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Sacred-texts Mormonism Index Previous Next
THE SMOOT EXPOSURE
Just before the subpoenas were issued in the Smoot investigation, I met John R. Winder (then First Councillor to President Smith) on the street in Salt Lake City, and he expressed the hope that when I went "to Washington on the Smoot case," I would not "betray" my "brethren." I assured him that I was not going to Washington as a witness in the Smoot case; that the men whom he should warn, were at Church headquarters. He replied, with indignant alarm, " I don't see what 'the brethren' have to do with this!"
But when the subpoenas arrived for Smith and the hierarchy, alarm and indignation assumed a new complexion. The authorities, for themselves, and through the mouths of such men as Brigham H. Roberts, began to boast of how they were about to "carry the gospel to the benighted nation" and preach it from the witness stand in Washington. The Mormon communities resounded with fervent praises to God that He had, through His servant, Apostle Smoot, given the opportunity to His living oracles to speak to an unrighteous people! And when the Senators decided that they would not summon polygamous wives and their children en bloc to Washington to testify (because it was not desired to "make war on women and children") some of Joseph F. Smith's several wives even complained feelingly that they "were not allowed to testify for Papa."
The first oracular disclosure made by the Prophets, on the witness stand, came as a shock even to Utah. They testified that they had resumed polygamous cohabitation to an extent unsuspected by either Gentiles or Mormons. President Joseph F. Smith admitted that he had had eleven children borne to him by his five wives, since pledging himself to obey the "revealed" manifesto of 1890 forbidding polygamous relations. Apostle Francis Marion Lyman, who was next in succession to the Presidency, made a similar admission of guilt, though in a lesser degree. So did John Henry Smith and Charles W. Penrose, apostles. So did Brigham H. Roberts and George Reynolds, Presidents of Seventies. So did a score of others among the lesser authorities. And they confessed that they were living in polygamy in violation of their pledges to the nation and the terms of their amnesty, against the laws and the constitution of the state, and contrary to the "revelation of God" by which the doctrine of polygamy had been withdrawn from practice in the Church!
President Joseph F. Smith admitted that he was violating the law of the State. He was asked: "Is there not a revelation that you shall abide by the law of the State and of the land?" He answered, "Yes, sir." He was asked: "And if that is a revelation, are you not violating the laws of God?" He answered: "I have admitted that, Mr. Senator, a great many times here."
Apostle Francis Marion Lyman was asked: "You say that you, an apostle of your Church, expecting to succeed (if you survive Mr. Smith) to the office in which you will be the person to be the medium of Divine revelations, are living, and are known to your people to live, in disobedience of the law of the land and the law of God?" Apostle Lyman answered: "Yes, sir." The others pleaded guilty to the same charge.
But this was not the worst. There had been new polygamous marriages. Bishop Chas. E. Merrill, the son of an apostle, testified that his father had married him to a plural wife in 1891, and that he had been living with both wives ever since. A Mrs. Clara Kennedy testified that she had been married to a polygamist in 1896, in Juarez, Mexico, by Apostle Brigham Young, Jr., in the home of the president of the stake. There was testimony to show that Apostle George Teasdale had taken a plural wife six years after the "manifesto" forbidding polygamy, and that Benjamin Cluff, Jr., president of the Church university, had taken a plural wife in 1899. Some ten other less notorious cases were exposed-including those of M. W. Merrill, an apostle, and J. M. Tanner, superintendent of Church schools. It was testified that Apostle John W. Taylor had taken two plural wives within four years, and that Apostle M. F. Cowley had taken one; and both these men had fled from the country in order to escape a summons to appear before the Senate committee.
President Joseph F. Smith, in his attempts to justify his own polygamy, gave some very involved and contradictory testimony. He said that he adhered to both the divine revelation commanding polygamy and the divine revelation "suspending" the command. He said he believed that the principle of plural marriage was still as "correct a principle" as when first revealed, but that the "law commanding it" had been suspended by President Woodruff's manifesto. He said that he accepted President Woodruff's manifesto as a revelation from God, but he objected to having it called "a law of the Church;" he insisted that it was only "a rule of the Church." He admitted that the manifesto forbidding polygamy had never been printed among the other revelations in the Church's book of "Doctrine and Covenants," in which the original revelation commanding polygamy was still printed without note or qualification of any kind.
He admitted that this anti-polygamy manifesto was not printed in any of the other doctrinal works which the Mormon missionaries took with them when they were sent out to preach the Mormon faith. He claimed that the manifesto was circulated in pamphlet form, but he subsequently admitted that the pamphlet did not "state in terms" that the manifesto was a "revelation." He finally pleaded that the manifesto had been omitted from the book of "Doctrine and Covenants" by an "oversight," and he promised to have it included in the next edition![1]
In short, it was shown, by the testimony given and the evidence introduced, not only that the Church authorities persisted in living in polygamy, not only that polygamous marriages were being contracted, but that the Church still adhered to the doctrine of polygamy and taught it as a law of God.
President Joseph F. Smith denied the right of Congress to regulate his "private conduct" as a polygamist. "It is the law of my state to which I am amenable," he said, "and if the officers of the law have not done their duty toward me I can not blame them. I think they have some respect for me."
A mass of testimony showed why the officers of the law did not do their duty. During the anti-polygamy agitation of 1899 (which ended in the refusal of Congress to seat Brigham H. Roberts) a number of prosecutions of polygamists had been attempted. In many instances the county attorney had refused to prosecute even upon sworn information. Wherever prosecutions were had, the fines imposed were nominal; these were in some cases never paid, and in other cases paid by popular subscription. It was testified that in Box Elder County subscription lists had been circulated to collect money for the fines, but that the fines were never paid, though the subscriptions had been collected. All the prosecutions had been dropped, at last. It was pleaded that there was a strong Gentile sentiment against these prosecutions, because of the hope that no new polygamous marriages were being contracted; but it was shown also, that the Church authorities controlled the enforcement of the law by their influence in the election of the agents of the law.
The Church controlled, too, the making of the law. For example, testimony was given to show that in 1896 the Church authorities had appointed a committee of six elders to examine all bills introduced into the Utah legislature and decide which were "proper" to be passed. In the neighboring state of Idaho, the legislature, in 1904, unanimously and without discussion passed a resolution
for a new state constitution that should omit the anti-polygamy test oath clauses objectionable to the Mormons; and in this connection it was testified that the state chairman of both political parties in Idaho always went to Salt Lake City, before a campaign, to consult with the Church authorities; that every request of the authorities made to the Idaho political leaders was granted; that six of the twenty-one countries in Idaho were "absolutely controlled" by Mormons, and the "balance of power" in six counties more was held by Mormons; and that it was "impossible for any man or party to go against the Mormon Church in Idaho." Apostle John Henry Smith testified that one-third of the population of Idaho was Mormon and one-fourth of the population of Wyoming, and that there were large settlements in Nevada, Colorado, California, Arizona and the surrounding states and territories.
A striking example of the power of the Church as against the power of the nation was given to the Senate committee by John Nicholson, chief recorder of the temple in Salt Lake City. He had failed to produce some of the temple marriage records for which the committee had called. He was asked whether he would bring the books, on the order of the Senate of the United States, if the First Presidency of the Church forbade him to bring them. He answered: "I would not." He was asked: "And if the Senate should send the Sergeant-at-Arms of the Senate and arrest you and order you to bring them" (the records) "with you, you would still refuse to bring them, unless the First Presidency asked you to?" He answered, "Yes, sir."
It was shown that classes of instruction in the Mormon religion had been forced upon teachers in a number of public schools in Utah by the orders of the First Presidency. (These orders were withdrawn after the exposure before the committee.) Church control had gone so far in Brigham City, Box Elder County, Utah, that in a dispute between the City Council and the electric lighting company of the city, the local ecclesiastical council interfered. In the same city, two young men built a dancing pavilion that competed with the Church-owned Opera House; the ecclesiastical council "counselled" them to remove the pavilion and dispose of "the material in its construction;" they were threatened that they would be "dropped" if they did not obey this "counsel;" and they compromised by agreeing to pay twenty-five percent of the net earnings of their pavilion into the. Church's "stake treasury." In Monroe ward, Sevier County, Utah, in 1901, a Mormon woman named Cora Birdsall had a dispute with a man named James E. Leavitt about a title to land. Leavitt went into the Bishop's court and got a decision against her. She wrote to President Joseph F. Smith for permission either to appeal the case direct to him or "to go to law" in the matter; and Smith advised her "to follow the order provided of the Lord to govern in your case." The dispute was taken through the ecclesiastical courts and decided against her. She refused to deed the land to Leavitt and she was excommunicated by order of the High Council of the Sevier Stake of Zion. She became insane as a result of this punishment, and her mother appealed to the stake president to grant her some mitigation. He wrote, in reply: "Her only relief will be in complying with President Smith's wishes. You say she has never broken a rule of the Church. You forget that she has done so by failing to abide by the decision of the mouthpiece of God." She finally gave up a deed to the disputed land and was rebaptized in 1904. (Letters of the First Presidency were, however, introduced to show that it had been the policy of the presidency-particularly in President Woodruff's day-not to interfere in disputes involving titles to land.)
It was testified that a Mormon merchant was expelled from the Church, ostensibly for apostasy, but really because he engaged in the manufacture of salt "against the interests of the President of the Church and some of his associates;" that a Mormon Church official was deposed "for distributing, at a school election, a ticket different from that prescribed by the Church authorities"-and so on, interminably.
Witness after witness swore to the incidents of Church interference in politics which this narrative has already related in detail. But no attempt was made to show the Church's partnership with the "interests;" and the power of the Church in business circles was left to be inferred from President Smith's testimony that he was then president of the Zion's Co-operative Mercantile Institution, the State Bank of Utah, the Zion's Savings Bank and Trust Company, the Utah Sugar Company, the Consolidated Wagon and Machine Company, the Utah Light and Power Company, the Salt Lake and Los Angeles Railroad Company, the Saltair Beach Company, the Idaho Sugar Company, the Inland Crystal Salt Company, the Salt Lake Knitting Company, and the Salt Lake Dramatic Association; and that he was a director of the Union Pacific Railway Company, vice-president of the Bullion-Beck and Champion Mining Company, and editor of the Improvement Era and the Juvenile Instructor.
It was shown that Utah had not been admitted to statehood until the Federal government had exacted, from the Church authorities and the representatives of the people of Utah, every sort of pledge that polygamy had been forever abandoned and polygamous relations discontinued by "revelation from God"; that statehood had not been granted until solemn promise had been given and provision made that there should be "no union of church and state," and no church should "dominate the state or interfere with its functions;" and that the Church's escheated property had been restored upon condition that such property should be used only for the relief of the poor of the Church, for the education of its children and for the building and repair of houses of worship "in which the rightfulness of the practice of polygamy" should not be "inculcated."
Therefore the testimony given before the Senate committee by these members of the Mormon hierarchy, showed that they had not only broken their covenants and violated their oaths, but that they had been guilty of treason. What was the remedy ? Jeremiah M. Wilson, a lawyer employed by the Church authorities in 1888 to argue, before a Congressional committee, in behalf of the admission of Utah to statehood, had pointed out the remedy in these words:
"It is idle to say that such a compact may be made, and then, when the considerations have been mutually received-statehood on the one side and the pledge not to do a particular thing on the other-either party can violate it without remedy to the other. But you ask me what is the remedy, and I answer that there are plenty of remedies in your own hands.
"Suppose they violate this compact; suppose that after they put this into the constitution, and thereby induce you to grant them the high privilege and political right of statehood, they should turn right around and exercise the bad faith which is attributed to them here-what would you do? You could shut the doors of the Senate and House of Representatives against them; you could deny them a voice in the councils of this nation, because they have acted in bad faith and violated their solemn agreement by which they succeeded in getting themselves into the condition of statehood. You could deny them the Federal judiciary; you could deny them the right to use the mails-that indispensable thing in the matter of trade and commerce of this country. There are many ways in which peaceably, but all powerfully, you could compel the performance of that compact."
This argument by Mr. Wilson in 1888 was recalled by the counsel for the protestants in the investigation. It was recalled with the qualification that though Congress might not have the power to undo the sovereignty of the state of Utah it could deal with Senator Smoot. And it was further argued: "The chief charge against Senator Smoot is that he encourages, countenances, and connives at the defiant violation of law. He is an integral part of a hierarchy; he is an integral part of a quorum of twelve, who constitute the backbone of the Church. . . . He, as one of that quorum of twelve apostles, encourages, connives at, and countenances defiance of law."
On June 11, 1906, a majority of the committee made a report to the Senate recommending that Apostle Smoot was not entitled to his seat in the Senate. They found that he was one of a "self-perpetuating body of fifteen men, uniting in themselves authority in both Church and state," who "so exercise this authority as to encourage a belief in polygamy as a divine institution, and by both precept and example encourage among their followers the practice of polygamy and polygamous cohabitation;" that the Church authorities had "endeavored to suppress, and succeed in suppressing, a great deal of testimony by which the fact of plural marriages contracted by those who were high in the councils of the Church might have been established beyond the shadow of a doubt;" and that "aside from this it was shown by the testimony that a majority of those who give law to the Mormon Church are now, and have been for years, living in open, notorious and shameless polygamous cohabitation." Concerning President Woodruff's anti-polygamy manifesto of 1890, the majority of the committee reported that "this manifesto in no way declares the principle of polygamy to be wrong or abrogates it as a doctrine of the Mormon Church, but simply suspends the practice of polygamy to be resumed at some more convenient season, either with or without another revelation." They found that Apostle Smoot was responsible for the conduct of the organization to which he belonged; that he had countenanced and encouraged polygamy "by repeated acts and in a number of instances, as a member of the quorum of the twelve apostles;" and that he was "no more entitled to a seat in the Senate than he would be if he were associating in polygamous cohabitation with a plurality of wives."
The report continued: "The First Presidency and the twelve apostles exercise a controlling influence over the action of the members of the Church in secular affairs as well as in spiritual matters;" and "contrary to the principles of the common law under which we live, and the constitution of the State of Utah, the First Presidency and twelve apostles dominate the affairs of the State and constantly interfere in the performance of its functions. . . . But it is in political affairs that the domination of the First Presidency and the twelve apostles is most efficacious and most injurious to the interests of the State. . . . Notwithstanding the plain provision of the constitution of Utah, the proof offered on the investigation demonstrates beyond the possibility of doubt that the hierarchy at the head of the Mormon Church has, for years past, formed a perfect union between the Mormon Church and the State of Utah, and that the Church, through its head, dominates the affairs of the State in things both great and small." And the report concluded: "The said Reed Smoot comes here, not as the accredited representative of the State of Utah in the Senate of the United States, but as the choice of the hierarchy which controls the Church and has usurped the functions of the State in Utah. It follows, as a necessary conclusion from these facts, that Mr. Smoot is not entitled to a seat in the Senate as a Senator from the State of Utah."
On the same day a minority report was presented by Senators J. B. Foraker, Albert J. Beveridge, Wm. P. Dillingham, A. J. Hopkins and P. C. Knox. They found that Reed Smoot possessed "all the qualifications prescribed by the Constitution to make him eligible to a seat in the Senate;" that "the regularity of his election" by the Utah legislature had not been questioned; that his private character was "irreproachable;" and that "so far as mere belief and membership in the Mormon Church are concerned, he is fully within his rights and privileges under the guaranty of religious freedom given by the Constitution of the United States." Having thus summarily excluded all the large and troublesome points of the investigation, these Senators decided that there remained "but two grounds on which the right or title of Reed Smoot to his seat in the Senate" was contested. The first was whether he had taken a certain "endowment oath" by which "he obligated himself to make his allegiance to the Church paramount to his allegiance to the United States;" and the second was whether "by reason of his official relation to the Church" he was "responsible for polygamous cohabitation" among the Mormons. As to the first charge, the minority found that the testimony upon the point was "limited in amount, vague and indefinite in character and utterly unreliable, because of the disreputable character of the witnesses "-oddly overlooking the fact that one of these witnesses had been called for Apostle Smoot; that no attempt had been made to impeach the character of this witness; that the other witnesses had been denounced, by a Mormon bishop, named Daniel Connolly, as "traitors who had broken their oaths to the Church" by betraying the secrets of the "endowment oath;" and that all the Smoot witnesses who denied the anti-patriotic obligation of the oath refused, suspiciously enough, to tell what obligation was imposed on those who took part in the ceremony.
The charge that Smoot, as an apostle of the Church, had been responsible for polygamous cohabitation was as easily disposed of, by the minority report. He had himself, on oath, "positively denied" that he had "ever advised any person to violate the law either against polygamy or against polygamous cohabitation," and no witness had been produced to testify that Apostle Smoot had ever given "any such advice" or defended "such acts." True, it was admitted that he had "silently acquiesced" in the continuance of polygamous cohabitation by polygamists who had married before 1890; but it was contended that to understand this acquiescence it was "necessary to recall some historical facts, among which are some that indicate that the United States government is not free from responsibility for these violations of the law."
In short, although Reed Smoot was one of a confessed band of law-breaking traitors, he was of "irreproachable" private character. Although the band had been guilty of every treachery, none of the band had admitted that Smoot had encouraged them in their villainies. Smoot had only "silently acquiesced"-and in this he had been no guiltier than the intimidated bystanders and the gagged victims of the outrages. Although the gang had stolen the machinery of elections and used it to print a Senatorial certificate for Smoot, there was nothing to show that the form of the certificate was not correct. Moreover, the band operated in politics as a religious organization, and the constitution of the United States protects a man in his right of religious freedom!
1 He did not keep his promise. The manifesto was not added to the book of revelations until some time later, after considerable protest in Utah.
