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I doubt anyone is very happy with the tone of political discourse today. Certainly I am not, the press is likely not, the president is not and neither are most in Congress, possibly on both sides of the aisle. And principally, the folks who read and write columns such as these are particularly disgusted. Hiding behind icons, avatars and screen names, they are in no small way responsible for that; it is now very common to have profanity and ridicule as the norm in the Comments section of news articles. I assume that the people who write that way are happy to have an outlet for their upset and their venom, but it is not a "happy" I would be comfortable with. I have written a few times about my very liberal grand-niece, a Ph.D. candidate and Bernie Sanders supporter, and probably will be until she has to earn a living. She is the child of conservatives, at least one set of grandparents were conservatives, including the surviving grandmother, and her grand-uncle and aunt are certainly conservatives. We disagree with her on so many things. But we are not able to communicate that. The past few years, when the family was together, she would declare that she was not going to talk politics, although the rest of the clan certainly would. She did not want to have the conversation. I don't want to presuppose anything, or put words in her mouth, but it struck me that she did not feel capable of having a persuasive argument with people a generation or two her senior. As I wrote once, I believe this is exacerbated by the associations on social media that such youngsters have, that evolve to where only like-minded people talk to each other. My best girl closed her Facebook account recently, after posting a reasonably-presented counter to a relative's statement of assumed (leftist) fact, and being condemned for her opinion with venom far higher than imaginable, since her counter had been presented without anger at all. That refusal of my grand-niece to engage at all is likely the exception to the rule, I fear. More frequently, such encounters as with my best girl erupt into arguments that cannot be won once the anger rises to a certain point. And so it was with great interest that I received a lengthy email from Kevin, a classmate in college, fraternity brother, and also a roommate for a year. We had not especially kept up a great deal over the ensuing years, an occasional message but that was about it as we went through our respective careers. I had not seen him for 40 years when we got together at our college reunion and spent some time at some of the scheduled events and talking with the other few brothers of our class who had attended. Kevin's email brought up a piece I had written a few weeks ago, and was intended to ask if what I had written expressed a true feeling, or was rather a literary exaggeration-for-effect to make a point. More importantly, it was indeed lengthy, and included several questions intended to break down the content I had written and get to what I was actually saying. I think I can comfortably say that he felt differently from the way I did on that particular topic. That fact is relevant, since for the first time in I-don't-know-when, there was the case of people disagreeing on a specific topic, actually asking the other person, ever so politely, to explain the root of their feelings in regard to that topic. Now, I suspect that Kevin and I agree on other things, possibly many. If memory serves, we were of a fairly common mind back in college, so although there was real difference on this issue, there might still be fundamental agreement on other areas. Possibly, but I don't know. It doesn't matter. What does matter, and I hope you will apply this to your own daily dealings, is that differences on an issue were addressed by trying to understand the nature of the other's points. Obviously therapy, such as marriage counseling, tries to get married couples to try to understand each other's perspectives, to listen, to ask, to try to divine the source of the other's opinion before trying to argue them out of it, and certainly before belittling them because of their view. Let us imagine ... what kind of astronomically better world would we be living in, if it were populated far more by people who asked what lay behind your opinions, and far less by those quick to anger, quick to belittlement or, sadly, quick to avoid the discussion in the first place, lest they actually learn something from it. I am strongly for the world with more Kevins in it. And I will point out that since his initial inquiry, I did respond -- not quickly, though. Thoughtful questions deserve thoughtful answers, and it took some real thought to get into the fundamentals behind my own opinion (!). I didn't change my view, mind you, but I was able to clarify the connection between my experiences and my views, and communicate that. We have had a slow and careful discussion on another issue, since. And my first reaction is invariably how good and pleasant it is to talk about an issue without raising arms. Good. Pleasant. Nice thoughts to get a week going. #600: Where Have You Gone, CNN? Back in the '90s, I had to