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warc | 201704 | Just One Question (Part 2): What Energy or Climate-Related Work Are You Doing? See part 1 for more answers.
I have just started as technical director of the Swiss watch firm IWC (which was founded by an American engineer in 1868) in Schaffhausen, Switzerland. We are the first watch manufacturer who tries to
offset its CO2-footprint. – Olaf Eichstädt ’90
I am an associate professor of chemical and biomolecular engineering at the University of Akron working on National Science Foundation-sponsored research involving
thermophotovoltaic energy conversion. The devices we are building convert thermal energy into electricity using rare earth oxide fiber structures. We are developing an understanding of the effects of microstructure (crystal structure, grain size, defect density) and macrostructure (fiber diameter, fiber packing) on the narrow band emission of these materials. Our hypothesis was that nanofibers-based emitters should be more efficient than other forms. We have shown that this hypothesis was correct. We are now working on developing prototype devices. We hope that someday these devices could recover 10 percent of the wasted energy in every vehicle, translating to lots and lots of gasoline savings – 14 billion gallons in the U.S. alone. – Ed Evans ’91
Until recently I worked for General Mills, and I now work for Campbell Soup. As we talk about corporate social responsibility and sustainability,
energy and carbon footprints are certainly part of the discussion. In addition, the impact energy prices and biofuels production is having on food prices is pretty dramatic. Since diesel fuel prices have skyrocketed, and therefore it has become far more expensive to ship raw materials and finished products between our facilities and to our customers, we have had to consider raising the price of our products to compensate. – Brett Buatti ’92 Th’94
My entire career since graduating in 1992 has been in energy. I am currently a principal with U.S. Renewables Group, one of the only (for the moment) private equity firms in the United States focused exclusively on investments in assets in the
renewable energy sector. – Scott Gardner ’92
I am on a volunteer committee for the City of Solana Beach, Calif., called the Clean and Green Committee. We are developing a
climate action plan right now, which is a blueprint for the city, based on a mayor’s agreement with 12 objectives that the city signed onto in 2007. – Annie Kaskade ’92
I work for Ballard Power Systems in Burnaby, British Columbia, which develops
proton exchange membrane (PEM) fuel cells for use in a variety of power applications. PEM fuel cells produce electricity from hydrogen fuel and have high efficiency and no emissions. Most notably, we are working together with Ford and Daimler on their fuel cell vehicle programs. My husband and I are also quite focused on conservation at home. Last September, we installed two kilowatts of photovoltaic panels on our roof, and we expect to generate 30 to 40 percent of our annual electricity needs via the sun. I was president of the Dartmouth solar racing team for a few years, so it feels great to be harnessing the sun yet again on a daily basis. – Laura Iwan ’93 Th’94
After leaving Dartmouth, I pursued an international master’s degree at the Royal Institute of Technology in Sweden in sustainable energy engineering with a focus on
sustainable power generation. I’m now completing this degree by working on my master’s thesis at the National Renewable Energy Laboratory out in Colorado. I have just started a six-month thesis project where I am working on a wind-to-hydrogen project, using wind (and photovoltaic solar) electricity to produce hydrogen through electrolysis. I am specifically working on a cost analysis sub-project, but I am taking part in a variety of areas and learning a lot about the integration issues of renewable energies and hydrogen production. – Genevieve Saur ’93
I’m the chair of the Concord (Mass.) Comprehensive Sustainable Energy Committee. We’re working to promote
energy conservation and efficiency as well as renewable energy in the town for residential, commercial, and municipal sectors. Right now we’re focusing on municipal issues because we have a budget for town buildings and there are fewer decision makers involved. I’m also leading a high-profile team of local politicians and notables in something called the Low Carbon Diet, which is run by the Mass Climate Action Network. – Brian Crounse ’94 Th’95
I am a consultant with IBM and I am involved with
green supply-chain solutions. IBM research developed a carbon analyzer tool. We modified it for a heavy equipment manufacturer’s forest products division. The tool can measure the carbon emissions created in the supply chain. Currently we can assess inbound and outbound transportation, and it will be able to assess facility carbon creation. The tool also allows scenario analysis to understand how you can decrease carbon emissions while also calculating transportation and inventory metrics. This allows trade-off analysis of carbon, inventory turns and cost, transportation cost and frequencies, service level agreements, and packaging costs. – Chad Boucher ’95 Th’96
I am a research engineering specialist with ExxonMobil
Upstream Research Co. in Houston, Texas. I work at ExxonMobil R&D, in particular the offshore and Arctic division. My previous role was metocean (meteorological and oceanographic criteria) team leader, and now I am leading a research project in the Arctic section. – Oleg Esenkov Th’95
I am responsible for the procurement of new power plant projects at RWE Power in Essen, Germany. We are currently facing an investment program of 9 billion Euros until 2014. The investment program includes: one 2,100-megawatt lignite, one 800-megawatt combined cycle gas turbine, and two 1,600-megawatt hard coal fired power plants with the most advanced efficiency; the
world’s first zero-CO2 power plant (integrated coal gasification and carbon capture and storage); fluidized bed drying for increased efficiency of future lignite power plants; a CO2 scrubbing prototype; and clean development programs. – Michael Müller Th’95
My wife, Kirsten Glass ’95, a large-animal veterinarian in Lyme, N.H., just finished sponsoring a B.E. project at Thayer to
make her truck more efficient and environmentally friendly. – Brian Spence ’95 Th’96
I’m working as a research analyst for a boutique investment bank in Atlanta. I see a lot of interesting ideas in the energy space, ranging from hydrocarbon sources such as natural gas, oil, and coal-bed methane to alternatives such as wind projects. The difficulty in finding new sources – along with global geopolitical issues and the need for the U.S. to become more self-sufficient and greener at the same time – have brought the
U.S. energy market back to life in the last few years following decades of underinvestment. – Patrick Orie ’96
I work for the venture capital team at GE focused on the
energy and water markets. We are solely focused on investing for GE in early-stage companies in the renewable energy, energy efficiency, water technologies, and the traditional energy markets (oil and gas, energy generation, carbon capture). – Andrew Lackner ’97 Th’99
I work for Tesla Motors. We are making a
high-performance electric sportscar. Two other Dartmouth alums work here, too: Krispin Leydon ’99 Th’01 and Diarmuid O’Connell ’86. – Matt Senesky ’98 Th’99
I do Fluent CFD simulation work for Fuel Cell Energy in Danbury, Conn. We build 1- to 3-megawatt
molten carbonate fuel cell power plants. We also do solid oxide fuel cell research. I do gas flow simulations to support both the research and manufacturing groups in the company. – Joe McInerney Th’99
I’m a research assistant professor at the University of New Hampshire environmental research group. We are working on
sustainability in the highway environment, which focuses on conserving energy, water, and materials while reducing emissions into the environment. – Jeffrey Melton Th’99
As an analyst at Forrester Research, I spend a majority of my time studying the major trends and drivers of new technology adoption. I focus most of my research on software applications that support product development. Tools that support better
energy-efficient or environmentally compliant decision making are definitely a hot area right now. Since a large percentage of a product’s energy performance is committed during the concept and design stages of a product’s life cycle, these types of applications can help designers make a big difference in terms of a product’s environmental impact once its being used in the marketplace. – Roy Wildeman ’99 Th’99
I’m leading the product development at a company called Advanced Transit Dynamics. We are working on bringing to market products to
make the world’s trucking fleets more fuel-efficient. Our CEO is Andrew Smith Tu’07, and we have Jeff Grossmann ’06 Th’07 working with us as well. – Chuck Horrell ’00 Th’01
I’m a director for the Technology Transition Corp., which manages the National Hydrogen Association and the Carbon Management Council. Separate from my day job, I’ve helped to put together a team that will be competing to win the four-person division of the Race Across America. We race this June to bring attention to
alternative modes of transportation and carbon-neutral choices. Our goal is to make it from Oceanside, Calif., to Annapolis, Md., in under seven days of 24/7 riding and get as many people as we can to pledge to live carbon-free during the week that we race. – Patrick Serfass ’00
I recently defended my Ph.D. thesis on infrastructure requirements and impacts for ethanol and hydrogen at Carnegie Mellon. My most interesting project involved
modeling ethanol production and distribution in the U.S. The goal was to figure out where it should go, how much it would cost, and emissions from transportation in an optimal scenario. The project showed that ethanol should be used regionally, near where it is produced. High blends (E85 as opposed to E10) should be sold in order to maximize regional use. If ethanol is produced in the midwest and shipped for use in California (this is the case for much of our current production), there are no economic or environmental benefits from using ethanol instead of gasoline. – Heather Wakeley ’00 Th’02
Before going to graduate school in architecture, I worked for Redefining Progress on ecological footprint modeling (which seems largely driven by the carbon cycle and fossil fuel consumption), and for Energy Nevada and Nordic Windpower (related enterprises developing utility-scale wind power). I am currently finishing my master’s degree in architecture at UC Berkeley, where I am a teaching assistant for an energy and environment course. My design thesis is partly about importing resource footprint into urban areas through
facade-implemented growing of food and biomass. – Christian Cutul ’01
I work on
energy conservation for the Harvard Green Campus Initiative. I manage new construction services, a group that works with new construction and renovation projects at Harvard. We review designs, work with design teams to incorporate green features, and manage the LEED certification process. – Jesse Foote ’01 Th’02
I am an assistant professor at Elizabethtown College in Pennsylvania and am involved in research into
energy storage for renewables, as well as stand-alone solar and wind installations. I also am involved with an entrepreneurial research project in collaboration with two Ph.D. students at Thayer, Dax Kepshire Th’06 and Ben Bollinger ’04 Th’04. This project, which is being developed through the start-up company SustainX, involves a new method of compressed air energy storage. I will be spending six weeks this summer at Hanover working on this research with Dax and Ben. – Troy McBride Th’01
I’m working now as a project coordinator for Lifewater International. We do international water development by training indigenous organizations in shallow well drilling, pump repair, sand filter construction, latrine design and promotion, and hygiene education. I’m the manager for all work in Zambia and Mozambique. I got a master’s from Cal Poly San Luis Obispo last year and have been simultaneously working for Lifewater since July 2005. I hope that my research can be a foundation for
biodiesel fuel production from wastewater treatment algae. The research I did showed very positive results in terms of potential lipid oil yields, and since the main food source for the algae is human and animal waste, it’s really a win-win situation. It’s going to be published, I hope, in a special renewable energy issue of the Journal of Environmental Engineering. – Adam Feffer ’02 Th’03
My new company, VisibleEnergy, will provide residential power consumers with an energy-monitoring device and an online community. The monitoring device will deliver a low-cost data feed from the consumer’s electricity meter to the VisibleEnergy data processing center. Our website will translate usage into meaningful terms, allow users to compare their consumption with similar homes, and provide tailored recommendations for cost and energy savings. Our team (my wife,
Sarah Kate Fishback ’ 02, and I) recently won the $5,000 top prize in the consumer division of the Duke Startup Competition. – Luke Fishback ’02 Th’03
I volunteer to help run an
energy conservation program in our elementary school in Rockville, Md. It is done by fifth-grade students, and I am their leader. We do an energy patrol, celebrate the classrooms that conserve the most, and study energy issues, sources, and conservation benefits. Lots of success. – Katya Kovalskaia Th’02
I work as a consulting engineer for the energy and resources team of the Rocky Mountain Institute, a nonprofit that does consulting and research work in all aspects of energy and resources. I have only been with RMI for a few months (I was doing energy analysis for green building design for an HVAC firm prior to this), and am currently working on a research project called Next Generation Utility, which looks at the need for a
new electric utility paradigm. – Kendra Tupper ’02 Th’03
I joined ExxonMobil five years ago after receiving my degree at Thayer. Last fall I transferred to a position in Doha, Qatar, within our
liquefied natural gas (LNG) business. We work on the global development of marketing plans to monetize natural gas reserves, as well as day-to-day marketing of associated products and related businesses. I am currently living and working in Qatar, the world’s fastest growing economy, working on the world’s largest and most technically complex natural gas projects. We are (probably) in the “golden age of natural gas,” as once-regional markets for domestic pipeline natural gas become interlinked globally by the emergence of a growing LNG business. The use of natural gas as a fuel, particularly in power generation, is important component within plans that consider the use of cleaner burning fuels as a way to reduce emissions, including CO2. The growth of the LNG business makes this increasingly more possible across the globe. – Garth Castren Th’03
After Thayer I got my master’s in technology and policy, and civil and environmental engineering at MIT. There I worked on
modeling renewable energy technologies (wind and solar specifically) and economic policies (renewable energy portfolio standards, tax subsidies, guaranteed government buy backs) for the MIT Climate Change modeling research program. I am currently teaching math and science in a public school in New York City and often include energy topics in my courses. I have offered a renewable energy elective and a course on energy use and the environment. – Alan Cheng ’03 Th’03
I am working on an energy problem as part of my thesis here at Stanford (I graduate from the master’s program in June). I have teamed up with a fellow product design grad student and together we are exploring the world of solar from new perspectives. What if everyone, even renters, could own
small-scale solar and do their part? We have been researching perceptions around energy and environmentalism and have found an opportunity to create products in the solar sector that allow young, environmentally conscious people to express their individuality and empower optimism around energy choices. We aren’t trying to increase solar efficiency or reach grid parity, instead we’re trying to celebrate the possibilities of solar. – Emilie Fetscher ’03 Th’04
I work at SunPower Corp. doing design engineering for domestic systems in California and New Jersey and international in Italy and Korea. The sun is so hot right now! Being in the renewables market, it is interesting to see how little the environment is involved in the day-to-day working life. I have overheard many say how we are in competition with wind, and comments like this make me realize how large a role policy has in creating this new marketplace for all sustainable technologies to exist. We’ve just moved into an old Ford factory in Richmond, Calif., and the company is about to install one megawatt of solar on its rooftop to become off-grid. Taking on a vertically integrated approach, the company designs and manufactures the
solar panels, and designs and installs arrays. Making the simple design/build process more convoluted is the concept of financing, as many large power plant systems are priced such that outside financiers purchase and sell solar electricity to the customer. In trying to balance the multi-variable design and sales constraints, I often think back to my operations research class, and realize that behind this multivariable system of equations, I am offsetting carbon each time I turn on my computer. – Adam Han ’03 Th’04
For two years I was working at a consulting firm within their energy and environment business consulting group. There we did a lot of work with utilities, ranging from energy sources (coal, gas, etc.) to transmission lines to distribution networks. A bit of work I did was in the photovoltaic and wind arena. For the past year I’ve been working at a private equity fund on their U.S. and
natural resources private equity team. Although I’ve spent the bulk of my time working on more general private equity managers, I’ve had some exposure with natural resources managers ranging from oil and gas to clean tech. – Ethan Levine ’03 Th’05
I work for a management consulting firm in Atlanta, Ga., and we do about 80 percent of our work with energy clients, mainly large utilities and government entities. I’ve been involved in the energy industry in an organization redesign for the country’s largest state power authority, new generation development and resource planning for a top-ten utility, and I authored a white paper on carbon capture and storage.
– Bob Neill ’03
I’m doing doctoral work in the natural resources and earth system science program and part of the ocean process analysis laboratory at the Earth, Oceans and Space Institute at the University of New Hampshire. I hope to be able to use my research to help site
offshore wind farms. I work on a sensor called SeaWinds on the QuikSCAT satellite. This instrument is called a scatterometer and is basically a space-borne radar that measures backscatter, the signals reflected off centimeter-scale waves on the ocean surface. These little waves are generally caused by wind, so the strength of the backscatter signal can be interpreted through a geophysical model function to derive wind speed and direction. I’m still in the evaluation phase, but if I have good results, I’ll begin developing a high resolution wind climatology with a web-based interface. This would provide useful information for companies and communities interested in the offshore potential of their area. Some of the major wind energy companies in Europe already use satellite data for siting purposes, and one (Garrad Hassan) has shown interest in my work. Additionally, the nine-year record of data from QuikSCAT means that this research might have additional climate change-related impacts – I could attempt to look for any significant differences between the overall wind patterns in 1999-2000 vs. those in 2007-2008, for instance. – Amanda Plagge ’03 Th’04
I’m a second-year Ph.D. student at Purdue University and part of a research group that is working on
GaN-based white LEDs. The project is sponsored by the U.S. Department of Energy as part of its solid-state lighting initiative. My part of the research group does the characterization work, which is mainly transmission electron microscopy. – Patrick Cantwell ’04
I’m a student at MIT, and my research is on
how renewable generators fit into modern electricity markets. I’m writing a thesis on how different ways of pricing electricity would change revenues of renewable generators, and I also do some work in quantifying the avoided emissions that can be attributed to new renewable generators or energy efficiency projects. We start with data that the EPA collects for its Continuous Emissions Monitoring system. They measure the CO2, SO2, and NOx coming out of every electricity generation unit in the country by hour. We want to figure out which of those plants are “on the margin” – for example, if someone turns on or off an air conditioner or we install some wind generation, which fossil generators will reduce their output in response. We have a simple program that identifies those generators for each hour (currently we do it from 1999 to 2006) and we take an average of their emission rates as the system’s marginal emission rate for that hour. Then we can compare that emission rate to historical wind speeds by hour for any site. Basically we are answering the question, “If we built a wind turbine in this location in 1999, how much CO2, SO2, and NOx would have been saved?” The main insight/surprise that we have had is that the hour-by-hour operation of the power system is so complex that looking at aggregate numbers (such as annual emissions or renewable generation) can give misleading results. We found that emissions rates on the margin (i.e., from the most expensive plants that are operating at any instant) are much more variable and on average larger than average emission rates; and emissions have seasonal and daily patterns, so it is important to see how they line up with hourly wind speeds or sunniness. The work I have been doing with a research group includes applying this to some test cases in New England. The project I’ve been doing on my own is “Effects of Real-Time Electricity Pricing on Renewable Revenues and System Emissions.” Real-time pricing (RTP) would mean that the price of electricity that you and I pay would vary by hour, depending on how expensive it is to generate in real time (we would have a meter in our house to give us the price). I modeled the effect that this would have on solar and wind generators by looking at how wind speeds and solar radiation line up (hour-by-hour) with price changes due to RTP. We found that the effect isn’t much different than the effect on the average fossil generator (for the four New England test cases I considered). The price for electricity and the wind/solar generation are more random, hour-by-hour, than I expected. – J.P. Connolly ’04 Th’04
I work for Northern Power in Barre, Vt., which designs and builds
wind turbines. Right now we are selling a 100-kilowatt wind turbine and will be producing a 2.2-megawatt turbine in one to two years. The wind market in the U.S. is just starting to develop and grow. Over the next few years I believe we’ll see large increases in wind farms across the country. My job focuses on the power conversion from the wind turbines rotor to grid. Efficiency is key in this area, since typical wind turbine applications stack up turbines and that can eventually lead to large power losses. The “lossiest” components in the converter are typically the magnetics and switches. My design focus is on the magnetics that are used to boost the voltage to a level needed for the grid. To figure out what design changes are worthwhile in the magnetics, we often attach an effective initial cost to any changes to see what the upfront financial cost is and when it would be paid back. – Magdalena Dale Th’05
I have been working for GE Energy for the last two years, on both the
gas turbine compressor and wind turbine aerodynamics teams. I had the pleasure of working with several Thayer grads, including Gunnar Siden Th’85, Dale Apgar ’04 Th’05, and Ryan Conger ’05. Most of my work focused on building 2-D or 3-D computational fluid dynamic models. Efforts for the wind team dealt with enhancing prediction capability to improve blade acoustics and general performance. Recently, I focused on power plant mechanical control upgrades to improve optimization and control. I just completed a large upgrade on one of the world’s largest geothermal power plants in Mexico. I just took a leave of absence from the company to explore other avenues of energy and climate change and complete my master’s in mechanical engineering. – Eric Fitz Th’05
I recently graduated from Stanford with a master’s in civil and environmental engineering, focusing on atmosphere/energy issues. I am now working at an energy engineering/consulting firm in San Francisco. My work focuses on feasibility studies, project scoping, and implementation support for energy efficiency and renewable energy projects. Recently I have also been working on
calculating greenhouse gas emissions reduction potential for renewable energy and energy-efficiency projects. – Tia Hansen ’05
I work for DC Energy along with other Dartmouth engineers
Steven Hsu ’01 Th’02, Lauren Cecere ’06, and Albert Kang ’06. We trade in the energy markets, with our key focus on the deregulated electricity markets, but also in natural gas. Our activities aid in driving pricing efficiencies for producers and users of power alike. The markets provide a means for aiding in economic dispatch of generation units to meet the demand of the system across the transmission grid. – Daniel Hassouni ’05 Th’05
I’m a project manager for Tamarack Energy, a developer of renewable energy projects, in Essex, Conn. Tamarack primarily focuses on developing
utility-scale biomass (clean waste wood) power plants. We are working on several such projects on the East Coast. Clean waste wood is a carbon-neutral (or carbon negative), renewable, low-cost, and environmentally friendly source of power. We are also working on several wind projects in northern New England. – Cliff Orvedal ’05
I am currently working in the alternative energy field, doing research and development for Mascoma Corp. in Lebanon, N.H., along with a number of other Dartmouth and Thayer School alumni. My work focuses on feedstock pretreatment for the production of
cellulosic ethanol. – Matt Richards ’05
I’m currently in the first year of my master’s at the University of Texas in Austin – my graduate research is actually on
wind turbine control systems. I’m also interning this summer in GE’s Power Systems group in Schenectady, N.Y., working on a study of high wind and solar penetration in the western U.S. – Dave Burnham ’06
I work at Manasc Isaac Architects, which is located in Edmonton, Alberta, Canada. My work is funded by a provincial agency (Alberta Ingenuity) that has a mandate to increase the amount of R&D in our province’s economy. I am conducting research with the intent of improving buildings that, among other things, use daylight and energy efficiently. I’m looking at how engineering analysis can be integrated into the architectural design process to achieve this end. I’m learning how to use and evaluate the widely disparate array of software packages available to facilitate the analysis of a building’s energy consumption. I’m also familiarizing myself with the
design process of a sustainable building – which differs from the design of a standard building, primarily in the degree of coordination between members of the design team – to see how these tools can be integrated into that process. I’ve done a number of studies for several buildings that have been successfully used to convince clients of the benefits of design features that would optimize the amount of natural light in a space. – Josh Kjenner Th’06
I work for Rumsey Engineers in Oakland, Calif. We design
HVAC systems for energy-efficient buildings. We also serve as consultants to PG&E’s Savings By Design Program, which offers incentives for high-tech facilities that incorporate energy-efficient measures into their design. We perform the energy analysis for this program. The incentives are awarded based on the calculated energy savings. – Hillary Price Th’07 | 29,980 | 12,556 | 0.000083 |
warc | 201704 | Women in Politics: What’s the Future? Today, I stumbled upon a very interesting column written by Meghan McCain titled, "Hillary and Sarah's Common Theme." Huh, I wondered, how can the two be alike at all?
But then, I became really intrigued by McCain's discussion. She pointed out the ways she feels that these women both have been treated unfairly. Both have risen in the political realm, but not without criticism, and McCain questions, Can women ever really rise to their full potential in politics? Or is it truly a man's world? Will a woman ever be President? Will politics forever be misogynistic?
I think she raises some thoughtful questions and points out similar criticisms of Palin and Clinton. The question I ask, though, why do we see a common thread with women in politics? Does this mean women will never be successful in the political world? Well, I think if we look in history, women have already achieved great success in politics. Just look at Margaret Thatcher. Particularly this week, with the anniversary of the fall of the Berlin Wall, perhaps we can see just how courageous and tough one woman has been in history.
However, we can't ignore some basic facts about women as we evaluate women's potential in politics. Do all women really want to be politicians? Particularly, when you factor children into the equation, having a career in politics, particularly at younger age would be difficult for some women. And then there's the question, do most women have the thick skin that's required for politicking?
These are some questions to ponder. I think there are several things to take away from this discussion. First of all, we should step back and recognize the great gains made by women as they have advanced in the political sphere and the unique perspective they have brought to the table. Second, I think conservative women have a particularly important role to play in politics today, and I'm excited for the potential. But the most important thing I think we should take away is recognizing the ways in which women are different from men and how this plays out in politics. Sometimes, I feel we try so hard to fit a square peg into a round hole as we try to say what women should and shouldn't do. There are those women who may be designed perfectly for a career in politics, and I think we should encourage them and celebrate their achievements. But for those of us who'd prefer to sit on the sidelines and recognize that we aren't made for a political career, then that's okay too.
I just can't help but wonder if this is a field that men might always dominate. And let me be clear, it's not because I believe there is inherent sexism and the "glass ceiling" in politics, but I'd argue it's because of gender makeup. The female sex as a whole just may not want to pursue the career of politician. And hey, I can think of plenty of jobs that women will
always outrank men in. And I don't hear men crying, "Sexism!" in the nursing or teaching profession when women continue to outnumber men in these jobs. Do you? | 3,063 | 1,504 | 0.000669 |
warc | 201704 | We've all heard how more than half of those surveyed said they'd change their summer vacation plans if the price of gas keeps going up. But there is also some reporting that the housing crisis is causing more families to keep from relocating. When you get that great job offer in Texas or Minnesota, selling your old house at a loss of a few hundred thousand can be a real deal killer.
The combined factors could really change local economies as people suddenly discover new ways to enjoy their own places. It could also change perspectives. Has the high level of mobility undermined the commitment of property owners to actively participate in improving the quality of their own communities? Could this change? | 714 | 445 | 0.002257 |
warc | 201704 | Archibugi, Daniele (2001)
The politics of cosmopolitan democracy. In: Gleeson, Brendan and Low, Nicholas, (eds.) Governing for the Environment. Global Problems, Ethics and Democracy. Palgrave Macmillan, pp. 196-210. ISBN 9780333977620 Abstract
Contributors from law, political science, philosophy, economics, and environmental science explore the ecological sustainability and integrity of the Earth's environment as one of the dimensions of the value-knowledge system needed in any movement towards humane governance for the planet. They argue that while a body of environmental ethics has rightly developed rapidly, it must not overwhelm consideration of other core humane values such as peace, social justice, and human rights.
Item Type: Book Section Official URL: http://www.palgrave.com/ Additional Information: © 2001 Palgrave Macmillan Library of Congress subject classification: G Geography. Anthropology. Recreation > GE Environmental Sciences Date Deposited: 29 Oct 2008 12:32 URL: http://eprints.lse.ac.uk/10478/ Actions (login required)
Record administration - authorised staff only | 1,106 | 692 | 0.00146 |
warc | 201704 | In this chapter, we showed that architecture is more than the result of the functional requirements for a system. It is equally the result of the architect's background, the technical environment within which the architect lives, and the sponsoring organization's business goals. The architecture in turn influences the environment that spawned it by adding its presence to the technical environment and by giving the business new marketing possibilities. We introduced the Architecture Business Cycle as the motif for this book, but the reader should be aware that the ABC as described here will be extended in later chapters.
Finally, we posited a set of rules of thumb that generally lead to successful architectures.
Next, we turn our attention to software architecture, per se. | 786 | 446 | 0.002254 |
warc | 201704 | Create a More “Experienced” Event
Most of us have heard how important branding is to a new or existing company, but how often do you think about branding for an event or conference?
Branding is the foundation for engaging your audience, triggering emotional responses within your customers, and getting people to talk (more importantly to promote) your event… for free!
A little branding 101: branding is NOT a logo. While it’s a piece of the puzzle, a true brand is the total package of a customer’s experience and perceptions – some you can control and some you cannot. Branding, a key element of event marketing, can be tricky because it is important to not only communicate the message and goals of the event itself, but it’s also essential to weave in the message and goals of the event organizer. Ideally both messages are similar, streamlining this process.
Communicating an event’s message has moved from broadcasting its logo all over your event website and other event materials to creating unique experiences that form an emotional bond with each attendee. (By the way don’t forget to check out 5 Event and Conference Website Must Haves) This means creating a personality and sense of purpose for the event to create a strong message that lasts long after the event is over.
The Rise of Experiential Marketing
Instead of looking at your audience as passive receivers of your event’s message, they should be actively involved in developing a relationship with your event’s brand. The question then is how do we achieve this? Read on for four things to keep in mind as you plan your event:
Define the purpose of your event:Planning a successful event starts with defining the overall goal. What is the primary purpose of the event? Is it to inform and educate? Inspire or motivate? Network or make money? When the event is over, how is success defined? Even if your event occurs every year, it’s important to examine what the marketing and sales goals are each year and then to design the event tactics around those goals in order to drive success. Establish who will attend your event:Who do you expect will attend and what do you expect them to feel and understand in order to act on your event objective(s)? Creating a personalized, multi-sensory experience will connect and motivate your audience, encouraging them to re-attend or refer your event to others. Create the experience with the five senses in mind: See:You get one chance to make a first impression. Before any of the other senses are engaged, your audience will see the stage you’ve set for them. Does the visual representation match your event’s objective? A speed networking event should be clean and organized. An event showcasing a new Jeep Wrangler should look adventurous and rugged, while an event showcasing a Bentley should look luxurious. Hear:Music has the power to be engaging or distracting. Picking the right music and making sure the volume is set appropriately is critical. Smell:Sensitivity to smell can be a distracting factor if not taken into consideration and unfavorable smells can detract from the experience. Put some thought into the aroma during your event. Taste:People love to eat. If your food represents your event, rather than just being a part of it, your guests will remember. Make sure the food and drink is the highest quality possible. Touch:Textures, comfort, climate is how your guests interact with the environment and should be evaluated. Giving your attendees something to physically hold (i.e. brochures, free samples, etc.), can drive value perception. Making your audience comfortable, and engaged, will enhance the experience. Create interactions:From breaks to lunches, make sure there’s plenty of time for people to meet, talk and network. More importantly, picking purposeful speakers who interact and engage the audience is a better approach than just picking speakers based on name recognition.
While focusing on creating an experience for your audience can enhance the success of your event marketing and ultimately your event, sacrificing your brand in order to create this environment can be detrimental. Remember, the overall objective is to create an experience that fully engages the audience while developing a loyalty to your brand. By ensuring that your brand and the audience experience works hand-in-hand, you’re able to bring together an audience that’s shares the same values and motivates them to take action. | 4,544 | 2,103 | 0.000486 |
warc | 201704 | From Adidas MiCoach to Nike+, currently there are a handful of personal training systems developed for runners and cyclists. Outside of these two fields, very few wearable technology systems have been designed for other sports.
Motivated to expand the research of wearable technology products for athletes, Sebastiaan Pijnappel, an interactive product designer, developed an experiential wearable prototype for pitchers that not only measures pitching rhythm, but also provides aural feedback.
How It Works
The wearable system measures timing of “key phases of pitching movements” and directly translates movement to an auditory feedback. The goal was determine whether sounds associated with movement would improve a pitcher’s consistency.
Although the study sample was small, three out of the four test subjects showed improvement as a result of the auditory feedback.
More research is certainly needed, but can’t you just see incorporated with the WII fit? | 986 | 560 | 0.001836 |
warc | 201704 | AP: “President Barack Obama is proposing cuts to Social Security as an attempt to compromise with Republicans on the budget. A senior administration official says the budget Obama will offer to Congress next Wednesday would reduce the deficit by $1.8 trillion over 10 years. It includes a revised inflation adjustment called ‘chained CPI’ that would curb cost-of-living increases in Social Security and other benefit programs.”
Politico: “The administration hopes including the cuts — adopting the chained CPI for Social Security and slashing about $400 billion from Medicare over the next decade — can persuade Republicans to roll back the cuts in the sequester and agree to further revenue hikes. In total, the president’s plan would reduce the deficit by $1.8 trillion over ten years.”
Liberal economist Robert Reich does not like that Obama is willing to put chained CPI on the table: He calls it “wrongheaded” and cut a video, too, explaining. “Social Security benefits are already meager for most recipients. The median income of Americans over 65 is less than $20,000 a year. Nearly 70 percent of them depend on Social Security for more than half of this. The average Social Security benefit is less than $15,000 a year,” he writes on Huffington Post. “Besides, Social Security isn't in serious trouble. The Social Security trust fund is flush for at least two decades. If we want to ensure it's there beyond that, there's an easy fix -- just lift the ceiling on income subject to Social Security taxes, which is now $113,700. Why are Democrats even suggesting the inflation adjustment be reduced? Republicans aren't asking for it. Not even Paul Ryan's draconian budget includes it. Democrats invented Social Security and have been protecting it for almost 80 years. They shouldn't be leading the charge against it.”
Joan Walsh of Salon doesn’t like it either, calling it “bad policy” earlier this week when it was floated that the president could include it in his budget, as well as another “futile crusade for compromise with Republicans.”
Today, “Obama hosts the annual Easter Prayer Breakfast at the White House,” USA Today writes.
Whoops… First Lady Michelle Obama referred to herself as a “busy, single mother” in a local TV interview. "Believe me, as a busy single mother...or, I shouldn't say 'single' - as a busy mother...," she said, correcting herself. "You know, when you've got the husband who's president, it can feel a little single, but he's there. And as a busy working mom, and before coming to the White House, I was in that position as well - working, driving kids to practice, not having enough time to shop or cook, not having the energy.”
Meanwhile, at a fundraiser in California, President Obama called Attorney General Kamala Harris the “best-looking attorney general in the country,” after calling her both “brilliant” and “tough.” And as the crowd reacted, he added, “It’s true! Come on!”
USA Today: “We can't help but wonder what the first lady is going to think of this.”
Politico: “Obama’s remark set the chattering class atwitter.”
The New York Times noted the backlash from people like Joan Walsh of Salon, Robin Abcarian of the L.A. Times, and Jonathan Chait of New York magazine.
“Chuck Hagel has started a trend: High-ranking officials across the Obama administration are stepping forward to give back a portion of their salaries in solidarity with their staff who face furloughs because of mandatory spending cuts,” USA Today writes. “Secretary of State John Kerry, Attorney General Eric Holder, Treasury Secretary Jacob Lew and Homeland Security Secretary Janet Napolitano all indicated Thursday they would give up a chunk of their salary this year. Defense Secretary Hagel was first out of the box Tuesday announcing his voluntary pay cut. President Obama joined in Wednesday, announcing he would take a 5% pay cut.”
But as First Read has noted, those who haven’t yet agreed to forgo 5% of their salary: Vice President Biden, House Speaker John Boehner, House Majority Leader Eric Cantor, Senate Minority Leader Mitch McConnell.
Pew: 52% say pot should be legalized. Pew writes: “For the first time in more than four decades of polling on the issue, a majority of Americans favor legalizing the use of marijuana.”
A majority of Americans would support U.S. involvement if North Korea attacks South Korea by a 55%-34% margin, according to Gallup.
Eric Holder during a speech yesterday at the National Action Network Convention said some prison sentences are too long: “Too many people go to too many prisons for far too long for no good law enforcement reason. It is time to ask ourselves some fundamental questions about our criminal justice system,” he said, per prepared remarks.
Politico also notes: “The attorney general also painted attempts by Republicans to change electoral vote allocation in certain states as an assault on voting rights.” | 5,169 | 2,533 | 0.000417 |
warc | 201704 | This is one of the better months for fishing weather: The days become cooler as the sun loses a lot of its intensity and the mornings and evenings become crisp.
The Hunter and Paterson rivers continue to fish reasonably well this month with some good bass to be caught up around Aberdeen on fly and small lures. Brown Koolabung Cicadas have been snaring some really nice fish. There are also some good numbers of mullet to be caught on dough.
The Williams will also produce some nice bass as the water skiers begin to disappear. Small spinnerbaits, Beetle Spins and 40mm crankbaits worked along the edges of the reeds should be effective.
Up at the Barrington Tops the trout have been active, especially on fly, but they are still very hard to get to because all the better tracks are closed off.
Up the Hunter Valley, the dams start to cool down this month, allowing the fish to rise in the water column. It would also be good to see some rainfall which would allow the dams to rise a little.
Lake St Clair fishes really well this time of year and we should see larger bass and goldens taking lures and the catfish still liking worms.
Those trolling will need to work the deep banks and river bed sections up both the arms, using lures that run down to about six metres. Dark colours should be a starting point and, as the day progresses, move to shades of green and brown.
Late into the afternoon move onto the edges using spinnerbaits of around 1/4oz to 3/8oz in green shad or purple shad colours. The last hour will be usually the most productive.
A live shrimp or yabby bobbed around the timber, especially in the Carrowbrook Arm, will definitely be productive.
Last Autumn I had a lot of success using a black/gold TN60 Jackall, working it along the banks. But, now that a lot of people have been using them over Summer, the fish might be a little shy of these rattlers.
GLENBAWN GOLDENS
Lake Glenbawn is still holding its own but it would be very good to see plenty of snow up at the tops this Winter to raise the dam before Spring.
During March the golden perch will be holding among timber all around the dam but will also be around the backs of the bays. Bait-fishing around the timber with yabbies or worms in around 10 metres is a good start. Then trolling along the edges that lead to the backs of the bays is a good way to target them.
For those chasing bass this month it can be a little harder as the fish move down the dam and like to hold in the deeper water where they prepare to school up. They like to be in around 10 to 15 metres and can be in open water or adjacent to submerged timber or peaks so finding these fish can take some very careful use of a good sounder and a lot of patience.
Trollers should work along the deep drop-offs using lures that run down to around nine metres and heavy spinnerbaits from 3/4oz to 1oz with downsized blades will also get you down to that depth. I have had good success with the Greenfish and AusSpin ranges.
The schools that you find in the more open sections of the dam will be very eager to take plastics such as the Bass Minnow or Slider worked on about 3kg line with a very sensitive rod. At this depth it is a very soft bite and also you need to use just enough weight in the jig to get you to the depth that the bass are holding.
Sometimes when fishing these schools it is not uncommon for the fish to go off the bite after you catch a few so I then mark them on the GPS and come back later.
Another method to target these deep fish is to slowly work a Jackall Mask Vibe 60 in the strike zone by counting it down and let the natural action do the work.
Although Glenbawn now has enormous fishing pressure, it continues to produce some excellent fishing but will continue to do so only while we keep releasing the fish to swim another day.
Don’t forget that the first round of the ABT is on Lake St Clare on March 19 and 20 so come and have a go or check out the weigh-in each day.Reads: 362 | 3,984 | 1,930 | 0.000522 |
warc | 201704 | The presence of Unmanned Aerial Vehicles (UAV’s), or ‘drones’ as they are commonly known, has grown exponentially in a wide variety of fields over the last few years, including in the area of humanitarian relief work. The use of UAV’s, however, is not without its controversies. In civilian work, drones are viewed as a blessing by some, and as a bane by others, but one thing is certain, they are here to stay.
Mention of the use or usefulness of drones in disaster relief work has featured in several Floodlist articles over the last three years, including during the Uttarakhand floods, India in 2013, flood monitoring and rescue in Malaysia and in Oklahoma, USA, but there has also been a note of caution expressed.
Potential Problems
Potential problems arising from the use of drones in humanitarian disaster events include the proximity of drones to sites of strategic or military value, proximity to other air traffic, uncoordinated and/or potentially dangerous use of drones (mostly by non-humanitarian agencies or individuals), suspicion of authorities and citizens as to the role of drones, and lack of meaningful cargo carrying capacity.
Following the devastating 2015 earthquake in Nepal, the Nepali Civil Aviation Authority banned the use of drones altogether “as they could leak sensitive information and pictures of valuable heritage sites clicked illegally…which could be misused later”, according to a 6 May 2015 report in the Times of India.
Invasion of privacy is a common concern, even to those in distress, as is danger to other aircraft, but to what extent does the useful role of drones in humanitarian crisis situations make it essential that they continue to be made available?
Regulation
Already much progress has been made in (self-)regulating the use of UAV’s by humanitarian organisations, as well as in the capability and capacity of UAV’s, and also in the logistics of deploying such technology and co-ordinating the compilation of information gathered by them.
At a meeting hosted by the University of Sheffield in England in June 2016, a number of principle stakeholders interested in the use of cargo drones for the delivery of essential humanitarian payloads made presentations focused on cargo drone applications in humanitarian contexts. Included were representatives of UAV and robotics technology developers, humanitarian aid providers and delivery agents, and air traffic control authorities. The initiative was funded by the EC Humanitarian Aid agency ECHO, and was initiated by the Swiss Foundation for Mine Action (FSD) in collaboration with French NGO CartONG, international non-profit organization Zoï Environment Network and the Humanitarian UAV Network (UAViators).
FSD described the meeting as “a combined effort…(to put)…together the most comprehensive knowledge base on the use of drones for humanitarian actors to date”. The purpose of the gathering was “to advance the effective use of this emerging technology in humanitarian efforts actively, responsibly and effectively.”
At the conclusion of the event, it was suggested that the humanitarian community should remain involved in future discussions concerning the application and evolution of cargo drone uses in the development community.
At the meeting, Patrick Meier of WeRobotics outlined the existing International Humanitarian UAV Code of Conduct, which he spearheaded with UAViators, and which was launched in early 2014, with extensive revisions since then.
You can find more about Global UAV Regulations at the FSD database here.
Drones in Flood Monitoring and Humanitarian Work – Case Studies
To shed more light on the status of current drone technology and management in the sphere of humanitarian aid, FloodList will, with the permission of FSD, be publishing a series of case studies relating to the use of drones in flood-related humanitarian work in various parts of the world.
The series will consist of several case studies that are related to flood-relief and reconstruction, including flood-mapping in Tanzania, monitoring flood displaced landmines in Bosnia-Herzegovena, post-disaster mapping in the Philippines and mapping flood and storm damage in Haiti and Vanuatu.
The case studies give a fascinating insight into the range of UAV types available and their different operational applications.
The case studies also highlight the strengths of UAV’s in contrast to other methods such as satellite imagery and piloted aircraft, in each context, as well as the challenges in ensuring that they are used to their full capability, including clearly defined requirements, forms of data capture, co-ordination and communication with authorities and other role-players. | 4,797 | 2,270 | 0.000451 |
warc | 201704 | Builder confidence holds steady in April
Posted Date:
4/15/2014
[Washington] Builder confidence in the market for newly built, single-family homes rose one point to 47 in April from a downwardly revised March reading of 46 on the National Association of Home Builders(NAHB)/Wells Fargo Housing Market Index (HMI).
"Builder confidence has been in a holding pattern the past three months," said Kevin Kelly, NAHB chairman. "Looking ahead, as the spring home buying season gets into full swing and demand increases, builders are expecting sales prospects to improve in the months ahead."
According to the company the HMI index gauging current sales conditions in April held steady at 51 while the component gauging traffic of prospective buyers was also unchanged at 32. The component measuring expectations for future sales rose four points to 57. The HMI three-month moving average was down in all four regions. The West fell nine points to 51 and the Midwest posted a four-point decline to 49 while the Northeast and South each dropped two points to 33 and 47, respectively.
"Job growth is proceeding at a solid pace, mortgage interest rates remain historically low and home prices are affordable," said David Crowe, NAHB chief economist. "While these factors point to a gradual improvement in housing demand, headwinds that are holding up a more robust recovery include ongoing tight credit conditions for home buyers and the fact that builders in many markets are facing a limited availability of lots and labor." | 1,531 | 852 | 0.001186 |
warc | 201704 | I’m going to let you in on a little secret—church is something that the parents of kids with special needs dread. We are an exhausted group of people, and making it to church on Sunday is hard in big ways. It is also hard for our kids, many of whose needs result in difficult and loud behaviors during church that draw lots of unwanted attention. They’re not trying to be disruptive or naughty; often their bodies and brains can’t process the sights, sounds, and structure of a service.
But we remember Christ’s words, “Let the little children come to me” in Matthew, and we understand the importance of bringing our kids to Jesus’ feet to hear about his love and forgiveness. Sometimes we are also motivated by our desperation to see other adults during the week that aren’t our kids’ therapists. Sometimes we even dare to hope that we will be able to distract our kids long enough to make it through singing just one of our favorite hymns.
It’s hard work—physically and emotionally—for us and for our children. Here are some things for the church to think through when it comes to being the hands and feet of Jesus so that families can receive rest from the one who welcomes those who are “weary and burdened.”
Special needs present themselves in different ways. Children may have autism, PTSD, Sensory Processing Disorder, or ADHD—all diagnoses that don’t affect a child’s physical appearance. However, these are very real and challenging things to live with, and they affect a child’s brain and behavior in deep, lifelong ways. Treat the children and their families in your congregation with the kindness and gentleness Paul speaks of in Galatians. There may be more to a child’s behavior that you simply do not know about. Provide opportunities for Dad, Mom, and siblings to worship and learn. This can be as simple as providing a staffed nursery or special helper in the pews to give families aid and respite so that everyone is given a chance to learn, pray, and sing during worship. Be advocates for struggling families. They’re probably used to stares or unkind comments in the grocery store, doctor’s office, or park. Let your church be a place where these families are supported and encouraged. If you see others making them feel unwelcome or unwanted, reach out to encourage the hurting family—and remind others that God calls us to carry each other’s burdens in love. Notice the times when their child is behaving well or having a successful day. Tell them about the amazing qualities you see in their child. Equip your Sunday school, vacation Bible school, and other youth programs to accommodate participation from children with special needs. Make sure that the parents of these children feel welcome and safe dropping their child off by enlisting the help of their child’s therapists to make sure that you have a team in place to make the environment safe and successful. Most therapists are thrilled to help you make your program a better place for a hurting child. No one should be excluded from opportunities to learn about Jesus and enjoy fellowship with peers.
Children with special needs call for special care. And it brings special blessings for those of us who care for them. We get to see these children held tightly in the arms of Jesus and know—we had the joy of helping make it happen. Help your congregation experience this joyful blessing. Put God’s love in action.
Carly Seifert and her husband, Joel, live in Bozeman, Mont. Joel is the pastor of Shining Mountains Lutheran Church. In addition to teaching piano, Carly is a freelance writer. She and Joel have two children—Ella, who is seven, and Benjamin, who is three. | 3,799 | 1,831 | 0.000568 |
warc | 201704 | Post by Contributing Writer, Nada
Cranberries are a turkey’s best friend. Anytime a turkey is on the table, chances are, cranberries are right there beside it.
These bright red, shiny berries are a favorite dish stewed and blended into a sauce, and they’re fairly easy to prepare as well. There is a lot of potential in the simple cranberry.
“Why are Strawberries sweet and Cranberries sowre?” New England Missionary John Eliot in 1647 Cranberries are best when they are firm and plump, with a bright, deep red color. The deeper the color, the higher the antioxidant content. Watch for any signs of spoiling when choosing your cranberries. Avoid those with excessive moisture and squishy berries. And by the way, did you know that cranberries bounce when they’re ripe? That’s why they’re also called “bounceberries.”
Photo Credit: ButterflySha
Now, of course, there’s always good ol’ cranberry sauce. But let’s not forget cranberry juice, which is an excellent way of combating urinary tract infections. And there’s the delightful tradition of stringing cranberries on strings and putting them over your tree.
But my most recent favorite way of using cranberries is to boil them with spices in a delicious potporri. My mother gave me this as part of my Christmas gift this year, and I have been enjoying it all day.
Spicy Cranberry Potpourri
One whole Orange
1/4 cup Cranberries
1 tbsp whole Cloves
3 sticks Cinnamon
a bit of ground Nutmeg
Quarter the orange. Put all ingredients into a small saucepan. Cover with water.
Place on the stove on low (I set it at “4”) and let simmer until the scent fills the home. Refill with water as necessary. This will last about a week or so.
You now have a nice, natural fragrance for your home, and a festive, inviting atmosphere of hospitality! Enjoy!
Nada is a first-time mom to a delightful little girl and the wife to a wise and wonderful man. With a background in fitness and nutrition, she enjoys healthy cooking, green cleaning and especially writing, and has acquired a vast knowledge of interesting little facts… about everything! She aspires to be a Godly woman that her daughter is proud to call “Mom” and through her blog, miniMOMist, she discusses how attachment parenting, minimalism, simplicity and frugal living help in her everyday mission. | 2,403 | 1,288 | 0.000813 |
warc | 201704 | The overall goal of this research is to define the origins and the consequences of errors in information transfer from DNA to protein in the perpetuation and perturbation of genetic regulatory networks that generate stable phenotypes in cellular lineages of Escherichia coli, e.g. bistable switches. Bistability has been proposed as a mechanism for decision-making and memory in gene circuits, relying on positive feedback loops between transcription factors of low abundance. The central hypothesis of this proposal is that transient errors in the information transfer from DNA to protein contribute to protein fluctuation (molecular noise) and that these errors can cause heritable non-genetic phenotypic heterogeneity, when associated with bistable regulatory networks. Specifically, we propose that the transient disappearance of functional protein (in our case, a repressor that negatively regulates the expression of other genes) due to errors in transcription, translation, or protein folding can produce a heritable phenotypic change in genetically identical cells growing in the same environment. To capture and quantify transient events from such errors, two well characterized bistable systems will be used, the lactose operon and the lambda switch. In these systems, the stochastic switching from one phenotypic state to the alternative phenotypic state will be an indicator of molecular noise. This work will illuminate the fundamental cell/molecular biology of protein-based epigenetic switches, which are likely to be critical to many fundamental aspects of biology and medicine including cancer, aging, prion genesis, and pluripotency of stem cells.
To generate diversity, cells run specific programs orchestrated by specific protein regulators. Sometimes the making of these proteins is erroneous, leading to dysfunction of the program, and loss of cellular identity. Our study aims to understand the origin and consequence of these errors on these protein regulators.
Zhang, Yan; Mooney, Rachel A; Grass, Jeffrey A et al. (2014) DksA guards elongating RNA polymerase against ribosome-stalling-induced arrest. Mol Cell 53:766-78 Bednarz, Michael; Halliday, Jennifer A; Herman, Christophe et al. (2014) Revisiting bistability in the lysis/lysogeny circuit of bacteriophage lambda. PLoS One 9:e100876 Marciano, David C; Lua, Rhonald C; Katsonis, Panagiotis et al. (2014) Negative feedback in genetic circuits confers evolutionary resilience and capacitance. Cell Rep 7:1789-95 Gordon, Alasdair J E; Satory, Dominik; Halliday, Jennifer A et al. (2013) Heritable change caused by transient transcription errors. PLoS Genet 9:e1003595 Satory, Dominik; Halliday, Jennifer A; Sivaramakrishnan, Priya et al. (2013) Characterization of a novel RNA polymerase mutant that alters DksA activity. J Bacteriol 195:4187-94 | 2,828 | 1,414 | 0.000708 |
warc | 201704 | Our laboratories have a long-standing interest in immune tolerance in transplantation and autoimmunity, with a particular focus on regulatory T cells (Tregs). The primary population of Tregs in humans and mice is defined by expression of the X-linked transcription factor Foxp3. While these cells are required for normal immune homeostasis increasing data suggests that this lineage of cells may be unstable (e.g., as a result for example of inadequate IL-2, TCR and CD28 stimulation, or due to exposure to inflammatory cytokines), meaning that Tregs can revert/convert to effector T cells and thus contribute to loss of tolerance to self or to transplanted allografts. One of the key pathways controlling lymphocyte lineage specification and responsiveness is the phosphoinositide 3-kinase (PI3K) pathway, which can be activated via multiple surface receptors, including, most prominently, CD28 and the IL-2R. While this pathway is essential for conventional T cell responses, it may have limited, if any, function in Tregs. In fact, over activation of the PI3K pathway dramatically inhibits Treg development, while the STAT5 pathway, which is also activated through the IL-2R, strongly promotes Tregs. The primary regulator of PI3K activity in T cells is the lipid phosphatase PTEN (phosphatase and tensin homolog on chromosome 10). The goal of this proposal is to determine how PTEN in Tregs controls Treg homeostasis, the integration of PI3K and STAT5 signals, and whether drug targeting of the PI3K pathway can stabilize Tregs. To accomplish this, we created mice with PTEN deleted specifically in Tregs by breeding mice with a PTENfl/fl allele with Foxp3-YFP-Cre knock-in or BAC transgenic animals to generate PTEN-?Treg mice. Surprisingly, although these mice have elevated numbers of Tregs, a high proportion of those cells are CD25- and CD62Llo, and the animals develop a severe polyclonal lymphoproliferative disorder. This has led us to formulate the hypothesis that PTEN loss disrupts Treg homeostasis due to reduced cytokine receptor expression, altered migration and apparent loss of regulatory capacity. The goal of this grant is to determine how PTEN in Tregs controls Treg homeostasis, the integration of PI3K and STAT5 signals, and whether drug targeting of the PI3K pathway can stabilize Tregs. To do so, we have two aims.
In Aim #1, employing Treg fate mapping mice with Treg specific deletion of PTEN, we will examine the effects of loss of PTEN on natural and adaptive Treg stability and function, both under homeostatic conditions and in a model autoimmune disease. In Aim #2, we will dissect the signals downstream of CD25, PI3K and STAT5 to determine which are responsible for the Treg phenotypic and functional changes we have observed. Our studies will yield new insights into Treg signaling pathways and provide potential therapeutic strategies to enhance immune tolerance.
Cells known as T lymphocytes are critical components of the immune system which are required for the body to successfully defend itself against many types of infections. The research proposed will examine how a gene called PTEN, which is known to be involved in controlling cell growth and cancer, regulates the development and function of a specific type of T lymphocytes, known as a regulatory T cells. Regulatory T cells are important for controlling the rejection of organ and tissue transplants and for preventing autoimmune disease. This work will focus on how the PTEN gene controls the stability and function of regulatory T cells, and thus contributes to preventing transplant rejection and autoimmunity. | 3,619 | 1,661 | 0.000603 |
warc | 201704 | Most antidepressants have a delayed onset of therapeutic efficacy. Specifically SSRIs and tricyclic antidepressants often require several weeks of administration to reach full clinical efficacy. The two main hypotheses which have been proposed to explain this delay is 1: a progressive desensitization of autoreceptors such as the 5-HT1A and 5-HT1B autoreceptors which initially limit the increase in serotonin produced by most antidepressants, and 2: growth related changes that may take place downstream of the increases in monoamines elicited by these drugs. Among these growth-related events much of the focus has been on dendritic growth in the hippocampus and other limbic structures such as the amygdala and the prefrontal cortex, and on the generation of new neurons in the hippocampus, a phenomenon termed neurogenesis. We have developed in the previous funding period three animal models that respond to chronic but not acute antidepressants: the novelty-suppressed feeding, novelty-induced hypophagia and chronic unpredictable stress paradigms. In addition we have developed new genetic strategies to conditionally ablate 5-HT1A autoreceptors as well as young hippocampal neurons. In this competitive renewal we propose to take advantage of these behavioral and genetic tools to accomplish the following goals:
Aim 1 : We will test the hypothesis that mice lacking the 5-HT1A and/or the 5-HT1B autoreceptors will respond faster to antidepressants. Aim 2 : We will test the hypothesis that young hippocampal neurons are necessary for the behavioral effects of antidepressants. Aim 3 : We will attempt to identify the 5-HT receptors which are responsible for the effects of SSRIs on neurogenesis and behavior. Specifically, we will test the hypothesis that 5-HT1A receptors located on hippocampal progenitors are necessary for the effects of chronic fluoxetine on neurogenesis and possibly on behavior. This proposal may therefore provide ideas for the generation of novel antidepressants that would directly target neurogenesis or mimic the properties of young hippocampal neurons. Due to the anatomic specificity of neurogenesis, such agents might be expected to have fewer side effects, in addition to a faster onset of therapeutic efficacy.
Miller, Bradley R; Hen, René (2015) The current state of the neurogenic theory of depression and anxiety. Curr Opin Neurobiol 30:51-8 Wu, Melody V; Hen, René (2014) Functional dissociation of adult-born neurons along the dorsoventral axis of the dentate gyrus. Hippocampus 24:751-61 Mendez-David, Indira; David, Denis J; Darcet, Flavie et al. (2014) Rapid anxiolytic effects of a 5-HTýýý receptor agonist are mediated by a neurogenesis-independent mechanism. Neuropsychopharmacology 39:1366-78 Lovett-Barron, Matthew; Kaifosh, Patrick; Kheirbek, Mazen A et al. (2014) Dendritic inhibition in the hippocampus supports fear learning. Science 343:857-63 Donaldson, Zoe R; Piel, David A; Santos, Tabia L et al. (2014) Developmental effects of serotonin 1A autoreceptors on anxiety and social behavior. Neuropsychopharmacology 39:291-302 Denny, Christine A; Kheirbek, Mazen A; Alba, Eva L et al. (2014) Hippocampal memory traces are differentially modulated by experience, time, and adult neurogenesis. Neuron 83:189-201 Samuels, Benjamin A; Leonardo, E David; Dranovsky, Alex et al. (2014) Global state measures of the dentate gyrus gene expression system predict antidepressant-sensitive behaviors. PLoS One 9:e85136 Wu, Melody V; Shamy, Jul Lea; Bedi, Gillinder et al. (2014) Impact of social status and antidepressant treatment on neurogenesis in the baboon hippocampus. Neuropsychopharmacology 39:1861-71 Kheirbek, Mazen A; Hen, René (2014) Add neurons, subtract anxiety. Sci Am 311:62-7 Kheirbek, Mazen A; Drew, Liam J; Burghardt, Nesha S et al. (2013) Differential control of learning and anxiety along the dorsoventral axis of the dentate gyrus. Neuron 77:955-68
Showing the most recent 10 out of 18 publications | 4,004 | 1,851 | 0.000545 |
warc | 201704 | -By Randy Cooper
It’s not even officially winter yet but my thoughts are on what lies ahead in preparation for spring. Lime is the key to a great springtime food plot or vegetable garden. The trick is that it takes about 3 months to affect any change in the soils PH level. Lime needs to be broadcast now to have the soil ready for planting by Easter week. I’ve always used this as a landmark date to plant my garden by.
This year's Easter week, the ground was still frozen so hard that my tiller wouldn’t dig. I like using my Moultrie ATV Food Plot Spreader to spread the lime. It will handle about 50 lbs. of pelletized lime at a time. I use about a ton an acre. It doesn’t take a lot to make a ton. This product is heavy. Pelletized lime comes in 40 lb. bags, or you can hire a lime spreader truck. They usually are equipped with 4-wheel drive and can get into a lot of out of the way places. I rotate lime applications on the food plots. I spread lime on the plots that are geared to spring time planting now. The plots designed for fall and winter food will get lime in May and will be ready for planting by late August into September.
During the last month prior to planting, use a good general purpose fertilizer like 10-10-10. Spread the fertilizer, and till it and the lime in together. I like to till in the lime and fertilizer at least 3 times before planting. This gives me a good loose seed bed and mixes everything evenly. Now all you have to do is pray for rain to wash the lime into the ground and sweeten the soil. The result will be plants that both you and the wildlife will enjoy.
One other chore I like to take care of during the mid winter is to fertilize existing vegetation and mast bearing trees while the sap is down in them. The way I go about doing this is to once again get a general purpose 10-10-10 fertilizer and spread around the base of honeysuckle, greenbrier and low lying browse that I’ve noticed deer eating during the season before the leaves fell.
Mast bearing trees and other fruit trees like persimmon, crabapple, muscadines and honey locust require a different approach. On these applications I take a 5-gallon bucket full of fertilizer and go around the DRIP LINE of the tree. This is the distance away from the trunk of the tree that the limbs stick out. Just get under the tree and look up. Put the fertilizer out even with the limb tips that stick out furthest from the trunk in a circle around the entire tree. You never want to put the fertilizer against the trunk of the tree as it could burn it up and kill it. Over the winter and into spring, the rain will wash the fertilizer into the ground and into the root tips that will take it straight to the trunk. The result is that next fall, you’ll have a much healthier mast crop and the tanic acid content in the acorns will be low. This means that the trees fertilized will have the sweetest acorns in the area and that’s the ones whitetails will seek out.