Next: XIV Treason Triumphant
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Ad hoc arbitration, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Australia, BIT, Transparency, Transparency in investment arbitrations, Uncategorized, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration
Esmé Shirlow (Associate Editor) (Australian National University)/ December 19, 2015 December 20, 2015 /2 Comments
by Esmé Shirlow (Assistant Editor for Australia & New Zealand)
Gabriele Ruscalla has recently observed that “transparency has become a fundamental principle in international adjudication”. The transparency paradigms governing different types of international adjudication are, however, far from uniform. Discussions of transparency in international arbitration typically begin, for example, from a distinction between commercial and investment treaty disputes. As Cristoffer Nyegaard Mollestad explains in a recent paper:
In commercial arbitration a presumption of “implied” confidentiality has traditionally been considered the norm… However… commentators and investment tribunals have increasingly recognized that the characteristics of investor-state disputes raise transparency issues specific to that particular field, and consequently requires its own solutions.
The history of Australia’s legislative and treaty practice, as well as its more recent experiences in 2015, neatly illustrate this divide in approaches towards confidentiality and/or transparency in commercial and investment treaty arbitration. In particular, it illustrates that transparency of proceedings is indeed becoming a ‘fundamental principle’ of Australia’s investment treaty practice, but – on the contrary – that the presumption of confidentiality is increasingly being entrenched for international commercial arbitration. This post examines the shifting treatment by Australia of procedural transparency in both regimes.
Moving towards greater confidentiality in international commercial arbitration
The transparency of international commercial arbitrations seated in Australia is governed by provisions of Australia’s International Arbitration Act. Provisions in the Act affecting the transparency or confidentiality of such arbitrations have gone through three iterations since its enactment in 1974.
Initially, the Act did not expressly regulate the issue of confidentiality. It was widely assumed that the presumption of confidentiality averred to above would nevertheless apply in international commercial arbitration proceedings seated in Australia. In 1995, however, Australia’s High Court held in applying the Act that there was – absent the agreement of the parties – no such implied duty of confidentiality. The Court further held that even if a contract provided for confidentiality, that would be subject to override if the public interest warranted greater transparency.
In response to this decision, amendments were introduced to the Act in 2010 to provide for an ‘opt-in’ confidentiality regime. Under this new regime, parties could elect to apply statutory provisions governing the disclosure of information and documents from the proceedings, including provisions stipulating when documents (such as pleadings, evidence, transcripts, awards etc) may be disclosed by the parties, or made the subject of disclosure by an arbitral tribunal or Australian court. These amendments adopted the position taken in many submissions received during a public consultation process, which were overwhelmingly in favour of amending the Act to address the High Court’s decision.
New legislative amendments introduced in October this year have completed Australia’s move towards greater confidentiality in international commercial arbitration. These amendments provide that – unless the parties stipulate otherwise – proceedings arising from all arbitration agreements concluded from 14 October onwards will remain confidential. This opt-out regime makes it even more likely that international commercial arbitrations seated in Australia will be conducted on a confidential basis.
The recent amendments have been introduced with very little fanfare or public discussion. In fact, parliamentary speeches and the explanatory memorandum portrayed the changes to the Act as being relatively ‘minor’ in character. This may be because the ‘opt-out’ regime was initially floated in responses to the 2010 amendment’s consultation process. The opt-out provisions are also closely modeled on the regime governing the confidentiality of international commercial arbitrations seated in New Zealand.
Moving towards Greater Transparency in International Investment Arbitration
Australia’s approach to procedural transparency in international investment arbitration can similarly be broken into differing time periods. Contrary to Australia’s experience with commercial arbitration, however, Australia is very clearly moving towards greater transparency in investment arbitration proceedings.
Australia’s starting point in regulating the issue of transparency in international investment arbitration was similar to its starting point for international commercial arbitration: it initially did not expressly regulate the matter. Indeed, from 1988 to 2005, Australia concluded 22 treaties providing for investor-State dispute settlement, none of which themselves contained any provisions on confidentiality or transparency of proceedings. Rather, each treaty provided that the proceedings would be conducted according to certain procedural rules (usually, the UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention and Rules in force at this time, for example, provided that awards could not be published without party consent. Similarly, the applicable UNCITRAL Arbitration Rules provided for closed hearings and the non-publication of awards absent party agreement to the contrary. To the extent that the Rules left certain matters (such as amicus curiae participation) unaddressed, tribunals applying them would encounter the same issue faced by Australia’s High Court: whether there was an implied presumption of confidentiality applicable to the proceedings. Different tribunals have answered the question in a range of ways. For present purposes, however, it suffices to conclude that in this early period of treaty practice, Australia started from the position of silence or – to the extent that the matter was addressed by the Rules – a predominantly opt-out regime.
In the early 2000s, Australia modified its treaty practice to incorporate a smattering of provisions in its investment treaties on transparency and/or confidentiality. In particular, it concluded two free trade agreements which – whilst being generally silent on such issues – nevertheless contained a number of express provisions. The first such treaty with Singapore (2003), provided that each party was free to disclose ‘statements of its own positions or its submissions to the public’ if it protected ‘confidential information’ in doing so. A second treaty with Mexico (2005), stipulated that party consent was required for the publication of arbitral decisions.
From the mid-2000s onwards, Australia adopted a strong pro-transparency approach for investment arbitration proceedings. This is exemplified by its treaty practice and involvement in international fora.
Australia has – since 2009 – included express provisions on confidentiality and/or transparency in all of its treaties providing for investor-State proceedings. Starting in 2009, the ASEAN free trade agreement provided that either party could elect to publish any awards or decisions of a tribunal (with appropriate confidentiality redactions). Australia went even further in its treaties with Chile (2009) and Korea (2014), providing for the involvement of amicus curiae; mandatory disclosure of certain documents (including the notice of intent, notice of arbitration, submissions to the tribunal, and the tribunal’s orders, decisions and awards); and the holding of open hearings. Australia’s 2015 treaty practice confirms this pro-transparency trend. Both the China-Australia Free Trade Agreement and Trans-Pacific Partnership Agreement regulate amicus curiae involvement, the publication of documents, and the holding of open hearings.
Australia has also taken a pro-transparency position in intergovernmental fora. Australia was, for example, a vocal supporter of increased transparency during the negotiation of amendments to the UNCITRAL Arbitration Rules, including the preparation of a legal standard on transparency in treaty-based investor-State arbitration. In 2010, for example, Australia’s comments to the Secretariat of UNCITRAL’s Working Group II indicated that:
Australia supports transparency in treaty-based investor-State arbitration and welcomes the Commission’s decision to undertake work on the issue as a matter of priority immediately after completion of the current revision of the UNCITRAL Arbitration Rules.
Subsequently, in 2012, Australia (along with a number of other countries) submitted a proposal to the Working Group regarding the scope and application of the draft rules on transparency. The intention behind the proposal was to ensure that the rules would operate on an opt-out (rather than opt-in) basis, it being hoped that this would “send a powerful pro-transparency message and would promote widespread use of the transparency rules”. Australia has recently retreated to some extent from this position, particularly in treaty negotiations with its Asian neighbours. In side letters to Australia’s treaties with Korea and China, for example, the parties have opted out of applying the UNCITRAL Rules on Transparency. They have, nevertheless, indicated a commitment to consulting on the applicability of those rules in the future.
The legislative and treaty practice above indicate the increasing distinction being made by Australia between the treatment of transparency in investment and commercial arbitration. Perhaps more fundamentally, however, Australia’s approach evidences its ability to learn from, and improve upon, developments in both domestic and international practice. It remains to be seen, however, how far Australia will push the issue of transparency in the context of future investment disputes (though see here for discussion of its approach in the only dispute it has responded to thus far), in treaty negotiations, and in multilateral fora. There are, for example, indications that Australia will soon begin negotiations with the EU for a free trade agreement. To the extent that this treaty provides for investor-State proceedings, it will be interesting to see whether Australia adopts the EU’s proposal for the establishment of an Investment Court, and how far this might depart from, or bolster, the transparency regime already adopted in Australia’s pre-existing treaties. Australia is also yet to sign the United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration, but side letters contained in recently concluded treaties indicate that it is actively considering the applicability of those rules in its own treaty practice. While the end of the transparency/confidentiality journey therefore seems to have been reached for international commercial arbitration in Australia, Australia has only recently embarked towards amending the transparency regime governing investment treaty arbitration.
Indirect Expropriation under the TPP: A New Frontier for the Right of States to Regulate?
Nahila Cortes (Allende & Brea)/ December 20, 2015 December 20, 2015
The Strange Case of Italy and its Distrust of International Arbitration
Pietro Fogari (Lombardi Segni e Associati)/ December 18, 2015 December 11, 2015
Prof Luke Nottage says:
1. The change to an opt-out provision (ie a default rule) of confidentiality for international commercial arbitration was partly due to the glaring inconsistency with the new uniform Commercial Arbitration Acts introduced from 2010 in Australian states and territories solely now for domestic arbitrations. Those had adopted such a rule and thereby overruled the controversial Esso judgment of the High Court of Australia which had stated that there was no implied duty of confidentiality (albeit in a domestic arbitration involving a public authority). A cynic might say that it is a belated recognition of a drafting inconsistency, like the “legislative black hole” created by the interaction of these CAAs and the 2010 amendments to the federal International Arbitration Act, which was also corrected by a separate amendment in 2015. An optimist might say it is a renewed attempt to encourage arbitrators to manage proceedings more robustly and efficiently, against a backdrop of over-formalisation of arbitration in Australia. Cf generally:
Nottage, Luke R., International Commercial Arbitration in Australia: What’s New and What’s Next? (February 9, 2014). INTERNATIONAL COMMERCIAL LAW AND ARBITRATION: PERSPECTIVES, N. Perram, ed., Ross Parsons Centre of Commercial, Corporate and Taxation Law, pp. 307-341, 2014; Sydney Law School Research Paper No. 14/13. Available at SSRN: http://ssrn.com/abstract=2393232
2. The heightened transparency provisions in Australia’s FTAs since 2003 (not, ironically, in BITs concluded with Turkey and even Mexico in 2005, which followed Australia’s old / Western European template) is due to adopting – with almost no explanation – the US (post-NAFTA, then 2004 revised Model BIT) framework. That tendency is also common around the Asia-Pacific (including eg Singapore, Chile), which also heavily frames the drafting and features of the TPP investment chapter:
Nottage, Luke R., The TPP Investment Chapter and Investor-State Arbitration in Asia and Oceania: Assessing Prospects for Ratification (April 20, 2016). Sydney Law School Research Paper No. 16/28. Available at SSRN: http://ssrn.com/abstract=2767996
Esme Shirlow says:
Many thanks for your comments, and for these links to your articles. I agree with your assessment that the US approach to transparency in investment treaties has been very influential – both for Australia and for other countries. Cristoffer Nyegaard Mollestad recently completed a fairly comprehensive review of treaties that bears out this observation (“See No Evil? Procedural Transparency in International Investment Law and Dispute Settlement”, available at (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2516242). It will be interesting to see what position Australia adopts with respect to transparency if it ever develops its own model BIT (on which possibility I found your 2015 piece particularly interesting: http://blogs.usyd.edu.au/japaneselaw/2015/06/senates_report_treaties.html).
I am especially interested to see how Australia will approach transparency in future treaties now that the UNCITRAL Transparency Rules have been developed as an available framework. The approach taken in the TPP to transparency goes beyond the level guaranteed by the Rules in certain respects (for example, by excluding discretion for tribunals to derogate from the transparency provisions: art 9.23(2), see further: http://kluwerarbitrationblog.com/2015/12/09/a-right-of-public-access-to-investor-state-arbitral-proceedings/). That said, Australia has not fully embraced the applicability of the Rules in the context of other treaties, instead leaving scope for their application to be agreed at some future point in time (see, for example: http://dfat.gov.au/trade/agreements/kafta/official-documents/Pages/side-letter-uncitral-transparency-rules-australia.aspx). It seems that Australia’s approach to this issue is therefore still being guided to some extent by outside influences, and it will certainly be of interest to see if it ultimately decides to endorse a particular approach by way of a model treaty or instead follows its current more case-by-case approach to negotiations.
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Australia, Disclosure, Discovery, Pre-Action Disclosure, Pre-arbitral procedure, Preliminary Discovery
Preliminary Discovery in International Arbitration: An Australian Perspective
Leon Chung, Guillermo García-Perrote, Brendan Hord (Herbert Smith Freehills LLP)/ May 6, 2020 May 4, 2020 /Leave a comment
The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents where it is “relevant to the case and material to its outcome”.1)Article 3(3)(b). This approach has been reasonably effective in practice as a compromise between the extensive discovery generally afforded in common law courts, and the very limited document production orders granted by civil law courts.
But what is the position where, before an arbitral tribunal is constituted, a party needs to obtain documents from a prospective respondent, to determine whether to even initiate a case at all?
Preliminary discovery may fill this gap. It may enable a prospective claimant to compel a prospective respondent to produce documents for the purpose of determining whether to commence legal proceedings. However, while an arbitral tribunal clearly has power to order document production once proceedings have commenced (subject, of course, to any limitations under the arbitration agreement and the applicable law), it is not clear that the tribunal’s powers extend to preliminary discovery.
This blog post will examine whether preliminary discovery is available in arbitrations seated in Australia, and offer some practical insights for litigants considering this.
The Australian position
The general position is that before initiating arbitration proceedings, a prospective claimant may seek preliminary discovery under domestic court procedures: see the New South Wales Supreme Court’s (“NSWSC”) judgment in nearmap Ltd v Spookfish Pty Ltd [2014] NSWSC 1790.
In this case, the plaintiff, nearmap Ltd (“nearmap”), operated a business supplying aerial and geospatial photomosaic images. It relied on innovative and confidential design processes and information. Several employees, including a former Chief Technology Officer and a Chief Operating Officer, left to operate a rival firm in the same industry, Spookfish Pty Ltd (“Spookfish”).
Nearmap was worried that its former employees retained confidential information from their employment, and that Spookfish was unlawfully using that information in its business. It sought preliminary discovery from Spookfish and its directors under the NSWSC’s procedural rules, the Uniform Civil Procedure Rules 2005 (NSW) (the “UCPR”), to determine whether to pursue proceedings against the defendants for breach of confidence (among other claims).
Spookfish resisted the application, arguing that it should be permanently stayed pursuant to an arbitration agreement between the parties, and determined by the arbitral tribunal instead. Spookfish cited s 8 of the Commercial Arbitration Act 2012 (WA) and s 8 of the Commercial Arbitration Act 2010 (NSW) (each, an “Act”), which both provide that:
“A court before which an action is brought in a matter which is the subject of an arbitration agreement must, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed.”
Chief Judge in Equity Bergin (“Bergin CJ in Eq”) refused to stay the court proceedings in favour of arbitration, finding that the motion for preliminary discovery was not a “matter” for the purposes of the cited provisions. A claim that Spookfish’s employees breached their obligations of confidentiality would constitute a “matter”. However, an application for preliminary discovery was of a different kind, being “not a dispute as to the rights or obligations of the parties” but instead “a right independent of the Agreements…arising under the Uniform Civil Procedure Rules and any obligation to produce the documents arises from a judicial determination, having regard to whether the prerequisites in the Rule have been satisfied.” (At [72])
Her Honour also found that a tribunal’s power to order “discovery of documents” under s 17(3)(b) of each Act relates to discovery relevant to the issues between the parties in respect of any application for the quasi-injunctive relief set out in s 17(2) of the Act, and does not extend to ordering preliminary discovery. (At [76])
Further, the interim measure referred to in s 17(2)(d) of the preservation of “evidence that may be relevant and material to the resolution of the dispute” is also not a vehicle for preliminary discovery but “to secure evidence in respect of which a party to an already existing dispute of which the arbitrator is seized, may entertain fears of destruction or dissipation in the absence of such an interim measure.” (At [76])
Although nearmap concerned a domestic arbitration, its principles are likely also applicable to international arbitrations seated in Australia. Section 7(2) of the International Arbitration Act 1974 (Cth) requires a court to refer a “matter” to arbitration where a party has initiated court proceedings which are arbitrable and are subject to a valid arbitration agreement. In light of nearmap, Australian courts are unlikely to find that a preliminary discovery application is a “matter” which engages s 7(2).
The implication is that a prospective claimant to a dispute covered by an arbitration agreement should seek preliminary discovery under domestic court procedures instead of from the arbitral tribunal.
The prospective claimant may rely on rule 7.23 of the Federal Court Rules 2011 (Cth) or rule 5.3(1) of the UCPR. Under those provisions, a court may order preliminary discovery from a prospective defendant in possession of a document which may assist in determining if the applicant has a claim, provided the applicant has already undertaken reasonable inquiries which have not yielded sufficient information for it to decide whether to commence proceedings. The usual limitations arising from privilege and the implied undertaking as to the use of documents also apply.2)See Ben Kremer and Rebecca Davies, Preliminary discovery in the Federal Court: Order 15A of the Federal Court Rules, (2004) 24 Aust Bar Rev 235, 255-258.
One interesting open question is whether parties can confer an arbitral tribunal with powers to order preliminary discovery, by expressly stating so in the arbitration agreement. Bergin CJ in Eq ruled that applications for preliminary discovery did not attract the protection of s 8(1) of the Act, not that such applications are not arbitrable. Considering parties’ flexibility to select the arbitral procedure under article 19(1) of the Model Law, it is theoretically conceivable that the parties could expressly confer the power to order preliminary discovery on the tribunal. In practice, however, recourse to domestic courts is likely to be more practical since it would allow prospective claimants to obtain preliminary discovery before an arbitral tribunal has been constituted.
