’t cross Rampart Street!” Now the dominant voices in the debate on rebuilding are once again dismissing the New Orleans across Rampart Street.
Ethnic Cleansing Some community activists are calling the recovery and redevelopment efforts the “ethnic cleansing” of New Orleans. Is this hyperbole? The Wall Street Journal reported that Baton Rouge Congressman Richard Baker told lobbyists, “We finally cleaned up public housing in New Orleans. We couldn’t do it, but God did.” HUD Secretary Alphonso Jackson openly predicted a smaller, whiter city. And many residents have posted their approval in the online discussion forums of the New Orleans Times-Picayune.
The dramatic inequality in New Orleans that prompted comparisons to the Third World was racial as well as economic. This was more than a legacy of past discrimination; it was also a product of contemporary public policy and private actions. There were “salt and pepper” neighborhoods, but the overall pattern had clear lines, black or white, and discrimination in housing was commonplace. Schools were officially integrated, but in practice public schools were for low-income black families. Whites and middle-class blacks sent their children to private schools. As a result, parishes in the New Orleans area have among the highest proportion of students in private schools in the country. The same pattern held in all areas: private services for those who could pay, underfunded public services for the rest. It was no surprise that Charity, the public hospital serving low-income New Orleanians, was the last to be evacuated, while privately owned hospitals had hired helicopters to rescue their patients and staff.
This pattern was repeated on a large scale in the metro region. When suburban law enforcement officials stopped those trying to evacuate by way of a bridge across the Mississippi by firing guns over their heads, according to media reports – it was a crude metaphor for the more subtle policies and attitudes that were a daily fact of life.
Rebuilding New Orleans The question of how to rebuild New Orleans is being actively debated. Should low-lying neighborhoods revert to the cypress swamps they were when the city was founded? Should redevelopment be high-rise, high-density? What role for transit, for green building, for open space, for mixed-income development? How to handle historic preservation and what architecture and urban design standards will be best? In much of these discussions, it is implied that New Orleans is a blank slate, wiped clean by the flood waters: empty land, or effectively so, on which to play out dreams and ideals of a new city.
There is a question, however, that must be answered first: who is to decide?
Decisions made will likely take into account the desires of the residents who return. The question, then, is inseparable from another: who will be able to return? Neighborhoods that were spared flooding were located on the strip of high ground along the Mississippi. They contained mostly white and middle class residents, much of the central business district and the heart of the tourism industry. These residents and business owners will be the first to move back, and their voices will likely be the loudest in the local debates on rebuilding, due to their proximity as well as their relative privilege.
The gentrified French Quarter and the “tourism sacrifice zone” of Bourbon Street can continue, at least in its corporatized form, without the rest of the city. With the historic buildings spared, a packaged and preserved version of New Orleans could continue to be sold. And make no mistake, many are dreaming of doing just that, in a new New Orleans where tourists don’t have to be warned not to cross Rampart Street.
The smart money may be on the success of large connected developers and the tourism industry to make this happen. But it is not yet a done deal, and of course it must be fought. The culture for sale in the French Quarter, in a much richer, more complex form, was living, changing and being created anew every day in the New Orleans beyond Rampart Street. The people of that New Orleans have as much of a right to determine their city’s future as anyone else.
There are many voices that need and deserve the support of those of us not in New Orleans. They include such grassroots and community-based groups as ACORN, Community Labor United (CLU) and the Peoples’ Institute for Survival and Beyond. New efforts have sprung up: CLU has formed the Peoples’ Hurricane Relief Fund and Oversight Coalition, for example. We are just beginning to learn of the many ad hoc groups formed to take care of immediate relief needs, such as Common Ground in Algiers and the Soul Patrol in the 7th Ward, some of which are beginning to look toward the long-term work of organizing and agitating for their New Orleans. The Soul Patrol now defines its mission as Rescue, Return and Restore.
Much will be said in the coming weeks and months about how to restore New Orleans. But the principle of the full participation of all the people and communities of New Orleans can give us some idea of where to start.
• The future of New Orleans must be decided by all its people, even those unable to live there right now. Commissions of business and political leaders are being created to guide the rebuilding. History suggests that we should have limited faith that the results will be equitable. Instead, New Orleans needs a community-based oversight body that includes representatives from all the neighborhoods, and all racial, ethnic and income groups within the city. We must ensure that the traditionally voiceless are not left out again.
• Families without the financial resources to evacuate before the hurricane are unlikely to have the resources to return. Yet to date, no mention has been made of any plans or resources aimed at helping to get those families who were sent to Houston, Utah or Oregon back home. The New Orleanian diaspora must have a right of return, and the aid to implement it.
• There should be a preference in hiring, and training as needed, for local residents. The labor force for immediate and long-term reconstruction is already being brought into the city, with no apparent effort to include locals. Efforts must be made to bring back displaced New Orleanians for these jobs. Beyond this, prevailing wage requirements and preferences for contracting for small, local and minority and women-owned business need to be vigorously enforced, not waived.
• Rebuilding should be sustainable and environmentally just. This will include full clean-up of environmental hazards in all neighborhoods, and the development of adequate, equitable, regional public transit, in addition to wetlands restoration and an improved levee and flood-control system.
• Rebuilding, in whatever form, must include large amounts of affordable housing, in proportion to the number of affordable units lost. No right of return, and no equitable New Orleans, will be possible without this. We should not recreate the concentrated poverty and racial segregation of old, but allow residents of all income levels to live throughout the city – and throughout the metro region. Private developers will press for new high-rise, upper-income condos, just as they did before Katrina hit. Instead, we must use such tools as inclusionary zoning and limited-equity developments to break the old patterns of exclusion.
The disaster of Katrina presents us with a clear and unavoidable challenge: can we continue to accept the inequality and vulnerability that afflicted New Orleans – or that afflicts any of our cities and metro regions? There is much work to be done. As Diane “Momma D” Frenchcoat of the Soul Patrol says: “It’s more than just saving a life. It’s saving the spirit.”
Series Navigation Moving Toward the Market >>After Katrina: Fighting to Survive >>
Hurricane Katrina
Mary Gail Snyder
The Harbinger of the Modern Disaster Era: An Interview with Andreanecia Morris
Burdensome Documentation Requirements Keep NOLA Homeowners from Getting Home
Help Restore Post-Katrina NOLA Neighborhoods by Tearing Down the Freeway
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Transforming Vacant Land Into Community Assets
Vacant land activities can be low cost and high impact; the price of failure is not steep, but the return on investment can be high.
By Andrew Butcher -
In the neighborhood of Larimer in Pittsburgh, a vacant lot was transformed into a sunflower garden. The garden yielded the city’s first-ever crop of biofuel. Photo courtesy of Andrew Butcher
The problem with vacant land is that no one owns the problem. Sure, there are plenty of owners of the actual land—private, public, and quasi-public. But the spillover problems of property disrepair and neighborhood disinvestment are the community’s to endure. So a problem that no one owns is actually everyone’s problem.
Unmanaged vacant land can affect property values, quality of life, and even mental health (both at an individual and community level). Intentional open and green space has the exact opposite effect. Vacant land in poor condition is often an indicator of poverty in the most distressed places, whereas intentional green space is an indicator of prosperity. The way to get from one to the other, however, is the lowest-cost, lowest-effort process in the world of real estate. In addition, the very process of reclaiming a vacant lot has the potential to change hearts and minds, generate engagement that can be harnessed for other ends, and provide tangible benefits to residents in the form of an improved physical environment and a social and economic return on investment. So why is the “vacant land” question frequently the last one to be asked? Why is it an afterthought when it should be the starting point of any comprehensive revitalization process?
The Development Spectrum
Because vacant land is a kind of real estate, the solutions to this challenge tend to be envisioned through a traditional real estate lens, as community development work often is. The interventions community development players often come up with for a vacant lot are not all that different than those for a property with an abandoned building. The interventions include grouping together different plots of land to maximize available space, developing financing, securing a use or occupant, design of structure, and ultimately, construction. It can be a time-intensive and capital-heavy process.
Vacant land activities, on the other hand, can be low cost and high impact; the price of failure is not steep, but the return on investment can be high. In fact the very premise of what constitutes failure can be regarded differently if we view vacant land as a space for innovation and cultivating new community leadership. In Pittsburgh, Pennsylvania, for instance, the nonprofit Grounded Strategies facilitated stipends and micro-grants of $3,000 for residents to work on vacant land projects. In Albany, New York, a similar micro-grant program is being piloted for small and simple actions on vacant land. And programs such as ioby or Kiva can serve as crowdfunding platforms to enable residents to take action where action is possible.
Where market conditions are weakest, the challenges highest, and the financial resources lowest, there is still latent potential to empower people, enable them to work on small actions, and channel those actions into influencing an ongoing development process. Vacant land can be a window into what is in a place, not just what isn’t. Participation in a shared effort to reclaim a vacant lot demonstrates grit, determination, and ingenuity, and may provide individuals with the knowledge, appreciation, and language to better participate in future neighborhood development activities.
How do we help residents take ownership in finding solutions to address distressed vacant lots in their communities? Some people would say control of the land is the most important. Other people contend that it is community empowerment and funding. Others might say that it is the presence of a comprehensive neighborhood or city plan. Lessons emerging from Pittsburgh, Albany, and Toledo suggest it is all of the above.
Residents must have access to the land even if they don’t yet have full or permanent control.
With that access, tangible actions must be encouraged by public authorities. Not all actions on vacant land can, or should, be permanent. Certainly, permanent green space is an asset for a community, but creating it requires significant time and resources. Vacant land can be used much more quickly in temporary ways (i.e. gardens, parklets, public art) to address immediate problems in a place, while also mobilizing and empowering residents. Doing this will position a community to have better financial resources and a more coordinated voice when advocating for bigger projects, including permanent green space.
Finally, alignment of these actions and engaged actors should inform and fuel an equitable, inclusive, participatory planning process with public agencies, which can lead to an upward spiral of community investment.
Carrying out the access, action, and alignment process requires a delicate dance between public agencies and community groups at the most granular level. The process of turning vacant land liabilities into community assets requires a different mindset than traditional real estate development.
Vacant Land: Transformation from the Ground Up
In Pittsburgh, which has lost 60 percent of its population in 60 years, close to 30,000 vacant lots are scattered across the city, largely concentrated in the poorest neighborhoods. This vacant land is increasingly seen as an asset by the general public. Community-led efforts are using it as a platform to educate and empower residents to take action, being linked to educational, training, and employment opportunities, and galvanizing multi-organizational collaboration that ultimately informs public policy.
The city’s youth were employed through a summer workforce training program, and they prepped, planted, and maintained the sunflowers. Photo courtesy of Andrew Butcher
One of the places this attitude toward vacant land took root in Pittsburgh is the neighborhood of Larimer, which has among the highest vacancy, crime, and poverty rates in the city. In 2008, the Urban Redevelopment Authority (URA) acquired multiple vacant, overgrown lots in the neighborhood that were filled with brick and debris. The URA and Jackson Clark Partners created a consensus planning process with multiple teams, including what came to be known as the “Green Team” to tackle vacant land as a major priority. My organization, Grounded Strategies (then known as GTECH), was contracted for approximately $10,000 to transition the largest lot into a sunflower garden. The idea was to improve soil, create a platform for green jobs, and demonstrate the production of biofuel for cleaner-burning biodiesel. The project employed youth through the city’s summer workforce training program to prep, plant, and maintain the sunflowers. The quick-execution project gave the nascent Green Team a clear sense of purpose and a tangible outcome for the group to organize around as they planned for harvest and for transition of the sunflower patch into a community garden, which is a much more complicated project to arrange. The sunflower garden yielded the city’s first-ever crop of biofuel produced from a vacant lot and brought out dozens of volunteers and residents in celebration. Some residents had been skeptical about the value of sunflowers amidst so many other needs in the community, but longtime community leaders who were passionate about horticulture, green space, and gardening were able to harness the energy of the sunflowers toward a broader neighborhood greening strategy.
This energized the Green Team and a growing group of other residents to engage a collaboration of organizations, including Grounded Strategies, Penn State Extension, the Student Conservation Association, Grow Pittsburgh, the Western PA Conservancy, and the Kingsley Association, to beautify dozens of lots within a primary corridor in the community. Those projects became the driving force for a grant application that ultimately yielded a $30 million Choice Neighborhood grant to build dozens of affordable housing units, with preserved green space as the anchor of its neighborhood plan. Ultimately, the sunflower project activated a space by engaging people to take action in a tangible and incremental way to demonstrate some kind of improvement to the area. The project also galvanized a community action team, leveraged money, anchored a community planning process around green space, and facilitated meaningful community input through the grant process.
Pittsburgh has been able to take this momentum to other parts of the city as well. Many decentralized projects, initiatives, policies, and resources have continued to activate vacant spaces, turn them from liabilities to assets for the community, even though the city’s land bank—founded in 2013 with the hope of providing a formal route to productive reuse—has been slow to get that route in place. The city now has an open data interactive resource called “Lots To Love,” which helps residents find vacant land to invest in and understand how to go about doing it. There is a mobile tool bank for residents who want to clean up and activate vacant lot, operated by Grounded Strategies in partnership with Neighborhood Allies. There is a standing meeting between nonprofits, community groups, and public agencies to tackle policy objectives through a “Green Space Alliance.” A dedicated open space specialist within the Department of City Planning screens vacant land project proposals. And a maintenance and stewardship program allows small neighborhood businesses and contractors to secure public maintenance contracts if they demonstrate meaningful engagement, outreach, and employment strategies with the neighborhoods they are charged with maintaining. Grounded Strategies Pittsburgh has even developed a way to calculate the return on investment of actions undertaken on vacant land. All of this collaboration, progress, and demonstrable impact derived from a groundswell of hyper-local actors who cared, took action, and mobilized their neighbors and networks.
Despite much progress and a unique blend of active organizations, residents, and public leadership, Pittsburgh is still struggling with how to not overly burden the process of addressing vacant land for short-term projects. Specifically, the city’s Adopt-A-Lot process, intended to give residents a way to take action on vacant land, can be costly and time consuming, which demotivates residents as opposed to empowering them. While the program aspires to “make it simple,” the current process can require months of paperwork, a financial investment of $150, liability coverage, and unclear parameters imposed by the city’s open space specialist. Many of these hurdles to development are well within the city’s prerogative. The city may not want to give people the sense that access to their space is permanent, and they certainly want to protect against unnecessary risk should someone injure themselves on site. However, the fear of permanence and liability is more reflective of development concerns at a higher end of the development spectrum and ultimately leaves some of the opportunity of vacant land development on the table.
Larimer’s story is the ideal illustration of how vacant land “development” benefits from an inverse approach to traditional real estate and economic development, which usually starts with a vision of the end goal, usually a new or rehabbed building with a specific use. Fixating on the end outcome of millions of dollars of investment and new housing may be a daunting mountain to climb from an existing vacant lot. But breaking that expedition into small victories defined by physical transformation of a lot, celebration among community, consensus in planning, and participation in decision making can lead to an upward spiral of community investment.
Larimer’s experience is also a story of how the right level of access to a space, combined with resident-driven, tangible actions can align with a public planning process to have a major imprint on the built environment in a historically disinvested community.
A Matter of Scale
In Lucas County, Ohio, demolition of vacant and abandoned properties has accelerated since 2012, fueled by the federal government’s Hardest Hit Fund (HHF), which was created in 2010 to award funds to states hardest hit by the housing and financial crisis. The program enables established land banks to receive federal assistance to eliminate abandoned structures as a tactic for mitigating the harm of vacant foreclosures, but this has resulted in a significant increase in the volume of vacant land. The initiative it took for communities to get and implement HHF funding speaks well for their capacity. This likely means increased interagency coordination, legal capability for property disposal, and an operational orientation to both mitigate liability and ensure basic maintenance of properties. That in turn means that vacant land in those portfolios can be more intentionally cultivated to serve a variety of different functions.
David Mann, CEO of the Lucas County Land Bank (LCLB), which includes the city of Toledo, says that between 2014 and 2020, HHF monies will have enabled close to 2,800 strategic demolitions in targeted neighborhoods in Toledo, increasing the total number of vacant lots in the city to over 17,000, or 14 percent of the city’s total area. “It is the largest deployment of such funds per capita in Ohio,” says Mann.
As a result, Toledo has an urgent need to devise short-term and long-term strategies to address an influx of concentrated vacant land. This opens the door to a broad array of longer-term “holding” strategies, such as forest regeneration, urban meadows, and other natural capital strategies, but the scale and rapid accumulation of parcels also has the potential to accelerate low-cost, high-impact strategies where neighborhood leaders turn their own ideas—such as play spaces, passive green space, community gardens, or public art installations—into action. The LCLB inherently represents a place where access to the land is possible and where use of the land can be aligned with a longer-term strategy to revitalize and reinvest in neighborhoods.
Specifically this represents an opportunity to align economic development and environmental health efforts. The LCLB anticipates spending approximately $3.36 million on vacant land maintenance from 2015 to 2023— approximately $375,000 per year, or $1,200 per lot. This is an opportunity to provide workforce development programs with direct contracts for on-the-job training and/or align with regional environmental efforts to leverage investments in green infrastructure.
Vacancy is a big challenge and it is understandable to want to apply big solutions like building a farm, or letting a whole block go back to nature. However, to look at vacant spaces and only see the physical challenges neglects the opportunity these spaces offer to cultivate the primary resource of any community: the people. Vacant land is the ideal starting point for a comprehensive community development process because the costs of getting started are minimal. Financially, $500 to $3,000 can yield a catalytic project that gets people involved and provides tangible outcomes to counterbalance the often monotonous conversations about planning. Even if a project fails and reverts back to an unmanaged space, there was still the value of engaging residents and enabling pathways for learning how a development process works. Of course there are pure and simple failures. But what’s lost is only a few thousand dollars and a growing season. These building blocks represent far less sunk financial, social, and political capital than traditional real estate development.