travel around to military headquarters in different locations in the world for my assignment. This was in 1992-93 or so. One thing that was a fairly common sight back then were the war rooms, or situation rooms, where the brass would meet to brief and be briefed. They were pretty high-tech for the time, with large TV screens around an otherwise normal conference room type of setting. Obviously it was a bit intimidating to be in such a space while a war was going on, or at least winding down, although I was never that close to any of it. Well, I was in Panama less than a year after their internal war, and there were still bullet holes in the outside walls. That wasn't fun and it defined "intimidating", although Panama City then was certainly safer than south Chicago now, or south Chicago in 1968 when I lived there. In each one of those situation rooms, one of the television screens would be running the Cable News Network, known then and now as CNN. Twenty-five years ago, CNN was the McNews of the traveler, in the same sense that USA Today was called "McPaper." The point was simple. For pretty much ever, news was delivered locally even when the content was national. If you watched an affiliate of a network in the evening, you got a half-hour or so of local news followed by the anchor of the local affiliate's network doing a half-hour or so of world and national news. But you watched Channel 6, or whatever, in your town, to get it. The print media were the same. The Herald, or the Times, or the Post, or the Press, or the Times-Picayune, or the Register, of whatever city or town, well, they carried world and national news but were delivered locally. They were associated with their locality and were loyal to their locality. The larger ones had bureaus in Washington and other places to represent them and deliver customized reporting, but they were the reporter or bureau chief of the Springfield Whatever, not of a press service. All that changed with CNN and with USA Today. These outlets had no locality to represent. They vaguely resembled AP or UPI, the news services, except instead of being news services that fed the working press, they were their own outlets. USA Today put kiosks in every airport for their paper, and stuffed one under hotel doors all over the place, a perk for guests, or at least guests with frequent-traveler status. And CNN, ahh, CNN. They, too, were all over, on the screens in airports, hotel rooms and all manner of "non-local" places. We of a certain age grew up in the '50s and '60s when "news" was available first thing in the morning, and 6-7pm at night. That was it. CNN brought to us the concept of news being updated all the time, a 24-hour news cycle wherever you were, and the same news in Idaho, Texas, New Jersey, Maine and Alabama. Some of that is the same 25 years later. It is still there, CNN is, still delivering "non-local" news. But so is Fox News Channel, and so is MSNBC, possibly (we're not sure if it actually is, as this column has not found anyone who actually watches it). CNN is owned by Time-Warner, and while we can't really say that has mattered, and I don't want to go all post hoc, ergo propter hoc on you, what we know is that their reporting is unabashedly to the left, or at least anti-Republican. I expect that what bothers me most about whither CNN has drifted -- and I don't have to remind you of stories they have recently filed that are factually incorrect but reliably anti-Trump -- is that they had a position they could have staked out. CNN built its reputation as a non-local news provider, practically the inventor of the 24-hour news cycle. It could have been an essentially neutral provider, as it was in the 1990s. It could have reported Barack Obama's warts and failures along with whatever good he might have done (I have forgotten if there was any, but I'm not pretending to be neutral). It could have critiqued the Democrats in Congress for their fruitless stalling of Cabinet appointees with the same vigor that it criticized Mitch McConnell for holding up any hearings on the Supreme Court nomination last year of ... of ... gaack, I've already forgotten his name. It could have been a reliably unbiased provider of 24 hours a day worth of news, a position that its origin allowed it to be. I know that news virtually everywhere else is reported with bias, in some cases with a lot of it. CNN had set a position for itself where it could have been a respected journalistic beacon. It is now something quite smaller than that. It has become advocacy journalism, unabashed Hillary supporters frustrated by their backing of the wrong side. They appear to be solely inclined to enhance the political position and power of establishment Democrats, and to minimize the political power and position of Republicans, currently by their corrupt bashing of President Trump. By doing so, they have sacrificed their standing as a respectable outlet, and their journalistic endeavors, which are at their highest when they are neutral and unbiased, are compromised everywhere. MSNBC is to the left, we get that. Viewers, if any remain, expect that and want that. Fox News is to the right, and we who do watch it expect that point of view as