Your treated trees will be getting the most attention of any oaks or fruit trees in the area. Managing for wildlife is a fulltime gig. There is always something that needs to be done now or in preparation for an upcoming season. It’s always fun and satisfying to see the fruits of your labor come back to you in the form of a better deer and turkey population on your property. I look forward to learning more and more each season. Do like I do and make a list of what you need to do to make your property a higher quality habitat. When you’re sitting over a food plot in late season that is full of deer you’ll be glad you went to the trouble. | 3,659 | 1,750 | 0.000581 |
warc | 201704 | Tuesday, May 31, 2011
Casting about for material this morning, I ran across two different articles on how the leftist media treat Republican and Democratic politicians differently. Nothing new there, but it struck me as odd for some reason to read John Hawkins ticking off "Six Things the Mainstream Media Would Say about Obama if He Were a Republican." (In the other piece, Ann Althouse merely comments on a conspicuously absent media feeding frenzy -- but in doing so, she did cause me to think again about the Hawkins piece.)
Most relevant to my point is the following, which comes from the opening of the Hawkins article: Conservatives spend most of their time correcting smears and trying to explain to the public what they really believe. Liberals, on the other hand, can count on the press to hide their unpopular beliefs and put the best spin possible on everything they do.Okay. Sure. Leftist media are in the tank for Obama and would trash him if he were a Republican. Why is this such a big deal just now? I can't help but wonder whether the weak field of GOP hopefuls is raising the defensive hackles of some in the GOP. To see why, let's question a couple of the implicit premises in that statement. In doing so, note that I am not suggesting we question whether the media are biased.
The first premise is that Republicans (a) have a substantially different message from the Democrats and (b) that this media smearing and focus on personalities is keeping said message from being heard. We can see that this premise is wrong on both counts by considering what some Republicans hold as a triumph of one of their own over the media: Then-RNC Chairman Haley Barbour's public wager against media "charges" the the Clinton-era Republicans in Congress were actually going to cut back a major entitlement program. To quote Barbour: "In November 1995, the U.S. House and Senate passed a balanced budget bill. It increases total federal spending on Medicare by more than 50 percent from 1995 to 2002."
The money to pay for such programs was coming (or would have to come) from somewhere. Whether the route was to be taxation or inflation and the time was to be then or later, the Republican message was loud and clear: "We favor redistribution of wealth, just like the Democrats." The only difference between Barbour and the Democrats is that Barbour probably made himself sound like he favored the government not bankrupting the country in the short term. Maybe sound fiscal policy is something Barbour and others in the GOP feel an attraction to, but it can't be founded on the premise that it's okay for the government to redistribute property.
If you don't believe me, ask yourself, "Sound? For whom?" How it is "sound" for any voter to be subject to the government taking his money? That's just the beginning of a long line of moral and economic questions we ought to be asking about entitlement programs, but aren't. This is, in part, because the GOP does not oppose them or take a principled stand for limited government, but it does blow lots of hot air about balanced budgets. Or at least, about budget "cuts."
The second premise is that such biased coverage is responsible for Republican difficulties at the ballot box. Perhaps if voters didn't actually care about important issues that have been properly framed, that might be the case, but history is replete with examples that show otherwise. One that comes to mind is the landslide victory of the corrupt Edwin Edwards in the 1991 Louisiana gubernatorial race against white supremacist David Duke, who ran as a Republican, but was, rightly, repudiated by his own party. In that campaign, there was a clear difference between the two candidates, neither of whom the public was particularly fond of. In a campaign in which people who otherwise wouldn't have been Edwards supporters rallied under the slogan, "Vote for the Crook. It's Important," Edwards won in a landslide.
While the above example is of a Democratic victory, the elections of Ronald Reagan, the 1994 Republican takeover of Congress, and the most recent congressional election all show that Republicans can win elections in which voters see a clear contrast (whether or not it actually exists) between Democrats and Republicans and understand (correctly or not) that it is in their interests to vote for the Republicans. The fact that none of these elections caused a turning of the tide in the growth of our government demonstrates that the GOP was not really a party of limited government or at least that too many of them doubted that voters really wanted limited government. See Haley Barbour, above.
If Republicans would stop aping Democrats all the time, they would be clearly different enough from the Democrats to win elections, especially at times when the consequences of big government policies are clearly in favor of proponents of limited government. Or they'd lose in elections where constituencies want handouts, and perhaps be in a better position to run later, after saying, "See. I warned about this." As a voter who regards politicians as generally spineless, I don't expect the second outcome to be very common. Instead, what will have to happen is for voters like myself, who see the dangers inherent in the welfare state, to keep up the pressure on such irresolute officials as John Boehner.
Part of that pressure should include turning a deaf ear to conservative whining about media bias. It's the public who cast votes, and the public can communicate its way around the media, if journalists want to continue making themselves irrelevant.
-- CAV | 5,631 | 2,705 | 0.000372 |
warc | 201704 | Project Outline
We are synthesizing novel ruthenium-modified adenosine triphosphate (ATP) analogues. These molecules are being designed so that they can be used by kinases to phosphorylate protein-substrates with a ruthenium-modified phosphate group. Additionally, the ruthenated-phosphate group must be inaccessible to phosphatases such that once the protein-substrate is irreversibly phosphorylated. We plan to use these molecules to study and disrupt intracellular communication with a specific focus on cancerous cells.(The image above shows that one of the ruthenium-modified ATP molecules will look like (left) as well as a rendering of a protein structure with a tyrosine that has been phosphorylated with our modified ATP (right))
(You can see what we’ve been doing by checking out our on-line notebooks.)
Background
Post-translational modifications (PTMs) are some of the most important means for activating protein functionality
in vivo. Of all of the different types of PTMs, protein phosphorylation is one of the most abundant processes and plays a major role in communication within and between cells. Phosphorylation occurs when a kinase transfers the terminal phosphate from ATP onto a protein substrate. This process is reversible in cells with protein phosphatases dephosphorylating the protein-substrate. Phosphorylation is generally used to activate or deactivate protein function and can even be utilized as a way to target proteins for degradation. Numerous diseases, including several types of cancer, have been noted for the observation that the regulatory machinery controlling phosphorylation breaks down. Goals
By creating ATP analogues we are attempting to provide a means of disrupting these processes within a cell. But, in order to do this, we need to design ATP analogues that:
1) bind kinases as well or better than ATP.
2) are not so bulky so that a kinase can transfer the ruthenated phosphate to a protein substrate. 3) are bulky enough so that a phosphatase cannot remove the ruthenated phosphate from the protein substrate. 4) Are stable enough that the ruthenated phosphate doesn’t isn’t hydrolized from the full ATP molecule in the reducing environment of the cell. Kinases and Phosphatases
Kinases are proteins that bind ATP along with a substrate-protein. The kinase transfers the terminal phosphate group from ATP onto either a serine, threonine, tyrosine, or histidine residue in that substrate-protein. The image on the left (pdb code 3PP1) shows an ATP molecule (green and organge) bound to a kinase (white with binding pocket highlighted in red). Notably, you can see the space where extra chemical bulk might be tolerated. And, there are several reports in the literature already of modified ATPs that will bind to a kinase and have their modified phosphate groups transferred to a protein-substrate.
Phosphatases are proteins that will bind phosphorylated proteins and remove the phosphate group. The image on the right (pdb code 1PTY) shows where a phosphorylated tyrosine (green and red) binds this particular phosphatase (white with binding pocket highlighted in blue). It is obvious from this picture that there is not a lot of room for extra bulk inside of the phosphatase binding pocket.
Synthetic Strategy
This same synthetic strategy has been used previously to add organic appendages to the terminal phosphate in ATP. And, similar methodology has been used to add ferrocene molecules to ATP as well. The chemistry described here is not very demanding and should be suitable for the excellent undergraduates here at American.
Synthetic Targets
The image above shows some of the targets we are making. On the left are shown the different ruthenium complexes we are working with. The complex on top is very luminescent and should be an excellent probe to enable visualization of phosphorylation events as they occur. The complexes on the bottom have shown therapeutic anticancer properties. We plan on studying if covalent attachment of these kinds of molecules to proteins in cancerous cells can increase their efficiency as drugs.
The different linkers (joining ATP with the ruthenium complex) we are using are shown on the right of this image. We will test different linker lengths in an attempt to find the optimal size for both kinase binding and enabling phosphate transfer. | 4,366 | 1,908 | 0.000528 |
warc | 201704 | Right Now | Wake-Up Crawls
Retinal Ennui If you “can’t see the forest for the trees,” you’ve focused too much on the details to take in the larger situation; your priorities may be confused, but usually this won’t threaten your survival. If you can’t see the tiger for the trees, you have a problem of a rather different sort.
Recent research by Tarr professor of molecular and cellular biology Markus Meister suggests that the eye’s retina in animals as diverse as rabbits and salamanders focuses on “difference” as we scan the landscape. The retina de-emphasizes recurring features, like the relatively static and non-threatening trees, while keying in on the mobile and potentially lethal tiger. In a recent issue of
Nature, Meister and coauthors Toshihiko Hosoya of the RIKEN Brain Science Institute in Japan and Stephen A. Bacchus of Stanford University report that, rather than simply relaying an exact representation of visual reality to the brain, the retina may engage in “predictive coding,” accenting important features in the field of vision.
The researchers used pieces of retina taken from New Zealand white rabbits and larval tiger salamanders. (According to Meister, the retina remains neurologically functional for anywhere from eight to 24 hours after removal from the eye.) The tissue samples were placed, with their ganglion-cell sides down, on an array of 61 electrodes. “Visual stimuli,” the authors write, “were generated on a computer monitor and projected through an objective lens onto a 3.25-mm. diameter aperture of the retina.”
“Reading” the reaction of the nerve cells via the electrodes, the researchers observed attention “spikes” when they varied the visual stimuli. In effect, the retinal cells themselves became inured to exposure to a consistent pattern and “perked up” when exposed to something new and different. In an environment such as a forest, where vertical lines predominate, the retina tends to respond more strongly to horizontal elements than vertical ones paying attention to novelty.
If you were to stare at a checkerboard floor-tile pattern for a few minutes, until your vision blurred a little and you lost focus, you might think “you” were getting bored with the pattern. Meister’s research suggests that the process is both more local and more specific not even, really, a matter of your brain or the larger nervous system. The loss of focus amounts to a kind of preprocessing on the part of the retina.
Meister has been working on vision-related research for more than 15 years. Vision shows remarkable parallels not only across taxonomic classes, such as mammals and amphibians, he says; there are even features that seem to be common to all vertebrates. “Each visual system [the eye, the optic nerve, the connections to the brain],” he explains, “has evolved to solve the particular tasks required by its owner. But as regards the retina, it is actually remarkably similar in all these animals. The same basic types of neurons, the same three-layer structure, the same kinds of connections, and generally the same principles of processing.
“Here is why I think that’s the case,” he continues. “The retina is essentially the interface between the animal and images from the natural world. It must convert an optical image into neural signals, adjust the gain [increase in signal power expressed as a ratio of output to input] to deal with different conditions of illumination, and then somehow compress the information so it can be transmitted to the brain. All these tasks are pretty much driven by visual images from the natural world, and those are the same whether you’re a monkey or a rabbit.” Though the researchers have not done experiments on a human retina, “You can see effects in human vision that look like this,” Meister says. “They go under the rubric of ‘pattern adaptation.’”
~
Donald N.S. Unger | 4,074 | 2,005 | 0.000525 |
warc | 201704 | John Harvard's Journal
Animal Research Reforms
During the past half-century, experiments at Harvard Medical School’s (HMS) New England Primate Research Center (NEPRC) have yielded a long list of scientific accomplishments, including insights into addiction, HIV, and neurodegenerative disease. But recently, attention has shifted from breakthroughs in biomedical research and focused instead on lapses in the care of NEPRC’s more than 2,000 monkeys. In June 2010, a cotton-top tamarin was found dead in a cage that had just been cleaned. A necropsy revealed that the monkey had died of natural causes before the cage went through a sanitizing, high-temperature wash, but staff members had failed to notice the animal.
That incident, a direct violation of federal animal-welfare regulations, spurred a stern warning letter and the threat of possible fines if problems continued. When a Harvard-initiated comprehensive review exposed troubling gaps in basic procedures and supervision last summer, key leadership at the center was replaced, new research was temporarily suspended, and more rigorous checks and balances began to be implemented. University officials acknowledged that NEPRC had veered off course, but stated that the problems were being addressed and corrected. But three more monkeys have died since—drawing the scrutiny of regulators, the ire of animal activists, and unprecedented steps by senior HMS leadership to more fully explain the problems and the steps being taken to address them in order to ensure the safety of the animals and regain public trust.
“The events that have taken place represent totally unacceptable events in the context of our research activities. They are unacceptable; they are regrettable.…They are going to be fixed,” HMS dean Jeffrey S. Flier said in an interview with
The Boston Globe in February, shortly after his return from an hours-long visit to the center triggered by the most recent incident: an elderly cotton-top tamarin, found in poor condition in a cage that was lacking a water bottle, had to be euthanized. (Harvard officials took the unusual step of disclosing the incident right away, even before a U.S. Department of Agriculture [USDA] inspector had visited the facility, and a worker involved in the monkey’s care was put on administrative leave.) “My sense is, whatever the procedures are that we put in place, they weren’t good enough to prevent this event,” Flier added. “So we are going even further with our procedures, to have an attempt to be more fail-safe.”
The problems at NEPRC and some of the corrective and disciplinary actions taken to right them have emerged piecemeal, but the first hints of systemic issues emerged through the probe Harvard initiated after the cage-washing incident. That review revealed a series of troubling gaps and breaks in the basic procedures and supervision that govern animal research. Some procedures were being conducted on animals without the necessary approval of an institutional committee. There was a pattern of incomplete medical records—including the absence of tuberculosis tests that are critical to maintaining the health of the colony. The two other fatalities also suggested possible training or procedural problems: last October, a common marmoset that escaped while being transferred for an imaging procedure was caught with a net and underwent imaging, but was later found dead; the day after Christmas, two squirrel monkeys were discovered severely dehydrated—staff members had not noticed a malfunctioning automatic watering system—and one had to be euthanized.
The incidents have sparked a federal investigation that includes the February 2011 death of a monkey (from an overdose of anesthesia) at another HMS primate-research facility, in Boston. “They’ve had a tough stretch, and it’s certainly something that’s gotten our attention, and we look forward to them correcting the situation,” David Sacks, a USDA spokesman, told the
Globe. The department takes the unnecessary death of any animal seriously, he said. Since June 2010, federal inspectors have flagged seven instances at NEPRC of violations directly endangering animals’ health or safety, compared to 25 such “direct” noncompliance incidents at research facilities nationwide in fiscal year 2011, according to Sacks. The most recent USDA finding, from a March inspection, concerned the February monkey death‚ attributed to employee failure to provide a water bottle.
Animal activists reacted to the incidents with anger and dismay, calling on the USDA to levy large fines, and asking the National Institutes of Health (NIH) to investigate whether federal grant money was used in support of research that violated federal animal-welfare regulations. They also questioned whether the relatively simple problems that contributed to some of the incidents revealed shortcomings in procedures, training, and staff. “Even someone who is not well trained in veterinary care of animals…at the least, they should be making sure there’s a water bottle on the cage,” said Justin Goodman, associate director of the laboratory investigations department at People for the Ethical Treatment of Animals.
The concern over the situation at the primate center rapidly became a priority at the highest levels of Harvard. Flier intervened directly in the situation, and President Drew Faust said in a statement released in March that she was requesting regular progress reports: “This situation is unacceptable. When I was notified of developments at the primate center over the summer, I found them troubling and fully supported a thorough review of procedures and implementation of reforms.” After the most recent monkey death, she said, she requested weekly reports “specifying ongoing assessment of the sources of difficulties, proposed solutions, and timetables for plans of action.”
Animal research is extremely sensitive; institutions are typically secretive about operations at primate centers, largely from fear of retaliation by extremist animal-rights activists: elsewhere, researchers and facilities have been threatened or bombed. But the secrecy that shrouds the research also tends to fuel animal activists’ suspicions, perhaps even bolstering their arguments that such research, even when it is ethically conducted and overseen, should not be done. “Each and every death is unacceptable. We should be doing all that we can to avoid these cases,” said Kathleen Conlee, senior director for animal research issues at the Humane Society of the United States. “I think what gets lost in the shuffle, to some degree, is the deaths of animals due to research, not just accidents.”
But proponents argue that primate research is necessary—although it should always be held to the highest standards. They point to the checks and balances used to ensure that research is undertaken responsibly, and that each experiment is evaluated not only on its scientific merits but also on criteria such as whether the research uses the right species and the fewest possible number of animals, and is designed to cause the least amount of suffering. For certain scientific questions, such as developing a vaccine to prevent HIV or trying to solve major problems in neurodegenerative disease, other animal models are a poor approximation of a human being. Primates are “only used when lower animals won’t work, and they’re used in some research that’s been extraordinarily important to human health,” said Deborah Runkle, senior program associate for the American Association for the Advancement of Science.
In the weeks since the February death, NEPRC’s interim director, professor of medicine Frederick Wang, resigned after a six-month tenure, even though Faust and Flier credited his leadership for beginning to steer the center in the right direction. William W. Chin, HMS’s executive dean for research, is temporarily overseeing the center during the search for a successor. Harvard has made efforts to increase transparency: two new interim leaders gave the
Globe a tour of the center, demonstrating firsthand some of the new procedures intended to increase the accountability and oversight of animal care, including afternoon checks of water availability. More supervisors and staff are being hired. And a seven-member, blue-ribbon panel of experts, including leaders of other primate centers and veterinary specialists, has been created to review the operations, logistics, and staffing at the center.
In a lengthy interview with the
Globe in mid February, Chin said that incidents would be prevented by better systems and procedures. “Humans do make errors,” he pointed out. “Systems are built so you remove the human element of it, so you are less error-prone. I believe that it just takes time for all these things to take hold.” | 9,065 | 4,135 | 0.000249 |
warc | 201704 | “Eureka Forbes (has come in) as a strategic investor who is helping us build a differentiated healthtech story by enabling us to leverage the brand and the wide distribution reach of Eureka Forbes field force. This collaboration will bring forth new business models for start-ups to explore,” said Gururaj Potnis, founder of Idea Bubbles.
In addition to being an investor, Eureka Forbes will also contribute to the start-up in the form of operational and strategic guidance. It will work with Idea Bubbles across their sales, distribution, operations and brand building functions.
Through its newly launched platform ‘Eureka Forbes Good Health’ (EFGH), Idea Bubbles enables doctors to offer tele-consultation services underpinned with several offerings such as digitized medical records for patients.
Idea Bubbles has over 12,000 patients and 600 doctors on its roster and has completed 1,000 transactions so far.
According to a KPMG-FICCI report the Indian healthcare market will reach $280 billion by 2020 while growing at a CAGR of 16 percent. With a population that is poised to overtake China by 2028 technology will be a key enabler in providing accessible medical care to the next billion.
Eureka Forbes, which claims over 10 million customers including 1.62 lac doctors, sees a huge potential in the healthcare enablement sector especially with India’s low doctor-patient ratio. “Through our unique partnership with Idea Bubbles, which we will build on national scale,” said Dr. Raman Venkatesh, CEO of Technology and Corporate Development, Eureka Forbes.
“Healthcare infra is at a low level and due to that models like (Idea Bubbles) will flourish. You will see more of these deals,” said Vikram Gupta, Founder & Managing Partner, IvyCap Ventures. | 1,809 | 966 | 0.001066 |
warc | 201704 | Insulin and lipoprotein lipase work together in your body to use extra calories from carbohydrates in your diet to make and store fats. Insulin is a pancreatic hormone that is commonly known to regulate your blood sugar level, but it also regulates the production of fats from carbohydrates. Insulin can increase fat production in your liver, as well as your blood triglyceride and cholesterol levels. Lipoprotein lipase then provides essential assistance for the transfer of triglycerides from the lipoproteins in your blood to your fatty tissues, heart and muscles.
Blood Sugar
Starches and sugars are broken down in your small intestine mainly to the simple sugars glucose and fructose, which are absorbed into your blood. Your pancreas monitors the glucose level in your blood, and when it senses an increase in your blood glucose level from the foods that you eat, your pancreas will secrete insulin into your blood. Insulin then interacts with your tissues, especially your heart, muscles and fatty tissues to induce them to take up the sugars from your blood.
Fat Production
Some of the sugar acquired by your tissues from your diet can be stored as a type of starch called glycogen. However, if your glycogen stores are full, and your cells have enough energy, insulin will put into motion the processes of fat production from extra glucose and fructose. Especially in your liver, insulin stimulates a metabolic process called lipogenesis, which means lipid, or fat, generation, or production. Essentially, some energy is extracted from the sugars as they are broken down to a molecule called acetyl coenzyme A, which is then converted to triglycerides and cholesterol.
Fat Processing
The fats made in your liver from extra carbohydrates in your diet are packaged into blood transporters called very low-density lipoproteins, or VLDL, which are shipped into your blood. The fats circulating with VLDLs are removed mainly by your heart, muscles and fatty tissues. Your heart can get up to 70 percent of its energy from triglycerides, and your muscles use triglycerides for energy once you are well into a good workout. However, your body may tend to store most of the extra calories from carbohydrates in your diet in the fatty tissues around your middle, which may become noticeable as belly fat.
Lipoprotein Lipase
Lipoprotein lipase is an enzyme that is important for the transfer of triglycerides from your blood lipoproteins into your tissues. Insulin stimulates lipoprotein lipase production, especially in your fatty tissues. The enzyme then adheres to the inside of tiny blood vessels in your tissues called capillaries. Lipoprotein lipase can bind with your blood lipoproteins, including VLDL from your liver and chylomicrons from your small intestine, after a meal. Lipoprotein lipase breaks down the triglycerides in the lipoproteins to smaller fatty acids and monoglycerides that are transported into your tissues and either burned for fuel or re-assembled into triglycerides for storage.
Medical News Today: Discovery of Insulin Endocrinology – An Integrated Approach; Stephen Nussey and Saffron Whitehead The Medical Biochemistry Page: Glycolysis – Regulating Blood Glucose The Medical Biochemistry Page: Fatty Acid, Triglyceride, Phospholipid Synthesis and Metabolism EMBO Reports: Mechanisms of Nutritional and Hormonal Regulation of Lipogenesis Obesity: Metabolic Syndrome – Focus on Dyslipidemia The American Journal of Clinical Nutrition: Fructose Overconsumption Causes Dyslipidemia and Ectopic Lipid Deposition in Healthy Subjects With and Without a Family History of Type 2 Diabetes The Journal of Clinical Investigation: Consuming Fructose-Sweetened, Not Glucose-Sweetened, Beverages Increases Visceral Adiposity and Lipids and Decreases Insulin Sensitivity in Overweight/Obese Humans Journal of Molecular Medicine: Lipoprotein Lipase – Structure, Function, Regulation, and Role in Disease American Journal of Physiology. Endocrinology and Metabolism: Lipoprotein Lipase – From Gene to Obesity Photo Credits candy calories image by Brett Mulcahy from Fotolia.com | 4,128 | 1,793 | 0.000563 |
warc | 201704 | Christianity in America seems to be in a constant state of decline rather than a constant state of repentance. One sign of this decline is the way in which celebrity rather than Scripture seems to have become the lens through which certain pastors are evaluated. This type of bias undermines the witness of the Church to nonbelievers. One recent example is when well-known pastor Mark Driscoll posted a flippant comment on Facebook which gathered over 600 comments in response. Offended blogger Rachel Held Evans responded and the flame Driscoll lit spread across the online Christian community. (Note: Driscoll has replied with the admission of some type of wrong doing to which Evans responded graciously.)
In response to Evans, Dr. Anthony Bradley wrote “Libel is not love” of which this article is a reply offering a different perspective. Regardless of whether or not Evans was correct in her character assessment of Driscoll by calling him a bully, a pastor’s character should reflect that which Scripture sets out in 1 Timothy 3. Verse 7 of this passage states, “Moreover, he must be well thought of by outsiders, so that he may not fall into disgrace, into a snare of the devil” (ESV).
Interestingly enough, Bradley states, “Granted, the pastor, Seattle’s Mark Driscoll, seems to draw controversy like a magnet…” Is drawing controversy like a magnet a portrayal of what a pastor’s character should be a noted in 1 Timothy 7? From where I sit the answer is no.
Bradley continues by explaining that the reason why Driscoll draws controversy is because he speaks against societal norms such as feminism from a strong theologically conservative, complementarian perspective. While Bradley may be mostly correct about why Driscoll draws controversy, it seems that the issue in question does not stem from Driscoll’s stance on feminism et al, but in the way he expressed his position. I write this as one who mostly agrees with Driscoll’s conservative positions and disagrees with Evans liberal perspective. I would also retort that I’m willing to take the these made-up man card tests at anytime, but I don’t have to talk about it in a way that belittles others since my life and abilities speak for themselves.
Bradley also expressed that his purpose is not to defend Driscoll and that he would “personally challenge him over what he wrote.” And my observation is, but he didn’t challenge him. Bradley’s focus in his article is on how Christians, with Evans as the example, handle conflict with each other in public. I agree that how public conflict is handled is a thorn in the side of the Church. A question may also be asked about how to deal with pastors, celebrity or not, who publicly start conflict.
The stirring comment Driscoll made on Facebook was, “So what story do you have about the most effeminate anatomically male worship leader you’ve ever personally witnessed?” Is this type of popping off at the keyboard pastoral? I would answer that it is not.
So is the proper response to comments like Driscoll’s to approach him via Matthew 18? Bradley thinks so, but I disagree. For example, in Galatians 2 Paul publicly opposed Peter. Also, Matthew 18 is dealing with and individuals who sin directly against another. Even so, Bradley mentions in the comment section of his article that he did go directly Evans in a blog comment and that she has his contact information via Facebook. Well, Bradley’s actions in this case violate Matthew 18. Matthew 18:15-20 states that first the offended party approaches the person individually, then bring others along if they don’t listen; and finally take it before the church if need be. Bradley seemed to skip the last two steps.
Even if Matthew 18 applied in the case of Driscoll, how would it be carried out? Is he personally approachable and easy to contact privately? Can one then take other witnesses along to confront him if he does not listen? And finally, can one take the issue before all of Mars Hill Church to plead the case? I may be wrong, but I wouldn’t hold my breath.
There is a unique situation in Christendom today with social media which can reach millions of people in a matter of seconds. There is a sense in which there is no biblical recourse other than to oppose someone publicly as Paul did Peter. When a pastor opens the world to his pulpit via iTunes, Facebook, twitter, blogs, conferences, etc. then he has a level of responsibility to the public. Ordinary pastors sometimes must deal with digital celebrity pastors because their pulpit reach is so large. Biblically speaking, should those with such large pulpits have the freedom to say whatever they want however they want?
The book of James in chapter 3 explains how deadly the tongue is and even cautions teachers about their words James even tells would-be teachers that maybe they ought not teach. If a person cannot control their tongue, or in this case their keyboard, maybe they should re-evaluate whether or not they should be using various social media to “teach”.
Teaching and leading others is more than an intellectual activity for someone who is good at practically applying knowledge. God’s standards tell us that the character of a leader is of the utmost importance in order to qualify as such (1 Timothy 3, Titus 1). The character of Christians in general is important even in tough situations (2 Corinthians 6:3-10). And Christians in turn are supposed to emulate the life of Christian leaders (1 Peter 5:1, Philippians 3:17).
This article is not a call for Driscoll to step down or imply that he is unfit for Christian leadership though others may disagree. Rather, to the distaste of some of my friends, I like Driscoll. I am on his side of the theological fence which is why what he says bothers me more than a reply someone, such as Evans for example, may offer.
Sin prevents Christians from being free from conflict and from mishandling conflict both in public and in private. Christians can do a better job in at least two related areas. Inside the church we can do better at loving one another as Jesus loves us (John 15:12). And Christians can answer those outside the church more graciously while praying that God will grant them repentance that they might believe the gospel (2 timothy 2:25).Tags: | 6,412 | 2,952 | 0.000347 |
warc | 201704 | You Should Meet Your Neighbors After A Move
How many of us find it hard to begin a social interaction with someone, whom you’ve never met? I bet many do. Considering many people find it hard to approach people for a simple question, it should come as no surprise that in today’s world it is hard to develop relationships with new people out of your own volition. An interesting study says that nowadays people do not usually have friends, which they’ve met post their teenage years or college respectively. Although it sounds a bit farfetched at first, thinking about it actually makes sense. Your coworkers usually are just that, and rarely become friends, who you can trust. Even if you take up some hobbies in hope of breaking your daily routine and meeting new people, it still rarely ends in a friendship for a lifetime.
The things are even more serious with neighbors. Many people don’t like their neighbors, and even if they do, they do not develop strong relationships, but rather keep going for the small talk when an interaction is necessary. But consider this – won’t it be great, if you actually had people, with whom you can have fun regularly, or a nice chat, or a more serious, deep conversation, and they live in the apartment next to yours, or the house across the street? I believe that you can see why this is such an enticing idea.
Sure, many people at this point would argue that you don’t necessarily choose their neighbors. And by this, they mean that the neighbors can be all sorts of crazy weirdoes, cat ladies, drunks, gossipers and so on. I think we just enjoy being pessimistic about relations with other people, because it is a reason to not interact with them or to at least keep it to a minimum. But hey, you would be surprise how wrong people can be about such a state of mind.
Think for a second about yourself. You have a life, full of intricately related events, which make it interesting and maybe difficult, although you may think it’s boring. Everybody has a story and everybody has a complex life, believe it or not. A certain individual may seem boring to you, or you just don’t want to deal with them, because of first-look prejudice (don’t deny it, it happens, psychology has proven it). But we are a social species, mutual interaction is a thing, which should be common. But in today’s world it isn’t.
Last year I had to move to a new place in Chicago. You know the drill – look for a moving company, set a date for the move, etc. Everything went smoothly and I started the new chapter of my life in the new place. And I did not meet any of my new neighbors. It is a big city, people have their jobs and lives, and don’t usually stop for a chat. I had the habit of just passing by my neighbors, rarely saying even “hello”. I mean, why should I greet someone, in whom I am not interested and who isn’t interested in me. Most of them are probably a bunch of crazy people, like this guy, who always wears his leather jacket. Chicago isn’t that warm of a city, but come on, even in the summer? And that other guy, who always raises his hand to greet me I guess and tries to mumble something, but rarely anything comes out of his mouth.
Well, a funny thing happened. Some of my neighbors were having a party onе night, and although they were not that noisy, I was a bit irritated by something and went to tell them to keep it down. And I am a 28-year-old guy, who has to tell people older than me to keep it down. Such a thought is funny, even now. So I went there and told them to just turn it down a notch and as the door closed behind me I heard “Don’t worry, he’s a bit weird.” And then it dawned on me. In their eyes I was the weird one. They guy who never greets anybody in the building. So I just decided to change my perspective a bit.
I started greeting people, smiling and waving. Many things changed. The guy who always tried to greet me, actually hadn’t been mumbling, but just didn’t want to seem intrusive and stopped mid-greet. Then people started inviting me for a cup of coffee and I found that many of my neighbors are pretty interesting and fun people. By not stretch of the imagination do I like everybody, but there are quite a few, with whom I can see myself being friends.
So just approach people, it won’t cost you much. Even if you don’t turn out to like them or be interested in them, it is at least nice to have people, who can help you if there’s ever the need. And you can actually find that you enjoy other people’s company. And like me you can find out that people who seem weird at first, are actually not so. Except for that guy with the leather jacket, I still don’t know what his deal is. | 4,821 | 2,219 | 0.000466 |
warc | 201704 | July Newsletter
Farm Assurer Program: Your Way to Help
Farmers Achieve Certification
Upcoming Events
GLOBALG.A.P. and NCSI Americas' Version 4 Fruit and Vegetables Workshop
Ft. Pierce, FL July 25-26
We will review the regulations, documentation, and audit checklist of the Version 4 standard to help you fully understand the GLOBALG.A.P. certification process for Fruit and Vegetables. See our GLOBALG.A.P. North America Training webpage to reserve your seat today!
GLOBALG.A.P. TOUR 2011
Atlanta, GA Oct. 17-18 GLOBALG.A.P. will be on TOUR right after PMA’s Fresh Summit to meet with stakeholders throughout the supply chain and discuss our latest tools, developments, and advances for the North American market. For more information, please see our TOUR website.
Fruit and Vegetables Workshop
Atlanta, GA Oct. 19-20 Attending PMA's Fresh Summit? Add a few more days on to your trip to take part in GLOBALG.AP. training! See our Workshop page for more information.
Aquaculture Workshop
Atlanta, GA Oct. 19-20 Want to learn more about our Version 4 standard? Attend our Aquaculture Workshop to see how Version 4 is implemented and audited. Sign up here!
4800 Hampden Lane
Suite 200
Bethesda, MD 20814
United States
Phone: (240) 482-4852
In this Issue: Produce Research Symposium Highlights,
Farm Assurer Program, EHEC Outbreak Updates
Dear Colleague,
Recent events, including high profile EHEC outbreaks and governmental food safety resolutions, have brought much attention to food concerns. We would like to share with you some important information regarding these issues, and invite you to share your thoughts with us as well.
Produce: I recently attended the Center for Produce Safety 2011 Produce Research Symposium in Florida with two GLOBALG.A.P. North America board members, Jorge Hernandez of U.S. Foodservice and Richard Yudin of Fyffes. The Symposium focused on new cultivation and processing practices, maintaining irrigation and washing water quality, and other key produce safety practices. One particularly interesting research presentation provided support for GLOBALG.A.P.'s policy of establishing regionally adapted Good Agricultural Practice guidelines for fresh produce. The research indicated that when defining risk assessment for produce, one must take into consideration the varied populations of microorganisms based on regional factors, such as soil type and climate conditions.
Livestock: The European Parliament recently adopted a resolution on the use of antibiotics in livestock. The Parliament citation states: “The ultimate objective is to maintain antimicrobials as an effective tool to combat disease, both in animal and in humans, while keeping the use of antimicrobials to the strictly necessary.” There are many ongoing activities in Europe which foster the responsible use of antibiotics. For example, please see the Yellow Card system in use in Denmark.
Aquaculture: In June, The House of Representatives voted to prohibit the Food and Drug Administration from approving genetically modified salmon for human consumption. FDA experts have found the fish safe to eat, but the agency has not yet issued a full environmental assessment of what risks the engineered salmon could pose to the environment. Even if the FDA approves genetically modified salmon for human consumption, it will not be possible to certify a farm under the GLOBALG.A.P. framework. Please see Aquaculture Module AB 2.2.2 in our Control Points and Compliance Criteria to learn more.
Our newsletter is a great way for our members to publicize their events. If you have any events which would be of interest to other GLOBALG.A.P. North America members, please let us know.
Best regards,
Kristian Moeller
President, GLOBALG.A.P. North America
Farm Assurer Program
We are excited to introduce the Farm Assurer Program, a
voluntary program whereby stakeholders can offer tactical and logistical help to farmers wanting to achieve farm certification. Farm Assurers train farmers to meet certification levels and assist them with access to markets that would otherwise be difficult to obtain. Farm Assurers do not, however, conduct physical certifications or issue certificates.
Through the Farm Assurer Program, stakeholder organizations can advance the depth, quality, and assurance of producer farm certification. Stakeholders involved with the Farm Assurer Program can also become more effective advisers in the farming community and form networks with other Farm Assurers in order to improve overall certification capacity.
To become a Farm Assurer or to learn more about the program, please contact us.
EHEC Outbreak Updates The World Health Organization reported that approximately 3,255 people have fallen ill in Europe, the United States, and Canada from the EHEC outbreak. Germany’s national disease agency, the Robert Koch Institute (RKI), recently reported that the death toll had reached 35 people.
Many producers have been badly hit by the outbreak, particularly Spanish cucumber producers who were initially blamed for the EHEC spread. The European Commission has offered 210 million euros ($303 million) to help those farmers affected by the outbreak.
Chief Global Quality Officer of ConAgra Foods, Joan Menke-Schaenzer, a GLOBALG.A.P. member, wrote the following about our response to the EHEC outbreak:
“Hats off to GLOBALG.A.P.! We applaud the leadership position GLOBALG.A.P. took in the temporary suspension of their certificates to sprout growers. The unfortunate and tragic outbreak in Germany highlighted that the current food safety systems and practices in sprout production (from seed to table) may not be adequate. A clear message was sent by GLOBALG.A.P. that the science and practices around growing sprouts needed to be revisited. The call out for updated risk assessments along with new Critical Control areas is the right thing to do.”
The Food Safety Modernization Act has new guidelines in place to ensure that imported foods meet US standards and are safe for US consumers. The FDA has a docket open for public comment until August 3, 2011 regarding imported food guidelines. If you would like to have a role in federal decision making, please click here.
Related North American News: There was a multistate outbreak of Salmonella in the U.S. in June. Epidemiological investigations by local, state and federal public health agencies linked the outbreak to sprouts grown by Evergreen Produce in Moyie, Idaho. While the grower refused to recall its sprouts, the FDA and Centers for Disease Control and Prevention both issued consumer advisories warning people not to eat the company’s sprouts. | 6,705 | 3,158 | 0.00032 |
warc | 201704 | Synopsis
A cutting-edge examination of the mysterious world of autoimmune disease—and the new discoveries made daily that may save women's lives
Autoimmune diseases—including chronic fatigue syndrome, vasculitis, juvenile diabetes, alopecia, Graves' disease, Sjogren's syndrome, lupus, rheumatoid arthritis, and multiple sclerosis—are among the most devastating conditions afflicting women today and the most resistant to diagnosis and treatment. In all of them, the body's immune system begins to attack healthy and normally functioning cells. And one of the biggest puzzles is why 80 percent of autoimmune disease sufferers are women. In this groundbreaking book, world-class immunologist Dr. Robert Lahita brings years of intensive research, patient care, and diagnostics to shed light on the mysteries of these conditions, with a particular focus on how they affect—and how he treats—women.
Through case studies, he reveals the early warning signs, symptoms, diagnostic processes, and the most innovative treatments for all the most common—and many of the less well known—autoimmune diseases. He offers a scientifically sound and sensitive work that is the best resource available to help understand these perplexing and debilitating diseases.
About Robert G. LahitaSee more books from this Author
Lahita, a doctor who wrote the textbook on autoimmune disease for medical professionals, as well as a layperson's book on rheumatoid arthritis , concentrates here on how autoimmune diseases afflict women, who make up 75% of cases nationwide.| Read Full Review of Women and Autoimmune Disease:...
An aggregated and normalized score based on 21 user ratings from iDreamBooks & iTunes | 1,726 | 924 | 0.00111 |
warc | 201704 | Appeal from the District Court of the United States for the Eastern District of Wisconsin; F. Ryan Duffy, Judge.
Before EVANS, KERNER, and MINTON, Circuit Judges.
John Henry Marx, bankrupt, appeals from an order denying him a discharge in bankruptcy. The single question is whether the bankrupt kept sufficient records to merit the privilege of discharge under § 14, sub. c(2), of the Bankruptcy Act.
*fn1
On May 10, 1940, Marx filed a voluntary petition in bankruptcy and on the same day the court entered the adjudication. Appellees, the trustees of the segregated trust of Park Savings Bank of Milwaukee, Wisconsin, duly made specification of four objections to the bankrupt's discharge. Hearings thereon were had before the Referee, who disallowed three of the four objections and denied the discharge for the remaining objection - the failure to keep books of account or record, from which his financial condition and business transactions might be ascertained. The District Court affirmed this decision and order of the Referee.
Marx was a real estate broker. He sold properties on the commission basis, and bought and sold property in his own interest and collected rents. The depression hurt his business and by 1935 he "was practically hopelessly broke" and creditors were beginning to "dog" him for the large amounts he owed. Starting in 1936 he bought and sold property in the name of his daughter, Marie C. Marx, and to protect against garnishment, he began to take bank accounts in her name per John H. Marx, trustee, or some similar designation. Marie had interest neither in the accounts nor, apparently, in the property bought and sold in her name. Marx paid no regard to the source of the monies, whether they were from commissions, rents, or sales; he deposited them all together in the same account and actively drew upon the account for every purpose.
Marx kept no cash book, no day book, and no ledger. The bank and check books which he had were at variance with the bank's statements and Marx could not reconcile the differences. Some bills and receipts, and cancelled checks, he kept in card board filings. He produced an incomplete record of property listings with the name of the owner and commission paid, but the bankrupt admitted he did not sell all of them because some of them had "flunked." He filed income tax returns for several years, but kept no copies, and the returns for three of these years had disappeared from the assessor's office and could not be found. These are the bankrupt's books of account or records from which his financial condition and business transactions are to be ascertained. The bankrupt admitted he could not show from the records how much money he took in or paid out.
What books of accounts or records satisfy the requirement of § 14, sub. c(2), are, of course, not a constant: In each case they are a function of the nature of the particular bankrupt's business transactions and financial condition. What would suffice in one, would be hopelessly unsatisfactory in another. Yet, the absence of articulated mechanics does not leave a broad area of uncertainty in which all must wander with no idea of whether they would be entitled to a discharge if economic misfortune should overtake them. Records or books of accounts are but means to an end, the ascertainment of the bankrupt's financial condition and his business transactions, and any records which meet that end are satisfactory. They should show in some way his loss and gains, and present a satisfactory explanation of the receipts and disbursements.This condition precedent to discharge strikes at otherwise nondemonstrable fraud, for no longer does the successful objecting creditor have to prove the absence or inadequacy of the records was with intent to conceal: the bankrupt must now really have the necessary records or explain why the circumstances of his case excuse his failure.
*fn2 By no longer requiring proof of such intent, the statute has narrowed the bankrupt's road to the salutary discharge. White v. Schoenfeld, 2 Cir., 117 F.2d 131, 132. Now, whenever a § 14, sub. c(2), objection to the discharge is raised, the bankrupt's records must be adequate, unless excused by circumstances, or the discharge will be denied. With this considerable penalty upon inadequate books or records, perhaps the adequacy of the records kept will increase and thereby at least help remove whatever causal relation exists between inadequate bookkeeping and bankruptcy. *fn3
The statute lodges in the bankruptcy court a reasonably wide judicial discretion in determining whether the failure to keep books of account or records was justified under all the circumstances of the case, and the determination of that question will not be disturbed on appeal except in case of abuse of such discretion. Rosenberg v. Bloom, 9 Cir., 99 F.2d 249 and Nix v. Sternberg, 8 Cir., 38 F.2d 611.
In our case, no study of the bankrupt's papers shows his financial condition and transactions. There is no acceptable justification under the circumstances; consequently the bankrupt was not entitled to a discharge, Nix v. Sternberg, supra.
The judgment of the District Court must ... | 5,218 | 2,357 | 0.000427 |
warc | 201704 | Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 92 C 1943 -- James H. Alesia, Judge.
Before POSNER, Chief Judge, and PELL and EASTERBROOK, Circuit Judges.
EASTERBROOK, Circuit Judge.
Albert Johnson brought this suit under 42 U.S.C. sec. 1983. According to his complaint, which the district court dismissed for failure to state a claim on which relief may be granted, female guards at the Cook County Jail are assigned to monitor male prisoners' movements and can see men naked in their cells, the shower, and the toilet. Johnson sought damages from persons including the President of the Cook County Board and the Chairman of the County's Buildings and Zoning Commission. Most of the defendants have no relation to the events of which Johnson complains and were properly dismissed because sec. 1983 does not establish vicarious liability. See Houston v. Sheahan, 62 F.3d 902 (7th Cir. 1995). The district court also properly rejected Johnson's argument that different monitoring patterns in different cellblocks within the Jail violate the equal protection clause of the fourteenth amendment. 1993 U.S. Dist. LEXIS 13681 (N.D. Ill.). Johnson has abandoned on appeal any contention that monitoring in the local courthouse lockup's bathroom violates the Constitution. But his argument that cross-sex monitoring in the Jail violates the due process clause requires additional discussion in light of Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1994), which holds that a right of privacy limits the ability of wardens to subject men to body searches by women, or the reverse. Our case involves visual rather than tactile inspections, and we must decide whether male prisoners are entitled to prevent female guards from watching them while undressed.
Observation is a form of search, and the initial question therefore is whether monitoring is "unreasonable" under the fourth amendment. So the Supreme Court conceived the issue in Bell v. Wolfish, 441 U.S. 520 (1979), where a pretrial detainee argued that routine inspections of his body cavities violated the Constitution. (Johnson also was a pretrial detainee at the time of the events covered in his complaint, but in light of Wolfish he does not argue that detainees have rights exceeding those of prisoners following conviction.) The Court held that these searches are "reasonable" because they are prudent precautions against smuggling drugs and other contraband into prison. 441 U.S. at 558-60. Prisoners argued that metal detectors plus supervision of inmates' contacts with outsiders would be superior to body-cavity inspections. The Court replied that prisons need not adopt the best alternatives. 441 U.S. at 559-60 n.40. Less-restrictive-alternative arguments are too powerful: a prison always can do something, at some cost, to make prisons more habitable, but if courts assess and compare these costs and benefits then judges rather than wardens are the real prison administrators. Wolfish emphasized what is the animating theme of the Court's prison jurisprudence for the last 20 years: the requirement that judges respect hard choices made by prison administrators. E.g., Sandin v. Conner, 115 S. Ct. 2293, 2299-2300 (1995); O'Lone v. Estate of Shabazz, 482 U.S. 342, 349-50 (1987); Jones v. North Carolina Prisoners' Labor Union, Inc., 433 U.S. 119, 125 (1977); Wolff v. McDonnell, 418 U.S. 539, 561-63 (1974).
Wolfish assumed without deciding that prisoners retain some right of privacy under the fourth amendment. Five years later the Court held that they do not. Hudson v. Palmer, 468 U.S. 517, 526-30 (1984), observes that privacy is the thing most surely extinguished by a judgment committing someone to prison. Guards take control of where and how prisoners live; they do not retain any right of seclusion or secrecy against their captors, who are entitled to watch and regulate every detail of daily life. After Wolfish and Hudson monitoring of naked prisoners is not only permissible -- wardens are entitled to take precautions against drugs and weapons (which can be passed through the alimentary canal or hidden in the rectal cavity and collected from a toilet bowl) -- but also sometimes mandatory. Inter-prisoner violence is endemic, so constant vigilance without regard to the state of the prisoners' dress is essential. Vigilance over showers, vigilance over cells -- vigilance everywhere, which means that guards gaze upon naked inmates.
Johnson mentions the fourth amendment but ignores Wolfish and Hudson. His principal argument uses the due process clause; and because he does not seek a hearing, he is invoking principles of substantive due process. Yet courts should not reverse the outcome of a fourth amendment analysis in the name of substantive due process. Graham v. Connor, 490 U.S. 386 (1989), and Albright v. Oliver, 114 S. Ct. 807 (1994), hold that substantive due process is not an appropriate substitute for analysis under provisions of the Constitution that address a subject directly, and in particular does not trump the fourth amendment. "Privacy" has too many other connotations -- from the right of reproductive autonomy that has nothing to do with searches and seizures to the common law right to control the publication of certain facts about oneself, including the depiction of one's naked body, see Hayes v. Alfred A. Knopf, Inc., 8 F.3d 1222, 1229-30 (7th Cir. 1993) -- to be a useful substitute for the fourth amendment (or, as we discuss below, the eighth).
What is more, moving ground from the fourth amendment to the fifth would not help Johnson. Under the due process clause the question is whether the regulation is "reasonably related to legitimate penological interests." Turner v. Safley, 482 U.S. 78, 89 (1987). Surveillance of prisoners is essential, as Wolfish establishes. Observation of cells, showers, and toilets is less intrusive than the body-cavity inspections Wolfish held permissible. Guards do the surveillance. Male guards and female guards too -- for Title VII of the Civil Rights Act of 1964 opens prisons to women and requires states to hire them unless sex is a bona fide occupational qualification, a high standard of necessity. Dothard v. Rawlinson, 433 U.S. 321 (1977); United States v. Gregory, 818 F.2d 1114 (4th Cir. 1987) (rejecting an argument that a desire to curtail cross-sex monitoring of naked prisoners makes sex a bona fide occupation qualification for prison guards); see also United Auto Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991). Unless female guards are shuffled off to back office jobs, itself problematic under Title VII, they are bound to see the male prisoners in states of undress. Frequently. Deliberately. Otherwise they are not doing their jobs. Smith v. Fairman, 678 F.2d 52 (7th Cir. 1982), puts two and two together, holding that in light of Title VII female guards are entitled to participate in the normal activities of guarding, including pat-down searches of male inmates. We held in Torres v. Wisconsin Department of Health & Social Services, 859 F.2d 1523 (7th Cir. 1988) (en banc), a case filed by guards under Title VII, that a state could exclude men from one of its four prisons, in order to promote the female prisoners' rehabilitation. Torres did not say that the Constitution requires this exclusion; instead we deferred to the judgment of prison administrators that they needed to limit cross-sex monitoring to achieve penological objectives. Today deference leads to the opposite result: Cook County does not believe that cross-sex monitoring imperils its mission, and evenhanded willingness to accept prison administrators' decisions about debatable issues means that Johnson cannot prevail under the due process clause.
After holding in Hudson that prisoners lack any reasonable expectation of privacy under the fourth amendment, the Court remarked that a prisoner could use the eighth amendment to overcome "calculated harassment unrelated to prison needs." 468 U.S. at 530. Similarly, the Court observed in Graham that the eighth amendment offers some protection supplementary to the fourth. 490 U.S. at 392, 394. We therefore think it best to understand the references to "privacy" in Canedy and similar cases as invocations of the eighth amendment's ban on cruel and unusual punishments. See Jordan v. Gardner, 986 F.2d 1521 (9th Cir. 1993) (en banc), which makes explicit the role of that provision.
Johnson's complaint (and the brief filed on his behalf in this court by a top-notch law firm) do not allege either particular susceptibility or any design to inflict psychological injury. A prisoner could say that he is especially shy -- perhaps required by his religion to remain dressed in the presence of the opposite sex -- and that the guards, knowing this, tormented him by assigning women to watch the toilets and showers. So, too, a prisoner has a remedy for deliberate harassment, on account of sex, by guards of either sex. Johnson does not allege this or anything like it. His case therefore does not present the sort of claim that Hudson holds in reserve. It does not satisfy the more general requirements of the eighth amendment either.
One who makes a claim under the cruel and unusual punishments clause must show that the state has created risk or inflicted pain pointlessly. "After incarceration, only the unnecessary and wanton infliction of pain . . . constitutes cruel and unusual punishment forbidden by the Eighth Amendment." Whitley v. Albers, 475 U.S. 312, 319 (1986) (internal quotations omitted). See also Rhodes v. Chapman, 452 U.S. 337 (1981); Wilson v. Seiter, 501 U.S. 294, 298-300 (1991); Helling v. McKinney, 113 S. Ct. 2475 (1993). Does cross-sex monitoring serve a function beyond the infliction of pain? Monitoring is vital, but how about the cross-sex part? For this there are two justifications.
First, it makes good use of the staff. It is more expensive for a prison to have a group of guards dedicated to shower and toilet monitoring (equivalently, a group that can do every function except this) than to have guards all of whom can serve each role in the prison. If only men can monitor showers, then female guards are less useful to the prison; if female guards can't perform this task, the prison must have more guards on hand to cover for them. It is a form of featherbedding. O'Lone held that an interest in the efficient deployment of the staff permits the prison to block inmates from attending religious services, although religion has powerful protection in the first amendment. Similarly, an interest in efficient deployment of the staff supports cross-sex monitoring. See Timm v. Gunter, 917 F.2d 1093, 1102 (8th Cir. 1990), which concludes that "opposite-sex surveillance of male inmates, performed on the same basis as same-sex surveillance," is constitutionally permissible. By the same token, the prison may assign homosexual male guards to monitor male prisoners, heterosexual male guards to monitor effeminate male homosexual prisoners, and so on. There are too many permutations to place guards and prisoners into multiple classes by sex, sexual orientation, and perhaps other criteria, allowing each group to be observed only by the corresponding groups that occasion the least unhappiness.
Second, cross-sex monitoring reduces the need for prisons to make sex a criterion of employment, and therefore reduces the potential for conflict with Title VII and the equal protection clause. Cells and showers are designed so that guards can see in, to prevent violence and other offenses. Prisoners dress, undress, and bathe under watchful eyes. Guards roaming the corridors are bound to see naked prisoners. A prison could comply with the rule Johnson proposes, and still maintain surveillance, only by relegating women to the administrative wing, limiting their duties (thereby raising the cost of the guard complement), or eliminating them from the staff.
To the riposte that Title VII and the equal protection clause can't authorize a violation of the eighth amendment, we rejoin: True enough, but not pertinent. A warden must accommodate conflicting interests -- the embarrassment of reticent prisoners, the entitlement of women to equal treatment in the workplace. A state may reject the prisoner's claim if it has a reason, as Wolfish establishes for a substantially greater intrusion. The interest of women in equal treatment is a solid reason, with more secure footing in American law than prisoners' modesty, leading to the conclusion that there is no violation of the eighth amendment. We held as much already in Smith v. Fairman. When interests clash, a judge must prefer those based on legislative decisions over those that reflect their own views of sound policy. The premise of judicial review is that the Constitution is an authoritative decision binding on all branches of government; when it has only such substance as judges pour into it themselves, the decisions of the elected branches prevail. Canedy accordingly avowed reluctance to do more than forbid cross-sex body searches, 16 F.3d at 187, which it conceived as pointless debasement. Anonymous visual inspections from afar are considerably less intrusive and carry less potential for "the unnecessary and wanton infliction of pain". To the extent incautious language in Canedy implies that deliberate visual inspections are indistinguishable from physical palpitations, its discussion is dictum. Further reflection leads us to conclude that it should not be converted to a holding.
How odd it would be to find in the eighth amendment a right not to be seen by the other sex. Physicians and nurses of one sex routinely examine the other. In exotic places such as California people regularly sit in saunas and hot tubs with unclothed strangers. Cf. Miller v. South Bend, 904 F.2d 1081 (7th Cir. 1990) (en banc) (holding that there is a constitutional right to dance nude in public), reversed under the name Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). Most persons' aversion to public nudity pales compared with the taboo against detailed inspections of body cavities, yet the Court found no constitutional obstacle to these in Wolfish; the Constitution does not require prison managers to respect the social conventions of free society. Drug testing is common, although this often requires observation of urination. Vernonia School District 47J v. Acton, 115 S. Ct. 2386 (1995) (drug testing of seventh grade boy as condition of participation in sports is "reasonable" under the fourth amendment); see also Dimeo v. Griffin, 943 F.2d 679, 682-83 (7th Cir. 1991) (en banc), in which this court treated the ... | 14,731 | 6,546 | 0.000153 |
warc | 201704 | The National Domestic Workers Alliance and their allies have overcome industry opposition to win labor protections for domestic workers in seven states.
The Fair Labor Standards Act of 1938 established basic protections for American workers, including a 40-hour workweek and a minimum wage. But certain workers were excluded from these protections, including domestic workers.
In the face of intense opposition from for-profit homecare industry groups, the National Domestic Workers Alliance and their allies have made great strides in recent years to right this wrong. On August 12, Illinois became the seventh state to extend these rights to domestic workers, joining Massachusetts, California, New York, Oregon, Hawaii, and Connecticut.
Inequality.org co-editor Sarah Anderson spoke with Magdalena Zylinska to learn more about this victory. Zylinska is a housecleaner and domestic worker organizer who focuses on outreach to Polish domestic workers, making sure they’re informed of their rights. Last year, she was appointed to be a Board Member at Arise Chicago, a faith-labor action group.
How did you first become involved in the effort to expand rights for domestic workers??
I became involved with the Arise Chicago workers center in 2013 after attending a green cleaning workshop offered to domestic workers at the University of Illinois at Chicago. After the workshop, Anna Jakubek, an organizer with Arise Chicago, informed us that domestic workers have few labor rights. That’s what energized me to get involved with fighting for the Illinois Domestic Workers Bill of Rights.
Over the last couple of years, I have also gone to Springfield numerous times, talked to Senators and Representatives, and I testified on behalf of domestic workers regarding sexual harassment, which is something I have encountered in my workplace.
Can you explain the significance of the victory in Illinois? How will this reform change workers’ lives?
Many domestic workers would say that beyond labor protections, the Domestic Workers Bill of Rights in Illinois is about respect and dignity. Our victory in passing the legislation means that we have finally been recognized as workers by becoming included in labor rights that we have been historically excluded from.
The new law will make sure that home cleaners, nannies, care workers, and other domestic workers receive the state minimum wage, protection against sexual harassment, as well as a day of rest if they are employed by one employer for at least 20 hours a week by amending four state laws that previously excluded domestic workers: the Minimum Wage Law, the Illinois Human Rights Act, the One Day of Rest in Seven Act, and the Wages of Women and Minors Act.
Now when domestic workers encounter a problem, they will be less afraid to let the authorities know.
Everyone deserves to have these basic rights. I believe that now when domestic workers encounter a problem, they will be less afraid to let the authorities know. Too many people are abused and mistreated. Protections will give domestic workers the right to defend themselves in unfortunate situations.
It is great to see this first step, but we still have a long way to go in making sure this law gets enforced. I’m very optimistic for the future.
How might this victory help build power for the continuing fight for a national bill of rights for domestic workers?
I think many people, including legislators, are unaware that domestic workers are excluded from state labor protections and face such high levels of exploitation. But when people actually hear our stories, they come to the conclusion that this is the right thing to do and this is the time to do it. This victory in Illinois brings greater visibility to our movement.
Illinois is also the seventh state to pass legislation to protect the rights of domestic workers. The other six states that have protections in place for domestic workers are California, Massachusetts, Connecticut, Hawaii, Oregon, and New York. Together, this brings us one step closer to having full state protections for all domestic workers in the U.S.
For-profit homecare industry groups and the International Franchise Association sued the Labor Department to block expansion of labor protections, including overtime pay, to homecare workers. These groups claim they’re acting in the best interest of workers, that by expanding their rights, homecare workers would be forced into an unregulated underground market because their clients wouldn’t be able to pay for care through a regulated agency. Your response?
Homecare work is the second fastest-growing occupation in the country, and yet most homecare workers live in poverty despite the essential nature of their work for communities across the country. If we want to be able to age with dignity, we as a nation have to invest in homecare by treating this work as essential.
That means we have to put the funding into homecare that will allow workers to treat homecare as a sustainable job and ensure that consumers can afford the assistance they need. There is a major problem around affordability of homecare in the United States — but we can’t get rid of this problem by putting the burden on the backs of homecare workers.
That’s already happening, and as a result, we see high levels of turnover. Every day, the nation is losing qualified and dedicated homecare workers who love their jobs but can’t afford gas for their cars or oil to heat their houses in winter or food to feed their families.
Fighting against the nation’s most basic labor protections doesn’t protect these workers nor the consumers who need access to consistent care. It’s a misinformed and innately temporary fix that protects the bottom line of for-profit companies and franchising groups without solving the larger problems of funding care.
In contrast, we work with disability rights and senior groups, unions and worker centers that are genuinely working in collaboration to make sure there’s enough resources so that consumers and workers can get what they need. That’s a genuine solution, fueled by parties with genuinely overlapping interests.