The practice of transforming vacant land must embrace:
Small, simple actions such as beautification gardens and natural play spaces.
Maximum citizen engagement in the planning, design, and maintenance plan of any project.
Prioritizing resident participation in collecting necessary information and data.
Following their lead in designing
Fusing maintenance obligations of vacant land with education, training, and employment programs.
Integrating vacant land activities, designs, plans, and programs with regional scale environmental objectives, such as climate action plans, resilience planning, and stormwater management systems.
To advance equity, inclusion, sustainability, and environmental justice, vacant-lot strategies should focus on providing greater access to citizens; prioritizing engagement and education; deploying micro-funds for small and tangible actions; and aligning with adjacent domains such as public health, workforce development, and environmental health. When vacant land is regarded as a common asset the process of addressing it can build a foundation of knowledge, resources, plans, and social capital to enable more ownership of solutions at a hyperlocal level.
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Andrew Butcher
Andrew Butcher is executive fellow at the Heinz College of Public Policy and Metro21 Smart Cities Institute at Carnegie Mellon University, and was founding CEO of GTECH Strategies (now Grounded Strategies). He lives in Maine where he is a commissioner for the Portland Land Bank.
‘We-Making’: How Arts and Culture Build Social Cohesion
What’s the Best Way to Judge How Well a City’s Housing Policies Improve Health?
Vy Le—A Resident Services Manager in Washington State
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Lady Miriam
from The Scarifyers: The Thirteen Hallows by Bafflegab Productions
When a haunted chess set causes consternation at the British Chess Championships, and a horse magically materialises in Kettering Agricultural Museum, MI:13 are called to investigate.
Harry Crow (David Warner) and Professor Dunning (Terry Molloy) follow the trail of inexplicable happenings to an unremarkable terraced house in South Wales, home to the mysterious Mr Merriman (David Benson). He's very old, and very mad; but is there more to Merriman than first appears?
Meanwhile, in the South West of England, famed archaeologist Ralegh Radford (Ewan Bailey) is on the verge of the greatest discovery of the age. Britain's Tutankhamen, the press are calling it. But what he certainly isn't expecting to unearth is boisterous 1400-year-old knight Glewlwyd Gafaelfawr (Gareth David-Lloyd).
As Crow and Dunning unravel an unlikely plot to resurrect Britain's greatest-ever hero, the race is on to stop sinister forces at home and abroad from finding... the Thirteen Hallows.
Includes unlimited streaming of The Scarifyers: The Thirteen Hallows via the free Bandcamp app, plus high-quality download in MP3, FLAC and more. ... more
from The Scarifyers: The Thirteen Hallows, released December 3, 2012
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2nd millennium
14th century – 15th century – 16th century
1420s 1430s 1440s – 1450s – 1460s 1470s 1480s
March – Frederick III, Holy Roman Emperor becomes the last to be crowned in Rome.
Portuguese navigator Diogo de Teive discovers Corvo Island in the Azores.
18 June – Pope Nicholas V issues the bull Dum Diversas, legitimising the colonial slave trade.
October – English troops under John Talbot, 1st Earl of Shrewsbury, land in Guyenne, France, and retake most of the province without a fight.
A major eruption of the South Pacific volcano Kuwae in Vanuatu has a subsequent global cooling effect (the eruption released more sulfate than any other event in the past 700 years).
Battle of Bealach nam Broig, a Scottish clan battle.
Murder of William Douglas, 8th Earl of Douglas by James II of Scotland at Stirling Castle.
Revolt of Ghent: Forces of Philip the Good, Duke of Burgundy, clash multiple times with rebel militia from Ghent in the region around Ghent.
February 6 – Joana, Crown Princess of Portugal (d. 1490)
March 10 – King Ferdinand II of Aragon (d. 1516)
April 15 – Leonardo da Vinci, Italian artist and inventor (d. 1519)
April 19 – King Frederick IV of Naples (d. 1504)
July 10 – King James III of Scotland (d. 1488)
July 27 – Ludovico Sforza, Duke of Milan (d. 1508)
September 21 – Girolamo Savonarola, Italian religious reformer and ruler of Florence (d. 1498)
October 2 – King Richard III of England (d. 1485)
December 10 – Johannes Stöffler, German mathematician (d. 1531)
Svitrigaila, Grand Prince of Lithuania
Michał Bolesław Zygmuntowicz, Prince of Black Ruthenia
May 26 – John Stafford, Archbishop of Canterbury
December 12 – Guillaume Huin d'Estaing, Catholic cardinal
Nicholas Close, English bishop
Gemistus Pletho, philosopher
William Douglas, 8th Earl of Douglas
Retrieved from "https://simple.wikipedia.org/w/index.php?title=1452&oldid=5321669"
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On July 5, 2018, in Uncategorized, by timprofeta
Editor’s Note: The Nicholas Institute has enjoyed sharing the critical climate and energy stories of the week with our readers for almost a decade, but July 19 will be the last issue of The Climate Post. For us, this weekly post has been a way to help us fulfill one of our missions: to help the public understand topics that could shape the energy and climate landscape. We will continue to pursue that mission through the many products we continue to create to improve environmental policymaking through in-depth and objective, fact-based analysis.
We invite you to connect with important climate and energy topics through thought pieces by our staff, through our events, and through new research publications and policy briefs by signing up to receive future mailings about our work.
As part of the Paris Agreement—a global treaty that aims to limit global warming to well below 2 degrees Celsius above preindustrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius—China pledged to peak its carbon dioxide emissions by 2030. A new study in the journal Nature Geoscience suggests China’s emissions peaked in 2013 and have declined in each year from 2014 to 2016.
“The decline of Chinese emissions is structural and is likely to be sustained if the growing industrial and energy system transitions continue,” said Dabo Guan, a University of East Anglia climate change economics professor and lead author. “China has increasingly assumed a leadership role in climate-change mitigation.”
The study suggests that slowing economic growth and a decline in the share of coal used for energy has aided in the rapid decrease in China’s rising emissions. These changes in industrial activities and coal use, along with efficiency increases, have roots in the changing structure of China’s economy and in long-term government policies, in particular, creation of China’s nationwide emissions trading scheme.
The policy context and initial program design of that scheme is reviewed by my colleague, Billy Pizer, a faculty fellow at Duke University’s Nicholas Institute for Environmental Policy Solutions, in an article in the journal AEA Papers and Proceedings. It highlights important concerns, discusses possible modifications, and suggests topics for further research.
FERC Rejects PJM Capacity Market Proposals
The Federal Energy Regulatory Commission (FERC), in a 3–2 decision, rejected two proposals filed by PJM as well as a proposal filed by a group of generators operating in PJM’s footprint about how the wholesale electric capacity market should handle state subsidies for power generation. FERC did, however, find that the PJM’s existing capacity market rules are unjust and unreasonable and outlined a framework for a new rule.
PJM, which oversees the grid in parts of the Mid-Atlantic and Midwest, operates a capacity market that allows utilities and other electricity suppliers to procure power to meet predicted demand three years into the future in order to ensure grid reliability. The grid operator and some power producers have argued that subsidized generators are entering into PJM’s capacity market at prices below their actual generation costs, lowering overall market prices and potentially forcing some competitors to shutter their operations.
The order rejects both of PJM’s proposals because FERC found that “they have not been shown to be just and reasonable, and not unduly discriminatory or preferential.” But FERC was “unable to determine, based on the record of either proceeding, the just and reasonable rate to replace the rate in PJM’s Tariff.”
FERC then proposed a framework for a replacement rule—resource offers that are deemed subsidized would be subject to an expanded Minimum Offer Price Rule (MOPR) with few or no exceptions, so as not to artificially lower capacity prices. On the other hand, PJM would have to expand the ability for utilities to purchase less from PJM’s capacity market so they wouldn’t be forced to buy capacity to comply with state policies and then procure a duplicate amount of capacity from PJM’s market.
In PJM’s April filing to FERC, PJM asked FERC to decide between two proposals to deal with the issue of how to address potential pricing impacts of state energy programs in its capacity market and to identify which aspects of the proposals need to be revised. Generators subsequently filed a complaint at FERC, alleging that the PJM capacity rules violate the Federal Power Act and proposing their own solution. But in FERC’s order, filed late on June 29, FERC rejected PJM’s two-part capacity repricing scheme and revisions to the MOPR that aimed to bump up capacity offers into the market from new and existing resources receiving state assistance, subject to certain proposed exemptions. It also rejected the generators’ proposal for a MOPR for a “limited set of existing resources.”
PJM, its stakeholders, and other commenters now have to answer FERC’s questions about how to flesh out FERC’s proposed replacement rule framework. Initial comments are due within 60 days and reply comments are due within 90 days of the publication date of the FERC order in the Federal Register.
Study Zeroes in on Hard-to-Decarbonize Sources
About a quarter of global carbon dioxide emissions from fossil fuels and industrial sources come from hard-to-cut sources, according to a study published in the journal Science.
The authors focused on long-distance shipping and transportation, on cement and steel production, and on provision of a reliable electricity supply, that is, the need, given the variable nature of renewables, for climate-neutral ways to increase output when needed. The demand for these services and products is projected to increase over this century, the study said, allowing absolute emissions from them to grow to equal the current level of global emissions.
“If we want to get to a net zero energy system this century, we really need to be scaling up alternatives now,” said lead author Steven J. Davis of the University of California.
What are those alternatives? Some analyzed by the study are the synthesis of energy-dense hydrogen or ammonia-based fuels for aviation and shipping, new furnace technologies for concrete and steel manufacture, and tools to capture and store hydrocarbon emissions. But deploying these technologies will be costly, say the authors, who also point to another obstacle: the inertia of existing systems and policies.
The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions
Tagged with: carbon • carbon dioxide • climate • climate change • energy • environment • Paris Agreement • PJM
Study Says Meeting Paris Agreement Goals Won’t Prevent Aridification
On January 4, 2018, in Uncategorized, by timprofeta
A study published Monday in the journal Nature Climate Change suggests that more than a quarter of Earth’s land will become significantly drier even if the world manages to limit warming to the Paris Agreement goal of less than 2 degrees Celsius above pre-industrial levels. Limiting the temperature rise to the agreement’s more ambitious goal of 1.5 degrees Celsius could significantly reduce the amount of land affected.
“Our research predicts that aridification would emerge over about 20–30 percent of the world’s land surface by the time the global mean temperature change reaches 2 degrees C [Celsius],” said Manoj Joshi, study co-author from the University of East Anglia in the United Kingdom. “But two-thirds of the affected regions could avoid significant aridification if warming is limited to 1.5 degrees C.”
According to the study, the regions that would most benefit from keeping warming below 1.5 degrees Celsius are parts of South East Asia, Southern Europe, Southern Africa, Central America and Southern Australia.
The study authors used projections from 27 global climate models to identify the areas of the world where aridity will substantially change when compared to current year-to-year variations. With a temperature increase of 2 degrees Celsius, they found that between 24 percent and 32 percent of the Earth’s total land surface will become drier. At an increase of 1.5 degrees Celsius, only between eight percent and 10 percent of that surface becomes drier.
Aridification could dramatically increase the threat of widespread drought and wildfires. It is also a threat to agriculture, water quality and biodiversity, noted Chang-Eui Park, the study’s lead author from China’s Southern University for Sustainability and Technology.
Park likened the emergence of aridification to “a shift to continuous moderate drought conditions, on top of which future year-to-year variability can cause more severe drought. For instance, in such a scenario 15 percent of semi-arid regions would actually experience conditions similar to ‘arid’ climates today.”
Trump Administration Repeals Proposed Rules for Hydraulic Fracturing on Government Land
One day after a three-judge panel of the 10th U.S. Circuit Court of Appeals declined to reconsider it’s decision to overrule a lower court’s rejection of a proposed Obama-era rule regulating hydraulic fracturing on federal and Indian lands, the U.S. Department of the Interior’s Bureau of Land Management (BLM) rescinded the rule. Under the proposed rule, companies would have had to disclose the chemicals used in hydraulic fracturing, or fracking, whereby pressurized water is pumped underground to break open hydrocarbon deposits to increase well productivity.
The rule had been scheduled to go into effect in 2015, but it was never implemented due to court challenges by energy industry groups and several oil- and natural gas-producing states, which argued the rule was over-reaching and duplicative of state requirements, as well as by environmentalists, who pointed to a need to regulate potential risks to groundwater.
“This final rule is needed to prevent the unnecessarily burdensome and unjustified administrative requirements and compliance costs of the 2015 rule from encumbering oil and gas development on Federal and Indian lands,” BLM wrote in the 26-page final rule.
The move took effect immediately on December 29, skipping the 30-day waiting period often incorporated into rollbacks.
Vogtle Nuclear Project Gets Green Light
Georgia’s Public Service Commission has voted unanimously to allow construction of two nuclear reactors at Plant Vogtle to continue. Plagued by delays and escalating costs, the Vogtle reactors represent the only large-scale nuclear construction underway in the United States since abandonment of two reactors this summer by South Carolina Electric & Gas and Santee Cooper. This week, Dominion Power bought SCANA and assumed these failed South Carolina nuclear project costs.
“The decision to complete Vogtle 3 & 4 is important for Georgia’s energy future and the United States,” said Paul Bowers, chairman, president and CEO of Georgia Power, in a statement. “The Georgia Public Service Commission has shown leadership in making this complex and difficult decision and recognized that the Vogtle expansion is key to ensuring that our state has affordable and reliable energy today that will support economic growth now and for generations to come.”
Co-owned by Georgia Power, Oglethorpe Power, MEAG Power and Dalton Utilities, the reactors are presently scheduled to come online in 2021 (unit 3) and 2022 (unit 4).
The commission attached conditions to its approval of the Vogtle completion, including a lower return on equity for Georgia Power; more money returned to ratepayers; and the possibility of re-examining the project if Congress doesn’t extend a production tax credit for nuclear power past a 2021 expiration date.
Tagged with: carbon • carbon dioxide • climate • climate change • drought • energy • environment • fracking • greenhouse gas emissions • nuclear • Paris Agreement • Trump • Vogtle
Moody’s Warns Cities, States to Prepare for Climate Change Risks
On December 7, 2017, in Uncategorized, by timprofeta
A new report from Moody’s outlines how the credit rating agency will evaluate the impact of climate change in its ratings for state and local bond issuers. The report warns cities and states to prepare for climate change or face increased difficulty maintaining or obtaining higher credit ratings.
Ratings from Moody’s also help determine interest rates on bonds issued by cities to fund roads, buildings and other civic projects. Cities not adequately preparing for climate change, then, may face higher rates.
“The interplay between an issuer’s exposure to climate shocks and its resilience to this vulnerability is an increasingly important part of our credit analysis, and one that will take on even greater significance as climate change continues,” the report notes.
Moody’s uses six indicators to assess exposure to the physical climate change, including hurricanes and extreme-weather damage as a share of the economy, and the share of homes in a flood plain.
Moody’s identifies Florida, Georgia, Mississippi and Texas as the states most at risk for damage from climate change. It says it will assess both a city’s ongoing risk from climate trends and climate shock from extreme weather events such as natural disasters, floods and droughts.
“What we want people to realize is: If you’re exposed, we know that. We’re going to ask questions about what you’re doing to mitigate that exposure,” said Lenny Jones, a managing director at Moody’s. “That’s taken into your credit ratings.”
Mayors Sign Climate Charter
More than 50 North American cities signed the Chicago Climate Charter Tuesday during the North American Climate Summit in Chicago, where former President Barack Obama spoke, calling cities, states and nonprofit groups “the new face of leadership” on climate change.
“Obviously we’re in an unusual time when the United States is now the only nation on Earth that does not belong to the Paris agreement,” Obama said. “And that’s a difficult position to defend. But the good news is that the Paris agreement was never going to solve the climate crisis on its own. It was going to be up to all of us.”
The mayors, who attended the summit hosted by Chicago Mayor Rahm Emanuel, hailed from cities across North America, including Mexico City, San Francisco and Phoenix.
“Climate change can be solved by human action,” said Emanuel (subscription). “We lead respectively where there is no consensus or directive out of our national governments.”
The charter calls for mayors to achieve a percent reduction in carbon emissions at least as stringent as the Paris Agreement; to quantify, track and report emissions; to support flexibility for cities to take action on climate issues; and to incorporate climate issues into emergency planning, among other provisions.
The charter also calls for cities to work with scientific and academic experts to find solutions. Some mayors have specifically agreed to commitments to expand public transportation and invest in natural climate solutions such as tree canopy and vegetation.
Study: Melting Arctic Sea Ice Will Lead to Increased Drought in California
Scientists have linked rapidly melting Arctic sea ice to warmer ocean temperatures and higher sea levels. Now new research shows it could also reduce rainfall in California, worsening future droughts in the state. By mid-century, according to a study by Lawrence Livermore National Laboratory published Tuesday in the journal Nature Communications, loss of ice in the Arctic and warming temperatures there could drop California’s 20-year median for rainfall by as much as 15 percent.
“Sea-ice loss of the magnitude expected in the next decades could substantially impact California’s precipitation, thus highlighting another mechanism by which human-caused climate change could exacerbate future California droughts,” the study says.
The authors describe a series of meteorological events that lead to formation of storm-blocking air masses in the North Pacific—masses similar to the so-called Ridiculously Resilient Ridge, a nickname given to the persistent region of atmospheric high pressure that occurred over the Northeastern Pacific Ocean that kept rain from making landfall during California’s 2012–2016 drought. Although the study doesn’t attempt to explain that drought, its lead author, climate scientist Ivana Cvijanovic said it could help scientists understand future weather patterns.
“The recent California drought appears to be a good illustration of what the sea-ice-driven precipitation decline could look like,” she said.
Previous studies hypothesized that the North Pacific atmospheric ridge is due to increased ocean surface temperatures and heat circulation in the tropical Pacific. The new study elaborates on that understanding by describing the relation of Arctic sea-ice loss and tropical convection.