As a quick comparison, English courts adopt a different position with respect to preliminary discovery (there known as “pre-action disclosure”). In Travelers Insurance Company v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC), the High Court held that it could not order pre-action disclosure under the Court’s procedures where the dispute is subject to a valid arbitration agreement between the parties.
Under s 33(2) of the Senior Courts Act 1981 (the “SCA”), the High Court may only grant an application for pre-action disclosure to “a person who appears to the High Court to be likely to be a party to subsequent proceedings in that court.” Justice Coulson held that the existence of the arbitration agreement meant that the applicant was not a likely party to subsequent proceedings in the High Court.3)At [17]-[21]. Therefore, the Court did not have the requisite power and the application needed to be made to the arbitral tribunal. (At [30])
The difference between the positions in Australia and England is in part attributable to the differences in the procedural rules governing preliminary discovery/pre-action disclosure. Rule 5.3 of the UCPR allows preliminary discovery if “the applicant may be entitled to make a claim for relief from the court against a person”, whereas s 33(2) of the SCA is more restrictive in requiring that the applicant is ”likely to be a party to subsequent proceedings in that court”.
Prospective claimants should also consider the following when determining whether to pursue an application for preliminary discovery in respect of arbitration.
First, a party who is seeking preliminary discovery is generally responsible for the costs of the discovery. For example, in the Australian Federal Court (see Sites N Stores Pty Ltd v Whirlpool.Net.Au Pty Ltd [2015] FCA 1474), the default position is that an applicant for preliminary discovery should pay the costs of the producing party unless the producing party has acted unreasonably. The costs of the discovery process can be significant and the potential strategic benefits of obtaining helpful documents should be weighed against costs and procedural economy considerations.
Second, it can often be difficult to determine whether a prospective respondent possesses documents which may assist so there is an element of risk involved. This, again, should be weighed against the potential benefit of locating documents which may found a viable claim.
Third, the scope of preliminary discovery is limited. In Australia, preliminary discovery cannot be used by a party to merely strengthen its position where it has already decided to commence legal proceedings, or ‘fish’ for information without believing that a genuine claim exists (see Airservices Australia v Transfield Pty Ltd [1999] FCA 886 at [5]).
Article 3(3)(b).
See Ben Kremer and Rebecca Davies, Preliminary discovery in the Federal Court: Order 15A of the Federal Court Rules, (2004) 24 Aust Bar Rev 235, 255-258.
At [17]-[21].
The Threshold for Challenges in ICSID Arbitration: Interpreting the ‘Manifest Lack’ Standard
Riddhi Joshi/ May 7, 2020 May 6, 2020
Hold on to Your Seats, Again! Another Step to Validation in Enka v Chubb Russia?
Mihaela Maravela (Mihaela Maravela Law Office)/ May 5, 2020 December 13, 2020
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american academy of science and technology
• This is chiefly a problem with long or repeated courses of treatment and has limited their use otherwise important role for oral treatment of respiratory exacerbations in cystic fibrosis patients due to P. aerginosae . A non-profit organization for scientist communities to exchange academic ideas, organize national and international conferences on science, award the AAS prize. For foreign citizens who want to live permanently in the United States. A Brief Look at M.A.S.T. Through the Academy, the United States hopes to help researchers from both countries identify opportunities for new U.S.-Chilean partnerships to augment our strong bond of cooperation in science and technology. 691, September 2020. M.A.S.T. One of the nation’s most prestigious honorary societies, the academy is also a leading center for independent policy research. Tweet. 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This goal has never been more important for the nation or for the world. AAST stands for American Academy of Science and Technology. Historique. A global community of 32,000 medical doctors, we … We publish prepublications to facilitate timely access to the committee's findings. The Academy receives no compensation from the government for its services. Science & Technology. A non-profit organization for scientist communities to exchange academic ideas, organize national and international conferences on science, award the AAS prize . This is a … AAST is an acronym for American Academy of Science and Technology. AAST stands for American Academy of Science and Technology. Meeting Room. The Registered Agent on file for this company is Shadi Martini and is located at 30594 Orchard Lake Rd Unit 56, Farmington Hills, MI 48334. Membership in the academy is achieved through a thorough petition, review, and election process and has been considered a high honor of scholarly and societal merit. 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As early as 1743, Benjamin Franklin had founded the American Philosophical Society (APS). This is really the most central organization to be in and meet colleagues to discuss research, collaborate, and advance the fields all together as a collective.” Elle joue le rôle de société honorifique aux États-Unis. More. Challenges for International Scientific Partnerships aims to articulate the benefits of international collaboration and recommend solutions to the most pressing challenges associated with the design and operation of partnerships. The Registered Agent on file for this company is Business Filings Incorporated and is located at … The company's filing status is listed as Active and its File Number is F0080J. It is organized by the International Journal of Arts and Sciences (IJAS). Official site of the Academy with history and general information on the Academy Awards, as well as photographs, events and screenings, and press releases. Telephone: (56-2) 330 3081 Systemic Racism in the Sciences Requires Structural Solutions . of. Members contribute to academy publications, as well as studies of science and technology policy, energy and global security, social policy and American institutions, the humanities and culture, and education. Members contribute to academy publications, as well as studies of science and technology policy, energy and global security, social policy and American institutions, the humanities and culture, and education. The American Academy for Training Courses (AATC) is a training provider with internationally accredited qualifications & training programs. American Academy of Arts & Sciences | 1,511 followers on LinkedIn. This is the official website of the U.S. Embassy in Chile. An uncorrected copy, or prepublication, is an uncorrected proof of the book. The Rise of the Regulatory Welfare State: The Use and Abuse of Social Regulation Special Editors: David Levi-Faur and Avishai Benish Vol. on Environmental Science and Technology sponsored by the American Academy of Sciences will be held on August 6-9, 2007 in Houston, Texas, the United States of America (USA). Visit MAST's Full Site . Up to 84 members who are US citizens are elected every year; up to 21 foreign citizens may be elected as foreign associates annually. It employed about 1,100 staff in 2005. The American Academy of Arts and Sciences is one of the oldest learned societies in the United States. The people behind the name have hidden the domain registration by using GoDaddy's Domains By Proxy as the registrant. The Alternative Energy Future project examines how to facilitate the adoption of cleaner and more efficient energy technologies using knowledge from the social and behavioral sciences. Menu Search "AcronymAttic.com. Learn more about quality higher-education opportunities in the U.S. that you will not find anywhere else in the world. The Public Face of Science is dedicated to exploring the complex and evolving relationship between scientists and the public. Symposium . Deadline: January 07, 2019 Read full call. American Academy of Arts & Sciences | Web Policy, American Association for the Advancement of Science, Challenges for International Scientific Partnerships, American Institutions, Society, and the Public Good, Education and the Development of Knowledge, Global Security and International Affairs. Working across disciplines and divides. One of the nation’s most prestigious honorary societies, the academy is also a leading center for independent policy research. As part of the Academy’s Initiative for Science, Engineering, and Technology, the Hellman Fellowship in Science and Technology Policy provides an opportunity for an early-career professional with training in science or engineering to learn about a career in public policy and administration. American Academy of Science and Technology es una iniciativa conjunta entre la Embajada de Estados Unidos y … L'Académie américaine des arts et des sciences (en anglais American Academy of Arts and Sciences) est une organisation vouée à l’enseignement et au progrès des connaissances. During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. International Conference on Environmental Science and Technology 2020 sponsored by AAS will be held on July 13-17, 2020 in Houston, Texas, USA. Science + Technology; Patrick Semansky/AP ‘Science is political’: Scientific American has endorsed Joe Biden over Trump for president. 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american academy of science and technology 2020
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Man pleads guilty to charge over noose on Ole Miss statue
A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Miss.
Harris, who is white, pleaded guilty Thursday to a misdemeanor charge of threatening force to intimidate African-American students and employees at the university. Prosecutors agreed to drop a stiffer felony charge in exchange for the plea arising from the incident last year.
The 20-year-old Harris faces up to a year in jail and a fine of up to $100,000. U.S. District Judge Michael Mills said sentencing will be within 60 to 90 days, and he allowed Harris to remain free on a $10,000 bond.
Assistant U.S. Attorney Bob Norman told Mills that Harris, who had a history of using racist language and saying African Americans were inferior to whites, proposed the plan to two fellow freshmen while at the Sigma Phi Epsilon fraternity house on the night of Feb 15, 2014.
That led to the plan to hang the noose and a former Georgia state flag that features the Confederate battle flag on the statue of Meredith, in a jab at Ole Miss' thorny racial history.
When a federal court ordered the university to admit Meredith in 1962, the African-American student had to be escorted onto campus by armed federal agents. The agents were attacked during an all-night riot that claimed two lives and was ultimately quelled by federal troops.
After the noose and flag were placed on the statue, Norman said Harris and one of the other freshmen returned at sunrise on Feb. 16 to observe and were filmed by a video camera at the Ole Miss student union.
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Demolish unlawful sewerage works – Environmental Tribunal
19 Sep 2019 24 Sep 2019
Kenya’s National Environmental Management Authority (NEMA) has been given a tough lesson in obeying the country’s environmental laws by the National Environmental Tribunal. The NEMA had given the go-ahead for a major sewerage works to be built close to a stream and a natural wetland, all of this despite objections by the local community. Now the tribunal has found that the NEMA and other parties had not properly followed the law before the project was started. The tribunal has ordered that everything related to the project must be demolished and removed, while the local soil, plants and other natural features must be restored.
Decisions of Kenya’s National Environment Tribunal are fast becoming essential reading for judges interested in the subject of environmental law.
The tribunal recently delivered a crucial ruling that stopped the development of a coal power plant project after a local community challenged its legality.
Now here is another, just as instructive. This time it concerns a community in the Maraba village, supported by Kenyans for Justice and Development (KJD), who appealed to the tribunal against certain decisions of the National Environmental Management Authority (NEMA).
Sewage ponds
The NEMA had approved and issued an environmental impact assessment licence allowing the Lake Victoria North Water Services Board to construct sewage ponds in the Lwatinga area of Maraba village.
The local community had quite a lot to say about the allegedly faulty procedures adopted by the water services board and the NEMA, and their apparent failure to follow various statutes and international guidelines on the approval of waste ponds, their licencing and construction.
If the tribunal found in their favour, the community wanted the project stopped and reparations including environmental restoration, to be ordered.
The community alleged that they had not been properly consulted and that the NEMA ‘negated the spirit of public participation’ by failing to take into account the views of the public before making its decisions. These complaints are similar to the successful objections made about the authorities in the coal power case a couple of months after this one was finalised.
The Maraba village people also said that the environmental impact assessment report was ‘defective and incompetent’. While the report referred to ‘a non-existent waste water project’, in fact the project involved constructing ‘mega sewerage ponds’. The report was also not clear about the project’s location, nor did it set out exactly what activities were to be undertaken during the construction, operation and decommissioning phases of the project. Further, it was lacking in detail on the environmental impact and mitigation measures that should be carried out.
The EIA expert who prepared the project report refused to be cross-examined on the report by representatives of the community and KJD, and on their own the contents of the report were not useful. Refusal to be cross-examined violated the right to access to justice and a fair hearing among other rights, and the appellants urged the tribunal to exclude the expert evidence on those grounds.
The NEMA said that neither the district public health officer nor the district environment office had any objections to the project but that an EIA study was commissioned in any case.
Residents of the area were opposed to the project but the EIA was reviewed and approved all the same. This was because the NEMA was satisfied that ‘all adequate mitigation measures were put in place’ that would deal with the residents’ concerns. The public was properly consulted – all that the law required was consultation of ‘an acceptable/satisfactory sample of affected persons’.
According to the NEMA, all the complaints by the residents would be mitigated by the measures proposed in the EIA report and licence.
Private interests
As far as the water authority was concerned, the community’s appeal amounted to pursuing their own private interests ‘instead of promoting the public good’.
The tribunal began with checking whether the authorities had satisfied the law in terms of the number of public meetings and the pre-publicity given to these meetings, and found that they did not comply with the regulations on public participation.
What about the community complaint that the project was too close to the banks of the Lwatingu stream? They said that during the rainy season the whole area was flooded, which meant the effluent might be swept away into the stream. As the stream was used by families for domestic purposes as well as for religious and cultural practices, this pollution would be dangerous.
According the tribunal, the mitigation provisions in the EIA study were inadequate to prevent contamination risks, nor had the required effluent discharge licence been obtained.
Another problem was that the affected areas included wetlands; the planned project was not among the permitted uses for wetlands, and no exemption had been obtained.
A major complaint by the community was the bad smell that would result from the project. There were houses less than 300 metres from the planned ponds and so the likely air pollution and resulting respiratory diseases were a concern. According to the tribunal, the planned mitigation measures proposed for these problems were inadequate.
Supervised removal
Given all these concerns, the tribunal allowed the appeal and revoked the environmental impact assessment. Construction of the ponds had to be stopped and the tribunal issued a restoration order under which the ponds and any other elements of the projects that had already been built were to be demolished and removed. The authorities also had to restore all ‘soils, flora and natural features’. Supervised removal of all building material and other causes of pollution of the area had to be completed within 60 days of the order, and costs were ordered against the water services board and the county government.
Decisions such as these must be welcomed. They take community objections seriously and hold developers to account for not following the law properly. But my biggest concern about this case is an issue that was not addressed by the tribunal.
Why has it taken so long for the matter to be heard and finalised? The appeal is numbered Tribunal Appeal Number 113 of 2013, so it seems from the numbering that the delay in finalised the matter has been six years. Given the community and environmental damage that might have been done in the interim, I fear that the tribunal’s important process is taking just too long.
*Newsletter, Judicial Institute for Africa (Jifa), 19 September 2019
Fight over defence fees in controversial Lesotho trial
Another kind of crime
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The Pipettes - We are the Pipettes
Artist: The Pipettes
Album: We are the Pipettes
A section of the Pipettes' website entitled "About the Pipettes" helpfully explains not only where they're coming from, but where they hope their critics will come from:
"Let us write the histories of pop music (the plural has a certain importance). A history at once oral/aural but not linear or progressive. A history that snakes and twists and turns back on itself, a history of ruptures and wrong-turnings. But let us not start with The Beatles...
"There is a traditional historiography of popular music which in some way or another always seems to come back to the Beatles; and Lonnie Donegan who begat The Beatles, and Elvis who begat Lonnie Donegan, John Lee Hooker who begat Elvis and Robert Johnson who begat John Lee Hooker etc etc. But that is not what we are interested in here."
The Pipettes are right. Histories of popular music do have a way of coming back to the Beatles, and of propagating ideas the Beatles helped popularize (whether they meant to or not) – for example, that pop stars should play their own instruments, or write their own songs, or emphasize artistry or technical competency above showmanship. According to the Pipettes, such popular music histories leave out entire worlds of music, from disco to Broadway to R&B.
All this tells us, though, is that the Pipettes possess and are able to articulate a view of popular music that's been articulated many times, in, for example, the endless "rockism" debates at the I Love Music web board in the early '00s. Disco, Broadway and R&B musicians and all sorts of other performers have been rejecting rockist values for decades, so it isn't as if the Pipettes' rejection of Beatle-centric views of pop history automatically makes them interesting or even says much about them.
Which brings us to their music. The Pipettes – three English female singers, backed by four male musicians called the Cassettes – play girl-group pop, complete with multi-part harmonies, synchonized dances and matching polka-dotted dresses. They're extremely good at it. Their arrangements are especially noteworthy – "Dirty Mind," for example, is not only fantastically catchy but is at least as complex and layered as you'd expect from a band that says they love Phil Spector and Joe Meek. And the Pipettes' best song, "Pull Shapes," is carried as much by its weird, busy string arrangement as it is by its hook and punkish shouting.
Speaking of that punkish shouting, it's one of a surprisingly small number of elements of the album that clearly doesn't come directly from the teen-pop of the '60s. True, the title track has some really punkish gang-vocal shouting and some fuzz bass, and "Pull Shapes" references hip-hop and even has a bit of kitschy DJ scratching.
And true, the Pipettes mostly write from the perspective of twentysomethings, not teens – these are teen-pop songs about having one-night stands and staying out until dancing until two in the morning. (Maybe some junior high kids do those things, but I sure didn't.)
Even when the Pipettes deal with more adult topics, though, their lyrics remain as simple and cutesy as those of teen-pop. Despite having the sort of awkwardly forthright title a pre-teen might titter at, "Sex" is anything but direct in discussing the act itself. In "ABC," letters and numbers are repeatedly used as a metaphor for book smarts – the boy doesn't know what the girl wants; he only knows "ABC, 123, XYZ." In "I Love You," the Pipettes follow "'Til the day I die" with "There will never be a time / When we have to say goodbye." On the otherwise excellent "Your Kisses are Wasted on Me," the Pipettes' reliance on lyrical tropes becomes absurd – if the dude's such a drag, why are you letting him kiss you? Like most '60s teen-pop songs, the Pipettes' songs are about real feelings, but they're presented in a cartoonishly silly way.
It may seem foolhardy to pick through a teen-pop album for cliches – duh, it's pop. As the Pipettes themselves say, "I just wanna move / I don't care what the song's about." My main point of contention here, though, is not really with the cliches themselves, but with the fact that both the lyrics and the music stick so closely to the '60s pop playbook.
This goes back to what the Pipettes wrote about on their website. It's not revolutionary, or even particularly interesting, to make music that rejects a Beatles-centric view of popular music history. Innumerable musicians have already done that – MCs, chart-pop singers, R&B musicians, techno DJs, and so on.