How powerful are these industry opponents and what strategies have you used to get around them?
Private, for-profit actors in the homecare and au pair industries have mounted major opposition to domestic workers bill of rights legislation.
We have seen private for-profit actors in the homecare and au pair industries mount major opposition to our bill of rights legislation as well as to other efforts to raise worker protections in order to prevent abuse and trafficking.
In some instances, industry groups were able to retract their opposition after realizing that their interests in having a stable workforce were aligned with those of our campaigns. In other instances, that wasn’t possible.
We try to find companies and players that are dedicated to doing the right thing, and ensure that their voices are heard as well. For example, Care.com has supported many of our efforts.
At the end of the day, one of the most important things we can do is keep supporting the organizing and leadership of domestic workers and homecare workers, and building meaningful working partnerships with consumers of homecare and their families. Those coalitions and the unified voice of these stakeholders is ultimately what will win us victory.
What gives you hope for this movement?
I have been working at this for almost three years, and there were moments when I was worried that this victory would not come. When we visited legislators, it sometimes felt like they weren’t hearing us. But they did.
This bill was unanimously voted in by the Senate, and it passed out of both chambers with bipartisan support. Hopefully, other states will follow our lead with even stronger protections, like contracts. This won’t be easy, because different domestic work industries, like housecleaning and childcare, have different needs, but all of them need better guidelines for both workers and employers. Our industry is rapidly growing, especially around eldercare, so the bill also helps us prepare for the future by recognizing this important workforce.
What do you wish more people knew about domestic workers?
Every domestic worker job is different, and every house I clean is different. We work hard for our money. We have bills to pay. Many of us have families to support.
Even though we passed the Domestic Workers Bill of Rights in Illinois, we still have a long way to go. Most of us in the industry do not get paid sick days or paid vacation. If we struggle or get sick, we do not get any compensation for the time we miss at work. Oftentimes, we do not get paid for additional responsibilities that are given to us at work. Employers do not always give notice if they are going on vacation, and I’ve had situations where employers can fire you on the spot. And it might mean losing income for two or three weeks before finding a replacement job.
My suggestion is for employers to take these things into consideration, and also try and build stronger relationships of dignity and respect with the domestic workers they employ.
For now, I’m just grateful that the Governor signed the bill. We had full support from the House and the Senate. This was a big coalition effort where we had broad support from faith, labor, and community groups, as well as employers organizations. The Illinois Domestic Workers Coalition was powered by local organizations, including AFIRE Chicago, Arise Chicago, Latino Union, Sargent Shriver National Center on Poverty Law, Women Employed, Heartland Alliance, and SEIU-HCII, as well as domestic workers, advocacy and community groups, and allies. More broadly, we also received support from the National Domestic Workers Alliance (NDWA). | 9,931 | 4,197 | 0.000242 |
warc | 201704 | Biosphere 2 never lasted too long, but there were certainly many lessons to be learned about living self-sufficiently, and even sustainably. UK-based designer Phil Pauley envisions another biosphere set in the ocean that would create a self-sustaining underwater habitat for aquanauts, tourists, and oceanographic life sciences. Made up of submersible spheres, Sub Biosphere 2 would maintain and support life while acting as a secure underwater seed bank.
Pauley’s unique underwater habitat is designed to sustain all of its life support systems — air, water, food, electricity, and other resources — through an “innovative control of variant atmospheric pressures that occur at depth.” Eight living biomes surround a larger central biome that contains all of the control equipment, while the smaller biomes contain spaces where people live, grow food and more.
The large self-sustaining system can float on top of the water or submerge and travel along rails all the way to the ocean floor. Besides supporting and growing life, the biosphere also serves as a seed bank. Sub Biosphere 2 was designed by Phil Pauley and visualised by Pauley Interactive. | 1,181 | 627 | 0.001635 |
warc | 201704 | The government's role in innovation
But the question is a good one. At any level of government, from a city to state or province to a federal or national government, what is the appropriate role for the government in an innovation policy or strategy? It seems to me to break down into three likely outcomes.
The first is based on the Apollo program. In this instance the government identifies a significant need or opportunity and challenges itself and industry to achieve it (put a man on the moon before the end of the decade). Note that the statement doesn't dictate specific technologies or vendors. It is a challenge that created excitement and enthusiasm. Government agencies, private industry and other organizations then asked themselves - OK, if we are going to achieve this seemingly difficult mission, what is necessary for us to do? Then they went on to solve a number of engineering challenges and captured the attention of the nation. Thousands of kids (I'm one) wanted to become an astronaut because of the excitement and glamor. I think that this kind of effort - creating a challenge that engages all of the population - is one involvement in innovation that governments should have continuously. Right now, rather than creating a 1000 page health care plan, the government should set a specific goal and ask all of us to help achieve that. Perhaps the goal is universal coverage with no increase in healthcare outlays. We need big challenges to come together and overcome these hurdles.
This leads to the second possible government involvement - selecting preferred industries or technologies. Government involvement in selecting the "best" or preferred industries or technologies is fraught with hazard. Left to its own devices, the government that created ARPANET might still be monopolizing the ability to communicate and interact. Clearly any government with research facilities should be responsible for generating new research, but not selecting which technologies are approved or disapproved. Government involvement at that level and scale is bound to be tied up with political favoritism and will be showered on the largest and most powerful (see for example the GM bailout, or the bailout of larger banks).
The third kind of involvement is something rarely seen in the US outside of the Defense Department - a public/private partnership. The government could easily define specific issues or challenges it faces and create opportunities for innovation to address these specific issues. While this does occur on a limited basis today, the contracting rules and the size and influence of incumbents make it difficult for smaller firms or new entrants to compete. This means that many of the same old tired ideas and concepts are constantly recycled. If the Federal government could open itself up to more innovation around its biggest challenges, and invite a wide array of innovators and reduce the issues around contracting, it could create an entirely new innovation community which might significantly impact its ability to govern and its ability to deliver services. Secondarily to these outcomes would be the scaling of new ideas which could then flow back into the private sector. Thus, the government could be an incubator of ideas that eventually benefit the private sector. To a certain extent, this was true in the 40s, 50s and 60s, but as significant government research has dwindled, less innovation flows out of the government. We could easily turn the tables by asking the citizens and industries to respond to innovation challenges.
From my perspective, I don't want to see any government picking industries or technologies. I do want the government to identify key challenges and needs, and bring together the best minds to create innovative solutions. Currently, one of the biggest stumbling blocks to innovating with, or for, any government is the bureaucratic hurdles involved in contracting, and the over-reliance on existing "beltway bandits" who have long incumbancy but little innovation incentive. Let's open up the interactions, bring more people and firms into the innovation arena and have governments define the big challenges and turn the rest of us to work.
posted by Jeffrey Phillips at 7:05 AM | 4,263 | 1,974 | 0.000508 |
warc | 201704 | Open to adjacency
But the truth is with the right coaching and a good set of tools and methods you can overcome a lot of learned avoidance, and actually create some good ideas. Good ideas, that is, up until the point where someone asks the question: Is this what a firm in (fill in the blank) industry should do? What we have here is a predicate question - asking whether or not the firm should solve the problem, often before or instead of understanding if the customer has a need, and whether or not that need should be filled. Whether or not a firm in a specific industry or market segment "should" solve the problem is beside the point. Either it will or it won't. If it decides that the solution or offering is outside it's capabilities, well and good. If the need is pressing and customers are willing to solve it, someone or some other firm will solve the problem.
Where this thinking matters is when an innovation team starts every discussion with: is this what our firm or industry should do? Too often there are preconceived, and very powerful notions, about what an organization should, or shouldn't do. These notions argue that once a business model or industry focus or customer segment strategy is developed and perfected, all future opportunities should be viewed from this lens. Nothing, my friend, can be further from the truth.
Imagine, since Apple is always used as an example, if Steve Jobs had said, "well, we are in the PC business, so no matter how terrible those little MP3 players are, and no matter how terrible managing music becomes, we can't solve that. We are a PC company, after all!" I didn't have the privilege to meet Jobs, but I'd like to think that he was able to see problems and needs in markets adjacent to his own, which he had the vision or technology to solve. He believed that these needs were important and that customers wanted solutions. He then asked: even if we aren't in that business, do we have the underlying technologies, capabilities and relationships to be credible in that space? He found that the answer was yes. He didn't allow the fact that Apple was a PC company to keep it from identifying and solving vital and interesting customer needs.
Now, there's a fine line here between identifying and solving "adjacent" needs or extending capabilities or business models to new customers, and entering completely new lines of business. Richard Branson is probably the only person I've heard of who succcessfully enters completely new lines of business. He is innovating marketing and customer experience, rather than products and business models, so his model may be a bit easier to replicate. But back to Jobs. There are two other things that make this story compelling. First is the fact that one of his first acts upon returning to Apple was to cut about 80% of the product line. He simplified the product suite to focus more attention on fewer products. So in some regard he compressed and consolidated the space he thought Apple should be in. But then he looked for opportunities to use Apple's design capabilities, its customer experience, its ability to integrate and bring disparate items together to solve a number of problems, from the iPod to the iPhone and the iPad. Apple wasn't initially a phone company, or a MP3 player company and many of its initial attempts to enter consumer electronics had not been successful (see the Newton). But he didn't allow the organization to simply reject good ideas that solved customer needs that were outside of its cultural purview. The other thing that Jobs didn't do is focus Apple on things it clearly couldn't and shouldn't do, however. He understood the proximity of consumer electronics, cellular phones and tablets, and the distance between Apple and other factors like toaster ovens. But one last thing you'll notice is that every innovation opened the door to another adjacent space. For example dominance in handsets now means that Apple is relevant in payments and has released perhaps the most secure payments mechanism for individuals. Would Apple be relevant in payments as a PC company? Probably not, but it is relevant as a payments provider with a dominant marketshare in the handheld space.
On the other hand, almost every corporate innovation team I work with rejects a lot of innovation opportunities out of hand. It's not in our business model, they'll say, or a "blank" company doesn't do that, or wouldn't be accepted if it did "X". So they leave behind the most urgent needs customers define to pursue ideas that both they and their customers have less investment in.
Can your leopard change its spots? Can your teams identify and continue to contemplate opportunities outside your defined business model or sweet spot without complete cognitive dissonance?
posted by Jeffrey Phillips at 8:01 AM | 4,842 | 2,261 | 0.000444 |
warc | 201704 | Every morning I wake up to continuing news from the Fukushima nuclear plant in Japan, which engineers are fighting to control. The problems - fires, explosions, venting of radioactive gases, a fire in the spent fuel area, the risk of fuel rods melting and releasing highly toxic substances into the environment - are the result of broken cooling systems damaged by a tsunami, itself the result of an earthquake, natural disasters in which large numbers of people died, in highly local but massively multiple tragedies.
I write as if you didn't already know, mainly to wrap my own head around what's going on. From the other side of the globe, I really can't grasp what's been happening on the western Pacific Rim these last few months. The floods in Australia, earthquakes in New Zealand and Japan, Japan's continuing crisis. I don't have the imagination, it's a struggle to put myself there.
But Fukushima:
There are a few dozen engineers, and they're fighting, warring really against this problem, this overheating. And there's little or no electricity, and everything they're doing is outside operational parameters. It's become chaotic. I can
just about get a little-finger hold on what that's like. They said on the radio this morning (or maybe overnight) that the current attempts to cool the overheating fuel rods are all improvised now. The engineers are using fire engines to pump sea water in through internal sprinklers. It's rumoured that one of the fires started when a fire engine ran out of fuel and could no longer pump. I can almost grasp that, the scrambling, the constant brainstorming and the constant new emergencies. I can't quite get the rest. The danger of death from radioactivity, the hundreds of thousands of people evacuated from the local area. That's the size of the whole city where I went to school!
The nuclear aspect touches old fears. I was born and grew up in the Cold War. I was almost 12 years old in December 1989, at the time of the Malta Summit, when the corner was turned, detente found, and the end of the War declared. I'd had a childhood talking about atom bombs with my friends, and having nightmares about mushroom clouds and fallout. The fiction we read in class was often enough about nuclear apocalypse. A sudden escalation was not off the cards. I remember the first day, in the early 1990s, that I realised that the weight of possibility of nuclear war had lifted. I felt like I could breathe for the first time.
1991-2001 were blessed years in the West. The Cold War had ended, and the effects of foreign policy and a callousness to the rest of the world had not yet cross-multiplied with psychopaths and boomeranged into terrorism. There was crazy growth and there were easy recessions. India and China were off the radar, changing slowly, but not the obvious inheritors of global cultural leadership. The West was
it.
I feel no guilt. That was the most carefree decade I'll have.
So the events in Fukushima touch an old terror for me.
They'll never read this, but I wish the very best of luck to all those fighting to bring the reactors under control. You're in my thoughts.
I want to end on something more abstract.
Matt Jones and I were talking in the studio yesterday and he mentioned the Holocene -- the geological period lasting from 12,000 years ago, the end of the most recent glacial period, until now. All of recorded human history is within the Holocene. But now, maybe (the story goes), we're in the Anthropocene: the epoch in which
human activities that have had a significant global impact on the Earth's ecosystems.
It's the era of human-altered climate and of artificial islands. When archeologists in a million years dig deep down and take a core sample through 2011 AD, they'll look at the thin, white, compressed layer of undecomposed plastic waste and iridium traces - a geological layer 100% due to human civilisation - and they'll point to it and say "Ah, the Anthropocene," before turning it into shimmering jewellery and what-have-you.
The thing we have to realise is that this isn't an era of
control. Our attempts to control the world have multiplied so much that they themselves have become part of the system, part of the world, and the entire thing has once again become chaotic, unpredictable, and uncontrollable. We live in a world in which we must constantly adapt, improvise, and take care. We must show it respect (the world is not a resource: it is as big as us); we have to swim through it, not walk over it. Engineering is not only problem solving, and not only a way to manage risk, but an improvisational skill. We're going to need that.
It's all very grim in Fukushima. And I'm really feeling that grimness this morning, apologies for passing it on. | 4,764 | 2,377 | 0.000423 |
warc | 201704 | There is a lot of anxiety in the fixed income markets, which is especially unsettling for folks
living on fixed incomes.
Bond yields — forever the backbone of the fixed income investor — have vanished. But the entire concept of retirement investing is built on having investments that are considered safe. Retirees aren’t crazy about risk; they want to know their life savings are safe in investments designed to offer capital preservation while throwing off that regular monthly income.
However, they’ve been forced to move further out on the risk curve in order to replace those bond yields. That means many are now buying dividend stocks.
Of course, there is a wide range of dividend stocks out there. But for retirees who want safety, the best investments are companies that are both powerhouses and that have a long history of paying dividends — death-defying dividend stocks, if you will. I’m particularly focused on dividend stocks that maintained their payments during the financial crisis.
Here are three of the best dividend stocks if you’re seeking safety.
Death-Defying Dividend Stocks: Coca-Cola (KO) Dividend Yield: 2.92% Coca-Cola Co. (KO) definitely checks all the boxes for our list of death-defying dividend stocks. When I first began investing in 1995, KO stock was my first purchase. I wanted safety, security and dividend payments for my first foray. And this stock has only improved since that day some 19 years ago.
Dividend stocks like Coca-Cola always ran the risk of resting on their laurels, but KO has done anything but that. In fact, it’s mind-blowing how many brands and beverages the company now owns. Management remains on the cutting edge too, as evidenced by its recently-announced 10% ownership stake in
Green Mountain Coffee Roasters (GMCR).
Today, Coca-Cola stock pays a nearly 3% yield, and its dividend remained solidly in place during the financial crisis. In fact, KO has paid a dividend since 1920. For the cherry on top, its free cash flow runs between $7 billion and $8 billion dollars annually, so Coca-Cola can easily afford the $4.6 billion it pays out.
Death-Defying Dividend Stocks: Dupont (DD) Dividend Yield: 2.82% Dupont (DD), which by the way is short for E.I. du Pont de Nemours & Company, is also one of the most solid dividend stocks you will find. Sure, a chemical company isn’t the sexiest play in the world, and it is amazing that all the chemophobia and negative publicity surrounding chemicals hasn’t really affected its business.
But like KO, DD stock has remained on the forefront of changing times. Dupont is slowly transforming its straight-up chemical business into a more agricultural-driven entity. The company’s agribusiness saw an 18% increase in sales in the most recent quarter, driven by its newest products: corn seed and insecticides.
That’s just one reason DD, with its 2.8% yield, is still one of the best dividend stocks. Plus, the payout has historically been about 50% of free cash flow.
Death-Defying Dividend Stocks: Genuine Parts Co. (GPC) Dividend Yield: 2.53%
One of my favorite boring companies also makes our list of the best dividend stocks for retirees.
Genuine Parts Co. (GPC) is a name you may not know … but you have probably heard of its 1,100 Napa Auto Part stores.
I love auto parts companies because there are zillions of cars on the road, all of which age, need maintenance and therefore need parts. There’s an endless supply … kind of like coffee drinkers and smokers.
Plus, GPC has a lot to like that specific to the world of dividend stocks. Its payout is solid as a rock, yielding over 2.5%, and rarely does that amount exceed 50% of free cash flow.
As of this writing, Lawrence Meyers did not hold a position in any of the aforementioned securities. Alas, he sold his Coke stock in 1999. | 3,884 | 1,896 | 0.000541 |
warc | 201704 | عصب روانشناختی یادگیری ترس و کنترل ترس
کد مقاله سال انتشار مقاله انگلیسی ترجمه فارسی تعداد کلمات 69931 2005 10 صفحه PDF سفارش دهید محاسبه نشده Publisher : Elsevier - Science Direct (الزویر - ساینس دایرکت) Journal : International Journal of Psychophysiology, Volume 57, Issue 1, July 2005, Pages 5–14 چکیده انگلیسی
In the current review article it is suggested that fear is a central emotional state that can be activated by external threat cues. The subcortical defensive system cannot only be activated by intrinsically aversive events but shows also strong plasticity enabling previously innocuous stimuli to get access to the fear system after they were paired with painful outcomes. On the other hand, aversive conditioning does not only result in the acquisition of a defensive disposition, the organism also learns on a pure cognitive level that one stimulus predicts the occurrence of another stimulus. It is suggested here that potentiation of the acoustic startle reflex is a rather specific measure for fear acquisition, while skin conductance discrimination indexes contingency learning. It is shown that the acquisition of fear-potentiated startle does not require cortical processing of the conditioned stimulus. Moreover, data indicate that conditioned startle potentiation is abolished in patients with unilateral lesions of the amygdala. Finally, conditioned startle potentiation can be obtained without contingency awareness, which on the other hand is necessary for skin conductance conditioning to occur. It is suggested that the learning of stimulus relations is mediated by the hippocampus and that conditioned startle potentiation is also mediated by the hippocampus in trace conditioning. | 2,380 | 1,058 | 0.001315 |
warc | 201704 | At the upcoming Digital Humanities Start Up Project Director's Meeting we've been asked to present our projects in two minutes or less. Here's one of my rehearsal attempts to do so. (It's definitely a communicative literacy I still need to hone):
Sunday, September 18, 2011 Wednesday, September 7, 2011
First check out this music video titled "Code Monkey:"
Fun huh? But why is this relevant to a review of Douglas Rushkoff's
Program Or Be Programmed?I'll get to that in a second. But first some general background:
In
Program or Be ProgrammedRushkoff argues that technology has biases that encourage certain behaviors. He describesthose biases (for him there are ten main ones). And then, to make sure we don’t become unwitting victims of those biases, he prescribesguidelines that will allow us to steer clear of those biases worst potential social effects. For example, in Chapter One (which is titled “Always On”) he observes that computer networks follow their own time. And because that time doesn’t usually jibe with human time it often interrupts and intrudes on our thought processes. To remedy that bias we should take care to moderate our connections to digital devices and “refuse to be always on.” [p. 37] The subsequent nine chapters follow the same approach albeit for ten other biases.
I’ll refrain from judging the middle chapters mostly because the tenth, which has the same title as the book, was at once the most interesting and at the same time the most incomplete. Rushkoff, in an appeal to history, argues that in an age of print it was those who could read and write who shaped the world. Similarly, in an age of code, it is those who program who are defining human experience. So in Rushkoff’s view, coding is rapidly becoming a new literacy – and those who don’t have it will rapidly become the subjects of those who do. Here's Rushkoff's two minute video promotion of the book:
As a programmer myself I’m flattered by the power he’s conferred on my profession. I’ll confess that in an essay I wrote a while back called Code and Composition, I fell prey to similarly exaggerated senses about the power which programmers supposedly wield. And as an instructor of technology studies I’m half-tempted, following Rushkoff’s warnings to have my students take a crack at learning Scratch, SIMPLE or LOGOS. Certainly we shouldn’t discount the power that code is having over our lives. But we shouldn’t be too quick to assume that just because programmers are the ones who are writing the code that they are doing so independently without having to answer to institutions with even more influence. In most software shops they have to execute a vision that’s been handed to them by designers and product managers and shareholders.
In short, coders may be implicated in the digital refashioning of the world. And their lives may not be as desiccated or lacking in creativity as the portrait that is offered up in Code Monkey. And it’s probably a good idea to expose students to what coding is just so they can get a more hands-on feel for the way code is determining the world we’re living in. But programmers are nearly as subject to being programmed as those who don’t. Code Monkey – I think – would agree. | 3,352 | 1,700 | 0.000612 |
warc | 201704 | Can you imagine being paid to do something
illegal out of the ordinary? That’s exactly what Google wants hackers to do. Google is interested in finding out about its security flaws in its Google Chrome browser, so they are willing to pay $1 million to anyone who can expose flaws in the browser.
There are several security categories that Google is interested in:
$60,000 – “Full Chrome exploit”: Chrome / Win7 local OS user account persistence using only bugs in Chrome itself. $40,000 – “Partial Chrome exploit”: Chrome / Win7 local OS user account persistence using at least one bug in Chrome itself, plus other bugs. For example, a WebKit bug combined with a Windows sandbox bug. $20,000 – “Consolation reward, Flash / Windows / other”: Chrome / Win7 local OS user account persistence that does not use bugs in Chrome. For example, bugs in one or more of Flash, Windows or a driver. These exploits are not specific to Chrome and will be a threat to users of any web browser. Although not specifically Chrome’s issue, we’ve decided to offer consolation prizes because these findings still help us toward our mission of making the entire web safer.
Google also stated that each winner would also receive a Chromebook and that there can be multiple winners in each category up to the $1 million limit.
BUSINESS TAKEAWAY
This is an interesting strategy that many business owners are afraid to undertake. Oftentimes, business owners are afraid of exposing their product to competitors or they are unwilling to part with significant sums of money to learn about their products shortcomings. We think this is smart move on Google’s part for quality control and brand loyalty.
What do you think of Google’s contest for hackers? Would more businesses benefit from learning about flaws in their products? Leave us a comment on our Google+ wall and let us know what you think. As always, please feel free to share this with friends.
image credit: toprankonlinemarketing on flickr | 2,052 | 1,010 | 0.00103 |
warc | 201704 | The House Financial Services Committee approved legislation seeking to promote job creation and further economic growth by making it easier for more companies to access capital markets by reducing the cost of going public for small and medium size companies. The Reopening American Capital Markets to Emerging Growth Companies Act, H.R. 3606, which passed by an overwhelming bi-partisan vote of 54-1 is sponsored by Rep. Stephen Fincher (R-TN) and John Carvey (D-DE). HR 3606 would create a new category of issuers, called emerging growth companies.
Under the Act, SEC regulations for emerging growth companies will be phased in over a period of five years or until the company becomes large enough to afford the regulatory costs traditionally associated with going public. This temporary reprieve from costly regulations will allow smaller companies to go public sooner in their life cycle. According to its sponsors, the legislation would apply scaled regulations for emerging growth companies without compromising core investor protections or disclosures. The legislation creates a new category of issuers, called emerging growth companies, with annual revenues of less than $1 billion and following the initial public offering, less than $700 million in publicly traded shares. Exemptions for these on ramp status companies would end either after five years, or when the company reached $1 billion in revenue or $700 million in public float. The bill mirrors legislation introduced by a bipartisan group of U.S. Senators. The measure also amends Section 404(b) of Sarbanes-Oxley to delay hiring an additional outside auditor to verify the company's internal controls for the five year on ramp period. In addition, the bill would only require emerging growth companies to provide audited financial statements for the two years prior to registration rather than three years, saving the companies millions. The legislation would also make it easier for potential investors to get access to research and company information in advance of an IPO. This is critical for small and medium-sized companies trying to raise capital that have less visibility in the marketplace, said Rep. Fincher. Currently, there are regulations in place that make it difficult for investors to find the detailed research reports they need to make an informed decision about new companies. Emerging growth companies would also be exempt from the requirement to hold a shareholder vote at least once every three years on executive compensation packages and golden parachutes. They are also exempt from the requirement to disclose the relationship between executive compensation and financial performance and the ratio of the CEO compensation to the median total compensation of all employees. The Committee unanimously approved a Fincher-Carney Manager’s Amendment that made technical changes to the legislation and, in part, reflects discussions with the SEC and the FASB oversight body. Among other things, the amendment clarifies the definition of emerging growth company, makes the legislation prospective only, and makes accounting corrections. An amendment offered by Rep. David Schweikert (R-AZ), and approved by the Committee, would direct the SEC to conduct a study examining the transition to trading and quoting securities in one penny increments, also known as decimalization. The study must examine the impact that decimalization has had on the number of initial public offerings since its implementation relative to the period before its implementation. The study must also examine the impact that this change has had on liquidity for small and middle capitalization company securities and whether there is sufficient economic incentive to support trading operations in these securities in penny increments. Within 90 of enactment, the SEC must submit a report to Congress on the findings of the study. The Schweikert Amendment also provides that if the Commission determines that the securities of emerging growth companies should be quoted and traded using a minimum increment of greater than $0.01, the Commission may by rule, not later than 180 days after the date of enactment, designate a minimum increment for the securities of emerging growth companies that is greater than $0.01 but less than $0.10 for use in all quoting and trading of securities in any exchange or other execution venue. An amendment offered by Chairman Garrett, and approved by the Committee, directs the SEC to analyze the registration requirements of Regulation S-K and determine how they can be updated to modernize and simplify the registration process and reduce the costs for emerging growth companies. Within 180 days, the SEC must report on this review of Regulation S-K and recommend how the registration process can be streamlined to make it more efficient and less burdensome for emerging growth companies. An amendment offered by Rep. Edward Royce (R-CA) raising the Section 404(b) exemption to companies with less than $1 billion market cap was withdrawn based on assurances from Committee leaders that there would be an opportunity to place the expanded exemption in another piece of legislation. Committee Vice Chairman Jeb Hensarling (R-TX) said that it is proper to reexamine the correct threshold for Section 404(b) compliance, but that this may not be the moment. An amendment offered by Rep. Jim Himes (D-CT) that would have amended the definition of emerging growth company from a company with less than $1 billion in sales to one with $750 million or less was rejected. Another Himes amendment that would have directed the SEC to require disclosure of a symbol or some other kind of identifier so that investors could identify an emerging growth company was also rejected. Rep. Fincher said that such an identifier could serve to stigmatize an emerging growth company. An amendment offered by Rep. Keith Ellison (D-MN) that would have deleted the emerging growth company exemption for shareholder advisory votes on executive compensation was also rejected. However, the Committee approved an Ellison Amendment that requires an emerging growth company that terminates its status as such to conduct a shareholder advisory vote on executive pay at the one year period beginning on the date the issuer is no longer an emerging growth company. In the case of an emerging growth company that had that status for less than two years after the first sale of common equity securities pursuant to a Securities Act registration statement, the shareholder advisory vote must be held on the three-year period beginning on such date. The Amendment deals with Rep. Ellison’s concern that, under the original bill, an emerging growth company could go eight years before conducting its first shareholder advisory vote on executive compensation. | 6,830 | 2,786 | 0.00036 |
warc | 201704 | Event Description:
P2PH Academy Seminar on Drug Policy
The Global Drug Control System: Has The US Government Moved From Being Architect of the Problem, to Being Part of the Solution?
Monday July 14, 2014 from 4:30 PM – 6:00 PM
John Jay College, New Bldg, 9th floor, Room 9.63 (Anthropology)
Speaker:
Mike Trace,
Chairman of the International Drug Policy Consortium,
former United Kingdom Drug Czar.
In this presentation, he will describe how the US government has been the main archi-tect and cheerleader for the international system of prohibition, and in particular two of its main articles of faith – aggressive repression of production and distribution of drugs, and mass arrest and harsh punishment of users. Over time, the limited impact of these strategies on the scale and harms associated with drug markets, and the significant negative consequences, have become better understood. Many countries around the world are therefore moving towards more health and human rights based approaches. Within the US itself, policy and strategies are changing rapidly, and Mr. Trace will explore the potential for the USA to become a leader in promoting humane and effective drug policies, and an example of best practice in moving away from punitive and repressive policies.
MIKE TRACE - BIOGRAPHY
Mike Trace has worked for the last 20 years in various roles in the international drug control system – as Deputy UK Drug Czar to Tony Blair, President of the European Union Drugs Agency, briefly a United Nations official, and more recently as an advo-cate for careful reform of the system.
Trace has a wide range of experience in the field of drug treatment and policy, from direct work with problem drug users, to senior positions in national government and international agencies. Following a period of 12 years working in and managing pro-jects that provided treatment to the homeless, drug users and offenders, Mike was offered the post of Deputy UK Anti-Drug Coordinator (National Drug Czar) in 1997, and held this post until 2001. His duties included the creation of the UK National Drug Strategy – Tackling Drugs To Build A Better Britain – and the oversight of the first years of its implementation.
He was the Chairman of the European Union drugs agency, the European Monitor-ing Centre on Drugs and Drug Addiction (EMCDDA) with responsibility for steering the 3 year work plan of the agency on behalf of the EU Member States, which involved the collation and dissemination of research and analysis on drug use, prob-lems and responses across Europe. Mike subsequently the posts of Director of Performance at the UK National Treatment Agency, overseeing the rapid expansion of the drug treatment sector and worked for the United Nations Office on Drugs and Crime in Vienna.
He currently combines two leadership roles in the field of drug policy and drug dependence treatment:
- as Chief Executive of RAPT (www.rapt.org.uk), one of the biggest providers of drug treatment services in the UK prison system, and
- as Chairman of the International Drug Policy Consortium (www.idpc.net), a global network of NGOs with an interest in the promotion of humane and effective drug policies. | 3,228 | 1,631 | 0.000621 |
warc | 201704 | Abbreviation: AAT = α
1-antitrypsin
α
1-Antitrypsin(AAT)deficiency is the most prevalent potentially fatal hereditary diseasein white individuals, and is an important risk factor forpulmonary emphysema, especially in cigarette smokers. Traditionalenzyme kinetics provide a poor explanation for the increased risk oflung injury in AAT deficiency. We have found that when millimolarconcentrations of leukocyte elastase are released from single azurophilgranules of activated neutrophils, they transiently overwhelm localproteinase inhibitors, leading to evanescent quantum bursts ofproteolytic activity. Catalysis is quenched when enzymeconcentration no longer exceeds that of pericellularinhibitors. 1– 2 Herein, we tested the possibility thatquantum proteolytic events are abnormal in AAT deficiency. We incubatedneutrophils on opsonized fluoresceinated fibronectin in serum fromindividuals with various AAT phenotypes, and then measured and modeledquantum proteolytic events. The mean areas of the events in serum fromheterozygotes (Pi MZ and Pi SZ) were 16.1 ± (SEM) 4.0μm 2 and 14.2 ± 3.3 μm 2,respectively, which were slightly (but significantly) larger than thosein serum from normals (Pi M), which were 9.7 ± 1.2μm 2. In marked contrast, events in serum fromAAT-deficient individuals were 97.4 ± 7.8 μm 2.Diffusion modeling predicted that local elastase concentrations exceedAAT concentrations for <20 ms and >80 ms in Pi M and Pi Zindividuals, respectively. Thus, quantum proteolytic events areabnormally large and prolonged in AAT deficiency, leading directly toan increased risk of tissue injury in the immediate vicinity ofactivated neutrophils. These results have potentially importantimplications for the pathogenesis and prevention of lung disease in AATdeficiency. | 1,838 | 945 | 0.001094 |
warc | 201704 | Full text loading...
n South African Journal of Child Health - Outcomes in malnourished children at a tertiary hospital in Swaziland after implementation of the World Health Organization treatment guidelines : research
Abstract
Background. Swaziland adopted the World Health Organization (WHO) guidelines for the inpatient treatment of severely malnourished children in 2007, with the aim of reducing high case fatality rates for childhood malnutrition. However, no follow-up studies have been conducted to determine the reduction in these rates after implementation of the guidelines.
Objectives. To determine the case fatality rate for childhood malnutrition after implementation of the WHO treatment guidelines.
Methods. A retrospective observational study was undertaken. Demographic, anthropometric and clinical characteristics and outcomes for all children aged under 5 years admitted for inpatient treatment of malnutrition between January 2010 and December 2011 were recorded and analysed.
Results. Of the 227 children who met the study inclusion criteria, 179 (64.6%) were severely malnourished and 98 (35.4%) had moderate malnutrition; 111 children died during admission, giving an overall case fatality rate of 40.1%. Mortality was significantly higher among severely malnourished children than among those with moderate malnutrition (46.9% v. 27.6%) (odds ratio (OR) 3.0, 95% confidence interval (CI) 1.7 - 5.3). Co-morbid pneumonia and gastroenteritis were significant predictors of mortality (OR 2.0, 95% CI 1.2 - 3.4 and OR 1.9, 95% CI 1.1 - 3.2, respectively).
Conclusion. Case fatality rates for childhood malnutrition remain high despite adoption of the WHO treatment guidelines. There is a need for periodic clinical audits and mortality review meetings to reduce deaths from childhood malnutrition so as to meet the WHO mortality target of less than 5% and improve child survival.
Article metrics loading... | 1,937 | 940 | 0.001069 |
warc | 201704 | Abstract
Introduction: Maximal rowing power-velocity relationships that exhibit ascending and descending limbs and a local maximum have not been reported. Further, duty cycle (portion of the stroke occupied by the pull phase) is unconstrained during rowing and is known to influence average muscular power output.
Purpose: Our purposes for conducting this study were to fully describe maximal short-term rowing force-velocity and power-velocity relationships. Within the context of those purposes, we also aimed to determine the apex of the power-velocity relationship and the influence of freely chosen duty cycle on stroke power.
Methods: Collegiate varsity male rowers (
N = 11, 22.9 ± 2.3 yr, 84.1 + 12.1 kg, 184 ± 7 cm) performed five maximal rowing trials using an inertial load ergometer. For each stroke, we determined force and power averaged for the pull phase and the complete stroke, instantaneous peak force and power, average handle velocity for the pull phase, handle velocity at peak instantaneous force and power, pull time, recovery time, and freely chosen duty cycle. Force-velocity and power-velocity relationships were characterized using regression analyses, and optimal velocities were determined from the regression coefficients.
Results: Pull force-velocity (
r 2 = 0.99) and peak instantaneous force-velocity ( r 2 = 0.93) relationships were linear. Stroke power ( r 2 = 0.98), pull power ( r 2 = 0.99), and instantaneous peak power ( r 2 = 0.99) were quadratic, with apexes at 2.04, 3.25, and 3.43 m·s −1, respectively. Maximum power values were 812 ± 28 W (9.8 ± 0.4 W·kg −1), 1995 ± 67 W (23.9 ± 0.7 W·kg −1), and 3481 ± 112 W (41.9 ± 1.3 W·kg −1) for stroke, pull, and instantaneous power, respectively. Freely chosen duty cycle decreased from 58 ± 1% on the first stroke to 26 ± 1% on the fifth stroke.
Conclusions: These data characterized the maximal rowing force-velocity and power-velocity relationships and identified the optimal velocity for producing maximal rowing power. Differences in maximum pull and stroke power emphasized the importance of duty cycle.
Author Information
1Department of Kinesiology and Health Education, The University of Texas at Austin, Austin, TX; and 2Department of Exercise and Sport Science, The University of Utah, Salt Lake City, UT
Address for correspondence: James C. Martin, Ph.D., Assistant Professor, Department of Exercise and Sport Science, The University of Utah, 250 S. 1850 E. Room 241, Salt Lake City, Utah, 84112-0920; E-mail: jim.martin@utah.edu.
Submitted for publication January 2006.
Accepted for publication August 2006. | 2,710 | 1,248 | 0.000833 |
warc | 201704 | Analysis of two different techniques in the treatment of knee stiffness in swing phase due to fibrous rectus femoris muscle in childrenHung, Nguyen NgocJournal of Pediatric Orthopaedics B: May 2011 - Volume 20 - Issue 3 - p 164–172 doi: 10.1097/BPB.0b013e32834492fb Pelvis, Hip and Knee Abstract Author Information Abstract The objective of this study was to analyze two surgical techniques in the treatment of fibrous rectus femoris muscle in children. Data from 152 patients (161 knees) from July 1991 to December 2004 were analyzed. Clinical signs were knee stiffness in swing phase, positive Ely and Ober tests, and abnormal flexion angles of the knee and hip. Patients were operated according to one of two variants: variant A, to release the proximal tendon and variant B, to release the middle shaft of the rectus femoris muscle. There were 96 women (63.2%) and 56 men (36.8%) in this study. Bilateral involvement was found in nine patients; only the left knee was affected in 34 patients (22.4%) and only the right knee in 109 patients (71.7%). All 152 patients (161 knees) developed fibrous rectus femoris muscle (RFM) after repeated intramuscular injection of antibiotic(s) into the RFM. A total of 145 knees (136 patients) were classified as severe and 16 knees (16 patients) were classified as moderate. Overall, we attained excellent results in 109 (67.7%), good results in 26 (16.1%), fair results in 14 (8.7%), and poor results in 12 knees (7.5%). There have been no complications so far. Generally, surgical treatment of knee stiffness in swing phase due to fibrous RFM according to variant B led to postoperative poor results in only 1.2% of patients, whereas variant A gave postoperative poor results in 14.5% of patients. The surgical procedure is simple and safe, and knee and hip functions, tendency for crouch gait, and anterior pelvic tilt were remarkably improved. Author Information National Hospital of Pediatrics of Viet Nam, Ha Noi, Viet Nam Correspondence to Nguyen Ngoc Hung, MD, PhD, National Hospital of Pediatrics of Viet Nam, 18/879 La Thanh Street, Dong Da District, Ha Noi, Viet Nam Tel: +84 4 37841276; fax: +84 4 7754448; e-mail: ngocyenhung@gmail.com © 2011 Lippincott Williams & Wilkins, Inc. | 2,244 | 1,129 | 0.000891 |
warc | 201704 | Retraction
The authors retract this publication due to concerns about the integrity of strain PXO99
Δax21 employed in the study. During additional experiments carried out at our laboratory, we discovered that the strain PXO99 Δax21 employed in the study was mixed up with another strain in our collection. This compromises the validity of Figures 1, 2 and 3 in the article as we are unsure as to whether the correct strain was employed in the studies. We have taken steps to repeat the experiments but we have been unable to validate the knockout mutants generated so far. We have also attempted to replicate the work using strains obtained from another group, but in our hands, those strains did not infect rice plants.
9 Sep 2013: Han SW, Sriariyanun M, Lee SW, Sharma M, Bahar O, et al. (2013) Retraction: Small Protein-Mediated Quorum Sensing in a Gram-Negative Bacterium. PLOS ONE 8(9): 10.1371/annotation/880a72e1-9cf3-45a9-bf1c-c74ccb73fd35. doi: 10.1371/annotation/880a72e1-9cf3-45a9-bf1c-c74ccb73fd35 View retraction
Figures Abstract
The rice XA21 pattern recognition receptor binds a type I secreted sulfated peptide, called axY
S22, derived from the Ax21 (activator of XA21-mediated immunity) protein. The conservation of Ax21 in all sequenced Xanthomonas spp. and closely related genera suggests that Ax21 serves a key biological function. Here we show that the predicted N-terminal sequence of Ax21 is cleaved prior to secretion outside the cell and that mature Ax21 serves as a quorum sensing (QS) factor in Xanthomonas oryzae pv. oryzae. Ax21-mediated QS controls motility, biofilm formation and virulence. We provide genetic evidence that the Xoo RaxH histidine kinase serves as the bacterial receptor for Ax21. This work establishes a critical role for small protein-mediated QS in a Gram-negative bacterium. Citation: Han S-W, Sriariyanun M, Lee S-W, Sharma M, Bahar O, Bower Z, et al. (2011) Small Protein-Mediated Quorum Sensing in a Gram-Negative Bacterium. PLoS ONE 6(12): e29192. doi:10.1371/journal.pone.0029192 Editor: Dipshikha Chakravortty, Indian Institute of Science, India Received: October 28, 2011; Accepted: November 22, 2011; Published: December 12, 2011 Copyright: © 2011 Han et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Funding: This work was supported by NIH grant GM55962 to PCR. S-WL's work, in part, was supported by the Next-Generation BioGreen 21 Program (PJ0080982011) and the Mid-Career Researcher Program (2010-0026679). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript. Competing interests: The authors have declared that no competing interests exist. Introduction
Given the demonstrated importance of plant and animal receptors [also called pattern recognition receptors (PRRs)] of conserved microbial signatures [also called pathogen associated molecular patterns (PAMPs)], there is great interest in elucidating the biological function of these ligands [1]. We have recently shown that the rice XA21 receptor binds a sulfated peptide, called axY
S22, derived from the Ax21 (activator of XA21-mediated immunity) protein from the Gram-negative bacterium, Xanthomonas oryzae pv. oryzae ( Xoo). XA21/axY S22 binding triggers XA21-mediated innate immunity [2], [3].
The conservation of Ax21 in all sequenced
Xanthomonas spp., Xylella fastidiosa and the human pathogen Stenotrophomonas maltophilia suggests that Ax21 serves a key biological function. To elucidate this function, we previously isolated and characterized eight genes required for Ax21 activity ( rax genes). raxA, raxB and raxC encode components of a predicted type I secretion system (TOSS). Ax21 requires this RaxABC TOSS for activity and secretion [3], [4]. The RaxB protein carries two highly conserved N terminal proteolytic subdomains characteristic of transporters in Gram-positive bacteria that cleave N-terminal peptides prior to substrate secretion [4]. These data, together with the presence of a predicted N-terminal signal sequence in Ax21, suggest that Ax21 is cleaved by the RaxB transporter prior to secretion. raxST, raxP and raxQ encode enzymes involved in sulfation; and raxH and raxR encode a predicted histidine kinase and cognate response regulator, respectively [4], [5], [6]. The expression of the eight rax genes is density-dependent [7]. Their expression at low densities can be rescued by the addition of high-performance liquid chromatography (HPLC)-fractionated Xoo PXO99 supernatants. Fractions from Xoo strains lacking Ax21 activity cannot induce density dependent expression. We therefore, hypothesized that Ax21 serves as a quorum sensing (QS) factor.
QS is a process where small molecules serve as signals to recognize cell population size, leading to changes in expression of specific genes when the QS factor has accumulated to a certain threshold concentration [8]. In Gram-positive bacteria, QS is controlled by oligopeptides, whereas Gram-negative bacteria generally use acylated homoserine lactones (AHLs) or diffusible signal factors (DSF) for QS [9]. One instance of peptide-mediated QS in Gram-negative bacteria has been reported [10]. Although QS factors are abundant in the host vicinity, none have previously been shown to bind host receptors of conserved microbial signatures.
Results and Discussion
To determine if Ax21 can serve as a QS factor to regulate density-dependent expression of
rax genes, we monitored rax gene expression in PXO99 and in a mutant strain lacking Ax21 (PXO99 Δax21). We found that the six rax genes were highly expressed in PXO99 cultures grown to high population densities [10 8 colony forming unit (CFU)/ml], but not in PXO99 Δax21 cultures (Table. S1). These experiments indicate that Ax21 regulates density-dependent expression of rax genes.
We next purified Ax21 using gel filtration and immobilized metal ion affinity chromatography from culture supernatants of an
Xoo strain expressing biologically active mature 6x-His-tagged Ax21 (rAx21) (without the N-terminal signal sequence) (Figure S1 and S2). A 7 kDa cut-off spin column was used to remove small peptides and other small molecules from the supernatants (Figure S2A). Elution was carried out using elution buffers containing various concentrations of imidazole (Figure S2B). Western blot analysis using an anti-Ax21 antibody revealed that the 150 mM imidazole buffer-eluted fraction contains highly purified rAX21 (Figure S2B).
To test whether the mature Ax21 protein itself could restore
rax gene expression to the PXO99Δ ax21 strain, we added rAx21 to this strain. We found that addition of the 150 mM imidazole-eluted fraction carrying rAx21, complemented rax gene expression in PXO99Δ ax21 whereas addition of flow-through or 250 mM imidazole buffer-eluted fractions lacking rAx21 did not (Figure 1). Furthermore, the peptides, axY S22 and axM178, derived from Ax21 that were previously identified in HPLC-fractionated Xoo PXO99 supernatants [3], did not restore rax gene expression to the PXO99Δ ax21 strain (Figure S4 and S5). These results conclusively demonstrate that the mature rAx21 protein serves as the QS factor and that the activity is not due to small peptides or other molecules present in the active fraction.
Expression of the
raxST, raxB, and raxR genes in PXO99 (10 6 and 10 8 CFU/ml, grey), PXO99 Δax21 (10 8 CFU/ml, black), and PXO99 Δax21 (10 8 CFU/ml) supplemented with exogenous addition of the flow-through (FT), 150 mM (150), or 250 mM (250) imidazole buffer-eluted fractions (figure S2) was assessed. Levels of gene expression were calculated relative to 16sRNA expression. Primers specific to each gene are as listed in table S8. Data are mean of four replicates ± standard deviation (SD.).
As an additional test to investigate the nature of Ax21, we carried out liquid chromatography–tandem mass spectrometry of supernatants from PXO99Δ
ax21(rAx21). Nine peptides spanning nearly entire Ax21 protein, except for the predicted N-terminal signal sequence were identified. These results demonstrate that the entire, mature Ax21 protein is secreted and that the predicted N-terminal signal sequence is cleaved before secretion (Figure S3).
To test if the biological activity of rAx21 is dependent on the predicted tyrosine sulfotransferase, RaxST, we isolated rAx21 from the PXO99Δr
axST strain [4] expressing rAx21. rAx21 purified from this strain, displayed significantly less activity compared with rAx21 purified from the PXO99Δ ax21 strain (Figure S6). These results indicate that RaxST is required for full Ax21 biological activity.
Bacteria use QS communication to regulate diverse biological processes, including motility, virulence and transition from a planktonic (free swimming) state to a sessile state, called a biofilm. To elucidate the biological function of Ax21, we compared expression profiles of PXO99 and PXO99
Δax21 at three different population densities. PXO99 and PXO99 Δax21 were diluted to 10 5 CFU/ml and continuously grown until population densities reached 10 6, 10 7 and 10 8 CFU/ml (representing early log, middle log, and late log phases of bacterial growth, respectively). RNA was then isolated and subjected to whole genome expression profiling. We found that 489 genes (approximately 10% of Xoo genome) are significantly differentially regulated by Ax21 (Figures S7, S8, S9 and Tables S1, S2, S3, S4, S5, S6, S7).
Ten of these genes encode proteins containing the amino acid domains GGDEF, EAL, and HD-GYP (Figure 2A). Such proteins have previously been shown to control cyclic diguanylate (c-di-GMP) turnover, a nucleotide-based secondary messenger that regulates diverse microbial phenotypes including growth, motility, virulence, and biofilm formation. In
Xanthomonas spp., the RpfC/G sensor kinase and response regulator are required for DSF perception and signal transduction leading to c-di-GMP degradation through a protein containing an HD-GYP domain [11]. In the opportunistic pathogen Pseudomonas aeruginosa, AHL-mediated c-di-GMP production is regulated by a tyrosine phosphatase (TpbA) [12]. Thus, three distinct QS systems (AHL-, DSF- and Ax21-mediated) control expression of genes encoding proteins that regulate c-di-GMP turnover. Bacterial c-di-GMP has also recently been shown to trigger the innate immune response of mouse and human cells [13], [14].
A heat map represents the ratio of gene expression levels in a log
2-based pseudocolor scale (red, positive; green, negative). (A) Expression pattern of genes encoding proteins predicted to regulate c-di-GMP turnover in PXO99 (Left) and PXO99 Δax21 (Right). (B) Ax21 up-regulated genes that are highly expressed in early log phase including bacterial motility genes and xanthan gum biosynthesis. The functions of the genes marked by a star were assessed for phenotypes in Xoo knockout strains (Figure S13).
Our expression analysis also identified a set of genes that are up-regulated by Ax21 during early log phase (Figure 2B). These include the
gumE, gumJ, and gumK genes, which encode proteins required for biosynthesis of xanthan gum, an important component of the Xanthomonas extracellular polymeric substance (EPS) [15] (up-regulated by Ax21 2.0, 1.8, and 1.8 fold, respectively in PXO99 vs. PXO99Δ ax21). EPS enables bacteria to adhere to each other or to a solid surface, a key component of biofilms.
To assess if Ax21 is required for biofilm formation, we examined biofilm formation in the PXO99, PXO99Δ
ax21, and PXO99Δ raxST strains using a plate adherence assay. The PXO99Δ ax21 strain formed significantly less biofilms as compared with the PXO99 strain. Exogenous addition of purified rAx21 restored biofilm formation in PXO99Δ ax21 (Figure 3A). Aggregation assays comparing PXO99Δ ax21 and PXO99 revealed that Ax21 is also required for in vivo aggregation of Xoo (Figure 3B). Similar results were obtained using confocal microscopy (Figure S10). These experiments demonstrate that Ax21-mediated QS controls biofilm formation in Xoo.
(A) Biofilm formation of PXO99, PXO99
Δax21, PXO99 Δax21 supplemented with exogenous addition of the flow-through (FT), 150 mM (150), or 250 mM (250) imidazole buffer-eluted fractions (figure S2) were measured according to absorbance at A 590 using the polyvinyl chloride plate assay and normalized with the value of PXO99. Bars represent the mean of ten biological replicates ± SD. (B) Aggregation assays were performed using PXO99 and PXO99Δ ax21 strains carrying a green fluorescent protein. Xoo strains were observed with a microscope equipped with a fluorescein isothiocyanate filter (excitation filter, 450 to 490 nm; emission filter, 520 nm; dichroic mirror, 510 nm). The bars indicate 10 µm. (C) Swimming motility of PXO99 and PXO99 Δax21 strains were quantified by measuring the diameter of colony expansion in swimming motility assays. Bars represent the mean of four biological replicates ± SD. (D) Virulence of PXO99 and PXO99 Δax21 was monitored at low population densities. Rice leaves (TP309 cultivar) were inoculated with PXO99, PXO99Δ raxST, and PXO99Δ ax21 strains using the soaking method (10 3 CFU/ml) for two days. Bacterial populations were determined two days after inoculation. Bars represent the mean from at least seven leaves ± SD. The experiment was repeated four times with similar results.
Our microarray data also revealed that, at early log phase, Ax21 up-regulates expression of genes involved in bacterial motility (Figure 2B). For example,
fliC, fliD (flagella biosynthesis genes C and D) and the chemotaxis gene PXO_04752, are up-regulated 3.3-, 3.3-, and 16.4- fold, respectively in the PXO99 vs. PXO99Δ ax21 strains. To test whether Ax21 controls Xoo motility, we assayed the phenotype of Xoo PXO99 and PXO99Δ ax21 strains using a swimming motility plate assay. We found that the motility of PXO99 was two-fold higher than that of PXO99Δ ax21 (Figure 3C) indicating that Ax21 regulates Xoo swimming motility on semi-solid media.
We have previously shown that the predicted histidine kinases PhoQ and RaxH are required for Ax21-mediated activities [5], [16]. We therefore hypothesized that one of these proteins was the bacterial receptor for Ax21. In support of this hypothesis, we observed that biofilm formation in both the PXO99
ΔraxH and PXO99 ΔphoQ strains is reduced compared to the PXO99 strain (Figure S11). We next tested whether biofilm activity could be rescued by addition of purified rAx21 protein to these mutant strains. We found that PXO99 ΔphoQ but not PXO99 ΔraxH could form biofilms after complementation with rAx21 (Figure S11). These results indicate that the defect in biofilm formation in PXO99 ΔphoQ is not due to perception of Ax21. In contrast, the Xoo strain carrying a mutation in raxH could no longer respond to rAx21, supporting the hypothesis that RaxH is the Ax21 receptor. How can RaxH, a predicted inner membrane bound kinase with a periplasmic sensor domain, detect the Ax21 protein? Ax21 may be imported into the periplasm via a channel located in the outer membrane. For example, the E. coli extracellular small protein, colicin M (29 kDa), is localized to the periplasm via the FhuA porin located in the outer membrane [17]. Alternatively, Ax21 may form a structure that allows it to directly integrate into the membrane.
The observation that Ax21 is a QS factor that controls density-dependent expression of genes involved in motility, c-di-GMP turnover, and biofilm formation, suggests that PXO99
Δax21 strains would be impaired in virulence. However, earlier experiments indicated no significant changes in virulence phenotypes when PXO99 Δax21 infection was tested by clipping rice leaves with bacteria dipped in high-density cultures (10 8 CFU/ml) [3], [18]. Because under field conditions, Xoo infection through hydathodes or wounded sites requires only a low inoculation density (10 4 CFU/ml) to initiate infection [19], we hypothesized that an effect of Ax21 on virulence has been masked by the high-density inoculation approach.
To test this hypothesis, we established a new inoculation method.
Xoo strains PXO99, PXO99Δ raxST, and PXO99Δ ax21 strains were cultured in PSA (peptone sucrose media) plates and then diluted with water to 10 3 CFU/ml. Unclipped rice leaves were then soaked in bacterial suspensions for two days, and bacterial populations assessed two days following inoculation. We found that the population of the wild-type PXO99 strain is two fold higher than that of the PXO99Δ raxST and PXO99Δ ax21 strains using the low density soaking method (Figure 3D). In contrast, the populations of all three strains are similar two days after inoculation using the high-density scissor clipping method (Figure S12). These results indicate that ax21 and raxST are required for full virulence during early stages of infection that mimic field conditions.
To investigate the mechanism with which Ax21 regulates motility, virulence, and biofilm formation, we generated
Xoo strains mutated for twelve genes that are regulated by Ax21 (table S9 with the primers listed in table S10). Virulence of five strains (PXO99 Δ01391, PXO99 Δ01395, PXO99 Δ02671, PXO99 Δ04882, and PXO99 Δ06202) is partially or completely lost in the knockout mutants. Six strains (PXO99 Δ00678, PXO99 Δ01395, PXO99 Δ02637, PXO99 Δ02671, PXO99 Δ04882, and PXO99 Δ06202) displayed a reduction in biofilm formation and eleven strains partially lost swimming motility (Figure S13). These analyses indicate that Ax21 exerts its complex control through regulation of target genes.
The discovery that a small protein from a Gram-negative bacterium has a dual role in QS and in activation of the host innate immune response has not previously been demonstrated. We do not, however, believe this is an anomaly or that the biological importance of Ax21 is restricted to plant pathogens. For example, we previously reported that Ax21 is also conserved in the nosocomial pathogen
Stenotrophomonas maltophilia and proposed a similar role for Ax21 in this species [3]. Consistent with our hypothesis, a synthetic Ax21 protein has been shown to regulate gene expression, motility, and biofilm formation in S. maltophilia, extending our findings to an animal pathogen [20]. Furthermore, analysis of the genome sequences of other Gram-negative bacteria reveals an abundance of TOSS predicted to cleave N-terminal leader sequences and secrete mature proteins [21].
These results suggest that not only do these other Gram-negative bacteria use N-terminal processed small proteins for QS, but that some of the hundreds of the predicted receptors in rice and other species, for which no corresponding conserved microbial signature has yet been identified, detect such molecules [22]. Such knowledge can be used to develop reagents to immunize hosts against infection or antagonists to disrupt QS-mediated virulence activities and biofilm formation [23], a process thought to be involved in 65-80% of bacterial infections of plants and animals [24].