The authors say large-scale warming of the Arctic surface and lower atmosphere affects the way heat travels from Earth’s lower latitudes into the Arctic, in turn causing circulation changes in the deep tropics that eventually boost the buildup of a giant high-pressure system, like the Ridiculously Resilient Ridge, off the California coast. In normal winters, high and low-pressure systems alternate. But when there’s a ridge, the wet and wintry Pacific storms instead slide north.
“We should be aware that an increasing number of studies, including this one, suggest that the loss of Arctic sea ice cover is not only a problem for remote Arctic communities, but could affect millions of people worldwide,” said Cvijanovic.
Tagged with: arctic • barack obama • california • carbon • carbon dioxide • climate • climate change • drought • energy • environment • greenhouse gas emissions • Paris Agreement
Harvey Shines Light on Issue of Climate Change
On August 31, 2017, in Uncategorized, by timprofeta
Hurricane Harvey made landfall in Texas last week, dumping more than 50 inches of rain in parts of Houston, the fourth largest U.S. city. After drifting back out over the Gulf of Mexico as a tropical storm, Harvey made a second landfall near the Texas and Louisiana border Wednesday. By the time this extreme storm dissipates, damage is expected to be in the tens of billions of dollars.
As news coverage documents large swaths of destruction from flooding and high winds, many are asking whether climate change makes storms like Harvey more likely and more severe.
“Climate is not central, but by the same token it is grossly irresponsible to leave climate out of the story, for the simple reason that climate change is, as the U.S. military puts it, a threat multiplier. The storms, the challenges of emergency response, the consequences of poor adaptation—they all predate climate change. But climate change will steadily make them worse,” writes David Roberts in Vox.
Roberts’ words were echoed by said Katharine Hayhoe, an atmospheric scientist and professor of political science at Texas Tech University.
“The hurricane is a naturally occurring hazard that is exacerbated by climate change, but the actual risk to Houston is a combination of the hazard—rainfall, storm surge and wind, the vulnerability, and the exposure,” said Hayhoe of Houston’s particularly high vulnerability. “It’s a rapidly growing city with vast areas of impervious surfaces. Its infrastructure is crumbling. And it’s difficult for people to get out of harm’s way.”
The Washington Post also points a finger at a warming climate’s effect on storm surge, rainfall, and storm intensity.
Others, like Meteorologist Eric Holthaus, put it more bluntly. He writes in Politico that “Harvey is what climate change looks like. More specifically, Harvey is what climate change looks like in a world that has decided, over and over, that it doesn’t want to take climate change seriously.”
What’s clear is that like Superstorm Sandy and Hurricane Katrina before it, Harvey has reopened the debate over the connection between hurricanes and climate change, and promises to increase climate’s resonance in the political debate.
Harvey is also leaving a mark on the infrastructure of the country’s largest oil and gas firms. Forbes offered a reminder that in 2008, refinery utilization dropped from 78 percent before Hurricane Ike and to 67 percent the week of the hurricane. Harvey has already knocked out 11 percent of U.S. refining capacity and a quarter of oil production from the U.S. Gulf of Mexico as well as closed ports along the Texas coast. The shutdowns are resulting in a spike in gas prices across the United States.
The environmental fallout—escaping gasoline and releases of hazardous gases from refineries—could worsen.
RGGI States Look to Further Reduce Utility Emissions
Nine Northeast and Mid-Atlantic governors last week agreed to move forward with an extension of and additional emissions cuts through the Regional Greenhouse Gas Initiative (RGGI), a state-driven cap-and-trade system to reduce greenhouse gas emissions from power plants.
According to their proposal, the RGGI states―Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont―would cap emissions at some 75 million tons in 2021 and decrease those emissions by 2.25 million tons every year until 2030, resulting in a total decline of 30 percent and leading to an overall reduction of 65 percent of emissions since RGGI began eight years ago. A separate provision would allow for deeper cuts, if not prohibitively costly to states.
The group is also proposing changes to the program’s rules, such as adjusting the emissions cap to remove some excess allowances, allowing states to delay the sale of some emissions allowances if they are too cheap and taking steps to mitigate excess allowances. Starting in 2021, an emissions containment reserve, in which New Hampshire and Maine will not participate, would hold back 10 percent of allowances if the price on carbon credits falls below $6 per ton. After 2021, the emissions containment reserve trigger price would increase by 7 percent annually.
After seeking public comments on the proposal at a hearing in Baltimore on Sept. 25, the RGGI group will conduct additional economic analysis and publish a revised proposal. Each of the nine states must then follow its own statutes to implement the new plan.
“With today’s announcement, the RGGI states are demonstrating our commitment to a strengthened RGGI program that will utilize innovative new mechanisms to secure significant carbon reductions at a reasonable price on into the next decade, working in concert with our competitive energy markets and reliability goals,” said RGGI Chairwoman Katie Dykes.
The RGGI auctions permits for utilities to buy electricity produced at power plants that produce greenhouse gases. RGGI officials say those auctions have raised more than $2.7 billion to invest in cleaner energy since 2009.
Program advocates point to several studies suggesting the program’s success, reported the Boston Globe. One by the Acadia Center in 2016 found that RGGI states reduced emissions by 16 percent more than other states, while growing the region’s economy 3.6 percent more than the rest of the country. At the same time, energy prices in RGGI states fell by an average of 3.4 percent, while electricity rates in other states rose by 7.2 percent.
Inside Climate News reported that although other regions have seen lower carbon emissions courtesy of low-cost natural gas, a study by the Nicholas Institute for Environmental Policy Solutions and the Duke University Energy Initiative found the cap-and-trade market was responsible for about half of the region’s post-2009 emissions reductions, which are far greater than those achieved in the rest of the United States.
Tillerson Signals Intent to Remove Climate Envoy Post
In a letter to Senate Committee on Foreign Relations Chairman Bob Corker, Secretary of State Rex Tillerson shared his intent to reorganize, shift, or eliminate almost half of the agency’s nearly 70 special envoy positions. Among the positions in question: a high-profile representative on the issue of climate change.
“I believe that the department will be able to better execute its mission by integrating certain envoys and special representative offices within the regional and functional bureaus, and eliminating those that have accomplished or outlived their original purpose,” Tillerson wrote.
Tillerson goes on to say that the U.S. Special Envoy for Climate Change—in charge of engaging partners and allies around the world on climate change issues—will be removed and that the functions and staff will be moved to the Bureau of Oceans and International and Scientific Affairs.
“This will involve realigning 7 positions and $761,000 in support costs within D&CP from the Office of the Secretary to the Bureau of Oceans and International and Scientific Affairs (OES),” the letter states.
Tagged with: cap and trade • carbon • carbon dioxide • climate • climate change • duke university • environment • global warming • greenhouse gas emissions • Harvey • oil
Grid Reliability Study Released as Climate Change Panel Disbands
The U.S. Department of Energy, on Wednesday night, released its electric grid reliability study, finding that the greatest driver of baseload power plant retirements was cheap natural gas followed by flat power demand, environmental regulations and the growing penetration of renewables on the grid.
Requested by U.S. Department of Energy Secretary Rick Perry in April, the study was intended to report on whether the U.S. electric grid can handle the retirement of aging coal-fired and nuclear power plants and the “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.”
It found that “the biggest contributor to coal and nuclear plant retirements has been the advantaged economics of natural gas-fired generation.”
It offers recommendations to boost coal and nuclear. It suggests that the U.S. Environmental Protection Agency (EPA) ease rules for resources such as coal, nuclear and hydropower and that the Nuclear Regulatory Commission likewise ease permitting rules for nuclear plants. It also suggests that the Federal Energy Regulatory Commission (FERC) expedite efforts to reform the way prices are set in wholesale markets and how those markets value reliability. Finally, it recommends that the Department of Energy should prioritize research and development for grid resiliency, reliability, modernization and renewables integration technologies be promoted.
Notably absent from the grid study was any mention of climate change, the focus of a 15-member panel disbanded Friday by the Trump administration. The panel had been charged with helping officials and policy makers evaluate a separate federal report, the National Climate Assessment Report. Its members warned that the move leaves the public to deal with what amounts to a data dump with its impending release.
Established by the National Oceanic and Atmospheric Administration (NOAA) in 2015, the Federal Advisory Committee for the Sustained Climate Assessment included members of government, industry, academia and non-profits. The group was charged with helping evaluate the National Climate Assessment Report, a portion of which [the Climate Science Special Report] was widely publicized in its draft form earlier this month.
The charter for the committee expired Sunday. A note on the committee’s website offers that “per the terms of the charter, the Federal Advisory Committee for the Sustained National Climate Assessment (Committee) expired on August 20, 2017. The Department of Commerce and NOAA appreciate the efforts of the committee and offer sincere thanks to each of the committee members for their service.”
NOAA Communications Director Julie Roberts said “this action does not impact the completion of the Fourth National Climate Assessment, which remains a key priority.”
The Climate Science Special Report is due in its final form in November; the larger congressionally mandated document, the Fourth National Climate Assessment, is scheduled for publication in late 2018.
The National Climate Assessment integrates and evaluates current and projected global climate change trends, both human-induced and natural, and analyzes the effects of current and projected climate change. It has been published three times since passage of the Global Change Research Act of 1990, a law mandating its publication every four years.
Court Directs FERC to Consider GHG Impacts of Pipelines
The United States Court of Appeals for the District of Columbia Circuit, in a 2-1 decision issued Tuesday, found that the Federal Energy Regulatory Commission (FERC) failed to adequately consider the impact of greenhouse gas emissions from burning the fuel flowing through the Southeast Market Pipelines Project when it approved the project in 2016. FERC’s failure under the National Environmental Policy Act to adequately discuss the downstream effects of carbon emissions from natural gas transported through the pipelines in the project’s environmental impact statement was grounds for the court’s vacatur and remand.
Judge Thomas Griffith wrote that FERC’s environmental review “should have either given a quantitative estimate of the downstream greenhouse emissions that will result from burning the natural gas that the pipelines will transport or explained more specifically why it could not have done so.”
Griffith went on to write that “greenhouse-gas emissions are an indirect effect of authorizing this project, which FERC could reasonably foresee, and which the agency has legal authority to mitigate. Quantification would permit the agency to compare the emissions from this project to emissions from other projects, to total emissions from the state or the region, or to regional or national emissions-control goals. Without such comparisons, it is difficult to see how FERC could engage in ‘informed decision making’ with respect to the greenhouse-gas effects of this project, or how ‘informed public comment’ could be possible.”
The project comprises three natural gas pipelines under construction in Alabama, Georgia and Florida that are intended to bring natural gas to Florida to fuel existing and planned power plants.
Trump Denies Coal Exec Plea as EPA Reviews Toxic Waste Limits from Coal Power Plants
As part of a legal appeal, U.S. Environmental Protection Agency (EPA) administrator Scott Pruitt filed a letter Monday with the Fifth Circuit U. S. Court of Appeals in New Orleans in which he indicated that he will seek to revise the 2015 guidelines mandating increased treatment for wastewater from coal-fired power plants.
The rule, originally issued by the Obama administration in 2015, aimed to reduce toxic water discharges into lakes, rivers and streams from coal-fired power plants and coal ash dumps.
In the letter, Pruitt said he “decided that it is appropriate and in the public interest to conduct a rulemaking to potentially revise the new, more stringent Best Available Technology Economically Achievable effluent limitations and Pretreatment Standards for Existing Sources in the 2015 rule that applies to bottom ash transport water and flue gas desulfurization wastewater.”
The 2015 rule has faced some scrutiny, with opponents saying it could lead to the closure of coal-fired power plants and economic harm for small utilities.
Also this week, the Trump administration denied a request by coal industry executives from Murray Energy Corporation and FirstEnergy Solutions Corporation to provide them relief for plants they say are overburdened by environmental regulations and market stresses, by pushing forward a rarely used emergency order protecting coal-fired power plants.
“We look at the facts of each issue and consider the authorities we have to address them but with respect to this particular case at this particular time, the White House and the Department of Energy are in agreement that the evidence does not warrant the use of this emergency authority,” said U.S. Department of Energy spokeswoman Shaylyn Hynes.
The department did not address assertions by Murray Energy Corporation CEO Bob Murray in letters that Trump told him multiple times in July and August that he wanted Energy Secretary Rick Perry to invoke the emergency authority.
Tagged with: carbon • carbon dioxide • clean energy • climate • climate change • coal • energy • environment • epa • greenhouse gas emissions • renewable energy • Trump
California’s Cap-and-Trade Program Survives Legal Challenge
Last week, California’s Cap-and-Trade Program to reduce carbon emissions was handed a victory when a state appeals court ruled that program’s auction of emissions permits does not constitute an illegal tax because the program is voluntary and the emissions permits have value. In a 2–1 vote, the Court of Appeal for the Third Appellate District upheld the cornerstone piece of California’s climate change policy, siding with the program’s operator, the California Air Resources Board (CARB), by finding that the auction revenues are more akin to regulatory fees than a tax. The court ruled against the California Chamber of Commerce, a tomato processor, and the National Association of Manufacturers, all of whom alleged that CARB lacked legislative authority to create the auctions and that the emissions allowances amounted to a tax that would have required a two-thirds vote of the legislature.
California created the Cap-and-Trade Program as part of its program to meet its targets of reducing carbon emissions to 1990 levels by 2020 and to 40 percent below 1990 levels by 2030. The program requires factories, power plants, and other companies to buy permits to emit greenhouse gases. By putting a cap on carbon emissions and by creating a market for emissions permits, which covered entities can bank and sell if they don’t need them, the program aims to encourage pollution reduction at the least possible cost. Specifically, it allows businesses to determine whether their most cost-effective compliance option is to reduce their emissions or to pay to pollute, a flexibility that figured in the appeals court decision.
“Reducing emissions reduces air pollution, and no entity has a vested right to pollute,” the court wrote. “The purchase of allowances is a voluntary decision driven by business judgments as to whether it is more beneficial to the company to make the purchase than to reduce emissions.”
The court decision frees California to continue holding auctions through 2020 but does not eliminate all the uncertainty that has dampened demand for permits and reduced state revenues that have been used for programs linked to emissions reductions. Although the decision immediately gave carbon markets a boost, an oversupply of permits has kept them inexpensive at roughly $12.50 or $13.50 a metric ton. Experts say that price needs to reach $30 to $40 to properly incentivize new pollution control investments.
Whether emissions permits in a cap-and-trade system should be given away or sold by the government has long been debated by scholars, reports Inside Climate News. California companies had wanted permits to be handed out for free, but California chose to auction them and to use the revenue to help finance spending on energy efficiency and other parts of its climate agenda.
State lawmakers are presently debating whether to extend the Cap-and-Trade Program past 2020 to eliminate any additional uncertainty about the program.
U.S. Power Sector Shrinks Carbon Footprint in Record-Breaking Way
A continuing drop in coal use, along with relatively mild winter temperatures, drove a second consecutive year of reductions in U.S. power sector carbon dioxide emissions, according to figures released by the Energy Information Administration (EIA) on Monday. The EIA reported that those emissions dropped 1.7 percent, compared with the previous year. That reduction was largely attributed to an 8.6 percent drop in coal-related emissions, which was offset by increases in emissions from oil (1.1 percent) and natural gas (0.9 percent). Those figures added up to a record-breaking decrease in the power sector’s carbon intensity, a measure that relates carbon emissions to economic output.
“Overall, the data indicate about a 5 percent decline in the carbon intensity of the power sector, a rate that was also realized in 2015,” the EIA said. “Since 1973, no two consecutive years have seen a decline of this magnitude, and only one other year (2009) has seen a similar decline.”
“These recent decreases are consistent with a decade-long trend, with energy-related CO2 emissions 14 percent below the 2005 level in 2016,” the EIA added.
Whether the trend will continue will depend on several factors. Climate Central reports that utilities’ increasing switch from coal to less carbon-intensive natural gas is not a panacea for climate change, because extraction processes for natural gas emit methane, a greenhouse gas 34 times stronger than carbon dioxide over 100 years. Moreover, it’s unclear how the Trump administration’s push for fossil fuels development will play out. It may only delay the closure of coal-fired power plants slated for retirement if natural gas prices remain low. But carbon emissions could begin to rise again in the United States if demand for electricity and gasoline increases and if the average fuel economy of new vehicles does not increase.
The EIA reported that the only U.S. sector in which carbon emissions increased last year was transportation. Emissions directly from motor gasoline increased 1.8 percent. Notably, overall transportation sector emissions were higher than power sector emissions, a trend the EIA expects to continue until at least 2040.
Gorsuch Sworn in as Supreme Court Justice
After being confirmed Friday by a 54-to-45 vote—following Republicans’ invocation of the so-called nuclear option, which lowered the threshold on Supreme Court nominations to a simple majority vote—Colorado appeals court judge Neil M. Gorsuch took his oaths to be the Supreme Court’s 113th justice Monday. Gorsuch breaks the court’s perceived 4-4 ideological split since the February 2016 death of conservative stalwart Justice Antonin Scalia.
During his federal appeal court tenure, Gorsuch mirrored Scalia’s originalist approach to the law, interpreting the Constitution according to the meaning understood by its drafters. But he could envision his job in more “muscular” terms than his predecessor, according to The Economist. Of particular importance to climate policy is Gorsuch’s evident skepticism of the Chevron deference, whereby judges defer to an agency’s reasonable interpretation of federal laws when the law is ambiguous. The Chevron deference, as a principle, stems from a decision in a 1984 case that Chevron brought against the Environmental Protection Agency regarding its reading of the Clean Air Act. In last year’s Gutierrez-Brizuela v Lynch, notes The Economist, Gorsuch called into question the Chevron principle, writing that it allows agencies to “swallow huge amounts of core judicial and legislative power” and that it “concentrate[s] federal power in a way that seems more than a little difficult to square with the constitution of the framers’ design.” He suggested that it might be time to fundamentally rethink the Chevron principle.