What is interesting about the Pipettes is that they're creating incredibly catchy, well-made pop music. That's easily the most important message of this review. But their music could be something more. '60s teen-pop is a flexible enough genre that it's pretty easy to imagine a record that's based on the music of Spector, Meek, and so on, but that acknowledges more often that a lot of music has happened since the '60s. It's exciting to think about the possibility of a skillfully-made teen-pop record that really tweaks our expectations of what teen-pop lyrics should be like, or that boldly incorporates elements of hip hop, or noise, or electronic music, or punk rock, or something else. It's true that the Pipettes do some of these things occasionally, but they could be doing them a lot more. (The wonderful new foul-mouthed ballad "Feminist Complaints" definitely has a different lyrical approach, but that song isn't on We are the Pipettes, unfortunately.)
Perhaps I'm missing the point entirely – maybe in hoping for the Pipettes to adopt a more current-sounding approach, I'm embracing the innovation-conscious, forward-looking rockist values the Pipettes want to reject. But to me, it often sounds like the Pipettes aren't writing histories of pop music so much as they're recalling them.
Find out more about Memphis Industries
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Famous Artist Frida Kahlo
The Queen of Mexican art!
Frida Kahlo was born Magdalena Carmen Frieda Kahlo y Calderon in her parents' house in Coyoacan, which used to be a small town on the outskirts of Mexico City. Her father was a painter and photographer of German-Jewish background. Following a crippling traffic accident in 1925, Kahlo turned her attention from a medical career to painting. Drawing on her personal experiences, her works are often shocking in their stark portrayal of pain and the harsh lives of women.
Fifty-five of her 143 paintings are self-portraits that incorporate personal symbolism complete with graphic anatomical references. She was also influenced by indigenous Mexican culture, aspects of which she portrayed in bright colors, with a mixture of realism and symbolism. Her paintings attracted the attention of the artist Diego Rivera, whom she later married, divorced, and re-married. An active Communist supporter, she also had an affair with Leon Trotsky, who was assassinated by agents of Stalin in Mexico City in 1940.
Although Kahlo's work is sometimes classified as surrealist and she did exhibit several times with European surrealists, she herself disputed the label. Her preoccupation with female themes and the figurative openess with which she expressed them, made her something of a feminist cult figure in the last decades of the 20th century.
She most probably committed suicide on July 13, 1954, her ashes placed in a pre-Columbian urn which are on display in her former home La Casa Azul in Coyoacan, which has been turned into a museum containing a number of her works. There have been several films made about her life, the latest being in 2002 by Miramax who released a motion picture titled Frida, starring Salma Hayek in the title role.
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Meleagris gallopavo
Partridges, Grouse, Turkeys, Old World Quail (Phasianidae)
MELGAL
The Wild Turkey has a large global range reaching up to generally 4 million square kilometers. This bird can be found in Canada, Mexico and the United States. It also has vagrant populations in Australia and New Zealand as well. This bird dwells in a diversity of environments including forests, savanna, shrubland, grassland and pasturelands. The global population of this bird is estimated to be around 1.3 million individual birds. Currently, it is not believed that the population trends for this species will soon approach the minimum levels that could suggest a potential decline in population. Due to this, population trends for the Wild Turkey have a present evaluation level of Least Concern.
Wild Turkey: This large, ground-walking bird is iridescent dark brown overall with black and green bars and a small, featherless blue head that changes color with mood. Red throat wattles, black breast beard and legs with spurs. Female is smaller, duller, and lacks spurs and beard. Diet includes insects and grains. Swift powerful flight for short distances with rapid wing beats and deep strokes.
Wild Turkey: Resident throughout much of the United States and extreme southern Canada extending south to inland Mexico. Introduced to many western states, including California and the Pacific Northwest. Inhabits oak and pine forests; young birds need open areas, which allow them to forage for insects.
Wild Turkey SONGS AND CALLS
Wild Turkey A1
High-pitched calls from a group of young chicks.
Calls from a small group of females.
"Cluk, cluk, cut, putt"
The Wild Turkey is one of only two domesticated birds originating in the New World. The other is the Muscovy Duck. European explorers took them to Europe from Mexico in the early 1500s'. They were so successfully domesticated there that English colonists brought them back with them when they settled on the Atlantic Coast.
The idea that Benjamin Franklin preferred the Turkey as the national bird of the United States comes from a letter he wrote to his daughter in 1784. He criticized the choice of the Eagle as the national bird and suggested that a Turkey would have made a better alternative.
A group of turkeys has many collective nouns, including a "crop", "dole", "gang", "posse", and "raffle" of turkeys.
The range and numbers of Wild Turkeys had decreased in the early 1900s' due to hunting and loss of habitat. Game managers believe their numbers were as low as 30,000. Current estimates place their population at over 7 million.
RANGE MAP HAWAII
About this Hawaii Map
This map shows how this species is distributed across the Hawaiian island.
Partridges, Grouse, Turkeys and Old World Quail (Phasianidae)
An order of five families found on most continents (some taxonomic systems only recognize four of these, classifying the fifth as a sub-family), the GALLIFORMES (pronounced gal-lih-FOR-meez) include “fowl” like birds such as guineafowl, pheasants, grouse and turkeys, and the wild ancestor to the domestic chicken.
Partridges, Grouse, Turkeys and Old World Quail are members of the Phasianidae (pronounced fah-see-AH-nih-dee), a family of one hundred and eighty-seven species in fifty-six genera found on all continents except for South America and Antarctica.
In North America, the Phasianidae is represented by twenty-six species in seventeen genera. This total includes several introduced and native species such as the Wild Turkey, prairie chickens, and various species of grouse.
The Phasianidae are known for their elaborate courtship displays that frequently utilize raised tails that are spread to reveal intricate patterns. Male Sage Grouse, Sharp-tailed Grouse, and prairie chickens take these displays a step further by displaying communally at traditional “lekking “ sites where birds inflate prominent neck and chest patches that produce loud, popping sounds.
The Phasianidae range in size from the small Japanese Quail to one of North America’s largest bird species; the Wild Turkey. Regardless of size, all members of this family have stout bills, long, strong legs and short wings that attest to a mostly terrestrial lifestyle. Several species also have fairly long tails that are adaptations for their courtship displays.
Aside from the radiant, iridescent plumages of male Indian Peafowls and some pheasant species, most of the Phasianidae exhibit barred and streaked patterns in tones of brown and black that match their terrestrial habitats, thus providing these birds with excellent camouflage. In winter, the ptarmigans molt from such brown and gray dominated plumages into mostly white plumages to match their snowy environments. Bright colors in native North American species are restricted to bits of red, orange, and purple found on the necks and heads of some members for display purposes.
In North America, the members of the Phasianidae occur in tundra, grasslands, and forest. Three species of ptarmigan crouch in the far northern tundra and alpine habitats of the Rocky Mountains while the sage-grouse, Sharp-tailed Grouse, and prairie chickens display in sagebrush and grasslands of the west. Deciduous and coniferous forests are home to the Wild Turkey and four grouse species. Introduced species live in a variety of Hawaiian habitats while the Ring-necked Pheasant is now common in North American grasslands.
Aside from occasional short-distance migration by the ptarmigans of the far north, species in the Phasianidae spend all four seasons in the vicinity of their breeding grounds.
Partridges, Grouse, Turkeys and Old World Quail often flock together to forage for small creatures, seeds, and buds. Most look for food on the ground although the Spruce Grouse also forages in the trees for pine and spruce needles.
Although populations of Wild Turkeys have made a wonderful, successful comeback since their decline earlier in the twentieth century, all five species of grouse that occur in sagebrush and grasslands (sage-grouse, Sharp-tailed Grouse and prairie chickens) have threatened and declining populations. These declines are due to degradation and conversion of their grassland habitats to agriculture and other development.
To aid in walking in their snowy winter environments, Ruffed Grouse and ptarmigans have evolved “natural snowshoes”. In Ruffed Grouse, scales on their toes have extensions to keep them from sinking into snowdrifts, while ptarmigans have a profusion of feathers on their feet for this purpose.
Irina Rud-Volga
Long-tail?
Breast X
The upper front part of a bird.
Chest X
Also called the breast area, it is the frontal area on the body containing the breastplate and major flight muscles.
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Battle of the Hornburg
Revision as of 13:22, 2 December 2021 (edit)
Tolkiencinematicfan (Talk | contribs)
(→Portrayal in adaptations)
Revision as of 14:26, 2 December 2021 (edit) (undo)
LorenzoCB (Talk | contribs)
(Undo copypaste from lotr.fandom wiki)
== Portrayal in adaptations ==
'''2002: ''[[The Lord of the Rings: The Two Towers]]'':'''
:The Battle of the Hornburg is given a far more significant role in the film. The amount of time spent around the battle in the movie is much more than in the original book, and in comparison to the contained ending to the Rohirrim plot thread of the Book, the film's battle takes on the nature of its climax, and is depicted as more vividly complex and layered than Tolkien likely intended.
:The Battle of the Hornburg is given a far more significant role in the film. The amount of time spent around the battle in the movie is much more than in the original book, and in comparison to the contained ending to the Rohirrim plot thread of the Book, the film's battle takes on the nature of its climax, and is depicted as more vividly complex and layered than Tolkien likely intended. This film-based battle is referred to as the "Battle of Helm's Deep,” a title which was never used by Tolkien but is often used by fans due to its occupying the chapter entitled "Helm's Deep."
'''Prelude'''
:The greatest differences largely stem from the events preceding the battle: in the book, the army of the Rohirrim seeks to confront Saruman's army at the [[Fords of Isen]] when they decide to redirect to the Deep, where the refugees of the Westfold have fled, and anticipate the forces of Isengard. In the film, the entirety of Rohan's people, men, women, and children, are relocated to the Deep for protection against Saruman's Orcs who also find and hunt them. The Battle is given a sadistic and somewhat excessive weight as women and children hide in the [[Glittering Caves]] and the very existence of the Rohirrim is decided by the outcome, far more severe than the skirmish that was depicted in the book. Indeed, as the battle in the film wears on, the Rohirrim even go to the extent of pressing young boys into the army, the horrific consequences of which are emphasized constantly as poorly-armed boys are visible in the background in various roles.
Proceeding the battle, the entire city of Edoras is evacuated to Helm's Deep, along with all the people of Rohan, rather than merely the refugees of the Westfold, and Aragorn, Legolas, and Gimli accompany King Théoden and his people there. Along the way they are attacked by Saruman's Warg-Riders. During this fight, Éowyn leads the evacuees on to Helm's Deep while the Riders of Rohan fought off the attack. Aragorn becomes entangled with the harness of a Warg and is dragged off the side of a cliff. Upon arrival at Helm's Deep, the Rohirrim begin belated siege preparations, during which Aragorn, found by the horse Brego, arrives with news of 10,000 Uruk-hai coming from Isengard, news which leads Théoden to order conscription of mature boys and old men for the impending battle. Aragorn suggests calling for aid to the downtrodden Théoden, and Legolas argues with him about the Rohirrim defenders' fighting odds. All are surprised at a sudden arrival of Haldir and an army of Elves from Lórien. They had been sent by Elrond to support the Rohirrim, in honor of the ancient alliance between Men and Elves. Aragorn, Legolas, and Haldir's Elves station on the Deeping Wall, ensuring that every fortification of the Hornburg is manned.
:Another major difference is that [[Elrond]], at the prompting of [[Galadriel]], sends a contingent of [[Elves|Elven]] archers to reinforce the defence of the keep.
'''The battle'''
The battle begins once the Uruk host of 10,000 has formed fully in front of the castle - an accidental bow shot by an old man called Aldor kills an Uruk at the front, followed by a volley of arrows from all defenders once the Uruks begin to charge forward. As Uruk-hai pour over ladders on the Deeping wall to be met with a brave but shifting defence by the Rohirrim; however, Legolas, Gimli, and Aragorn's roles are greatly expanded, and the device responsible for destroying the wall is revealed as a form of gunpowder. Once the wall is blown, the Uruk-hai pour into Helm's Deep through the great gap.The battle slowly turns from here; Aragorn is briefly incapacitated and the Elves begin to wither, and Haldir himself is slain. The Rohirrim begin to suffer casualties of their own, their already-sparse forces thinning and loosing their weakest members, and the Uruk-hai begin to besiege the keep by using a battering ram against main gate. Théoden is injured in this chaos, and Aragorn offers aid, to which he requests "Time, as much you can get me." To do this, Aragorn and Gimli stealthily circle the fortress to ambush the Uruk-hai on the causeway. Gimli and Aragorn earn time for the Rohirrim to refortify the entrance, but soon the defenses breakdown as Uruks fully breach the area behind the Deeping Wall, and all remaining Rohirrim retreat to the keep. Once inside where they are trapped, Théoden falls further into despair while his soldiers brace the doors, as Aragorn and Gamling deliberate on sending the women and children further into the caves.
As the Orcs break down the doors to the keep, Gimli notes that the sun is rising, allowing Aragorn to remember the arrival of Gandalf, and convinced Théoden to ride out with him. Gimli sounds the horn of Helm Hammerhand as Théoden, Aragorn, and the remaining Rohirrim upon horses charge out of the keep, through the Hornburg and out its gates, breaking the front line of the host at the causeway. From a vantage point, Théoden and Aragorn see Gandalf arrive upon Shadowfax on a high hill in the east, and with him Éomer and the horsemen he had gathered, who collectively plunge into the valley towards the Hornburg. The Uruk host which is still great in number forms up a massive phalanx of spears to meet Gandalf and Éomer's sortie from above. The sun rises over this high point and shines on the battlefield, blinding many of the Uruk-hai and breaking their cohesive formation, and as the newly arrived forces charge into them, causing the Uruks to break and flee.
:In the book, it is never made explicitly clear by what method the Uruk-hai cause the explosion that blasts a hole in the Deeping Wall, with Aragorn merely hinting at "some devilry of Orthanc". It's not clear whether this was some magical attack caused by Saruman from Orthanc (similar to the avalanche on Caradhras in the first movie), or some sort of invention of Saruman's. The movie explicitly shows that Saruman, fitting with his theme of misusing his knowledge to empower his armies with a sort of proto-Industrial Revolution, makes his own gunpowder and uses it to make blasting charges that the Uruk-hai then ignite.
:In the movie, the thousands of troops of Saruman lay siege to the fortress, which is defended by around 300 men (many of whom were, in fact, depicted as children or elders, to add further anxiety and villainy to the events) which the Rohirrim could muster and the aforementioned Elven Archers. When Legolas says there are "300" Rohirrim there he may have meant ''at that time'' as more were fleeing to the fortress, because visually there are more than 300 Rohirrim appearing on screen in the battle. This reference to "300 against 10,000" was probably meant as a reference to the ancient Battle of Thermopylae. These forces suffer heavy losses, but hold out till dawn when Gandalf arrives with thousands of riders who finally turn the tide of the battle and send Saruman's forces into retreat. These riders are led by Éomer in the film, whereas they are led by Erkenbrand in the book.
'''2013 : ''[[The Lord of the Rings Online: Helm's Deep]]'':'''
"Who told you, and who sent you?" — Gandalf
This article or section needs more/new/more-detailed sources to conform to a higher standard and to provide proof for claims made.
Conflict: War of the Ring
Date: 3-4 March T.A. 3019
Place: Helm's Deep (especially the Hornburg)
Outcome: Victory for the Rohirrim
Rohirrim, Three Hunters, Huorns
Uruk-hai of Isengard, Dunlendings
Éomer
Erkenbrand
About 3000 Rohirrim, a "forest" of Huorns
10,000 at the least
Heavy, but precise numbers are unknown
The entire force of Uruk-hai; many Dunlendings slain, the rest surrendered
Osgiliath (1) · Fords of Isen · Isengard · Hornburg · Osgiliath (2) · Siege of Gondor · Dale · Pelennor Fields · Black Gate · Dol Guldur · Bywater
The Battle of the Hornburg, also popularly referred to as the Battle of Helm's Deep, took place at the mountain fortress of the Hornburg in the valley of Helm's Deep in Rohan. Taking place over the night of the 3-4 March T.A. 3019, it saw the attacking Uruk-hai of Saruman defeated by the Rohirrim led by Théoden and Erkenbrand.
1 The Armies
1.1 Rohan
1.2 Isengard
2.1 Prelude
2.2 The Battle
2.3 Aftermath
3 Portrayal in adaptations
The Armies
The army of Rohan consisted of 1000 cavalry forces from Edoras led by King Théoden. This force included Aragorn, Gimli, Legolas, and Théoden's nephew Éomer. This army joined with Rohan's garrison of around 1000 at the Hornburg.
The army was reinforced by 1000 scattered Rohirrim troops from the Westfold rallied by Gandalf and led by Erkenbrand. A forest of Huorns entered the valley independently, seeking revenge on Saruman's orcs.
The army of Saruman consisted of his specially bred Uruk-hai orcs supported by Dunlendings. It was mentioned to consist of "about ten thousand Orcs", with an unknown but far smaller number of Dulendings.[1]
On March 3 seeking to take the fight away from his people, Théoden brought around a thousand horsemen to the Fords of Isen along with any others in Edoras. On their way they found Ceorl who reported a defeat to the Fords; Théoden then redirected his troops to Helm's Deep, which was commanded by Gamling in his lord Erkenbrand's absence.
The forces of Saruman arrived at the valley of Helm's Deep in the middle of the night and quickly scaled over the first defence, Helm's Dike, and attempted to break down the fortress's gate with a battering ram. But Aragorn, Éomer, and some other Rohirrim attacked, through a postern gate on the side of the Hornburg, scattering the forces threatening the doors.
The Orcs and Dunlendings then raised hundreds of ladders to scale the wall. Aragorn and Éomer had to repeatedly move the defenders, who were getting weary, to repel the Orcs coming up the ladders and crossing the wall. However, some Orcs had crept in though a culvert which let a stream out of Helm's Deep, and while the defenders were busy with the assault on the wall, they suddenly attacked, having made it past the wall. The defenders quickly reacted and drove back the Orcs, and the culvert was blocked up under supervision by Gimli.