Materials and Methods Bacterial strains and growth conditions
The
Xanthomonas oryzae pv. oryzae ( Xoo), Escherichia coli strains and plasmids used are listed in Table S11. Peptone sucrose media (PSM) [25] and nutrient broth (NB) (Difco Laboratories), containing 20 µg/ml of cephalexin (MP Biomedicals), and/or other antibiotics as appropriate were used for growing cultures of Xoo at 28°C. E. coli strains were cultured in Luria-Bertani (LB) medium at 37°C. For E. coli, kanamycin at 50 µg/ml, ampicillin at 100 µg/ml, cephalexin at 15 µg/ml and gentamycin at 25 µg/ml (10 µg/ml for Xoo) were used for selection of transformants. Rice varieties Taipei 309 (TP309, a rice line susceptible to PXO99 and a TP309 transgenic line (106-17-3-37) carrying the Xa21 gene (TP309-XA21, resistant to Xoo strain PXO99) [2] were used to assess biological activity of the Xoo strains. Construction of Xoo knockout mutants by marker exchange mutagenesis Xoo knockout mutants were generated using marker exchange mutagenesis [26]. For homologous recombination in PXO99, DNA fragments were synthesized using the polymerase chain reaction (PCR) method. Primer sequences used for each gene are shown in Table S8. PCR was carried out using Programmable Thermal Controller (MJ Research). The amplified DNA fragments were cloned into the pGEM®-T-easy vector. A kanamycin-resistant cassette was inserted into the appropriate restriction enzyme cleavage site. Sequencing of the The pGEM®-T-easy constructs carrying the mutagenized genes was performed using the dideoxy chain termination method and an automated sequencer (Model 400 I, Li-Cor) with M13 forward and reverse primers or specific primers designed based on sequencing data. Confirmed constructs were then introduced into competent PXO99 wild type cells. After electroporation, the cells were incubated for 3 h at 28°C with PS broth media, and then spread on PS agar plates containing 50 µg/ml of kanamycin. Colonies that grew on those plates were duplicated onto PS agar plates containing 50 µg/ml of kanamycin as well as plates containing 50 µg/ml of kanamycin/ampicillin in order to select for double cross-over events. Colonies that only grew on the kanamycin plates were collected and confirmed as insertional mutants using PCR. The primers that were used for gene cloning were used also used to confirm that each gene had been knocked out in these strains. Construction of recombinant Ax21 and generation of Xoo mutants expressing the recombinant protein
To generate recombinant
ax21, a 21-bp 6x-His tag was added to the C-terminal region as follows: The ax21 gene was amplified from the genome of PXO99 with the following primers: 5′- GTCGACGATGCAGCTCCATCCGTGTG-3′ and 5′- GTCGACTTAATGATGATGATGATGATGCCAGCTGAAGCGCGGGCCGA-3′ using the PCR method with Taq polymerase in a Programmable Thermal Controller (MJ Research Inc.). The amplified fragment was then inserted into pGem®-T Easy (Promega). The pGem®-T Easy vector containing the ax21 gene (pGem-Ax21) was extracted and treated with the restriction enzymes SalI. This fragment was then inserted into the pML122 vector [26], [27] to promote expression (pML122-rAx21) in Xoo and introduced into the PXO99 Δax21 [3] by electroporation. After incubation in PS broth for 3 hours, the cells were spread onto PS agar plates containing 10 µg/ml of gentamycin and 50 µg/ml of kanamycin [PXO99 Δax21(rAx21)]. The electroporated strain was confirmed to carry the ax21 gene by PCR using primer combinations specific for raxST and pML122 vector sequences. Expression of the recombinant Ax21 protein was verified by western blot analysis using a His-tag antibody and Ax21-specific antibody. For the anti-Ax21 antibody, synthetic peptides and monospecific antibodies were generated by Pacific Immunology. Detailed information about their methods can be obtained at Pacific Immunology (http://www.pacificimmunology.com/). Ax21 activity of the PXO99 Δax21(rAx21) strain was confirmed using the scissors clipping method [3] (Figure S1). Purification of the recombinant Ax21 protein
The procedure for purification of recombinant Ax21 from strain PXO99
Δax21 expressing rAx21 is shown in fig. S2A. PXO99 Δax21(rAx21) was incubated in 6 liters of nutrient broth for 3 days, harvested, and washed twice with sterilized water. The washed cells were incubated in 20 ml of modified M9 minimal media [6] for 3 days. The supernatants were collected and filtered with a 0.22 µm syringe filter to remove bacteria. Small molecules [(<7 kDa) including peptides and ions] were removed using a Zeba spin desalting column (Thermo scientific). Desalted samples were fractionated on a Superdex 75 (GE Health care) in 50 mM Na 2HPO 4, pH 8.0, 10 mM EDTA, 150 mM NaCl, and 0.1% Triton X-100. The flow rate of the column was set at 1 ml/min and the eluate was fractionated into 1 ml fractions. The fractions containing rAx21 were desalted again using the Zeba spin desalting column. One ml of the 50% Ni-NTA slurry was added to desalted samples and the Ni-NTA mixture incubated in 50 mM NaH 2PO 4, pH 8.0, 300 mM NaCl, and 10 mM imidazole for 30 minutes at room temperature. The Ni-NTA mixture was loaded onto a Poly-Prep chromatography column (BIO-RAD) and eluted with 700 µl of 50 mM Na 2HPO 4, pH 8.0, 300 mM NaCl containing 50, 100, 150, 200, 250, or 500 mM imidazole. All fractions were confirmed by western blot analysis using anti-Ax21 and anti-His-tag antibodies. After desalting using the Zeba spin desalting column, purified rAx21 was used for the complementation experiments. Silver staining
After rAx21 was purified from PXO99
Δax21(pML122-rAx21) as described above, the fractions were separated using a 12% Sodium dodecyl sulfate polyacrylamide gel. The gel was stained with Silver stain plus (Bio-Rad) as previously described [3] (Figure S3). The fraction eluted with 150 mM imidazole buffer contained highly purified rAx21 (Figure S3, lane 6). This fraction as well as control fractions, the flow-through fraction (Figure S3, lane 3) and 250 mM imidazole buffer-eluted fraction (Figure S3 lane 8) were desalted and the used for the biological assays. Western blot analysis
Samples were fractionated in a 12% polyacrylamide gel. The proteins were then transferred onto Hybond ECL nitrocellulose membranes (Amersham Pharmacia Biotech) using standard procedures. The membranes were incubated with blocking solution consisting of 5% (w/v) skimmed milk in T-TBS buffer (10 mM Tris-HCl, pH 8.0, containing 150 mM NaCl and 0.1% [v/v] Tween 20) for 1 h. The membranes were then incubated in the presence of anti-Ax21 or anti-His antibody (Sigma) at a dilution of 1∶3,000 in T-TBS buffer for 1 h, and then washed with the T-TBS buffer for 10 min, three times. The membranes were then incubated for 1 h with T-TBS buffer containing a 1∶6,000 dilution of anti-rabbit IgG for anti-Ax21 and anti-mouse IgG for anti-His conjugated with horseradish peroxidase (Jackson ImmunoResearch Laboratories). After three washes with T-TBS buffer (of 15, 5, and 5 min, respectively), the membranes were incubated for 5 min with the Super Signal West Pico chemiluminescent substrate (Pierce) and then exposed to X-ray film (Fujifilm Medical Systems). Films were developed following standard autoradiographical practices.
RNA preparation
RNA from
Xoo PXO99 and PXO99 Δax21 harvested cells were isolated using TRIzol® reagent (Invitrogen) following the manufacturer's protocol. The RNA samples were treated with 10 units of RNase-free DNaseI (Invitrogen) for 30 min at room temperature, followed by column purification using RNeasy mini kits (Qiagen). The quality of RNA was determined by subjecting samples to gel electrophoresis on 1% agarose gels and by measuring the absorbance at 260 nm and 280 nm. Protein content in the RNA samples was assessed using A260/A280. cDNA generation and labeling
For Q-RT-PCR analysis, cDNA was generated by using SuperScript™III First-Strand kit (Invitrogen). One microgram of RNA was mixed with 50 ng random hexamers and 10 nMol dNTP mix. RNA mixture was incubated at 70°C for 5 min, then placed on ice for 2 min. Then cDNA synthesis mix (2 µl of 10X RT buffer, 4 µl of 25 mM MgCl
2, 2 µl of 0.1 M DTT, 1 µl of 40U/µl RNaseOUT™, 1 µl of 200U/µl SuperScript ™III Reverse Transcriptase) was added into RNA mixture and incubated at 25°C for 10 min, followed by 50°C for 1 hour. The reactions were terminated at 85°C for 5 min, then chilled on ice. 2 U of RNase H was added and incubated at 37°C for 20 min. Synthesized cDNA was kept at −20°C until it was used as template for Q-RT-PCR analysis.
For microarray analysis, SuperScript™III Indirect cDNA Labelling System (Invitrogen) was used to synthesize label probe for microarray. Twenty microgram RNA was mixed with 3 µg random hexamers and incubated at 70°C for 5 min, then placed on ice for 2 min. Then cDNA synthesis mix (6 µl of 5X First-Strand buffer, 1.5 µl of 0.1 M DTT, 1.5 µl dNTP mix including amino-modified nucleotides, 1 µl of 40U/µl RNaseOUT™, 2 µl of 400U/µl SuperScript ™III Reverse Transcriptase) was added into RNA mixture and incubated at 25°C for 10 min, followed by 46°C for 3 hours. After cDNA synthesis, alkaline hydrolysis reaction was performed immediately to degrade the original RNA by adding 15 µl of 1 N NaOH and then incubated mixture at 70°C for 10 min. To neutralize the pH, 15 µl of 1 N HCl was mixed gently. Synthesized first strand cDNA was purified with Purification Module provided with the kit and proceeded to coupling reaction with fluorescent dye. Purified cDNA was mixed with 5 µl of 2X coupling buffer and 5 µl of DMSO in the vial of Amersham CyDye™ reactive dye (GE Healthcare Biosciences). Then labelled cDNA was purified with Purification Module and subjected to hybridization process.
Hybridization and scanning
Labeled cDNA probes were evaporated in a vacuum centrifuge setting at 60° C to a volume of approximately 2–3 µl. Evaporated probes were then resuspended in 100 µl of a salt based hybridization solution (Ocimum Biosolutions) at room temperature. All hybridization and scanning steps were performed in a hepa and carbon filtered clean room. Hybridization was carried out using a Tecan HS 4800 hybridization station. To block nonspecific hybridization, a pre-hyridization buffer (5X SSPE, 6M Urea, 0.5% Tween-20, 10X Denhardt's solution) was applied to the slides at 50°C and agitated for 15 min on the medium setting. Labeled probes were denatured by heating the mixture at 95°C for 3 min and then cooling snapped on ice for 30 second. Probes were applied into the injector to hybridize with printed slides. Samples were hybridized for 16 hour at 42°C, then following hybridization, the slides were consecutively washed at 37°C with three salt based buffers of increasing stringency (2X SSC, 0.1% SDS, 1.0X SSC, and 0.5X SSC). Each buffer wash step was repeated twice, with a soak time of one minute followed by a one minute wash. A final wash step with water was performed. Following the final wash, slides were dried under a constant stream of N
2 at 30°C. Slides were kept under N 2 until scanning. Hybridized microarray slides were imaged using a GenePix 4000B dual laser microarray scanner (Axon Instruments) at 5 µm resolution. Slides were imaged using 100% laser power for both lasers (532 nm and 635 nm) and scanned twice using the high PMT and low PMT settings. All images were processed using GenePix software (Axon Instruments) for element identification and quantification. The metadata associated with the hybridizations, along with the “raw” intensities obtained from the GenePix quantitation. Array analysis and functional classification of differentially expressed genes
To identified differentially expressed genes from metadata, the LMGene package for R language statistic analysis that computes the p-values per gene via gene by gene ANOVA method developed by Rocke was used [28]. Genes that were differentially expressed more than 1.75 fold (log
2ratio >0.8 or <–0.8) and have an FDR less than 5% were selected as described in our previous work [29]. To annotate the functions of the Ax21-regulated genes, COG terms (Clusters of Orthologous Groups of proteins: http://www.ncbi.nlm.nih.gov/COG/) of Xoo PXO99 were assigned. The TIGR Multiexperiment Viewer (MeV, http://www.tm4.org/mev.html) software was used to cluster and view expression patterns of differentially expressed genes. Validation of expression patterns of candidate genes using quantitative RT-PCR
To validate expression pattern from microarray analysis, the synthesized cDNA samples were diluted by adding 100 µl DEPC water. 1 µl was used as template for each reaction (10 µl). cDNA template were mixed with SYBR® Green PCR Master Mix kit (Applied Biosystems) and specific primers as listed in Table S8. Each reaction included an initial heat for 5 min at 95°C, followed by 40 cycles of PCR (95°C, 10 sec; 60°C, 20 sec). The level of gene expression of each samples were relatively calculated comparing to 16sRNA amount.
Exogenous addition of recombinant Ax21 and quantitation of rax gene expression
To test whether rAx21 can restore
rax gene expression in the PXO99 Δax21 mutant strain, we supplemented the strain exogenously with the flow-through fraction, the 150 mM imidazole-eluted fraction containing purified recombinant Ax21 (rAx21), the 250 mM imidazole buffer-eluted fraction, axY S22, or axM178. Xoo PXO99 and PXO99 Δax21 were cultured in PS broth media overnight and diluted to 10 5 CFU/ml. rAx21, control fractions or peptides were then added exogenously and the culture continued until the cell density reached 10 8 CFU/ml. Cultured cells were harvested and RNA isolated as described above (see RNA isolation and cDNA generation methods). The final concentration of exogenous addition to the bacterial culture was 1 µM for axY S22, and 5 nM for rAx21. All experiments were carried out with at least three biological replicates including four technical replicates in each experiment. All biological replicates gave similar results. Swimming motility assays
The impact of Ax21 regulation on bacteria swimming motility was evaluated as described previously [30]. All tested
Xoo strains were cultured in PSB media until cell densities reached to 10 8 CFU/ml. Cells were pelleted, washed with sterilized water twice, and resuspended to 10 9 CFU/ml. Then 3 µl of concentrated cultures were dropped in the middle of swimming assay plate (modified minimal media containing 0.15% agar), and incubated at 28°C for three days. The diameters of expanding colonies were measured and mean values were calculated from four biological replicates. Virulence assays
In this study, two inoculation methods, the standard clipping [18] and the soaking method, were used for evaluation of virulence of the
Xoo strains. For the standard clipping method, Xoo strains were cultured in PSB media until cell densities reached 5×10 8 CFU/ml. Six week-old rice cultivar TP309 (susceptible to PXO99 strain) was inoculated by clipping the leaf tip with scissor that dipped into bacterial culture. The leaf lesion lengths were measured two weeks after inoculation using our standard procedures [2]. For the soaking method, rice leaves were soaked for two days in Xoo cultures of 10 3 CFU/ml. Bacterial populations were determined as previously described [31] at two days after inoculation. Biofilm formation assays
To quantitate biofilm formation in
Xoo, we used the polyvinyl chloride microplate method [32]. Xoo strains were cultured in PS broth media overnight and then diluted to concentration 5×10 5 CFU/ml in minimal media. For complementation experiments, we supplemented the PXO99 Δax21 mutant strain exogenously with the flow-through fraction, the 150 mM imidazole-eluted fraction containing purified recombinant Ax21 (rAx21), or the 250 mM imidazole buffer-eluted fraction and then continued cultured for seven days. After seven days, the cultures remaining in the plate were removed with pipettes. The remaining cells were stained with a 0.1% crystal violet solution for 30 min and excess dye was washed twice with distilled water. Dye that stained on the adhesive cells was resuspended with 95% EtOH, the optical density was measured at 590 nm and average values from four biological replicates were calculated. The final concentration of exogenous addition to the bacterial culture is 5 nM for rAx21. Confocal microscopy
PXO99 and PXO99
Δax21 strains carrying a green fluorescent protein (GFP) (Han et al., 2008) were cultured in M9 minimal media with glass slides (10 5 CFU/ml). After 4 days incubation, the glass slides with attached cells were washed nine times with sterilized water, and then air-dried. Biofilm formation was observed with a Leica True Confocal Scanner (TCS) SPE confocal microscope. The GFP was imaged under the following conditions: excitation: 488 nm; dichroic mirror: 405/488/543; emission: 495–530 nm. Images were analyzed using the program ImageJA (Ver 1.45b). After imaging, the attached bacterial cells were immediately recovered from the glass slide with 2 ml of sterilized water by extensively pipetting. The population of the recovered cells was determined using a colony counting method on PSA plates. Aggregation assays
PXO99 and PXO99
Δax21 strains carrying the green fluorescent protein were generated as described previously [31]. Xoo strains were grown on PSA plates, harvested, and washed with sterilized distilled water. The washed cells were resuspended to 10 6 CFU/ml. The diluted cells were dropped into an 8-chamber slide and incubated for three days at room temperature. Aggregated cells were observed using a Zeiss Axiophot fluorescence microscope (Jena) equipped with a fluorescein isothiocyanate filter (excitation filter, 450 to 490 nm; emission filter, 520 nm; dichroic mirror, 510 nm). Supporting Information
Recombinant Ax21 protein is biologically active. After culturing PXO99 (blue), PXO99
ΔraxST (red), PXO99 Δax21 (yellow), or PXO99 Δax21(rAx21) (purple) strains on PS agar plates containing cephalexin, kanamycin, and/or gentamycin, the cells were diluted to 5×10 8 CFU/ml and inoculated onto TP309 rice leaves (lacking XA21) and TP309-XA21 (carrying XA21) by the scissor clipping method. Each bar represents the average ± standard deviation (SD) of six sampled leaves per treatment. The experiment was repeated two times.
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(TIF)
Silver staining and western blot analyses reveal that recombinant Ax21 is highly purified. (A) Scheme for the purification of recombinant Ax21 (rAx21). rAx21 was purified from supernatants from the PXO99Δ
ax21(rAx21) strain using Superdex 75 for a gel filtration and an Ni-NTA for his-tag purification. Samples were run in an 12% acrylamide gel (B) Silver staining and (C) Western blot analysis using anti-Ax21 antibody. Lanes are designated as follows: M, Marker; 1, Desalted total supernatants; 2, after gel filtration chromatography; 3, flow through; 4, elution with 50 mM imidazole buffer; 5, 100 mM imidazole buffer; 6, 150 mM imidazole buffer; 7, 200 mM imidazole buffer; 8, 250 mM imidazole buffer; 9, 500 mM imidazole buffer. The arrow indicates the rAx21 protein. A band corresponding the full-length N-terminal processed rAx21 reacted with the anti-His tag antibody indicating that the mature protein is secreted.
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The mature, processed rAx21 lacking the N-terminal signal peptide is secreted into supernatants. Desalted supernatants from the PXO99Δ
ax21(rAx21) strain were digested by trypsin, and LC-MS/MS analysis carried out as described previously [2]. (A) Deduced amino acid sequence of rAx21. Yellow indicates amino acid sequence from the nine unique peptides obtained from LC-MS/MS analysis (B to J). The red box designates the predicted N-terminal signal peptide. The spectra of the nine peptides, which covered nearly the entire region of rAx21 except for the predicted N-terminal signal peptide, obtained from LC-MS/MS analysis are as follows: (B) AENLSYNFVEGDYVR, (C) TPTDGRDADGWGVK, (D) ASYAVAPNFHVFGEYSK, (E) NTNSDFQQWGVGVGFNHEIATSTDFVAR, (F) RLDLDSPNINFDGYSVEAGLR, (G) NAFGEHFEVYALAGYEDYSK, (H) GIDAGNDFYGR, (I) MDGDGNKEWSVGPR, and (J) FSWHHHHHH (include the 6x His tag).
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(TIF)
The AxY
S22 peptide is stable and biologically active after two days incubation with Xoo. Two µM of AxYS22 were incubated in (1) water, (2) PXO99, and (3) PXO99Δ raxST for 2 days and then supernatants were collected. As a control, supernatants from (4) PXO99Δ raxST culture without AxY S22 peptide were included. These samples were used to pretreat TP309-XA21 rice leaves as described previously [2]. After pretreatment, the rice leaves were inoculated with PXO99Δ raxST. Lesion lengths were measured two weeks after PXO99Δ raxST inoculation. Each bar indicates the average lesion length ± SD from 5 or 7 leaves.
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The axY
S22 and axM178 peptides derived from the Ax21 protein do not confer QS activity. Expression of the raxST (left), raxB (middle), and raxR (right) genes from PXO99 at 10 8 CFU/ml, PXO99 at 10 6 CFU/ml, and PXO99 at 10 6 CFU/ml supplemented with (A) axY S22 or (B) axM178 peptides, which were previously identified in biologically active fractions [3], was assessed using Q-RT-PCR with primers specific to each gene. Primers are as listed in table S8. Levels of gene expression were calculated relative to 16sRNA expression. Data are the mean of three replicates ± standard deviation (SD).
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Lack of the
Xoo raxST significantly reduces Ax21-mediated QS. Density dependent expression of the genes from PXO99 at 10 8 CFU/ml, PXO99 at 10 6 CFU/ml, and PXO99 at 10 6 CFU/ml with exogenous addition of rAx21 isolated from 1, PXO99 Δax21(rAx21) or 2, PXO99 ΔraxST was assessed as described in Materials and Methods. Levels of gene expression were calculated relative to 16sRNA expression. Primers specific to raxST are as listed in table S8. Data are the mean of three replicates ± standard deviation (SD).
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Expression of ten Ax21 regulated genes is validated by Q-RT-PCR analysis. To validate the microarray results, we assessed expression levels of ten Ax21-regulated genes (from the 10
8 CFU/ml dataset) using Q-RT- PCR with specific primers as listed in Table S8. The relative fold change of transcriptional levels in PXO99 and PXO99 Δax21 strains were determined by microarray analysis (grey) and Q-RT-PCR (black) (+ = expression level of PXO99 is higher than of PXO99 Δax21, - = expression level of PXO99 is lower than of PXO99 Δax21). Although the amplitude of the observed gene expression fold changes differ between the two techniques, as might be expected due to their sensitivity, the general trend of gene expression is similar.
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COG enrichment analysis indicates that Ax21 controls density-dependent expression of genes controlling diverse bacterial processes. To predict putative biological functions of Ax21 we applied COG (Cluster of Orthologous Groups of proteins) enrichment analysis. Each Ax21-regulated gene was assigned a COG term and grouped according to its biological function (http://www.ncbi.nlm.nih.gov/COG/). The numbers of Ax21-regulated genes in each functional category were calculated as a percentage of the total number of Ax21-regulated genes in each dataset (early log, mid log, and late log). Then the percentage of Ax21-regulated genes of each functional category was divided by the original percentage of each functional category present in the array platform (total numbers of genes in one functional categories/total numbers of genes on the array platform). The ratios between percentage of Ax21-regulated gene number and arrays in each category are presented in a pseudocolor numeric scale (Yellow, Ax21 up-regulated; Blue, Ax21 down-regulated). This analysis indicates that when cell population density is low, Ax21 controls up-regulation of genes (red box) involved in cell motility, cell cycle, inorganic ion metabolism, defense mechanism, coenzyme metabolism, and intracellular trafficking, but down-regulation of genes (green box) involved in transcription and translation. In contrast, when cell population density is high, Ax21 up-regulates genes (green box) involved in transcription and translation. The pattern of COG enrichment, created by MeV (www.tm4.org/mev, Multi experiment Viewer), of the microarray data supports our finding that Ax21 is a quorum sensing factor that controls diverse gene functions.
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Whole genome transcriptomics of PXO99 vs. PXO99
Δax21 at three different population densities. (A) A heat map represents the ratio of gene expression levels in a log 2-based pseudocolor scale in (i) late log phase (10 8 CFU/ml), (ii) early log phase (10 6 CFU/ml) (red, Ax21-up-regulated; green, Ax21-down-regulated). (B) Expression profiles of selected Ax21-regulated genes that are highly expressed at high population densities reveal an enrichment for putative transcriptional regulators. Of these, only the colR response regulator has been characterized (up-regulated 2 fold in PXO99 vs. PXO99Δ ax21). colR is critical for host colonization and infection in P. flurorescens and X. campestris pv. campestris, respectively. Our analysis also revealed that a gene encoding a (ppGpp)ase (ppGpp, guanosine-3,5-bispyrophosphate) is up-regulated by Ax21 suggesting that Ax21 controls ppGpp turnover.
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PXO99Δ
ax21 shows significantly reduced biofilm formation compared with PXO99. (A) Biofilm formation assay on glass slides was performed using PXO99 and PXO99Δ ax21 strains carrying a green fluorescent protein as described in Materials and Methods. GFP was imaged under the following conditions: excitation: 488 nm; dichroic mirror: 405/488/543; emission: 495–530 nm. Width (X) x Height (Y) x Depth (Z): 1.1 × 1.1 × 0.141 mm. (B) Images were analyzed using the program ImageJA (Ver 1.45b). After imaging, the attached bacterial cells were immediately recovered from the glass slides with 2 ml of sterilized water by extensively pipetting. The population of the recovered cells was determined using a colony counting method. Bars indicate average of three replicates ±SD.
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PXO99Δ
raxH does not respond to exogenous addition of Ax21. PXO99, PXO99Δ phoQ, PXO99Δ raxH, and PXO99Δ ax21 strains (5×10 5 CFU/ml), with or without purified rAx21, were tested for biofilm formation as described in Materials and Methods. The higher OD reflects more biofilms formed. Bars indicate average of four biological replicates ±SD.
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Growth of PX099, PXO99Δ
raxST and PXO99Δ ax21 strains using the scissors clipping method. TP309 rice leaves were inoculated by clipping the leaf tip with scissors dipped into Xoo cultures of 5×10 8 CFU/ml. PXO99, PXO99Δ raxST, and PXO99Δ ax21 strains were extracted from rice leaves two days after inoculation and populations quantified using established procedures [3]. Each bar indicates the average of nine leaves ± SD. Four replicate experiments gave similar results.
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(TIF)
Phenotypic validation of twelve selected Ax21-regulated genes. Twelve of the Ax21-regulated genes listed in Table S9 were selected for knockout analysis using the marker exchange mutagenesis method (primers listed in Table S10). All
Xoo mutant strains, generated in this study, were tested for (A) Swimming motility, (B) virulence (by standard clipping method), and (C) biofilm formation. Each bar represents the average ± standard deviation (SD). Mutations in genes that are regulated by Ax21 show phenotypic defects in the PXO99 Δax21 strain compared to PXO99. These results indicate Ax21 controls the observed phenotypes through regulation of the Ax21-regulated genes. Nine of the twelve gene tested have been previously characterized in Xanthomonas spp or other bacteria. Three genes encode hypothetical proteins containing putative GGDEF and EAL domains. Strains carrying knockouts in these three genes also displayed reduced biofilm, swimming motility and virulence phenotypes.
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(TIF)
Density-dependent expression of
rax genes is controlled by Ax21.
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Genes up-regulated in early log phase by Ax21.
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Genes up-regulated in mid log phase by Ax21.
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Genes up-regulated in late log phase by Ax21.
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Genes down-regulated in early log phase by Ax21.
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Genes down-regulated in mid log phase by Ax21.
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Genes down-regulated in late log phase by Ax21.
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List of primers used for quantitative realtime PCR.
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Expression profile of
Xoo genes that were selected to generate knockout strains for functional analysis.
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List of primers used to generate
Xoo knockout strains.
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Bacterial strains and plasmids used in this study.
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Acknowledgments
We thank Dr. Benjamin Schwessinger for helpful discussions and critical reading of the manuscript. The microarray data have been deposited in NCBI's Gene Expression Omnibus and are accessible through GEO series accession number GSE24989.
Author Contributions
Conceived and designed the experiments: SWH M. Sriariyanun SWL PCR. Performed the experiments: SWH M. Sriariyanun M. Sharma OB ZB. Analyzed the data: SWH M. Sriariyanun PCR. Contributed reagents/materials/analysis tools: SWH M. Sriariyanun. Wrote the paper: SWH M. Sriariyanun PCR.
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Shen Y, Sharma P, Goes da Silva F, Ronald P (2002) The Xanthomonas oryzaepv. oryzae raxPand raxQgenes encode an ATP sulfurylase and APS kinase that are required for AvrXa21 avirulence activity. Mol Microbio 44: 37–48. 7. Lee S, Han S, Bartley L, Ronald P (2006) Unique characteristics of Xanthomonas oryzaepv. oryzaeAvrXa21 and implications for plant innate immunity. Proc Natl Acad Sci U S A 103: 18395–18400. 8. Waters CM, Bassler BL (2005) Quorum sensing: cell-to-cell communication in bacteria. Annu Rev Cell Dev Biol 21: 319–346. 9. Ng WL, Bassler BL (2009) Bacterial quorum-sensing network architectures. Annu Rev Genet 43: 197–222. 10. Kolodkin-Gal I, Hazan R, Gaathon A, Carmeli S, Engelberg-Kulka H (2007) A linear pentapeptide is a quorum-sensing factor required for mazEF-mediated cell death in Escherichia coli. Science 318: 652–655. 11. Dow J, Fouhy Y, Lucey J, Ryan R (2006) The HD-GYP domain, cyclic di-GMP signaling, and bacterial virulence to plants. Mol Plant Microbe Interact 19: 1378–1384. 12. Ueda A, Wood T (2009) Connecting quorum sensing, c-di-GMP, pel polysaccharide, and biofilm formation in Pseudomonas aeruginosathrough tyrosine phosphatase TpbA (PA3885). PLoS Pathog 5: e1000483. 13. Karaolis D, Newstead M, Zeng X, Hyodo M, Hayakawa Y, et al. (2007) Cyclic di-GMP stimulates protective innate immunity in bacterial pneumonia. Infect Immun 75: 4942–4950. 14. McWhirter S, Barbalat R, Monroe K, Fontana M, Hyodo M, et al. (2009) A host type I interferon response is induced by cytosolic sensing of the bacterial second messenger cyclic-di-GMP. J Exp Med 206: 1899–1891. 15. Crossman L, Dow J (2004) Biofilm formation and dispersal in Xanthomonas campestris. Microbes Infect 6: 623–629. 16. Lee SW, Jeong KS, Han SW, Lee SE, Phee BK, et al. (2008) The Xanthomonas oryzaepv. oryzaePhoPQ two-component system is required for AvrXA21 activity, hrpGexpression, and virulence. J Bacteriol 190: 2183–2197. 17. Zeth K, Romer C, Patzer SI, Braun V (2008) Crystal structure of colicin M, a novel phosphatase specifically imported by Escherichia coli. J Biol Chem 283: 25324–25331. 18. Kauffman H, Reddy A, Hsiek S, Marca S (1973) An improved technique for evaluating resistance of race varieties to Xanthomonas oryzae. Plant Dis Rep 57: 537–541. 19. Mizukami T (1961) Studies on the ecological properties of Xanthomonas oryzae Dowson, the causal organism of bacterial blight of rice plant. Agric Bull Saga Univ 13: 1–85. 20. McCarthy Y, Dow JM, Ryan RPThe Ax21 Protein Is a Cell-Cell Signal That Regulates Virulence in the Nosocomial Pathogen Stenotrophomonas maltophilia. J Bacteriol 193: 6375–6378. 21. Michiels J, Dirix G, Vanderleyden J, Xi C (2001) Processing and export of peptide pheromones and bacteriocins in Gram-negative bacteria. Trends Microbiol 9: 164–168. 22. Dardick C, Ronald P (2006) Plant and animal pathogen recognition receptors signal through non-RD kinases. PLoS Pathog 2: 23. Swem L, Swem D, Wingreen N, Bassler B (2008) Deducing receptor signaling parameters from in vivo analysis: LuxN/AI-1 quorum sensing in Vibrio harveyi. Cell 134: 461–473. 24. Davies D (2003) Understanding biofilm resistance to antibacterial agents. Nat Rev Drug Discov 2: 114–122. 25. Tsuchiya K, Mew T, Wakimoto S (1982) Bacteriological and pathological characteristics of wild types and induced mutants of Xanthomonas campestrispv. oryzae. Phytopathology 72: 43–46. 26. Lee S, Ronald P (2006) Marker-exchange mutatgenesis and complementation stratages for the Gram-negative bacteria Xanthomonas oryzaepv. oryzae. Methods in Molecular Biology/Molecular Medicine. Totowa, NJ: Humana Press, Inc. pp. 11–17. 27. Labes M, Puhler A, Simon R (1990) A new family of RSF1010-derived expression and lac-fusion broad-host-range vectors for gram negative bacteria. Gene 89: 37–46. 28. Rocke D (2004) Design and analysis of experiments with high throughput biological assay data. Semin Cell Dev Biol 15: 703–713. 29. Seo Y, Sriariyanun M, Wang L, Pfeiff J, Phetsom J, et al. (2008) A two-genome microarray for the rice pathogens Xanthomonas oryzaepv. oryzaeand X. oryzaepv. oryzicolaand its use in the discovery of a difference in their regulation of hrp genes. BMC microbiol 8: 99. 30. Jeong K, Lee S, Han J, Yang S, Lee B, et al. (2008) Virulence reduction and differing regulation of virulence genes in rpf mutants of Xanthomonas oryzaepv. oryzae. Plant Pathol J 24: 143–151. 31. Han S, Park C, Lee S, Ronald P (2008) An efficient method for visualization and growth of fluorescent Xanthomonas oryzaepv. oryzaein planta. BMC microbiol 8: 164. 32. Lim S, So B, Wang J, Song E, Park Y, et al. (2008) Functional analysis of pilQ gene in Xanthomonas oryzaepv. oryzae, bacterial blight pathogen of rice. J Microbiol 46: 214–220. | 56,159 | 20,258 | 0.000051 |
warc | 201704 | We're sorry, but the page you were seeking does not exist. It may have been moved or expired. Perhaps our search engine can help.
I would like to raise my voice in support of the harbormaster's office in their efforts to renovate and improve the facilities here in Juneau. As a longtime sailor, now live-aboard, I would also like to remind everyone to take a deep breath and do a reality check. Whatever disruption and rate increases we may experience due to the gangway repair and reconfiguration of the electrical system are a necessary part of much-needed, long overdue repairs and improvements. (The electrical system is apparently in a somewhat hazardous condition.)
Increases in Juneau's harbor rates reflect both current and future improvements, as well as financial realities; our rates are still some of the lowest on the West Coast, and the increases are minor. The change in electrical billing is due to the need to reconfigure the delivery system - not an attempt to maximize revenue. The harbor office has also received a better bulk rate that will provide electricity at an overall lower cost. The switch away from individually metered billing is also driven by the eventual need to replace the wiring and pedestals on all the floats. If the flat rates discourage conservation and encourage some to excessive use, while others pay too much for minimal use, this should become apparent and lead to adjustments.
Raising your voice when City Hall is doing something wrong is OK, but we don't need a "tempest in a teapot;" we are only talking about an electric bill. Show me some serious injustice and maybe I'll get irate. Meanwhile, it's summer, and boats are supposed to be fun; so let's get back to it and let the harbor master do what he has to do.
Damon Cruz
Juneau | 1,790 | 962 | 0.001045 |
warc | 201704 | Here at the K-EARTH 101, we’re helping you ease the effects of skyrocketing gas prices with
Beat The Pump each morning with Gary Bryan, but there are even more ways to save even if you don’t win with us!
If you’re feeling the strain of gas prices when filling up your tank, try some of these tips to help make the pump go further with each fill up.
1.
Gas Apps: Rising gas prices? They have an app for that. If you’re a smartphone user, there are dozens of free apps that help you located the cheapest gas prices in your area. MapQuest, GasBuddy and CheapGas are just a few of the top free apps to make sure you’re not overpaying for gas.
2.
Discount Gas Cards: Not many know that you don’t have to pay full price for a gift card. Through the gift card site, GiftCardGranny.com, you can buy prepaid gift cards at a discounted price!
3.
Walk, Carpool or Stay at Home: The only guaranteed way to save money on gas is by not driving at all! No with the convenience of online shopping, you can buy almost anything and have it delivered to your door step.
If you live in a business area, just walk to your destination to save stress on your wallet and trying to find parking. Or if you need to drive somewhere, find others in your area that are interested in carpooling with ride share sites or apps like Carticipate.
4.
Avoid Highway Stations: Sure it’s convenient to fill up at a gas station right by your exit, but you’re definitely paying more for it. These stations charge more for the same gas you get down the road!
5.
Use Reward Cards: Many grocers offer gas reward perks in return for buying groceries at their stores. Make sure to hang on to those cash receipts for your reward balance and fill up at the designated stations for discounted cents off the gallon!
Want more ways to save? Check out all or money-saving tips featured for Tight Strings Tuesdays to get more bang for your buck!
[Source: WalletPop] | 1,970 | 1,047 | 0.000984 |
warc | 201704 | I recently explored the lesser known risks of epidural analgesia on The Healthy Home Economist.
In this way, a natural birth is an opportunity for redefinition and reconnection to one’s most core self. It is the way women were intended to pass through the gates of motherhood, to the next chapter of their actualization.
If you buy the potential significance of these considerations, you may want to know what represents your greatest obstacle and impediment in achieving this life milestone. You may be surprised to learn that it is
. This discussion is meant to shine a light on elective epidurals – that, “Why not? Who wants to feel crazy intense pain?” choice that 2/3rds of women (and up to 90% in some hospitals) opt for every day. In my opinion, the epidural intervention is the most reprehensible of all – because of its largely dismissed risk profile, and because of its auspicious position in a cascade of interventions, unnecessary, ill-conceived, and rife with unintended consequences including death. epidural analgesia
Read the full article here to discover the relevance of this medical intervention to mother and baby, and learn about alternative labor support options. | 1,216 | 691 | 0.001485 |
warc | 201704 | Lundin Mining Co. has applied to the Michigan Department of Natural Resources (DNR) for a 40-acre mineral lease (right side of photo) for exploration on State land near the Yellow Dog River, not far from the Eagle Mine. Both the Yellow Dog Watershed Preserve and Save the Wild U.P. have expressed strong concerns about the potential impacts to the river, nearby wetlands and endangered and threatened species in the area -- and are calling for a public hearing on the proposed lease. Click on photo for larger version. (Photo © and courtesy Jeremiah Eagle Eye. Reprinted with permission.)* [Editor's Note: This letter to the Department of Natural Resources from June Rydholm, who owns property near the Eagle Mine, is reprinted here with permission.)
Karen Maidlow, Property Analyst, Minerals Management
Michigan Department of Natural Resources (DNR)
P.O. Box 30452
Lansing, MI 48909
Dear Karen Maidlow,
This letter is with regard to land owned by the State of Michigan on the Yellow Dog Plains and next to the Yellow Dog River in Michigamme Township, Marquette County (40 acres, NE1/4 SE1/4, Sec.13, T50N, R29W).
I am a property owner on the west side of Eagle Mine and also on the east side. We have owned our property since 1949, and built a seasonal home there. The Eagle Mine mine has taken away the wilderness we have previously enjoyed.
I feel the DNR is mandated to care for the resources on Michigan-owned land for all citizens of Michigan, both living and future generations. Michigan is known throughout the country for our valuable natural resources.
You recently stated in an interview, "All we're doing is saying that if there's activity on state-owned land, we need to be paid for it. That's what the lease does." You must understand, however, that this public land is more valuable because its minerals have not been leased, because natural resources on the surface are not undermined or threatened by mine activity. What value does the DNR assign to silence, to the tranquility of being in a wilderness area, to the experience of seeing wild animals and sleeping to the sound of wolves howling at night? What value does the DNR assign to the health of the Yellow Dog River, spring-fed lakes, or a drink of pure, cold spring-water? How do you put a price-tag on the experience of a family picking a full pail of wild blueberries, kneeling in soft reindeer lichen, enjoying pine-fresh air unpolluted by industry?
Clearly, Eagle Mine has removed value from public land. They have taken away the resources I describe above, along with their ore. Their profits go to stockholders in other states and countries with precious little benefit for the citizens of Michigan. Future generations will not have the pleasure of breathing clean air and enjoying pure water. The mine has drawn up so much water from the aquifer that we cannot hand-pump our needs for the cabin. Animals we used to enjoy seeing are dislocated from their places of feeding and nesting: the mine already occupies so much acreage with noise, pollution and vehicle activity that our wildlife are forced from their native habitats. By allowing more mineral exploration, the DNR is not caring for Michigan's natural resources. The DNR will be leaving our children with holes filled with waste rock and tailings to replace the minerals extracted from below. Will our water ever be the same again?
Test-drilling for minerals on state-owned land must cease! The DNR must recognize that protecting all of our state’s natural resources is more than seeking glad-handing and backslapping from corporate executives. The constitution and laws of the State of Michigan are intended to serve the public, not the whims of Eagle Mine or Lundin Mining!
The DNR is not obligated to lease additional mineral rights simply because a mine requests them. Eagle Mine will be gone when they obtain what they came for, leaving a barren landscape in their wake. Michigan’s citizens deserve better. Our regulatory agencies must stop serving profit-minded shareholders and begin to preserve and protect the experience of wilderness as it was before the mine -- for all to enjoy.
I am asking you to deny Eagle Mine’s request for a new mineral lease on the Yellow Dog Plains (NE1/4 SE1/4, Sec.13, T50N, R29W). Please hold a public hearing concerning this lease request.
Sincerely,
June E. Rydholm November 8, 2014
November 8, 2014
*Editor's Note:For background on this mineral lease proposal see our Oct. 31, 2014, article "Eagle Mine seeks new mineral lease near Yellow Dog River, continues exploration."
The deadline for comments on this proposed lease was originally Nov. 20, but has been extended to Dec. 1, 2014. Concerned citizens can sign an online petition to the DNR to request that they deny this lease.
Click here to read more and sign the petition. | 4,855 | 2,291 | 0.000441 |
warc | 201704 | Medicaid Managed Care in the Era of Health Reform – Briefing and Panel Discussion Medicaid Managed Care in the Era of Health Reform – Briefing and Panel Discussion
Amid increasing state and national interest in using managed care delivery models for Medicaid beneficiaries, the Kaiser Family Foundation’s Commission on Medicaid and the Uninsured (KCMU) hosted a public briefing on Tuesday, June 25, 2013 to provide information on recent transitions from fee-for-service to managed care, and to discuss their implications for care access and delivery. Moderated by
Diane Rowland, Executive Vice President of the Foundation and Executive Director of the KCMU, the briefing began with an overview of national trends in Medicaid managed care from Julia Paradise, an Associate Director of the KCMU. Two panel discussions followed; the first shared insights from a joint KCMU-University of California, Berkeley study released that day that examines California’s recent transition of seniors and persons with disabilities to Medi-Cal managed care. This first panel featured Carrie Graham, Assistant Director of Research, Health Research for Action, U.C. Berkeley School of Public Health; Jane Ogle, Deputy Director for Health Care Delivery Systems, California Department of Health Care Services; and Howard Kahn, CEO, L.A. Care Health Plan. The second panel discussed national and state considerations for significant care transitions, including the use of managed care for more medically complex Medicaid populations, the Medicaid coverage expansion to low-income adults under the Affordable Care Act, and new approaches to delivering and financing care for dually eligible individuals. This second panel featured Trish Riley, Senior Fellow, Muskie School of Public Service, University of Southern Maine; Margaret A. Murray, Chief Executive Officer of the Association for Community Affiliated Plans; and Kevin Prindiville, Deputy Director of the National Senior Citizens Law Center. Podcast | 2,008 | 987 | 0.001025 |
warc | 201704 | The Washington legislature adjourned its 60-day session just before midnight Thursday night.
In the final hours, lawmakers passed a bipartisan update to the state’s two-year budget. They also sent the governor a bill to give military veterans in-state tuition to attend college. And reauthorized a fee that pays for homeless housing.
But it’s what lawmakers did not do this legislative session that may stand out most for voters.
No gas tax increase
One major item lawmakers could not agree on -- a gas tax increase to fund road projects and transit. It’s something Governor Jay Inslee has pushed for since taking office.
As the legislative session wound down, the blame game was just winding up.
“It’s obvious to me that over the last month the leadership in the House and the leadership in the Democratic side of the Senate were not interested in getting a revenue package out of the session,” said Republican Curtis King, co-chair of the Senate Transportation Committee.
Not so, responded Democrat Judy Clibborn, chairs of the House Transportation Committee. She blamed the Senate majority for not producing a gas tax package that could pass out of its own chamber.
“I am frustrated as anybody," said Clibborn. "We worked very hard to get this done. It’s been a year-and-a-half to two years for me.”
A $40 million penalty?
Item number two on the did-not-pass list: a requirement that school districts use a federally-approved student test for any teacher evaluation. Why does this matter? U.S. Secretary of Education Arne Duncan has told Governor Inslee without this requirement Washington could lose its federal No Child Left Behind waiver. And with it control of $40 million in federal funds to help struggling students.
House Democratic Leader Pat Sullivan called the testing mandate flawed and said he’s prepared to pay the penalty.
“So be it," he said. "If Arne Duncan wants to withhold 20 percent of funds from our poorest schools then I guess that’s his prerogative.”
Out in the Capitol Rotunda, State Schools Superintendent Randy Dorn was incensed at the bill’s demise.
“Adults not doing what’s right for kids,” he said.
Dorn blames the state’s teachers union for killing the bill.
Separate pot markets
Item number three on the did-not-pass list: a plan to roll Washington’s medical marijuana market into the state’s new, recreational pot marketplace. Republican State Senator Ann Rivers, one of the lead proponents of this merger, says Washington’s current unregulated medical marijuana industry is an invitation for federal intervention.
“We’re not showing a good faith effort to get it under control so the feds have nothing to judge us by.”
But Democrat Roger Goodman in the Washington House believes it was premature to change the medical marijuana system and it would have hurt patients. He wants to wait a year and isn’t worried about the feds sweeping in.
“They’re watching closely, we’re listening carefully," says Goodman. "I think the chances of federal intervention are limited particularly as we show to them and continue to communicate with them that we’re working on it in advance of the next legislative session.”
So what else died in the Washington legislature this year? Dueling proposals on the minimum wage. A tax on e-cigarettes. And a ban on gay conversion therapy.
But the past 60-days in Olympia also featured some surprising bipartisan breakthroughs. A big one: undocumented students won access to state financial aid to attend college. But there’s no guarantee they’ll get that money because the program is already underfunded.
Much of this session was about the fall elections ahead. Control of the Washington Senate looks like it’s up for grabs for the first time in a decade. | 3,911 | 1,901 | 0.000554 |
warc | 201704 | Innate Pharma has received a €14M milestone payment from BMS as their combination therapy targeting two checkpoint inhibitors progresses in the clinic. Innate Pharma is a French biotech developing therapeutic antibodies to treat cancer. It has a license agreement with Bristol-Myers Squibb, regarding its candidate Lirilumab. Now, positive preliminary results in Phase I/II trial testing Lirilumab and BMS’s blockbuster Opdivo (nivolumab) for the treatment of squamous cell cancer of the head and neck (SCCHN) have triggered a €14M ($15M) milestone payment from BMS.
Innate Pharma’s Lirilumab targets killer-cell immunoglobulin-like receptors (
KIRs), while BMS’s Opdivo is an immune checkpoint inhibitor that blocks programmed cell death protein 1 ( PD-1).
Both are
checkpoint inhibitors, drugs that can disrupt the immunosuppressive activity of tumors and enhance the immune response. The treatment under development is the first using a combination of anti-KIR and anti-PD-1 antibodies, which targets both natural killer and T cells.
Innate Pharma seems to be doing well so far in the seven clinical trials it is running with lirilumab. In addition, the biotech has a second agreement with big pharma. Its candidate
Monalizumab, co-developed with AstraZeneca, is currently being evaluated for five cancer indications and has reached Phase I/II as well.
The biotech seems now to be getting ready for the next step, late-stage clinical trials. Recently, Innate Pharma’s CEO was replaced by
Mondher Mahjoubi, former Head of Oncology at AstraZeneca, who has experience leading late-stage projects.
Despite everything seems to be running smoothly for the company, immuno-oncology is a field where it will likely encounter plenty of competition, especially in blood cancer indications. Although
Roche’s Tecentriq and MSD’s Keytruda, which target the PD-1 ligand, PD-L1, will be big contenders, BMS’ combination therapy could improve the outcomes. Servier, in France, is also targeting more than one immune checkpoint inhibitor with bispecific drugs. However, it is still in preclinical stage, far behind Innate Pharma. Regardless of who takes over the market, it looks like the next few years will finally offer new options with better efficacy for patients suffering cancer worldwide. Images from Juan Gaertner/Shutterstock, Innate Pharma | 2,393 | 1,211 | 0.000846 |
warc | 201704 | In response to new treatments, cancer came back stronger and more resistant than ever. Medicine’s counterattack will be more effective with a clear target.
How do you solve a problem like
drug resistance in cancer research? There’s no clear-cut answer yet, not least because the disease can vary so widely. But there has been some exciting research working around drug resistance e.g. lung cancer therapies.
As an example,
EGFR is overexpressed in a number of cancers, including squamous cell lung cancer. The first generation of drugs, tyrosine kinase inhibitors (TKI’s), worked by checking its up-regulation. However, tumors quickly developed resistance to these treatments, presenting a new challenge to medical researchers.
It was discovered that a mutation,
T790M, is present in over 50% of TKI-resistant tumors: consequently, it became the target of second- and third-generation lung cancer therapies. But this leaves almost half of drug-resistant lung cancers without explanation or a target, so there is a nearly 50% chance that the second line of treatment will be ineffective.
A
biopsy of the tumor is usually the primary means of analysis, but these are invasive and often only single-use: there is not enough genetic material to do a second test as confirmation of the result. Alternative methods to test for drug resistance mutations are therefore being investigated, and the most promising thus far is cell-free DNA (cfDNA) analysis.
In this method, blood/plasma is collected from the patients’ venous blood and prepared for the extraction of cancer cell DNA. However, cfDNA is fragmented and present only in
tiny amounts; and DNA from other cells is also circulating, which make the DNA belonging to the tumor even more difficult to detect. These factors lead to the necessity of a really sensitive system to extract the DNA and then analyze it with digital PCR and/or next-generation sequencing.
PCR is well-established, and there are solid options for NGS workflows for various suppliers but reliable extraction of cfDNA is still a key bottleneck within this workflow.
Sample Volume
Since it’s difficult to obtain substantial quantities of cfDNA from plasma, it would be best to select an extractor that can handle the largest sample sizes possible. The highest volume currently available is
10 mL from PerkinElmer. Efficiency
How much bang do you get for your tissue buck? Given that your goal is to extract as much cfDNA as possible,
high speed and throughput can be valuable features. With the chemagic 360 research instrument, PerkinElmer allows the extraction of up to 5 ng cfDNA/ml plasma in fast processing times of 24 samples from 2 – 5 mL sample volume within 120 minutes and 12 samples from 8-10 mL sample volume within 90 minutes. Downstream Suitability
As test related to cfDNA usually require quality-demanding downstream applications like real time/digital PCR, methylation analysis, array technologies, NGS workflows, reliable nucleic acid extraction as the initial step is unalterable. Furthermore, maximum flexibility in sample throughput and automation-grade like the use of liquid handling robotics are of great benefit.
Knowing your target will greatly bolster your effort to undermine a cancer’s drug resistance. A good
nucleic acid extraction instrument with mutation identification from cfDNA can save you time and anxiety over whether or not your results are reliable. If you want to know more about chemagic 360 or think this reliable high volume, high throughput nucleic acid extractor sounds like a good investment for you, drop PerkinElmer a line! For Research Use Only. Not for use in Diagnostic Procedures. US: For Laboratory Use Only. Not Intended For Use in Diagnostic Procedures. Images: Srirat, Romaset, anyaivanova / shutterstock.com | 3,841 | 1,917 | 0.000529 |
warc | 201704 | Monday, August 29, 2011
Heidi Reamer Anderson (Florida Coastal School of Law) has posted Funding Gideon's Promise by Viewing Excessive Caseloads as Conflicts of Interest on SSRN. Here is the abstract:
Some states recently have attempted to legislate around a defendant’s constitutional right to effective assistance of counsel via a novel two-step method. Step one is to allocate insufficient funds for public defense, which results in excessive caseloads for public defenders. Sadly, that step is nothing new. Step two - the one that has slipped by without sufficient notice or criticism - is to bar a public defender from withdrawing from representation based on his excessive caseload. Ultimately, this statutory two-step further entrenches the systematic deprivation of defendants’ Sixth Amendment rights to effective assistance.
In this article, I urge courts to “constitutionalize” the excessive caseload problem via two steps of their own. First, courts explicitly should recognize that excessive caseloads create unethical conflicts of interest for the public defenders laboring under them. Second, courts should equate excessive caseload conflicts with joint representation conflicts. Once viewed as that type of conflict, excessive caseloads then would be evaluated under Sullivan’s “adverse effect” test instead of under Strickland’s more stringent “actual prejudice” test. Under Sullivan, the most egregious excessive caseload conflicts could be deemed unconstitutional. As a result, courts effectively could require states to do what few legislatures are willing to do on their own - finally provide adequate funding for indigent representation consistent with Gideon’s promise.
http://lawprofessors.typepad.com/crimprof_blog/2011/08/anderson-on-viewing-excessive-defense-caseloads-as-conflicts-of-interest.html | 1,885 | 956 | 0.001081 |
warc | 201704 | Wednesday, March 23, 2011
There are two new pieces on SSRN that touch on judicial takings. First, John Martinez (Utah) has posted No More Free Easements: Judicial Takings for Private Necessity. Martinez writes, "This article bridges the fields of constitutional judicial takings and the common law of easements that arise because of private necessity. The article suggests that the law of takings requires payment when a court declares that an easement should be established because of private necessity."
Second, Amnon Lehavi (Radzyner) has submitted Judicial Review of Judicial Lawmaking (Minnesota Law Review). Here's the abstract:
“It would be absurd to allow a State to do by judicial decree what the Takings Clause forbids it to do by legislative fiat… the particular state actor is irrelevant.” Justice Scalia’s statement in the Stop the Beach Renourishment case, made as a basis for recognizing a “judicial taking” doctrine in constitutional property law, may have overreaching jurisprudential consequences. These implications involve not only the allocation of powers among the different branches of government and the modern role of courts as rule-makers, especially in common law doctrines. This recent opinion also bears significantly on what one may term the “judicial review of judicial lawmaking.”
While this term may initially seem odd, it represents a crucial dilemma about the role that the U.S. Supreme Court should play in reviewing certain types of state court actions. Assume that a state court of last resort alters the state adverse possession doctrine, by eliminating the requirement that the possession has to be “continuous for the statutory period,” an element that had been set up in its previous case law - in a manner that systematically impacts the rights of landowners. When the U.S. Supreme Court reviews a subsequent judicial taking case, should it simply step in for the state court in finding “what the law is” and, in appropriate cases, say that the state court was wrong, as is the case with conventional appeals within the judicial branch? Or should the Court engage in the “classic” type of judicial review that often defers to the policymaker, as if it were examining a legislative or administrative provision? If we recognize the state judiciary as lawmaker, should it indeed receive no special treatment by the Court? The purpose of this Article is not to engage in tautological exercises or to merely demonstrate incoherence in the Stop the Beach case. Rather, it seeks to identify some major, yet probably unintended, implications that result from the conceptualization of the judiciary as both lawmaker and “state actor” in a constitutional regime. In so doing, the Article offers an innovative theoretical approach, providing guidance to key dilemmas that have been left largely unresolved since the landmark Shelley v. Kraemer decision.
Steve Clowney
http://lawprofessors.typepad.com/property/2011/03/two-on-judicial-takings.html | 3,068 | 1,554 | 0.000663 |
warc | 201704 | Mentioned in? References in periodicals archive?
The effect is imprecisely estimated because in many of these countries increased financial depth might be due to directed finance and poor lending standards.
However, the court acknowledged that at the summary judgment hearing, despite the best efforts of the Superior Court to clarify the claims Barbara intended to pursue, Barbara described her lack of consent claim imprecisely.
The author argues that the theories of participatory democracy, deliberative democracy, direct democracy, difference democracy and cosmopolitan democracy all contain limitations on the range of institutions that can be analyzed and significant elements of democratic practices can be overlooked if the theories are applied imprecisely.
Although he expressed his preference for an episcopal polity (yet not as a matter of dominical mandate) and would thus have been open in principle to the fourth item of the Chicago-Lambeth Quadrilateral of 1886-88, Loehe would have balked at its imprecisely worded third proposal concerning the two chief sacraments:
To discover how problematic the concept is and how imprecisely we use the term 'nationalism' one only has to read the Preface and Introduction of Anthony D.
The previous study (1399-MSL) stated imprecisely only yellow, probably because it was a brief report for one representative official colour for each previous regime.
Fuzzy finite element approach for the analysis of imprecisely defined systems, AIAA Journal 33(12): 2364-2370.
This article has been revised to reflect the following correction: Correction: October 26, 2012 An earlier version of this article described imprecisely the status of Jafar Panahi, a convicted Iranian filmmaker.
Erastianism is a historical term often used imprecisely as a virtual synonym with Max Weber's caesaropapism, that is, a more or less absolute dominance of the civil authority exercised over spiritual matters and ministry.
In contrast to the (controversial) 'objectless' understanding of OSR, CSR does accept objects (which Cao often a bit imprecisely refers to as 'entities') in its ontology.
This modern logic suggests that fact-finders first assess evidence of an imprecisely perceived and described reality to form a fuzzy degree of belief in a fact's existence, and they then apply the standard of proof by comparing their belief in a fact's existence to their belief in its negation.
LDL, the imprecisely named "bad" cholesterol, has several different subtypes, and not all of them are bad at all--quite the contrary.
Legal browser? ▲ Impostor Rule impostrous Imposts imposture impotence impotency impotent Impotentia excusat legem impound impoundage impounded impounding Impoundment impoverish impoverished impoverishment impower Impracticability impracticable impractical impracticality imprecation imprecation of evil imprecise imprecise statement imprecisely imprecision impregnability impregnable impregnate impregnation Imprescriptibility imprescriptible obligations impress impress by repeated statement impress on impress upon the memory impress upon the mind impress with mark impressed with oneself impressible impression impression of fingers impressionable impressive impressive effect impressiveness impressment imprest Imprimatur Imprimery ▼ Full browser? ▲ imprecate imprecate imprecated imprecated imprecates imprecates imprecating imprecating imprecation imprecation imprecation imprecation imprecation of evil imprecations imprecations imprecations imprecations imprecator imprecator imprecatory imprecatory imprecatory imprecatory imprecise imprecise imprecise imprecise imprecise chip Imprecise probability imprecise statement imprecisely impreciseness impreciseness imprecision imprecision imprecision imprecision imprecisions imprecisions Impredicative Impredicativity IMPREG Impregn impregnability impregnability impregnability impregnable impregnable impregnable impregnablely impregnablely impregnablely impregnableness impregnableness impregnableness impregnably impregnably impregnably Impregnant impregnatable impregnatable ▼ | 4,125 | 1,810 | 0.000557 |
warc | 201704 | References in periodicals archive?
1 (Tensor square conjecture) For every n [greater than or equal to] 3, n [not equal to] 4,9, there is a partition [mu] [perpdicular to] n, such that tensor square of the irreducible character [[chi].
Another challenge to the interpretation of life in Aristotle as an actualization of an irreducible potential derives from Aristotle's recognition of the phenomenon of spontaneous generation, a phenomenon thought to occur when a living being arises out of material constituents that happen to be disposed in an appropriate manner, even though no parent imparting form is present.
A bridge is irreducible if it cannot be written as the concatenation of two or more smaller bridges.
Given a finite group G, let Irr(G) be the set of its irreducible ordinary (finite-dimensional, complex) representations V.
Shareholders or transferees of their preferential subscription rights which, relative to the subscription on an irreducible basis, may not hold a sufficient number of existing shares or preferential subscription rights to obtain a whole number of New Shares, will be able to buy or sell the number of preferential subscription rights necessary to reach a multiple giving a whole number of New Shares.
The irreducible characters of G can be partitioned as A[union]B where A = {[phi] [member of] IrrG|Ker[phi] [contains] N} and B = {[phi] [member of] IrrG|Ker[phi] [?
6), from the assumption that A is irreducible, that
This critical, Enlightenment element is critical for both Derrida and Caputo, who do not celebrate or perpetuate specific, determinate mysteries or secrets, but attend to the irreducible secrecy of language and reason.
We do not shut down medical schools or charge drug research laboratories with fraud on the ground that the science of medicine commits the naturalistic fallacy--confusing the oughtness implied in a prescription with the irreducible is-ness of science.
The soap bubble and the spider's web are perfect examples of structures that are irreducible -- just exactly as strong as they need to be, impossible either to add to or subtract from.
The book theatricizes and allegorizes certain moments lived at the intersection of life and death, dream and reality, the rational and the strangely irreducible.
I am left regarding white people, before knowing them individually, with irreducible mistrust and dull dislike," he writes.
Legal browser? ▲ iron iron grip iron rule iron will ironbound ironclad ironclad agreement ironhanded iron-handed ironia ironic ironical irony irrational irrational conclusion irrational terror irrebuttable irreclaimable irreconcilability irreconcilable irreconcilable differences irreconcilableness irrecoverable irredeemable irredeemable bill irreducible irreformable irrefragability irrefragable irrefragably irrefragibility irrefutability irrefutable irrefutably irregular Irregular deposit irregular marriage irregularity irrelated irrelation irrelative irrelevance irrelevancy irrelevant Irrelevant evidence irreligious irremediable irremedial irremovable irrepair irreparable ▼ Full browser? ▲ irredeemablely irredeemableness irredeemableness irredeemableness irredeemableness irredeemableness irredeemables irredeemably irredeemably irredeemably irredeemably irredeemably irredenta irredenta irredenta irredentism irredentism irredentism irredentist irredentist irredentist Irredentists Irredentists Irredentists Irredenzia irreducibility irreducibility irreducibility irreducibility irreducibility irreducible Irreducible Binary Cyclic Code Irreducible Brillouin Zone Irreducible Case Irreducible Case Irreducible Case (cubic) Irreducible Case (cubic) Irreducible complexity (Emergence) Irreducible Discrete-Time Markov Chain Irreducible element irreducible equation Irreducible Finite-Alphabet Markov Source Irreducible fraction Irreducible fraction irreducible function Irreducible Green Function irreducible hernia irreducible hernia irreducible hernia Irreducible Hierarchical Mixtures-Of-Experts Irreducible Inconsistent Subsystem irreducible lambda expression Irreducible module Irreducible polynomial irreducible representation of a group irreducible saturation irreducible tensor irreducibleness irreducibleness irreducibleness irreducibleness ▼ | 4,295 | 1,786 | 0.000565 |
warc | 201704 | “ To those critics who are so pessimistic about our economy, I say: Don’t be economic girlie men!” – Arnold Schwarzenegger
While writing my 2008 State of the Household financial report I got this germ of an idea that kept popping into my head:
π What if I agreed to let Arnold Schwarzenegger be my household CEO?