Tagged with: cap and trade • carbon • carbon dioxide • clean air act • climate • climate change • energy • environment • epa • greenhouse gas emissions
Carbon Tax Not on Agenda for Trump
President Donald Trump is not considering a national carbon tax proposal that a group of Republicans discussed in February. A White House official told GreenWire in an e-mail that although the group of Republican leaders visited the White House to discuss their proposal that “the Trump Administration is not considering a carbon tax.”
The plan had called for an increase in the cost of fossil fuels to bring down consumption—suggesting a tax of $40 a ton that would increase steadily over time. Tax proceeds, they state, would be redistributed to consumers on a quarterly basis in what they call “carbon dividends” that could be approximately $2,000 annually for a family of four.
The Hill reports that White House advisors, along with National Economic Council (NEC) Director Gary Cohn, met with the group led by former Secretary of State James A. Baker III.
“Part of the NEC’s responsibility in coordinating economic policy for the president is to listen to a range of viewpoints on various issues,” said Lindsay Walters, a White House spokeswoman. “The Trump administration is not considering a carbon tax.”
Nominee for Supreme Court Sheds Little Light on How He Would Weigh Environmental Issues
The Senate hearing began this week for Judge Neil Gorsuch, President Donald Trump’s nominee to fill the Supreme Court seat left vacant in February 2016 by the death of Justice Antonin Scalia. How Gorsuch may weigh environmental issues is difficult to discern due to his slender case record on energy and climate topics.
“His record is kind of skimpy,” said Peter McGrath, a member of the Moore & VanAllen law firm based in Charlotte, North Carolina. “It’s hard to predict where he might rule.”
His third day of Senate testimony has revealed little about how Gorsuch might consider specific issues. He repeatedly said that it is his duty to “apply the law impartially.”
He has been skeptical of a judicial doctrine whereby government agencies’ interpretation of ambiguous statutes prevails unless it is unreasonable—the so-called Chevron deference. Chevron has become the basis of the legal argument for many environmental cases since the 1980s. But according to a concurring opinion Gorsuch wrote last year, the doctrine empowers bureaucrats to “swallow huge amounts of core judicial and legislative power” and to “concentrate federal power” in a way with which the framers of the Constitution would have disagreed.
On day two of his Senate hearing, Gorsuch may have partly clarified his stance on the legal doctrine.
“Scientists, biologists, chemists—the experts get great deference from the courts,” Gorsuch said. “The only question is who decides what the law is.”
The hearing for Gorsuch is expected to continue through Thursday and possibly into Friday. Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) said the plan is for the full Senate to vote on Gorsuch by Easter.
Complex Picture of Carbon Emissions Emerges; Record Temps Continue
Thanks to a combination of stricter emissions regulations, a decline in the use of coal, cheaper natural gas and a rise in clean energy, climate-warming carbon dioxide emissions—totaling 32.1 metric gigatons in 2016—have remained flat for the third consecutive year despite 3.1 percent growth in the global economy over the same period, the International Energy Agency (IEA) announced on Monday. The biggest drop came from the United States, where carbon dioxide emissions fell 3 percent, while the economy grew 1.6 percent. Carbon dioxide output also declined 1 percent in China, where the economy grew by more than 6 percent, showing that the world’s two largest energy users and carbon emitters may be able to balance economic growth with emissions reductions. The decreases offset increases in most of the rest of world.
“These three years of flat emissions in a growing global economy signal an emerging trend and that is certainly a cause for optimism, even if it is too soon to say that global emissions have definitely peaked,” said IEA Executive Director Fatih Birol. “They are also a sign that market dynamics and technological improvements matter.”
In 2016, renewables, particularly hydro, supplied more than half the growth in global electricity demand. The overall increase in the world’s nuclear net capacity last year was the highest since 1993, with new reactors becoming operational in China, the United States, South Korea, India, Russia and Pakistan. And coal demand fell worldwide but particularly in the United States, where it was down 11 percent in 2016 and where, for the first time, more electricity was generated from natural gas than from coal.
Although positive for air pollution, the emissions pause, said the IEA, is insufficient to keep global temperatures from rising 2 degrees Celsius, the cutoff that scientists say helps us to avoid the worst effects of climate change. Transparent, predictable policies are needed worldwide to ensure temperatures do not rise above 2 degrees Celsius.
The National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration on Friday announced that last month’s average global temperature was 1.76 degrees Fahrenheit above the 20th-century average of 53.9 degrees Fahrenheit, making February 2017 the second warmest, behind last February, in 137 years of record keeping.
On the heels of this announcement, the annual State of the Global Climate report from the World Meteorological Organization (WMO) also showed that 2016 was the warmest year on record. The El Niño weather phenomenon contributed 0.1 to 0.2 degrees to the longer-term warming driven by carbon dioxide emissions.
“The year 2016 was the warmest on record—a remarkable 1.1 degrees Celsius above the pre-industrial period, which is 0.06 degrees Celsius above the previous record set in 2015,” said WMO Secretary General Petteri Taalas. “This increase in global temperatures is consistent with other changes occurring in the climate system. Globally averaged sea surface temperatures were also the warmest on record, global sea levels continued to rise, and Arctic sea-ice extent was well below average for most of the year.”
According to WMO, provisional data also indicates that there has been no easing in the rate of increase in atmospheric carbon dioxide despite the fading of 2016’s strong El Niño conditions, a phenomenon in the Pacific that increases global temperatures and affects weather patterns.
“Even without a strong El Niño in 2017, we are seeing other remarkable changes across the planet that are challenging the limits of our understanding of the climate system,” said David Carlson, director of the World Climate Research Programme. “We are now in truly uncharted territory.”
The WMO says the Arctic has experienced the “polar equivalent of a heatwave” at least three times this winter, while Antarctic sea ice has been at a record low.
Tagged with: carbon • carbon dioxide • carbon tax • Clean Power Plan • climate • climate change • Donald Turmp • energy • environment • greenhouse gas emissions • NASA • NOAA • renewable energy
Congressional Review Act Used to Repeal Energy Disclosure Rule as Trump Cabinet Members Await Vote
On February 16, 2017, in Uncategorized, by timprofeta
The Congressional Review Act was used to repeal a rule that forced energy companies on the U.S. stock exchanges to disclose the royalties and other payments that oil, natural gas, coal and mineral companies make to governments in an effort to fight corruption in resource-rich countries. President Donald Trump signed legislation to scrap the rule, implemented by the Securities and Exchange Commission under the Dodd-Frank Wall Street Reform and Consumer Protection Act, on Tuesday.
“This is one of many,” Trump said after the signing of H.J. Res. 41. “We have many more left. And we’re bringing back jobs big league.”
The repeal of the Obama-era rule was made possible through the rarely used Congressional Review Act, which allows Congress a small window to scuttle regulations before they take effect with a simple majority vote and blocks regulators from writing similar rules in the future unless Congress authorizes them through subsequent legislation. Given the infrequency with which the Congressional Review Act has been used, however, legal uncertainty hangs over how the government approaches a statutorily required regulation that is overturned through the Congressional Review Act. Before Trump took office, the Congressional Review Act had been used only once, in 2001, to overturn a Clinton administration ergonomics rule.
So far, the House has moved to repeal eight other rules, including a rule restricting coal companies from dumping mining waste into streams and one curtailing methane waste from oil and gas drilling on public lands. The Senate could consider the latter, H. J. Res. 36, which would rescind the Bureau of Land Management’s Waste Prevention, Production Subject to Royalties, and Resource Conservation rule, this week. Also this week, Trump could sign a separate resolution scrapping the U.S. Department of the Interior’s Stream Protection Rule, enacted to protect 6,000 miles of streams and 52,000 acres of forests.
Meanwhile, Senate Majority Leader Mitch McConnell filed cloture Monday for six of Trump’s cabinet nominees, allowing them to come before the full Senate for a vote. Trump’s environment-focused nominees—Ryan Zinke (U.S. Department of the Interior) and Rick Perry (U.S. Department of Energy), are presently on hold. Some reports say Zinke’s confirmation may not be until March.
Although a Senate vote for Trump’s pick to lead the U.S. Environmental Protection Agency was expected this week, Senate Democrats requested Scott Pruitt’s vote be delayed due to a pending court case regarding e-mail records. There is no indication at this point that the vote will be delayed, however.
“These records are needed for the Senate to evaluate Mr. Pruitt’s suitability to serve in the position for which he has been nominated,” the Democrats wrote.
Sea Ice Continues to Shrink at Both Poles; Study Examines Method to Refreeze
Sea ice at the north and south poles continues to reach record low levels. In Antarctica, sea ice has shrunk to its lowest level since record keeping began in 1979—contracting to 2.287 million square kilometers. The average between 1981 and 2010 was more than 3 million square kilometers.
Sea ice in the Arctic is also tracking low—13.9 million square kilometers compared to the 30-year average of 15.2 million square kilometers.
“No one knows for sure what will happen, as there might be a rebounding from the very large decreases last year, or there might be a continuation of those decreases,” said Claire Parkinson, a NASA sea ice researcher. “Whichever way it turns out, the added information will probably help scientists to get a better handle on the likely causes.”
A new study published in Earth’s Future, the journal of the American Geophysical Union, suggests that it may be possible to refreeze ice in the Arctic, building back up record-low ice levels.
“This loss of sea ice represents one of the most severe positive feedbacks in the climate system, as sunlight that would otherwise be reflected by sea ice is absorbed by open ocean,” authors write. “It is unlikely that CO2 levels and mean temperatures can be decreased in time to prevent this loss, so restoring sea ice artificially is imperative.”
The authors examine a means for increasing sea ice production using wind power to pump water from the ocean and spray it on the surface during Arctic winters. Because the mean annual thickness of Arctic ice is approximately 1.5 meters, the authors say, this plan could increase the thickness of the ice by about 70 percent over the course of a winter—enough to counteract the 0.58 meters lost each year due to the changing climate.
“Thicker ice would mean longer-lasting ice. In turn, that would mean the danger of all sea ice disappearing from the Arctic in summer would be reduced significantly,” said Arizona State University’s Steven Desch, an author of the plan to use 10 million wind-powered pumps.
Human Activities Dwarf Natural Forces When It Comes to Climate Change Impacts
Two researchers who examined the Earth as a single complex system say they have captured in a one equation the impact of human activities. Those activities, specifically, the emission of greenhouse gases, are causing the climate to change 170 times faster than natural forces.
The study, published in the journal The Anthropocene Review, represents that exceptional rapid rate of change in an “Anthropocene equation.”
Explaining the equation in New Scientist, co-author Owen Gaffney of the University of Stockholm said it was developed “by homing in on the rate of change of Earth’s life support system . . . For four billion years the rate of change of the Earth system has been a complex function of astronomical and geophysical forces plus internal dynamics: Earth’s orbit around the sun, gravitational interactions with other planets, the sun’s heat output, colliding continents, volcanoes and evolution, among others.”
“In the equation, astronomical and geophysical forces tend to zero because of their slow nature or rarity, as do internal dynamics, for now,” Gaffney added. “All these forces still exert pressure, but currently on orders of magnitude less than human impact.”
Gaffney said that although complex interactions between the Earth’s core and the biosphere had rendered Earth relatively stable over millions of years, human societies would be unlikely to fare so well. The research concluded that failure to reduce anthropological climate change could “trigger societal collapse.”
Tagged with: Antarctica • arctic • carbon • carbon dioxide • climate • climate change • donald trump • energy • environment • epa • greenhouse gas emissions • obama
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Sporty Entertainment
I’m Happy I Did NOT Join Barcelona – Di Maria
Angel Di Maria says he is happy he did not join Barcelona when they tried to buy him from Paris Saint-Germain three years ago.
The Argentine winger joined PSG from Manchester United in 2015 but was linked to the Spanish outfit after Neymar moved in the opposite direction in a world record deal in 2017.
The Catalan side ended up signing Ousmane Dembele from Borussia Dortmund after their efforts to sign Di Maria collapsed and the former Real Madrid attacker is glad the club decided not to sell him.
“I was very happy in Paris, but people at the club at the time told me some things, which turned out to be lies in the end,” he told L’Equipe.
“Barca tried to get me to come. The two clubs discussed it, but PSG did not want to sell me and it ended there.
“These lies annoyed me a lot but, in the end, not leaving was a good thing because I am very happy in Paris today.”
The 32-year-old’s contract expires in 2021, but he hinted that he will extend his deal as he wants to see out the remainder of his career with PSG.
“I want to end my career in Europe with PSG is the only thing I want and have in mind,” he added.
“I’m happy here, my family is too. As for the rest, I don’t know for the moment. No discussions have been initiated and this is not my intention at this time. I want to focus on the field, the rest will come later.”
Tags: Angel Di Maria
We Are Looking At New Ideas – Man United Manager Solskjaer
Tottenham Will Benefit From Lack
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The South West Nuclear Hub provides a focus for civil nuclear research, innovation and skills in the South West of the UK, bringing together a strategic alliance of academic, industrial and governmental members.
“The Hub brings together a unique pool of specialist talent and expertise that can be tapped into by industry; in turn industry helps us to ensure that our education and research stays at the cutting edge and has a positive impact on society.”
Professor Tom Scott, Co-Director of the South West Nuclear Hub
The South West Nuclear Hub is helping to realise the zero-carbon economy of the future. This alliance of academic, industrial and governmental institutions in the south west is pursuing research, innovation and skills in support of nuclear energy for electricity and other high-value products such as heat and Hydrogen.
The South West nuclear landscape. Credit: Nuclear South West
The Hub’s objectives are to:
Consolidate an academic alliance that is nationally and internationally recognised for the quality and impact of its nuclear research, innovation and teaching.
Ensure recognition by government and industry that the South West is home to a globally competitive nuclear research and innovation ecosystem, catalysed by major nuclear projects.
Coordinate applied research outputs from Universities so that they form part of a complete regional technology development pipeline.
Ensure that the south west of the UK is an internationally recognised centre of skills provision in an area of strategic importance to the UK, with higher-level skills training undertaken by Universities in the Hub connected to vocational education through the National College for Nuclear.
Act as a single front door for the nuclear expertise in the region, complementing the Nuclear South West cluster.
Foster collaboration between the University of Bristol’s Cabot Institute and the Hub as an internationally recognised vehicle for thought leadership on nuclear technology and its role in a zero-carbon future global economy.
The Hub strategy is based on four key pillars:
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Ghada's SoapBox
~ A socio-political critic's variety show
The Electric Universe Theory: A More Tenable Explanation of the Nature and Development of the Universe?
Posted by Ghada Chehade in Electric Universe, Philosophy, Science
NOTE: To Read My EU 2016 Performance Poem Paradigm Shift click here
It is interesting how our childhood hobbies and passions sometimes accidentally find us in adulthood. When I was very young I was fascinated by cosmology. I wanted to know everything I could about the origin and development of the universe (though I probably did not call it the universe back then). Basically, I was interested in the big questions: What is this thing we all experience; how did it come about; what is the driving force, etc? These questions are as much philosophical as they are scientific. Indeed in the times of the ancient Greeks, philosophy and science were the same discipline. I retained my fascination with the nature of the universe into high school and university and also wondered if cosmology could explain some of the inexplicable phenomenon I had experienced over the years (precognitive dreaming, etc), but because I was not very good in math I focused on the social sciences instead.
Today I have a BA and MA in the Social Sciences and a PhD in the Humanities and center most of my writing and research on socio-political analysis. However, I’ve held onto my philosophical interest in cosmology throughout the years and reading about it has been kind of a side passion for me. While I do not have a scientific background, the current mainstream cosmology, which is based on the Big Bang, gravity and Einsteinian relativity, always seemed lacking in some way. It does not seem to provide a very tenable explanation of the universe and many of its suppositions are still shrouded in mystery; things like black holes, wormholes, dark matter, and dark energy all seem to generate more questions than answers.
Mainstream science suggests that we cannot understand these things because, unlike Einstein, we are not geniuses. Black holes, dark matter, and all the other speculative elements of gravitational cosmology are simply too complex for non-genius minds to comprehend. Einstein has become synonymous with genius, and the cult of Einstein makes it almost impossible to question his theories of relativity and his mathematics. Yet Einstein never proved his theory of general relativity and, to this day, high school students are taught Newtonian gravity and mechanics (meaning classical gravity).
But gravity as the driving force of the universe has come to be challenged with the space age (and the advent of new technology) and the confirmation of a force billions of times stronger than gravity. That force is electricity. The space age has allowed us to directly observe and sense (with sensors that are actually out in space) the universe in a way that we previously could not. Some scientists argue that the key to understanding objects in deep space and the workings of the physical universe is electricity/electromagnetism (and plasma), not gravity.
The space age has opened up a whole new universe and we need new theories to explain it. Plasma science and the electric universe theory posit a new theory of the universe that, according to one of its founding scientists, Wallace Thornhill, gives a more connected view of the universe: “It says that we are a part of…the sun’s… electrical environment and the sun is a part of the galactic environment. And the galaxy iself is strung, like all galaxies, on huge electric currents flying through the universe” [1]. One of the questions that plasma or electric cosmologists often get is how do you know that there is electricity (and energy) out in space and why should we consider anything other than gravity? Basically, can you prove or demonstrate the electricity of the universe?
Modern technology is making it possible to begin to do just that. As Professor of Electrical Engineering, Don Scott, explains, radio telescopes (which are different than optical telescopes) “broaden the spectrum that we can look at the sky with.” And these radio telescopes “can measure electric currents and magnetic fields and we can determine from those measurements the strength of the electric currents and the amount of energy that is stored out there in space” [2]. I am not a scientist, but these developments seem to suggest that, at the very least, mainstream cosmologists and astrophysicists should be open to considering new ideas and to the possibility that gravitational cosmology may not have all the answers or provide the most comprehensive and comprehensible explanation of the universe and, therefore, requires revision.