well. I didn't watch CNN that often, but I used to. I trusted that their purpose dictated that they would tell us what happened, no more, no less. I asked too much. CNN ran away from me. I have mentioned that I am a member of the Barbershop Harmony Society, although my quarter-century of world competition is now behind me, and although it is not the actual topic of this piece. Having competed for decades at the highest competitive level of the art form, I am as aware of anyone how amazing well-done barbershop is at its best, which I link to, and how awful it is at its worst, which I won't hurt you with. Of, course, I have often been asked to speak about the art form, and when I do I try to separate out the more complex musical attributes from the entire "other part", which is the story-telling nature of barbershop songs. Barbershop is both. It is the musical complexity of three male voices harmonizing to a melody in such a way as to produce a blend wherein you regularly hear more than four notes. It is also the capacity to bring an audience inside the story that the lead singer is telling in his rendition of the lyrics. Those stories are often unhappy ones, some of lost love, or lost family. They are popular, at least among the singers, because they allow the performer to plumb the deep emotions that he has felt for an analogous situation in his own life -- in fact, we advise and coach performers to find that analogy to make them better at delivering the emotional impact of the song. Accordingly, I have always made the point that barbershop singers value our emotional "lows" as well as our highs, because it is a form of exercise to experience the entire emotional spectrum and react viscerally to it. So although this piece is not at all about singing, I wanted you to know where I am coming from; that I think it is valuable to experience real breadth of emotion. What it is about is actually a television show airing on the TLC channel on cable. The show is called "Long Lost Family", and is hosted by Lisa Joyner and Chris Jacobs. Long Lost Family is an adoption show, an adaptation of a BBC production of the same name. Both hosts were, themselves, adopted. An episode typically consists of two stories, one handled by each host, in which an individual seeks a blood relative separated since birth (or extreme youth) by an adoption. It may be a child seeking biological parents, or parents seeking children given up at birth for adoption -- both scenarios are common. In each case, the subject has reached out to the show producers, having failed on their own to find the person or couple they seek to connect with, or being uninformed and incapable of doing the search themselves. Early in the show, the subject shares with Miss Joyner or Mr. Jacobs everything they know or have found in their own unsuccessful attempts. The assigned host then goes back to work to find the people sought. The tools for finding people, even with only a first name and a date of birth, are pretty sophisticated in the hands of someone determined enough. I may have mentioned, for example, that I am the secretary of my class of 1,000 at M.I.T. from 44 years ago. In 2013, I started trying to find the 75-odd classmates whom the college had lost touch with. Within 18 months I had found all of them, including one who didn't want to be found (I counted speaking with his sister as a form of success). So it can be done. But I digress, probably quite a bit. These stories are all deeply emotional, not the least of which reason being that the parties themselves are emotional about it. Imagine having to have given up a child for adoption when you were a teenager, loving the child for 40 years without any idea where he might have been all that time, or even if he wanted to see you. Then Lisa Joyner comes to see you and tells you, softly, "We found him. Yes, he wants to meet you." The reunion scenes are amazing and touching. I can't say if they have many failed reunions and select out the successful ones, or don't do stories on the ones where the found person doesn't want to meet, but it would be OK if they did. Even produced and edited to highlight the drama, you can see the amazing, happy, stressful wonder is real, and amazingly tear-inducing. The stories are striking even at their least. In several cases the person sought has been within a few miles of the seeker all that time. In one amazing case, a woman was seeking the mother who had given her up for adoption at birth over thirty years earlier. She discovered not only that they had worked at the same hospital in Rochester, NY, but they had worked together and knew each other! I can still remember when the host brought the picture of the mother over for the daughter to see, and she said with a shock "I know her!" How would you feel watching that, knowing that the story was not a movie plot, but absolutely real -- the whole thing is quite real, and the flaws of the characters are quite there on display, where in the movies they would be played by glamorous and attractive stars? How would you feel being the son in another case on the show, a young man living in Idaho, given up by a teenage Texas high school couple at birth? You are contacted