But why? Why would such a horrible thought pop into my head at all? Wouldn’t the ramifications be frightening?
As many of you probably know, Arnold was elected to be the governor of California back in 2003 and under his leadership he allowed the state legislature to spend the one-time Golden State into a fiscal hole the size of the Grand Canyon. By early 2009, the state was in debt to the tune of a staggering $42 billion!
In fact, at one point things were going so well in California that the state was paying income tax refunds with “warrants.” Unfortunately, folks intending to spend those warrants at the local Home Depot were out of luck because there was no money in the state coffers to back them up.
So what
would happen? Upon further reflection here are just a few examples I came up with, prefaced with some related Arnold quotes, of course. π
Let me know if you can come up with any others…
1.
“I don’t know what the problem is, but I’m sure it can be solved without resorting to violence.” from the movie Twins One of the hardest jobs in running a household is enforcing the budget. Kids especially have a hard time accepting this little reality and at times it results in some heated discussions. But if Arnold was in charge those battles would be avoided because he would let them get everything their little hearts desired. Giving the kids what they want keeps them pacified and makes life so much easier on me and the Honeybee. Says Arnold: Of course, the household can afford it; that’s why they invented credit cards.
2.
“Look at those deltoids! Look at those calves!” – Arnold to reporters on the virtues of the Hummer
The Honeybee and I would ask for and receive two brand new luxury cars that we would be allowed to trade in every couple of years for new models. The Honeybee would immediately ditch her 2001 Honda Odyssey for a Cadillac Escalade. As for me, I’d choose to ditch my 1997 Honda Civic for something like a 7 series BMW. That is until Arnold recommends the Hummer. After all, he was the proud recipient of the very first one back in 1992.
3a.
“Big mistake.” – from the movie Eraser
3b.
“Yes, could I speak to the drug dealer of the house, please?” – from the movie Last Action Hero
I would be allowed to move my family of four from my modest 3 bed/2.5 bath 2000 square foot home into a freshly built 4500 square foot McMansion with seven bedrooms, six baths, four-car garage and mother-in-law quarters. Since the house is brand new, we’d be permitted to go buy new furniture for every room in the house. In order to finance the furniture, we’d put almost zero down on the house, buying it with one of those flexible negative amortization loans. We’re livin’ large and life is good. But our new neighbors, knowing what I do for a living, assume the only way we can truly afford the house is through nefarious means.
4a.
“My body is like breakfast, lunch, and dinner. I don’t think about it, I just have it.” – Arnold on Arnold
4b.
“They say breakfast is the most important meal of the day!’ – from the movie End of Days
4c.
“I eat green berets for breakfast and right now I am very hungry!” – from the movie Commando
4d.
“Thank you for the cookies; I look forward to tossing them.” – from the movie Twins
We’d get take-out for dinner five days a week. And because it is important that the family also get together around the dinner table for bonding purposes, we’d hire a personal chef to cook us dinner on the other two days. Come to think of it, we’d have the chef cook us breakfast, lunch and dinner on those days. The chef would do all of his shopping only at Trader Joes, Pavillions, or one of those other high-end grocery chains because Costco and Food-for-Less are for pansies and girlie-men.
5.
“..the people of California have been punished enough. From the time they get up in the morning, they go and get coffee; they’re taxed… And this goes on all day long. Tax, tax, tax, tax, tax.” – Arnold in a political ad during his 2003 run for governor
Arnold would issue an edict for us to sell the Bunn coffee maker and toss the Costco-sized Folgers sitting in the kitchen pantry. That’s because his new household strategic plan calls for anyone with a jones for java to make a run to Starbucks (in the Hummer, of course). His Starbucks strategy, based upon a just-in-time inventory paradigm used by many successful businesses, would be implemented to cut carrying costs and maximize return on investment. I learn what a barista is and how to differentiate between a grande, venti, and tall. I even stop criticizing the Honeybee for her love of caramel macchiatos.
6.
from the movie “If I am not me, who the hell am I?” Total Recall
6b.
“So you cooked up a story and dropped the six of us in a meat grinder?’ – From the movie Predator
We may not be wealthy, but we are certainly playing the part! The best part is our neighbors and friends don’t even know the the difference! Or do they? Our earlier mantra of living within your means and striving for a life of financial freedom has been replaced with a complete lack of financial discipline. And why not? As long as the credit lines are open, everything is going to be fine. Never mind the fact that the
debt being piled up today is dramatically lowering my future standard of living and forcing me into a life of indentured servitude.
7.
“Hasta la vista, baby” – from the movie Terminator 2
With our household finances leveraged to the hilt, this classic line from
Terminator 2 is perfect regarding our once-stellar credit rating.
8.
“I like the color red because it’s a fire. And I see myself as always being on fire.” – Arnold on his favorite color
Why couldn’t Arnold’s favorite color be black? If it was, maybe we wouldn’t be buried in debt. Instead, our credit cards are now maxed out. The multiple car payments are a killer, and we no longer have enough money at the end of the month to cover the every day costs of just heating and cooling the McMansion. Our savings are gone. We can’t refinance because we owe more than our house is worth. We’re still putting on a great act for our friends and neighbors though.
But we’re now one layoff, unforeseen expense, emergency or health incident away from becoming officially unable to pay our bills.
9.
“I’ll be back.” – from the movie Terminator
Not as my household CEO you won’t, Arnold. You’ve just been terminated.
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warc | 201704 | Crystal Meth Over the last couple of years there has been increasing talk of crystal meth, which also goes by names such as Ice, Glass, Tina, Christine and yaba. It’s taken its time but crystal meth has started to hit the scene in London - especially when it comes to sex parties. So, what is it?
Firstly it’s an amphetamine which can be smoked or injected, in much the same way as crack cocaine. It can make you feel exhilarated and also produces increased arousal and activity and also it suppresses your appetite and makes you feel more alert. You also experience a rush similar to that when crack cocaine is smoked but it can last for up to 12 hours.
There are numerous downsides to all this. Firstly the come down can make your emotions run wild and cause you to become irritable. Many men find they suffer from ‘crystal dick’ and start to use Viagra™, resulting in the ultimate aphrodisiac. Great if you want endless hedonistic, no-strings sex along with an increased libido, prolonged duration of arousal and delayed ejaculation. This can mean intensive, non-stop sex marathons with multiple partners lasting up to several days at a time.
Due to crystal’s anaesthetising effect, users may be unaware of serious damage they are inflicting on their sexual organs. “I had been fucking for damn near six hours straight and it was not painful,” describes an LA user, “but my dick was like the hunchback of Notre Dame. Another time I had a cyst on the shaft of my dick removed in the doctor’s office!”
It has also been reported that ‘tops’ can become ‘bottoms’ and vice versa as well users being more likely to engage in fisting and barebacking. You may feel totally insatiable but potentially at the cost of your, physical mental and sexual health.
The association between sex and crystal becomes so strong, that users find it hard to break their cycle of use.
SIDE EFFECTS
Loss of sex drive
Erectile dysfunction aka crystal dick Impotence Agitation Paranoia Confusion and violence Methylamphetamine-induced psychosis WHEN TAKEN WITH VIAGRA™ Increased heart rate and blood pressure Increased risk of cardiac arrest THE RISKS
You’re more likely to bareback
Hyper promiscuity Increased chance of rectal tears Abrasions and sores developing around sexual organs leading to increased risk of HIV transmission Methylamphetamine use can be associated with injecting and with sharing of paraphernalia with attendant risks of HIV and hepatitis virus infections. | 2,552 | 1,361 | 0.000764 |
warc | 201704 | We at The Bahnsen Group have been clear in our forecast that you will not raise rates at the coming meeting of the FOMC September 16 and 17. In fact, I recently went all-in on this forecast on CNBC. The purpose of this letter is to plead for you to make me wrong.
The arguments for why we do not believe you will raise are simple:
1) You stated you’re targeting a 2% inflation rate, and you certainly aren’t getting it yet. 2) A headline unemployment number of 5.1% looks well below the level needed to justify a rate increase, but the internals are uglier than 5.1% would suggest – anemic wage growth, and high under-employment as measured by part-time workers who want full-time work and people leaving the labor force. 3) Perhaps most significantly, we believe the Fed views part of their job as enabling asset price growth, and recent events in Europe (July) and then China (August) suggest that more global asset price instability lies ahead, leaving you feeling vulnerable about the impact of a rate increase at this time.
So we believe that for these three reasons you are unlikely to yet raise rates.
But our opinions about what will happen should not be confused with what we believe ought to happen. We would be remiss if we did not point out the obvious:
Read more at AffluentInvestor | 1,317 | 751 | 0.001354 |
warc | 201704 | Eat Broccoli with Mustard to Boost the Nutritional Value of Both (and Other Strange, Healthy Food Pairings)Alan Henry6/18/12 5:00amFiled to: HealthNutritionFoodDietwellnessMedicineStudiesCookingEatingKitchenLifestyle33EditPromoteShare to KinjaToggle Conversation toolsGo to permalink Real nutrition is a complicated, individual science, and there's no magic bullet, but some foods do complement each other in odd ways that can help you get the most nutritional benefit from both. The trick is figuring out how to get both of them in your diet at the same time. Broccoli, for example, is great for you, but cooking it can inhibit your body's ability to absorb some of its benefits. Add a dollop of mustard, which contains the enzyme you need (and that cooking destroyed) to maximize its health benefits. Advertisement Skeptical? Here's the science behind it. Broccoli—and other dark green vegetables—are high in a compound called sulforaphane, which shows antidiabetic and anticancer properties. Trouble is, cooking broccoli destroys an enzyme called myrosinase, which we need (in moderate quantities, since it's actually part of a plant's natural defenses against being eaten) to fully absorb the sulforaphane. A 2011 study in the British Journal of Nutrition indicated that if you must eat your broccoli cooked, add a dollop of mustard, since the condiment is actually high in myrosinase, and will help your body get the full benefit from the broccoli.Eating Well magazine shared this tip, and they present a few other unusual-but-healthy flavor combinations as well: pairing salmon with tumeric as a way to bolster the body's defenses against specific types of cancer, according to a study in the journal BMC Cancer, and pairing beans (high in iron) with leafy greens (high in vitamin C, which helps your body absorb iron), for example. For even more interesting pairings, hit the link below. What do you think? Thinking of some new dinner recipes already, or still skeptical? Let us know what you think in the comments below. Advertisement Foods That Are Healthier Together | Eating WellPhoto by torbakhopper.Gear from Kinja DealsAdorn Your Desk in Walnut and Leather with GrovemadeBestsellers: Panasonic Vortex Nose and Ear Hair TrimmerSunday's Best Deals: Protein Sale, ThinkPad Yoga, Wireless Flash Drive, and MoreReply33 repliesLeave a reply | 2,360 | 1,260 | 0.000798 |
warc | 201704 | Write Down Every Time You Spend Money to Trick Yourself to Save MoreMelanie Pinola8/29/14 7:34amFiled to: saving moneymoneymind hacksspendingpersonal finance191EditPromoteShare to KinjaToggle Conversation toolsGo to permalink Saving money isn't easy; in fact, we're wired not to do it. So little mental tricks like forcing yourself to document when you spend money could handily prevent you from overspending. This advice comes from psychologist Dr. Ryan T. Howell, who studies the psychology behind spending, and tipped the Muse on how to spend money more wisely and happily: Advertisement Advertisement There are things you can do to limit the pleasure of buying in the moment. For example, people report that shopping is often an emotion-fueled experience. But what we found is that there's something about tracking your spending that takes the emotional, addictive quality of shopping away—and makes it rational.So one way to train your brain is to instill a rule that, any time you spend, you have to write it down. We found that just the knowledge that you have to track a buy makes it more difficult to make those spur-of-the-moment purchases. You're much more likely to spend your money in wise ways.Check out the full interview for more tips on making better spending decisions.How to Train Your Brain to Make Better Money Decisions | The Muse Sponsored Photo by torbakhopper.Gear from Kinja DealsVESELcase is the Bumper Case Your iPhone DeservesBestsellers: Merkur Safety RazorsSunday's Best Deals: Protein Sale, ThinkPad Yoga, Wireless Flash Drive, and MoreReply19 repliesLeave a reply | 1,603 | 934 | 0.001075 |
warc | 201704 | Human activity often causes a decline in the local density of plant populations. Below some critical lower density, populations may suffer a progressive decline in reproductive success because of the difficulties associated with finding suitable mates. Therefore, to conserve endangered plant species it is necessary to understand in greater detail how changes in population density affect different determinants of plant reproductive success. We simultaneously recorded individual plant pollination success, reproductive effort and fruit parasitism in three populations of Cistus ladanifer L. in eastern Portugal. Pollination success declined significantly as distance to the nearest conspecific increased (p<0.001). However, reproductive effort and fruit parasitism showed the opposite pattern (both p<0.001). On average, plants farther than 1 m from their nearest conspecific suffered from three times more fruit parasitism compared to plants closer to a conspecific. Overall, net female reproductive output decreased as nearest neighbor distance rose (p<0.001). Thus, isolated plants were able to compensate only partially for reduced pollination success through increased reproductive effort. We conclude that management plans for plant populations should recognize that reproductive success is the accumulated result of several different processes, which may each respond to plant density in different ways. | 1,415 | 690 | 0.001451 |
warc | 201704 | About eight months ago, a member of my church asked me whether I would help a friend suffering a string of bad luck to get back on her feet. Since it's my job to feed people, I couldn't say no - but there was more to her story.
A Lubbock resident, this young woman was suddenly faced with single motherhood and a child with medical needs. Despite an advanced degree in communications, she was unable to find a job that would let her pay all her bills at once. As a result, she was confronted with the unthinkable choice between paying for her new child's medical care and putting food on their table.
She is not alone. Forty-four percent of South Plains Food Bank clients reported having to make the decision between paying for medical bills and purchasing food, according to a recent study released by Feeding America, a domestic hunger-relief charity whose mission is to feed the nation's hungry through a nationwide network of member food banks.
Fifty-seven percent of clients report having to choose between paying for food and paying for utilities. And 49 percent had to choose between paying for food and paying for rent or mortgage.
Luckily, she found Lubbock takes care of its own. She was able to go to the local office of the Texas Health & Human Services Commission and receive food stamps to supplement her budget. She was also able to visit the South Plains Food Bank and receive a box of emergency food.
She is not alone. In Lubbock, the South Plains Food Bank and its network of agencies provide food for an estimated 83,800 different people annually. In any given week, 11,000 different people receive assistance. Only 30 percent of South Plains Food Bank clients are receiving food stamps; however, it is likely that more are eligible.
Weeks later, I was the lucky one - I hired this remarkable young woman, and she is now working her way into a stable, secure life and no longer needs food stamp assistance. But this outcome wouldn't have been possible without the bridges Lubbock has established to help those who struggle with hunger.
She is not alone. Many of our clients are trying to work their way out of hunger and poverty. Forty-five percent of food bank client households include at least one employed adult. However, 76 percent have incomes below the official federal poverty level.
The food bank is a private charity, but much of the food in our emergency box comes from the USDA - a public institution. Likewise, the food stamps that helped my new employee bridge the gap between income and expenses were provided as a public service, paid for by all of us to help those of us in need.
On Monday, May 17, several members of Congress were in town to review the Farm Bill, a piece of legislation that - you guessed it - helps farm communities like Lubbock.
However, you might be surprised to learn the majority of this bill is not about crop futures, but the future of struggling Lubbock families. The nutrition programs governed by this bill are the bedrock of our nation's collective response to hunger, and a big reason why my new employee can plan a bright future for her family.
She is not alone. Many local families are in need of the nutritional programs within this bill. Here on the South Plains, one in 4 children is food insecure. Although many are on the free and reduced lunch program at school, their families struggle to feed them at night and on the weekend.
As a state, Texas leads the nation is childhood food insecurity for children 18 and under. More than 22 percent of Texas children have no idea when and where their next meal will come from; or if they will receive a meal at all.
Not only do these programs help our hungry neighbors, they also help our community economically. The food stamps my new employee used to feed her child were spent on local grocers, many of whom source from - you guessed again - local farmers. The USDA estimates every dollar she spent resulted in $1.84 in economic ripple effects right here in Lubbock.
Remind my employee, your neighbor, that she indeed is not alone. Lubbock is a town full of people who care for their neighbors. Congress should know we want to keep it that way. | 4,178 | 1,981 | 0.000507 |
warc | 201704 | As an inventor, I was taught that patents encouraged creativity and entrepreneurship. So, after finishing my first TV-B-Gone universal remote control prototype, I naturally called my brother the patent attorney, and together we filed a patent application.
Was that the best move? TV-B-Gone remote controls are key chains with one button that make it fun to turn off almost any TV in public places. Oddly enough, within weeks of the first day of sales, the TV-B-Gone story appeared in major and minor newspaper, magazine, radio, and even TV outlets throughout the planet. It was a hit!
With this vast popularity, what might have happened if my packaging had not displayed the words: “Patent Pending� Maybe it stopped some large companies from copying TV-B-Gone remotes, since selling copies would open them up for being sued once my patent was granted.
Would it be different if my product were open source? I knew about open source, of course, but never considered it viable for hardware until going to my first hacker convention. There I met people who are very critical of patents and other forms of intellectual property law. They see these laws as obsolete and obnoxious. Individuals who want to hack cool ideas to improve upon them and share their results are often preyed upon and silenced by corporate lawyers protecting their clients’ patents. Paradoxically, this stifles the creativity that patents were supposed to encourage. This point of view was an eye-opener for me.
I decided to go for it. Together with Limor Fried (who makes lots of great kits), we’re making open source kits available so anyone can build and hack TV-B-Gone remote controls (look for an upcoming MAKE article about this). The firmware source code will be available online, as well as the board layout, lots of TV power codes, and all documentation.
Even though my project was not open source, I benefited from the open source community. People hacked TV-B-Gone remote controls in wonderfully creative ways. (Search online for “TV-B-Gone hacks†and you’ll get the idea.) These hacks increased the product’s popularity, resulting in more sales and more people around the world experiencing the satisfaction of turning off TVs. Also, since there was an army of TV-B-Goners who emailed me with ideas on how to improve upon my initial design, the next versions of TV-B-Gone remotes were considerably better than the original. Everything added up for me to look seriously at Creative Commons, a form of open source licensing.
The added buzz will likely also help sales of ready-made TV-B-Gone key chains, since not everyone wants to build their own. Everybody wins. In the words of my brother the patent lawyer, “The old way of patent law is to think: ‘This is mine and I’m going to keep it.’ This may have some advantages, but with open source you can share and bring more creative minds to the process. What’s really nice is that you don’t have to give up all your rights. With open source you can have the best of all worlds.â€
You can check out the TV-B-Gone assembled and kit versions at the Maker Shed store. | 3,337 | 1,634 | 0.000655 |
warc | 201704 | back | contents | next
MCEER and PEER will also merge their efforts on power distribution networks by combining PEER’s research on assessing the seismic performance of substations and components with MCEER’s research on power system performance, seismic evaluation and retrofit of transformers, and fragility curve development, to create a seismic risk methodology similar to REDARS.
A major new initiative in MCEER’s research program is the creation of “Overarching Research Tasks.” These tasks link the coordinated efforts in each thrust area to center-wide measures of resilience. Power and water research data are being merged with an aim toward creating integrated measures and quantitative assessments of the seismic resilience for the two systems, using Los Angeles as a case study. In another effort, researchers are working toward developing the knowledge base needed to create decision support systems for the seismic retrofit of hospitals, that would encompass structural, nonstructural, geotechnical, economic and social factors into an integrated system. | 1,096 | 600 | 0.001712 |
warc | 201704 | freely available re-usable Int. J. Environ. Res. Public Health 2014, 11(5), 5241-5250; doi:10.3390/ijerph110505241 Abstract :The public is increasingly concerned about particulate matter pollution caused by respirable suspended particles (PM 10) and fine particles (PM 2.5). In this paper, PM 10and PM 2.5concentration are estimated with remote sensing and individual air quality indexes of PM 10and PM 2.5(IPM 10and IPM 2.5) over mainland China in 2010 are calculated. We find that China suffered more serious PM 2.5than PM 10pollution in 2010, and they presented a spatial differentiation. Consequently, a particulate-based air quality index (PAQI) based on a weighting method is proposed to provide a more objective assessment of the particulate pollution. The study demonstrates that, in 2010, most of mainland China faced a lightly polluted situation in PAQI case; there were three areas obviously under moderate pollution (Hubei, Sichuan-Chongqing border region and Ningxia-Inner Mongolia border region). Simultaneously, two indicators are calculated with the combination of population density gridded data to reveal Chinese population exposure to PM 2.5. Comparing per capita PM 2.5concentration with population-weighted PM 2.5concentration, the former shows that the high-level regions are distributed in Guangdong, Shanghai, and Tianjin, while the latter are in Hebei, Chongqing, and Shandong. By comparison, the results demonstrate that population-weighted PM 2.5concentration is more in line with the actual situation. 1. Introduction
In recent years, inhalable particulate matter has become the primary air pollutant in China [1]. Many studies have shown that fine particulate matter concentration has a certain association with pollution-related disease mortality [2,3,4,5]. Public opinion now pays more and more attention to PM
2.5 because of its connection to health risks [6], but an often neglected factor is coarser particles (PM 2.5 to PM 10) formed by dust suspensions (from road dust and dust storms) which could also have a great influence on human health.
Nowadays, air quality index (AQI), a numerical model of air quality evaluation based on the pollution standards index (PSI) proposed by the United States Environmental Protection Agency (EPA) in the 1970s, is widely used to inform the public how polluted the air is. Many countries and regions around the world employ different classification methods according to their characteristics. An individual air quality index (IAQI) is assigned to the level of each pollutant and the current AQI depends on the primary pollutant level (the highest IAQI of the 6 scores); although convenient it cannot accurately reflect the particulate pollution state. Many studies based on revised models of AQI or fuzzy set theory also face the same situation [7,8].
Furthermore, launching a particulate matter concentration monitoring network to determine the distribution situation faces phenomenally high costs [7]. The density of the particulate matter concentration ground observation network in China is relatively low, and the distribution of observation stations is uneven. Remote sensing techniques, which provide consistent measurements at broad-scale and frequent time intervals, have been increasingly used to assess surface level of particulate matter concentration at high spatial and temporal resolutions [9]. Hence, remote sensing retrieval data is introduced in this paper.
As to population exposure to particulate matters in China, some relevant research has been done in specific cities, such as Beijing [7,10,11], Shanghai [12], Wuhan [13], Lanzhou [14], and Hong Kong [15], but the spatial differentiation of population exposure to PM
2.5 is rarely reported.
In this paper, we focus on the evaluation of atmospheric particulate matter pollution and propose a new particulate air pollution index (PAQI) which only takes PM
10 and PM 2.5 into account. Specifically, we use the retrieved PM 2.5 and PM 10 concentration over mainland China in 2010 to calculate the individual indexes of PM 2.5 (IPM 2.5) and PM 10 (IPM 10). Furthermore, the spatial distribution of PAQI over mainland China in 2010 is discussed. Meanwhile, two indicators of population exposure to PM 2.5 are calculated and discussed.
The rest of this paper is organized as follows: in Section 2, we give a brief description of the study area, data sources, and methodologies. Then in Section 3.1 we discuss and compare the spatial distributions of IPM
2.5, IPM 10, and PAQI over mainland China in 2010. Section 3.2 discusses Chinese population exposure to PM 2.5 in 2010. Finally, we summarize our work and draw some conclusions. 2. Materials and Methods 2.1. Study Area and Data Sources
In this paper, our spatial domain includes mainland China (excluding Hainan Province, which is not included in the study area due to the influence of clouds and aerosol type). Three data sources are used in the study:
(1)
MODIS atmosphere aerosol product (MOD04_L2) is derived from National Aeronautics and Space Administration (NASA) at a spatial resolution of 0.1 degree, details on this data can be found elsewhere [16,17].
(2)
Meteorological data (ERA-Interim), the latest global atmospheric reanalysis data produced by the European Centre for Medium-Range Weather Forecasts (ECMWF). Dee et al. [18] have covered the details of the ERA-Interim product.
(3)
Population density gridded data derived from the Center for International Earth Science Information Network (CIESIN) contains the human population distribution. It is a gridded data product that renders global population data at the scale and extent required to demonstrate the spatial relationship of human population and the environment across the globe.
2.2. PM 10 and PM 2.5 Concentration Estimation
Gupta et al. have determined that the artificial neural network (ANN) algorithm can solve the PM estimation problem and there are some relevant studies about this topic [9,19,20]. In this paper, we make the following improvements to these models: the Levenberg-Marquardt (L-M) back-propagation ANN is introduced to build the particulate matter concentration estimation model in this research. First, we use stepwise regression to determine the input variables: latitude, longitude, wind speed (WS), relative humidity (RH), skin temperature (SKT), boundary layer height (HPBL), aerosol optical thickness (AOT), and single scattering albedo (SSA). Among these elements, AOT and SSA are obtained from MOD04_L2, and the other four are derived from ERA-Interim. This step can make the neural network waste less resources in extracting and fitting irrelevant features.
The estimation modeling process is described in Figure 1. We use data of year 2008 to build the estimation model and then estimate the PM concentration in 2010. As to the ANN parameters, it has been proven that neural networks with a single hidden layer are universal approximators capable of representing any real-valued continuous function to arbitrary precision over a finite domain if enough hidden nodes are used [21]. However, networks with multiple hidden layers can sometimes perform better than single-hidden-layer networks, with fewer total nodes. In this paper, the experiment shows that over 16 hidden nodes and 9,000 runs with random sampling provided sufficient data samples for the used training data, because the satellite retrieval accuracy of PM concentration almost remained the same as the number of hidden nodes and runs increased subsequently. Consequently, the ANN estimation model is constructed with eight nodes and 16 hidden layers. The accuracy of estimation model will be discussed in Section 3.1.
Figure 1.The PM concentration estimation modeling process with ANN. 2.3. PAQI Calculation
Though AQI is calculated on the basis of ground monitoring data, it only reports the air quality around each monitoring stations. However, satellite retrievals can exhaustively get the air quality spatial distribution, even if it’s not accurate enough. Before the PAQI calculation, IPM
2.5, IPM 10 are calculated with the estimation data according to the Chinese AQI standard [22]. PAQI calculation is based on a weighting method; weight values are given to IPM 2.5 and IPM 10, respectively, according to a certain condition [23,24], that is, individual indexes and its weight value equal PAQI. In this paper, we only consider PM 10 and PM 2.5 (that is, i = 2), however, it’s scalable if we have other PM data (PM 1, PM 0.5, etc.) in the future. First, we calculate the weighting of the ith individual index (Q i). Suppose: i≤ 1 (i = 0,1,2,…), I iis the ith individual air quality index. However, if we calculate PAQI with Q i, it would be not relate well with the facts under certain circumstances, for example, the dust-stormy weather, IPM 10is extremely high while IPM 2.5is relatively low. Hence, we propose the weight assignment equation (Equation 2) is: i< 0.05; t is the number that 0.5 < Q i≤ 1. P istands for the modified weighting of the ith individual index. With this step we deal with the extreme values and modify the weighting of each individual particulate matter pollutant. Accordingly, PAQI is calculated with Equation 3: 2.4. Per Capita and Population-Weighted PM 2.5 Concentration Calculation
In this paper, per capita PM
2.5 concentration (PC-PM 2.5) and population-weighted PM 2.5 concentration (PW-PM 2.5) are calculated with Equations 4 and 5 based on grid computing to indicate population exposure to PM 2.5. Both PC-PM 2.5 and PW-PM 2.5 are obtained from provincial statistics: iis defined as the ith pixel value of PM 2.5concentration, P iis the ith pixel value of population density, n is the total pixel number of the certain province. PC-PM 2.5indicates the average exposure level of particulate matter of specific province, while PW-PM 2.5places emphasis on the actual effect of particulate matter to residents, taking population distribution into account. The weightiness of PM 2.5concentration in a dense population area is larger than in a suburb or sparse population area. The PW-PM 2.5method can indicate the PM 2.5exposure level of each resident every day. 3. Results and Discussion 3.1. Spatial Distribution of PM Pollution
Comparing the estimation result with the PM observation data, the comparative analysis consists of two parts: accuracies and absolute percentage errors (APE) [19], the correlation coefficients of estimated PM
10 and PM 2.5 are respectively 0.85 and 0.82 (Figure 2), while the absolute percentage errors are about 29% and 25%. These results demonstrate the feasibility of the estimation model: estis the estimated concentration and Y obsis the observed concentration in validation data set. Figure 2.Accuracy of particulate estimation concentrations. ( a) The accuracy of PM 2.5estimation; ( b) The accuracy of PM 10estimation.
The spatial distributions of particulate matter pollution over China 2010 are shown in Figure 3. The direct comparison between PM
10 and PM 2.5 concentration is meaningless due to the different threshold standards, hence IPM 10 and IPM 2.5 are calculated according to the Chinese AQI standard. Figure 3c,d reveal an obvious spatial differentiation. As to IPM 10, it presents a good or light pollution state, while IPM 2.5 shows a moderate pollution situation in the eastern China, and a particularly heavy pollution in Hebei Province. Overall, China suffered relatively more serious PM 2.5 pollution than PM 10 pollution in 2010. Figure 3.( a) Spatial distribution of PM 10concentration. ( b) Spatial distribution of PM 2.5concentration. ( c) Spatial distribution of IAQI PM10concentration. ( d) Spatial distribution of IAQI PM2.5concentration.
Owing to the spatial differentiation between IPM
10 and IPM 2.5, when evaluating particulate pollution level of a certain area or doing research on particulate health effects, both PM 10 and PM 2.5 should be taken into account at the same time. That’s why PAQI is needed. With the PAQI calculation method described in Section 3, the spatial distribution of PAQI over mainland China in 2010 is calculated (Figure 4). The classification criterion here for PAQI follows the Chinese AQI standard. Figure 4.The spatial distribution of calculated PAQI over mainland China in 2010.
Compared with the two individual air quality indexes, PAQI shows an entirely different situation. PAQI over mainland China in 2010 is overall less than 200 (threshold of moderate pollution). There are three regions obviously in a moderate-pollution situation—Hubei Province, the Sichuan-Chongqing border region and the Ningxia-Inner Mongolia border region.
One possible explanation for this phenomenon is that the high value of Hubei Province appeared in Jingmen City and its neighboring region may be associated with coal burning and the construction dust; the Sichuan Basin is affected by the meteorological conditions, which are not conductive to the dilution of atmospheric particulate matter concentration; the high value in the Ningxia-Inner Mongolia border region (Shizuishan City, Wuhai City and Dengkou City, China) has a certain relation to the development of industry, it suffers from the most serious pollution in the Yellow River Basin because many mining industries are grouped on this region.
3.2. Population Exposure Assessment
PC-PM
2.5 and PW-PM 2.5 of China in 2010 are shown in Figure 5. The spatial distribution of the results is illustrated in the province-level. The distribution of PC-PM 2.5 and PW-PM 2.5 is apparently different. The high-level of PC-PM 2.5 of China in 2010 is concentrated in the Eastern area. The provinces with highest PC-PM 2.5 are Guangdong, Shanghai, and Tianjin. The 2nd highest places are Shandong, Anhui, and Zhejiang. The high-level areas of PW-PM 2.5 are Hebei, Chongqing, and Shandong, and followed by Henan, Anhui, Zhejiang, Guangdong, and Guangxi. That is, PC-PM 2.5 in Guangdong, Shanghai, and Tianjin is high in total, but the potential high pollution area is sparsely populated. Although PC-PM 2.5 in Hebei and Chongqing is lower than in the high-level area, the population in the potential high pollution area is denser. Shandong Province is a special case, as it is not only located in the high-level concentration area, but also the population in the potential high pollution area is dense. The comparison between two indicators of PM 2.5 population exposure level indicates the effect of population distribution on the regional PM 2.5 exposure statics. Figure 5.( a) Spatial distribution of per capita PM 2.5concentration (provincial statistical). ( b) Spatial distribution of population-weighted PM 2.5concentration (provincial statistical). 4. Conclusions
In this study, PM
10 and PM 2.5 concentrations of mainland China in 2010 are estimated with an ANN model, and then IPM 10 and IPM 2.5 are calculated based on grid computing, The spatial distribution of IPM 10 demonstrates obvious differences with IPM 2.5. IPM 10 presents a good or light pollution state while IPM 2.5 shows a moderate-pollution situation in eastern China, with a particularly heavily polluted region in Hebei Province.
On the basis of the two individual indexes, we develop a new particulate air quality index (PAQI) based on a weighting method. It is shown that the PAQI over mainland China in 2010 shows overall a light pollution state, while some regions suffer a moderate-pollution situation.
As to the population exposure to PM
2.5, the provinces with highest per capita PM 2.5 concentration are Guangdong, Shanghai, and Tianjin, while the high-level areas of population-weighted PM 2.5 concentration are Hebei, Chongqing, and Shandong. By comparison, the results demonstrate that the population-weighted PM 2.5 concentration is more in accord with the actual situation and suitable for human health risk assessment. In future research, more attention can be paid to improving the spatial resolution of PAQI and discussion of its effects on human health. Acknowledgments
This research is financially supported by the National Natural Science Foundation of China (Grants No. 41301380 and 41371016), Research on PM
2.5 remote sensing monitoring key technology and operational method in central-eastern China (Grant No. 201309011). Author Contributions
Ning Lu principally conceived the idea for the study and was responsible for the design of the study, Ling Yao was responsible for setting up experiments, completing the experiments and retrieving data and he also wrote the initial draft of the manuscript. Both authors participated in some form in the concept, experimentation, writing and/or editing of this manuscript.
Conflicts of Interest
The authors declare no conflict of interest.
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© 2014 by the authors; licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution license (http://creativecommons.org/licenses/by/3.0/). | 22,279 | 8,743 | 0.000115 |
warc | 201704 | Team UOW to light up international competition
Students from UOW and TAFE Illawarra Institute are hoping the ‘Illawarra Flame’, a net-zero energy, solar powered house designed by the group, will set fire to the competition at 2013’s Solar Decathlon China event.
The students, known as Team UOW Australia, are the first Australians ever to be selected for the Solar Decathlon, the world’s most prestigious interdisciplinary student-led green building research and innovation competition.
The Decathlon, held in Datong, China, challenges teams to design, build and operate an advanced and appealing solar-powered house that is not only energy efficient but also cost effective to build.
Team UOW’s entry is unique in that, rather than building a new home, the students are the first team ever to demonstrate the retrofit of an existing home. Project Manager Lloyd Niccol said that Illawarra Flame provides an example of how the Australian housing sector can address issues of environmental degradation and growing electricity costs through the application of innovative technologies and creative thinking.
“Since only 1-2 per cent of Australia’s housing stock is replaced each year, improving the performance of our existing buildings provides the greatest potential for immediate environmental improvement,” he said.
The team will construct the full size house in the Illawarra before shipping it to China for the competition finals in August 2013. The retrofitting concept will see the team demonstrate the transformation of an old Aussie ‘fibro’ house to a sustainable, net-zero energy home for the future.
“We are looking into how we can adapt our houses with new and existing technologies, such as Photovoltaic Thermal systems and water filtration systems, to provide the housing sector with examples of how we can future-fit our houses for a more environmentally conscious future,” Mr Niccol said.
11 members of Team UOW recently attended the China International Solar Energy Summit and the SD China 2013 Design Development and Review Workshop in Datong.
Mr Niccol said it was exciting to see where the team’s house will be built and that the site where the decathlon will take place is bigger than the Beijing Olympic Park.
“The design review workshops were valuable as we can now refine our plans and begin construction soon,” he said.
Team UOW will soon begin construction of the Illawarra Flame at the TAFE Illawarra campus. The house will then be packed up and shipped to Datong in June 2013. The students will then reassemble the house over a 10 day period, ready to compete against a host of leading university teams from around the world and the arrival of hundreds of thousands of visitors.
The Solar Decathlon China 2013 will be hosted by the Chinese National Energy Administration and the US Department of Energy. The competition is organised by Peking University and supported by private companies.
To track Team UOW’s progress and for further information visit the Illawarra Flame website.
Click here to see an animated walkthrough of the Illawarra Flame house.
By Jenna Bradwell | 3,193 | 1,508 | 0.000684 |
warc | 201704 | The mayor-trying to demonstrate a proactive stance on the economy, as well as a bit of feigned empathy at the same time-is announcing his Five Point Plan to help out. According to the Washington Post: "To help New Yorkers weather the economic downturn, Mayor Michael Bloomberg plans to relax tax deadlines for some property owners, launch a public awareness campaign about debt and create a special Web site for laid-off financial workers as part of a package of immediate steps to ease the burden."
The mayor is alleging, at least according to NY1, that this effort is partially aimed at helping the city's small businesses: "The five point plan intends to keep New Yorkers working, strengthen small business, make sure home ownership remains the American dream..." Yada, yada yada. What a load. And the NY Daily News also tells us that the administration is looking for ways to help the little guys who have been impacted by the economic meltdown: "They may be small, but from boutiques and bodegas to salons and storefronts, New York's mom-and-pop businesses are in some big-time pain. Wall Street turmoil is trickling down to borough streets, where the city's 220,000 small businesses are increasingly short on free-spending customers and loans to keep them afloat." So what's the big response? As the News points out: "Small Business Services Commissioner Rob Walsh said he's been pounding the pavement trying to listen to pressured entrepreneurs. Last week, Walsh said he walked around six different Brooklyn neighborhoods asking business owners how the city can help. Today, the city is expected to launch an initiative to help mom-and-pops - New York's other big engine of job generation besides shrinking Wall Street. City Hall supports a $700 million small business stimulus package that Sen. Chuck Schumer (D-N.Y.) is championing. It calls for increased funding for federal loan guarantees and an expansion of the U.S. Small Business Administration." Now we're not knee jerk fans of Ronald Reagan, but we're reminded of his admonition about not believing the following: "We're from the government, and we're here to help you." If the mayor really wanted to help small businesses and homeowners, he could begin by simply reducing the cost of living and doing business in NYC. We remember vividly how the Bloomberg property tax increase sent homeowners packing in 2003; an exodus that was only stemmed when the irrational housing bubble took off. The exodus wasn't limited to homeowners. As the Times reported earlier this year, minority supermarket owners have begun the out migration because of the city's out of control costs: "In one corner of southeast Queens, four supermarkets have closed in the last two years. Over a similar period in East Harlem, six small supermarkets have closed, and two more are on the brink, local officials said...The supermarket closings — not confined to poor neighborhoods — result from rising rents and slim profit margins, among other causes." It's not only the rents, it's the city's commercial real estate tax-increased by 20% under the mayor's impetus-regulatory blitzes and a bottle law that turns stores into waste dumps. Add to this the cost of light, heat and power, and the absurd workman's comp laws-not to mention the slip and fall lawyers who target the markets-and you get one lousy business environment for a sector, small business, that's touted as the city's other economic engine. So if the mayor and his small business guru want to help, they have a sure fire way to proceed: simply lower the costs of doing business. But wait, there's a problem with doing that because it would lower the revenues that the city claims it needs for "vital services." Which reminds us of how the mayor approached the cigarette black market, Back in 2003 when the mayor went on his tax hike binge, he raised the cigarette tax by over 1800%! At the time we complained, pointing out that the city's bodegas, green grocers and news dealers, would lose over $250 million a year to a black market driven by illegal sales from Indian retailers. The mayor's response? He called it a "minor economic issue." But fast forward to 2008, and we find Mayor Mike suing the very same Indians: "Officials estimate that untaxed cigarette sales by the eight dealers have cut city revenues by nearly $195 million a year, an amount the city can ill afford during a financial crisis." Oh, so now we see, it's an issue only when the city's revenues are threatened. New Yorkers are living in the most hostile business climate in America. The mayor's faux concerns about the little guy are really disingenuous because they divert attention away from the real source of the problem: the man in the mirror. | 4,756 | 2,363 | 0.000426 |
warc | 201704 | Sometimes, obvious ways to curb our spending is seldom practiced because we feel embarrassed to try it. We read about them, laugh that it’s probably “just for fun”, and forget about them right after. Yesterday, my friend reminded me that while we might feel funny doing something unusual the first time, it is always the results that actually determine who laughs at the end of the day.
Friend: David, I freeze my credit card in order to stop myself from spending.
Me: You mean you call the companies to stop them? Friend: No, I mean literally putting them in a block of ice. I was a little shocked once I realized she really did this. She even went a step further and have the block of ice at her boyfriend’s house. She then continued to tell me the benefits: No More Splurging – She used to shop all the time. Now that she doesn’t have a credit card, she eliminated her unnecessary splurges. Time to Think – When she wants to buy something, she needs to drive to her boyfriend’s house, thaw the ice and then take the credit card to the store. If she still wants to buy it after all that trouble, the purchase is probably worth the cost. Still Have the Cards – My friend thought about canceling the cards but she would lose all the credit history by doing so. She also wanted to have the flexibility of having credit in case she really needed the privilege for some reason.
For those who want to try this, the process is really super simple:
Fill a container with water Put the credit card in there Freeze it
She told me that even the magnetic stripe at the back of the card still works so there’s no worries that the card won’t function after being frozen and thawed.
Now that I think about this idea some more, I wonder if this will be a good birthday present for someone. A block of frozen credit cards (with no candle on top of course).
Update: This works extremely well with 0% balance transfer credit cards, because you can just apply, transfer the balances over and freeze the credit card up so you can concentrate on paying the balance off instead of piling on more debt.
This post is dedicated to my friend Jenn, who taught me that not only is there absolutely no shame in doing something effective, it is actually quite admirable. Money Saving Tip:An incredibly effective way to save more is to reduce your monthly Internet and TV costs. Click here for the current Verizon FiOS promotion codes and promos to see if you can save more money every month from now on. Subscribe (and Get a Mini-Course Too!)Subscribe to our newsletter to grab free amazing content and have it delivered to you. A 7-part mini course to help you spend less and be happy will be sent to you when you subscribe, and you will also get an ever-expanding How to Save Money on Everythingebook. Alternatively, stay engaged in our discussions via our twitter and facebook pages. (Don't worry about spam, because we hate it as much as you do!) | 2,986 | 1,517 | 0.000674 |
warc | 201704 | Stanford's $0.76 billion satellite mission to test Einstein's theory of gravity, Gravity Probe B (Wiki), has announced the final results during the press conference aired by NASA TV a few hours ago. The results will be published in Physical Review Letters:
The more difficult measurement of the frame-dragging drift rate gave them -37.2 mas/yr, to be compared with -39.2 mas/yr according to GR. The discrepancy is just 7 percent or so. However, their actual announced error is closer to 19 percent (7.2 mas/yr), so they can barely prove that the frame-dragging effect is nonzero at the 5-sigma confidence level.
The accuracy of the frame-dragging measurement by Gravity Probe B has been a major disappointment; the previous, incomplete results from the probe were not even able to prove at the 5 sigma level that the effect was nonzero. Instead of a 19% error, the plans expected a 1% error; the main source of trouble has been electric polarization of the gyroscopes that contaminated the signal with lots of Coulomb forces whose harmful impact was amplified by irregular patches on the surface of the spheres. Because of that, Gravity Probe B actually turned out to be less accurate than the LAGEOS experiment that measured frame dragging within 10% in 2004.
Nevertheless, if you ask whether the probe has helped to dramatically eliminate doubts that GR is correct once again, the answer is a resounding Yes.
Remarkably, I first learned about the final results from Anthony Watts' climate blog. He is a fellow skeptic and my bookmarks equally contain the "mainstream scientific" blog Real Climate. Despite this equal status, I have learned about dozens of interesting hot news from Anthony Watts - not only about the climate - but I have
neverlearned anything about science from Real Climate. That's not a surprise. The newest article on Real Climate is concerned with the proposition that deniers are deniers and denialism is a common trait.
See also The New York Times, Science Now, and dozens of others at Google News. | 2,033 | 1,087 | 0.000925 |
warc | 201704 | Does solitary confinement fuel more crime?
Solitary confinement does not make supermax prison inmates more likely to re-offend once they’re released, finds a study on the controversial penitentiaries led by a Michigan State University criminologist.
The study – one of the first to examine recidivism rates among supermax inmates – refute critics’ claims that serving extended time in isolation leads to more crime. Super-maximum security units, known as supermax units or prisons within prisons, are designed to house problematic inmates by keeping them isolated for as long as 23 hours a day.
Jesenia Pizarro, lead author on the study and MSU associate professor of criminal justice, said it wasn’t time in isolation that was tied to repeated offenses for supermax inmates. Instead, it was the same factors that led inmates from the general prison population to re-offend – in other words, they tended to be young drug offenders with prior convictions and disciplinary charges while in prison.
Pizarro said corrections officials and policymakers should consider the findings when developing programs to help supermax prisoners re-adjust to society.
“Similar to inmates who served their time in the general prison population, supermax inmates released to parole supervision should receive help for drug and alcohol addictions and younger offenders should be steered back to educational programs,” Pizarro said.
Proponents say supermax units keep corrections officers and other prisoners safe, while critics argue that such solitary confinement is cruel and unusual punishment that can lead to mental health issues among inmates and thus pose a greater threat to society upon their release.
Pizarro and colleagues analyzed the data of more than 800 supermax inmates in New Jersey, including their criminal histories, prison behavior and whether they re-offended during a five-year period following their release. The findings are published online in the Prison Journal.
“Interestingly,” the study says, “these findings suggest that placement in supermax does not create unique challenges that result in recidivism.”
Because supermax prisons have become a mainstay of the American correctional landscape, Pizarro said more research is needed to better understand the effects of serving extended time in isolation. Except in federal cases, prisoners are not sentenced to supermax units – instead, it is an administrative decision made by a warden or hearing boards.
While many believe that only the “worst of the worst” are housed in supermax units, Pizarro said that’s not necessarily the case. Gang members who are serving time for selling drugs, for example, can be sent to supermax even if they don’t have violent histories. Critics say assignment to supermax units can be arbitrary and lacking due process.
Pizarro’s co-authors were Kristen Zgoba and Sabrina Haugebrook from the New Jersey Department of Corrections. | 3,022 | 1,458 | 0.00071 |
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Fast data transfers usually require large bandwidths. But the use of multiple-input, multiple-output (MIMO) antenna techniques can also boost data rates for available bandwidths, as shown with this high-performance two-way transmitter and receiver design operating with a 100-MHz bandwidth at 8.05 GHz. It boasts excellent performance, with a receiver noise figure of 2.7 dB and transmitter output power of +17 dBm at 8.05 GHz and associated third-order intermodulation (IM3) level of −41.4 dBc. In addition, the MIMO-based system achieves measured error-vector-magnitude (EVM) performance of 9.07% for an 83.3-MSymbol/s quadrature-phase-shift-keying (QPSK) signal and 6.24% for an 83.3-MSymbol/s 16-state quadrature-amplitude-modulated (16QAM) signal.
Expectations are high for fast data access in both fixed and mobile wireless applications. According to the International Telecommunications Union (ITU), fourth-generation (4G) wireless communications networks should support data rates to 1 Gb/s for low-mobility applications and 100 Mb/s for high-mobility applications.
1 To meet these requirements, advanced technologies are needed, including high-level modulation schemes, orthogonal frequency division multiplexing (OFDM), and MIMO techniques, and the channel bandwidth should be at least 100 MHz. 2-5 However, most existing communications standards employ no more than 20 MHz bandwidth. 6 The most desirable RF/microwave bandwidths, below 6 GHz, are already well occupied, so that next-generation wireless applications are expected to operate in the next higher-frequency available bands from 6 to 15 GHz, 7 where continuous multiple 100-MHz channel bandwidths are available.
To explore the possibilities for high-data-rate wireless communications in that 6-to-15-GHz band, a two-way transmitter and receiver for use with MIMO wireless techniques at 8.05 GHz were designed and implemented.
1. These block diagrams show (a) the two-way transmitter and (b) the two-way RF receiver.
Figures 1(a) and (b) show block diagrams of the two-way MIMO transmitter and receiver, respectively. The subsystems employ a classic superheterodyne transceiver architecture. The center frequency of the transmitting and receiving IF signal is set at 850 MHz, with a bandwidth of 100 MHz. The required RF specifications for the transmitter and receiver are listed in Tables 1(a) and (b), respectively.
For the two-way transmitter and receiver, the local oscillator (LO) is comprised of a phase-lock-loop (PLL) frequency synthesizer. To meet the high linearity requirement listed in Table 1(a), a passive mixer, which requires +17 dBm LO drive power, is used for the receiver, and an LO drive amplifier is used with each mixer. To meet the conversion gain requirement of the two-way transmitter, an intermediate-frequency (IF) amplifier and two RF power amplifiers cascaded together are also used.
For the two-way receiver, a low-noise amplifier (LNA) with adequate gain helps meet the noise-figure requirements for the downconversion signal chain listed in Table 1(b). Following downconversion, a low-noise IF amplifier is added to provide suitable conversion gain, and to minimize the impact of the following stage on the noise figure of the receiver.
2. These simulation results show the performance of a SIW bandpass filter, such as those used in the two-way transmitter and receiver.
System-level simulations were carried out for the RF transmitter and receiver using Advanced Design System (ADS) software from Agilent Technologies (www.agilent.com). All the RF bandpass filters in the two-way transmitter and receiver were based on substrate-integrated-waveguide (SIW) techniques,
8-10 for suppressing image signals, LO signals, and other interference. The SIW filters are low in cost and compatible with standard printed-circuit-board (PCB) fabrication methods. The SIW filters are designed and simulated with the help of the full-wave High-Frequency Structure Simulator (HFSS) electromagnetic (EM) simulation software from Ansoft Corp. (www.ansys.com). Simulation results are shown in Fig. 2. 3. These prototype circuits show (a) the two-way transmitter and (b) the two-way receiver.
Following the simulations, the two-way RF transmitter and receiver designs were fabricated and integrated on PCBs. A frequency-control module was also included, to control the PLL frequency. Figure 3 shows photographs of the fabricated prototypes.
The measured performance of the two-way transmitter and receiver (RF = 8.0 to 8.1 GHz, LO = 7.2 GHz, IF = 800 to 900 MHz) includes the output power of the transmitter (when the IF input power = −5 dBm), the conversion gain of the receiver, and the IM3 product of the transmitter (when the output power = +17 dBm). Detailed measured results are listed in the Tables 2(a) and (b).
To measure the overall performance of the transmitter and receiver as a communications system, a test system consisting of the prototype transmitter and receiver was constructed to measure the EVM performance. Figure 4 shows a schematic diagram for the EVM measurement setup. The frequency-conversion plan was: RF = 8.0 to 8.1 GHz, LO = 7.2 GHz, IF = 800 to 900 MHz. In the test setup, a model SMBV100A vector signal generator from Rohde & Schwarz (www.rohde-schwarz.com) was modulated with in-phase/quadrature (I/Q) signal generated by an N8241A arbitrary waveform generator (AWG) from Agilent Technologies.
4. This diagram shows key instruments in the EVM test setup.
The modulated IF signal is first upconverted by the transmitter, then sent through an appropriate attenuator (to simulate path loss), and then downconverted by the receiver. The resultant IF signal is demodulated and analyzed by a model 89600 vector signal analyzer (VSA) from Agilent Technologies to determine the EVM. During the measurement process, several baseband signals with different modulation types and symbol rates were applied.
5. Test system EVM was measured with 20-MSymbols/s signals with the following modulation: (a) QPSK, (b) 16QAM, and (c) 256QAM.
Figure 5 shows measured EVM results for a 20-MSymbol/s baseband signal applied with modulation of (a) QPSK, (b) 16QAM, and (c) 256-state quadrature amplitude modulation (256QAM). Under those three modulation conditions, the measured EVM values were 2.02%, 1.16%, and 1.06%, respectively. To test the wideband performance of the transmitter and receiver, an 83.3-MSymbol/s (with occupied bandwidth of 92.5 MHz) baseband signal was applied with the following modulation formats: (a) QPSK and (b) 16QAM, with resulting EVM of 9.07% and 6.24%, respectively. The measured EVM results are shown in Fig. 6. The measured results show that the two-way MIMO communication system can support high spectrum efficiency and high data rate communications with low EVM.
6. The experimental system EVM was measured with 83.3 MSymbols/s and baseband signals with: (a) QPSK and (b) 16QAM.
In summary, low-cost, high-performance two-way transmitter and receiver designs were developed for use at 8.05 GHz. They support high data rates over a 100-MHz bandwidth using MIMO techniques. Measurements reveal low EVM for reliable high-data-rate performance with high spectral efficiency.
Acknowledgments
This work was supported in part by the NSFC under Grant No. 60921063, and in part by the National Science and Technology Major Project of China under grants No. 2010ZX030007-02-01 and 2011ZX03004-003.
References
1. Z. Yu, J. Zhou, J. Zhao, and W. Hong, “Design of a Wideband RF Receiver for the Next-Generation Wireless Communication System,” 2009 Asia-Pacific Microwave Conference, Singapore, December 2009, pp. 465-468.
2. A.J. Paulraj, D.A. Gore, R.U. Nabar, and H. Boelcskei, “An Overview of MIMO Communications—A Key to Gigabit Wireless,” Proceedings of the IEEE, Vol. 92, No. 2, 2004, pp. 198-218. 3. T. Kaiser, A. Wilzeck, M. Berentsen, and M. Rupp, “Prototyping for MIMO systems: an Overview,” in Proceedings of the 12th European Signal Processing Conference (EUSIPCO ‘04), Vienna, Austria, September 2004. 4. J. Thanysen and K. B. Jakobsen, “Checking capacity for MIMO configurations,” Microwaves & RF, Vol. 46, No. 6, 2007, pp. 74-82. 5. J. Browne, “Measuring MIMO Performance Levels,” Microwaves & RF, Vol. 49, No. 7, 2010, p. 102. 6. M. Sauter, Beyond 3G – Bring Networks, Terminals and the Web Together: LTE, WiMAX, IMS, 4G Devices and the Mobile Web 2.0, Wiley, New York, 2009. 7. J. Walko, “Mobile Operators Under Pressure in Barcelona-3GSM report,” Picochip EETimes Europe, February 1-March 4, 2007. 8. D. Deslande, and K. Wu, “Integrated microstrip and rectangular waveguide in planar form,” IEEE Microwave Component Letters, Vol. 11, No. 2, 2001, pp. 68-70. 9. Z.C. Hao, W. Hong, J.X. Chen, X.P. Chen, and K. Wu, “Compact Super-Wide Bandpass Substrate Integrated Waveguide (SiW) Filters,” IEEE Transactions on Microwave Theory and Techniques, Vol. 53, No. 9, 2005, pp. 2968-2977. 10. H.J. Tang, W. Hong, et al., “Development of millimeter-wave planar diplexers based on complementary characters of dual-mode substrate integrated waveguide filters with circular and elliptic cavities,” IEEE Transactions on Microwave Theory and Techniques, Vol. 55, No. 4, 2007, pp. 776-782.
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warc | 201704 | It’s hard to imagine a home without a fully functioning air-conditioning system. When you have a temperate climate, it can get very uncomfortable when your air-conditioner breaks down or isn’t functioning well. More than that, warm temperatures can aggravate medical issues like hypertension and dehydration. Even the stability of your home can suffer when it gets too warm or too cold inside. Furniture made of wood and your hardwood floors could develop gaps when they contract and expand with wild swings in temperature and humidity. Needless to say, it is important to pay attention to your air-conditioner, if only to keep things comfortable and stable around the home. One way to do that is to trust only experts in air-conditioning repair.
Training, Certification and Licensing
When it comes to your air-conditioning system, you can’t just pick anyone to do repairs. That system cost you some money to install, so it’s only right that you pick only real professionals to touch them. Of course, we’re talking about training, certifications and licensing. That are many certifications that air con repairmen can have, such as NATE, ISL, ACT or NCA. Before you hire anyone, make sure he is registered with the Department of Licensing and Registration. Insurance is also important. After all, even the best technicians for air conditioning repair are human.
Experience and Track Record
Experience is another big issue to consider if you’re looking for someone to fix your air-conditioner, especially because not all brands are the same. You need someone who has been involved extensively in the industry. As for track record, this is easy. The Internet can give you a whole plethora of information about repair companies, their background and even feedback from past clients. When approaching them for the first time, ask for a client list so you can start calling people. It’s always best to hear it straight from the horse’s mouth.
The Deal
Once you find a trustworthy provider of air conditioning repair start getting the details. Do not deal with someone who cannot give you a clear and written estimate of the costs. You should know all the probable expenses, from major to minor, before you let them start with the job. Also very important is warranty. If they don’t give you a warranty that means they themselves are not confident enough about what they can do. If this is the case, why should you trust them? Finding good air conditioning repair services is not a problem at all. There are many technicians out there, but it may take some work finding the best. | 2,625 | 1,302 | 0.000784 |
warc | 201704 | We have, it seems, reached a critical moment in the life of the Senate: the moment when the cause of Senate reform became the cause of Senate abolition.
As a committed advocate of senate reform, I once viewed the abolition of the Senate as the opposite of reform. Now, I see abolition as a better path to true reform.
I still believe that Canada would be better governed if we had an elected and accountable Senate. But it is no longer clear to me that the best path to that outcome is trying to reform the existing system with sporadic, piecemeal provincial elections. It might be better to adopt a two-step approach. First, wipe the slate clean by abolishing the current Senate. Then start from scratch in designing a new model for an elected Senate that can be presented to Canadians.
The problem with the approach the Conservative party is pursuing now is that it simply is not working. After 25 years, we’ve still got the same embarrassing patronage pen. It props up and prolongs the status quo — which almost no one supports anymore. I admire persistence. But persisting in a failed strategy eventually begins to look like sheer stubbornness.
A number of prominent advocates of reform — including Ted Morton, the former Alberta cabinet minister (and onetime elected Senator-in-waiting), the Canadian Taxpayers Federation, and Brad Wall, the premier of Saskatchewan — have lately come out publicly in favour of abolition. (Mr. Wall is reported to be readying legislation for the fall to that effect — though he seems to have neglected to tell his caucus of this.)
To be sure, reform remains the preferred alternative for many. But abolition is now seen in some quarters, not so much as an alternative to reform as the prerequisite for it. Considering the failure of the current efforts at reform, Mr. Morton wrote in the
National Post, “it might be better to adopt a two-step approach. First, wipe the slate clean by abolishing the current Senate. Then start from scratch in designing a new model for an elected Senate.” The prime minister himself is now said to be coming round to this point of view.
So long as the Senate remains in place, the thinking runs, there will be too many vested interests, provincial or otherwise, with a stake in the status quo. Once it was torn down, it might be easier to come up with a reform plan that was satisfactory to all sides. Even if the attempt failed, we should at least be rid of the Senate as it is, sparing the country the embarrassment of an appointed house, well known as a den of patronage even without its recent ethical lapses, substituting its wishes for those of the democratically elected Commons.
As a political bonus, it allows the prime minister to keep step with the abolitionist New Democratic Party, while leaving the Liberals, who favour retention, offside with public opinion, which runs strongly against the current Senate — a position that is only likely to harden as further revelations emerge.
But is abolition any more feasible than reform? It has proved hard enough just to change the length of Senators’ terms. How is it supposed you could abolish it altogether? Indeed, whereas major reforms to the Senate — including changes to its powers, the numbers of Senators from each province or the method of their selection — would invoke the Constitution’s general amending formula, requiring the support, not only of both Houses of Parliament, but of seven provinces with 50% of the population, abolition would seem to require unanimity.