I now return to how my childhood fascination with cosmology found me again as an adult. Several years ago I began reading about the electric universe theory (EUT). As a social and political analyst (and a former anti-establishment activist) that has long questioned–and challenged–existing dominant paradigms and narratives, the EUT’s alternative cosmology resonated with me right away. The intellectual connection to the electric universe theory was automatic and I set out to learn more about it. At the same time, and this may sound a bit strange, the electric universe was making it self “known to me” years before I had ever heard of it. For many years I had been having a reoccurring dream in which I saw what I describe as a “spiraling hour glass” formation. In that dream, I am looking at this strange symbol and I say to another person in the dream (the same person that would actually introduce me to the electric universe theory in real life a few years later) that, “we have misunderstood the world.” I never knew what the dream meant but the dream felt significant in some way, not least because it was recurring.
A few years after I first had the dream, I was introduced to the electric universe theory by my partner; through the documentary “Symbols of an Alien Sky.” In that documentary I saw the exact same symbol from my dream: the spiraling hourglass formation. It is what the electric universe people call the “thunderbolt of the gods” because it is a symbol that occurs in ancient mythology and ancient rock etchings all over the world. This same symbol also appears in electrical plasma formations in deep space (pictured above) that can be seen using space age technology. It may sound strange or non-academic, but when I saw the same image from my recurring dream in the documentary I knew that the electric universe was something I was being “called” to explore. Here is the image in a nebula in space [3] and in an ancient mythological artifact:
I had a couple other strange occurrences and synchronicities (related to electricity experienced in nature) that led me to write some electric-universe inspired poetry (though I did not know it at the time). As some of you may know, I’m also a performance poet and spoken word artist, another childhood passion (performance art) that found me again in adulthood. I recently shared one of my poems, Electric Sky, with the organizers of this year’s Electric Universe Conference and was unexpectedly, and very happily, invited to present some poems at the conference. And so it is that while I shied away from studying cosmology in my youth, I presently find myself in Arizona to present EU-inspired writing and poetry at one of the most important and exciting emergent cosmology conferences of our time.
I will be writing a follow up article after the conference. I will also be posting the poems that I am presenting. In the meantime, I encourage anyone interested in an alternative and arguably more tenable explanation of the cosmos to explore the Electric Universe theory:
http://www.thunderbolts.info
[1] Wallace Thornhill, Physicist and Electronics specialist. Speaking in https://www.youtube.com/watch?v=5AUA7XS0TvA
[2] Don Scott, Professor of Electrical Engineering. Speaking in https://www.youtube.com/watch?v=5AUA7XS0TvA
[3] It is interesting to note that electric universe scientists describe this plasma and gas based nebula as an “hourglass structure,” the same terminology I used to describe the structure in my dream long before I heard of the EUT.
4 thoughts on “The Electric Universe Theory: A More Tenable Explanation of the Nature and Development of the Universe?”
Margaret Hoff said:
I could say something very similar! Thank you!
Ghada Chehade said:
Thanks for reading Margaret!
Louis Charles Morelli said:
Slow down, Ghada…Electricity could be the product of friction of light waves passing through the space substance (dark matter, ether,etc), creating our material world (mass+energy). If so, the real essence that has all answers is not the effect (electricity,energy,) but… the light waves. Do you know that a natural light wave propagates by the same force that yours own body propagates ( grows in time and space)? Go to my website and see the electromagnetic spectrum described in the same way that we can describe the history of yours body life.
Of course, that when we leave the gravity universe for entering into the electric universe, we will learn lots more because electricity is next to the thru (light) than gravity.
The hour glass dynamics and structure is fundamental for understanding lots of things, more than light itself can say to us. Because the natural light waves are produced and ends as hour glasses. If you don’t know it, please, search the fundamental understanding about hour glass in the Physics of the Nobel Prize Hideki
Yukawa, explaining how is the glue between protons and neutrons at atomic nuclei.
But you can understand his hard technique description by merely using yours two hands. And you will see the image of yours insightful dreams.
Put yours two hands facing yours eyes. One hand is totally opened, the other is totally closed, like a point. The opened hand means a balloon full of energy (a hour glass full of sand). Then, the energy begins to escape at the direction of the closed hand. So, the opened hand begins to close because is going empty of sand (energy), and the closed hand begins to open, because is receiving energy.
Finally you have the inverted situation, right? In this way, when the proton is full it sends a signal of energy called pion towards the neutron, which has no energy. When the neutron receives all energy, it becomes a proton and the past proton now is a neutron.The whole matter in this Universe composed by atoms is supported by this tiny mechanism.
So, at the beginnings of this Universe there was the space and popping up these balloons full of energy at the side of points absent of energy. There was no matter because these “balloons” have short life. But when a full ballon joined with an almost dying point-balloon, they created the pion mechanism and voila – matter was manifested.
You need to understand that those balloons can be seen as spirals vortex, because the energy escapes spiraling like waves. And when this vortx are fragmented they becomes light waves. When a light wave ends, it is fragmented into photons. The photons try to reproduce a light wave creating dark energy or negative energy till re-composing the initial vortex. The hour glass.
Finally, if the Matrix/DNA Theory is right, the light waves produce at the Big bang had the code for life and all natural systems, till atoms and galaxies. It is like a genetic-computational program> Which suggests that in this Universe is occurring a natural process of genetic reproduction of the “thing that created it”. You can call it God, or a single natural system with consciousness, but everything here is natural, there is no magics. I will follow the development of the EU Theory with attention because they can get good data and expanding our knowledge… towards the last and superior instance: light waves and their ex-machine vortexes.
panorpheusbooks said:
I have experienced many of the experiences and feelings that you describe so well and beautifully in the article. The exposure to EU thinking has influenced my writing because I basically use two characters…one is a Delphic Oracle, Theoclea, who represents ‘the seeing’ (as in your dream) and Pythagoras, a scientist/philosopher who represents ‘the knowing’. One without the other can only go so far. The ‘seer’ seeks the ‘knowing’, the ‘knower’ is often half-blind, seeking the ‘seeing’. Together they achieve more than either one could acheive alone. In my Delphic Oracle books I explore this in alternate History/fantasy, ind in my Source and Mage, Songs and Stories books I continue the exploration in a fictional Science Fiction/Steampunk-influenced Afterlife. I write under the pen name PanOrpheus. That feeling of the knowing and seeking coming together to form something greater has been described by many people who suddenly find the Electric universe paradigm. For me it was the start of a new exploration. Apart and alone, on many many levels, the coming together of the two paths has been but the start of an exciting journey!
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Tell Me Your Story
Stories of Strangers
Formula One Credit Agreement
Posted by Alexander Yellen on April 9, 2021
Posted in: Uncategorized.
In June 1999, the European Commission announced that it would examine the FIA, FOA and Communicators International Sportsworld on the issue of abuse of dominance and restriction of competition. [6] ECC, owned by Ecclestone, signed a 14-year contract with the FIA in 1996 for the exclusive rights to broadcast 18 FIA championships. These include a $2.9 billion loan and a $500 million revolving line of credit available to the competition. Under the new conditions, leverage will not apply until January 1, 2022. U.S. media giant Liberty Media, the parent company of Formula 1, has agreed with its subsidiary Delta Topco Limited, which owns all shares in the sport, to refinance conditions. For more information about Formula 1® visit www.formula1.com. This press release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including the benefits of changing the term credit facility and revolving credit, the schedule of Formula 1 races, compliance with certain conditions and other non-historical facts. These forward-looking statements involve numerous risks and uncertainties that could cause actual results to differ materially from those expressed or implied in such statements, including, but not limited to possible changes in market acceptance of new products or services, changes in legislation and their application, regulatory issues relating to Formula 1 activity , and the effects of the new coronavirus pandemic (including general market conditions and The capacity of Formula 1). , live events and fan visits at these events). These forward-looking statements relate only to the date of this press release and Liberty expressly disclaims any obligation or obligation to disclose any updates or changes to any forward-looking statements contained in the statement, in order to reflect any change in Liberty`s expectations regarding this or that statement. Please note Liberty`s publicly presented documents, including the latest Annual Report on Form 10-K and quarterly reports on Form 10-Q, for risks and uncertainties related to liberty business that may influence the statements contained in this press release.
Formula 1 conditions include the maintenance of $200 million in minimum liquidity (including unlimited cash assets and cash equivalents and available revolving credit facility commitments), as well as certain restrictions on dividends, other payments and the appearance of additional debts. Formula 1 reserves the possibility of resuming the obligation to comply with the net leverage financial pact before 1 January 2022 and, in this case, the corresponding additional conditions no longer apply. To date, the first revolving credit facility worth $500 million has not been used. Delta Topco Limited and its subsidiaries are charged to the Formula 1 group, as well as the debts described above. ENGLEWOOD, Colo.–(BUSINESS WIRE)-Liberty Media Corporation (“Liberty”) (Nasdaq: LSXMA, LSXMB, LSXMK, BATRA, BATRK, FWONA, FWONK) announced today that it intends to launch a refinancing procedure for the first mortgage of $3.302 million for certain subsidiaries of Delta Topco Limited, the subsidiary of Liberty, which owns all of its shares in Formula 1. In parallel with the refinancing, Delta Topco Limited`s affected subsidiaries intend to repay up to $400 million of the first loan for the duration of the equity loan, using a combination of excess cash on the balance sheet and loans under the pfand`s first revolving credit facility, provided the necessary approvals and financing of the loans in question are obtained.
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Alexander Yellen’s PRX page
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Scrutiny Panels and Committees
By review status
Report published
By committee/panel
Health and Social Security Panel
From Month January February March April May June July August September October November December Year 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 To Month January February March April May June July August September October November December Year 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994
Filtering by: Year, review status, committee/panel
Review: Review of Benefit Levels
Review date: 09/10/2009
Review status: Report published
Final report: Report - Review of Benefit Levels and Income Support - 28 March 2011
Review: Review of Income Support and Benefit Levels
Final report: Review of Income Support - Report - 10 July 2009
Review: Coordination of services for Vulnerable Children
Final report: Coordination of Services for Vulnerable Children Sub-Panel Review - Report - 27 July 2009
Review: Income Support
Final report: Report - Review of Income Support - 10 July 2009
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MARIN CILIC ACCEDE AL SECONDO TURNO DEL TORNEO DI ROTTERDAM on Flickr by Tennis Streaming under CC2.0
On the ATP World Tour, Russia hosts two important tournaments during the tailend of the season, each of which rewards its victor with 250 ranking points. These events are held at St. Petersburg and Moscow and both are over two decades old. In 1990, by the efforts of tennis promoter Sasson Khakshouri, the Kremlin Cup became Russia’s first ever International Tennis tournament and five years later, the St. Petersburg Open followed it in the same distinction.
As far as the surface is concerned, the Kremlin Cup was played on carpet up until 2007, after which it was permanently played on hard court. However, St. Petersburg had a frequent seesaw between hard and carpet courts. From 1995-1999 and 2004-2007, it was played on carpet whereas in the remaining years up until recent times, it is played on hard surface. The Petersburg Sports and Concert Complex was home of the St. Petersburg Open up until 2013. The competition was not held in 2014 and after that the Sibur Arena became the new battleground for claiming the title at St. Petersburg Open. Only four players have been able to win titles at both St.Petersburg and Moscow. Of those, only one has won both the tournaments in the same calendar year.
1. Yevgeny Kafelnikov
In the inaugural edition of the St. Petersburg Open, former World No.1 and two-time grand slam champion Yevgeny Kafelnikov was the top seed for the event. Kafelnikov reached the final, dropping only one set en route and faced unseeded player Guillaume Raoux for the title. Kafelnikov defeated him 6-2 6-2 to win the first ever St. Petersburg Open and his then fifth career title overall.
The following year, Kafelnikov returned to the final of the St. Petersburg Open but lost to Magnus Gustafsson in straight sets. Later that year, Kafelnikov reached the final of the Kremlin Cup for the first time in his career. There, he was defeated by Goran Ivanisevic 3-6 6-1 6-3. In 1997, the Russian made it to the final of the Kremlin Cup yet again. This time he won the title, defeating Petr Korda 7-6 6-4. But that was not all the glory that Kafelnikov achieved at the Kremlin Cup. From 1997 to 2001, he won five consecutive titles and is until now the most successful player at Moscow.
2. Mikhail Youzhny
In 2004, three of the top five seeds at the St. Petersburg Open were Russians – Marat Safin (1), Mikhail Youzhny (4), Nikolay Davydenko (5). Top seeded Marat Safin bowed out in the quarter-finals, losing to Michael Llodra. Nikolay Davydenko would fall to Karol Beck in the second round, who would later defeat Michael Llodra in the semi-finals to set up a clash with Mikhail Youzhny for the title match. Except for his quarter-final win against Julien Benneteau, Youzhny had dropped a set in each of his matches en route the final. However, in the final, the Russian would defeat his Slovak opponent 6-2 6-2 to win his first title at St. Petersburg.
Five years later, Youzhny was seeded third at the 2009 Kremlin Cup where his compatriot Nikolay Davydenko was the top seed. Davydenko lost in the opening round against unseeded player Marat Safin, who was then bundled out in the next round by Evgeny Korolev. Mikhail Youzhny cruised into the final without dropping a set and would face Janko Tipsarevic for the championship. The Serb would take the opening set in a tiebreaker that he won 7-5. However, Youzhny came back to take the final two sets 6-0 6-4 and became only the second player and also the second Russian to win titles at least once at St.Petersburg and Moscow. Youzhny’s win at St. Petersburg in 2004 and at the Kremlin Cup in 2009 is also the last time that a Russian won these two tournaments.
3. Marin Cilic
In 2011, Janko Tipsarevic won the Kremlin Cup, defeating compatriot Viktor Troicki in the final. In the following week, Tipsarevic reached the final at St. Petersburg and was attempting to become the first player to win titles at St. Petersburg and Moscow in the same calendar year. Gilles Simon was the top seed for the event but lost to fellow Frenchman Adrian Mannarino in the opening round. Fourth seed Marin Cilic defeated the fifth seeded Mikhail Youzhny to reach the final. On the other side of the net, Cilic was up against Tipsarevic who had dropped only a single set in the entire week. However, Cilic defeated Tipsarevic 6-3 3-6 6-2 to win his first title at St. Petersburg.
In 2007, Cilic was defeated in the Round of 16 at the Kremlin Cup. Years later in 2014, he made a second appearance at Moscow. He was the second seed of the event and was a favourite for the title after top seeded Milos Raonic was defeated by Ricardas Berankis in the opening round. Cilic reached the final dropping only two sets and was up against Roberto Bautista Agut in the final, who was yet to drop a set in the tournament. Cilic won the match 6-4 6-4 and became the third player and the first non-Russian player to win titles at St. Petersburg and Moscow. Cilic and Bautista Agut would contest the final the following year and the Croatian would win with the same scoreline to successfully defend his title.
4. Damir Dzumhur
In 2017, with strong competitors like Roberto Bautista Agut, Jo-Wilfried Tsonga and Fabio Fognini in the draw, it was Bosnia & Herzegovina’s Damir Dzumhur who was the surprise element in the St. Petersburg Open. Second seed Tsonga lost to Jan-Lennard Struff in the quarter-finals. In the semis, Struff was up against Dzumhur, who had upset sixth seed Paolo Lorenzi in the opening round. Dzumhur defeated Struff 6-3 7-5 to reach the final. Top seed Bautista Agut and third seed Fognini decided the outcome of their match in three sets as the Italian eventually won 2-6 7-6 7-6. In the final, Fognini would begin strongly, taking the opening set 6-3. However, Dzumhur would stage a massive fightback, which ultimately resulted in Fognini losing the final two sets 6-4 6-2. Damir Dzumhur had won his first ever ATP World Tour level title.
A month later, Dzumhur was seeded sixth for the Kremlin Cup. He reached the semi-finals and defeated countryman and qualifier Mirza Basic 6-0 7-6. Basic had defeated Daniil Medvedev in the quarter-finals who had in turn defeated top seed Pablo Carreno Busta in the second round. Ricardas Berankis had entered the tournament with a protected ranking and had made the most of it, defeating third seed Adrian Mannarino in the semi-finals. Mannarino had won against lucky loser Alexander Bublik in the quarter-finals who had ousted second seed Albert Ramos Vinolas in the second round. In the final, Dzumhur defeated Berankis 6-2 1-6 6-4 to become the first man to win the titles at St. Petersburg and Moscow in the same calendar year.
The only Masters 1000 tournament played in Asia will commence its 10th edition on October 7th at ....
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Early 4th-Quarter FG Drive Exemplifies Steelers’ Struggles Stopping The Run
There has rightfully been a lot of attention paid to the Pittsburgh Steelers’ run defense, not just this week, but on the season, after having allowed two teams to rush for over 200 yards on them, both in their two losses on the season.
One of the topics that has been brought up is the fact that the Jaguars’ rushing statistics at the end of the game were heavily distorted by a 90-yard run by Leonard Fournette that came late in the game while the result was pretty much already in hand.
No doubt that run heavily distorted the rushing numbers on paper. That is just undeniable. Prior to that run, the Jaguars gained ‘just’ 141 rushing yards, but they did it on 36 carries, and they were averaging about 3.9 yards per carry. That’s still not far from terrible, but it’s a big difference in comparison to the 6.2-yard average they ended up with. It was carries 23 through 34, however, that really did the damage and helped seal the game.
Late in the fourth quarter, the Steelers were looking to drive, down 11 points. They were able to get to about midfield before they were stopped, taking a sack on third and long. But they, at least, flipped the field, and were able to pin the Jaguars deep at their own four-yard line.
So, sure, they were down 11 points. That’s not good. But after a punt opening the fourth quarter, they had 14:50 left to play in a two-possession game, and had just pinned their opponent deep in their own end. It could have been a lot worse. And they held Fournette tot just one yard on first down.
But then he ran off left guard for 13 yards. And on the next play, he pounded it up the middle for 11 yards. And just like that, two minutes were off the clock and they were at their own 29-yard line with some space to breathe.