John Howe - The Charge of the Rohirrim at Helm's Deep
However, the enemies reentered the culvert and caused an explosion using a device of Saruman's. This made a wide hole in the wall, and Saruman's forces could not be stopped. The defenders retreated to the Glittering Caves and to the Hornburg. Soon Saruman's forces used their blasting fire to gain entrance to the keep. At this moment, however, the horn of Helm's Deep was sounded, and after a moment a sortie led by Théoden and Aragorn rode forth, followed by men on foot from the keep, and the defenders of the caves , who made a break-out attempt and were driving the enemy out of the deep. Théoden and Aragorn cut through the Orcs and Dunlendings and arrived at Helm's Dike.
Both armies then noticed that many trees, Huorns, had moved to block a possible escape route for the Orcs. Then Gandalf, Erkenbrand, and a thousand men on foot from the Westfold arrived, and charged. The Dunlendings were so terrified of Gandalf that they could no longer fight. The Orcs lost control and ran into the trees, where the Huorns destroyed them. Thus, Rohan won the battle.
After the battle those Dunlendings who surrendered were given amnesty by King Théoden and allowed to return to home. The Rohirrim required that all hostilities cease, and that the Dunlendings retreat behind the Isen river again. The slain Dunlendings were buried in a mound of their own apart from the Orc carcasses. The next night those carcasses disappeared and the Death Down was left by the departing Huorns.[2]
Portrayal in adaptations
2002: The Lord of the Rings: The Two Towers:
The Battle of the Hornburg is given a far more significant role in the film. The amount of time spent around the battle in the movie is much more than in the original book, and in comparison to the contained ending to the Rohirrim plot thread of the Book, the film's battle takes on the nature of its climax, and is depicted as more vividly complex and layered than Tolkien likely intended. This film-based battle is referred to as the "Battle of Helm's Deep,” a title which was never used by Tolkien but is often used by fans due to its occupying the chapter entitled "Helm's Deep."
The greatest differences largely stem from the events preceding the battle: in the book, the army of the Rohirrim seeks to confront Saruman's army at the Fords of Isen when they decide to redirect to the Deep, where the refugees of the Westfold have fled, and anticipate the forces of Isengard. In the film, the entirety of Rohan's people, men, women, and children, are relocated to the Deep for protection against Saruman's Orcs who also find and hunt them. The Battle is given a sadistic and somewhat excessive weight as women and children hide in the Glittering Caves and the very existence of the Rohirrim is decided by the outcome, far more severe than the skirmish that was depicted in the book. Indeed, as the battle in the film wears on, the Rohirrim even go to the extent of pressing young boys into the army, the horrific consequences of which are emphasized constantly as poorly-armed boys are visible in the background in various roles.
Another major difference is that Elrond, at the prompting of Galadriel, sends a contingent of Elven archers to reinforce the defence of the keep.
In the book, it is never made explicitly clear by what method the Uruk-hai cause the explosion that blasts a hole in the Deeping Wall, with Aragorn merely hinting at "some devilry of Orthanc". It's not clear whether this was some magical attack caused by Saruman from Orthanc (similar to the avalanche on Caradhras in the first movie), or some sort of invention of Saruman's. The movie explicitly shows that Saruman, fitting with his theme of misusing his knowledge to empower his armies with a sort of proto-Industrial Revolution, makes his own gunpowder and uses it to make blasting charges that the Uruk-hai then ignite.
In the movie, the thousands of troops of Saruman lay siege to the fortress, which is defended by around 300 men (many of whom were, in fact, depicted as children or elders, to add further anxiety and villainy to the events) which the Rohirrim could muster and the aforementioned Elven Archers. When Legolas says there are "300" Rohirrim there he may have meant at that time as more were fleeing to the fortress, because visually there are more than 300 Rohirrim appearing on screen in the battle. This reference to "300 against 10,000" was probably meant as a reference to the ancient Battle of Thermopylae. These forces suffer heavy losses, but hold out till dawn when Gandalf arrives with thousands of riders who finally turn the tide of the battle and send Saruman's forces into retreat. These riders are led by Éomer in the film, whereas they are led by Erkenbrand in the book.
2013 : The Lord of the Rings Online: Helm's Deep:
The Battle of the Hornburg is a key part of the Epic Storyline of this expansion.
↑ J.R.R. Tolkien, The Lord of the Rings, The Two Towers, "Flotsam and Jetsam"
↑ J.R.R. Tolkien, The Lord of the Rings, The Two Towers, "The Road to Isengard"
Retrieved from "http://irc.tolkiengateway.net/wiki/Battle_of_the_Hornburg"
Categories: Sourceless | Conflicts of the War of the Ring | Sieges
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Bereavement for Martin Samudio
Uncategorized Comments Off on Bereavement for Martin Samudio
Martin (Marty) Lee Samudio, age 59, passed away on 7/19/2021 after a short, but valiant battle with pancreatic cancer in San Antonio, Texas.
Born September 16th, 1961, Marty never backed down from a challenge. Marty knew from a young age that he wanted to practice the culinary arts. He absorbed all he could from his mother Esther, the family matriarch. He started his first cooking job at a local burger joint, GW Jr’s. At age 15, he earned the prestigious Eagle Scout award from the Boy Scouts of America in 1976. He went on to graduate from Holy Cross Catholic High School in San Antonio, class of 1979. After graduation, he attended St. Philip’s College, where he studied Culinary Arts. It wasn’t long before he took on many roles in many kitchens including pastry chef, the sous chef at Houlihan’s, and eventually leading to Master chef. His journey to Master Chef was not easy and to help broaden his culinary horizons, he traveled around the country learning the cuisine of different regions of the United States, as well as New Zealand, Australia, and Mexico. Marty knew that being a chef alone was not enough, he wanted to touch the lives of many by educating others in the field of culinary arts. To achieve this, he moved to New Mexico and attended Southern Illinois University at Carbondale. There he studied culinary education and earned his bachelors of science degree in the class of 1998. While residing in New Mexico and perfecting his craft, he was the recipient of many awards, culminating in Albuquerque’s Chef of the Year. Not one to rest on his laurels, his expansion in the culinary world led him to California, where he led the research and development department of Ruiz Foods. It was here that he met the love of his life, San Juanita Perez. They were married on May 29th, 2004. Marty knew he always wanted a family, and in 2010 they were blessed with a daughter, Hope Shalom. It wasn’t long before Marty and his girls found their way home to San Antonio, where Marty continued his education career at the Art Institute of San Antonio, imparting his wisdom and experience to the generations after him.
Strong in his faith, he was an active member of Destiny Church in San Antonio. An avid hunter and fisherman, you could often find him in the deer blind, or at the Texas coast. Without fail he would share the spoils of his trips, often providing fresh cured meats to everyone. He continued to support his Holy Cross community by participating in the annual alumni baseball game and cookoff. He was an active member in Hope’s school, being honored as a “Watch Dog” where his portrait will continue to watch over the safety of the students. Marty was a stranger to none. He touched the lives of many and made life-long friends. Marty will be dearly missed, but always viewed life as a celebration, and his legacy will live on in his family and friends.
Marty is survived by his wife, San Juanita Samudio, his daughter Hope Shalom Samudio and his beloved dog Rosie. As well as his mother Esther Arriaga Samudio, his Mother-in-Law Blanca Perez, his siblings Mary Jane and husband Frank Wiesehan, Joseph J Samudio, Roxanne Samudio-Garcia and husband Ronald Garcia, as well as aunts, uncles, nephews, nieces, and cousins. He is preceded in death by his father, Joe Samudio, Jr.
Many thanks are given to those who loved Marty as much as we did. We would like to thank his cooking buddies, church family, hunting and fishing friends, fellow alumni, extended family, coworkers and everyone else who’s lives were touched by Marty.
Asta la Pasta Marty, your love of cooking and feeding others will be celebrated in Heaven and on Earth!
In lieu of flowers, any donations made to assist the family can be directed to the following link: https://gofund.me/fcb3e972 a GoFundMe page set up in his memory by James Zamarron and the Holy Cross Knights class of ’79.
The family will hold a visitation on Saturday July 31st, 2021 from 2pm – 6:30pm with a prayer service at 6:30pm. Location is Porter Loring Mortuaries, 1101 McCullough Ave, San Antonio TX, 78212.
A celebration of his life will take place in September. For additional information, please reach out to the family.
https://www.porterloring.com/obituaries/obituary-listings?obId=21813755
Bereavement of Angel E. Cedillo
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Angel Eduardo Cedillo, 32, was born on Christmas Day in 1988 in San Antonio, Texas. He was the son of Lisa Rivera Cedillo and Angel Cedillo and brother to Marisela Cedillo.
Congregation of Holy Cross founder Blessed Brother Basil Moreau said “…the mind will not be cultivated at the expense of the heart. While we prepare useful citizens for society, we shall likewise do our utmost to prepare citizens for heaven.” Angel now enters heaven with the love of his family and the foundation of the Holy Cross Brothers who have guided thousands of students around the world.
A fierce competitor, Angel was focused on excelling at everything he set his sights on. At Holy Cross High School, he played basketball, football and baseball and was inducted into the National Honor Society. He fulfilled the school’s community service obligation as a volunteer for the Santa Rosa Children’s Hospital Foundation. A proud member of the Holy Cross Class of 2007, Angel and his Holy Cross brothers continued to represent their class, repeatedly winning annual Alumni Softball Tournament Championships.
He earned a Bachelor of Arts in Criminal Justice from St. Mary’s University in 2012 and while there, he played baseball for the St. Mary’s Rattlers. An unrecruited walk-on, he nonetheless secured a spot on the traveling squad his sophomore year. His 2012 team advanced to the NCAA Division II National Tournament. That year, he came off the bench to pinch hit and for defense in late innings and maintained a .364 batting average and had a 1.000 fielding percentage, making an out every time a ball went to him in the outfield.
For the last several years, Angel worked for Shelton Presort Inc. and traveled across Texas providing full service mailroom facility and postal need solutions for a variety of clients, including professional sports teams.
His love of baseball followed him into adulthood but didn’t interfere with the Sunday Cedillo family breakfast. He would arrive early to eat with his parents, aunts, uncles and cousins and then go play in his Sunday League. And while some may remember him for his dedication on the field, Angel’s family will remember him for his big heart and even bigger smile and laugh.
Angel’s parents and their siblings were his constant role models. The family unity they practice carried over into the relationships Angel forged with his cousins. Every major holiday and every birthday was a family reunion. As children, the raging conflict was his place in line to hit the piñata, because there was never anything left to hit after he took his turn.
He was a big brother to Marisela and all his younger cousins, and a little brother to his older cousins. Angel and his cousins vacationed together, camped outdoors, traveled to amusement parks, sports camps, hunting trips and summer school cultural enrichment courses. After they reached college age, the family reunions over the holidays took on a richer complexity.
Preceded in death by his maternal grandparents Irma Celis Rivera and Carlos Rivera, paternal grandparents Maria Antonia Cedillo and Rodolfo Cedillo, and aunt Melinda Cedillo, Angel is survived by his parents Lisa and Angel Cedillo and his sister Marisela.
He will be missed dearly by his aunts and uncles Rosalinda Sivilli (Mike), Magdeline Hrncirik (Leonard), Christina Braga (Al), Carlos Rivera (Reyna), Mark Rivera, Lorraine Treviño and Michael Rivera (Charity); Otila Cedillo, Maria Antonia Cedillo Sorola (Sylvestre “Junie”), Rodolfo “Rudy” Cedillo, Ricardo Cedillo, Carmelita Cedillo, and Eduardo (Fabiola) Cedillo.
He will forever be remembered by his 46 Rivera and Cedillo cousins. He will also be missed by his extended family in San Buenaventura, Coahuila, Mexico.
The family would like to thank Holy Cross High School staff, faculty, students and alumni, especially the classes of ‘07 and ’80, for their outpouring of love and support.
A Rosary will be held at Porter Loring Mortuary, 1101 McCullough Avenue, San Antonio, Texas, 78212 at 7 p.m. on Tuesday, July 20, 2021 with visitation beginning at 6 p.m. The Rosary will be livestreamed on the Porter Loring website under his obituary at www.porterloring.com
A Mass will be held at St. Luke’s Catholic Church, 4603 Manitou Drive, San Antonio, Texas, 78228, at 10 a.m. on Wednesday, July 21, 2021 with a reception to immediately follow at the St. Luke’s Community Center. A Livestream of the Mass will be available on the St. Luke’s Catholic Church Facebook page.
In lieu of flowers, we ask you consider a donation in Angel Eduardo Cedillo’s honor to Holy Cross of San Antonio, visit www.holycross-sa.org (click on Donate).
BEREAVEMENT OF CARRIE L. REED
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In your prayers please remember Carrie L. Reed who died on May 11, 2021. Carrie Reed is the wife of Burke Reed, former teacher and coach at Holy Cross of San Antonio.
Carrie Leonard Reed, was a loving wife and wonderful mother with a love for travel. With husband Burke at her side, her many travels took her to every continent except Antarctica. She was a dedicated educator and retired in 2003 from East Central ISD.
She was preceded in death by her parents, Joseph and Virginia Leonard; and sisters, Sadie Fleming (Royal) and Josephine Battley (Bill).
She is survived by her husband of 53 years, Burke; sons, Burke Wheeler-Reed (RobertLynn) and Robert C. Reed; sister, Luella Bellazaire Johnson; brothers, Joseph Leonard (Janice) and Nathen Leonard (Margaret); and numerous nieces, nephews and cousins.
The Viewing will be 4-7 p.m., Thursday, May 20, 2021 at Sunset Funeral Home Chapel with family visitation at 3 p.m.
A Private Graveside Service and burial will be at the Ft. Sam Houston National Cemetery at a later date. In lieu of cards and flowers, please make a donation to a local food bank or charity. May she rest in peace.
Bereavement of Frank Flores
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In your prayers please remember Frank J. Flores from the Class of 1985, who died on May 16, 2012. Frank is the Father of Leah Flores-Calderon of 2011 and Adriana Flores-Calderon of 2012. Frank is also the Brother of Juan Fernando Flores of 1994. Frank’s cousins are Paul S. Charles Class of 1969, Mark Anthony Charles Class of 1974, Osvaldo Constantino Vela of 1982, and Marcelo Garcia of 1986.
Bereavement Mark Anthony Martinez
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Mark Anthony Martinez passed away March 29, 2021. He was preceded in death by his mother Josefina, father Pablo, and brother Fermin. He is survived by his son Ryan, sisters Rachel, Mary, Rosemary, Margaret, brother Paul (Class of 1984), uncle John, numerous nieces, nephews, and cousins.
Mark was a graduate from the class of 1979. He entered the military after graduation and serviced his country in the US Army. After being honorably discharged, Mark began his career in the medical field as an LVN. He worked in that profession for over 25 years.
Mark was a loving father, a good brother and a loyal friend. He brought his love and joy to family gatherings, to holiday and birthday celebrations and to the annual softball tournament. He will be missed.
“Do not let your heart be troubled; believe in God, believe also in Me.” John 14:1
Visitation – April 8th Thursday from 6:00 to 9:00 PM
Trevino Funeral Home, 226 Cupples Rd., SA, Tx 78237
Rosary – April 8th Thursday at 7:00 PM
Funeral Mass – April 9th Friday at 10:00 AM
Resurrection of the Lord Catholic Church, 7990 Military Dr. W. SA, Tx 78227
Burial – San Fernando Cemetery III
https://www.legacy.com/obituaries/sanantonio/obituary.aspx?n=mark-martinez&pid=198273931&fhid=7321
Bereavement of Gustavo Dominguez
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Obituary for Gustavo “Gus” Dominguez
Gustavo “Gus” Dominguez was called to be with our Lord on March 16, 2021. He was born on October 9, 1958, in San Antonio, Texas. He was preceded in death by his parents, Guillermo and Bertha Dominguez, and step-son, Nicholas Perez. He is survived by his wife of 25 years, Frances Dominguez; children, Amanda Dominguez (Ray Seabaugh) and Xavier Dominguez; siblings, Guillermo Dominguez, Jr. (Anita), Carlos Dominguez (Cynthia) and Marta Dominguez.
Gus graduated from Holy Cross High School, Class of ‘77. For over 40 years, he owned and operated Hurricane Pest Control.
A loving husband, father, brother, friend, and fisher of men, Gus was a devoted servant to all who called upon him. While he will be dearly missed, he will not soon be forgotten. May you follow his example of giving, as he followed in Christ’s before him.
Visitation, 3/28/2021 2:00pm-6:00pm followed by Rosary 7:00pm at Mission Park Funeral Chapels North. Mass, 3/29/2021 at 11:00am St. Anthony de Padua. Burial Service immediately following at Mission Park South Cemetery.
Flowers appreciated and/or a donation can be made in memory of Gus to his alma mater, Holy Cross High School, 4-2-6 Scholarship, Attn: Rene Escobedo, 426 N. San Felipe, SAT 78228.
Mission Park Funeral Chapels North guidelines are as follows: Mask is to be worn at all times and social distancing is required.
St. Anthony de Padua Catholic Church is limited to 75 persons, mask is to be worn at all times and social distancing is required.
Livestreaming will be available on Sunday, March 28, 2021.
To send flowers or a memorial gift to the family of Gustavo “Gus” Dominguez please visit our Sympathy Store.
In Memory of Gerald J Castillo
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Please keep Gerald J. Castillo and his family in your prayers as went into eternal rest on December 23,2020. Gerald “Jerry” Castillo Class is from the class of 1974 and his older brother “Jesus“Jesse” Castillo is from the Class of 1965.