by the show, and discover that the couple stayed together after you were given up, married and had several other children -- your full-blooded siblings! That reunion was a truly special moment, especially when the young man, now married, introduced his natural parents to their daughter-in-law -- and grandchild -- they never knew existed. The producers of this show, to their credit, have been doing "follow-up" episodes from previous years' stories, to show what has been happening since the initial reunion. I say "to their credit" because the stories don't always work out the way we wish they would have happened. Remembering that in most cases, the person sought was surprised to have been found, we have someone searching for years for a relationship with someone unaware of their being sought. That's not an ironclad recipe for success. I confess that this show regularly brings me, a 65-year-old mature adult, to tears. I also confess that it is why I watch it -- back to barbershop songs for a moment -- because the exercise of extremes in our emotions is a valuable practice, and seeing real, actual stories like these definitely taps emotions as extreme as it gets. I have already learned that such extremes are healthy to explore. So I value the situations -- whether a barbershop ballad or a TV show about adoptive family reunions -- where we can do that. I do urge you to watch the show in its various iterations. It is quite well done, and the situations are dealt with real sensitivity and without added drama -- the situations and stories are more than dramatic enough. I'm not a celebrity, so I can't be a celebrity endorser, but this one rings a lot of bells with me. President Trump has made a point of addressing the problem of cities whose mayors and city councils refuse to turn over illegal alien criminals to Federal authorities. Now, we know that even non-criminal illegal aliens are already criminals by virtue of being in the USA without authorization, but this isn't it. The president is not actively trying to deport those people anytime soon. He is, as those who give him the benefit of the doubt can see, a compassionate man, and is reluctant to come down hard on people such as those brought here illegally at a young age by their parents. Those people have nothing to do with this piece. He is far less compassionate for those who, on top of being here illegally, are doubly criminal by virtue of having committed serious crimes while here. Those people he intends to deport as soon as they can be found, given that they are not entitled to the due process granted to the US citizen by the Constitution. Come here illegally, commit a serious-enough crime, and you're out of the country. Apparently a number of cities don't follow that reasoning. Calling themselves "sanctuary cities" (pass on the Hunchback of Notre Dame references), they have declared that they will protect such criminals by refusing to notify the Department of Homeland Security or the Customs and Border Protection people to come get them for deportation. "You're safe here", they say to criminal aliens, which should make criminal US citizens wonder what's in it for them. "Not so fast", says President Trump. Not surprisingly, the Federal government sends billions of taxpayer dollars to local governments for any number of purposes. In the largest cities, the order of magnitude is in the mid-to-high hundreds of millions, each. US cities certainly get their share. So the president, who has campaigned in opposition to the notion of sanctuary cities and stressed their illegality, is planning to implement a policy cutting off funding for sanctuary cities. Already Miami, to note one city, has dropped its "sanctuary" policy rather than lose its funding. In the meantime, we have had plenty of reactions to the policy of cutting funding to such cities. And, needless to say, I have one as well. You see, here's the thing. The Federal government does not "have money", per se. It has the funds that it has taken through taxes to fund its budget. That budget, as we know, has for many years authorized spending of money that the government does not have. You and I can't do that, but the government can. The result is that while the government spends the taxpayers' money, it is, without our consent, borrowing money and spending it, leaving us, the taxpaying class, holding the credit card bill. So accordingly, it ought to be a heck of a lot more careful what it borrows money from places like China to spend on. Think about it, and you don't have to think hard. If San Francisco, which gave us fog, more fog, and Nancy Pelosi, but I repeat myself, takes money from the Federal government, it is actually taking from you and me, who don't live in California at all, to give to them. San Francisco, a sanctuary city, then uses my money to allow serial illegal alien criminals to commit crimes, be deported, commit more crimes, be deported again, ad nauseam, until one of them murders an innocent person like Kate Steinle. If San Francisco's elected officials choose to ignore Federal law, there are consequences that they should not be surprised at. If President Trump pulls Federal funding from San Francisco, or Chicago, he