Why? Because, as the above implies, the Senate’s assent is required for any amendment. And amending
that — that is, amending the amending formula itself — is one of those things, like the office of the Queen, for which unanimity is the prescribed threshold of consent.
But what if you didn’t try to abolish it? What if you just erased those
parts of it that were eradicable through seven-and-50 and left the rest? In effect, you would have created a kind of ghost Senate, a vestigial body without powers or even members. The Senate could then be rebuilt out of this hollow shell, rather as one might gut a house before renovating it.
But hold on: how does that get around the amending-the-amending-formula dilemma? Because the Senate’s assent is not, strictly speaking, required. Another section of the Constitution stipulates that, if the Senate fails to pass an amendment that has passed the Commons within 180 days, the Commons has only to pass the same amendment again for it go forward. A ghost Senate’s “assent,” then, could be obtained simply by waiting six months.
This isn’t my idea. It can be gleaned from the text of the federal government’s reference to the Supreme Court on Senate reform, to be heard this year. Of the five questions the government has put to the court, three have to do with the changes it has been seeking to put into effect until now — limiting Senators’ terms and providing some means for “consulting the population” prior to their appointment — in each case asking whether it can proceed with the support of Parliament alone or, implicitly, whether some other formula is required. A fourth asks the same with regard to abolishing the current property qualification.
It’s the fifth question that’s of interest here. “Can an amendment to the Constitution of Canada to abolish the Senate,” it asks, “be accomplished by the general amending procedure … by one of the following methods.” Among them: “by amending or repealing
some or all of the references to the Senate” in the Constitution (emphasis added), or “by abolishing the powers of the Senate and eliminating the representation of provinces,” i.e. the very reforms for which the general amending formula is prescribed. The ghost Senate, in other words.
It’s a long shot. The court may dismiss this as so much playing with words. Even if it gets a pass from the court, winning the support of seven-and-50 would be no picnic. And there remains yet a third obstacle: legislation passed by the Chrétien government requiring the approval of each of Canada’s five regions (B.C. was dubbed a “region” for the purpose) before Parliament could approve any constitutional amendment — in effect “lending” them its veto.
Would the Harper government be willing to repeal that provision, and risk the wrath of the provinces (cough, Quebec, cough)? What if it took up Sen. Hugh Segal’s suggestion, and held a national referendum on abolition? Would the provinces be willing to risk the public’s wrath in that event? We are headed into some interesting waters.
Postmedia News | 6,818 | 3,078 | 0.000338 |
warc | 201704 | 2/14/98
CONTACT: Elaine C. Ray, News Service (650) 723-7162;
e-mail elaineray@stanford.edu
The nation's top linguists discuss Ebonics
In recent discussions, many sociolinguists are divided on the origins of Ebonics or African-American Vernacular English (AAVE). Anglicists or dialectologists argue that African Americans who arrived in the 17th and 18th centuries acquired the English vernaculars spoken by white settlers, and that modern Ebonics simply preserves and exaggerates those features. Creolists, by contrast, argue that many Africans arriving in earlier centuries pidginized and creolized the English with which they came in contact, simplifying and restructuring it on the model of their West African and Caribbean Creole languages. They assert that this accounts for some of the salient modern differences between Ebonics and white vernacular English in America.
John Rickford, linguistics professor at Stanford University, describes himself as a creolist. He will participate in a panel discussion called Divergence in Linguistic Evolution: Ebonics and Other 20th Century Developments, on Saturday, Feb. 14, at the annual meeting of the American Association for the Advancement of Science in Philadelphia.
The central focus of this session is how and why languages or dialects that are in close contact nevertheless remain different, and sometimes become even more different, over time. Diversification or linguistic drift is expected when speakers of different language varieties are isolated or separated, but not when they are in contact.
"Ebonics or AAVE is interesting as a test case because there is evidence that it remains different from white vernacular varieties and is even diversifying from them in some respects even though blacks and whites are supposedly in contact with each other." Rickford said. They are certainly not separated by mountain ranges, rivers or oceans in the sense that we normally associate with 'isolation' and dialect divergence in regional dialectology."
In his presentation, Rickford will first present evidence that differences do exist between black and white vernaculars in America, even in the context of island enclaves (off the coasts of North and South Carolina) where the populations are small, the physical space restricted, and the populations have been "in contact" for several decades.
"I will argue that these extreme examples, paralleled by other examples in the much more complex situations of big cities like Philadelphia and Los Angeles, exist because of two factors: Limited close social and linguistic interaction between blacks and whites; and powerful social norms about the different ways blacks and whites 'should' talk and behave, sometimes reinforced by 'identity moves' within each group which accentuate those differences," Rickford said.
Two larger questions that Rickford's paper will consider are whether differentiation and divergence between black and white vernaculars are a phenomenon of the 20th century and whether the evidence of recent differentiating changes in AAVE necessarily imply that it has not simultaneously been converging with white vernaculars, as those who believe in Creole origins for AAVE would assert.
"My answer to both questions is no," Rickford said. "Although demographic conditions of the 17th and early 18th centuries suggest that the first generations of Africans might have had more opportunities for convergence with and assimilation to the dialect patterns of whites, there were still enough social and cultural differences between the populations and their sources to have favored some linguistic differentiation right from the start. The conditions of the late 18th and early 19th century could only have exacerbated those differences. Moreover, while AAVE is vital and developing in new directions, many of its features clearly originated in earlier centuries, and link it to pidgin and creole varieties in the Caribbean and West Africa," he said.
While AAVE is simultaneously diverging from white vernaculars in some respects, Rickford added, it is also converging with them, and away from some of its creole predecessors, in others.
The AAAS panel, which is scheduled from 9 a.m. to noon on Feb. 14, also will include William Labov, of the University of Pennsylvania; Guy Bailey, University of Texas-San Antonio; and Gillian Sankoff, University of Pennsylvania.
Rickford's web page, which includes his vitae, and some of his recent notes and writing on Ebonics, is: http://www.stanford.edu/~rickford/.
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By Elaine Ray | 4,570 | 2,133 | 0.000472 |
warc | 201704 | by T.J. Johnston, Newsdesk.org• Sidebar: “Homelessness, by the Numbers?” • Sidebar: “Human Faces, Lost in the Statistics”Ricky Green of Bolinas, Calif., and Anthony Waters of Cleveland, Ohio, don’t know each other, but they have this much in common: both are homeless and both were brutalized by packs of teenagers in June. But their outcomes differed. Green survived. Waters did not.
Main article: “Attacks on Homeless Excluded from Crime Data: Advocates”The National Coalition on the Homeless’s 2008 report, “Hate, Violence and Death on Main Street, USA,” combined government crime statistics with reports from local homeless advocacy groups, media reports and self-reported narratives by homeless people to develop a new index of attacks on the homeless. Although federal crime statistics indicate no upswing in violence against homeless people, and that the juvenile crime rate is actually going down, the NCH report found only increases. Advocates for both statistical methods say their counterparts’ methods are flawed. Key NCH findings about violence against homeless people:ATTACKS PER STATEIn 2007, Florida led all states with 31 attacksCalifornia is second with 22, Nevada with 14, Ohio with 13 and Texas with 8TOTAL ATTACKS, 2006-2007Total 2007 attacks: 160Total 2006 attacks: 142Attacks increased by 13 percentTOTAL NONLETHAL ATTACKS,2007 nonlethal attacks: 1322006 nonlethal attacks: 122Increased by 8 percentTOTAL FATALITIES, 2006-20072007 fatalities: 282006 fatalities: 20Fatalities increased by 40 percent–T.J. Johnston
By T.J. Johnston, Newsdesk.orgMain article: “Attacks on Homeless Excluded from Crime Data: Advocates”Since 1999, when the National Coalition on the Homeless, started releasing yearly figures on attacks against people without housing, it has claims to have tracked 774 violent acts against homeless men, women and children in 235 cities throughout 45 states and Puerto Rico. Of these attacks, 217 were fatal. Newsdesk.org took an up-close look at four individuals made victims by this violence in 2007 — and found real human faces lost in the statistics. New York: “Quality of Life”Before David Pirtle found housing in 2006 and became an advocate for the National Coalition on the Homeless’s speakers bureau, the former restaurant manager spent two-and-a-half years homeless in New York City. One autumn night in 2004, Pirtle was sleeping in an abandoned stairwell.
The Southern Poverty Law Center says a Latino gang based in the California prison system has widened its feud with a rival African American gang, and is now engaged in an “ethnic cleansing” campaign that targets blacks indiscriminately. The latest victim, 14-year-old Cheryl Green, was fatally shot after straying too close to the “forbidden line” that divided her neighborhood down the middle, NBC4 in Los Angeles reports. Race-based attacks there have spiked in the past few years, and state and federal agencies are teaming up for a crackdown. Sources:“L.A. blackout”Intelligence Report (Southern Poverty Law Center), Winter 2007“Injunction to be filed against 204th street gang”NBC4.TV (Los Angeles), January 19, 2007“No age of innocence in gangland’s turf war”New York Times, January 21, 2007 | 3,358 | 1,665 | 0.000631 |
warc | 201704 | CALIFORNIA
GAY MARRIAGE: A STATE IN IRREVERSIBLE DECLINE
By
David R. Usher
May 17, 2008
NewsWithViews.com
California, the formerly bell-weather state, just became a state for which the bell tolls by making “same-sex” marriage legal.
A
brief reading of the very long decision by the California Supreme Court
left me believing that aliens already inhabit planet earth and even
run a state from a star chamber dominated by
Republicans (who
should know better).
The lengthy ruling made no mention of the most important issue before them: what is the actual purpose of heterosexual marriage in terms of human rights, and what might the impact be of fully detaching the purpose of marriage from sex itself?
Heterosexual marriage is the only constitutional legal framework that naturally creates equal social, economic, parental, and civil rights between men and women. It is intuitively obvious to all that men and women are distinctly different in many ways. Heterosexual marriage is the only institution creating “one” human race and preventing it from becoming two races pitted against each other.
Women can bear children, men cannot. Women are the presumed custodians of children in marriage and divorce. Men are the presumed recipients of large child support orders, and often the majority of marital debts in divorce.
The vast difference between our treatment of men and women is overwhelmingly proven simply by mentioning everyday terminology describing the results of the divorce and illegitimacy revolution: We think of single mothers as needing “welfare entitlements,” and single fathers as being “deadbeats who ran out on the family or deserved the divorce forced on them.” This proves beyond all doubt that vast inequalities exist in the absence of heterosexual marriage.
“Same-sex” marriage a legal fiction created by feminists to circumvent the brutal inequalities and corollary damage they caused in their successful execution of the war on heterosexual marriage ( feminists prefer calling this women’s liberation). Their idea is to go one step further: to turn marriage into an exercise in double-matriarchy.
N.O.W.’s plan has always been to kick men out of marriage and then replace them with women. They want this last victory because it gives women a total monopoly over reproduction, the social and legal institutions of family, the incomes of men, and absolute sexual liberation. It is no coincidence that the first to announce an intent to take advantage of “husbandless marriage” was Ellen Degeneres (whose entirely-female audience responded with war-whoops and insane cheering).
In California, any two women will soon be able to “marry” each other (sexual orientation being completely irrelevant), have as many “love children” they want by bedding down boy-toys, and get paid tremendous sums of money for doing so. Such a marriage will feature an average of four to six incomes: the incomes of the two women, at least two sets of child support orders, and two sets of welfare entitlements.
With profit options and sexual freedoms like this, who would want to marry a man in California, except for perhaps another man? Those who imagine this will not happen in large numbers should recall that nobody thought the divorce revolution would result in a 50% divorce rate and the massive marriage-absence problem that has left the federal deficit wildly out of control.
California has now gone into the business of state-sponsored serial polymory. The parallels to the FLDS case in Texas are astonishing – only the sexes are reversed. However, instead of have a few religious nuts running a small sect, we have an entire state becoming one under color of Constitutional law.
California has 108,000 same-sex couples. In Massachusetts, the wide majority of those “marrying” are women (an outcome that is entirely predictable under this socioeconomic analysis). If Massachusetts same-sex math holds true, California would come out of the gate with 81,000 families owned by dominatrix feminists, and at least 81,000 disenfranchised men who are third-class citizens. Just like the divorce revolution, which started out small, this figure will explode as N.O.W. executes its heretofore hidden agenda -- convincing the vastly larger body of heterosexual women that they should do this too -- gaining tremendous advantages over heterosexual marriage without being lesbians.
Readers
must completely understand that ending the ban on interracial marriage
is not a valid comparison (as proponents frequently claim) in calling
for an end to the ban on same-sex marriage. There were great disparities
between the races which were
reduced by allowing blacks (or
other races) to marry whites. Same-sex marriage reduces no disparities
– because women are not different from women, and men are not
different from other men. Same-sex marriage unquestionably increases
well-known disparities that exist between men and women.
The U.S. Constitution (which states must observe) bars discrimination on the basis of race, sex, or creed. One’s sexual idiosyncrasies are not nearly a match, even where in some cases genes may have some effect.
Feminists have realized that pushing “gay” or “same sex” marriage raises more questions than it answers – so they have changed their lead buzz-phrase to “equal marriage,” thus avoiding discussions of sexual behavior completely. This will not disguise the realities any more than the buzz phrase for the failed “Equal Rights Amendment” (E.R.A.) did.
Beyond
the obvious destruction of heterosexual marriage guaranteed by the California
ruling, there is one other tremendously detrimental effect:
every
sexual perversion ever advertised in the Berkeley Barb has just been
turned into a case for marital celebration and litigation spanning every
walk of civil life. The ruling will not contain sexual perversions
within marriage, rather, it will encourage much more of it in our public
schools, on the streets, on television, in our prisons, and in lawsuits
targeting every walk of life.
Not only will these perversions become more public: we will have to walk on eggshells around them forever. Take the case of a New York lesbian who, dressed up as a man, was not permitted to use the ladies room at the Caliente Cab Restaurant despite being willing to show ID proving that she is a woman. The bouncer was not about to let anyone who looks like a man (or pretends to be one) wander into the women’s room and scare the dickens out of heterosexual women.
Any dyke lesbian who gets off “being” a man (and also looks like one) probably also wants to prowl the restroom for a hookup, which means frightening they daylights out of heterosexual women in the restroom (who would also have cause for a very successful lawsuit against the restaurant if it permitted “men” looking for sexual adventure to prowl the ladies room).
Astonishingly,
and in spite of the dark truths and multiple irreconcilable paradoxes
of the New York case,
the dyke sued and won!
If
I owned a business in New York, I would move to any state (except California)
immediately. When
reductio ad absurdum always leaves another
lawsuit (which also happens to disprove the first lawsuit if it were
filed), the only people who have civil rights are trial lawyers. No
matter what New York business owners do, they are in a situation of
double-jeopardy and will have their pants sued off by trial lawyers.
(Those who insanely love New York can always install 18 bathrooms in
their restaurant -- one for every possible perversion -- and hire a
team of potty police to check ID’s and make happy customers drop
everything below the beltline to prove their genital structure.)
Like
the Massachusetts decision in
Goodridge, the California ruling
does not relate to the claim on which the decision is based. In both
cases, lesbians and gays litigated for their “right to marry.”
As in Massachusetts, the court did not question whether or not their
request for relief was narrowly tailored to precisely relieve
the discrimination they claim (which is a mandatory test in constitutional
“strict scrutiny” decisions). In both cases, the courts
blithely went far beyond the stated claim of discrimination in requiring
both states to marry any two women or any two men, regardless
of sexual orientation. This alone renders the decision a fraudulent
simulation of constitutional process.
Mark my words: California is headed into a much larger and darker form of gender-class warfare than ever attempted before in America. And, California does not have the fiscal surpluses to cover the vast array of known social problems that will expand because men will be essentially turned into plantation slaves.
The California crime waves of the 1970’s caused by teen boys of the early 60’s divorce revolution (which Police Chief Daryl Gates could not explain), may seem minor in comparison to what will happen when the welfare state marries itself and men are treated worse than ever before.
California is beset by tremendous social problems because two generations of young men and women were largely brought up in father-absent families. Gangs are a major problem, the drugs they sell are destroying youth all across America, school shootings have become a “non-event,” and illegitimacy rates are skyrocketing. Both boys and girls are violent. And Hollywood sells us their insanity on cable television as “entertainment.”
A
few days ago, Governor Arnold Schwartzenegger announced his intent to
partially reduce California’s staggering $15.2-billion annual
deficit by selling
bonds against future lottery revenues.
Schwarzenegger’s astonishing suggestion is a not-so-subtle clue
that California is already a dead state: Lottery revenues are not a
bondable physical thing.
And that is not even mentioning the fact that states are not permitted to run deficits: only the Federal Government is permitted to do so – and for good reason.
California has outdone Al Capone: California has become self-will-run mob far larger than Capone’s ever was, and is doing so under the pretense of being a “state,” Its eventual failure will be far more devastating to the nation’s economy than the failures of Enron, the internet crisis, and the housing loan crisis. Need I point out that California was the primary or major cause of all these crisises to begin with?
I will now “out” the primary (unmentionable) driver behind the bizarre decisions of the Massachusetts and California Supreme Courts. Gay and lesbian litigation is a major income source for trial lawyers. Legalizing same-sex marriage opens up doors for explosive litigation in every state, which subsequently opens the floodgates for an endless stream of hydra-headed litigation in literally every area of law.
The A.B.A. and state Bar associations, like any other trade associations, instinctively pursue anything that makes more money even if it is wrong. The A.B.A. is particularly and irresponsibly aggressive because it is the only trade association in America which has sole authority to discipline its own profession (and to not sue itself when someone does something wrong). The Constitution and meaningful jurisprudence is thusly damned by the very profession supposed to protect it.
This explains why the California decision meticulously avoids titration of the obvious equal-rights guarantees provided only by natural heterosexual marriage, and in its place substitutes a foundationless rationalization bought by utter corruption in the back-halls of the legal establishment.
One of these days, California will suffer an earthquake worse than the recent event that leveled an area of China far larger than the state of California. While the bell would certainly toll loudly if that were to happen, somehow I have a feeling we won’t have to wait that long. The bell is already tolling for the majority of normal people unfortunate enough to reside in the collapsing state of California.
� 2008 David Usher - All Rights Reserve | 12,341 | 5,633 | 0.000183 |
warc | 201704 | Appeals from the Appellate Division, District Court of the Virgin Islands (St. Croix), Civil No. 88-00337.
Sloviter, Stapleton and Hutchinson, Circuit Judges.
Plaintiffs, Gasper Alvira Cruz, Jr., Teresa Bravo, Mary Berrios, Irene Alvira, Humberto Alvira, Jr. and Mariela Alvira, filed this action in the Territorial Court of the Virgin Islands to set aside a deed executed by Bonifacia Rucci on October 29, 1981, transferring all of her real property to her daughter, defendant Luz Esther Melendez. Plaintiffs Bravo, Berrios and Irene Alvira were children of Rucci, who died on September 6, 1982; Cruz was the grandchild of Rucci; Mariela and Humberto Alvira were Rucci's great-grandchildren. In their complaint, plaintiffs alleged that Rucci had been unduly influenced by Melendez in the conveyance of certain real property to the defendant. Trial was held on March 4 and 5, 1985.
Evidence was presented at trial that during the latter years of her life, Rucci suffered from diabetes and arthritis, and that in 1978 she was diagnosed as having breast cancer. She travelled to Puerto Rico for medical treatment, which included a mastectomy and chemotherapy. Thereafter, Rucci returned to her home in St. Croix and continued chemotherapy treatment.
In March 1981, Rucci rented out her properties and moved in with her daughter, Luz Melendez. Melendez testified that Rucci moved because of her state of deteriorating health, exacerbated by the death of Rucci's grandson the previous month. Melendez attended to her mother's daily needs while the two shared a home.
Throughout her illness, Rucci received medical assistance from the government. In July 1981, Rucci's eligibility for this assistance was called into question because of her ownership of property and the rental income which it was producing. Melendez testified that her sister, Mary Berrios, told her mother to transfer ownership of the property to all of her children to insure that the government assistance would continue, but that Rucci refused, insisting that she wanted Melendez "to have a larger share." App. at 283.
In October 1981, Rucci returned to Puerto Rico for a medical examination and it was determined that the cancer had reoccurred and spread to her skeletal system. She again received chemotherapy and other related treatment, and returned to St. Croix. Melendez testified that Rucci, anxious to arrange her final affairs, decided to deed her all of her real property. Melendez stated that she resisted being the sole grantee of the property, fearing familial discord, but her mother remained insistent. Therefore, Melendez proposed that she would give the remaining family members money from her own personal savings as an exchange, and Rucci agreed, except that she protested any gift to her grandson, Cruz, whom she characterized as a "bad son" (to her son) and whom she intended to exclude from her benevolence.
At the request of her mother, Melendez telephoned attorney Frank Padilla, Rucci's lawyer, to obtain assistance in the deed transfer. Padilla came to Melendez's home on October 26, 1981, accompanied by an English/Spanish translator, Aurea Stamatakis, whose presence was necessary because Rucci spoke no English. Padilla discussed with Rucci, in the presence of Stamatakis, the proposed transfer and its possible ramifications. Padilla testified he fully explained to Rucci the terms of the new deed, reminded her that the instrument would exclude her other children, and informed her of alternative options available, such as the creation of a life estate. Rucci told him that she understood that Melendez would receive the property to the exclusion of the remainder of the family, stated that this arrangement was what she wanted, and told him that she had given instructions to Melendez regarding the care of the remaining family members. Padilla excluded Melendez from the room "to be sure there [was] no coercion." App. at 190. He specifically asked Rucci if she was doing this freely. Id. Rucci then signed the deed by placing an "X" in the appropriate space.
Thereafter, in December 1981, Melendez gave Mary Berrios a check for $12,000; Irene Alvira a check for $11,800 and $200 cash; and Teresa Bravo a check for $7,000.
*fn1 Additionally, Melendez gave $2,000 in savings bonds each to Iraide Alvira and Betzaida Alvira, two of Rucci's grandchildren. Pursuant to Rucci's wish, nothing was given to Cruz.
Based on the testimony presented and his credibility determinations in favor of Melendez in the face of conflicting evidence, the trial judge entered judgment in favor of defendant. The court held that the presumption of undue influence, enunciated in Joseph v. Eastman, 344 F.2d 9, 12 (3d Cir. 1965), did not arise in this case. The court found that although Rucci was advanced in age and physically infirm at the time of the execution of the deed, and that a relationship of trust had existed between Rucci and Melendez, the evidence did not establish that Melendez exerted influence over Rucci. The court held that the Joseph presumption did not arise because Rucci was mentally competent at the time she executed the deed, to the extent that she fully understood the nature of her act and realized the consequences thereof, and because consideration had been given for the transfer of the property in the form of Melendez's gifts to her relatives.
On appeal, the Appellate Division of the District Court of the Virgin Islands vacated the judgment of the trial court. The court held that the trial court had misinterpreted Joseph. It held that because Rucci was aged and infirm at the time of the deed's execution, and because she had maintained a relationship of trust with Melendez, a rebuttable presumption of undue influence had arisen as a matter of law.
*fn2 The case was remanded to ... | 5,825 | 2,588 | 0.000388 |
warc | 201704 | Friday, April 30, 2010
Let’s put aside graduation rates for the moment (though just for the moment) and look more closely at the data that Darling-Hammond cites. There’s only one national test that NJ and California students take: the National Assessment of Educational Progress, fondly known as the NAEP. And while it’s true that average scores in California for all 4th and 8th graders (the two age groups tested by NAEP) are comparable to average scores for Black and Latino students in NJ, there’s one piece of data missing from Dr. Darling-Hammond's analysis: 53% of California’s students are eligible for free and reduced lunch, the metric for establishing economic disadvantage. In contrast, 31% of NJ’s 4th graders are eligible for free and reduced lunch and 26% of 8th graders are. So the differences in state averages directly correlates with degree of affluence. On average we’re richer here than in California. Our kids score better on tests.
Let’s dig a little deeper. The 4th grade reading results for California show that white 4th graders average 227 points. Black Californians average 27 points lower (200) and Hispanic 4th graders average 31 points lower (196). 4th graders in NJ have a slightly smaller gap. White students in NJ average 237 points. Black and Hispanic NJ 4th graders average 213 (24 points lower). The 8th grade reading test results demonstrate more similar profiles. In California, 8th grade white students average 269, while black 8th graders average a 26 point achievement gap and Hispanic students average a 28 point gap (243 and 241 respectively). In New Jersey white 8th graders average 281 points. Black students average 250 points, a 31 point gap, and Hispanic students average 256, a 25 point gap.
Not much difference. While we can be justifiably proud of our test score averages, we might as well be proud of affluence. Here’s the bottom line from the NAEP commentary:
In 2009, the score gap between students in New Jersey at the 75th percentile and students at the 25th percentile was 41 points. This performance gap was not significantly different from that of 2003 (43 points).Dr. Darling-Hammond’s lecture was sponsored by the Education Law Center, not a disinterested party. ELC is currently fighting Gov. Christie’s school aid cuts and arguing that the State is obliged to fund poor students at the same rate as rich students, the backbone of the Abbott decisions, now codified in the School Funding Reform Act. Bob Braun writes in the article, “[h]er purpose was to describe how, at least until recently, New Jersey’s dramatic, if expensive, policy of ensuring financial parity in the public schools had actually begun to pay off.” That may well be, but her Exhibit A –the NAEP scores – don’t do much to advance the argument that our system of urban education for impoverished students in NJ has borne much fruit, or at least done much for the achievement gap. Thursday, April 29, 2010
One can argue the merits of the lawsuit till the cows come home (isn’t giving money back to school districts funded by property taxes a form of property tax relief?) but one thing’s certain: bad timing and bad strategy. What’s NJEA thinking? That this salvo will muster sympathy from voters who look upon a 1.5% contribution to health benefits as chump change?
Carl Golden over at New Jersey Newsroom says that this lawsuit “may turn out to be a classic case of the wrong fight in the wrong place at the wrong time,” filed 72 hours “after taxpayers defeated nearly six in every 10 school district budgets — the greatest rejection rate in 35 years — in a stunning backlash against ever increasing government spending and ever increasing property taxes.”
No offense (yes, yes, none taken) but does NJEA pride itself on this sort of tin-eared, flat-footed strategic debacle? How many ways can its leadership demonstrate an uncanny deafness to public perception? Can’t you hear the buzz?: “You want a health care contribution? I’ll show you a health care contribution. You wanna swap?”
These members...have provided long-standing, honorable and essential services to the public school students of the State of New Jersey. As a result of S-3, these public employees will be singled out and punished for their service, unlike their private sector counterparts. Wednesday, April 28, 2010 Students who have not passed the HSPA or the AHSA should not receive a New Jersey high school diploma during commencement ceremonies. But again, we would encourage you to allow them to participate. *New award from NJ Left Behind in honor of Mr. Glenn Beck of Fox News whom Jon Stewart describes as "a guy who says what people who aren't thinking are thinking."
So, the big idea today is that the way to fix American education is to identify bad teachers and fire them. I agree that we should get rid of bad teachers (but only after a fair hearing, in which charges against them are substantiated). But I also believe that this issue is a red herring that distracts us from far more important issues.
Right now, I would say that Bush's No Child Left Behind and Obama's Race to the Top are more injurious to American education than bad teachers. There is a way to solve the problem of bad teachers. They can be denied tenure or fired, but no one knows how to stop the damage done by NCLB and the predictable damage that will be done by RTTT.
In addition, the pool is getting smaller. According to Andy Smarick over at Flypaper, four states will now officially not compete – Arkansas, Indiana, Texas, and Vermont; odds are high that Minnesota, North Dakota, South Dakota, and Nebraska will drop out; and it’s looking likely that Alabama, Mississippi, Montana, New Hampshire, Nevada, and West Virginia will be next. Whether this all proves that Woody Allen was right about success being all about showing up (as Smarick quips) or whether everyone is just plain tuckered out, this is good news for NJ’s prospects. After all, there’s nothing to stop us from putting together a truly reform-minded proposal if there’s no worries about NJEA buy-in. In addition, our (unprecedented?) education upheaval – both politically and fiscally – creates a fertile soil for reform. There’s nothing like discontent for breeding change.
Tuesday, April 27, 2010 That’s a heart-breaking quote in the Courier-Post’s story today from a parent of one of the hundreds of Camden City High seniors who failed the Alternate High School Assessment (AHSA), which for the first time this year replaced the old SRA. (For background, go here.) According to the article, an unnamed source said that half of the Camden’s seniors didn’t pass, which makes them ineligible for graduation and puts them in crowded company; our first go-round with the new ASHA and its more stringent procedures resulted in a failure rate of 90% of the 4500 kids who took the language arts portion and 66% of the 9,500 kids who took the math portion. The DOE’s take on this is that the new assessment hasn’t been field-tested yet it was “surprised” by the high rate of failure. Deputy Commissioner Willa Spicer issued a statement explaining that students who failed will take it again in August and “only then will we know how well students performed” because right now we have an “incomplete picture” and it’s too early to draw “meaningful conclusions.” My heart is crushed right now just because he worked hard to reach this point," [Beyonka] Walden-Utley said about her youngest son. "Please understand, I don't want him given anything he did not earn. But at the same token, I don't want him to not to have the same opportunities all the other children had prior to him to achieve this goal."
Of course it’s embarrassing. The SRA has allowed us to blithely offer diplomas to inadequately educated kids, thus inflating our high school graduation rate (much touted by NJEA as a sign of the health of NJ’s public education system) and covering up the failure of schools like Camden High. It’s not much of a cover-up; the data’s right there. For example, parents like Ms. Walden-Utley send their children to Camden High where the graduation rate is 39.8% (state average is 93.3%) and 33.3% are classified as eligible for special education services. There are no Advanced Placement courses. 31% of kids – the top achievers, most likely – even bothered to take the SAT’s, and average scores last year were 342 for Math and 352 for Verbal. Only 25.9% are able to pass the standard HSPA, a middle-school level test, and 53.3% used the old SRA last year. In fact, 80.5% failed the language arts portion of the HSPA in 2009 (up from 73.6% in 2008). In 2008, 87.1% failed the math portion; this year so few kids passed math that there is an asterisk in the state data under that column. A footnote explains, “To protect the privacy of students, the Department of Education suppresses sufficient information to eliminate the possibility that personally identifiable information will be disclosed.”
There are few other options for families. There’s another public high school, Woodrow Wilson, where 13.4% of kids pass the HSPA (though more kids go to college from there and there’s even a few A.P. courses. One student out of the 986 kids there got a passing score.) Camden Public Schools has a couple of magnet schools like Brimm Medical Arts, with stellar test scores and a passing rate of 89% on the HSPA, and Creative and Performing Arts High School, with less stellar scores and a 57.7% passage rate.
How about our Interdistrict School Choice Program, reviewed yesterday morning by the Senate Education Committee for potential reauthorization? Too bad. The one school that offers Camden students the ability to cross district lines in Camden County is Brooklawn Public School District, with 314 kids in grades K-8. High schoolers in Camden are out of luck.
The AHSA results are not the problem. They are the symptom of the gross failure of Camden Public Schools to thoroughly and efficiently educate their students. As Derrell Bradford explains in today’s editorial in the Press of Atlantic City, the kids who passed the SRA, but are now failing the AHSA in droves did just fine in school, including Camden High. A study undertaken by the DOE “discovered that 90 percent of SRA users took, and apparently passed, Algebra I. A stunning 86 percent took and passed Geometry, while 71 percent and 91 percent took and passed Algebra II and Biology, respectively.” Yet these same students can’t pass the HSPA or, it appears, a more rigorously-proctored AHSA. When queried about the tendency of students to get shunted through courses like a piece of mail through a pneumatic tube, a DOE official explained, "School districts can call a course anything they want."
We’ve been calling a high school diploma anything we want. Accountability, anyone? Until we get there kids like Ms.Walden-Utley’s son will not only lack a high school diploma but also the scholastic knowledge it’s meant to celebrate.
Monday, April 26, 2010 It’s a New Jersey story, of course, because that’s where government bloat and dysfunction have become an art form… It’s pretty clear that current trends in salaries and benefits for public employees are unsustainable, but it’s also clear that fixing budget and tax policies will take more than getting tough on them.Josh McMahon, former political editor for the Star-Ledger notes in New Jersey Newsroom: [T]he take away from the historic school board elections is doh…the people aren’t happy.They want property taxes brought under control. They think teachers and government workers are out of touch with economic reality. They want meaningful change and they're not willing to wait years for it to happen,Alfred Doblin, Editorial Page Editor of The Record, takes umbrage at NJEA bosses’ refusal to consider concessions and warns about consequential public outrage: [T]eachers also must be realistic — most private-sector workers are making sacrifices.The Times also notes that NJ's school districts have just suffered the highest rate of school budget defeats since New Jersey School Boards Association started keeping track of these statistics in 1976. Yet a casual listener to the 4 and 1/2 hour Assembly Budget hearing this afternoon would be forgiven for thinking that taxpayers reside in one NJ -- one where school costs are patently unsustainable -- and that some of the Assembly members reside in a separate reality -- where it's appropriate to gripe about school aid cuts, teacher lay-offs, lack of adherence to the school funding formula, and Comm. Schundler's prediction that next year could be worse. If the Assembly can't read the electorate, maybe it should start reading local papers. The louder the rallies, the more likely public support will move closer to the governor and farther away from hardworking, middle-class men and women who teach. A 1.5 percent contribution toward health care is nothing. Retiring at 62 or even 65 is not the end of the world. A pension, instead of having to rely solely on a 401(k) and maybe savings, is still a very good thing. And tenure – well, if the angry rallies continue, tenure will be on the table. And that is a Pandora’s box best left shut in this political climate. Mr. Duncan said in an interview that he welcomed the friction between union and state officials but warned against states weakening their overhaul plans simply to win buy-ins from unions. "Watered-down proposals with lots of consensus won't win," he said. "And proposals that drive real reform will win." [Solving school districts’ financial problems] CANNOT be achieved on a continuing basis by school boards and school district administrators. The most courageous and talented amongst them will manage the resultant challenges better than others. But it would be ridiculous for anyone to imagine that school boards are all spineless and superintendents are all incompetent and that’s why costs are soaring in every school district. The pervasive financial distress you see in our school districts is the product of state laws. Past state leaders created districts’ structural financial problems and only you and the Governor can solve it. Recognizing this, Governor Christie will be advancing proposals that will work to moderate the pace at which school district salary and benefit costs are rising throughout New Jersey. In addition, he will be proposing a constitutional cap on the pace at which spending for direct state services can rise. Checking the growth of state government will ensure that when economic growth does increase state revenues, the money is kept available for property tax relief and the education of our children.
Odds are that the bill will pass muster in Committee and the Senate, and it’s a great baby step towards opening up successful schools to children and families trapped in neighboring failing schools. Here’s another benefit: the timing is perfect for our next Race To The Top application, rumored to be unveiled any time now, though so much depends on NJEA support.
The official reviews of our first heat in the federal competition garnered this criticism of NJ’s narrow attempt to allow students to cross district lines: “Interdistrict school choice has reached its capacity for participation. This one (identified) attempt — now at capacity — seems meager in light of the many types of innovative programs available to public schools and LEAs since 1999.” While NJEA’s leadership originally supported the fiercely circumscribed program (only one “choice” district per county, districts must volunteer regardless of empty seats), it’s remained lukewarm about efforts to increase capacity. Here’s NJEA’s Steven Baker back in 2009: "The concern we have is ... if enough kids were to move out of a district in one grade or school ... it could lead to a cut in services or programs for kids left behind. It was never intended to harm the students who were not taking advantage of the program."
It’s the same argument waylaid against any sort of school choice, most specifically charter schools (and not just by NJEA; Diane Ravitch is the president of that club). Offer choice to students and you’ll “cream” off the most motivated families, leaving the traditional public schools worse off. Here’s a tip to NJEA’s leadership: let this one go. It’s going to pass through the Senate and voicing recalcitrance only heightens the perception that NJEA is deadset on undermining any sort of education reform. How about a press release that praises the bill’s intention to offer kids a way out of chronically failing schools? At least that’s one feature of our Race To The Top application that NJEA can embrace. It’s a win-win opportunity for the DOE and NJEA.
Sunday, April 25, 2010 The governor needs to replace "NJEA" in his vocabulary with "home rule." While it is important that he continue to keep the powerful teachers union's feet to the fire, he cannot tread quietly around police, public works departments or public utilities. There are too many patronage jobs that exist solely to give politically connected people health benefits and pensions.Good overview on school budget failure sequellae from Philadelphia Inquirer.
Senator Loretta Weinberg explains to The Record that “we simply have too many school districts and too many layers of government.”
Assembly Majority Leader Joseph Cryan decries Gov. Christie's attitude: ""Gov. Christie seems content to view public employees as his personal whipping boy -- unaware or willfully ignoring the fact that his actions continue to wage war on New Jersey's middle class and threaten the retirement planning of tens of thousands of hard-working residents."
Assembly Deputy Speaker John F. McKeon says that "the Governor was exploiting the people's pain to advance his personal vendetta with the New Jersey Education Association."
The Record calculates that teacher retirement incentives could result in the loss of 29,300 of NJ’s 143,750 certified teachers, or 20% of the work force. Some school districts are worried about losing their most experienced teachers, though Gov. Christie says "there are plenty of good, enthusiastic teachers ready to take their place."
The New York Times examines NYC's public schools' predicament, where there will be many lay-offs. Commissioner Joel Klein says that seniority rules, which require that the most recently hired teachers be the first to lose their jobs, are "anachronistic:" "In an era of accountability, they say, the rules will upend their efforts of the last few years to recruit new teachers, improve teacher performance and reward those who do best."
Ron Williams, Executive Director of the B.J. Wilkerson Memorial Child Development Center, gets paid $300K per year as head of a two-campus preschool and daycare center. The Center’s total annual budget is $4.3 million and 98% of it is government funds. So taxpayers compensate Mr. Williams at a rate of about $1,000 per toddler per year. On the other hand, reports The Record, Mr. Williams’ salary is set by the Center’s Board. Williams’ wife is vice-president of the Board.
Even-handed editorial today from the Star-Ledger Editorial Board, which urges the NJEA leadership to support local district salary freezes and urges Gov. Christie to exercise “flexibility” on the millionaire’s tax: “The typical school district faces a state aid cut amounting to 5 percent of last year’s budget, and a personnel cost increase of about 4 percent. Fixing one problem won’t take care of the other, but it sure would help.”
John Bury on NJ’s “Bleak House” for pensions: reforms adopted this year are “otiose” and won’t save a cent til 2035: “All this legal action will do is profit a bunch of lawyers, including Carla Katz. The system is unsustainable and you can't sue money into existence.”
The high rate of budget failures on Tuesday got the attention of national education analyst Joanne Jacobs:
Statewide, school spending increased by $1,003 per student last year, an average of 8 percent, reports New Jersey’s education department. Average per child comparative costs in K-12 districts rose to $13,601 during the 2008-09 school year, compared to $12,598 the prior year, and $11,939 in 2006-07. New Jersey is one of the highest spending states, but the reliance on property taxes means that some districts spend a lot more than others.Over 14,000 public school students in NJ have registered for a new facebook page called “Protest NJ Education Cuts-State Wide School Walk Out.” The walk-out is planned for this Tuesday from 8-4; location is “everywhere in NJ.” Friday, April 23, 2010
A new trend – perhaps unexpected from the feds – is that states are starting to drop out altogether. Kansas is throwing in the towel, and state associations in Colorado, Massachusetts, and Indiana have announced that they will refuse to participate, an effective death knell. New York’s chances look unlikely. All these states placed above us in the first round.
The NJ DOE is strangely silent, but who can blame them? What are the odds of NJEA’s leadership reversing course from our first try and instructing local presidents to sign off on our next application? Pretty slim. On the other hand, what better way for NJEA to resuscitate its image than to join with the DOE, local school boards, and superintendents in solidarity for improving public education? The rotten tomatoes aimed right at union leader heads would be replaced by roses as all applaud NJEA’s progressive determination to improve our schools.
If NJEA’s leadership maintains its strategy of nay-saying, all local associations will bear the brunt of continued assault. A Race To The Top “yes” can turn that rotten ship around.
Challenging teachers unions to live up to their cloying "it's really about the kids" rhetoric, [Christie] has told them to choose between a pay freeze and job cuts. Validating his criticism by their response to it, some Bergen County teachers encouraged students to cut classes and go to the football field to protest his policies, and a Bridgewater high school teacher showed students a union-made video critical of him. Christie notes that the $550,000 salary of the executive director of the teachers union is larger than the total cuts proposed for 190 of the state's 605 school districts. He has received some support from the Democratic president of the state Senate, Stephen Sweeney, a leader of a local ironworkers union. This suggests waning solidarity between unionized private-sector workers who are weary of paying ever-higher taxes to enrich unionized public employees.
That would be novel. The way it works now is that educationally-illiterate municipal leaders – town councils and the like – come up with an arbitrary cut that they think will satisfy the electorate and throw it back to school boards. Wanna put more pressure on NJEA? Here’s the ticket, must be the thinking in the Governor’s office.
It’s not a bad idea, though our best guess is that local union leadership will be instructed by NJEA to refuse to participate in such a huddle.
Then, of course, there’s situations like in North Bergen School District, where voters, notes Wally Edge at PolitickerNJ, rejected the budget by a 83%-17% margin. Therefore, the budget will go to the municipality for slicing and dicing. The Mayor of North Bergen, who will be the Chief Decider regarding cuts in the school budget, happens to be State Senator Nicholas Sacco, who will then send it back to North Bergen Schools, where Senator Sacco is also, conveniently, the Assistant Superintendent of Schools. Ah, New Jersey.
Thursday, April 22, 2010
They’re both right. Page 25 of the report says, “it is estimated that if all school districts took these actions [freezing teacher salaries] they would still have to address a budget shortfall of at least $849.3 million,” proving NJEA's point. (More disingenuous is the statement in the press release that “New Jersey already ranks 45th in the nation in state support for local public school," a blatant misrepresentation of NJ's school funding model.) On to ELC's press release that itemizes the ways in which next year’s school budget shortchanges SFRA:
* setting the Consumer Price Index at zero instead of using the true CPI of 1.6%;Here’s the question: does it matter if Gov. Christie fudged the math on the impact of wage freezes? Does it matter if the School Funding Reform Act assumes higher state contributions to local districts? Whether or not Tuesday’s school board elections represent the “seismic shift” that Gov. Christie confers on voters’ judgments, there’s no going back. Fuzzy math and Abbott history aside, who can imagine a scenario where, for instance, our Governor wades into a crowd of union members, raises his fist and cries out “I’ll fight for you!” (Corzine in 2006.) Or the State Legislature amicably passes Statute 18A:31-32, granting “ whole salary” to “any teacher, secretary, or office clerk” who want to buzz down to Atlantic City on a Thursday and Friday in November for the NJEA Teachers Convention? (The only NJEA state associations that allow this practice are Vermont, Minnesota, Utah, and Wisconsin. All other state confine their conventions to weekends or summer, though Maryland closes for one Friday.) Been there, done that. From today’s New York Times: * reducing state aid growth-- the maximum amount by which a district's aid can increase in one year -- to zero rather than 10% for districts spending above adequacy and 20% for districts spending below adequacy; * reducing aid by an average of 4.99% of a district's total general fund budget for FY10 by cutting funds from specific SFRA formula categories, including: 1) adjustment aid; 2) transportation aid; 3) security categorical aid; 4) special education categorical aid; and 5) equalization aid; reducing extraordinary special education aid by 15%. The message of “enough is enough” resounded across the state, from urban to rural districts, and even in well-to-do suburban communities like Ridgewood, where residents are particularly proud of their schools. It was a drastic change from a year ago, when voters approved nearly three-quarters of the school budgets during the height of the economic downturn.Pending is a proposed constitutional amendment that would limit annual property tax increases to 2.5% (effectively capping salaries way below standard practice), retirement incentives that could potentially transform NJ’s teaching force (NJEA estimates that 30,000 school employees will retire), and mandated health benefit premium contributions. Welcome to whole new economic vision of public education in NJ. The election results are obviously a big setback for the Democratic Party-government union alliance that has ruled Trenton for the past decade. So far, Governor Christie is winning the spending debate. The lesson for other governors is that opposition from public-employee unions is not insurmountable if you can articulate to voters what's at stake.Joseph Marbach, Dean of the College of Arts and Sciences at Seton Hall: I think the governor was very successful in ... portraying the teachers union as out of touch with what’s going on with working families. The voters are more aligned with his position... I think it ... gives him continued momentum to continue to rein in costs.Star-Ledger Editorial Board: In this springtime production, Gov. Chris Christie played the Wizard of Oz, pulling levers to produce thunder and fire, while casting teachers union president Barbara Keshishian as the Wicked Witch of Trenton.The governor apparently won over most of the audience. Yesterday he said the voters’ rejection of a majority of school budgets shows they agree with his push for “real, fundamental change.” But there is still strong public support for New Jersey’s public schools as evidenced by the 41 percent of budgets passed and the narrow margins of defeat for many others.Joseph DePierro, Dean of Seton Hall College of Education: It connects with a little bit of the tax rebellion going on in the state and nation. Maybe we can’t afford the Cadillac. We have to go back to the Ford version of our education.The Courier Post Editorial Board: Teachers and teachers union leaders who continue to ignore or minimize these facts do so at their own peril. They want to look at voters rejecting budgetsas an evil attack on kids brought on by a Darth Vader in the governor's mansion. They don't want to recognize that when people say they're fed up with the continual property tax increases that outpace their modest income increases, they actually mean it. That's why Christie got elected in November and why school budgets got voted down Tuesday.Patrick Murry, Director of the Monmouth U. Polling Institute, in New Jersey Newsroom: State Senate President Steve Sweeney in PolitickerNJ:
So, here's what we know about the New Jersey public:
They think the size of the cuts in state aid to local schools is unfair. They think the teachers' unions should be willing to come to the table and agree to a wage freeze and benefit contributions. They don't want educational programs cut. They don't want their property taxes raised. He's cut school funding dramatically but he has people thinking it's other people who are the problem. He found a villain in the teachers, and he's saying, 'It's not me, it's these guys over here. Politically, it was a masterful job. He cut the funding to cause taxes to go through the roof, so it's his lack of funding causing school budgets to go up. And people are angry. Wednesday, April 21, 2010 On April 21, we are hosting a workshop for Phase 2 applicants where officials from Tennessee and Delaware will share information about the reforms under way in their States and answer your questions. We hope that this information provides your teams with inspiration and ideas, but we should emphasize that the best Phase 1 proposals built on individual States' unique needs, strengths, and assets. So as you take this time to develop your applications, we recommend that you draw on the lessons that you have learned from your highest-performing districts and schools, research from your universities, and the assistance and capacity offered by your nonprofits, community organizations, and foundations. From last night's results, it seems clear who won. (Hint: it wasn't the teachers union.)It’s not clear that this was Christie’s win. Remember, he urged voters to turn down budgets where NJEA local bargaining units turned their noses up at salary freezes. However, in school districts where concessions were made -- about 20 by our count – 12 of those budgets still got voted down. (For those of you keeping track: Burlington City, Florence, Willingboro, Hunterdon Central Regional, Manalapan-Englishtown, Upper Freehold Regional, Wall, Hopewell, Bridgewater-Raritan, Hillsborough, Vineland, and New Providence,.) Not quite King Christie. Still, the loser is easy to identify. NJEA’s relentless focus on the “millionaire’s tax” apparently didn’t cotton to voters, and its rhetoric back-fired. The NJEA, for all its talk, just lost a significant amount of its clout in the Statehouse. After all, Christie just went to war with the union -- which make no mistake, was the most feared in Trenton -- and not only survived, but won.
Whether it’s a “major victory” for Christie is debatable, but it’s a major loss for NJEA’s leadership.
Tuesday, April 20, 2010 Mr. Christie doesn't think that state and local budget problems can be fixed without tackling education spending. That's because the state has a hybrid system in which local property taxes fund schools and some of the money is redistributed by the state from affluent areas to poorer communities. According to Mr. Christie, New Jersey taxpayers are spending $22,000 per student in the Newark school system, yet less than a third of these students graduate, proving that more money isn't the answer to better performance.James Freeman, Assistant Editor of the Wall Street Journal
Will Comm. Schundler garner more union buy-in with NJEA’s leadership on our next RTTT effort than did ex-Comm. Davy? Let’s see…Gov. Christie assailing teachers yesterday for using students as drug mules, NJEA members calling Gov. Christie a “fat fuck” on Facebook…well, you see how this is going. So here’s a way to bypass the rhetoric and work up an application that focuses on something we can all agree on: reforming education in our poor urban districts, the very schools discussed yesterday where only 10% of high school seniors can pass the language arts section of the newly-administered Alternative High School Assessment, where our drop-out rates approach 50%, where we have utterly failed to provide adequate education despite years of valiant advocating by ELC, vast sums of money, and endless streams of services.
That’s what Race To The Top is supposed to be about anyway, right? That intransigent achievement gap between wealthier, suburban kids (whom NJ does pretty well by educationally) and poorer, primarily urban kids (where our whole system breaks down). Recent NAEP scores prove that we’ve made no progress on closing the gap between performance of poor, mostly minority kids and wealthier, white kids. Why don’t we put together a Phase II RTTT application that punctures the pretense that our graduation rate “is the highest in the nation” and faces squarely our dismal history of segregating poor students in chronically failing schools?
We already have various lists (here’s one) of our poorest performing schools. We could put together a package of reforms that we’d apply to these specific districts while hewing closely to RTTT’s four assurances: rigorous standards that prepare students for success in college and the workforce, recruiting and retaining effective teachers, turning around low-performing schools, and building data systems to track student achievement and teacher effectiveness. For example, Camden City Schools, where 53% of high school seniors graduated only because we allow districts to ignore their academic failings through bogus assessments. Our RTTT application would mandate that, in Camden, we link teacher compensation to student growth, keep academic standards high, and expand school choice. In Camden. Wouldn’t that be an either sell for NJEA’s local units than trying to force reform in functional school districts?
Conveniently, our chronically failing districts are distributed across NJ, so in essence this is state-wide educational reform. But it would take the support of all stakeholders – NJEA, local school boards, the Legislature, the DOE, ELC too – in order to put together a convincing proposal for reform. If we focus our efforts on the kids who really need it, we might just amass the buy-in we need.
Monday, April 19, 2010
While there’s no official response yet from Comm. Schundler, there is unofficial news from the NJ DOE. Michael Parent, the Principal of Dumont High School in Bergen County, heard a rumor that the NJ DOE was planning on having Gov. Christie sign an Executive Order stating that all high schools in NJ must allow every student to march in graduation regardless of whether he or she passes the AHSA. So Mr. Parent wrote a letter to Deputy Commissioner Willa Spicer regarding this rumored Executive Order, which he believes “trump[s] the graduation policies of districts” and serves as an abrogation of the DOE’s stance on increased academic rigor. Here’s Dr. Spicer’s reply:
We do not know if we need an executive order but we want students who have passed all their courses, come to the remedial program regularly, come to school regularly and attended to the work of his or her classes to march in graduation. They will not receive a diploma but will be able to attend a summer program and take another test at the end of the summer. We hope that the state will be able to provide software that has proved effective in other states and we hope that those students who are willing to work with the system will be able to read, write and do math well enough to earn a NJ diploma by August. I know that you, too, hope for the best for the students. We would be happy for your help in achieving the purpose.Okay. Fair enough. We all want our high school graduates to read, write, and do math. We all want the best for our students. Yet of the 10,000 students tested in January only 1,000, or 10%, passed the language arts section. From the Education Law Center’s press release: “In 120 school district not a single student passed the language arts portion, and in 40 district not a single student passed the math portion.” How is it possible that after a “summer program” and “software that has proven effective in other states” that every one of these students, who have walked across the graduation stage celebrating the successful completion of their high school careers, will pass the AHSA?
Does the NJ DOE plan to toss a test that accurately assesses student academic achievement (or lack thereof) and reinstate the much-abused Special Review Assessment? Just how meaningless is a New Jersey high school diploma? To what degree are we willing to perpetuate the pretense that NJ adequately educates the children in our poor, segregated school districts? We await further word from the DOE.
ELC’s logic is that the test is flawed and all scores should be invalidated. In fact, these test scores point to the systemic failure of NJ’s public schools to adequately educate the population that ELC advocates for poor urban students.
Let’s back up. First of all, New Jersey is the only state in the country that allows students to bypass standard state assessments. Originally AHSA (called the Special Review Assessment until last year) was intended for special education students who, for reasons of disability, could not pass the standard HSPA. However in 1991, as a DOE white paper from May 2003 recounts, districts started using the alternative test for any student, disabled or not, who failed the HSPA three times. Over time, districts with large numbers of failing students have relied more frequently on this back-up test in order to graduate acceptable numbers of children. Example: last year 53% of Camden High School’s students graduated high school based on SRA results, as did 53.8% of Trenton Central High seniors and 59.1% at East Side High in Paterson. The DOE white paper nails the conditions that allow barely literate students to receive NJ high school diplomas:
It is nearly impossible for the state to monitor the conditions in which the SRA is administered. The secure storage of materials is another challenge to the validity of the system. Although the department provides clear direction in the selection of PATs and criteria for the appropriate scorers, there is little capacity to audit all districts to ensure compliance. It is not feasible to perform the widespread re-scoring of student papers to necessary to determine the level of local scoring reliability.
Fast forward seven years to our new test, the AHSA, which was given for the first time in January and graded by a reputable outside agency called Measurement, Inc. The testing materials from Measurement include this adviso (in large bold letters) which gives a window into the sham that has allowed high school seniors to graduate in spite of an inability to pass an 8th grade level test: "ONCE THE STUDENT BEGINS TESTING, THE TEACHER OR ADMINISTRATOR WHO IS ADMINISTERING THE AHSA PAT MAY NOT ASSIST THE STUDENT IN ANY WAY EXCEPT TO MAKE SURE THAT THE STUDENT IS ON THE CORRECT PAGE IN THE ANSWER DOCUMENT."
The results of such basic oversight? According to ELC’s press release, of the 10,000 students who took the test in January, only 10% passed language arts and 34% passed math. In 120 school district not a single student passed the language arts portion, and in 40 district not a single student passed the math portion.
This rate of failure, indicative of the inability of our urban schools to effectively educate students, is, apparently, an embarrassment for both the ELC, which has argued heartily that excessive funding produces adequate learning, and for the NJ DOE, which is ultimately responsible for awarding high school diplomas to illiterate students. We could throw in the NJEA too, which highlights on its website that “New Jersey continues to have the highest graduation rate in the nation.” Sure we do, as long as hand out meaningless diplomas like glowsticks at a rock concert.
Next, we'll look at the NJ DOE's response.
Sunday, April 18, 2010 Since 2001, spending by local towns across New Jersey has risen by 70 percent, with average 4 percent raises for teachers each year playing a major role in the increases. During that same period, property taxes have risen by 56 percent. Christie…has called on teachers to agree to a shared sacrifice of freezing their salaries and helping to cut school costs so taxes can be lowered and property owners will stop griping that it costs too much to live in New Jersey. My prediction: Christie is going to win this war.Mike Kelly in The Record.
Bob Ingle of Gannett papers says that “Tuesday[‘s school budget elections] brings a showdown in the battle between Gov. Christie and the NJEA,” with the teachers union spending more than $1.8 million on anti-Christie advertising.
The Press of Atlantic City suggests NJ may be ready for county-wide school districts because “educating students is a societal responsibility” and we should “spread the tax burden more broadly than it is now.”
David P. Thompson at Associated Content compares Christie and Schundler to Laurel and Hardy.
Alfred Doblin, editorialist for The Record, comments on NJEA’s “Respond to Negative Editorials Week: "The BCEA can flood an editorial board with self-serving letters of support if it chooses, but it would do better to earn support from the public at large. A lesson from the recent Corzine campaign: You can’t buy love. If voters decide you are not right, for whatever reason, no amount of money can change that. And if you are spending millions of dollars to convince voters that your members have no money, you have a fundamental problem with logic.and its response to bad press."
Assembly Majority Leader Joseph Cryan and Assembly Education Chairman Patrick J. Diegnan, Jr. slam Gov. Christie’s pension and benefits reform because it will “trigger the retirement of tens of thousands of highly qualified educators who would be forced to leave our classrooms to protect their retirement planning.”
The Asbury Park Press looks at local school districts' fears about failing budgets on Tuesday.
The Courier Post has a 12-page article on local school budgets, and notes that "For the first time since school elections began here in 1903, Tuesday's vote may be more exciting than the usual snooze."
The State of Maryland has issued its draft proposal for the June submision of Race To The Top applications, and the Education Law Center complains that the NJ DOE is gambling with the support of stakeholders by releasing no information.
Friday, April 16, 2010 The thing holding up action [on collective bargaining, health benefit cost-sharing, and pension reform legislation] is fear. New Jersey's public sector unions are powerful. The teachers union alone has dues income greater than the budgets of New Jersey's Democratic and Republican parties combined. Public employee unions oppose the Governor's proposals because the reforms would bring public sector compensation growth more in line with private sector compensation growth, instead of allowing it to rise 2 or 3 times as fast.
What would be the real impact on students if older, more experienced school teachers left and were replaced by less experienced instructors? After all, NJEA believes “as many as 30,000 could retire by Aug. 1st,” or about 14%, a substantial turnover. Will this bill do “irreparable damage?”
Ms. Keshishian says “yes”: “Christie’s proposal could cause thousands of veteran, talented teachers to retire before they would normally do so,” Keshishian predicts, “plunging districts into chaos as they scramble to hire new staff just a month before classes resume in September.” No doubt some wonderful, talented jewels of the profession would move on. But unacknowledged in her panicky diatribe is the well-established fact that additional years of experience do not improve teacher effectiveness.
In a study published in Education Next, “A Close Look at Teacher Experience,” three researchers conclude that “Teachers make long strides in their first three years, with very little experience-related improvement after that. The students of third-year teachers score 6 percent and 3 percent of a standard deviation higher in math and reading, respectively, than students of first-year teachers.” From The New Teacher Project’s study, “A Smarter Teacher Lay-off System:" “Seniority-based layoff policies are frequently defended with the logic that more experienced teachers are better teachers. This is not necessarily true. Numerous studies have demonstrated that teachers improve the most over the course of their first years in the classroom, then level off in effectiveness.” Study after study, in fact, shows that a twenty-year teacher is no more effective than a five-year teacher, and teachers themselves are well aware of this. The TNTP study surveyed 9,000 teachers in two large urban districts about lay-off policies:u
Teachers in these two districts overwhelmingly rejected quality-blind layoff rules. When asked whether factors other than length of service should be considered in layoff decisions, 74 percent of teachers in District A and 77 percent of teachers in District B said “yes.” A majority of teachers at every experience level favored considering factors other than seniority. Even among teachers with 30 or more years of experience, 51 percent of teachers in District A and 57 percent in District B indicated that other factors should be considered.Instead of panicking at the prospect of an unprecedented number of teacher retirements, here’s an opportunity to reexamine our flawed assumptions about teacher effectiveness, i.e., more years in the classroom yields better teachers. If we are truly to have an influx of new teachers, as Keshishian predicats, then why don’t we gather information on our rookies’ ed schools and try to gauge effectiveness of training? Why not do some controlled studies on professional development to determine the efficacy of various in-service training? The role of mentors? The value of certification?