One would think that the defense could have regathered themselves, and it looked like perhaps they had. They gave up just a yard on first down, though another six on second down. But it was third and three, and the Jaguars were going to run the ball. You have to make the stop against the run on third and three with your offense needing the ball back.
They didn’t, of course, and Chris Ivory checked in for the three-yard gain off left tackle and a new set of downs. That was the only third-down play they would have to face outside of field-goal territory. Two of the next three runs went for 12 and then 19 yards, putting the ball on the Steelers’ 28-yard line.
The defense after that ultimately gained a yard, and it ended up being fourth and 11, but the Jaguars connected on a 47-yard field goal, making it a 14-point lead. But even more damaging was the eight minutes that the drive consumed because they, at the worst possible time in the game, could not stop the run.
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Tag Archives: instruction of an expert
“An unhelpful cocktail”
The interesting case of Re A (A Child) 2013.
The Court of Appeal dealt here with a case where some pretty appalling case management occurred with the appellants legal team, and whether a costs order should flow from that. They determined that in the absence of being able to show that costs had been incurred by the other parties for which they could be compensated, one could not make a wasted costs order purely as a punitive measure, no matter how awful the litigation conduct.
But it is worth looking at the litigation conduct, just because it is a dull day indeed when one isn’t interested when “I could a tale unfold whose lightest word would harrow up thy soul, freeze thy young blood, make thy two eyes like stars start from their spheres. Thy knotted and combined locks to part, and each particular hair to stand on end. Like quills upon the fretful porpentine…. “
Lo, the case is here:-
The appeal related to a serious finding of fact hearing in care proceedings, a significant number of fractures on a very young baby, where the Judge found that these were caused non-accidentally.
Some time after those findings, the solicitors representing the parents became aware of the decision in London Borough of Islington v Al Alas and Wray [2012] EWHC 865 (Fam) and legitimately considered the findings again in the light of that case, particularly whether there was an alternative medical explanation along the lines of vitamin D deficiency and rickets.
They sought leave to appeal from the trial judge, who refused.
They then applied to the Court of Appeal, primarily asking whether leave to instruct an expert to look at the case was required. The Court of Appeal considered the case, felt that a fresh expert assessment was desirable and granted that leave, then listing a Permission to Appeal hearing to take place after the expert assessment could be considered.
All of that is perfectly fine and proper.
[I blogged about that appeal hearing HERE https://suesspiciousminds.com/2012/11/22/more-on-vitamin-d-and-rickets/
In short, the Court of Appeal did not consider that the Judge at first instance was wrong, let alone plainly wrong, and that the medical evidence, including the fresh report came nowhere near substantiating a medical explanation for the fractures. ]
But this particular judgment comes about as a result of the Local Authority and Guardian feeling so aggrieved by the parents litigation conduct that they asked for a costs hearing.
This is why :-
6. a) At the first, without notice, oral hearing the solicitors failed in their duty to provide the court with full and frank disclosure of all relevant material. In particular the bundle submitted did not include the original fact finding judgment or the section of the trial bundle that included the expert medical evidence;
b) The court was misled by an assertion in the grounds of appeal that the solicitors had had to prepare the case in a limited time period, whereas the reality was that they had the papers in the case for 18 weeks prior to filing their grounds of appeal;
c) After the September hearing the solicitors failed to disclose any relevant and necessary information to the Local Authority and the solicitors for the child until 16th October. The information withheld included a note of the 19th September hearing, the letter of instruction to Professor Nussey, Professor Nussey’s report (which had been received on 3rd October), the progress report sent by the parents’ solicitors to the Court of Appeal on 3rd October in accordance with my direction and any detail of the extensive supplementary questions and communications passing between the parents’ solicitors and Professor Nussey;
d) Professor Nussey was not instructed in a manner that would comply with the Family Procedure Rules 2010, Part 25 and the associated Practice Direction governing the instruction of experts. In particular, the Professor was not furnished with a copy of the 2010 fact finding judgment and/or the expert medical reports upon which the judge had relied. Instead the Professor was, for example, provided with the parents’ solicitors’ critique of that judgment setting out some 26 points which they said supported a benign medical explanation for the fractures that had been detected;
e) Once Professor Nussey’s report was available to the parents’ legal team, a clear view should have been taken that there was no longer any prospect of achieving permission to appeal. The decision to press on and mount arguments which this court ultimately found were unsustainable, went beyond the bounds of pursuing a hopeless case and amounted to an abuse of the court process.
Ms Jo Delahunty QC, representing the child, supports the criticisms made by the Local Authority and seeks to stress the substantial degree to which, in her submission, the parents’ solicitors fell short of their duty to comply with the ordinary standards of transparency and co-operation required of those engaged in child protection proceedings in the Family Division. In particular, she points to the fact that the non-disclosure for nearly a month of information relating to the without notice hearing in September was not a result of inefficiency or incompetent administration, but arose from the deliberate assertion by the parents’ solicitors that the other parties were simply not entitled to any of this material unless and until permission to appeal is granted. She is also particularly critical of the way in which the expert was unilaterally lobbied by the parents’ legal team with, it is suggested, the aim of turning his initial adverse opinion into one which was more favourable to their case.
In addition to the criticisms made of the litigation actions in the period between 19th September and 1st November, both counsel for the Local Authority and counsel for the child draw the court’s attention to the stance taken by the parents’ representatives at this hearing. Mr Prest drew attention to what he regarded was the startling difference between the world view in relation to these matters taken by the parents’ representatives and the reality of the approach required by the Family Justice System. In similar terms Ms Delahunty submitted that, in seeking to explain their behaviour and avoid adverse criticisms, counsel for the parents’ solicitors, Mr Michael Shrimpton, in his skeleton argument, was simply not speaking in the same language as the lawyers representing the Local Authority and the child. In particular Ms Delahunty points to the fact that, rather than offering an acceptance of poor case management and an apology to the court, Mr Shrimpton’s skeleton argument seeks to meet each of the matters raised head on and to question their validity. For example the case for the parents’ solicitors, who are a well known Birmingham firm of family specialists, questions the validity and legitimacy of FPR 2010 Part 25 insofar as it applies to Family Proceedings at first instance and asserts that, in any event, those provisions have absolutely no application to a pending appeal. They assert that the instruction of an expert in the course of an application for permission to appeal may be undertaken in total disregard of the Family Procedure Rules and the practice otherwise applicable to a family case.
Let me just flesh that out, because it may be so peculiar that it does not quite sink in – they obtained permission to appeal saying that they had had ‘limited time to prepare their case’ (when they had in fact had 18 weeks – some people, not me, but some other people, might actually go so far as to say that this is not a generous interpretation or disingenuous, or misleading, but a straight downright lie)
having obtained the permission of the Court of Appeal to instruct an expert, the parents solicitors then don’t give the expert the medical reports AND Judgment in the fact finding hearing, but instead a sprawling 26 point submission prepared by them as to why rickets is the cause of the injury, they don’t try to agree a letter of instruction or include any questions that the other sides would like asked, they don’t initially disclose the report of that expert to the other sides, they try to get the expert to change his mind after seeing his report, and when all of this is highlighted to them, they argue that the Family Proceedings Rules don’t apply to appeals in, erm family proceedings.
I also like this bit – the parents solicitors, in another case (oh my god) had gone off to get an overseas expert without leave of the court and then (once it was favourable to rely on it)
In January 2012 the parents’ solicitors acted for different parents in an application for permission to appeal which is now reported as Re McC (Care Proceedings: Fresh Evidence of Foreign Expert) [2012] EWCA Civ 165; [2012] 2 FLR 121. In that case, without the knowledge of, let alone the leave of, the Court of Appeal, the parents’ solicitors obtained a medical report from an American paediatrician and sought leave to adduce it as fresh evidence to support a proposed appeal. In his judgment refusing permission to adduce the evidence, with which the other two members of the court agreed, Thorpe LJ said:
“14. There are many reasons for refusing this application. It does not begin to satisfy the conditions identified in the well known case of Ladd v Marshall [1954] 1 WLR 1489. It is a report which is deeply flawed in the manner of its production. The respondents to these proceedings were given no notice of the intention to go elsewhere and to knock on another expert door. No permission was sought from this court either to instruct another expert or to release documents from the case to that expert and such documents as were released were not comprehensive and were apparently partisan.
15. I would have absolutely no hesitation in refusing this application but I do want to emphasise that there is, in my judgment, an obligation on an applicant for permission, or an appellant who has obtained permission, to seek leave from this court before instructing a fresh expert and releasing court papers to that expert for the purposes of the hearing of either an adjourned application for permission or an appeal.
16. I would also emphasise the importance of the Guidelines for the Instruction of Medical Experts from Overseas in Family Cases, endorsed by the President and published by the Family Justice Council last month. They must by extension apply to appellate proceedings although the guidelines are of course written specifically in contemplation of proceedings at first instance.”
Mr X submits that both he and his instructing solicitors were unclear as to the meaning of those passages from Thorpe LJ’s judgment in Re McC. He tells me that they did not understand whether or not it was incumbent upon them to apply for the leave of the Court of Appeal before seeking to instruct an expert to provide a report for use in support of their application for permission to appeal. In their minds, therefore, the purpose of the 19th September hearing was simply to seek the direction of the Court of Appeal on whether or not a full blown application for leave to instruct an expert, which Mr X tells me would have been on notice to the other parties, should be made.
I confess that I am at a loss to understand that submission and ask, rhetorically, how Mr X and the Solicitors Firm could fail to understand the words “there is …. an obligation …. to seek leave from this court before instructing a fresh expert”. The account given in the Notice of Appeal to the effect that the Court of Appeal decision in Re McC, from which I have quoted, had simply ‘expressed some sympathy’ with the view that leave to instruct an expert was required and that the decision had not by that stage been reported is, on the facts, plainly unsustainable.
The words of Lord Justice Thorpe are entirely plain and clear and, for the record, I regard his words as being entirely uncontroversial. The general approach, if not indeed the detailed requirements, of the Family Procedure Rules must, as Thorpe LJ holds, by extension apply to appellate proceedings.
So even though the firm of solicitors had been slapped by the Court of Appeal for getting a back door expert, and the Court of Appeal had given clear guidance on this exact point, they didn’t understand what it meant?
But all of that is okay, because the counsel representing them (although not a care lawyer, or indeed a family lawyer) is :-
a member of British Mensa and that he ‘by definition brings a Mensa-level intellect to the analysis of complex scientific and legal issues’
[If you are wondering, the quotation marks do indeed indicate that the Court of Appeal are quoting directly from counsel’s own skeleton argument. Yes, in a costs hearing in the Appeal Court, before Lord Justice McFarlane, this barrister put in writing that he was clever…. – not just in writing, but orally, and not just once, but “on a number of occasions”]
Oh. My. God.
If you aren’t cringing, writhing a tiny bit and dying a little bit inside on behalf of this man, you are a crueller person than even I am.
Mr X’s approach to these proceedings readily supports the submissions that I have recorded from both of the opposing counsel to the effect that the case he presents comes from a totally different ‘world view’ and speaks in a ‘different language’ from that of the local authority and the child’s legal team. Mr X is a brave and confident advocate who gives the strong impression of believing the cause for which he advocates. These various factors, high intellect, a lack of understanding of the justification for the approach taken in family proceedings and the brave championing of a cause, are, in my view, the unhelpful cocktail of elements which have come together in counsel’s presentation of the parents’ case in these proceedings. The local authority seeks to hold the parents’ solicitors responsible for this on the basis that they selected the particular counsel for these hearings. That submission is, in my view, not sustainable when it is clear, as it is, that the argument that became the focus of the application and was then sustained on to the second hearing was crafted by counsel and not by the solicitors. Mr X told the court that, following receipt of Professor Nussey’s report, the solicitors sought his advice on the future viability of the application for permission and that as a result of that advice the case continued. An indication of counsel’s faith in his clients’ case at the second hearing was the very surprising information, as reported to me during the hearing, that Mr X had approach Ms Delahunty outside court to enquire if the children’s guardian was going to support the application for permission to appeal.
My clear conclusion is that the manner in which the application for permission was pursued, after receipt of Professor Nussey’s report had removed from it any true validity, arose almost entirely from the wholly over optimistic judgment of counsel and not from any improper or unreasonable act or omission of the solicitors. By the end of the present hearing this understanding of events seemed to be shared by Mr Prest for the local authority when, after all of the submissions were complete, he made an application to include Mr X in the wasted costs application. I refused that application on the basis that the case had by then been heard and concluded on the basis that Mr X was not in the frame and that it would by that stage be oppressive to alter the focus of the application to include him.
Oh, I want to look at that again, let’s just do this one bit
Mr X is a brave and confident advocate who gives the strong impression of believing the cause for which he advocates. These various factors, high intellect, a lack of understanding of the justification for the approach taken in family proceedings and the brave championing of a cause, are, in my view, the unhelpful cocktail of elements which have come together in counsel’s presentation of the parents’ case in these proceedings
He was SO lucky to escape without a cost order.
It must have been fairly close as to whether the costs of the appeal hearing itself, were incurred as a result of advice which could not be sustained on the evidence. It was in part, I think, the fact that it was counsel’s clear advice and driving of the process that absolved the solicitors from blame in not abandoning their appeal once the expert they had instructed (and attempted to nobble) hadn’t supported them. If you can’t persuade an expert who you have blatantly tried to manipulate into supporting your case to support you, you really don’t have a winnable case and that would be the time to abandon the appeal. They didn’t. They pressed on. One can see from the previous blog and judgment just how much work went into that appeal hearing, particularly from leading counsel for the child, Ms Delahunty.
Of course, I could be wrong – perhaps the Mensa level intellect which counsel brought to bear in the case foresaw that as the Guardian and LA hadn’t included him in the wasted costs application, he could save his solicitors from a wasted costs order that was otherwise heading their way by convincing the Court that all of the faults were of his making. Perhaps he was nobly falling on his sword and was in reality blameless.
I would politely suggest that any counsel who are card-carrying members of Mensa to eschew the desire to flaunt this in front of the Court of Appeal in any future hearings.
[I’m sure 95% of Mensa members are witty, suave, urbane, good company, romantically successful, essentially happy, well-balanced, productive, helpful and fascinating, and that I have just been very unlucky in meeting the small proportion who spoil it for them…. I did also remove an “a bit like the American Express advert – it’s four letters too long” joke from this piece, but I’m sure you can work it out for yourselves]
If you are interested in instructing an overseas expert in care proceedings – perhaps you like paperwork, perhaps you enjoy the game of Russian Roulette that is incurring costs that the LSC might or might not underwrite, perhaps you just enjoy having telephone calls at 4.00am, there’s some guidance about how to do it, here :-
http://www.judiciary.gov.uk/JCO%2FDocuments%2FFJC%2Ffjc_guidelines_for_overseas_experts_Dec2011.pdf
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Posted in case law, costs, experts, fact finding and tagged an unhelpful cocktail, cost hearings in court of appeal, Court of Appeal, fact-finding, fairness, instructing an overseas expert, instruction of an expert, instruction of overseas expert, mensa, Re A (A child) 2013, rickets, wasted costs. Bookmark the permalink.
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[We] seek out that [in-store] customer to understand about the project they're working on. So it's more than just, hello, how are you? It's really getting into a deep understanding of why they're there, because look, they're spending dollars on their home. And that is the largest investment any of us will make.
-Don Frieson, Lowe's
Retail is local — but it’s also home to an increasingly global set of fulfillment and distribution requirements (and challenges). Meanwhile, customer expectations for seamless omnichannel experiences and two-day delivery keep the pressure set on “high.” But good news: in this episode, Executive Vice President of Supply Chain for Lowe’s, Donald Frieson, joins Scott and Greg to cut through the complexity and share the company’s inspiring trajectory through pandemic challenges and into a retail future focused squarely on the customer. Learn more about the company’s Hometown 100 mission, get great advice if you’re an aspiring supply chain professional – and learn more about the dedicated, resourceful and resilient teams making home improvement a reality through thick and thin across the country.
Welcome to Supply Chain Now, the voice of global supply chain. Supply Chain Now focuses on the best in the business for our worldwide audience, the people, the technologies, the best practices, and today’s critical issues, the challenges, and opportunities. Stay tuned to hear from those making global business happen right here on Supply Chain Now.
Hey. Good morning, everybody. Scott Luton and Greg White here with you on Supply Chain Now. Welcome to today’s show. Gregory, how are we doing?
Greg White (00:38):
I’m doing great. How do you like our new frames here? Beautiful isn’t it?
I’m a big fan. I’m a big fan. Of course, I’m a big Greg White fan and that kind of spills over to wherever you’re broadcasting from. But we’ve got a big show lined up today. Big guest. Greg, our featured guest is with one of the world’s most admired companies where he is responsible for the company’s distribution centers, logistics, transportation, and delivery services. So, Greg, we’re talking about Lowe’s and it’s 2,200 plus stores, no small feat, right?
Yeah. No kidding. I mean, they’ve been growing and doing great things in supply chain. I have actually had some interactions with them many years ago, and they have been working on their supply chain excellence for a long, long time. And I can verify as a customer that they have done a great job.
That makes two of us. And looking forward to kind of diving into some of the leadership and POV behind all of that. So, on that note, I want to formally welcome in Mr. Don Frieson, Executive Vice-President of Supply Chain with Lowe’s.
Don Frieson (01:48):
Hey. Good morning, Scott. Good morning, Greg.
Hey, Don. How are you?
Good morning, Don. How are you doing?
I’m doing well this morning. It’s just great to be here with you guys.
We are too. You know, we’ve really enjoyed the pre-show conversation. As Greg has already kind of let the cat out of the bag, we’re already fans and customers of Lowe’s and I’ve had a lot of great experiences. So, we’re looking forward as fellow supply chain geeks to kind of dive into some of what goes on behind the scenes.
Well, we’re excited to just talk a little bit about what’s going on in the world of supply chain and, specifically, all the great things that our supply chain associates are doing to move the business forward.