is also saying that he respects every penny the IRS seizes from hardworking Americans. He is saying that such cities have no "right" to that money, and accordingly are subject to punishment if they disobey the law. They certainly don't have the right to break Federal law and be rewarded by being given money from taxpayers in other parts of the country to fund lawbreaking public officials. Very little is given by the Constitution to the Federal government, as far as authorizing it to take on. All else, per the Tenth Amendment, is the responsibility of the states. Border security and immigration law are among those precious few duties reserved for Washington. If Washington is being thwarted in doing one of the few things it is supposed to do, there are indeed consequences. I can't wait for the citizens of one of those cities to react to losing Federally-funded city services by asking why they voted for the clowns in charge in the first place. I can't wait for the next city that calls "BS" on their perpetually failing leadership -- Chicago, Detroit, Philadelphia, San Francisco, New York, Baltimore (Washington, DC is hopeless) -- and starts electing conservatives to help clean up their cities. I'll bet you can't wait either. "No Trump (beat, beat) no K-K-K no [unintelligible] ..." Yep, that's what was being chanted, rhythmically, at some protest march a few days back in some city somewhere. It wasn't near me, so I wasn't exactly put out very much, but it did get my attention. Back when I was in college, we were in the peak of the Vietnam War, and I was in Cambridge, Massachusetts (I actually lived in Boston, but classes were in Cambridge; it didn't matter). Lots of protests, lots of riots. Occasional shooting of firearms outside the MIT range. Screaming at servicemen in uniforms. While there was a lot of screaming and protesting about different things, it was centered on the Vietnam War, at least much of the time. And while I was not an opponent of the Vietnam War, I will at least give the protestors of the day this: They were asking for something. They wanted the Vietnam War to be over. Oh, sure, there were lots of other things, but that was fairly central to the protests and rallies and what-all else they were doing. It was at least something. This became fairly obvious when you looked at the signs at the rallies, and really obvious when you hear the protestors' representatives talking. For example, on Monday night there was a protest leader interviewed by Fox News's Tucker Carlson on his eponymous TV program. I don't know the kid's name, but it didn't take long for Carlson to ask what he was protesting about. I mean, there's a lot of made-up angst around the nation since the election and thereafter, when the Clintonistas' fans panicked at not being able to fathom not winning (typically called "losing"). So the kid was asked "why the protest." He started in on platitudes for a short bit, and when asked by Carlson to get specific, he mentioned that he was gay, and that there were issues with the LGBT community and an executive order that they had heard might be considered. He then went back to the platitudes, meaning that he couldn't cite anything they actually wanted changed, you know, specifically. Carlson immediately stopped him, and took him back to the gay thing. What particular thing about President Trump, he asked the kid, was he afraid of regarding gay people. At that, the protest leader said two words about a possible executive order, without any detail, and went back to the platitudes ("This is a movement, blah blah blah ..."). If you have ever watched Tucker Carlson, you can't sneak that kind of thing past him. Back he brought the conversation to this mythical executive order planned ... "What executive order?", he asked, "What is it supposed to do?" In reply, nothing but platitudes -- he was being pressured by Carlson on being gay, he insisted, when there were so many important issues. "But you brought it up!", Carlson replied. "Tell me what you are afraid of!" Finally the allocated time had expired without a single tangible thing having been aired as a reason to go for a walk, let alone to have a "Not my president" rally. Let us step back and think for a moment. Conservatism, when actually implemented, works. It rewards effort, talent, motivation and intelligence. Our concomitant compassion motivates us to take care of the helpless at the same time. Socialism, on the other hand, has never worked, certainly without a dictatorship to force people to accept it for a period of time. Venezuela, Cuba, Russia, Red China, North Korea, Vietnam -- it doesn't work. So the callow and idealistic youth, with their signs, are too young to look broadly enough and recognize that it is abject failure for the government to own or run everything. Now, absent a model of success for them to want to emulate and declare that they want to emulate it, their protests -- and youth always protests -- inherently lack anything to be for. Lacking that, the passion flies out the window along with the content. This is why you can see that the organized protests are indeed organized, recruited in newspaper and online ads we have now seen, and are led by paid