Attached is the Prayer Card for Jerry. Please have him entered.
BEREAVEMENT OF MARY E. MENDOZA
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In your prayers please remember Mary E. Mendoza who died on Friday, February 26, 2021. She is the mother of Robert Mendoza Class of 1969 and Fred Mendoza Class of 1965.
At Sunset Funeral Home on Bandera Road
6:00 PM Visitation
7:00 PM Rosary
On Thursday, March 18, 2021
7893 Grissom Road – 78251
10:00 AM Funeral Mass
San Fernando Cemetery II
Bereavement of Clyde W.Harlow Sr.
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Clyde William Harlow
Clyde William Harlow, Sr. adored father, entered eternal rest on February 24, 2021. Clyde, known to most as William, was born in San Antonio, Texas on May 28, 1957. He was part of the brotherhood of Holy Cross High School graduating in 1975. Soon after he graduated from St. Phillips College with an Associate of Accounting. William will be remembered for his strong work ethic, love of coaching and music. His highest legacy is that William is the epitome of a devoted and loving father. He is preceded in death by his parents, Lucille and Richard Harlow, Sr. and his brother Richard Harlow, Jr. William is survived by his daughter Cynthia Marie Harlow-Cepeda, his sons Clyde William Harlow, Jr., Glen Harlow, and his son-in-law Joe Anthony Cepeda. He is also survived by his sisters Irene Aguayo, Eileen Guajardo and brother Glenn Harlow.
Monday, March 15, 2021,
Ortiz Mortuary (3114 Culebra )
Visitation – 3:00pm
Rosary -7:00 pm
Tuesday, March 16, 2021,
Little Flower Catholic Church
Mass -8:30am with a private burial following at Cordi Marian.
Bereavement of Kathleen Alvarado Mata
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Kathleen Alvarado Mata of San Antonio, TX passed away on January 30, 2021, at the age of 66.
She was born in San Antonio, TX on December 9, 1954. Kathleen graduated from Memorial High School in 1972 and married Juan C. Mata on October 6, 1973. She was a loyal wife, mother, grandmother, sister, and friend. She was proud of her three children and was their biggest fan, never having missed a game, play, recital, or band performance. She adored her granddaughters and cherished her moments with them. Her career included working at Globe, Kmart, Holy Cross of San Antonio before spending 22 years at the Bexar County Tax Office. She was an avid Fiesta San Antonio fan, rarely missing a Battle of Flowers or Fiesta Flambeau Parade. Her love of Fiesta led her to proudly collect Fiesta medals which she wore to many Fiesta events. She was a family person, kind, and caring because of this she led her life through a Servant’s Heart, choosing to serve others before herself. She could often be found cheering on her friends or relatives at CYO or High School games. She had a love for children and supported all, not just
Kathleen was preceded in death by her parents, Mary Alvarado, and Wenceslao Henry Alvarado, brothers Richard and Joe Henry.
She is survived by her husband, Juan C. Mata, children, Juan Mata, Jr. (Class of 1993) (Stephanie Mata), Jessica Mata, Jonathan Mata, and granddaughters Madison, Ava, and Bella Mata, siblings Linda Sifuentes, Diane Cantu, Charlene Valverde, and Mark Alvarado (Maria Alvarado), numerous nieces and nephews.
Visitation will be held on Thursday, February 11, 2021, from 4:00 p.m. to 9:00 p.m. with a rosary to be recited at7:00 p.m. at the Alamo Funeral Chapels. A funeral mass will be held on Friday, February 12, 2021, at 8:30 a.m. at our Lady of Grace Catholic Church with the interment to follow at Resurrection Cemetery.
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Shahnour Vaghenag Aznavourian (Շահնուր Վաղինակ Ազնավուրեան), better known by his stage name Charles Aznavour (born 22 May 1924) is a French Armenian singer, songwriter, actor, public activist and diplomat.
Besides being one of France's most popular and enduring singers, he is also one of the best-known singers in the world. Aznavour is known for his unique tenor voice: clear and ringing in its upper reaches, with gravelly and profound low notes.
He has appeared in more than sixty movies, composed about a thousand songs (including at least 150 in English, 100 in Italian, 70 in Spanish, and 50 in German), and sold well over 100 million records.
In 1998, Aznavour was named Entertainer of the Century by CNN and users of Time Online from around the globe. He was recognized as the century's outstanding performer, with nearly 18% of the total vote, edging out Elvis Presley and Bob Dylan. He has sung for presidents, popes and royalty, as well as at humanitarian events, and is the founder of the charitable organization Aznavour for Armenia along with his long-time friend impresario Levon Sayan.
In 2009, he was appointed ambassador of Armenia to Switzerland, as well as Armenia's permanent delegate to the United Nations at Geneva.
Charles Aznavour - Pour toi Arménie
Kendji Girac - La Boheme by Charles Aznavour
ZAZ & Aznavour - J'aime Paris au mois de mai
Charles Aznavour - Avec un brin de nostalgie
Valeri Tolstov
Armenian Navy Band
Angelo Ephrikian
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GlobalWarming.org
Kyoto Negotiations
Cooler Heads Digest
Posting NHTSA’s Proposed Rule to Overturn Federal Preemption of California’s Motor Vehicle GHG Regulations
by Marlo Lewis on May 17, 2021
The Federal Register today published the National Highway Traffic Safety Administration’s proposed rule to repeal the agency’s portions Part 1 of the Trump administration’s Safer Affordable Fuel Efficient (SAFE) Vehicles Rule.
In SAFE 1, NHTSA determined that California’s tailpipe carbon dioxide standards and zero-emission vehicle mandates are “related to” fuel economy standards. Consequently, those policies are preempted under Section 32919(a) of the Energy Policy and Conservation Act.
The SAFE 1 Rule, also known as the One National Program Rule, is available here.
NHTSA’s unnamed proposed rule to repeal the statutory interpretation and regulatory text contributed by the agency to SAFE 1 is available here.
SAFE Rule: Posting Important Preemption Case
by Marlo Lewis on May 3, 2021
I am not usually a fan of the 9th Circuit, but this case includes a constitutional gem. The court observed that a state policy occurring in violation of a federal mandate is void ab initio (from the moment of its enactment or adoption).
Cabazon Band of Mission Indians v. City of Indio (9th Cir. 1982)
Posting FERC’s Proposed Policy Statement on Carbon Pricing in Organized Wholesale Electricity Markets
by Marlo Lewis on October 16, 2020
Federal Energy Regulatory Commission’s Proposed Policy Statement on Carbon Pricing in Organized Wholesale Electricity Markets, prepublication version (October 15, 2020)
FERC’s Policy Statement on Carbon Pricing in Organized Wholesale Electricity Markets as published in the Federal Register (October 21, 2020)
Posting Key Briefs in the SAFE Rule Preemption Case
The case, called Union of Concerned Scientists v. National Highway Traffic Safety Administration, pits the State of California and its allies (petitioners) against the Trump administration and its allies (respondents). Petitioners are asking the D.C. Circuit Court of Appeals to vacate the administration’s One National Program Rule, which is also Part 1 of the Safer Affordable Fuel Efficient (SAFE) Vehicles Rule.
A joint product of the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA), the One National Program Rule finalize two actions related to California’s tailpipe greenhouse gas (GHG) emission standards and zero-emission vehicle (ZEV) standards:
NHTSA finalizes regulatory text clarifying that the California standards are substantially and directly related to federal fuel economy standards and, thus, are prohibited by the Energy Policy and Conservation Act (EPCA); and,
EPA announces its decision to withdraw portions of the Clean Air Act preemption waiver it provided to California in 2013, which had allowed the State to adopt and enforce those standards.
The main briefs filed in the case, as of this week, are:
Petitioners’ Opening Brief (filed June 29, 2020),
The Department of Justice’s (DOJ) Reply Brief (filed September 9, 2020), and
Petitioners’ Reply Brief (filed October 13, 2020).
Final briefs are due on October 27. I will post those after they have been filed.
Posting Dr. Kevin Dayaratna’s House Oversight Subcommittee testimony on climate change policy
by Marlo Lewis on September 25, 2020
On September 24, 2020, the House Oversight Subcommittee on Environment held a hearing titled “Climate Change Part IV: Moving Towards a Sustainable Future.” The written statements of the four majority witnesses are posted on the Subcommittee’s Web page but not (as of 12:00 noon 9/25) the written statement of Heritage Foundation statistician and data scientist Dr. Kevin Dayaratna. I am posting it here.
You can watch the entire hearing on YouTube. Dr. Dayaratna’s oral presentation begins at 37:50.
Does the SAFE Rule “Roll Back” MY 2022-2025 Fuel Economy Standards?
by Marlo Lewis on February 20, 2020
I pose this question because a recent report by the Rhodium Group describes the SAFE rule’s expected 1.5 percent annual increase in average fuel efficiency as a “roll back” from the 5 percent annual increase championed by the Obama administration.
If by “rollback,” Rhodium simply means the SAFE rule standards are less stringent than those advocated by the Obama administration, that’s fine. But if the Obama standards for model years 2022-2025 were not lawfully finalized, then those standards are legal phantoms. That means the SAFE rule would establish first-ever greenhouse gas and fuel economy standards for MY 2022-2025 vehicles. It would not weaken, roll back, or otherwise revise “existing” MY 2022-2025 standards, since those were counterfeit.
Under the October 2012 rulemaking that formalized the Obama-era fuel economy program, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) agreed to undertake a midterm evaluation (MTE), allowing the agencies to adjust their respective standards for MYs 2022-2025 in light of new information regarding technology, compliance costs, fuel prices, consumer acceptance, job impacts, and other relevant factors (77 FR 62628).
This was necessary given the 2012 rule’s “long [14-year] time frame” and NHTSA’s “statutory obligation to conduct a de novo rulemaking in order to establish final standards for MYs 2022–2025.” Moreover, in order to “align the agencies’ proceedings for MYs 2022–2025 and to maintain a joint national program,” EPA and NHTSA committed to “finalize their actions related to MYs 2022–2025 standards concurrently” (emphasis added).
However, the Obama administration flouted those legal commitments soon after Election Day 2016.
When EPA, NHTSA, and the California Air Resources Board (CARB) issued their Draft Technical Assessment Report for the MTE in July 2016, EPA officials told automakers it would issue a draft MTE in mid-summer 2017 and finalize the evaluation by April 1, 2018. That tallied with the official explanation and accompanying chart posted on NHTSA’s Web site in July 2016.
Scrapping those plans without warning, EPA instead published its proposed its final MTE in the Federal Register on December 6, 2016. The comment period closed on December 30, giving the public only 24 days (including Christmas week) to comment on the 268-page proposal and 719-page technical support document (TSD). Despite receiving more than 100,000 comments, EPA finalized the MTE on January 13, 2017, only two weeks after the comment period closed–and one week before Inauguration Day.
There was no statutory justification for the agency’s rush to judgment, since the final determination was not due until April 1, 2018 (77 FR 62787). This was clearly a political rulemaking undertaken to confront the incoming Trump administration with a regulatory fait accompli.
In short, the Obama EPA’s portion of the final midterm evaluation of the MY 2022-2025 standards was arbitrary, capricious, and conducted in bad faith.
Worse, as the Auto Alliance explained in a December 8, 2016 letter to then EPA administrator Gina McCarthy, EPA and NHTSA had not finalized their standards “concurrently,” as required by the agencies’ October 2012 joint rulemaking.
Consequently, the Alliance explained, EPA’s “early action” compelled NHTSA to choose between two unacceptable options: (1) produce an independent evaluation that “may be substantially different and not at all harmonized with EPA’s determination,” or (2) “align itself with EPA’s determination regardless of the existence of facts and analyses that would suggest the need for a different outcome.” Bottom line: “Either way, the process now bears no resemblance to the coordinated effort that was envisioned in the midterm evaluation.”
In a nutshell, EPA’s portion of the Mid-Term Evaluation was a “midnight regulation” rush job–a Self Evaluation in which the agency graded its own handiwork and got an “A.” NHTSA never completed its portion of the Midterm Evaluation on the Obama administration’s watch.
Thus, the SAFE rule does not “rollback” the Obama administration’s MY 2022-2025 standards because those were legal phantoms. The SAFE rule will simply modify regulatory plans that were not legally executed. In so doing, it will establish MY 2022-2025 standards for the first time.
Dutch Supreme Court Upholds Climate Lawsuit
by Marlo Lewis on December 20, 2019
I am posting here a rough English translation of the Dutch Supreme Court’s summary of its 20th December 2019 decision to uphold lower court rulings that the government must reduce the nation’s carbon dioxide emissions 25 percent below 1990 levels by 2020.
The Summary is available here.
U.S. National Climate Assessment: Posting a Chart from Hsiang et al. 2017
As reported in the Washington Post and New York Times, Chapter 29 of Vol. 2 of the 4th U.S. National Climate Assessment claims that unchecked warming could raise global temperatures 8°C by century’s end, which in turn would reduce U.S. GDP by 10 percent.
Those estimates are based on this chart from Hsiang et al. 2017:
The chart shows the probability distribution of global warming projections when the IPCC Fifth Assessment Report’s climate model ensemble, known as CMIP5, is run with the RCP8.5 forcing trajectory.
On average, CMIP5 models hind-cast two to three times more warming in the tropical mid-troposphere during 1979-2017 than actually occurred.
Although often billed as a “business as usual” scenario, RCP8.5 is actually a high emissions scenario. It assumes the kind of forcing trajectory that would emerge if coal scaled up rapidly to provide almost half of global energy from all sources by 2100–a market share not seen since 1940.
In short, the National Assessment ran a group of overheated models with an inflated emissions baseline. Yet, as the chart from Hsiang et al. reveals, even with that biased combo, global warming hits 8°C in only 1 percent of model projections.
Curiously, that’s a detail the National Assessment did not mention. Nor did it point out that even if U.S. GDP in the 2090s is 10 percent lower than it might otherwise be, the economy is still projected to be much bigger than it is today.
Indeed, in 2100, global per capita GDP is projected to be greater and income inequality lower in the IPCC’s fossil-intensive shared socioeconomic pathway (SSP5) than in all other SSPs, including the “green road/sustainable” pathway (SSP1). Here’s the relevant chart from Riahi et al. (2017).
In SSP5, global per capita GDP in 2100 is 10-fold greater than it is in 2000, and wealth is more widely shared than at any time in human history. Predictably, that bit of IPCC-approved “science” is nowhere to be found in the 2018 National Assessment.
You’re government at work.
(Post updated 9/18/2020)
Posting Two John Christy Charts Illustrating the Divergence between Climate Models and Observations
by Marlo Lewis on March 12, 2019
The first chart shows the divergence between models and observations in the global lower atmosphere. The second shows the divergence between models and observations in the tropical bulk atmosphere. Note in both charts there is only one model, the Russian INM-CM4 represented by the purple spaghetti line in the second graph, accurately tracks observations in the tropical troposphere. For clearer images of those figures, click on Link 1 and Link 2.
Posting Updated List of Recent Studies Finding Low Climate Sensitivity
by Marlo Lewis on March 6, 2019
Cato Institute scholars Patrick Michaels and Ryan Maue recently updated Pat’s chart listing studies since 2011 that estimate lower climate sensitivities than the average sensitivity of both the CMIP5 models used by the IPCC to project climate change impacts and the Row-Baker probability distribution underpinning the Obama administration’s social cost of carbon estimates.
I tried posting the chart but it loses too much resolution. So I am making it available via this link. Enjoy.
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Sydney Brenner on Alfred Hershey, Cold Spring Harbor Laboratory
Oral History -> James D. Watson -> CSHL, Director and President -> Sydney Brenner on Alfred Hershey, Cold Spring Harbor Laboratory
Alfred Hershey, Cold Spring Harbor Laboratory (Sydney Brenner)
Sydney Brenner Biography
Recorded: 10 Jun 2002
Well, Al I think—Al is a perfect—you see, Al is a very interesting character. I met him for the first time at Cold Spring Harbor that year, but I’d read all of his papers, you see. And also from when he was in St. Louis and I thought that he was, you know, that he was really a great man. And Al Hershey was a real scientists’ scientist.
Because he took apart what—I mean, for example, some of the work he did later on DNA molecules are very simple, beautiful experiments. He was able to show that most of the stuff people were looking at were artifacts, you know. And it was only by those very—he was also a very gifted writer.
In fact, I learned only quite—you know, after some time I knew him that he wanted to be a writer, he told me that. And that in St. Louis he gave up science to try to write. But his papers were beautifully written. And he was a great writer and I think a scientists’ scientist.
And when I heard—to me the greatest praise I’ve ever had is that when they told me that Hershey would work with me if I became the director, I thought, “That’s—Boy! That’s top praise.”
Sydney Brenner is a pioneer in the field of molecular biology. He was born in South Africa in 1927 and received his Ph.D. from Oxford University in 1954. From 1979 to 1986 he served as Director of the Medical Research Council Laboratory for Molecular Biology and from 1986 to 1991, as the Director of the Medical Research Council Laboratory Molecular Genetics Unit, both in Cambridge, England.
Since 1996 he has been the President and Director of Science at the Molecular Sciences Institute in La Jolla and Berkeley. Brenner was honored as a Distinguished Research Professor at the Salk Institute in La Jolla in 2000.
In 2002 he was awarded the Nobel Prize for Physiology and Medicine with Dr. John Sulston and Dr. Robert Horvitz “for their discoveries concerning ‘genetic regulation of organ development and programmed cell death’” studying the organism C. elegans.