Love it. And that’s what they do. People do certainly move our global supply chains forward, global retail organizations forward, and take care of the consumers. But before we get to that, before we get to all that heavy lifting, we talk about supply chain and Lowe’s and beyond, let’s get to know Don Frieson a little bit better. So, Don, tell us where did you grow up?
So, I grew up in Memphis, Tennessee, right on Mississippi Delta, right on the Mississippi River. Fun fact, I have an identical twin brother. I’m Don. He’s Ron. So, imagine growing up with an identical twin. So, there’s certain things I can’t talk about, but other than that, a lot of fun.
Leave the minds to wonder.
Right. Exactly. Exactly. But – go ahead.
So, Don and Ron Frieson, were folks always want to know what the Frieson Brothers were up to as you were growing up?
Always. Absolutely always. But it’s a good thing my brother’s a really good guy. And I can remember years ago, we actually lived in the same city for a while in Atlanta and he had been there for some time. And when I moved to Atlanta, he says, “I need you to do two things for me, Brother.” I said, “What’s that?” He says, “I need you to smile and I need you to say hello to everybody.” Because oftentimes people thought I was Ron, so it’s been fascinating.
So, you had to carry his good name forward.
Exactly. Exactly.
I love that. All right. One final question, where is Ron today? What part of the world does he live in?
Ron is in Atlanta, Georgia. He’s working with Children’s Healthcare of Atlanta. He’s their chief operating officer there. So, he’s doing a lot of good things, particularly during this period when healthcare is so premier in our country.
Okay. Wow. Man, the Frieson Brothers are getting stuff done. All right. One final note about growing up in Memphis, you know, we got to talk about food just a second. When you look back at your upbringing and you think about food that was an integral part of it, what’s a dish that comes to mind, Don?
Come on. Come on. Memphis? Memphis barbecue.
Barbecue.
You got to know it’s Memphis barbecue.
That’s what I thought. That’s what I thought. I was going to let you say it though. And the sauce in Memphis. Or is there no sauce, it’s all smoke?
Oh. No. No. There’s sauce. There’s sauce. And let me give all your viewers and listeners a tip, if you’re in Memphis, you have to have Cozy Corner BBQ. You talk about the best barbecue, go to Cozy Corner.
I have heard that.
Man, we’ve already tackled my checklist.
This is an unpaid endorsement by Don Frieson.
Unpaid. Unpaid.
Cozy Corner. So, folks, listen to that, it comes from folks that know. One of our favorite topics to talk about, Greg, barbecue. But let’s kind of switch over to the professional side of Don’s journey. So, Don, as you alluded to pre-show, we’re all big supply chain nerds. We love the craft, as Greg and and others have called it. We love the industry. We love the people that make it happen. All the innovation and technology that’s revolutionized in many ways. But why did supply chain stick out and appeal to you? And where’d you get your start?
Yeah. Gosh, it’s been a lifelong journey. I’m almost afraid to tell you how long I’ve been in this game, 30 some odd years, and emphasis on the some odd. I actually started in college. I started my career as a package car helper my sophomore year of college with United Parcel Service. And, gosh, what a great job for a college student. I got hired on for the holidays to jump off on one end of the street, wheel packages, deliver them, and jump on. And fortunate for me, I’d done a pretty good job during that period and I was called back in January. And I started to work in the hub on a variety of different roles, from car washer to preload.
And, you know, it was just something about that. Now, this was before deregulation, so, again, I’m showing my age here. And I had an opportunity to work with the over the road drivers by putting in their radios, hooking up their tractor to the trailer, and preparing for them to go out for the day. And just something that, boy, I looked at that and said, “Man, this is pretty neat.” And it just became a passion for me. Not very many years later upon graduation, I went to work for a very large truckload carrier, Schneider National Carriers, and the journey then and earnings began.
So, one quick follow up question –
Did you go to school for – yeah. Go ahead. You go, Scott.
No. I like that. I like yours better, Greg.
I was an operations management major. In that time, supply chain wasn’t necessarily a big major like it is today. But, clearly, that’s where my interest was.
And where was that that you went to school?
The University of Tennessee.
I wanted to make sure you got the opportunity to say that, Don.
Absolutely. Haslam School of Business.
Well, as we all know, that’s become one of the go-to universities for supply chain management and folks that want to break out into the industry. One other quick follow up question, you talked about your first role there kind of getting on with UPS during the holidays, has that memory of all that hard work during a special time of a year for so many and the people that enabled that to take place, has that stuck with you throughout your career?
It absolutely has, Scott. One of the things that resonates then and resonates now is the service piece of what we do in supply chain, you know, going to customer’s home, whether they were signing for packages or not, and understanding that they were waiting on that, and it was a timely factor with it. And then, of course, working with a company like UPS at the time where precision was everything. And so, it just became part of, boy, what this piece of business is all about, it’s about being efficient. It’s about ensuring that you’re doing the best you can at the lowest cost possible while providing the highest service levels. And that has been a cornerstone for me of growing in this supply chain world.
Wow. What a foundation. I’m about to turn it over to Greg here as we kind of dive more into Lowe’s and what you’re up to now. But before we get there, I think one of the really helpful piece of perspective and context is, you know, after you graduated University of Tennessee and what other supply chain roles that you moved into that really shaped your worldview and your leadership experience, tell us a little more there.
Look, I’ve been so fortunate in my career. A very long career with Schneider National Carriers and really cut my teeth in the trucking side of things. But then, I was recruited to Walmart stores, where I had an opportunity to lead the entire private truck fleet at Walmart. And then, moving into core distribution, where I had responsibility for a series of warehouses to include ambient, non-ambient. And then, actually, for a while moved into the store side of the business. And so, I really got to see supply chain from a different perspective. Even if you think about the back room of a retail establishment and all the supply chain principles that are within the back room and flow into the sales floor.
But probably one of the life changing and career changing opportunities came in an assignment that I was given in South Africa, where I spent two years in Sub-Saharan South Africa with the acquisition at the time Walmart has made as the chief integration officer. But having the opportunities to support the build out of a supply chain network within South Africa. And when you think about that, not nearly as advanced as what you see in the U.S., and so the difficulty, whether it was around the highway systems or connecting warehouses, just a really great opportunity to see something different and to understand that there’s more than one way in which to, as I say, skin the cat. So, what a wonderful experience that was for me.
Wow. Greg, there’s so much there to follow up on, right?
There is. We’ve talked a lot about Africa and the difficulties there. I mean, there’s so many borders, the infrastructure is so outdated. We talk a lot about infrastructure in the states, but we have roads, that’s a good thing. And there are just a lot of difficulties there. So, I’m sure that was very striking. Probably something you carry with you every day as you work in a relatively strong infrastructure environment.
Well, what it tells me is that, here, we can overcome anything. You know, when you think about a breakdown here, we think about it in terms of hours, not days. And if you were where you have poor infrastructure, you’re talking days and the delays could be massive.
Yeah. We’re just leaving it on the side of the road.
That’s exactly right. And hoping that it’s there when you get back. So, yeah, just a totally different environment. But, again, really educational.
One quick comment, Greg and Don, just to elaborate here. You know, Don, we do a series here at Supply Chain Now that focuses on supply chain leadership across Africa with Jenny Froome and our friends at SAPICS. And we had on several supply chain practitioners from Africa at the earliest parts of the vaccine distribution. And they were telling us that, literally, here, we think about strengthening bridges that cross all sorts of things here in the states. They were talking about how there are certain aspects of rivers and streams where there are no bridges and they got to find a way to, you know, build those bridges.
For them.
Right. That’s right, Greg. It’s eye opening. It really is.
It’s a different environment for sure.
That is cool. It’s rare to have that kind of an impact on your professional career. So, that’s really impressive. And I’m glad to see you got to take some really cool stuff away from that. So, now, in your current role, Don, supply chain is really broad. It sounds like the trucking aspect of it was an initial focus for you. But what is your role as executive VP of supply chain? I mean, is it more broad than trucking now? It sounds like you got into distribution as well.
Oh, absolutely. Absolutely. And you guys know from your experiences and a lot of your past guests, supply chain for different companies mean different things. And there are different functions that are within supply chain. Here at Lowe’s when we talk about supply chain, we talk not only about the distribution aspect. So, all of our distribution centers, whether they be regional distribution centers, flatbed distribution centers, are very important for us given the commodities that we carry in our store, our coastal holding facilities, because we are the fourth largest importer from a retail perspective in the U.S. So, those facilities are extremely important to us. We also have bulk distribution centers as well as fulfillment centers. And we’ll talk a little bit later about our omnichannel journey, it’s really important to us.
But also included in that for us are our last mile delivery services. So, if you think about deliveries to home – fun fact, we have already cress – our fiscal year ends January 31st – over 12 million deliveries to homes this year. Twelve million. And so, that’s a lot of delivery capacity that we use on a year-to-year basis. So, it’s really, really, really kind of cool to see that coming to fruition.
But we also have network planning and optimization, which is really important when we think about flow into our distribution centers from our inventory replenishment and planning teams. Within our supply chain, we have an operation support area, which is really the backbone that helps us understand our processes. We think in terms of people, process, and technology within our business. And we have a group that’s tailored to look at our business that way to make continuous improvements throughout our business each and every day. So, it’s very important.
We have an engineering arm within our business that really looks at the technology and how we move goods through. And so, our engineers, you know, you think about normal industrial engineers doing time and motion studies and things of that sort, but we’re also thinking about how do we keep our associates safe on a day-to-day basis, particularly within our distribution nodes. And, clearly, we have a cross dock network, which is facilitating a lot of our home deliveries now. And that cross dock network, quite frankly, is something that we’re continuing to grow out. We just started it, quite frankly, in earnest this past year. But by the end of 2022, half of our stores will be serviced through this network. And so, it’s a really big initiative for us. And so, that, in a nutshell, is who we are from a supply chain perspective.
That’s a big nutshell. I mean, I think that what that really does for me is it really enunciates just how complex supply chain is. I mean, think about all those things, some of which you have been doing for a long time, some of them are relatively new, but all of them expanding as you continue to grow the organization and as consumer demand, as you spoke to in retail, continues to evolve. So, it’s really interesting.
And it makes me ask this question, which I always think about in retail and that is, you all have made such a huge investment in supply chain and you continue to do so. What, so many years ago, triggered that investment that so many retailers are just starting to make now or in the last 18, 24 months because of crisis? What about your approach or your company’s culture philosophy had you guys getting so advanced with supply chain so much earlier than so many retailers?
Well, I don’t know that we always view it that we were so much earlier. What I will tell you, Greg, is that, omnichannel retail has really changed the way supply chain has to operate. Fulfillment is not the same as distribution. And when you start to think about how a customer wants to be served, it was really important that we take a step back and we take a look at – or took a look – rather – at how are we serving the ultimate customers. Our stores and our associates in our stores every day do a fantastic job of serving the customer.
And if you go back just four short years ago, everything that we delivered actually got delivered from a store. The store was the center of everything. And it’s just so much complexity, not only on the front end of serving the customer and ensuring that the store is in stock, but that back end work, whether it was around receiving, getting the deliveries out of the back door, the storage of goods, store level. And so, it was our goal to take some of that complexity out of our stores.
And so, it became very important as we think about it from an omnichannel perspective, if a customer orders, they don’t really care if it’s coming out of the back of the store or a warehouse or a cross dock. And what we have to do is look at it and really take a look at our cost and understand how can we best serve that customer while simultaneously taking that complexity out of the back of the store. And so, that’s a transformation journey that we’re on. It’s really about contribution margin, understand how do you do it – and I used this word earlier – most efficiently. For us, our associates and our customers. And so, that indeed is the journey that we’re on. And you guys know like I know, that journey is never done and it’s never over.
Never. No finish line.
No. None whatsoever. It’s just milestones that you hit and you go for the next milestone in that journey.
So, I’m going to follow up on that – go ahead. You got to tell us.
Okay. You follow up first.
No. Because I’m about to shift gears.
I got to tell you, Don, I’ve worked in the industry for a long time as a practitioner and as a service provider to technology. And I have seen so much advancement in hardware and automotive and other relatively low margin, high volume industries. I mean, I think it’s every day for you – and this is the term we use, Don – because you’ve been with Lowe’s for more than two decades – How about that? That way you don’t give yourself up – because you’ve been with Lowe’s so long, it’s so matter of fact, but I have to tell you it’s very exceptional the level of advancement that you all have brought.
I can even compare it to other hardware or home improvement chains and organizations, both chains and dealer networks and that sort of thing. And I think what you’re doing is very, very advanced. It may seem a really standard path for you, but it’s a model for other companies to look to. And, you know, not that you need to congratulate yourself, but I would like to congratulate you because you have done so much so early and prior to the crisis, and I think that’s really commendable. And I think it’s a model that other companies could look at and really benefit themselves, whether it’s omnichannel or whether it’s just general store distribution, or even bulk goods distribution, I think there’s a lot to be proud of there.
First of all, thanks for the compliment. But the real compliment goes to our people. Our people – we have a term we use here – it’s all in. And we work across every area of the business seamlessly. You know, this leadership team is just absolutely incredible in terms of how we work together. I give a special credit, whether it’s our operations team, our merchandise team, our technology teams, because we all think about the customer and understanding that customer journey.
But not necessarily second to that, I’ll say in addition to that, what’s the associate journey like and what are the things that our folks that are in the trenches day-to-day, whether they’re in our stores or our distribution centers, what are they faced with? And we often talk about, we’ve got to simplify, simplify, simplify. And so, if you think about it, what we try to do is make everything as simple as operating an iPhone. And we’re not there yet. We want it intuitive. And we think if we can get our operations to that level of simplicity, then things go really well. And that is the goal for us.
I love that. I love that focus on the voice of the employee and the employee experience. And, clearly, beyond the conversation we’re having here with Don, if you haven’t talked to those associates while they’re in the store, it comes out in those conversations.
I want to drill in a little bit into this omnichannel and what helps make that happen to meet the consumers where they want to be met. Because to your point, Don, most consumers don’t care about where it’s coming from and they care about price and delivery and quality, some combination of those three things. So, fulfillment, you mentioned that earlier, this is a little bit data figure but I think it’s still remarkable. In early March 2021, Lowe’s shared that fulfillment execution had improved 6X over March 2020. So, how does that happen at Lowe’s?
It happens by having a CEO that allows you to make investments in your business. If you go back 18 months ago, we had one fulfillment center. One. And we knew we had to accelerate that. Today, we have five fulfillment centers, and that has made the biggest difference in securing what I call a minimum of two day service across the U.S., which is really important. And you guys know like I know, fulfillment rate or time is really important to a customer. When they place an order, they want to know first thing, “When will I get it?” And then, fulfilling that promise. So, if you tell them it’s two days, it’ll take two days. But you better do it in two days. And, I mean, we often talk about next day, same day, and you obviously have to play in that arena because that’s very important for some of our customers. But just be reliable at what you say you’re going to do.
And that’s what our teams are really focused on when we think about parcel fulfillment or even LTL fulfillment because a lot of things that we carry are not parcel size of parcel eligible. They’re ordering larger goods. Just get it there and get it there on time. And so, that’s the focus of the team. We’ve also incorporated some of the larger moves. So, we’ve taken our core distribution network, like our regional distribution centers. We’ve enabled LTL capabilities to customer out of those facilities. And we have bulk distribution centers where we now have our much larger good. If you think about appliances, tub surrounds, grills, riding mowers, things that people don’t necessarily have the capability to take home, but they would like to have it delivered, we’re using those facilities like we never have in an effort to get it to the customer. So, it continues to be a journey. I don’t think we’re great at it, but I think we are improving at it.
So, Don, you might find some argument there and disagreement amongst here and other fans of Lowe’s out there. One quick observation and then I want to kind of go broader beyond Lowe’s along the lines of what we’re talking about. We’ve made this observation and it’s a very simple observation, but it boggles my mind. We placed orders these days largely on when do we get it versus – what, Greg? – ten years ago, maybe, where that was largely, for the most part, a big afterthought. It blows my mind just how far global supply chain and what it does to power and optimize that customer experience has come. Greg, your quick response. And I’m going to dive a little deeper with Don in that area.
Yeah. Well, I mean, I’ve always watched how long it gets here. Being a retailer, the reliability that Don spoke to is really, really important. I would rather have a longer but reliable lead time than a shorter one. So, as a consumer, I played this game where I wouldn’t pay for the quick delivery and realized that even though they promised five to seven days, they’d still get it there in three to five. Sorry, Don. I played that on you guys just like everybody else. But the truth is, it’s been a nascent want of consumers. We’ve always wanted it right now. That’s why we had stores. Those times when we lived in a remote place – like some of us do now – and you just can’t run out to a store, it’s 45 minutes away or whatever it is, that’s when things like delivery become important. But the desire to get it immediately is still there.
And I think retailers have recognized that more than driven that. And certain retailers have enabled that, which has caused a demand on the rest of retailers to be able to do so. But, yeah, I think the consumer wants what they want. They want it now. They want it at the price. They want it. And they want it in good condition and in fold, Don, in your point. And always have, but we’ve had to settle in the past. Now we don’t have to settle. And it’s great to see organizations stepping up to that.
Well, you know like I know, consumer sentiment is that every year the expectations get higher and higher relative to how they want their goods and whether they’re ordering from an iPhone, the laptop, any mobile device. It’s just that immediacy that is part of our society today. And if you aren’t in that game, then you are not being competitive. And I think the real key is that if you want to be competitive then you just got to jump in there and understand how do you execute against that.
I think the biggest thing for most companies is how do you do it in a profitable way? Because at the end of the day, you can lose a lot of money if you don’t really think through what node does this item need to be in, in an effort to be next day. Do I deliver next day out of my store. Because out of 2,200 units across the U.S. and Canada, am I closer to or within that zip code? Are there certain items that you offer next day, same day on, that makes sense for you? And the contribution margin works versus offering a next day and I have to try to ship it 500 plus miles? The math just doesn’t work. And so, it’s a constant looking at the algorithms and understanding your sourcing engines and having the right merchandise in the right place that’s going to fulfill the customer.