mercenary protesters. There is no substance, because these are people without a mission. Opposition is fruitless without a tangible goal. This was followed last night when the ever curious Mr. Carlson brought yet another protest leader on the show and gave her air time. Again, after a few minutes of copious Hitler references (remember that whoever mentions "Hitler" first loses the argument), Carlson found himself unable to get her to answer the same "What do you want?" question. Finally, after being unable to get her to shut up enough to ask her a question, he ended the segment with her ranting in the background. It's so ironic. People with no mission but a few more dollars in their jeans are shouting "No Trump, no KKK" as if the two were somehow remotely related. They may have missed, among the rather modest number of explicit issues requiring solutions which Trump spoke to in his campaign, that unlike his opponent, he had made a commitment to helping the inner cities, working to update their schools and provide private-sector job opportunities to help them recover. The protestors screaming "KKK" may have missed the fact that Trump's predecessor (and opponent, by the way), literally said and did nothing for black inner cities. The kid on the Tucker Carlson show was claiming to fear some kind of anti-gay "executive order." But it would come from the guy who stood in front of the nation in Cleveland and accepted his nomination for the presidency, declaring his intent to protect the LGBT community (while, if the kid was old enough, he doubtlessly voted for the previous president, the one who for years opposed gay marriage). There is nothing to protest, whether or not you're upset. President Trump said he would do X, Y and Z in regard to some pillar issues in the country. He is trying now, as he finally gets his Cabinet and senior executive-branch people, to start to do those things he said he would. The people voted for his solutions. It's a representative democracy we have, with a very sound Constitution. Under it, we have chosen a leader for the next four or eight years, same as always. If he implements something, actually implements it, and you want something different, well, our representative democracy is a free country -- have at it, as you ask for a different solution. But if you march through the streets, at least know what you want. An hopefully it isn't just your protestor's paycheck from George Soros. Although this piece strays far from the realm of politics, it does at least provide a touching reminder that the world of Federal contracting, the one that occupies my working hours, has its "competitive humor", at least when you look from the perspective of time and a little distance. The genesis of this piece was from a previous one about the amusing reaction during the S*per Bowl by Google voice-responsive devices around the country, to a commercial featuring those devices. A bit hard, it apparently is, to demonstrate a voice-response system in a TV commercial without having thousands of such devices within earshot all go off and respond. Well, I laughed. At any rate, I compared the issue to the 1999 "Y2K" situation that we all remember, and for which I had managed a group that worked to fix programming code that was subject to the "bug" of Y2K. A reader brought it up, and it all reminded me of the most memorable story of those years in the late '90s. I was working for Litton Industries at the time, Litton having acquired the fairly large firm called "PRC", an information technology contractor for whom I had been working a number of years at the time. Such acquisitions were as common then as they are now; Litton had in fact purchased PRC from Black and Decker in 1996, which had acquired it as a component of a company called Emhart in 1990, who in turn had bought PRC in the mid '80s. One of PRC's larger contracts was with the U.S. Patent and Trademark Office as an IT support contractor, covering a few hundred people. A big element of that was COBOL programming. Even then, COBOL was a "very old" programming language, meaning that the people who used it were pretty much, well, old. I programmed in COBOL for years, if that tells you anything. With the Y2K bug having started to be the subject of alerts in 1996, PRC decided the next year to form a group to "remediate" older programs, meaning to overhaul them to make all the date fields four-digit, and to test that they did what they were supposed to do thereafter. Much of that was COBOL code, meaning that there was a big need for COBOL programmers capable of doing the work, and that meant, politely, older software engineers. PRC's five-year contract with the Patent and Trademark Office was coming to an end in 1997. Although PRC was confident of winning the recompetition of the work, having done a really good job and gotten high review scores, government contracts are almost invariably price sensitive, and a solid-performing contractor can lose to one who slashes their prices, even if the latter is at risk of not being even able to hire people at the salaries they bid. Now that brings up a peculiar aspect of contracting. When you have a hundred people working full-time on a project, they