Effective teaching is not about accumulating years of service, even if our salary guides perpetuate that myth. Teachers, administrators, and school boards know this. So, what makes a good teacher? Maybe this is our chance to figure it out.
Thursday, April 15, 2010
Oddly, he adds another deficit: passage of the Scholarship Act, he claims, will hurt our chances at winning the next round of the Race To The Top competition:
Bill supporters also tout vouchers as a way to help the State secure a competitive Race to the Top (RTTT) grant. However, RTTT grants have extensive guidelines and requirements for stakeholder participation, along with strictly defined initiatives such as improving the distribution of qualified teachers and adopting more rigorous academic standards and assessments. Again, vouchers are not included as an RTTT reform strategy. If enacted, the voucher bill may well undermine the State's chance of winning an RTTT grant.While voucher programs are not mentioned in the RTTT application, there’s a clear agenda for expanding school choice. And, in fact, one of the highest scorers in the first round of RTTT – Florida – has one of the strongest voucher programs in the country, the Florida Tax Credit Scholarship, which is funded by corporate contributions in return for tax credits. Currently about 42,000 students (about half are special ed) receive vouchers.
How’d Florida do with its undermining voucher program? Out of the 16 states that were finalists for RTTT funds, Florida came in 4th. The two winners, Delaware and Tennessee, got 454.6 points and 444.2 points respectively (out of a possible 500). Georgia garnered 433.6 points and Florida ended up with 431.4. Pretty damn close, vouchers and all.
The most interesting question is why Mr. Sciarra chose to take a two-paragraph detour during his well-argued commentary, veering to a flawed argument about the impact of a NJ voucher program on our RTTT prospects. Was it a political calculation? After all, Vince Giordano, Executive Director of the egg-faced NJEA, is also a Trustee of Education Law Center, and might have insisted on its inclusion. Anyway, ELC has no fondness for RTTT (here’s one of its press releases criticizing the federal program) and isn’t likely to want to help NJ along in its quest for education reform funding. What gives?
Apologists for our educational failure say that we will never fix education in America until we eradicate poverty. They have it exactly backward: We will never eradicate poverty until we fix education. The question is whether we have the political courage to take on those who defend a status quo that serves many adults but fails many children.Co-Chairs of the Education Equality Project Joel Klein (Chancellor of NYC schools), Michael L. Lomax (Pres. of the United Negro College Fund), and Janet Murguia (Pres. of the National Council of La Raza) in the Washington Post. Wednesday, April 14, 2010
Guess this is the “tool kit” board members have been hearing about.
Certainly, the August retirement incentive plan would set a fair number of older teachers racing for the door, potentially saving money for districts and jobs for younger teachers. Here’s another factor: many leaders of local NJEA bargaining units tend to be older teachers. The new legislation, if passed, could bode well for those who favor changes in local union leadership.
This is a union problem. This is a union boss problem. If they're so concerned about the $750 a year the teachers would have to pay, you know, their dues that they make every teacher pay are $730 a year -- just about the same amount. It raises $130 million a year for the teachers' union. How about they just try and get by on the $130 million they got last year, waive the dues for this year, and then their teachers would be held harmless?In other humor, Pat Lobley at New Jersey Newsroom educates the leaders of the Bergen County NJEA office who sent out the “prayer” for the Governor’s swift demise. Says Lobley, But just because something is offensive, doesn't make it funny. A joke can be in bad taste, but bad taste doesn't mean there's a joke in there somewhere. This is a cop out that typically unfunny people make when they want to make a joke, but do not have the skill and dedication required to do so. If you are thinking you would like to try be funny, here are some tips: First, think of rhythm and pace. You can't just have some rambling statement ... "Dear Lord, blah blah blah this year you have taken, yada yada" ... and on and on. You've got to be crisp. Set up, payoff. Second, invoking the premature, agonizing deaths of people like Patrick Swayze and Farrah Fawcett is not that funny. Not really a good way to get the audience on your side. There is humor to be found in tragedy, but that kind of sophisticated comedy is best left to professionals. Third, test your material before you put it in prime time. Even the most tried and true comedians go to small, quiet venues to try out their new jokes. Sending out an untried joke to 17,000 people is just too risky. It's a tough time to be a teacher right now. The last thing they need is leaders that are a bunch of jokers. See what I did there? Schundler said he thought the governor meant he understood how voters were going to feel. He said no when asked directly whether he thought voters should reject budgets without wage freezes.Whew. That’s a relief. "I think what the governor was trying to say was he understands how voters are going to feel if they're looking at the possibility of a property tax increase of 5 percent and they're being asked to, if you will, sacrifice to avoid layoffs," Schundler said. "It's not that they should feel that way, but I think a lot of them are going to feel that way. I think that's what the governor was trying to get at."
Schundler also explained why school districts were caught off guard after expecting a maximum loss of 15% of state aid, and instead were socked with cuts of 5% of total budgets, telling the Star-Ledger that he “lacked a good line of communication with individual districts.” More likely, it was a sudden change of strategy by the NJ DOE. The originally proposed cut – that 15% of state aid -- would slash too deeply at poor urban districts, some of whom rely on the State for over 90% of total school costs. That kind of axing would almost certainly provoke immediate legal action from the Education Law Center, which is momentarily biding its time until the School Funding Reform Act comes up for review. The 5% total aid cut took suburban districts by surprise, but saved the skins of Districts-Formerly-Known-As-Abbotts.
When Commissioner Schundler claims that school district salaries are rising three times faster than the rate of inflation, that’s an outright falsehood. Over the past five years, the average rate of inflation was 2.76 percent. Over the past five years, the average teacher salary increased by 2.86 percent. Commissioner Schundler is misleading the public on this issue.Hmm. That would mean that NJEA members have negotiated contracts that yield .57% per year over the last five years. Actually, annual increases over the last 5 years have averaged anywhere from 4.3% - 5%, not including increases in health benefits. Marlboro Township is a good example: the School Board there fought as hard as they could, proceeding through the entire ladder of negotiations at considerable cost to taxpayers -- Mediation, Fact-Finding, Superconciliation -- and teachers ended up with a 23% salary increase over 5 years, or 4.6% per year. If we're using the average rate of inflation, as Ms. Keshishian does, the final settlement in Marlboro is almost 10 times the rate of inflation.
*New award from NJ Left Behind in honor of Mr. Glenn Beck of Fox News whom Jon Stewart describes as "a guy who says what people who aren't thinking are thinking."
Tuesday, April 13, 2010
Mr. Bennett goes on to stipulate that the application will only be submitted if ISTA agrees to support a requirement that 51% of teacher evaluations be based on student growth data, and new legislation that uses teacher evaluations to inform tenure and compensation decisions. The Union must submit a “strong letter of support and a recommendation that local associations sign on in support.”
Good strategy or not? Arne Duncan has taken some heat for giving blue ribbons to the two states – Delaware and Tennessee -- with almost unanimous union buy-in, so Mr. Bennett’s caution is understandable, as is his desire to lay the weight of a potential loss of several million dollars at the feet of ISTA’s leaders. Rick Hess in Education Week, in fact, argues that making union support a condition for victory rewards weaker proposals, the logic being that really transformational applications would never get state union support:
Tennessee boasted that it had obtained signatures of participation from 100% of Local Education Agency (LEA) superintendents, 100% from the presidents of local school boards, and 93% from the local teachers' union leaders. Delaware bragged that it obtained 100% of the signatures in each category. Is this really a good thing? When Louisiana faced board pushback because of the boldness of its proposals, and when Florida endured an FEA boycott over its own proposed measures, the decision to go with Delaware and Tennessee looks like the triumph of process over substance. If anyone believes that Delaware can get 100%--or even 60%--of districts or union leaders to sign on to efforts to dramatically retool K-12 schooling, I've got a couple of handsome monuments in downtown D.C. I'd like to sell them.In some ways, Jersey’s DOE/Teacher Union relationship is a caricature of the rest of the nation. (Can’t think of any other state where unions are sending out emails asking God to strike the governor dead, or any other governor advocating that local taxpayers vote down school budgets.) What would happen if Gov. Christie wrote a letter to NJEA Prez Barbara Keshishian requesting union buy-in on, say, tying teacher compensation to student academic growth, or legislation rewriting tenure laws? (Cue in automatic weaponry sound effects.)
If Superintendent Bennett of Indiana is correct and union buy-in is a mandatory component for RTTT winners, then either we throw in the towel now or start our own prayers for enough teachers to get fed up with their representatives’ chicanery and elect new leadership. Do NJEA’s leaders care if the public is angry because union recalcitrance dooms our June application? Probably not; anyway, no one’s buying real estate in Trenton.
Actually, the public doesn’t need any prodding. It’s likely that many school budgets will fail to pass a week from today and Christie’s incitement to cast a “no” vote just makes him seem churlish and vindictive. Far better that he remain silent and trust in the democratic process (not to mention unprecedented voter anger) to achieve the same result. Anyway, our bizarre process of voting on school budgets (instead of, say, municipal budgets) simply means that failed referenda will be thrust at non-educationally-literate members of town councils who will make some meek suggestions and throw the whole document back at school boards. Who came up with this anyway?
Meanwhile, NJEA President Barbara Keshishian met with Gov. Christie yesterday afternoon for about 15 minutes and, according to The Record, refused to fire Joe Coppola, the president of the Bergen County Education Association, who signed the memo that included the prayer to our Maker to grant a wish for our Governor’s early demise. Technically Keshishian can’t fire Coppola anyway – local associations vote annually for their presidents – though that’s not to say that such a process couldn’t be hustled along. It’s moot anyway. Gracious apology given; apology less graciously accepted. Christie could have looked a whole lot more magnanimous if he’d let it go while the NJEA “prayer” continues its cyberjourney across the country.
He’d also do himself a favor by retracting his suggestion to voters. It’s unnecessarily intrusive and just flat out unnecessary. NJEA’s leaders are doing a fine job on their own looking greedy and out of touch. They don’t need any help from Chris Christie.
Monday, April 12, 2010 I’m not sure which is more embarrassing for the NJEA, the fact that their local is circulating memos praying for the governor’s death, or the fact that their local is headed by a person whose favorite actor is Patrick Swayze, favorite acress is Farrah Fawcett, and favorite singer is Michael Jackson.Jay P. Greene, Professor of Education Reform and blogger. The good news is that a few state officials are starting to push back. In addition to New York's Governor Paterson, New Jersey Governor Chris Christie is trying to reduce state aid to local school districts. In the past decade, student enrollment in the Garden State has grown by 3%, while total school hiring is up 14%. Instead of addressing this reality, a local chapter of the New Jersey Education Association responded to Mr. Christie's proposals by circulating a memo joking that it wishes the Governor were dead. Mr. Christie must be doing something right.Today's Wall Street Journal. Reagan had the air traffic controllers union. . . Bill Clinton had Newt Gingrich, and now Chris Christie has the NJEA. They are the foil to him that is allowing him to stake out positions in a clear and forceful way. When you are trying to define yourself, it is helpful to have the light and dark, the white and black.Pete McDonough in Central Jersey. Alfred P. Doblin of The Record. THE MORE I watch the New Jersey Education Association and its local representatives attack Governor Christie, the more I believe their media adviser is former U.S. Sen. George Allen, R-Va. In case you may have forgotten, Allen used the racial slur macaca and then claimed he didn’t mean it in a bad way. Voters who rejected Allen at the polls in 2006 didn’t mean that in a bad way either.
One big issue the Supreme Court will face, as soon as this year, is a review of former Gov. Corzine’s School Funding Reform Act. The Education Law Center, which lost a suit against the DOE challenging SFRA last year, is accumulating an impressive pile of press releases and reports all pointing to the inadequacy of our school funding formula to equalize funding between NJ’s poor urban districts and wealthy suburban ones. Recent state aid cuts and the lack of expansion of free public preschool (promised under SFRA to poor children regardless of place of residence) is more fodder for ELC to prove that the Justices erred last time around.
Here’s the thing: it doesn’t really matter. The Abbott rulings, and the court battle over SFRA, are so last century. NJ’s zeitgeist regarding school funding has changed dramatically over the last year. Who would have thought that the NJEA’s leadership would so badly misjudge public sentiment and win Gov. Christie’s MVP Award for most helpful character assassin of the teaching industry? No one thinks that we don’t pay our teachers enough (well, hardly anyone). No one thinks that we don’t pay enough for public education. That old innumerate equation, money = academic achievement, is in the dust heap, swept there in part through NJ’s noble, failed experiment to create educational justice through financial compensation, and in part through the momentum of the reform movement, stylized via Race To The Top.
So Gov. Christie doesn’t need to die on this hill. He’s still going to get to remake the State Supreme Court; Judge Wallace faces mandatory retirement in two years and three other justices will either retire or be up for reappointment. School funding needs dramatic reinvention in the Garden State, but we’re in no danger of returning to the hoary Abbott days, especially after all the reports of corruption and waste (as if the State’s own financial neediness weren’t enough). Actually, we need an Abbott program for NJ. Any rich states out there willing to compensate us (maybe California too) for failing to fund ourselves adequately?
Seriously, the kids stuck in chronically failing schools in poor urban centers haven’t been rescued by decades of extraordinary funding. Their best chance is access to successful schools, which has nothing to do with the fate of the Abbott rulings or the School Funding Reform Act. That's where Gov. Christie needs to put his political capital, not in a pointless fight over a well-regarded Justice.
Sunday, April 11, 2010 Get some dirt….go public. Keep your eyes and ears OPEN…the gloves are off! A disconnect between Trenton and the local leadership as well as Trenton’s lack of punches thrown at our governor. We now have a Rapid Response Team whose responsibility it is to follow Christie’s every move and every word and when he lies, call him on it. We are going after HIM. You will be seeing on TV and the internet and reading in local papers more from our officers and our leadership. They will be in his face and hard hitting...a real change in the old strategy. Add Bret Schundler’s name to the attack list.
Don't miss “The Real Race Begins: Lessons from the First Round of Race to the Top," out this week from The New Teacher Project.
In the Lobby cites the statistics that 98% of teacher unions in NJ have chosen not to reopen contracts (so far) and thus “chose salary increases over the chance to save members jobs...So, ultimately, who’s responsible for layoffs in these districts?”
The Asbury Press Editorial Board chastises NJEA leadership for refusing to accept pay freezes: "The teachers' intransigence is a disgrace...Teachers around the state would do well to get on board — for their own sake, for the sake of taxpayers and, dare it be said, for the sake of the children."
The Star-Ledger Editorial Board says that Gov. Christie’s request for voluntary teacher pay freezes is a “historic opportunity for NJ school districts and the NJEA to rethink and renegotiate their basic contract,” specifically the inclusion of rewards for improved student outcomes: "The time has come for performance pay" and the Gov. should require districts to include merit pay in contracts by 2011.
Teachers and students in Somerset County lined Route 206 to protest Gov. Christie’s school aid cuts.
Richard Bozza, executive director of the New Jersey Association of School Administrators, argues at New Jersey Newsroom that NJ’s school funding is “lunacy,” specifically our method of “adjustment aid, now hardwired into the state’s funding formula,” and the fact that the “majority of school boards lack common sense.”
The Philadelphia Inquirer has its annual Report Card up on area schools, which includes NJ’s Camden, Burlington and Gloucester counties.
The Star-Ledger says we should move school elections to November: "Please. Debating property taxes and school spending has never been an exercise in warm and cuddly. This is as political as it gets."
Friday, April 9, 2010 So if it’s a war teachers want, they’ve got it. There is no clearer signal in this struggle than the tone-deafness of the most powerful union in the state. Everyone who cares about the economy, the quality of education and the future of our public institutions has to be baffled…With their [refusal to accept wage freezes], unionized public employees are handing a huge base of public support to Christie, who’s finishing off his practice swings and striding to the plate.Editorial Staff of the Lehigh Valley News Dear Lord … this year you have taken away my favorite actor, Patrick Swayze, my favorite actress, Farrah Fawcett, my favorite singer, Michael Jackson, and my favorite salesman, Billy Mays. … I just wanted to let you know that Chris Christie is my favorite governor. Thursday, April 8, 2010
We did really well in Standards and Assessments (ranging from 63-69 out of a potential 70 points) and “General,” (scoring between 47-53 out of a potential 55 points) which includes school funding, charter schools and innovative schools (technically we have no charter cap, though some reviewers mused over our slow growth), and preschool education. One reviewer had this to say about our Interdistrict School Choice Program: “Interdistrict school choice has reached its capacity for participation. This one (identified) attempt — now at capacity — seems meager in light of the many types of innovative programs available to public schools and LEAs since 1999.”
Where did we get slammed? That’s no secret: State Success Factors, which includes NJEA support, and Great Teachers and Leaders. Under the former, where scores ranged from 66-94 points out of a potential 125, reviewers noted the “strong commitment” from local school boards and superintendents, and remarked on New Jersey School Boards Association's letter of support. However, the fact that only 5% of union presidents signed off on Memoranda of Understanding led one reviewer to note the “serious problems in obtaining union president signatures” and another to surmise that “the evidence indicates a challenging environment in terms of gaining broad-based support, with public opposition to the plan by the state's teachers union” One reviewer noted, “the dramatic lack of union support may compromise the State's ability to implement its a la carte reform agenda.” Another reviewer commented that “the union leaders who did sign (mostly from small, 1-6 school LEAs)
should be applauded for their courage to stand up for and support this important school reform effort.”
While reviewers praised us for “providing high-quality pathways for aspiring teachers and principals,” our ratings on the rest of the category “Great Teachers and Leaders” was lackluster. Everyone commented on our lack of clarity in measuring student growth for high school students. Our professional development and evaluation plan for teachers and principals was labeled “a conundrum” and “potentially weak.” More importantly, we were unable to demonstrate a “rigorous and statewide accountability system, given the lack of standardization with job descriptions and development plans.” We only collect data on whether teachers are “highly qualified,” instead of “highly effective,” and this limits “our ability to create strategies for retaining and/or rewarding highly effective teachers and leaders.” One reviewer notes,
The RTTT reform effort focuses more on individuals than institutions, per se, with the understanding that if individuals are supported in improvements, that the institutions will also show improvement. The Applicant's compensatory plan is more institution-based, i.e. the school, as opposed to the individuals in the school being recognized for their accomplishments. This school-wide approach may offer cover for those staff members who may not be "highly effective.”Where does this leave us? We're nowhere without NJEA buy-in, including support for measures that allow us to distinguish our most effective teachers from our least effective ones. There’s a sense in which reviewers intimated that our proposal was overly conciliatory, with several noting that we have “set a low performance goal to remove 5% of its ineffective tenured and non-tenured teachers and principals by SY 2012-2013." The real conundrum for NJ is how to achieve this collaboration with NJEA’s leadership. Unless that happens, our next application, due in two short months, will be as unrewarding as the first. | 72,103 | 29,670 | 0.000035 |
warc | 201704 | You may have heard me mention before that one way to save money on groceries is to have a meatless meal or two each week. Since meat is always one of the most expensive items on my grocery list, it stands to reason that eating less meat will help you cut your grocery bill. Now, you just have to find a few recipes for meatless meals.
Macaroni and Cheese – Although I probably wouldn’t serve this for dinner, macaroni and cheese makes a great lunch. I wait for it to be on sale before I buy it, and then I buy tons of it. It’s easy to make and the kids love it.
Grilled Cheese – This is another option that I would probably only use at lunch, but my family loves grilled cheese sandwiches. In almost no time I can make a mound of these sandwiches. Then, I cut them into quarters to make them more manageable for the kids. This is a great way to salvage bread that is starting to get a little stale, too.
Pasta and Sauce – For a light dinner, pasta is always a popular choice. Choose any shape of pasta that you like, boil it, and top it with your favorite sauce. We prefer marinara sauce, but you may prefer Alfredo sauce.
Baked Potatoes – For a fun dinner treat, we try to create our own baked potato bar in our kitchen. I bake potatoes for everyone and then set out an assortment of toppings. The kids love getting to build their own dinners and baking the potatoes is super easy.
Waffles or Pancakes – My favorite frugal breakfast has to be waffles, but when time is short, pancakes are always easier to make. Either option, though, is a warm and filling breakfast that gets our day started off on the right foot.
Salad – When I’m in the mood for a light lunch, a salad can be just the right lunch food. I tend to buy the large bags of salad mix from the grocery store (unless I have time to prep lots of different veggies). Then, I add extras like slivers of almonds or shredded cheese. Top it with your favorite dressing and lunch is ready. | 1,998 | 1,021 | 0.001006 |
warc | 201704 | In this action plaintiffs challenge the practice of the State of New York ("the State") and the City of New York ("the City") in determining eligibility for publicly funded day care services. The plaintiffs contend that the policy and practice of denying day care benefits to otherwise eligible children who are United States citizens, or non-citizen children who are lawfully present in the United States, but whose parents cannot supply a Social Security number or other proof of their lawful resident alien status, violate applicable federal and state laws and the Fourteenth Amendment to the United States Constitution.
The action was instituted on behalf of Vincent Ruiz ("Vincent"), an infant five years of age, by his mother, Sofia Castillo, individually and on behalf of a purported class similarly situated primarily for a declaratory judgment and injunctive relief pursuant to 28 U.S.C., sections 2201 and 2202, and 42 U.S.C., sections 1981 and 1983. The mother is an alien who came to the United States from Colombia, South America, in 1977 under a one-year visitor's visa. Vincent was born in August 1977 in New York City and so is a native born citizen of the United States.
*fn1"
His mother, who is employed as a housekeeper, is the payee of a grant of Aid to Families with Dependent Children ("AFDC") for Vincent.
Ms. Castillo applied to the New York City Department of Social Services, one of the defendants herein, for day care services for her son based upon her employment. Her application was granted and day care services were provided to Vincent, and he began attending the New York Foundling Hospital Day Care Program. The approval was for a six-month period subject to proof of eligibility for continued payments based upon her lawful presence in the United States. After making payments for a period of time, the City, in August 1980, determined to discontinue further payments because she had failed to present a Social Security number or otherwise document her status as a legal resident of the United States. The fact is that she cannot do so because her one-year visitor's visa has long expired and her continued presence in the United States is illegal. Upon a "fair hearing"
*fn2"
review by the Commissioner of the New York State Department of Social Services, the City's determination was upheld. Thereupon day care services were terminated on January 31, 1981. However, they were restored pending determination of this suit.
The complaint alleges violations of the infant plaintiff's rights under the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution, the Social Security Act
*fn3"
and the New York State Social Services Law
*fn4"
and regulations.
*fn5"
Class certification of the action is sought pursuant to Rule 23(a) and 23(b) (2) of the Federal Rules of Civil Procedure, the class to be defined as all United States citizens or legally resident children who have been, are, or will be denied day care services solely because a parent is unable to provide proof of his or her lawful alien status. The defendants oppose such certification, as well as the definition of the proposed class. Each side moves for summary judgment pursuant to Rule 56 of the Rules. The parties are in agreement that there are no disputed fact issues and that the matter is ripe for summary judgment disposition, which we now address.
Funding for day care services
*fn6"
is provided by a combination of federal, state and city revenues. The bulk of financial support comes from the Federal Government.
*fn7"
New York State's share of federal moneys for providing social services includes "day care" allowances under Title XX
*fn8"
of the Social Security Act ("the Act").
*fn9"
The Act authorizes appropriations to states for the purpose of encouraging them to furnish such services towards fulfilling one or more of the following goals:
*fn10"
(1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families;
(4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and
(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.
The State, as a participant in the federal program, has adopted its purposes and has authorized its public welfare officials to provide day care at public expense for resident children.
*fn11"
The day care program is not an entitlement program -- that is, services are provided based upon availability of funds as well as eligibility.
*fn12"
Pursuant to the Social Services Law, the State Department of Social Services promulgated implementing regulations which establish a two-pronged eligibility test for participation in publicly funded day care services. One requirement is financial eligibility. This criterion is satisfied by persons who are eligible for other public assistance programs, including aid to dependent children.
*fn13"
Thus plaintiffs satisfy this requirement. The other component, referred to as programmatic eligibility, relates to the social need for services. The programmatic eligibility requirements for day care services generally fall into three categories; (1) where they are a necessary part of a plan of self-support for the parent
*fn14"
who is employed or seeking employment (work-related);
*fn15"
(2) as part of a plan to achieve or maintain self-sufficiency, including the reduction or prevention of dependency and maintenance of the family unit where because of illness the parent is unable to provide such care (non-work-related;
*fn16"
and (3) for other reasons not germane to the issues here presented.
*fn17"
Ms. Castillo's application for day care services stated the service was required because she was employed and thus it came under the work-related category of the programmatic eligibility requirement.
Ms. Castillo's satisfaction of these eligibility criteria is not in dispute.Rather, the issue here centers about an additional requirement with respect to residence that is imposed by defendants on applicants who satisfy the programmatic and financial eligibility tests. That requirement derives from a state regulation
*fn18"
("the regulation"), and a City policy parallelling it,
*fn19"
that renders ineligible for day care services any alien who is unlawfully residing in the United States, or who fails to furnish evidence that he or she is lawfully residing in the United States. As applied by the defendants, in instances where the alien cannot satisfy the lawful residence requirement, day care services are denied to otherwise eligible children who are either born in the United States and as such are citizens, or lawfully resident aliens but whose parents are illegally here, and the reason for requesting day care is that the parent is working.
Plaintiffs do not challenge the facial validity of the regulation but rather the manner in which it was applied in this instance and is and has been applied in like instances. They stress that by the regulation's plain language its exclusionary effect is limited to the parent who cannot document his or her legal status here -- in this instance, Vincent's mother. They contend that the regulation cannot be considered solely with respect to ... | 7,730 | 3,215 | 0.000315 |
warc | 201704 | The survey was launched at an event to mark the 20
th anniversary of the OECD’s partnership with China. Since the first workshop on trade and investment in 1995, the relationship has blossomed: "Over 30 Chinese ministries and agencies have been engaged in co-operation with the OECD", writes Commerce Minister Gao Hucheng, in a brochure marking the 20-year anniversary.
Among the more visible aspects of this co-operation are the OECD’s regular surveys of China’s economy, China’s active role in key OECD/G20 initiatives such as the Base Erosion and Profit Shifting (BEPS) project, and the participation of Shanghai in the Programme for International Student Assessment (PISA), with Shanghai students topping the global rankings in 2012. For both China and the OECD, this is a win-win relationship: the UK has launched a maths teacher exchange with Shanghai, showing that OECD members are learning from China’s experience too.
Global Ireland
Saint Patrick’s Day is the national holiday of OECD member country Ireland. Nowadays, it is quite a global event and on 17 March the Château de la Muette, the home of the OECD in Paris, turned green, making the OECD the first international organisation to do so for Saint Patrick’s Day.
It joined other global iconic landmarks such as Sacré-Coeur Basilica in Paris, the Great Wall in China, the pyramids in Egypt, the Empire State Building in New York, Christ the Redeemer in Rio de Janeiro, the Spire of Dublin and many more buildings and monuments around the world. See www.bbc.com for more spectacular images.
Greening of the OECD headquarters for Saint Patrick's Day 2015 ©OECD/Michael Dean
Coffees and conversation
Some of the world’s foremost thinkers–economists such as Thomas Piketty and Mariana Mazzucato (our photo), historians, environmentalists, writers, artists, photographers–come to the OECD to meet Secretary-General Angel Gurría and discuss world issues over a relaxing cup of coffee. The conversation then opens out into a lively discussion with a packed audience. Transcripts of these "Coffees of the Secretary General" can be read here.
Economist Mariana Mazzucato with OECD Secretary-General Angel Gurría ©OECD Presidential visit
President Aníbal Cavaco Silva of Portugal paid an official visit to the OECD on 16 March 2015.
©OECD
©OECD Observer No 302 April 2015 | 2,439 | 1,287 | 0.000815 |
warc | 201704 | Rum producers are fronting a
generic campaign in the UK as part of a €70 million European Union-funded programme to strengthen the
category.
Launching under the umbrella of the Authentic Caribbean Rum Marque, it will include national advertising, trade and consumer PR and education
to raise rum 's profile in the UK. Participating producers will also mark their bottles with an internationally recognised stamp as a guarantee of origin and quality.
Without funding from the EU - which has allocated €21.7 million for distribution and marketing - it would have been impossible for the industry to raise the capital
needed to intensify the development and production of indigenous Caribbean brands.
The campaign has been designed to benefit
larger, better-known
brands, such as Cockspur
and Appleton Estate, as well as smaller ones seeking to develop their brands in the UK. It has been welcomed by producers who see the investment as a means
of boosting sales in the UK.
"It will push the whole category forward," says David Smith, international brand director for Barbados-based Cockspur. "EU funding for the category is one of the reasons
rum is going to be quite prevalent in the next couple of years," he adds.
The West Indies Rum
& Spirits Producers Association
- the long-standing body which facilitates trade in West Indian rum - is responsible for implementation of the programme. In the UK it has appointed a marketing manager to generate consumer and trade awareness of the
Authentic Caribbean
Rum
Marque
and to give the category a stronger generic presence.
"EU support has been the catalyst to allow the industry to move forward. New life is being breathed into the industry," says WIRSPA chairman Patrick Mayers in a press release issued by a delegation of the European Commission in Barbados and the Eastern Caribbean. "There is a sense of optimism. Caribbean rum now has a fighting chance," he adds.
Exact details of the UK's generic campaign will not been revealed until a PR and marketing agency has been appointed. One industry figure told OLN
the funding is "politically sensitive" because it has come from the EU. "Many people are asking why the EU is paying to develop Caribbean rum,"
he says.
To be eligible for a grant, producers must make their rum exclusively from sugar cane
and it must be fermented and distilled in African, Caribbean and Pacific group nations , such as Antigua, Barbados, Guyana, St Lucia and Jamaica. The cost is shared between the EU and the beneficiary - who puts up a larger percentage of the funds - and the money is earmarked for specific projects, such as upgrading distillation and bottling facilities, investing in new equipment, building waste treatment plants and training staff.
According to the EC , more than 119 projects have been approved since the programme's
launch in 2002, "with a total investment value of almost €40 million, of which €13 million ha s come from grant resources provided by the EU".
Although the programme was due to end on June 30 this year, the EU has extended it until June
2010, giving rum producers an extra three years to take advantage of the funding. The extension will also grant producers the money needed to fully market their products in Europe , to carry out in-depth market research and to develop long-term brand promotions.
Smith predicts a significant shift in trade and consumer awareness and availability of quality branded rum in the UK over the next few years, and is eager to ensure
Cockspur benefits. "Small producers are getting funds via WIRSPA which means that we all know there is going to be a push in the category by an independent third party. That's why we are investing heavily," he says.
Such brand investment includes a three-year sponsorship deal that will see Cockspur heavily promoted during cricket matches as the official spirit of English Test match grounds. The link-up will also include perimeter board ads and a "rum shack" beach bar where the brand can be sampled.
A perfect match?
With investment levels rising and a generic campaign in place, there are signs of change in this traditionally on-trade focused category. "Rum has classically been built in the on -premise, but if you look at the changing dynamics you reali se that you should ignore the off -premise at your peril," Smith says.
Geraldine Roche, senior brand manager at First Drinks Brands,
believes excitement in the rum category is attracting a new customer base away from more traditional vodka brands: "There's certainly big moves towards rum as a category. Vodka fatigue is slipping in there."
Despite a growing number of rum drinkers in the UK, producers must be careful not to copy the means that on-trade vodka brands use to seduce customers, according to James Robinson, brand Manager for J Wray & Nephew UK
- which has Appleton Estate in its portfolio.
"It will always be important for the category to capture the imagination of the bar world, but this should not mimic the vodka model of multiple brand extensions, flavours
and focusing on packaging over product credentials," he says.
Education is playing an increasingly key role in attracting new drinkers, according to Robinson. But rather than go down the conventional route of tutored rum tastings, Appleton has teamed up with upmarket chocolate brand Green & Black's to run a series of rum and chocolate tastings hosted by J Wray & Nephew's master blender Joy Spence.
By introducing consumers to an unusual food and drink pairing, Appleton hopes to tap into a growing movement to push spirits in the direction of wine and beer and sell them as food matches. "Food pairing is very topical at present, and linking with recogni sed quality brands such as Green & Black 's has certainly allowed consumers to appreciate Appleton Estate
rum in a new and interesting way, such as choosing rum as an after-dinner drink," Robinson says.
"Appleton Estate Extra is created from rums that have been aged for up to 18 years, giving it a bold character and smooth taste. The very high cocoa content of Green & Black's new 85 per cent dark chocolate bar means it is one of the few chocolates that can take on Extra and complement
the complex taste that is often matched to that of a fine, aged
Cognac or
Scotch whisky," he adds.
Mixing it up
The nation's as-yet unsated thirst for the mojito and other popular rum-based cocktails will inevitably be identified as a factor that has boosted the rum category.
Liam Newton, director of marketing for Bacardi, says: "The rising popularity and continued growth of classic rum cocktails within the on-trade is fantastic news for the off-trade too. As cocktails such as the mojito and the
daiquiri continue to drive rum
in the on-trade, off-trade sales should also increase as consumers try to recreate their experience at home."
But Nikki Morrison, brand manager for Maxxium UK's Mount Gay rum, cautions retailers against relying too heavily on the growing popularity of mixing cocktails at home: "The
mojito has already done wonders for the category, but rum brands need to ensure that people explore and fully appreciate both the depths of flavour and
the versatility of the spirit."
It's up to the canny retailer to encourage customers to find a style of rum that suits them, according to Morrison. Promoting serving suggestions in
store is one way to "whet their appetite and spark their creativity", she says.
Amy Richardson, Diageo's brand manager for rum , believes that while TV and press advertising is vital
to growing brand awareness, retailers
who have an innovative approach to in-store promotions will see a significant sales uplift. "Marketing from brand owners certainly isn't the only way to drive sales. It is also important that retailers drive interest in rum through how they merchandise the category," she says. "For example creating a display of different brands and adding tasting notes and recommendations for each like they might do wine."
For Roche, sales are made in the off-trade by retailers who understand that the different styles of rum are drunk by very different consumers. "You can't think in terms of one size fits all, you've got to appreciate the big differences in target audiences," she says.
Evidence of this can be seen in the vastly different marketing messages of OVD dark rum, and Sailor Jerry golden rum, according to Roche. While OVD's recent Every Man's Got a Sweet Spot campaign was designed to appeal to "traditional and older drinkers" by featuring an on-pack promotion giving away DVDs of the comedy series Still Game, Sailor Jerry has been attracting younger consumers with sponsorship of Kerrang! magazine's annual awards and link-ups with bands such as The Damned. "It's about understanding the consumer and appreciating the vast differences in rum styles," she says.
With golden rum continuing to experience double -digit growth in the off-trade
-
16 per cent value growth in the year to April 2007, according to Nielsen - retailers that promote the small island golden rums in they same way that they merchandise
Scot tish malt whisk ies could see a boost in sales.
"Each golden rum is as different as each Scottish malt whisky and, in the same way, consumers need to taste the different styles and blends in order to decide on personal preference," a Cockspur spokesman says. And with rum's
first ever generic campaign about to launch in the UK, retailers with such an unusual approach to selling rum
will reap rich rewards.
For a category that is frequently critici sed for lacking the excitement and innovation that are associated with it in the bar world, it looks like rum has finally been given the attention
- and much -needed cash
- that it needs to compete with its off-trade rivals.
Battle of the brands
Premium niche rums are giving Bacardi a run for its money, according to Alan Daly who owns spirits
haven Gerry's in Soho.
"People associate rum with Bacardi," Daly says
of the brand
that dominates the category. But Daly has seen an increasing number of customers shunning Bacardi and other mainstream names in favour of more unusual, less widely available rums.
Gerry's stocks 50 rums, with the most expensive carrying a £750 price tag. Three of his biggest sellers are the Clement range, a selection of premium white and sophisticated aged rums from Martinique, a 15
Year
Old Peruvian rum called Millonario which sells for £39
and Jefferson's Extra Fine Dark Rum from Antigua
at £24.95 .
"If customers seem really interested then we take them to the back office, which is reserved for the most unique and exciting rums," Daly says.
But are niche rum brands a serious threat to Bacardi, or will it continue to sit pretty as the top -selling rum in the off-trade? "Bacardi rum currently accounts for 89 per cent of
UK off-trade sales in the white rum sector, but this doesn't mean that we can, as a brand, become complacent," says marketing director
Liam Newton.
Bacardi is spending £15 million on a heavyweight marketing campaign for its Superior
rum. Called Elixir, the push will include a series of TV ads that are designed to encourage consumers to mix Bacardi with four new mixers - orange juice, ginger ale, cranberry juice or lime
and soda . Backing the launch will be print and online ads, and radio podcasts. Ads will also be screened on digital escalator panels in the London Underground, and on high definition plasma screens in key city locations for eight weeks.
"The introduction and growth of flavoured rum brands, such as Bacardi Apple and Bacardi Berry, have also pulled new consumers into the rum category, while extending the spirit's appeal to existing rum consumers," Newton adds. | 11,847 | 5,400 | 0.000188 |
warc | 201704 | The University of Georgia chapter of Sigma Chi fraternity, currently located on South Lumpkin Street, recently sold the remaining portion of its long-term lease to UGA to accommodate the projected expansion of the university’s Terry College of Business, and is looking for a site for a new chapter house.
Some of the fraternity’s alumni want to locate a new fraternity house at 340 N. Milledge Ave., between Hancock Avenue and Meigs Street in the Cobbham and the Reese-West Hancock historic neighborhoods.
Many of these alumni live out of state — which is understandable, yet relevant. Those of us who live in Athens, and in these two particular intown neighborhoods, are working to block this use in this location, and we want you to know why.
We love Athens and happily choose to live here. The presence of the University of Georgia and its accomplished students are a large part of why we do. We understand that students, including those in Greek organizations, want to have fun along with their studies. We agree that they should be able to consume alcohol legally and responsibly if they wish, listen to live music and generally enjoy their time away from the books.
But we also want our residential neighborhoods to be vibrant and enjoyable.
Fulfilling the aspirations of both students and locals is good for the entire community. We both can enjoy benefits if the locations of student accommodations in established neighborhoods are thoughtfully chosen. When they are, it provides a better environment for students, who want to be students, and their neighbors, who no longer are.
Zoning and planning issues are classic town-and-gown conflicts. A vital role of government is the design and implementation of planning regulations so we avoid haphazard development and enhance the civic life of all Athenians. Our Athens-Clarke County leaders formulated and passed guidelines that address cases such as this several years ago.
The mayor and commission created the Milledge Avenue Corridor Special District Overlay to plan thoughtfully for off-campus fraternities and sororities on South Milledge Avenue. The currently proposed site for the Sigma Chi house is outside of that designated zone, in the northern end of Milledge Avenue.
The overlay mechanisms were, though, devised to prevent exactly what this proposed development would cause — the degradation of in-town neighborhoods.
A special-use permit is required for the property where Sigma Chi proposes to locate its new house. Why is a special-use permit now required? This requirement was precipitated by our neighborhoods’ experience with the location of the Kappa Alpha house in the historic African-American neighborhood of Reese-West Hancock. That poor choice has affected the quality of life of the neighbors, and the quality of life of the students.
Our civic leaders have created these articles because they agree the area north of Broad Street is not suitable for fraternity or sorority uses, either from a neighborhood standpoint or a land-use planning standpoint. There are far more suitable locations for fraternity housing than family-oriented, historic neighborhoods like Cobbham and Reese-West Hancock.
One only needs to roll the clock back a few decades to find these two neighborhoods in decline. Blighted homes on unsafe streets were restored and cared for by homeowners who believe in a community that supports walkable mixed-use neighborhoods and values its economic and ethnic diversity.
Just like in other great communities, Athens’ vibrant downtown, surrounding neighborhoods and cultural identity did not materialize accidentally. Athens is a uniquely fabulous place for all of us to live, play and study because of the efforts of many citizens — visionaries who have been willing to fight fights like this.
Solving these issues is time-consuming and expensive, and it would be great if these things would solve themselves. We understand the benefits of living in a surrounding county and driving in to be a part of what Athenians have created. We also understand that doing this time-consuming and expensive work gives us all something worth driving in for.
• A. Karl Barnett is a resident of the Cobbham neighborhood. Gail Hurley lives in the Reese-West Hancock neighborhood. | 4,318 | 2,023 | 0.000501 |
warc | 201704 | 846 F2d 306 Godchaux v. Conveying Techniques Inc
846 F.2d 306
57 USLW 2027, 9 Employee Benefits Ca 2531
Walter GODCHAUX, Jr., Plaintiff-Appellee,
v. CONVEYING TECHNIQUES, INC., Defendant-Appellant.
No. 87-3398.
United States Court of Appeals,
Fifth Circuit.
June 6, 1988.
Robert B. Bieck, Jr., Richard J. Tyler, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellant.
Marian Mayer Berkett, Deutsch, Kerrigan & Stiles, New Orleans, La., for plaintiff-appellee.
Appeals from the United States District Court for the Eastern District of Louisiana.
Before GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.
JERRY E. SMITH, Circuit Judge:
Plaintiff Walter Godchaux, Jr., sold his Louisiana manufacturing business, Nadustco, to Conveying Techniques, Inc. ("CTI"), on December 30, 1982. One year later, on December 31, 1983, CTI withdrew Nadustco from Nadustco's union-negotiated, multiemployer pension plan. By a letter dated May 15, 1984, counsel for the pension plan informed CTI that Nadustco had incurred a $225,753 "withdrawal liability." This withdrawal liability, which 29 U.S.C. Sec. 1381 imposes upon employers who withdraw from a multiemployer pension plan,1 is calculated according to the unfunded liability of the pension plan existing at the time that the employer withdraws. Shortly after it paid Nadustco's withdrawal liability, CTI stopped payments on a promissory note CTI had executed in Godchaux's favor as part of CTI's agreement to acquire Nadustco.
On January 25, 1985, Godchaux brought this diversity suit seeking $141,913.04 for breach of contract. CTI defended by asserting that Godchaux failed to inform CTI of the unfunded pension liability burdening Nadustco's union pension fund. CTI argued that Godchaux's failure to inform CTI of the unfunded vested liability of the pension plan breached two warranties in Godchaux's contract selling Nadustco to CTI. CTI also counterclaimed against Godchaux under the contract's indemnity provision for $171,086.88, the equivalent of Nadustco's withdrawal liability minus the payments CTI still owed Godchaux.
The district court, which disposed of one issue on summary judgment and the others after a bench trial, ruled that Godchaux had not breached either warranty. Consequently, the district court awarded Godchaux judgment on his breach-of-contract claim and denied CTI its indemnity counterclaim. 660 F.Supp. 220. CTI appeals the district court's judgment. We now affirm.
I.
From 1956 until December 30, 1982, Walter Godchaux, Jr., essentially owned and operated Nadustco, which designed, manufactured, sold and installed pneumatic conveying systems and dust collection systems. In March 1982, Godchaux decided to sell Nadustco and hired William Blaney, a business broker, to find a buyer. Blaney, in early June 1982, contacted Roy Lee, Jr., president of CTI. Apparently Lee expressed CTI's interest in buying Nadustco, because Lee soon began negotiating with Godchaux and Godchaux's attorney for the purchase of Nadustco.
From June 1982 to December 1982, the parties negotiated and settled on several terms relevant to this lawsuit. Under one of those terms, the parties appointed Fried, Rappaport & Co., Nadustco's independent auditors, to prepare an audited financial statement (as of December 31, 1981) and a reviewed financial statement (as of June 30, 1982). Neither the audited statement, the reviewed statement, nor any of Nadustco's previous financial statements mentioned Nadustco's union pension plan or Nadustco's potential liability if it withdrew from that plan. Based upon the information contained in these financial statements, the parties reached an agreement under which Godchaux would sell Nadustco to CTI.
Under the terms of the eighteen-page sales agreement, which Lee and Godchaux signed on December 2, 1982, Godchaux and Nadustco's other shareholders agreed to sell Nadustco to CTI for $600,000. CTI contracted to pay $300,000 in cash and $300,000 in a promissory note bearing 12% interest.2 The sales agreement also contains several express warranties over which the parties carefully bargained. CTI now claims that two of those warranties3 required Nadustco's financial statements, at Godchaux's peril, to reveal the financial status of Nadustco's union pension plan, which covered unionized workers under the terms of a collective bargaining agreement between Nadustco and Local 11 of the Sheet Metal Workers International Association (the "Union"). The terms of Nadustco's collective bargaining agreements with the Union continued to govern Nadustco's participation in the pension plan after CTI acquired Nadustco.4
The collective bargaining agreement, however, was a burden which CTI eventually concluded Nadustco could no longer bear. Consequently, Nadustco ceased doing business on December 31, 1983, and CTI moved Nadustco's operations to Texas. Through this maneuver, CTI succeeded in terminating its relationship with the union and in withdrawing Nadustco from the union pension plan.
CTI's business maneuvers, however, had legal effects which CTI apparently had not anticipated. Specifically, since the dissolution of Nadustco amounted to its withdrawal from the union pension plan, that dissolution triggered the provisions of 29 U.S.C. Sec. 1381.5 Under section 1381(a), an employer that withdraws from a multiemployer pension plan is liable for a portion of the plan's unfunded vested liability existing at the time of withdrawal. In Nadustco's case, that liability was $225,753, which CTI now claims Godchaux owes to it.
According to CTI, Godchaux breached his warranty that Nadustco did not have any liabilities which Nadustco's financial statements had failed to disclose to CTI. CTI argues that Nadustco's withdrawal liability under section 1381(a) existed from the moment the pension plan first developed an unfunded vested liability. Since Nadustco agreed to indemnify CTI for any liabilities of which Nadustco's financial statements had failed to inform CTI,6 CTI concludes that Godchaux now owes it the $225,753 which CTI paid to cover Nadustco's withdrawal liability. Consequently, CTI stopped payments on its promissory note to Godchaux, and Godchaux sued CTI for breach of contract.
Godchaux argues that he did not violate either of the warranties and that withdrawal liability does not come into existence until the employer actually withdraws from the multiemployer plan. He also argues that Fried, Rappaport & Co. prepared Nadustco's financial statements in complete accordance with generally accepted accounting principles, as Godchaux warranted the accounting firm would.
II.
We turn first to Godchaux's warranty to disclose all Nadustco liabilities that existed on December 31, 1982. Whether Godchaux breached this warranty depends entirely upon when withdrawal liability first existed as to Nadustco.7 If withdrawal liability exists as soon as a pension plan develops an unfunded vested liability, then Nadustco's withdrawal liability was present before December 31, 1982, and Godchaux has breached his warranty. However, if withdrawal liability does not exist until the employer actually withdraws from the pension plan, then CTI itself triggered Nadustco's withdrawal liability on December 31, 1983, one year after Godchaux sold Nadustco to CTI. To resolve this question, we turn first to the statutory language.
Section 1381(a), which establishes withdrawal liability, reads: "If an employer withdraws from a multiemployer plan in a complete withdrawal or a partial withdrawal, then the employer is liable to the plan in the amount determined under this part to be withdrawal liability" (emphasis added). If we construe this statute according to its most natural reading, then we must conclude that withdrawal liability does not exist until an employer actually withdraws from a multiemployer pension plan. The word "then" suggests that MPPAA's drafters envisioned a timeline of events leading to the creation of a withdrawal liability. First, an employer would join a multiemployer pension plan. Later, that employer would completely or partially withdraw from the plan. Finally, and only after the employer had joined and withdrawn from the plan, would that employer incur withdrawal liability.
CTI argues that we should modify this reading of section 1381(a) in light of the ERISA statutory scheme, of which section 1381(a) is but a part. According to CTI, the minimum funding requirements which ERISA imposes upon multiemployer pension plans8 actually create withdrawal liability. Section 1381(a) and ERISA's other withdrawal liability provisions, as CTI reads ERISA, do not define withdrawal liability, but only determine when and to whom an employer must pay withdrawal liability.
ERISA calculates an employer's withdrawal liability according to the employer's proportionate share of the unfunded vested liability of the pension plan from which the employer withdraws. CTI asserts that ERISA does not create a "withdrawal liability" separate and distinct from unfunded vested liability. Instead, CTI argues, the withdrawal liability sections of ERISA merely provide a mechanism to enforce the employer's pre-existing statutory liability to help support the multiemployer pension plan's financial status.
We disagree with CTI's analysis. Although it is true that withdrawal liability is calculated according to the pension plan's pre-existing unfunded vested liability, that unfunded vested liability does not completely define or determine withdrawal liability. ERISA does not impose withdrawal liability on every employer that belongs to a pension plan that has an unfunded vested liability. Moreover, ERISA calculates withdrawal liability according to when the employer withdraws from the pension plan.
The timing of an employer's withdrawal from a multiemployer pension plan can affect the size and even the existence of the withdrawal liability. Here, Nadustco withdrew from the plan on December 31, 1983. Because Nadustco withdrew in plan year 1983, the plan's administrators calculated Nadustco's withdrawal liability according to the plan's unfunded vested liability for plan years 1979-1982.9 Assuming that the plan years coincided with the calendar years, CTI could have changed Nadustco's withdrawal liability merely by waiting one day to withdraw Nadustco from the union pension plan: If Nadustco had withdrawn during 1984, the union pension plan's administrators would have included plan year 1983 in their calculations of Nadustco's withdrawal liability.
Thus, as CTI admitted in oral argument, the unfunded vested liability of a pension plan can change significantly from year to year or even disappear. The size of a pension plan's unfunded vested liability depends on many factors, as CTI concedes, including how well the pension plan administrators manage the pension's portfolio of investments,10 how accurate their actuarial predictions are, and how generously they set pension benefits. Peick v. Pension Benefit Guaranty Corp., 724 F.2d 1247, 1267 (7th Cir.1983), cert. denied, 467 U.S. 1259, 104 S.Ct. 3554, 82 L.Ed.2d 855 (1984).
Moreover, CTI does not specify any means other than withdrawal liability through which Nadustco (or for that matter, Godchaux) would ever have been forced to assume any portion of the plan's unfunded vested liability. Consequently, we have no reason to believe that Nadustco would ever have been liable for any of the plan's unfunded vested liability had CTI not voluntarily withdrawn Nadustco from the plan.11 Thus, CTI triggered a liability it might otherwise have avoided by simply choosing not to withdraw Nadustco from the plan.12
Nonetheless, CTI continues to argue that withdrawal liability is the same as the unfunded vested liability of the pension plan. To support its argument, CTI relies heavily on Trustees of Amalgamated Insurance Fund v. McFarlin's, Inc., 789 F.2d 98 (2d Cir.1986), in which the Second Circuit determined the treatment of withdrawal liability in bankruptcy proceedings. McFarlin's (a retailer) petitioned for bankruptcy in March 1982 but did not withdraw from its multiemployer pension plan until November 1982. The trustees of the pension plan requested the bankruptcy court to classify McFarlin's withdrawal liability as an "administrative expense."
An administrative expense, which includes "the actual, necessary costs and expenses of preserving the estate [of the bankrupt]," 11 U.S.C. Sec. 503(b)(1)(A), takes priority over the other debts of a bankrupt. Congress enacted section 503(b)(1)(A) to avoid discouraging potential creditors from doing business with a company attempting to rehabilitate itself. 789 F.2d at 101. To effect Congress's intent, the Second Circuit classifies a debt as an administrative expense only if the debt arose out of a transaction between the creditor and debtor that occurred after the debtor filed the bankruptcy petition. Id. Thus, whether withdrawal liability is an administrative expense depends not upon when withdrawal liability accrues, but upon when the bankrupt receives the consideration supporting withdrawal liability.
In McFarlin's, the Second Circuit decided that withdrawal liability was based upon consideration that was received before the debtor went bankrupt. The consideration for the bankrupt's withdrawal liability, the court concluded, was work which McFarlin's employees did before McFarlin's went bankrupt. Id. at 101-02. Payment for the employees' labor did not constitute an administrative expense because the labor "was not furnished for the benefit of the debtor in possession or for the continuation of McFarlin's business after it went into bankruptcy." Id. at 103.
McFarlin's did not turn on when withdrawal liability accrues, but upon when an employer receives the benefit which withdrawal liability is intended to compensate. It is thus easily distinguishable. Since withdrawal liability secures the solvency of a pension plan designed to compensate workers for work performed before the debtor went bankrupt, the Second Circuit held that withdrawal liability is not an administrative expense. "A debt is not entitled to priority [as an administrative expense] simply because the right to payment arises after the debtor in possession has begun managing the estate." Id. at 101 (citation omitted). The Second Circuit did not determine, however, when withdrawal liability actually comes into existence as to an individual employer.13
Several other cases, which have considered when withdrawal liability accrues, bear more directly on the case at bar. Of these cases, Peick v. Pension Benefit Guaranty Corp. most thoroughly addresses the question. There, the Seventh Circuit ruled on the facial constitutionality of the withdrawal liability provisions of the MPPAA. To decide whether the Constitution forbids the withdrawal liability scheme which Congress passed, Peick first analyzed and interpreted that statutory scheme. "Under MPPAA, a withdrawing employer becomes liable on the date of withdrawal for a proportionate share of [the pension plan's unfunded vested liability]." 724 F.2d at 1256 (emphasis added). Recognizing that "the concept of unfunded vested liability involves a dynamic process," id. at 1267, the court described unfunded vested liability as an economic and legal concept so fluid that Congress could hardly define a liability based upon the concept of unfunded vested liability without designating a specific time at which to measure that unfunded vested liability.14
Peick concluded that Congress did not violate the due process clause of the fifth amendment when it chose to measure, and implicitly to define, withdrawal liability according to when the employer withdraws from the pension plan. "[T]he choice of the time of withdrawal for assessing the liability is far from irrational. It is at this time that Congress apparently believed the proposed withdrawer should be confronted with the immediate prospect of assuming the economic burden of providing an actuarially sound backing for the promised pensions." Id.
The Peick court assumed that under section 1381, withdrawal liability does not accrue until the employer withdraws from the pension plan, and the court upheld this interpretation of section 1381 against constitutional attack.15 Peick did not authoritatively interpret the withdrawal provisions of MPPAA, but did suggest strong reasons for believing that section 1381 creates withdrawal liability only when an employer withdraws from a pension plan. However, the Seventh Circuit necessarily left open the possibility that courts might choose another, equally constitutionally permissible interpretation of section 1381.
Nonetheless, we find the reasoning of Peick persuasive. The Peick court read section 1381 naturally and provided powerful reasons for adopting its interpretation. We reject CTI's argument that section 1381 equates withdrawal liability with unfunded vested liability. The argument that withdrawal liability is merely a method of imposing an already determined unfunded vested liability is conceptually faulty and unsupported by the case law.
Moreover, nothing in the law or in the facts of this case suggests that, absent Nadustco's withdrawal from the union pension plan, the plan would ever have charged Nadustco over $200,000 to help fund the plan's unfunded vested liability. Nadustco's withdrawal liability stems solely from CTI's business decision to unburden itself of an unfavorable union contract, and Godchaux is not responsible for the fact of, or the timing of, that liability. We conclude, therefore, that Godchaux did not fail to inform CTI of Nadustco's withdrawal liability, since no such liability existed until Nadustco withdrew from the union pension plan.
III.
We turn next to the second warranty which CTI claims Godchaux breached. CTI asserts that Fried, Rappaport & Co. did not prepare the financial statements according to generally accepted accounting principles (sometimes known as "GAAP") as Godchaux had warranted. Since the parties disagree both about what the terms of the contract mean and about whether Godchaux met his obligations under those terms, we focus on three separate sub-issues: First, we examine what rules to use to interpret and construe the contract between CTI and Godchaux and what standard of review applies to the district court's decision;16 second, we address the issue of what the parties meant by the phrase "generally accepted accounting principles consistently applied"; and finally, we consider whether Godchaux breached his warranty as it is properly construed and applied.
A.
In a diversity case involving the interpretation of a contract, we must apply the substantive law of the state in which the district court sits, Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), including the choice-of-law rules of that jurisdiction. Klaxon Co. v. Stentor Electric Manufacturing Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). Louisiana provides that the law of the place of contracting determines the nature, validity, and construction of that contract. Porter v. American Optical Corp., 641 F.2d 1128, 1144 (5th Cir. Apr. 1981) (citing United States Leasing Corp. v. Keiler, 290 So.2d 427 (La.App.1974); Bologna Brothers v. Morrissey, 154 So.2d 455 (La.App.1963)). "Absent contrary intent by the parties, a contract is considered executed at the place where the offer is accepted or where the last act necessary to a meeting of the minds or to completing the contract is performed. Williams v. Travelers Ins. Co. of Hartford, Conn., 19 So.2d 586 (La.App.1944)." Porter v. American Optical Corp., 641 F.2d at 1144-45. Here, the contract was executed and signed in Louisiana, and the law of that state accordingly governs its construction and application.
Louisiana will look beyond the contract's four corners only if it is ambiguous. Oceaneering International, Inc. v. Black Towing, Inc., 479 So.2d 421, 424 (La.App.1985), rev'd on other grounds, 491 So.2d 1 (La.1986). See also Kemp v. Hudnall, 423 So.2d 1260 (La.App.1982); La.Civ.Code Ann. art. 2046 (West 1987) ("When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties' intent.").
If the terms of the contract are ambiguous, however, very different rules apply. "In cases in which the contract is ambiguous, the agreement shall be construed according to the intent of the parties [citing La.Civ.Code Ann. art. 2045 (West 1987) ]. Intent is an issue of fact which is to be inferred from all of the surrounding circumstances [where the contract is ambiguous]." Kuswa & Associates v. Thibaut Construction Co., 463 So.2d 1264, 1266 (La.1985) (footnote omitted).17
Since the interpretation of a contract is a matter of law if the provisions of the contract are clear, we will review the district court's interpretation of this contract de novo if we determine that the terms of Godchaux's warranty are clear and unambiguous. Kaspar Wire Works v. Leco Engineering & Machine, Inc., 575 F.2d 530, 533 n. 7 (5th Cir.1978) (issues of law are reviewed de novo). If, however, we determine that the terms of Godchaux's warranty are ambiguous after we search the four corners of the contract, then we will accept, unless clearly erroneous, the district court's findings of fact as to the intent of the parties. Fed.R.Civ.P. 52(a).
B.
We begin with the language of the disputed warranty to determine what it requires. The warranty contained in Paragraph 6(f) assured CTI that "the financial statements of Nadustco ... have been prepared in accordance with generally accepted accounting principles consistently applied during the period January 1, 1975, to December 31, 1981...." That language, interpreted in the light of the contract as a whole, required Godchaux to ensure only that the financial statements be prepared according to those accounting professional norms which Nadustco's auditors had used to produce previous financial statements.
The term "generally accepted accounting principles" is a term of art that carries with it specific legal consequences. Standard accounting practice recognizes a hierarchy of "generally accepted accounting principles" comprised of general principles that pervade the practice of accounting, followed by the published standards of the American Institute of Certified Public Accountants ("AICPA"), followed by the prevalent customs and usages of the accounting profession, and completed by the remaining extant literature in the accounting field. Adler, Accounting Principles in Litigation, Prac. Law., Apr. 1988, at 43, 44-45. The heart of this system of accounting norms is the standards which AICPA's Financial Accounting Standards Board ("FASB") publishes. Id. at 45.
Despite these norms, "generally accepted accounting principles" are flexible. In Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 99 S.Ct. 773, 58 L.Ed.2d 785 (1979), the Supreme Court held:
Accountants long have recognized that 'generally accepted accounting principles' are far from being a canonical set of rules that will ensure identical accounting treatment of identical transactions. 'Generally accepted accounting principles,' rather, tolerate a range of 'reasonable' treatments, leaving the choice among alternatives to management.