Women in Science: Admitting Women to Cambridge University
Women in Science: American Sensitivity to Gender Equity
Jim Watson, “Lucky Jim”
Alfred Hershey, Cold Spring Harbor Laboratory
Jim Watson, Director of Cold Spring Harbor Laboratory
John Cairns and Joe Sambrook, Cold Spring Harbor Laboratory
Milislav Demerec, Director of Cold Spring Harbor Laboratory
Jim Watson, Discovering the Double Helix
The DNA Discovery in Context: Achieving Greatness
Impressions of Jim Watson
Jim Watson: Traveling the U.S.A
Jim Watson as a Writer: The Double Helix and Molecular Biology of the Gene
Cold Spring Harbor Laboratory: Making Connections
Pioneering the Field of Molecular Biology
John Cairns, Director of Cold Spring Harbor Laboratory
Rich Roberts, Cold Spring Harbor Laboratory
Cold Spring Harbor Laboratory: A Center for Science
Cold Spring Harbor Symposia Today
Participation at Cold Spring Harbor Symposia
Cold Spring Harbor Laboratory: The Future
SCIENTISTS SPEAKING ABOUT CSHL, DIRECTOR AND PRESIDENT
Anna Marie Skalka
Bruce Alberts Sydney Brenner Mario Capecchi Suzanne Cory Raymond Gesteland H. Robert Horvitz Tom Maniatis Anna Marie Skalka Joan Steitz Bruce Stillman
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Pew Marine Conservation Fellows Call for International Action on Marine Protected Areas
Press contact: Susan Altman, 781-526-4714
New York, New York - Thirty-eight of the world's foremost ocean experts issued a joint statement today urging "the nations of the world to fulfill their commitment to the future of the oceans" through active support of Marine Protected Areas.
Dr. Ellen Pikitch, Executive Director of the Pew Institute for Ocean Science, announced the statement at the sixth meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea. She said that the statement calls for local involvement in planning, managing, and implementing Marine Protected Areas (MPAs); linking MPAs into networks; evaluating those networks; and taking global action to restore and maintain marine populations, habitats, and fisheries.
"Establishing a network of representative, fully protected marine reserves is an essential component of the ten recommendations the Task Force has made to set us on the path to environmental sustainability," said Pikitch, a member of the UN's Millennium Task on Environmental Sustainability and a professor at the University of Miami Rosenstiel School of Marine and Atmospheric Science.
"The future of the world's oceans - and ultimately of ourselves - depends on our taking immediate steps to protect them. The Pew Fellows have outlined a set of priority actions that will help put the oceans on that path to sustainability. Leaders of every nation should view this as an urgent wake-up call, and take action now," she added.
Experts from all areas of marine science and policy agree that the world's oceans are in crisis, as study after respected study shows extreme depletion of fish and marine life. However, powerful scientific evidence continues to accumulate that MPAs can do much to protect ocean life and habitats. Issued by 38 Pew Fellows in Marine Conservation, some of the most important voices in ocean conservation today, the statement says, "MPAs are among the most powerful and reliable tools available for marine conservation, whether along the coast or in the open ocean. They help maintain populations and protect habitats, while revealing how areas outside their borders are changing. MPAs serve as elements of a larger, integrated strategy of ocean management."
In addition to Pikitch, the 89 Pew Fellows in Marine Conservation include Elliott Norse, Director of the Marine Conservation Biology Institute near Seattle; Kristina Gjerde, High Seas Policy Advisor to the Global Marine Program of IUCN World Conservation Union; and Alan White, Director of the Coastal Resource Management Project in the Philippines. The signatories to the MPA Statement are world-renowned scientists, educators, policy experts, writers, and lawyers, working in every ocean around the globe from Nova Scotia to Patagonia, northern Europe to Tasmania. They have planned and implemented MPAs in locations as far-flung as California, the Philippines, Kenya, Indonesia, Chile, Argentina, and the high seas beyond the jurisdiction of any individual nation.
The Pew Fellows Program in Marine Conservation is an initiative of the Pew Institute for Ocean Science, which strives to undertake, sponsor, and promote world-class scientific activity aimed at protecting the world's oceans and the species that inhabit them. Funding for the Pew Institute is provided by The Pew Charitable Trusts and other organizations and individuals seeking to preserve and protect the world's oceans.
PDF of MPA Statement
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WORLD STANDARDS DAY 2020: STANDARDS ARE ESSENTIAL TO PROTECT THE PLANET
CEN and CENELEC
On 14 October 2020, CEN, CENELEC and ETSI, the three official European Standardization Organizations, join the international standardization community in celebrating World Standards Day. By focusing on the environment, this year’s edition aims to raise awareness on the potential of standards to help tackle the climate crisis.
Standards play a great role in boosting the ecological transition. They can make home appliances, devices and infrastructures more energy-efficient, create ways to reuse and recycle waste, and set incentives to make steel and cement more sustainable. Developing environmentally ambitious standards is also instrumental to achieve some of the UN’s Sustainable Development Goals (SDGs).
This year’s World Standards Day, “Protecting the planet with standards”, celebrates the potential of standards to help our world become more sustainable by setting common rules that help businesses provide better goods and services, while respecting planetary boundaries. It is a moment to showcase particularly successful examples of how standards contribute safe and proactive changes to our world and raise awareness on the importance of standardization to the world economy, but also the environment and consumers worldwide.
This role is particularly prominent in Europe, on the forefront of the green transition. In particular, through the Green Deal, the European Commission has set a series of ambitious goals to transition towards a fully green economy and reach the global climate target of net zero by 2050. To reach these objectives, all actors involved will have to rethink the way to produce and consume, the way our infrastructures work, the use of resources and the functioning of transportation systems.
As the officially recognised European standardization organizations, CEN, CENELEC and ETSI know that European Standards (ENs) have a key role to play in making the Green Deal reality. Thanks to a voluntary, flexible and open system and the work and technical knowledge of more than 90.000 European experts from industry, consumers’, workers’ and environmental organizations, they provide European best practices which lead the green transition of society, keeping the citizens’ interests in mind and contributing to strengthening and fine-tuning the European Single Market.
Furthermore, CEN, CENELEC and ETSI support Europe’s green ambitions while promoting European interests in international standardization. Thanks to CEN and CENELEC strong and fruitful collaboration with ISO and IEC at the international level and through ETSI’s broad international outreach stemming both from its membership and extended partnerships, the European Standards Organizations are happy to contribute to a standardization system that works best for businesses, for citizens and for the environment.
Elena Santiago Cid, Director General of CEN and CENELEC, said: “CEN and CENELEC are fully committed to the transition towards a green, more sustainable global economy. To reach this ambitious goal, a holistic approach is needed: we all need to rethink the use of resources, the way our infrastructure is designed, the functioning of transportation systems, and the way we produce and consume. European Standards (ENs) provide key support all across aboard, as our work in helping make the European Green Deal a reality shows”.
Luis Jorge Romero, Director-General of ETSI, said: “By enabling global interoperability, current and future ICT standards help us better communicate, which is key for sustainability. As the world enters a new phase where communication through 5G and the generations to follow will be prominent, ICT networks, devices and components will need to be more environment friendly and energy efficient. Over the last few years, ETSI members and partners have been actively working on making Green become a reality in Europe and beyond.”
What is the World Standards Day?
World Standards Day began as a celebration of the birth of the International Organization for Standardization (ISO), which held its first meeting in London on October 14, 1946.
The World Standards Day is sponsored annually by ISO; the International Electrotechnical Commission (IEC), which develops international standards for the electrical and electronics industries; and the International Telecommunications Union (ITU), an international organisation responsible for the coordination, development, regulation, and standardisation of telecommunications standards.
You can join the celebrations online through the hashtag #WorldStandardsDay2020.
CEN (European Committee for Standardization) and CENELEC (European Committee for Electrotechnical Standardization) are recognized by the European Union (EU) and the European Free Trade Association (EFTA) as European Standardization Organizations responsible for developing standards at European level.
The members of CEN and CENELEC are the National Standardization Bodies and National Electrotechnical Committees of 34 European countries. European Standards (ENs) and other standardization deliverables adopted by CEN and CENELEC, are accepted and recognized in all of these countries. European Standards (ENs) contribute to enhancing safety, improving quality, facilitating cross-border trade and strengthening the European Single Market. CEN and CENELEC work to promote the international alignment of standards in the framework of technical cooperation agreements with ISO (International Organization for Standardization) and the IEC (International Electrotechnical Commission).
CEN website: www.cen.eu
CENELEC website: www.cenelec.eu
CEN-CENELEC website: www.cencenelec.eu
Giovanni Collot
Project Manager Strategy & Governance
CEN-CENELEC Management Centre
T: +32 474 98 21 17
Email: gcollot@cencenelec.eu
Twitter: @Standards4EU
ETSI provides members with an open and inclusive environment to support the development, ratification and testing of globally applicable standards for ICT systems and services across all sectors of industry and society. We are a not-for-profit body with more than 900 member organizations worldwide, drawn from 65 countries and five continents. Members comprise a diversified pool of large and small private companies, research entities, academia, government and public organizations. ETSI is officially recognized by the EU as a European Standards Organization (ESO).
ETSI website: www.etsi.org
Claire Boyer
Mob: +33 6 87 60 84 40
Email: claire.boyer@etsi.org
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Sub-Zero/Wolf to build $62M plant addition in Fitchburg
Sub-Zero Group, maker of the upscale Sub-Zero and Wolf kitchen appliances, will build a $62 million addition onto one of its Fitchburg plants and plans to hire 300 employees over the next three years.
Sub-Zero officials chose the Fitchburg site in July over a location in Kentucky that has been the anticipated home of a new dishwasher line for eight years.
Instead, the company’s new Cove dishwashers will be built here, along with expanded production for Wolf ranges.
The project includes the purchase of 33 acres, expanding Sub-Zero’s Fitchburg campus, southeast of the intersection of McKee and Verona roads, to 99 acres. It will add 400,000 square feet to the existing Wolf factory, more than doubling the size of the building to 755,000 square feet.
A total of at least $5 million worth of state and local incentives is part of the deal.
Site preparation is just beginning. The project, being built by Ideal Builders, is expected to be completed in fall 2016, with the Cove dishwashers debuting in 2017.
Privately owned Sub-Zero Group — one of Dane County’s largest employers — has been talking publicly about adding a line of dishwashers to its stable of high-end refrigeration and freezer units, ranges and wine coolers since 2007. But the plan was to manufacture the dishwashers in Richmond, Kentucky. The company had an 80,000-square-foot building constructed in Richmond, but it has sat vacant all this time, said Chuck Verri, vice president of human resources.
Verri said several factors prompted Sub-Zero Group to choose the Fitchburg location over Richmond, but the biggest was a new contract with Wolf employees.
“The six-year labor agreement extension that we received with Wolf (employees) last year was absolutely critical. It was the linchpin,” Verri said.
“We have an outstanding work force, Madison has a great labor pool for us to draw from, we have the land, and the assistance program. All of those pieces of the puzzle made the picture.”
As for the employee count, a presentation by Sub-Zero Group to the city of Fitchburg showed the company has a total of 1,052 employees in Fitchburg: 384 office staff; 316 in the Sub-Zero factory; and 352 in the Wolf factory.
“I think it’s huge that the company is investing in this community, in this future, versus going overseas or going down South. Sub-Zero has made a commitment to the community that’s pretty huge, I think,” Sullivan said.
Fitchburg Mayor Steve Arnold said he is delighted that Fitchburg won the project but not surprised.
“They make terrific products, hire skilled workers from around the region. Every municipality in the region rises and falls together. We all benefit from Sub-Zero.”
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Danny Dignum retains WBO European title with a draw against Andrey Sirotkin
Danny Dignum retained his WBO European middleweight title as he drew with Andrey Sirotkin.
The event was taking place at the University of Bolton Stadium and broadcast live on IFL TV, with fans treated to yet another action-packed event.
Both Dignum and Sirotkin gave it their absolute all, but they couldn’t be split after 30 minutes of action, with the judges scoring it a split draw.
Elsewhere on the card, Dan Azeez retained his English light-heavyweight title with a points win over Ricky Summers, Jack Bateson defeated Joe Ham, Lewie Edmondson beat Luke Blackledge, Carl Fail stopped Kristaps Zulgis, Paul Ryan beat Kyle Hughes, and Paul McCullagh overcame Paul Woolery.
Here’s everything you need to know from a brilliant night of action…
WBO European middleweight title
DANNY DIGNUM drew with ANDREY SIROTKIN after 10 rounds (96-95, 94-96, 95-95)
Danny Dignum kept hold of his unbeaten record and retained his WBO European middleweight title as he drew with Andrey Sirotkin.
Every round was extremely competitive, with Dignum (13-0-1, 7 KOs) and Sirotkin (19-1-1, 7 KOs) each having success and giving their absolute all throughout all 10 rounds.
It looked like the fight could be anybody’s as the bell tolled to signal the end of the fight, and that proved to be the case, with the judges scoring it 96-95 Dignum, 96-94 Sirotkin, and 95-95, making it a split draw.
Dignum said: “He was very tricky. I thought I nicked the fight and I felt fit in there and felt good. He was an awkward customer, but I thought that I did enough to win it.
“It is what it is, that’s boxing. Fair play to Sirotkin, he came over and put up a good fight. I’m not bitter, I thought I won but a draw is a draw. I’ll be back fitter and stronger and it’s all part of the experience.
“I don’t feel like a loser, I’ve just got to go back and learn. I got a bad cut and I couldn’t see out of my left eye, but I’ll recover and get back in the gym. I probably learned more in that fight than all of my others.”
English light-heavyweight title
DAN AZEEZ def. RICKY SUMMERS via split decision after 10 rounds (97-93, 96-94, 95-97)
Dan Azeez retained his English light-heavyweight title as he earned a split decision win over Ricky Summers after 10 fantastic rounds of action.
It was a brilliant fight from start to finish, with both men landing with huge shots at stages during the fight, but Azeez appeared to be getting the better of the action.
It looked as if Azeez (13-0, 8 KOs) was close to getting the stoppage in the closing stages, but Summers (17-3-1, 6 KOs) was able to hold on and last the duration. In the end the judges had it closer than many others who had Azeez winning comfortably, with the defending champion getting the nod via split decision.
Azeez said: “I think my hunger was the difference. Ricky was a good operator and was tough. I hit him with some good shots and he gritted his team and called me on.
“That is a fight that I need. I am calling out all these guys at the top, and that fight with Ricky is the kind that I need to let me know who is up there in my division. I’ve had the learning fights and I’m ready to step it up now.
“Hopefully MTK Global can push me in the right direction. I’m a champion and a fighter, it’s in my blood, and I want to be in the mix at the top.”
JACK BATESON def. JOE HAM 78-75 on points after 8 rounds
Jack Bateson extended his unbeaten record to 13-0 as he came out on top in a brilliant super-bantamweight battle against Joe Ham.
The fight served as the toughest test of Bateson’s (13-0, 3 KOs) career so far, going up against former Scottish champion Ham (16-3, 6 KOs), and it was a clash that was fought at a very fast pace.
Both men had success during portions of the fight, but it was Bateson who was edging the majority of the rounds, and the referee saw it the same way as he handed the Leeds fighter a well-earned 78-75 points win against a very game Ham.
Bateson said: “Joe is a great lad and a good friend of mine, but it is boxing at the end of the day and we had a good fight with each other.
“I started as a southpaw and probably was for the majority of the fight, and I think that threw him. Those little things worked and helped me get the win. I was the best I ever felt on the scales and I was a different animal today once I fuelled up.
“I learned a lot in that fight, and in the next one I’ll make sure I make even less mistakes. Anybody who knows me knows what I put into this sport, and hopefully it will pay off for me in the end.”
LEWIE EDMONDSON def. LUKE BLACKLEDGE via RTD at 3:00 of round 3
Rising star Lewie Edmondson picked up yet another big win as he claimed a stoppage victory over former Commonwealth super-middleweight champion Luke Blackledge.
Edmondson (5-0, 2 KOs) was coming off the back of a superb stoppage victory over John Telford in December, and he picked up right where he left off, using his switch-hitting to perfection and landing at will over Blackledge (26-10-2, 9 KOs).
The punishment became too much at the end of round three, with Blackledge’s corner deciding to pull him out, giving Edmondson another stylish win.
Edmondson said: “I really enjoyed it in there. I could see after a couple of rounds that I was starting to get to him. I stepped on it and then he retired after three rounds, so I’m very happy.
“I was switch-hitting in there but I don’t think about it too much, it’s pretty natural to me, so I just see what is working. I’m 5-0 now and that’s two opponents that have come to win, and you don’t see that often.
“I see that Charlie Schofield and Mickey Ellison are meant to be fighting for the English title in June, and I want the winner of that. I want to be fast-tracked. Billy Joe Saunders and MTK Global don’t want me to be held back, they want me to make statements.”
CARL FAIL def. KRISTAPS ZULGIS via TKO at 2:55 of round 2
Carl Fail picked up his second win in the space of five weeks as he earned a dominant second round stoppage victory over Kristaps Zulgis.
Fail (2-0, 1 KO) made his professional debut last month, but wasted no time getting back in the ring, getting off to a fast start against Zulgis before dropping his opponent in round two.
Zulgis was able to get back to his feet, but another knockdown came later in the round which Zulgis couldn’t recover from, handing Fail a fantastic stoppage win.
Fail said: “Five weeks ago I had my debut and then I had the chance to jump in and take this fight, and it feels great to get the victory. I learnt so much from my debut and I took that experience into my second fight and it showed.
“I’m learning in the gym all the time. There are still bits I need to work on, but we’ll keep developing and getting better and better. I watched my brother’s professional debut and got a lot of experience from that too.
“We’re a tight team, and having them here with me is great. I’m ready to grab any opportunity that comes my way, so I hope to be out again soon.”
PAUL RYAN def. KYLE HUGHES on points after 4 rounds (39-38)
Dublin’s Paul Ryan got his professional career off to a winning start, as he picked up a four rounds points win over Kyle Hughes.