And when you think about technology, let’s face it, Greg, years ago, we didn’t talk about AI. We didn’t talk about machine learning.
AI was Actual Intelligence, Don. Not artificial.
Exactly. And these days, it’s pulling all that data together to understand what shifts with what, in most cases. And how do you create those baskets in terms of where you put your merchandise in order to ship it. So, all that data and pulling it together, which, again, is something that’s relatively new to everyone. And there are a lot of companies out there that can help you do that. But at the end of the day, that’s how you have to lean in, in an effort to meet the customer’s expectation.
Okay. So, you’ve essentially, to a large degree, spoke to the next question I’m going to ask you. But one quick comment, so I guess y’all cannot relate to me as a kid when I was placing an order for cassettes and comic books. And by the time they got here eight months later, it seemed, I’d forgotten I’ve even ordered them. Maybe I’m the only person in that boat.
The only thing that’s changed there, Scott, is that that happens within three days now. People forgotten that they ordered within three days instead of eight months.
The power of supply chain. Kidding aside, Don, I really appreciate what you shared just a moment ago because that leads to you’re already making the case, as we all know, about that critical role that supply chain plays in, not just optimizing customer experience – the CX movement that’s been taking place for years now. It just called maybe something different – but that’s what powers this modern retail environment. So, speak a little bit more to that, Don, if you would.
Yeah. So, for us, when we think about CSAT scores, Customer Satisfaction Scores, our likelihood to recommend or whatever measurements that companies use today, that really becomes the basis of how you start to set your service offering. Because it’s really, really, really important that when that customer has that great experience with you, they come back and they tell other people. Now, the other side of that is, when they don’t have a great customer experience, they also tell others. And so, that’s better than any advertising that you could have. And so, it is really important for us. And we talk about it on the delivery side of our business all the time, you got to treat every delivery like it’s the first delivery or treat it like it’s the last. It’s really important that we execute and execute flawlessly because it means so much to the customer.
And so, as we take a look, whether it’s inside of our stores, you know, we operate on what we call SMART Customer Service. That S starts for seek, we are looking for a customer in that store. So, don’t be so dependent on doing task because the customer is the reason why we’re there. And so, seek out that customer, understand more about the project that they’re working on, what exactly. So, it’s more than just, “Hello. How are you?” It’s really getting into a deep understanding of why they’re there. Because, look, they’re spending dollars on their home. And that is the largest investment that any of us will make. And it’s so near and dear to you. So, whether it’s a small project, like I’m hanging pictures and I need the right size picture hangers. Or I’m doing a bathroom remodel and I really want to know how to lay this tile if I’m trying to do it myself. Our teams have to lean in to ensure that we’re meeting that customer’s needs. And so, those are the things, when you start thinking about customer satisfaction and CX, it is so important that you become part of their project.
I love that, Don. And just a side note, my dear lovely wife, Amanda, would not let me touch any of those two projects you mentioned or much less anything else. Holes and walls, wrong measurements, that’s what I’ve known for around here. All right.
So, Greg, there’s so much. This is kind of like a MasterClass. Every once in a while we have a MasterClass in supply chain. Don has given us that here. Where are we going next, Gregory?
Well, I want to know since you’ve been in the industry and particularly at Lowe’s for more than two decades –
Well, let me clarify because I’ve been in the industry a long time. We had a Leadership Team Refresh, approximately, three-and-a-half years ago, and I actually came aboard as part of that Leadership Team Refresh. So, I was able to take years and years of experience and come into Lowe’s. And quite frankly, love what I saw when I got here, particularly around the folks in supply chain. I use three words, and this is this is how I describe our teams, dedicated, resourceful, and resilient. And that’s never been more true since the pandemic. And that’s the way our frontline associates approach this business each and every day, as well as our store support associates.
But what’s been great is that we’ve been able to look at where was the business and where did the business need to go. And as we’ve come up with what we call our roadmap to excellence going from good to great – and you guys know that story very well for a lot of other companies – that’s the journey that we’re on. And so, it’s been really, really fun to take our core team that was here and, to your point, Greg, had done this for so many years. And really the evolution of Lowe’s supply chain and where we are in the industry and take some leaders that we’ve brought in over the course of the last three years, bring all that knowledge together. And it has been a blast in terms of learning. A blast in terms of how we’re moving this business forward. And I’m just so excited to be a part of it.
You got to face the brutal facts, right? That’s one of the keys of Good To Great. So, I bet you’ve done a lot of facing of that in the last three years. But over your career, I mean, you’ve had so many opportunities at so many places to have kind of breakthrough moments, eureka moments, if you want to call them that. Give us an idea of something that just has really struck you in the last three years.
Sure. And, guys, I will tell you, one year in and then a pandemic hits. And I’m sure a lot of supply chain teams can tell you about dozens of eureka moments that have happened. I mean, if you think about we were very fortunate as a retailer to be named in a central retailer when the pandemic started. And so, while a lot of retailers, if you think about apparel and others that had to temporarily shut down, we kept going. And only through the grace of those frontline associates in our business, that in the early days really, really focused on how do we keep our sales safe, how do we keep our associates safe while serving those needs.
I mean, if you think about it, if you are dependent on medicine that refrigeration and your refrigerator doesn’t work, you got to go get a refrigerator. Nobody can live in a home with a toilet that’s broken. So, it’s all those essential kind of things that we brought to bear that we were able to keep our business going. Now, the interesting thing about that is that as the supply side started to wane and we saw a real, real focus on a lack of supply, particularly in those fast moving items, my supply chain felt like one big cross dock. Man, I’d get it in. It’d get in the store. And it’d flow out the other side. I mean, I don’t know, the teams had a lot of time to stock it. And so, you’re looking at your end stock levels, you’re not very pleased with it. But you understand that everything’s just moving through to where we are this year, where supply is a little bit better, and we’ve had to pivot a little bit.
And so, these have been moments where we continue to reinvent ourselves. We continue to think about how is it that we do things better. I mean, the big question I always get from my peers and the leadership team is, What did you learn in 2020? What did you learn in 2021 that you are taking to 2022? And so, it’s constantly going back, doing an autopsy of what the year was like, what are the things that we need to change in an effort to continue to, not only grow our business, but to increase our customer satisfaction.
Greg?
Yeah. I think there have, as you said, Don, been a ton of learnings around this pandemic. Most of the learning, for a lot of companies, was, we didn’t have a strong enough – if you want to call it – supply chain ethic. And I think that you all had, not only an ethic, but an initiative going on. And I’m curious as you think about this, so imagine this, not just joining a new company, but graduating from college with a supply chain degree, or going into college with a supply chain degree, or coming out and getting into the job world. And we have a ton of our community that are recent graduates, or recently in, or seeking to be in the supply chain trade. Give me an idea of maybe a key tenant or a key bit of knowledge that they should all have as they get into this industry.
Well, look, I’d say as they come into the industry – and by the way, they’ve chosen a great industry – this is actually a really good time to enter the industry. When you see that supply chain leads every news story every week, whether it’s the pile up at the ports or anything of that sort, it’s a problem solving industry right now. I will tell you that their mindset needs to be one around flexibility. Understanding that what worked yesterday just may not work today. And, ultimately, understanding that I’ve got to go solve this issue. And what are all the tools that I’ve learned in school? The practical experience that I may have. If I’m moving forward in supply chain with an advanced degree, what are those things and experiences that I can take and how can I apply them to the current situation?
I’m a big proponent of on the ground leadership. You know, previously, I was so big – and I say previously, previous to the pandemic – coaching by walking around. I loved to get out of my office. I loved to get out into the field and really understand what are the teams working on, what are the barriers that they have to being great. And because the pandemic has slowed some of that down, it’s now that I have to think about how do you engage in a different way. And so, as people enter the engagement levels are a little bit different. You have to be creative, whether it’s through medians like this. We use Microsoft Teams, so no plug for Microsoft, just the way of, obviously, understanding how we communicate to those in a remote environment and how do you stay connected. And that is the big challenge, I think, for not only supply chain, but all of workplaces now that are perhaps remote, semi-remote, or a combination of both.
Okay. Don, I wish we had three more hours with you because I think we could pick your brain further and solve some of industry’s biggest challenges. But I love the story. And you’re not calling it, but I hear real actual, in-person, there for the team leadership. And, gosh, if anything has gotten us through these last few years in supply chain and otherwise, it’s been a lot of that.
So, I want to shift gears as our time with you is starting to wind down, and I’m sure you’ve got a busy calendar here today. One of our favorite things here at Supply Chain Now is, you know, that give forward, as Greg has coined it. You know, that do good with action, with lots of action. Even if you can’t give a lot, hey, give a little, but just start giving, Greg, I’m still in your advice there. Lowe’s does a ton in the communities. Growing up in Aiken, South Carolina, I think we had one or two stores there. I’ve been around Lowe’s a long time. And here just recently, one of the recent examples, those terrible storms came through the U.S. in December, Lowe’s wrote a check for about a million dollars to help provide relief for tornado victims. That’s just one of the latest activities there. So, touch on this Hometown 100 initiative. This is really feel good, do good stuff. Tell us about this.
Yeah. So, it’s really just the natural evolution of what we’ve done since Lowe’s was founded. Last year, we celebrated our 100th Anniversary as a company. And in conjunction with our marketing team, the thought was, “You know what? We do projects in communities each and every day.” And our stores have a latitude, our distribution centers have a latitude to work with first responder organizations and just support the community. And this was a way to formalize that to recognize our 100 years in business. So, it’s 100 Hometowns initiatives. And we chose over a hundred cities – and it’s actually over a hundred opportunities out there – to go out in the community and actually share time on projects with these communities. Our associates gave up their time. And so, it wasn’t as though it was an extra paid thing. It’s just what they do.
And we donate in terms of resources and supplies. And, you know, a couple of them hit home with me. You know, I told you guys, I’m a Memphis boy. And we had an opportunity to go to Memphis to work with the Alzheimer’s and Dementia Center of Memphis. And I flew into Memphis and, man, put my gloves on and got busy with a kind of paint up, fix up project within that center. Because folks just do great work in these communities. And you recognize that as retail. You are local and you are part of the community. The folks that work in your stores are part of that community. And so, it’s so important.
I mean, it’s just in our DNA. And so, it’s been a really great thing for us. And there are so many opportunities for us to create opportunities, and that’s what our 100 Hometowns initiatives have done. And so, from our chairman and CEO personally participating in projects, to everyone through the leadership team, to our associates in our stores and our distribution centers, I can tell you, we all enjoyed that. And quite frankly, we’ll continue to do that in a somewhat informal manner because, again, it’s just who we are.
Don, I love that. Greg, I’m going to get your reaction to that before we make sure folks want to connect with Don and the Lowe’s team. Greg, what strikes you there?
I think the recognition that retail is local is critical because you are part of this. I was flashing through my mind, you know, having worked in stores in a retail chain just how local it can be. I used to serve coffee and egg burritos to people in the neighborhood around my store. And it’s not just good for the community, it’s good for business. And that’s kind of why I love these give forward initiatives is because people recognize the genuine nature of these initiatives. I mean, it is good for the business, doing well by doing good, it’s a classic term. But this is a great way to do it. And I particularly appreciate, from Don’s perspective, that it’s not even about getting back from the community, it’s what you owe to the community by being part of it. So, that’s an important perspective for a retail company to have.
Love that. I also love how Don concluded his answer there, “It’s who we are. It’s how we do business. It’s it’s in our DNA.” All right. So, Don, I really have enjoyed your time here today on Supply Chain Now. As busy as you are, I appreciate all the time and perspective and point of view you’ve given us. I think we can learn a lot from what you’ve shared here today and from, basically, how you do business. So, Don, if folks are curious whether it’s about the Hometown 100 or any of the other aspects of the Lowe’s business, how can folks learn more?
Well, obviously, lowes.com is a good place to go and understand under the PR tab. You can see all the great things that we’re doing and can be part of. You can actually connect with me, I’m on LinkedIn, so happy to connect in that area. And quite frankly, for those students that are out there that are thinking about careers, you got jobs.lowes.com. You can go out and see all the available opportunities. And I’d be remiss if I didn’t say, look under supply chain to understand what opportunities are there. Because we’re always looking for great people to join our business and to help us continue our transformation. And so, we’re really excited about that.
And, guys, I’d be really remiss in not saying thank you for what you guys do for the supply chain community. You know, it’s one thing as practitioners, and you guys have done a great job of highlighting all the great things that go on within the different supply chains. And, again, we know that that takes on a lot of different meanings for a lot of different people. And you guys do a really great job of drilling down into it. And so, thank you for being such a supporter of what we do.
Thank you, Don. And you started your interview off, it’s about the people, it’s about the team. Greg and I get a chance to be in front of the camera more often, but, man, we got a homerun team that makes it happen. So, Don, gosh, if that’s not some good news that will brighten anyone’s day and you get better, right? You get better. Just like you pointed out, there’s no finish line, right? Big thanks to Don Frieson, Executive Vice-President of Supply Chain with Lowe’s. Don, I hope you have a homerun 2022, and we’ll have to have you back on really soon.
So, a couple things. So, if you want to just get in touch with me, I have a LinkedIn profile out there. So, guys, just look me up and hit me up on LinkedIn. I’d be happy to respond. If you’re looking for an opportunity, particularly in supply chain, go to jobs.lowes.com. And there’s a supply chain tab there that you can click and our other pieces of the business. So, clearly, we’re always looking for great talent in our transformation journey. And so, it’s just been a real blast spending this time with you guys. And thank you.
You bet. Big thanks.
Thank you, Don.
Big thanks to this MasterClass in supply chain, retail, and leadership, and a lot more. Big thanks to Don Frieson, Executive Vice-President for Supply Chain with Lowe’s. Thank you, Don.
All right. So, Greg, man, who wouldn’t want to work for Don? I mean, that’s the kind of individual that will have you ready to run through walls behind us, right?
Well, clearly, in the last three years, he and the team have had a great impact on the organization. As I said, that’s an organization that’s been ahead of the curve for a lot of years. Anyway, I know they probably don’t feel like it. And as we talked about, they’ve probably had to face the brutal fact, which is one of the principles of Good To Great, in case everybody hasn’t read the book. And if you haven’t, read it. But they have always been a really, really strong and committed organization and, as he said, they continue to grow. They’re never done. So, I think that’s inspirational to me. You know, I had some flashback moments in talking to Don and going, “Gosh. I miss doing this or I miss doing that.” And it’s good. I mean, it’s good. Don’t you think? Yeah. Hell, yeah. I’d love to work for that guy.
I love it. I love Don’s POV here today. And, again, I got to go back to, “It’s who we are. It’s in our DNA. This is how we do business.” That is powerful. When you got the right culture, man, that’s just a forced multiplier. So, big thanks to Don and the whole team over at Lowe’s that helped us make today’s interview happen.
Okay. Greg, wonderful conversation. We got a lot more teed up for 2022. So, folks, if you check out Supply Chain Now, buckle up and get ready, as Greg would say, because we got a lot more good stuff just like this conversation with Don coming at you. But, hey, if you didn’t get 18 pages notes, like I’ve got here from our conversation, including our barbecue recommendation in Memphis, Tennessee, Cozy Corner, you got to check that out. If you take anything away, you got to take Don’s spirit of getting stuff done and getting stuff done better, GSD. Do good, give forward, be the change that’s needed. And on that note, we’ll see you back next time right here at Supply Chain Now. Thanks everybody.
Thanks for being a part of our Supply Chain Now community. Check out all of our programming at supplychainnow.com, and make sure you subscribe to Supply Chain Now anywhere you listen to podcasts. And follow us on Facebook, LinkedIn, Twitter, and Instagram. See you next time on Supply Chain Now.
Don Frieson, As executive vice president of supply chain, Don is responsible for the company’s distribution centers, logistics, transportation and delivery services. He joined Lowe’s in 2018. Don has more than 30 years of operations and supply chain experience, including 19 years at Walmart Inc. He most recently served as chief operating officer at Sam’s Club, a division of Walmart, where he was responsible for all club operations, including supply chain, for more than 650 locations in the U.S. and Puerto Rico. Don also served as senior vice president of supply chain at Walmart, where he led more than 30 distribution centers that supplied merchandise to nearly 1,600 stores, Supercenters and neighborhood markets in the eastern U.S. Don earned a bachelor’s degree in operations management from the University of Tennessee and is a graduate of the Global 20/20 Executive Education Program at Dartmouth College’s Tuck School of Business. He is a member of the Executive Leadership Council and serves on the board of Casey’s General Stores. Connect with Don on LinkedIn.
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Flooding in the Fiji Islands. Video
01.03.12. Tropical cyclone 30 March 2012 caused flash floods, which resulted in the motorway were closed and residents of the main island of Viti Levu, to pick up on the roofs of their houses had to be evacuated. Due to heavy rains in the western part of the island floods.
According to the National Office management in critical situations, the water level was much higher than during the January floods, which killed 11 people. Tropical cyclone TD17F moving south at 19 kilometers per hour.
Most affected by the floods west of the island, in particular Nadi town, which has an international airport, Ba, Lautoka, Rakiraki and Sigatoka. The majority of flights at the airport were canceled. National office management in critical situations, it opened 11 evacuation centers, but no data on the number of evacuees have been reported yet.
According to the National Weather Service predicted heavy rains, accompanied by strong gusts of wind, will go up to April 1. Although the level of flooding is considered dangerous until it was dead.
Fiji is located in the middle of the Pacific Ocean and consists of 330 islands. Main islands of Viti Levu considered (10,429 square kilometers) and Vanua Levu (5,556 square kilometers). The total area of the islands is 18,330 square kilometers with a population of 828,000 people. Most of the islands are prone to floods and tropical cyclones, which cause annual losses of several million dollars. Earthquakes are also a common feature for the islands. For example, March 30, 2012 were recorded tremors 5.3.
Source: EcoWars.TV , hasratroyhana ,stegies
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