Id. at 544, 99 S.Ct. at 787 (footnote omitted).
Thor requires the district court to defer to the professional judgment of the accountant who prepared Nadustco's financial statements. This rule of law suggests that an ethical, reasonably diligent accountant may choose to apply any of a variety of acceptable accounting procedures when that accountant prepares a financial statement.18 The rule also limits a district court, in reviewing such an accountant's work, to deciding only whether the accountant chose a procedure from the universe of generally accepted accounting principles.
Here, the district court was also required (by the contract) to determine whether the accountant preparing Nadustco's most recent financial statements chose to use accounting principles consistent with the principles used to prepare Nadustco's past financial statements. Aside from this general provision, however, the language of the contract does not restrict unequivocally, beyond the flexible limits of professional accounting norms, the accountant's discretion in preparing the controverted financial statements. Moreover, just as we must look to the accepted norms of accounting to define the term "generally accepted accounting principles," so too must we look to the practices used to prepare Nadustco's previous financial statements to interpret the phrase "consistently applied." Thus, we must conclude that the "four corners" of this contract do not resolve whether Godchaux breached this warranty, and we turn, consequently, to the extrinsic evidence the district court considered to determine the parties' intent.
Extrinsic evidence resolves several critical issues regarding the interpretation of the agreement. First, the purpose of the contract--to effect the sale of Nadustco--suggests that the parties wanted accurate financial statements to aid them in determining Nadustco's worth.19 Having less than a month left between signing the agreement and closing the deal, the parties agreed to instruct Joel Rappaport, the accountant auditing Nadustco's past financial statements, to review, but not to audit completely, Nadustco's mid-1982 financial statement.
Once Rappaport released these financial statements, the parties renegotiated the price of Nadustco and eventually agreed to an amendment lowering that price to the amount appearing in the original sales agreement.20 The amendment to the agreement contained a warranty similar to the one at issue here, asserting that Nadustco's financial statement of December 31, 1982, would "be prepared in accordance with generally accepted accounting principles applied on a consistent basis with the previous year's practices...." The warranty explicitly allowed the parties to readjust the terms of CTI's promissory note based on the information contained in the December 31, 1982, financial statement.21
The evidence strongly suggests that Godchaux warranted only that the financial statements of Nadustco accurately reported the value of Nadustco. We hold that it was not clearly erroneous for the district court so to find.
The extrinsic evidence also reveals that, under "generally accepted accounting principles," financial statements need not reveal immaterial information. Experts for both parties agreed that generally accepted accounting principles require only that an accountant reveal all material information on a financial statement; no standards of accounting practice require that an accountant reveal immaterial information.22 Since the financial statements were prepared to determine only the value of Nadustco, the independent auditor was not required to include in the financial statement any information not material to that value. Here, information is "material" if it would have affected a reasonable businessperson's evaluation of Nadustco's value.
Black's Law Dictionary (5th ed. 1979) states that a representation is "material" if it "relat[es] to [a] matter which is so substantial and important as to influence [the] party to whom [it was] made...." Black's at 880 (definition of "material"). In a fraud case, we held that, under Florida law, "[a] fact is material if but for the alleged non-disclosure or misrepresentation the complaining party would not have entered into the transaction." Hauben v. Harmon, 605 F.2d 920, 924 (5th Cir.1979). As we concluded in Mamco, Inc. v. American Employers Insurance Co., 736 F.2d 187, 190 n. 6 (5th Cir.1984),
The question of materiality generally arises in a context in which a deceiving party has induced a deceived party to undertake some act of detrimental reliance. In this context, 'materiality' expresses the notion that the deceived party would have acted differently had he known the truth about the fact misrepresented.23
Since the financial statements were designed only to reflect the value of Nadustco, those statements did not have to contain information not useful in assessing Nadustco's worth.
Finally, copies of Nadustco's financial statements dating back to 1975 revealed that those financial statements, prepared by two different accounting firms, had never revealed any information about Nadustco's union pension plan. Thus, the district court was not clearly erroneous in finding that Nadustco's accountants had consistently failed to mention Nadustco's union pension plan in its financial statements. This fact suggests, as the district court found, that the parties did not intend to require Rappaport to include information about the union pension plan in Nadustco's most recent financial statements.
We conclude that the district court correctly interpreted Godchaux's warranty that the two Nadustco financial statements would be prepared "in accordance with generally accepted accounting principles." As a matter of law, the term "generally accepted accounting principles" does not clearly and conclusively define what the parties meant by that term. We also conclude as a matter of law, however, that the language of the contract does limit how we may interpret this term. In particular, the text of the contract gave Rappaport the discretion to choose any of a variety of generally accepted accounting principles, provided those principles had been applied consistently since 1975 in preparing Nadustco's financial statements.24
We also conclude that the district court properly attempted to find what the parties factually intended, and that none of those findings was clearly erroneous. For example, the district court was not clearly erroneous in finding that the parties wanted the independent auditor to prepare financial statements that reflected only the value of Nadustco. The district court also properly found that "generally accepted accounting principles" required only that Rappaport reveal information material to Nadustco's value. Finally, it was not clearly erroneous to find that the accounting practices consistently applied to prepare Nadustco's financial statements since 1975 included the practice of not revealing any information about Nadustco's union pension plan.
C.
We turn now to the question of whether the district court was clearly erroneous in the way that it applied Paragraph 6(f) of the contract to the facts of this case. To find that Fried, Rappaport & Co. prepared Nadustco's 1981 and mid-1982 financial statements as Godchaux warranted, the district court had to find (1) that Rappaport used his professional judgment in declining to include information in the financial statements about the union pension plan; and (2) that Rappaport, within his discretion as an accountant, could decide not to include information about the union pension plan in the financial statement on the ground that this information was immaterial to the value of Nadustco. The district court found that the evidence supported these two factual conclusions. We now hold that the district court was not clearly erroneous in its findings of fact, and affirm the district court's decision that Godchaux did not breach his warranty.
The district court found that Rappaport exercised his professional judgment to determine that information about the union pension plan was not material to the financial statements which he audited and reviewed. The district court noted that Rappaport certified that he had prepared the reports according to "generally accepted accounting principles" and explicitly based its finding on this uncontested fact. While we agree that this finding of fact is sufficient in itself to support the district court's conclusion, we note also that other evidence on the record tends to support the district court's conclusion.
First, Fried, Rappaport & Co. had a check list of things to consider when preparing financial statements. Despite this check-off list, Rappaport apparently concluded that information about the union pension plan was immaterial to these statements. Second, evidence at both trial and in Rappaport's deposition suggests that these statements' discussion of Nadustco's separate non-union pension plan implicitly disclosed the existence of the union pension plan.25 Rappaport apparently decided that in revealing the existence of the non-union pension plan, the financial statements had disclosed enough information about the union pension plan.
There was also ample evidence on the record that the unfunded vested liability of the union pension plan did not materially affect the value of Nadustco.26 Experts for both Nadustco and CTI testified that the unfunded vested liability of the union pension plan would not in fact affect the "bottom line" value of Nadustco. Moreover, CTI knew of the existence of the multiemployer pension plan, the name of the pension plan, what employees were covered, how the plan was funded, and what was contributed in 1981 and 1982. Godchaux delivered the union contract, which contained most of this information, to CTI at the time of the sale. In addition, CTI operated Nadustco for a full year without ever complaining of the size of the union pension plan's unfunded vested liability. Given the parties' history of negotiating and renegotiating Nadustco's price even after the sale had been concluded, these facts alone suggest that the size of the unfunded vested liability did not change the value of Nadustco in the eyes of CTI.
Finally, the district court reviewed the accounting practices reflected in Nadustco's previous financial statements, and in financial statements prepared industry-wide, which suggested that information about the union pension plan's unfunded vested liability was not material. As we have already noted, accountants in two different accounting firms had failed since at least 1975 to include on Nadustco's financial statements any information about Nadustco's union pension plan. The trial testimony of Godchaux's accounting expert revealed that even "Big Eight" accounting firms do not always include information about corporate pension plans in the corporate financial statements, even where the client is as large as American Broadcasting Company ("ABC").27
We conclude that the district court properly held that Godchaux did not breach his warranty regarding the preparation of Nadustco's financial statements.
IV.
CTI urges one additional ground for reversal--that the court abused its discretion when it denied CTI leave to amend its complaint, as CTI had requested shortly before trial, to allow CTI to allege securities fraud against Godchaux.28 We find no need to reconsider the district court's decision here, however, since it has already decided implicitly against CTI on CTI's proposed action for securities fraud against Godchaux.
To make out a claim for securities fraud, CTI would have to allege and prove "(1) a misstatement or an omission (2) of material fact (3) made with scienter (4) on which [CTI] relied justifiably (5) that proximately caused [CTI's] injury." Huddleston v. Herman & MacLean, 640 F.2d 534, 543 (5th Cir. Unit A Mar. 1981), rev'd in part on other grounds, 459 U.S. 375, 103 S.Ct. 683, 74 L.Ed.2d 548 (1983) (footnote omitted). Of course, any material omission of fact regarding the sale of Nadustco's stock would also breach Godchaux's warranty that Nadustco's financial statements had been prepared "in accordance with generally accepted accounting principles" to reflect accurately the value of Nadustco. Since the district court has already ruled, and we now affirm, that Nadustco's financial statements did not omit any fact material to the value of Nadustco, we must also deny any claims CTI has for securities fraud against Godchaux arising out of the sale of Nadustco, even assuming, arguendo, that the district court abused its discretion in denying leave to amend.
The judgment is AFFIRMED.
29 U.S.C. Sec. 1381 derives its current form from the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), which amended the Employee Retirement Income Security Act of 1974 ("ERISA")
The parties amended the sales agreement twice. Under the ultimate terms, the parties set the face value of the note at $257,374.50, with provisions (eventually worth $5,742.27) to credit CTI for half of certain taxes Nadustco paid in 1983
The two warranties, contained in paragraph 6 of the contract, read in relevant part:
The Shareholders [primarily Godchaux] ... represent and warrant
f. That the financial statements of Nadustco above-described [the audited statement and the reviewed statement of December 31, 1981 and June 30, 1982 respectively] are true and complete and have been prepared in accordance with generally accepted accounting principles consistently applied during the period January 1, 1975 to December 31, 1981;
g. That except to the extent reflected or provided in Nadustco's balance sheets as of December 31, 1981, and in reviewed but unaudited balance sheets as of June 30, 1982, Nadustco did not have any liabilities of any nature, whether accrued, absolute, contingent, or otherwise....
The only obligation the collective bargaining agreement imposed on Nadustco was a duty to pay the plan $1.30 per each hour Nadustco's union employees worked
29 U.S.C. Sec. 1381 reads in relevant part:
(a) If an employer withdraws from a multiemployer plan in a complete withdrawal or a partial withdrawal, then the employer is liable to the plan in the amount determined under this part to be the withdrawal liability.
Godchaux agreed, in paragraph 13 of the agreement to sell Nadustco, to indemnify CTI if he violated the warranties at issue here. In relevant part, paragraph 13 reads:
Shareholders [primarily Godchaux] shall indemnify and hold harmless CTI at all times subsequent to closing, against and in respect of:
a. All liabilities of Nadustco of any nature, whether accrued, absolute, contingent, or otherwise existing at time of closing, to the extent not reflected or reserved in Nadustco's audited financial statements at December 31, 1981 and at December 31, 1982 ...; any damage or deficiency resulting from any misrepresentation, breach of warranty, or nonfullfillment [sic] of any agreement on the part of Nadustco or its Shareholders under this Agreement or from any misrepresentation in or omission from any certificate or other instrument furnished or to be furnished CTI under this Agreement....
CTI does not claim, and we can find no evidence in the record to suggest, that Nadustco had any undisclosed liabilities other than withdrawal liability. CTI also fails to cite any other statutory mechanism through which Nadustco could have been forced to pay any portion of its pension plan's unfunded vested liability. CTI's silence suggests that Nadustco never would have faced a bill for any portion of its share of the plan's unfunded vested liability until Nadustco withdrew from the plan. Moreover, CTI admits that Nadustco's contracts obligated it only to pay a predetermined fee for each hour one of Nadustco's union employees worked. Nadustco, as CTI admits, had no contractual duty to underwrite any part of any conceivable liabilities (through underfunding or otherwise) incurred by the pension fund
ERISA imposes minimum funding requirements in 29 U.S.C. Sec. 1082
This methodology is required by 29 U.S.C. Sec. 1391(b)(2)(A)(ii), which provides that the unfunded vested benefits to be considered are those for each plan year "before the plan year in which the withdrawal of the employer occurs."
We are not engaging in idle speculation when we assume that a pension plan's investments may perform well enough in a single year to eliminate a $225,000 unfunded vested liability. According to CTI's own figures, the unfunded vested liability of the union pension plan dropped more than 36% in plan year 1982 alone. The legal definition of "withdrawal liability" does not depend, of course, upon fortuitous events in the nation's capital markets. The point is that when an employer withdraws from a pension plan determines not only when and how the employer will pay its withdrawal liability, but also whether that withdrawal liability will increase, decrease, or even cease to exist. Godchaux had no control over either (i) when CTI chose to withdraw from the plan or (ii) whether the withdrawal liability created by CTI's withdrawal was more or less than the unfunded vested liability that would have been shown in a financial statement as of the date of sale
We do not reach the question of whether any legal mechanism other than withdrawal liability exists to force an employer to assume a portion of its pension plan's unfunded vested liability. We note only that CTI has failed to show this court how those mechanisms might have affected CTI
The withdrawal liability came into existence, therefore, only because CTI made a unilateral business decision regarding the management of the business and assets which it had purchased from Godchaux. By using or misusing those assets, CTI could have incurred numerous other liabilities (e.g., tort liability, civil rights or affirmative action exposure, environmental damage, or consumer fraud), none of which would have been legally attributable to Godchaux. Simply put, what CTI chooses to do to maximize the economic potential of what was once Godchaux's business enterprise would have benefited CTI exclusively had it succeeded, and should not now harm Godchaux merely because it failed
CTI also relies heavily upon Trustees of Amalgamated Ins. Fund v. William B. Kessler, Inc., 55 B.R. 735 (S.D.N.Y.1985) which McFarlin's cites with approval. 789 F.2d at 104. Since the two cases appear to stand for the same proposition, we do not view our decision in this case as in conflict with either McFarlin's or Kessler
One may argue that [an unfunded vested liability] may in due course disappear through appreciation in value of the [pension plan's] assets. Or it may be reduced in time by a flood of new employee participants as to whom employer contributions will be required without a contemporaneous offsetting increase in employees whose benefits are vesting. On the other hand, if the value of [pension plan] assets does not appreciate or if employees whose benefits vest increase out of proportion to the increase of young employees for whom contributions are being made, then the deficiency in value of fund assets may grow worse. A third factor which also obviously affects the rise and fall of the unfunded liability is the liberality or conservatism with which the level of benefits is fixed. Of course, the entire calculus is significantly affected by the life expectancy assumptions and by present-value calculations involving interest rate assumptions
Id.
Other cases support Peick 's reading of Sec. 1381. See Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211, 226 n. 8, 106 S.Ct. 1018, 1026-27 n. 8, 89 L.Ed.2d 166 (1986) ("Several sections of [MPPAA] moderate the impact of a withdrawing employer's liability by exempting certain transactions from being characterized as 'withdrawals.' "). Bd. of Trustees of Western Conference of Teamsters Pension Trust Fund v. Thompson Bldg. Materials, 749 F.2d 1396 (9th Cir.1984); Republic Industries, Inc. v. Teamster Joint Council No. 83 of Va. Pension Fund, 718 F.2d 628 (4th Cir.1983), cert. denied, 467 U.S. 1259, 104 S.Ct. 3553, 82 L.Ed.2d 855 (1984); Washington Star Co. v. Int'l Typographical Union Negotiated Pension Plan, 729 F.2d 1502 (D.C. Cir.1984); Textile Workers Pension Fund v. Standard Dye & Finishing Co., 725 F.2d 843 (2d Cir.), cert. denied, 467 U.S. 1259, 104 S.Ct. 3554, 82 L.Ed.2d 856 (1984). (These cases all note that Congress enacted withdrawal liability in part to discourage withdrawals.) See also Transport Motor Express, Inc. v. Cent. States Pension Fund, 724 F.2d 575, 577 (7th Cir.1983) ("[I]f no withdrawal under the terms of the MPPAA has occurred, [a pension fund has] no basis for assessing withdrawal liability....")
The rules of contractual interpretation and construction and the rules of reviewing district court decisions are, of course, equally applicable to our discussion of Godchaux's first warranty in paragraph 6(g) of the contract. However, both parties agree on how to interpret that provision of the contract. Consequently, we discuss contractual interpretation and application and standards of review in this portion of the opinion
This amounts to Louisiana's version of the parol evidence rule, a maxim of substantive law which we must apply in this case. We note, however, that the result would be the same if we were to apply federal law instead. As we held in Carpenter's Amended & Restated Health Benefit Fund v. Holleman Constr. Co., 751 F.2d 763 (5th Cir.1985),
Ordinarily, courts attempt to resolve ambiguities in a contract by looking to the contract itself, on the theory that the parties' words best represent their intentions. Ambiguous terms are interpreted in light of other terms in the contract, and inconsistencies are resolved through standard rules of interpretation--for example, that specific terms control over general terms, or that separately negotiated terms control over standardized terms. As long as the contract as a whole is coherent, ambiguities can be resolved as a matter of law, without looking beyond the four corners of the document. In such cases, a reviewing court is not bound by the clearly erroneous standard of review. Since no issues of fact are involved, the reviewing court is as competent as the trial court to interpret the contract....
In some cases, however, even by looking at the entire document, ambiguities cannot be resolved--the document as a whole is ambiguous. To resolve these ambiguities, a court can no longer rely solely on the language of the contract to determine the parties' intent, and must look to extrinsic or parol evidence. Consequently, in these cases, questions of contract interpretation are questions of fact, ... and the clearly erroneous standard of review applies. Fed.R.Civ.P. 52(a).
751 F.2d at 766-67 (citations and footnote omitted). See also Paragon Resources, Inc. v. National Fuel Gas Distribution Corp., 695 F.2d 991, 995-96 (5th Cir.1983).
For example, the phrase "generally accepted accounting principles," when used, as here, in the sale of one company to another, "should not be interpreted in vacuo but only in relation to the particular type of business involved." Pittsburgh Coke & Chem. Co. v. Bollo, 560 F.2d 1089, 1092 (2d Cir.1977)
When determining what information to include in a financial statement, an accountant may attach greater weight to the specific purpose for which the statement is being prepared than to the general purposes for which financial statements are prepared ordinarily. In a case remarkably similar to the one at bar, Pittsburgh Coke & Chem. Co. v. Bollo, the court upheld the method chosen to write off assets in a statement prepared pursuant to the sale of an airplane parts business. The Second Circuit held that generally accepted accounting principles did not require the accountant to ignore the nature of the business sold, see supra n. 18, provided that "[f]rom the commencement of negotiations to the closing date there was no concealment or misrepresentation of information essential to the transaction." 560 F.2d at 1092 (emphasis added)
The amendment reduced the size of the promissory note from $300,000 to $227,000, and the price of Nadustco from $600,000 to $527,000
The parties ultimately did readjust the terms of the promissory note based upon that financial statement
CTI relies heavily upon the statements and opinions of the FASB and the Accounting Principles Board (APB), particularly FASB, Statement No. 35, March 1980; FASB, Statement No. 36, May 1980; and APB, Opinion No. 8, November 1966. Each of these documents authoritatively describes some of the standard principles accountants apply in deciding what pension plan information to include in their clients' financial statements. However, experts for both parties agreed at trial that these standard reporting principles apply only where the undisclosed information is material. Moreover, FASB promulgated Statement No. 36 to govern what information an employer's financial statement should disclose concerning its pension plan. It says, "The provisions of this Statement need not be applied to immaterial items." Statement No. 36 at 5
The definition of "material" changes slightly from one area of the law to another. However, Mamco accurately describes the essential contours of the ordinary legal meaning of "materiality." As the Supreme Court has observed, "The question of materiality, it is universally agreed, is an objective one, involving the significance of an omitted or misrepresented fact to a reasonable investor." TSC Industries, Inc. v. Northway, Inc., 426 U.S. 438, 445, 96 S.Ct. 2126, 2130, 48 L.Ed.2d 757 (1976) (securities law). In securities law, at least, "[a]n omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote." Id. at 449, 96 S.Ct. at 2130
In areas of the law outside securities regulation, the test for materiality is similar. In criminal law, due process forbids the prosecution from suppressing evidence favorable to the accused "where the evidence is material either to guilt or to punishment." Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963). The Supreme Court has ruled that, in the Brady context, "[t]he evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A 'reasonable probability' is a probability sufficient to undermine confidence in the outcome." United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985).
The contract stated not only that the financial statements were to be in accordance with generally accepted accounting principles, but also that those principles were to be "consistently applied during the period January 1, 1975 to December 31, 1981...." See supra n. 3
Of course, CTI has never pretended that it was unaware of the existence of the union pension plan
CTI argued vociferously during and after trial that the union pension plan was a "defined benefit plan" determined by the benefit levels the plan administrators set for beneficiaries. Godchaux countered that the plan was a "defined contribution plan" because Nadustco was not required to pay more than a single, contractually-set rate for each hour Nadustco's covered employees worked. Whether the union pension plan was a defined benefit plan or a defined contribution plan is irrelevant, because the plan, however defined, did not materially affect the "bottom line" value of Nadustco. As both parties' accounting experts agreed, no generally accepted principles of accounting require financial statements to reveal immaterial information
CTI reminds us that the withdrawal liability was approximately 40% of the total purchase price for the stock and hence must be "material." However, the test is not whether a sum in excess of $200,000 represents a "material" or "significant" sum of money for a company the size of Nadustco, but whether there was a material liability that affected the value of Nadustco as of the date of the sale
Fed.R.Civ.P. 15(a) states: "[A] party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires." We interpret this portion of the rule to require us to use the "abuse of discretion" standard to review district court decisions to deny a party's motion to amend its pleadings when that party may not do so as a matter of course. Wedgeworth v. Fibreboard Corp., 706 F.2d 541 (5th Cir.1983) | 52,329 | 18,259 | 0.000055 |
warc | 201704 | Twenty people have died in the protests triggered by Pastor Terry Jones' burning of the Koran in March and more violence is likely. But both his action, and the reaction in the Muslim world share the same problematic roots: Claims to absolute truth have little place in the modern world.As a person who has spent quite a bit of time reading, discussing and teaching about the nature of science, I'm well aware that within the sciences, claims of absolute knowledge are, for practical purposes, forbidden. The word "truth" in a scientific context raises my hackles and sets off my BS alarm.
This does not mean there aren't bits of data which I choose to treat as if they are absolute truth; Stephen J. Gould defined "fact" as follows:
Moreover, "fact" doesn't mean "absolute certainty"; there ain't no such animal in an exciting and complex world. The final proofs of logic and mathematics flow deductively from stated premises and achieve certainty only because they areIn other words, I treat my knowledge as an absolute basis for decision-making in the vast majority of day-to-day situations. But I have a duty to acknowledge evidence against data I consider to be "facts." Furthermore, when the outcome of my fact-based decisions may be injury or even death to another, that is not a day-to-day situation, and I have a human duty to reconsider just how certain I am about my facts, and how important I think those facts are, in the grand scheme of things. notabout the empirical world. Evolutionists make no claim for perpetual truth, though creationists often do (and then attack us falsely for a style of argument that they themselves favor). In science "fact" can only mean "confirmed to such a degree that it would be perverse to withhold provisional consent." I suppose that apples might start to rise tomorrow, but the possibility does not merit equal time in physics classrooms.
It's all about perspective.
Absolutes are comforting, and as human beings we desire them. Our desire for them can lead us to believe they exist. But they don't. In believing that absolute knowledge can exist, and in blindly acting on the basis of that knowledge, the outcome is inevitably injury and death.
This is the basis of religion, going hand-in-hand with the guilt-assuaging certainty that when others suffer as a result of our decisions, it is because of "God's will" or "God's plan."
And unfortunately, that perspective is not limited to religion. One of this country's political parties has a whole laundry list of absolute facts that trump human life, as we saw yesterday with Ryan's "serious" budget proposal. I would be so much more optimistic if I felt that the other party was honestly willing to fight for principles and people, rather than trying to be bipartisan. Because with absolute knowledge, there is no compromise, no middle ground, no negotiation.
You can bet your life on it.
Absolutely. | 2,932 | 1,510 | 0.000669 |
warc | 201704 | Geolocation Technology and Privacy
TAKEAWAYS: Chairman Chaffetz and Ranking Member Cummings will review updated guidance issued by the Department of Justice post S. v. Jones. These memos provide guidance on the use of geolocation technology by federal law enforcement. Various legal standards and guidelines are used to manage the use of geolocation technology at a local, state, and federal level. A clear standard is needed to govern the use of this technology. Congress ...
Oversight of Federal Vehicles
PURPOSE: To review the structure of accountability for owned and leased federal vehicles, and incentives for proper management. To assess the status of vehicle management by the National Passenger Rail Corporation (Amtrak). BACKGROUND: According to the General Services Administration, federal agencies owned or leased 633,851 vehicles in fiscal year 2014 at a cost of $4.4 billion. The Government ...
Review of Obamacare Consumer Operated and Oriented Plans (CO-OPs)
PURPOSE: To question Centers for Medicare and Medicaid Services (CMS) about factors leading to the failure of over half of Consumer Operated and Oriented Plans (CO-OPs). To examine ...
Security Clearance Reform: The Performance Accountability Council’s Path Forward
TAKEAWAYS: Department of Defense (DOD) and Office of Management and Budget (OMB) officials cannot give a timeline for incorporating social media monitoring into the security clearance ...
The Zika Virus: Coordination of a Multi-Agency Response
PURPOSE: • To examine the coordinated federal response to the spread of the Zika virus both within the United States (US) and internationally. • To address confusion and misinformation surrounding measures taken at home ...
IRS: Reviewing Its Legal Obligations, Document Preservation, and Data Security
TAKEAWAYS: On multiple occasions, the Internal Revenue Service (IRS) failed to meet its legal obligations to properly preserve documents. According to the IRS Deputy Commissioner of ...
The President’s Waiver of Restrictions on the Visa Waiver Program
PURPOSE: • To examine and assess the impact of Congressional changes made to the Visa Waiver Program (VWP) to prevent terrorists from exploiting the program. • To review steps taken by the ...
Developments in the Prescription Drug Market: Oversight
TAKEAWAYS: Former CEO of Turing Pharmaceuticals, Martin Shkreli, refused to answer questions from Committee Members, opting instead to invoke his
Securing Our Skies: Oversight of Aviation Credentials
PURPOSE: To examine aviation security issues, including weaknesses in airmen certificates, airport credentials, and other challenges. To better understand proposed solutions for increasing safety and ... | 2,741 | 1,379 | 0.000738 |
warc | 201704 | The opinion of the court was delivered by: Tucker, J.
Presently before this Court is Plaintiff's Motion to Mold the Verdict Pursuant to CASPA (Doc. 76). For the reasons stated below, this Court will grant Plaintiff's Motion.
On or about March 8, 2006, Plaintiff Corrado & Sons, Inc. and Defendant D.R. Horton, Inc. -New Jersey entered into a contract valued at over four million dollars relating to the construction of a three-building residential housing complex in Conshohocken, Pennsylvania.
In October 2007, Plaintiff filed an action in the Eastern District of Pennsylvania alleging that Defendant breached the March 2006 contract when it failed to make scheduled payments. In response, Defendant asserted that it withheld payment because of Plaintiff's deficient performance.
This matter was tried before a jury beginning on October 5, 2009. The jury returned a verdict in favor of Plaintiff on October 14, 2009. Specifically, the jury found that Defendant withheld payment in the amount of three hundred thirty-eight thousand, one hundred thirty dollars ($338,130.00), Plaintiff did not breach the contract by performing deficient or incomplete work, Defendant failed to notify Plaintiff orally or in writing within seven (7) days of invoice receipt that there were alleged deficiencies, and that Defendant's withholding of payment was not made in good faith.
Pursuant to the Pennsylvania Contractor and Subcontractor Payment Act ("CASPA"), Plaintiff now seeks to mold the jury verdict to include interest and penalties, and attorney fees and costs for a total of nine hundred twelve thousand, six hundred twenty-seven dollars and ninety-seven cents ($912,627.97).
The essence of the remaining dispute between the parties is the applicability of CASPA to payment for performance under the contract. Defendant argues that contract terms govern payment and render CASPA inapplicable. In contrast, Plaintiff asserts that even where parties have negotiated their own payment terms, CASPA still applies with equal force. This Court agrees.
Pennsylvania Superior Courts have held that whether payments from an owner are timely depends upon the parties' agreement on payment terms. See John B. Conomos, Inc. v. Sun Co., Inc., 831 A.2d 696, 710 n.8 (2003); see also Joseph F. Capelli & Sons, Inc. v. Keystone Custom Homes, Inc., 815 A.2d 643, 646 (Pa. Super. 2003). However, while the contract between the parties outlined the payment terms, CASPA still applies and requires the parties to act in accordance with the agreement.
Here, Defendant failed to remit payment in accordance with the March 2006 agreement. Defendant argues that this was permissible under the contract because the contract explicitly permitted the withholding of payments due to defective work or services, or unsatisfactory performance by Plaintiff, and further asserts that the contract allowed for retainage. Yet, direct testimony at trial indicated that the parties did not agree to retainage. Additionally, the jury found that there was no defective work performed by Plaintiff which could serve as a basis for withholding payment. CASPA also requires that the owner notify the contractor within seven (7) days in order to withhold payment for deficiency items, and the jury determined that Defendant did not provide Plaintiff with such notice, and that consequently, the withholding of payment was not in good faith. The jury verdict clearly indicates that Plaintiff is the substantially prevailing party.
Under CASPA, the fee award to the substantially prevailing party is mandatory. 73 P.S. § 512(b); see also Moravian Assoc., L.P. v. The Henderson Corp., 2008 WL 3562468, 13 (E.D.Pa. Aug. 12, 2008). Section 512(b) provides that where litigation is commenced to recover payment due and it is determined that an owner failed to comply with the payment terms of the act, the court shall award a penalty of 1% per month of the amount that was wrongfully withheld. It further provides that the substantially prevailing party in any litigation to recover payment under CASPA must also be awarded its reasonable attorneys fees, together with expenses, notwithstanding any agreement to the contrary. Defendant contends that Plaintiff's calculations of interest and penalties under CASPA are incorrect, stating both that Plaintiff seeks to apply interest and penalty awards to amounts that the jury did not determine to be wrongfully withheld and that Plaintiff's attorneys fees are unreasonable. This Court finds Defendant's analysis unpersuasive, as Defendant presents no legitimate basis for the Court to depart from Plaintiff's calculations. The amounts owed prior to the commencement of litigation, and the amounts paid and unpaid thereafter, were all clearly indicated through evidence at trial. Amounts that were due and owing prior to the commencement of litigation, but not paid until after litigation began, are late payments for the purposes of CASPA, and interest and penalties thereon are permitted. Moreover, the rate schedule referenced by Defendant in support of its position that Plaintiff's attorneys fees are unreasonable was established in April 2006, nearly four years ago. When calculating a reasonable attorney fee, the current market rate is the rate at the time of the fee petition, not the rate at the time the services were performed. Lanni v. New Jersey, 259 F.3d 146, 149-50 (3d Cir. 2001). Consequently, the Court finds that Plaintiff's current rates accurately reflect current market rates, and will not adjust Plaintiff's calculation.
Despite Defendant's arguments, this Court agrees with Plaintiff that CASPA is intended to provide a procedural basis for a level playing field between the parties, such that its protections cannot be deemed to become moot simply because a time for payment exists in the contract in question. Rather, CASPA exists to encourage fair dealing between parties, and therefore, applies whether or not parties have negotiated terms for billing and payment. For these reasons, this Court will grant Plaintiff's motion to mold the final judgment amount to reflect interest, penalties, attorneys fees and ... | 6,155 | 2,639 | 0.00038 |
warc | 201704 | HIV/AIDS, India and Our Collective Conscience Do you see a scar going round the neck? That scar should be on our collective conscience. “Ramesh” (not his real name) is just 25. The industrialization of our brave new India drove him from his agricultural land in rural Karnataka and made him a truck driver. When he got pain in his tummy and eventually was given a diagnosis of HIV, that world rejected him. Pain, HIV and the rejection together forced him to try to hang himself. “I did not succeed even in that,” he says ruefully. How many thousands of desperate men in every state in India are like him, in pain and suffering, rejected by the medical system and the society?
“Ramesh” is one of a small minority of people with HIV and pain who get care and pain relief. He has been taken in by
Asha Jyoti, a care centre run by “ Samraksha” in Kushtagi, Northern Karnataka.
Over the last two months
Pallium India has been collaborating with Samraksha to bring in routine pain assessment and symptom control as part of the routine care at Asha Jyoti. There is a long way to go yet at Asha Jyoti, but a good beginning has been made, and an amazingly sincere team is doing a wonderful job. | 1,231 | 698 | 0.001488 |
warc | 201704 | Many women consider their butt a problem area and they attack it relentlessly every time they step into the gym. However, if the perfect butt is your goal, you'd better take advantage of the most effective exercises to score!
According to
Jim Smith, CSCS, of Diesel Strength and Conditioning, strengthening your glutes not only gives you a nicer looking booty, but can help to improve your posture and alleviate back pain as well.
To take advantage of all the benefits stronger glutes offer, he recommends the hip thrust which activates the muscles even more than conventional lunges.
Check out his simple "how to" below and watch the video above for an easy to follow demonstration to perform a proper hip thrust at the gym or at home!
It is performed on the edge of a bench (or off the end of your couch in your home), with your shoulders on the bench and your feet firmly planted on the floor. Bend at the waist while keeping your torso in astraight line and then extend upward locking your hips with a powerful glute contraction. Repeat for 3-4 sets of 8-12 repetitions. Hold each contraction at the top for 3-5 seconds. In the video you'll see two hip thrust variations and a simple way to overload the movement as you start to get stronger.
Thanks for the tip, Jeff!
Tags: back pain, benefit, butt, glutes, muscles, posture, routine, tips, video, workout | 1,371 | 764 | 0.001319 |
warc | 201704 | Last week, we read that Cesar Millan, the “dog whisperer”, was being sued for allegedly injuring a dog at his training facility. Like I said then, it was better to withhold judgment of the case until we heard back from his people… a.) A spokesman for the channel that airs dog trainer Cesar Millan's "Dog Whisperer" show denied that Millan injured a dog as claimed in a recent lawsuit… the dog's injury was not connected with the production of "Dog Whisperer." b.) "From what we understand, Cesar was not there at the time the injury occurred, he never worked with this dog ...," c.) Workers at the facility were accused in the suit of placing a choke collar on the dog, pulling him onto a treadmill and forcing him to overwork. So, here is my take on this, from what I have learned from studying Millan’s teachings, and from what I have read in the news: What appears to have happened, at least from what is and isn’t being said, is that a dog was enrolled into the Dog Psychology Center, Millan’s dog training company. The dog had some kind of fearful behavior problem. Part of Millan’s behavioral modification program involves a significant amount of exercise, which normally involves taking a pack of dogs for a run in the Santa Monica hills. In addition, he advocates the use of treadmills to supplement the exercise for the dog. Apparently, the staff of his facility had this dog on a treadmill and the dog got injured. The claim is that the dog has severe neck and back injuries, and the skin on the underside of the dog was rubbed raw. It is also possible, and we won't know this until we get a report from a credible source, that the dog wasn’t in good health before the training began, which no one could have known or predicted. My hypothesis is that the dog owner believes the staff at Millan’s facility weren’t somehow aware or watching as this dog got caught up in the machinery of a treadmill. So, the dog got injured. Millan’s spokespeople say he wasn’t there at the time of the incident and it didn’t happen during the filming of any TV episode. But, they don’t appear to deny, in these news stories, the dog was injured at the facility as claimed. I still want to hear what Cesar Millan’s attorney has to say in response. I do know this, regardless of what the truth here really is… I do believe that exercise can be useful in a program of behavior modification. I do believe that a treadmill can be useful in giving a dog focused exercise. However, a dog needs direct supervision on such a device. The dog can’t be tied to the machine and left unsupervised, and you have to be extra careful in how you introduce the dog to the treadmill, especially if you are dealing with a fearful dog, and consider which type of collar is the safest for that particular dog. And even with the best supervision, injuries can occur in dog training and exercise. Anyone who has owned enough dogs over time has seen their dogs get injured in some freaky way. I personally think that if this case against Millan is true, then it was a very unfortunate accident. Not malicious, but an accident. | 3,191 | 1,519 | 0.000679 |
warc | 201704 | From "For Whom He Wore Black", an excellent article in the May issue of THE REPUBLIC In The Politics of Denial, (MIT Press, 1996), political. psychologists Michael Milburn and Sheree Conrad write that while punitive parenting elicits immediate obedience, it tends to worsen children’s behaviour over time. Children subjected to it are at greater risk in later life of suicidal thoughts, depression, drug addiction, and health problems, and of being abusive towards their spouses and their own children. They’re also more likely to display aggressive behaviour, and to both tolerate violence and approve of its use. Punitive parenting impairs creativity and problem-solving, and can lead to lifelong anxiety and anger issues. The more punitive the parenting, the worse the risks become For the complete article see: http://republic-news.org/archive/187-repub/187_nenonen.html
Labels: authoritarianism | 914 | 567 | 0.001793 |
warc | 201704 | SEC. FTC. DOD. DOJ. OCC. HHS. FAA. EEOC. OPM. CFTC. CPSC. CFPB. To most sane people, they probably recall a poor combination of letters during a game of Words With Friends. For demented Beltway minds, however, each string of letters carries specific connotations in the vast alphabet soup of the federal bureaucracy. Most operate outside the notice of the rest of the country, quietly protecting our financial markets, inspecting the cars we buy, or upholding labor standards.
But that last acronym will climb atop the pile and enter the popular vernacular in the near future. The Consumer Financial Protection Bureau (CFPB, per D.C. shorthand) celebrated its one-year anniversary on Saturday. Depending on the outcome of the presidential election, the agency could grow into one of the most public and popular arms of the federal bureaucracy—or wither away into irrelevance.
Did you forget to blow out a candle for its first birthday this past weekend? Fear not, the
Prospect has you covered. I’ll be reporting on the CFPB on a regular basis through the end of the year, keeping you up to date on its new policies and tracking the development of a nascent agency under constant threat from Hill Republicans and Mitt Romney—not to mention continual harassment from Wall Streeters who would prefer zero public scrutiny of their business practices . Read on here for a basic overview of the CFPB's origins, what it’s done over the past year, and where it might be headed. Why should I, a lowly consumer, care about yet another arm of the federal bureaucracy?
World-weary reader, I understand your confusion at the myriad of overlapping rule makers. When the SEC levies fines on the big banks, it can be hard to relate that back to your daily life. But the CFPB is one to actually remember! That's because it is
aimed directly to you, the consumer. The agency entered the legal code as a cornerstone of the Dodd-Frank bill, passed two years ago to combat the Wall Street excesses that sank the country into a recession. The CFPB is a perfect wedding guest, bringing with it a bit of the old and new: It co-opted outmoded, ineffective elements of the executive branch—fully consuming the Office of Thrift Supervision and stealing employees and tasks from the Federal Reserve and HUD, among others—as well as expanding into new territory. The agency can step in and make rules for most people who would lend you money (a few exceptions, such as car dealerships, were carved out when Congress created the CFPB). Its primary focus is on mortgages, credit cards, payday loans, and student debt. However, the CFPB isn't solely focused on blocking the lenders from taking certain actions; they also serve as an advocate for consumers who have run into trouble, confronting lenders on their behalf, and helping regular folks cut through the complex legalese that comes with any current contract. Where did Congress get the idea for this agency?
The origins can be traced back to an article penned by Elizabeth Warren in 2007. Warren might be a household name these days (well, a name in households that read
The American Prospect), but back then she was just a Harvard law professor. In her article in the journal Democracy, "Unsafe At Any Rate," Warren made the astute observation that the government won't let a toaster manufacturer sell you a piece of machinery that has a high chance of exploding through no fault of your own; shouldn't we offer the same guarantees to a family financing a mortgage or struggling with credit-card debt? The government can't fully protect you from making mistakes—after all, regulations don't prevent you from filling your toaster with paper and burning down your house. But it provides a guarantee—a luxury that consumers lacked in the financial sector—that you should be fine if you apply common sense. The 2008 Democratic presidential candidates latched onto the idea, and Barack Obama made a direct allusion to Warren's thesis when Jay Leno interviewed him during the campaign. Is there any major, cultural touchstone summer event that could serve as a hackneyed metaphor for the CFPB?
Think of CFPB as Batman. Gotham (the financial services sector) is a decrepit mess, with lots of scummy criminals looking to rob hapless victims, while the well-intentioned cops (our old regulatory regime) are outmatched—or occasionally bought off with bribes or promises of high-paying jobs in the real world. In comes the new savior, a nimble and idealistic crusader that is not bound by the old framework, but can adapt to the situation as new needs arise.
Past regulatory regimes have been limited by their narrow structures; they write a rule and immediately the banks find technicalities to circumvent it to their advantage. Unlike Batman, the CFPB is fully within the scope of the government, but it shares a bit of the vigilante streak, working outside the bounds of past regulators. Thanks to its wider purview, the CFPB can swat down lenders when they skirt past the intent of a rule's exact language. Meanwhile, the agency’s money flows independent of the congressional appropriations process (instead, its funds are determined by the Treasury Department), which gives the CFPB the ability to act without fear of bank lobbyists convincing Congress to overturn its rules.
All right, so they got to work a year ago? How come I haven't heard all that much about them?
While the CFPB technically began operating on July 21, 2011, they couldn't really get to work until January 4 of this year. That's when President Obama used a recess appointment to put Richard Cordray, former attorney general of Ohio and Warren’s enforcement chief, in place as the agency's first director—much to the chagrin of congressional Republicans who claimed they were not in recess over the holidays after all. Thanks to the way it was structured in Dodd-Frank, the CFPB couldn't begin to take any big steps until their leader was in place. Republicans had put a stranglehold on the agency by refusing to confirm Cordray. While the agency was staffing up and beginning to reach out to consumers, CFPB couldn't write new regulations or take enforcement actions until Cordray walked in the door.
Lemme guess, Republicans still hate the idea?
You betcha. They opposed the concept during Congressional negotiations around Dodd-Frank and have taken to extreme measures to cripple the agency ever since. Rather than admit defeat after Dodd-Frank passed, Republicans vowed to block any nominee to head the agency. Forty-four senators penned a letter to the Obama administration vowing to filibuster unless the CFPB was restricted to replace the director with a bipartisan five-commissioner board—a model that has debilitated other agencies, like the Federal Election Committee, from any meaningful stabs at enforcing their rules.
Since Obama one-upped their brinkmanship with Cordray's recess appointment, Republicans have been left with few options to block the CFPB. There's a lawsuit challenging the constitutionality of the CFPB, but the suit appears to have little legal standing (of course, people said the same thing when lawsuits against the Affordable Care Act were winding their way through lower courts). House Republicans still introduce bills to hamper the agency from time to time, but since the CFPB's money flows through the Federal Reserve, they can't block Cordray from hiring a full complement of staffers.
So what have they done thus far?
The CFPB made its biggest splash last week, when it issued its first enforcement action. The agency fined Capital One more than $200 million fine for violating federal law in its marketing. Some two million consumers with Capital One credit cards will receive $140 million in compensation.
The agency has done quite a bit in fact, particularly over the past several weeks. In the last month alone the CFPB has:
· Launched a database of credit card complaints, publicizing which companies receive the most grievances and which are the best at responding when a problem arises.
· Proposed a new, simplified mortgage form. Once implemented, lenders will have to lay out all of key pieces of information in an easily understandable three-page document, dispensing with the endless pages of fine print that make current contracts unintelligible to anyone without an MBA.
· Created regulations to help protect borrowers with high-risk mortgages and increase the number of loans that qualify in the high-risk category. (Between 2004 and 2010, just 36,000 total home loans qualified for these extra protections.)
· Placed credit reporting agencies—the organizations with the catchy jingles that calculate your credit rating—under government review for the first time. Consumer advocates had long agitated for this, as people had little recourse if a reporting agency accidentally confused two people with similar names and gave one of them a damaging score.
· Released a report detailing the state of the student-loan market, and highlighting the risks in private loans.
Can anything stop our consumer crusader now?
Cordray's recess appointment stands until the end of 2013, so the agency is good for the moment. But the presidential election hangs on the horizon, and Mitt Romney is no fan of Elizabeth Warren's baby. In May, Romney's economic advisor, Glenn Hubbard, told the
Wall Street Journal that a Republican presidency would result in a dismantled CFPB, with responsibilities redistributed to preexisting regulators and the CFPB's power to regulate being neutered. You may also like You need to be logged in to comment. (If there's one thing we know about comment trolls, it's that they're lazy) | 9,781 | 4,698 | 0.000216 |
warc | 201704 | Assessment | Biopsychology | Comparative |Cognitive | Developmental | Language | Individual differences |Personality | Philosophy | Social |
Methods | Statistics | Clinical | Educational | Industrial | Professional items | World psychology | CRAFFT Screening Test is a alcohol use assessment measure. It is a short, self-administered behavioural health screening tool developed to screen adolescents for high risk alcohol and other drug use disorders simultaneously. It is considered an effective screening tool intended to assess whether further assessment is warranted. [1] [2] [3] The CRAFFT performs a similar function to the CAGE questionnaire, which is used for screening alcohol disorders in adults, but which has poor psychometric properties for teens and adolescents. [3]
The published questionnaire is currently available in three languages: English, Spanish and Portuguese.
[4] The questionnaire comprises two parts. [5] Part A asks whether during the past 12 months the respondent: Drank any alcohol (more than a few sips) Smoked any marijuana or hashish Used anything else to get "high".
If the answer is "no" to all three questions, the respondent is directed to the first question only of part B. If the answer is "yes" to any of the above three questions, the respondent is directed to all six questions in part B.
Of the six questions in
Part B, two or more ‘‘yes’’ answers suggest a significant problem and need for additional assessment. The questions are CHave you ever ridden in a CARdriven by someone (including yourself) who was ‘‘high’’ or had been using alcohol or drugs? RDo you ever use alcohol or drugs to RELAX, feel better about yourself, or fit in? ADo you ever use alcohol or drugs while you are ALONE? FDo you ever FORGETthings you did while using alcohol or drugs? FDo your family or FRIENDSever tell you that you should cut down on your drinking or drug use? THave you ever gotten into TROUBLEwhile you were using alcohol or drugs? ReferencesEdit ↑ The CRAFFT Screening Tool, Children's Hospital Boston, Last updated 2009, http://www.ceasar-boston.org/CRAFFT/index.php, retrieved on 21 November 2010 ↑ Knight, John R; Sherritt, Lon; Harris, Sion Kim; Chang, Grace (June 2002), "Validity of the CRAFFT Substance Abuse Screening Test Among Adolescent Clinic Patients", Archives of Pediatrics & Adolescent Medicine 156: 607–614, http://archpedi.ama-assn.org/cgi/reprint/156/6/607.pdf, retrieved on 21 November 2010 ↑ 3.0 3.1Neinstein, Lawrence S, ed. (2008), "CRAFFT", Adolescent Health Care: A Practical Guide, Issue 414(5th ed.), Wolters Kluwer / Lippincott Williams & Wilkins, p. 950, ISBN 978-0-7817-9256-1, http://books.google.com/books?id=er8dQPxgcz0C&pg=PA950&dq=CRAFFT&hl=en&ei=A6XoTJbXOouPcdWq2O4K&sa=X&oi=book_result&ct=result&resnum=4&ved=0CDMQ6AEwAzgK#v=onepage&q=CRAFFT&f=false, retrieved on 21 November 2010 ↑ Self-Administered CRAFFT download page, English, Spanish and Portuguese versions, Last updated 2009, http://www.ceasar-boston.org/CRAFFT/selfCRAFFT.php, retrieved on 21 November 2010 ↑ The CRAFFT Screening Questions, English version self-administered questionnaire, Children's Hospital Boston, 2009, http://www.ceasar-boston.org/CRAFFT/pdf/CRAFFT_English.pdf, retrieved on 21 November 2010 | 3,333 | 1,667 | 0.000616 |
warc | 201704 | Assessment | Biopsychology | Comparative |Cognitive | Developmental | Language | Individual differences |Personality | Philosophy | Social |
Methods | Statistics | Clinical | Educational | Industrial | Professional items | World psychology | Responsibilities Regarding Confidentiality in Mediation.
One of the hallmarks of mediation is that the process is strictly confidential. The mediator must inform the parties that communications between them during the intake discussions and the mediation process are to be private and confidential. In general, the information discussed can never be used as evidence in the event that the matter does not settle at mediation and proceeds to a court hearing. Spencer and Altobelli (2005, p. 261) point out it is considered common for parties entering into mediation to sign a mediation agreement document with the mediator. The parties therefore agree that it’s a condition of being present or participating in the mediation and the document if necessary may be deemed confidential by virtue of the common law.
Confidentiality is central to mediation. It is imperative for parties to trust the process. Very few mediations will ever succeed unless the parties can communicate fully and openly without fear of compromising their case before the courts. Charlton and Dewdney (2004, p. 344.) highlight mediation confidentiality is seen as one of the key ingredients to encourage disputing parties to negotiate with each other in order to achieve a settlement of their dispute.
Organisations have often seen confidentiality as a reason to use mediation ahead of litigation, particularly when disputes arise in sensitive areas of their operation or to avoid their affairs being publicised among business competitors, acquaintances or friends. Steps put in place during mediation to help ensure this privacy include;
1. The mediation meeting is conducted behind closed doors.
2. Outsiders can only observe proceedings with both parties consent.
3. No recording of the transcript is kept; and
4. There is no external publicity on what transpired at the mediation.
There is no doubt confidentiality contributes to the success and integrity of the mediation process. But no matter what agreements or policies and how many times the mediator informs the parties the information discussed during mediation is confidential. Can a mediator ever really guarantee full confidentiality protections between parties will occur?
References
Charlton, R. & Dewdney, M. 2004. The Mediator’s Handbook. Skills and Strategies for Practitioners. (2nd edition) Ligare Pty Ltd, Riverwood NSW.
Spencer, D. & Altobelli, T. 2005. Dispute Resolution in Australia. Cases, Commentary and Materials. Ligare Pty Ltd, Riverwood NSW.
This page uses Creative Commons Licensed content from Wikipedia (view authors). | 2,841 | 1,410 | 0.000716 |
warc | 201704 | Assessment | Biopsychology | Comparative |Cognitive | Developmental | Language | Individual differences |Personality | Philosophy | Social |
Methods | Statistics | Clinical | Educational | Industrial | Professional items | World psychology | Transactive memory is the process whereby people remember things in relationships and groups. Each person does not need to remember everything the group needs to know, after all, if each person merely stores in memory information about who is likely to have a particular item in the future. This capacity for remembering who knows what is the key to transactive memory, as introduced by Wegner, Giuliano, and Hertel (1985) [1] and Wegner (1986) [2].
Transactive memory suggests an analysis not only of how couples and families in close relationships coordinate memory and tasks in the home, but how larger groups and organizations come to develop a "group mind," a memory system that is more complex and potentially more effective than that of any of the individuals that comprise it.
ReferencesEdit ↑ Wegner, D. M., Giuliano, T., & Hertel, P. (1985). Cognitive interdependence in close relationships. In W. J. Ickes (Ed.), Compatible and incompatible relationships (pp. 253-276). New York: Springer-Verlag. ↑ Wegner, D. M. (1986). Transactive memory: A contemporary analysis of the group mind. In B. Mullen & G. R. Goethals (Eds.), Theories of group behavior (pp. 185-208). New York: Springer-Verlag. Further readingEdit Wegner, D. M., Erber, R., & Raymond, P. (1991). Transactive memory in close relationships. Journal of Personality and Social Psychology, 61, 923-929. Wegner, D. M. (1995). A computer network model of human transactive memory. Social Cognition, 13, 1-21. Wegner's Transactive Memory Site Links to Wegner's transactive memory papers are available here. | 1,831 | 949 | 0.001064 |
warc | 201704 | Tom Morris/CC
Anyone who enjoys intellectual debate will pray that the counsels of caution do not prevail. The Government is being advised to drop its appeal against the Lord Chief Justice’s ruling on withdrawal from Article 50, and that may be the sensible course. An appeal would encourage unseemly populist agitation against the judiciary, which might help Ukip to revive. Moreover, the Government could well lose. Yet if there were no appeal, David Neuburger, Jonathan Sumption and other luminaries would lose an opportunity to give their opinion. That would be a loss, whatever their verdicts.
As for the insensate populists and the cruder tabloids, a Government which cannot face them down is not worthy of the name. Although the Court of Appeal judgment requires concentration, it is accessible to the layman and the point at issue is clear. As a result of the constitutional arguments of the Seventeenth Century – including those which occurred on the battlefield – it was established that the Royal Prerogative cannot be used either to make laws or dispense with them. That has remained true in the intervening centuries, while that Prerogative was exercised by the Crown in Parliament, with an increasing emphasis on Parliament. But it can be used to make or unmake treaties, to declare war and to send the armed forces into battle. Article 50 would have profound legislative consequences. So is it merely a treaty matter or is it tantamount to legislation? That is surely a matter on which highly intelligent persons can take differing views. A couple of weeks ago, my colleague Gerald Warner tried to impugn the Judges’ intellectual honesty. As readers will be aware, Gerald himself is a man of impeccable integrity, which reinforces his moral and intellectual rigour. On this occasion, Homer nodded: a rare – a unique – lapse. We are fortunate in our judiciary, as the new Lord Chancellor, Elizabeth Truss, belatedly recognised. The Lord Chancellor is the judiciary’s political shield. She did speak out, yet she should have been quicker. She has many qualities. But her job involves great responsibilities. She is new to it, and that showed. Let us hope that it too was a unique lapse.
Anyway, I want to find out what Lord Sumption’s mighty intellect makes of all this, not to mention his colleagues’ contributions. The glory of the British constitution is that it evolves. Even so, it may be time to consider and clarify the nature of the Royal Prerogative. So if this Appeal went ahead, it could lead to a very important judgment.
This all raises a further point. Life expectancy is increasing and the Psalmist’s gloom about life after three-score and ten has been refuted. Many people are working until a later age, in undiminished vigour. But there is an exception. Judges have to retire at Seventy. So my Lords Neuburger and Sumption are both coming to the end of their judicial careers, which seems ridiculous. It may be that Jonathan Sumption wishes to devote more time to his history of the Hundred Years War, and no doubt David Neuburger would be equally active. But if they would be happy to serve for longer, it is absurd that they should be prevented from doing so. Even though the Lord Chancellor is barely in her Forties, one hopes that she will see the need for a quick legislative change.
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warc | 201704 | Dr. Muscles will see you now.
But did you know that there's a guy in real life who is pretty much Kureha?
Alex Viada, of Complete Human Performance, is a monster in his own right. Just take a look at some of his accomplishments:
He touts a 700# deadlift and squat and an almost 500# bench press. His mile time is just over 4 minutes. And did I mention he runs ultra-marathons and does triathlons? He's working on a Master's in Physiology. Plus he's ripped as hell at 220#.
Did I say he was ripped? I said that, right?
The point he make with his training protocols is that it is possible to be very good at multiple things that seem to be on opposite ends of the spectrum by proper scheduling of your training sessions, eliminating non-essential training, conforming to SAID (Specific Adaptations to Imposed Demands), and for every training session to have a purpose.
(Source: http://www.jtsstrength.com/articles/2014/04/12/5-questions-alex-viada/)
That's an enormously difficult thing to do for many people who workout. It means staying committed to a goal that you have and only doing things that conform to that goal. I know that's been one of the biggest things to overcome for me.
Ask yourself, "Why am I doing this workout?"
Is this workout going to make you stronger, faster, improve stamina, skill, or make you big? Make sure that your training is not haphazard and that your workouts are serving a purpose.
The other takeaway here is that if you have something you want to do-- do it. If you want to run marathons and lift heavy weights, freaking do it. Want to box and do Crossfit? Go for it. The point is that if you train all the aspects properly so they don't interfere with one another, there's no reason you can't achieve your goals. It might take you longer and it might be hard as hell, but you can do it.
There are people who redefine what's physically possible all the time. They run faster or farther. They pick up more weight than anyone ever has before. They learn 5 martial arts and blend them together. People do 5k races on their hands! Figure out what you want to do and then do it.
Shinogi Kureha became the Ultimate Athlete. Alex Viada's not far behind him.
That's all for today guys! Until next time, good luck and train hard! | 2,271 | 1,238 | 0.000814 |
warc | 201704 | February 18, 2004
In 2003, Nike Inc. failed (Kasky v. Nike) to convince the California Supreme Court that California’s Unfair Business Practices Act infringed upon First Amendment “rights” claimed by the company. Now Nike has joined with many more corporate interests in attempting to weaken the law, using its financial power to run a 2004 ballot initiative. Nike’s $50,000 investment actually is a small part of the package. Auto dealers have kicked in $4.6 million and dozens of other corporations have joined the effort, including major utilities, insurance companies, banks and software manufacturers.
The corporations have hired lawyers and signature gatherers and launched a website (www.stopshakedownlawsuits.com) to place on the November 2004 ballot an initiative they package as “protecting small businesses from frivolous lawsuits.” The website says “Thousands of small businesses — nail salons, auto repair shops, restaurants, and many others — have been hit by frivolous lawsuits filed by personal injury lawyers using a loophole.”
To be sure, there have been abuses of the law which need to be curtailed, but this initiative seems to bypass common-sense reform in favor of stripping away significant protections for California residents.
The ballot initiative itself does a good job of presenting the opposing arguments, which focus on frivolous lawsuits costing the public money and clogging the judicial system.
The proposed initiative would change the laws under California Business and Professions Code 17200 so that only government entities and those already harmed by a company can sue a corporation for practices illegal under the Unfair Competition Law. Currently, individuals, public interest organizations and others may sue. It would almost certainly eliminate lawsuits that are filed to prevent an injury or harm from happening and would stop almost every public interest or environmentally-based lawsuit. Paralelling Wal-Mart’s failed initiative in Inglewood, CA, the initiative would subsequently remove the entire issue from democratic control, prohibiting the legislature from further amending the law once changed.
Many of the corporate funders of the initiative have been held accountable for unfair business practices or currently are litigating cases brought under the law.
A reasonable solution to abuses under existing law would be to deter suits found to be frivolous with penalties. Eviscerating a law that has played a crucial role in protecting citizens from toxic drinking water, unsafe meat, fraudulent advertising, and other harms will create more damage than it relieves.
Update: The sponsors appear to have submitted enough signatures to qualify the initiative for the 2004 ballot. Governor Schwarzenegger has yet to take a position on the initiative. During his campaign, he reasoned that labor unions are “special interests,” and refused any campaign contributions from them, but accepted more than $750,000 from car dealerships. Related features: This July 6 cover story in the LA Timesprovides a good overview of the dispute. Why do we allow corporations to engage in ballot initiatives?
More on Corporate Accountability | 3,245 | 1,640 | 0.000624 |
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