Ryan (1-0) got off to a good start in the bout, but Hughes (2-3) came back strong to ensure it wouldn’t be all plain-sailing for the debutant.
Despite the fightback from Hughes, Ryan was able to maintain his composure and display some great boxing skills, and in the end was able to get the ball rolling in the paid ranks with a hard-fought 39-38 points win after four competitive rounds.
Ryan said: “It wasn’t my best performance but I did what I had to do. I’ve waited a long time for my debut but it’s bigger and better from here.
“I got back into the amateur habits a bit by going onto the back foot, and in the professional game you can’t do that. It’s something to learn from and we’ll move forward.
“It’s all been an experience compared to what it was like in the amateurs. I would like to be out five times this year if possible as we’re picking up for lost time.”
PAUL MCCULLAGH def. ANTONY WOOLERY on points after 4 rounds (40-36)
Paul McCullagh made it back to back win in the paid ranks as he picked up a one-sided four rounds points win against Antony Woolery.
McCullagh (2-0, 1 KO) dictated proceedings from the first bell to the last, with Woolery (2-4) unable to deal with the man known as ‘The Irish Drago.’
While McCullagh was dominating the action, Woolery did manage to go the distance, with the referee scoring it 40-36 to McCullagh to come away with a brilliant win.
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Governments Point Fingers Over Coronavirus as Death Toll Mounts
March 6, 2020 - by mindfullmess
An Iranian official claimed without evidence that the epidemic could be an American bioweapon, after some U.S. officials said the same about China. Saudi Arabia said its cases were Iran’s fault. South Korea lashed out at Japan over travel restrictions and responded in kind.
At a time of global crisis, when the new coronavirus has infected more than 100,000 people, killed more than 3,400, and all but shut down whole industries, the world’s scientists and public health officials are working together across ideological and national borders to try to stop the epidemic.
But as the virus continues its rapid spread, political leaders in many countries seem to have seized on a different question: Who can be blamed?
“Outbreaks take place within the context of the real world, so of course there’s always some level of politics going on,” said Dr. Keiji Fukuda, a former assistant director general of the World Health Organization. “But I think that what we’re seeing now is at a higher level of blame game than we’ve seen in the past.”
The accusations within countries and between them is often well-founded — there really have been failed quarantines, inadequate equipment and training, and attempts to deny the crisis.
But even when it is justified, experts say, the criticism can hinder efforts to pull together to face down the emergency. They said the urgent problems should be aired in a way that does not threaten cooperation while those that can wait should be set aside.
Public displeasure with global leaders has spread nearly as fast as the virus itself, which has reached more than 80 countries. And when those leaders look to point fingers elsewhere, they tend to point in the most predictable directions, piggybacking on old hostilities.
President Trump tried to deflect criticism of his government’s response by pinning testing deficiencies on former President Barack Obama’s administration.
Mr. Trump — whose critics note that he has cut health programs and made unrealistically rosy pronouncements about the new disease — had a rare moment of accord with President Hassan Rouhani of Iran. Both men claimed their enemies were cynically ginning up fear of the virus.
Iran’s government at first insisted that all was well but now admits to thousands of infections, and outbreaks in several countries have been traced to people returning from Iran. But the sharpest reaction came from its regional adversary, Saudi Arabia, which forbids its people from traveling to Iran.
In a statement made through the official Saudi Press Agency, the government on Thursday accused Iran of recklessly allowing the disease to spread. It said that five Saudis had visited Iran, helped by Iranian officials who did not stamp their passports, and had returned to the kingdom infected by the virus.
In Japan, more than a million posts on Twitter recently demanded that Prime Minister Shinzo Abe resign over his handling of the outbreak. He was largely invisible in the early weeks of the outbreak, and the government’s lax treatment of the outbreak aboard a cruise ship allowed it to spread.
On Thursday, Mr. Abe imposed a 14-day quarantine on all visitors from South Korea and China. More than 90 countries have restricted travel from South Korea, which has the second-largest outbreak after China, but it was the move by Japan, historically Korea’s nemesis, that struck a nerve.
South Korea’s government on Friday called the measures “excessive and irrational,” suggested that Tokyo had “other motives than containing the outbreak,” and said it would restrict Japanese visitors in return.
“We cannot understand Japan’s decision to take this unfair step without consulting with us in advance,” South Korea’s presidential National Security Council said in a statement.
In Britain, opposition politicians are quick to note that a decade of austerity under Conservative governments has drained the health care system of resources, which they say leaves the country unprepared for an epidemic.
Dr. Fukuda, who now heads the University of Hong Kong’s school of public health, said that widespread anger in Hong Kong at the government’s refusal to bar arrivals from mainland China built on months of protests against that government for being too close to Beijing.
Facing a previously unknown, fast-moving virus, experts say, it is inevitable that even the best governments will be caught unprepared and make mistakes.
“We shouldn’t be associating, ‘oh, increase in numbers’ with failed government,” said Dr. Devi Sridhar, a professor of global public health at the University of Edinburgh. “We should see that governments can be trying their best but still find it hard to contain this virus.”
In China, where the virus emerged in the city of Wuhan, the authorities were slow to react at first, denying that there was a problem and even punishing those who raised the alarm. Since then, the government has responded aggressively, all but halting the spread of the virus by locking down areas with more than 50 million people. This approach won international praise, and China has been touting its strategy as a model for the rest of the world.
Yet in China, anger at the government continues to fester. When Chinese officials, including the one leading the central government’s response, visited Wuhan on Thursday, locked-down residents shouted complaints out their windows.
“Everything is fake!” one resident yelled, according to a video shared by People’s Daily, a state-run newspaper.
In a sign of just how much countries have struggled to rein in the outbreak, government officials themselves have been infected in China, France, Iran and Japan. The virus has especially roiled Iran’s government, with dozens of officials having fallen ill and an adviser to the supreme leader and a diplomat having died.
The head of the W.H.O., Dr. Tedros Adhanom Ghebreyesus, aired his frustration on Thursday with governments that he said have not taken the virus seriously enough, in his strongest public rebuke to date.
“This is not a time for excuses,” he said. “This is a time for pulling out all the stops.
“In some countries, the level of political commitment and the actions that demonstrate that commitment do not match the level of the threat we all face.”
But mindful, as always, of political sensitivities, the W.H.O. leader was careful not to call out any countries or leaders by name.
From the start of the epidemic, obfuscation has eroded government credibility. Experts fear that finger-pointing is also lowering trust in public health systems and governments, when those are essential in overcoming the crisis.
“You can say, ‘It’s your fault, it’s my fault,’” said Dr. David Heymann, a former chief of communicable diseases at the W.H.O. “I think we have to just get on with it and accept where we are now.”
Reporting was contributed by Russell Goldman, Choe Sang-Hun, Amy Qin, Elaine Yu, Javier C. Hernández and Ben Dooley.
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The Streetwalker and the Odd Shoe
View cart “Poetic Measures” has been added to your cart.
Mark was being abused by his own father for some reasons he had yet to find out. When he reached the age of fourteen and still being abused, he thought enough was enough and had no option than to leave home for no specific destination.
As he left home, he had two links to remind him of home. Firstly, there was his step brother who became attached to him, yet he could not help Mark during his bad days nor was he able to keep in touch with him. The second link was an ornamental shoe which played an important role in his life. Mark was naïve and immature. He became a streetwalker. In his own ways, he made his plans to survive the hardship he encountered mainly in the city of London. He was in search of love and, in the process, he became haggard, had long knotted hair and beard. Despite continuous hardship, he kept his faith in God and hoped he would see the light at the end of the tunnel although he was not sure whether that could ever happen. Did the light appear at all?
The Streetwalker and the Odd Shoe quantity
Categories: Bookstore, Fiction
Dr. Prem Kutowaroo who comes from Mauritius, has lived in England for many years. He has studied and obtained BA Masters and is a doctor now. Prem has been writing books for some years and they concerned true stories about people from Mauritius.
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Leaders or Manager and discover your talents!
Master of all Masters: The Central Kingdom
The Interpreter’s Fourth-B: The best way to understanding the Bible about human creation
The Balance Theory: An Approach to Organizational Leaked
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Dental Insurance News
ERIC ELG
After working in the insurance industry since 1995, Eric began work with Terry Arp & Associates in 2013, offering risk management services to dental practices in Idaho and Utah. After Terry Arp passed away following his courageous battle with throat cancer, Eric purchased the agency. Eric enjoys being a resource to the dental communities in Idaho and Utah. Eric is a native Idahoan with a degree in Political Science from the University of Idaho. His hobbies include spending time with his family, coaching youth athletics, reading, snowboarding, and playing basketball.
STEPHANIE ELG, CPA MBA
Stephanie’s family traveled the world with an Army dad, and moved back to Idaho upon his retirement. She fell in love with Boise, graduating from Boise State University with an Accounting degree. Stephanie worked as an internal auditor for Boise Cascade for five years and obtained her MBA in Sales & Marketing from Northwest Nazarene University, while working. She continued her career in accounting and sales until starting with Terry Arp & Associates in 2013 as Office Manager, where she obtained her insurance license and was instrumental in the agency transition. Outside of work, she is kept busy with her twins Audrey & Andre, and with her dachshund Sophie.
ALYSSA HALLOCK
Alyssa was born and raised in Idaho. She spent six years in Boston obtaining her undergraduate degree. In 2013, Alyssa began her insurance career, starting with personal insurance, until 2015 when she joined Terry R. Arp & Associates. Alyssa loves the diversity of insurance, especially working alongside the dentists in Idaho & Utah. Outside of work, Alyssa spends her time with her daughter where there is never a dull moment watching her learn and grow. Alyssa also loves to travel, cook, read, & cycle.
CANDACE PEAK
Candace joined Terry Arp in 2014 after working for 10 years in the mortgage industry. She loves that the office is so committed to giving the best service to dentists. She has two grown sons and when she is not working she enjoys spending time with her pets and sewing.
TERRY & CINDY ARP
Terry Arp began his insurance career in 1970 and was a loyal servant to the dental community for over 40 years, insuring hundreds of dental practices. Terry touched the lives of those he served. Cindy Arp joined Terry Arp & Associates in 1998 and was instrumental in the growth and service delivery of the agency.
Pingback: Boise Family Dental | News: Breaking stories & updates
Discrimination Claims can Start at the Interview
Eliminating Discrimination in Your Dental Practice
Employment Practices Liability Coverage 101
2015 Risk Management Seminar for Idaho & Utah Dentists
P.O. Box 2558, Eagle, ID 83616
6126 W State Street, Ste. 107, Boise, ID 83703
Email: eric@trarp.com
Monday - Thursday: 9:00am - 4:30pm MST
Friday: 9:00am - 3:00pm MST
© 2017 Terry R. Arp & Associates. All right reserved.
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The Many Voices of Jon Bellion
Jon Bellion, a New York singer-songwriter and rapper, has steadily been gaining fame and success with each successive album that he releases. His five albums have been released over the course of the past six years and it is clear to see that his style evolves in each one. In his first few albums, there was something unique about his style of writing and vocals, but it was not yet developed enough to be able to grasp what it was. The last two albums, however, make it quite obvious what sets Jon Bellion apart from other artists. In each album, there is a clear story; a clear theme that is explored with each track. Though some of his songs might be catchy, none of them were written or produced with the purpose of being a hit single. Though Bellion cannot read music, his talent at arranging instrumentations for his songs is evident. In addition to his own music, Jon Bellion has also penned many well-known songs for other successful artists.
“The Monster” by Eminem ft. Rihanna, courtesy of youtube.com
The first hit single that Bellion wrote for was “The Monster” by Eminem ft. Rihanna in 2013. The song hit the top of the charts in a dozen countries and the accompanying video was nominated for several awards. Though this was earlier in Bellion’s career, his distinct writing style can still be heard in the chorus:
“I’m friends with the monster that’s under my bed
Get along with the voices inside of my head
You’re tryin’ to save me, stop holdin’ your breath
And you think I’m crazy, yeah, you think I’m crazy
Well, that’s nothin’ “
These lyrics are incredibly similar to Bellion’s “Guillotine,” in terms of how evocative they are:
“The secrets you tell me I’ll take to my grave
There’s bones in my closet, but you hang stuff anyway
And if you have nightmares, we’ll dance on the bed
I know that you love me, love me
Even when I lose my head
Bellion has also penned some less serious and content heavy songs such as “Trumpets” by Jason Derulo (2013) and “Beautiful Now” by Zedd ft. Jon Bellion (2015). These songs are much more upbeat, not written to be thought about, just to be danced to. In 2018, Jon Bellion wrote a song titled “Fall in Line” that was given to Christina Aguilera and Demi Lovato. Beyoncé also wanted “Fall in Line,” but it was too late for Bellion to back out, which he reminisced on in his song “Adult Swim”:
“Mr. Bellion, sir
Beyoncé on the line, she tryna reach you on your cellular
She wanted “Fall In Line, ” but we gave it to Aguilera, uhh
I hope it’s the right decision, Bey wanted it for the twins she signed
I hope I didn’t burn that bridge, I worry all the time”
Cover Art for “Good Things Fall Apart” by Illenium ft. Jon Bellion, courtesy of Illenium’s twitter account
Most recently Bellion collaborated with Illenium on the track “Good Things Fall Apart” released this year. This song, along with “Shameless” and Liar” both written by Bellion and sung by Camila Cabello, are currently in the top 40 in pop radio, along with a few others that he either co-wrote or co-produced. Bellion constantly thanks the people he works with and attributes his success not only to himself, but to others and to God, as he is a Christian, but it is very clear that no matter what music he works on, he brings a unique and memorable sound. His undeniable talent and hard work in the industry has put him at the top and it seems as though things will continue to keep moving up for him.
A tweet by Visionary Music Group posted October 12, 2019
By Hope Graham Filed Under: Featured Show of the Week, Music, Opinion, People, Singer Songwriter, Uncategorized Tagged With: 2019, Camila Cabello, Christina Aguilera, Demi Lovato, Eminem, Jon Bellion, Music, Pop, rap, Rihanna, Visionary Music Group, Zedd
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East Williamston
East Williamston has flourished in recent years into a very pleasant area to live being a quiet, picturesque village with good community spirit. The Community Hall in East Williamston is a vibrant centre for local activities such as short mat bowls, square dancing, exercise classes and monthly quizzes. Jubilee Park has been a triumph for community members, who have seen it through from the purchase of the land to development of play area, nature trail and an open space for recreation for all in the community. During the early 19th century the area was heavily exploited by the mining industry for its rich coal seams and today the surrounding countryside is still riddled with shafts and mines.
East Williamston Village Hall was opened in June 2000 after being rebuilt following a Lottery Grant from the Halls for the 21st Century fund. It is a single level purpose-built hall which seats 200 people. The management committee are trustees of the building which offers a spacious hall, adjacent meeting room and kitchen. The hall is situated in the village on a quiet side road. It is well signposted. Car parking is limited on site, but there is ample parking around the village lanes. With full disabled access and facilities, it is open for hire to all.
Fully equiped kitchen with serving hatch to main hall
Modern tables and chairs, sufficient for 100 dining or 200 lecture style
Curtains, stage lighting and portable stage
Licensed bar available
Small meeting room off main hall
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How Far Into Virginia Did Jamestown Settlers Explore?
Noelle Ortiz Jamestown November 20, 2020
The original Jamestown settlers were all men and boys — and they didn’t bring much with them. Only the basics like food and water. For everything else, they had to search when they arrived in what would eventually be named Virginia. It wasn’t an easy task. Every additional step into the great wilderness of the New World meant increased risk from natural obstacles, hunger, dehydration, and Native Americans. And certainly, they could only explore during the warmer months of the year.
Actually, much of the exploring occurred before the men and boys actually landed their ships in Jamestown. They spent a week or two trying to find the right spot. Jamestown might have been their best shot to set up and long lasting settlement — but that doesn’t mean it was ideal. Far from it, in fact. The location was somewhat shielded by natural barriers, but water sources were far from adequate and created problems for the new settlement.
The settlers might have had better luck farther south and more inland. Jamestown is located along the Atlantic Coast, due southeast of Richmond, which is about midway between Maryland and North Carolina. The first winters would devastate the new colony.
Additional shipments of goods were scheduled over the next few years, and they might have benefitted from continuing to explore along the coast. They had problems of their own, however, and many ships were lost along the way. This was especially true in 1609, when the flagship Sea Venture led six other ships and two pinnacles as part of the Third Supply. They were enveloped in hurricane winds, lost a few ships, and were forced to land along the reefs of Bermuda lest the entire fleet be destroyed.
Interestingly, these new settlers probably had it easiest — because the original Jamestown settlement was enduring the Starving Time, during which two-thirds of the population perished from starvation, disease, and freezing temperatures.
But because of the misfortunes of the Third Supply, they were able to explore farther south (although Bermuda was already mapped at the time). These settlers arrived in Jamestown in late spring, 1610. Another fleet arrived barely more than a month later, replenishing the settlement’s supplies — and people.
North Virginia was more difficult to explore during this time, both because of Native Americans and settlers from other European countries. The Native Americans posed less of a problem because so many were wiped out by the diseases and illnesses brought by the Europeans. But fighting between settlements was also to be avoided at all costs, because the population was already so small.
Eventually, it was the economy that drove further exploration into the New World. The main staple, tobacco, was so desired in the New World that trade allowed the settlers to expand supply lines well beyond what was initially available. This mostly occurred decades after the ancient planters first arrived — but they did eventually succeed in making the most of their adventure into the New World.
← Did Early Jamestown Settlements Struggle With Addiction?
Was Captain George Kendall Truly A Mutineer? →
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