have almost all of what is called "institutional knowledge." In other words, after five years of managing, developing and fixing code, those 100 people know everything about the code and no one else knows anything. So if a different company is competing for that work, they would normally expect, if they win, to try to hire all, or most, of the people working for the current employer, the "incumbent." That's often difficult, since the challenger has to get their price down below the incumbent while still planning to hire the same employees already there. To do that with the already-thin profit margins in such work, you have to plan to pay the people less, or give them poorer benefits. Essentially, you "hope" to keep them and learn everything you can from them before they quit for a higher-paying job. I believe the past eight years showed how good "hope" is as a strategy. Obviously the employees, even old COBOL programmers, are not stupid. They know what's going on, but there has to be an alternative for them. Typically there isn't, so they just stay on the project for the new contractor, at lower pay or weaker benefits or both. That was the tack taken by CSC, yet another three-letter contractor. In their bid, they cut the price of the proposed workforce, while declaring that they would hire the incumbent team. USPTO assumedly never asked how CSC could be so sure that they could retain much of the work force while paying them less, looked at their proposed price and awarded them the contract in 1997. But a funny thing happened on the way to that award, though. Y2K happened. Now from the perspective of the programming staff PRC had on the USPTO contract, well, they were not excited about changing companies, and even less excited on learning what would happen to their salaries and benefits. And at just about the same time that award was being worked out, PRC's brand-new Y2K organization was looking for a mess of COBOL programmers for a new task with some of its other customers, to fix old COBOL code. That meant that, at just the time CSC was looking and ready to hire all those PRC programmers about to come off the USPTO task as it expired, PRC had alternative work for them, allowing them to stay with their company, and keep their salaries and benefits. Needless to say, a large percentage of them decided to stay and not go over to CSC. I would have felt sorry for CSC had they not been PRC's competition, and had they not won away an important PRC contract by bidding a price so low that they were going to have a tough time living up to it. Plus, I was running the services part of the Y2K group at PRC, and I needed those programmers just as much. So each one we kept was good for me -- and we kept about 50 of them. Our competitor was not so lucky; they quickly found themselves obligated to deliver on a contract for which they had fewer than half the staff members they expected to have, and all that institutional knowledge they expected to get from them, well, they didn't get it. USPTO was not particularly happy, although they might have wanted to have looked in a mirror and evaluated how they determined contract awards and to what extent price should have been a factor. My Y2K team did excellent work, and for a couple years, until just after January 1, 2000, most all of them were busy and productive. I accepted a good offer and left PRC a month or so before that, and the rest is history. CSC had a rough time at USPTO and lost the recompetition in 2003. In fact, if memory serves, USPTO had to execute a sole-source contract to PRC just to get some of that institutional memory available to them. For the record, the above is certainly not a slight against CSC, as much as a historical reckoning; they did nothing out of the ordinary for the time (or since). If anything, the blame falls squarely on the contracts people at PTO for accepting a bid so fraught with risk if the contractor failed to hire enough incumbent staff. A lesson in there somewhere? I don't know, except for the suggestion that Federal contracting officers look a bit harder at bids for services that charge a lot less than what the agency had been paying. Hopefully they will, but don't hold your breath. Just a nice, non-political tale for the day. Like what you read here? There's a new post from Bob at www.uberthoughtsUSA.com at 10am Eastern time, every weekday, giving new meaning to "prolific essayist." Advertising, sponsorship and interview inquiries cheerfully welcomed at bsutton@alum.mit.edu or on Twitter at @rmosutton. Let's start the week, if we may, with a question for the left. A surprising amount of flak has been received by President Trump from the left and from the overwhelming left-dominated media in regard to a campaign occurrence. This was back in November of 2015, early in the campaign, when Trump did a contemptuous reference to a reporter. Mocking the words of the reporter, he waved his arms around and parodied him. This was turned into a "mocking the disabled" narrative by the media since this, of course, was a reporter with a disability. It survived even to this day, and was part of Meryl Streep's acceptance speech at some recent theater-people-celebrating-other-theater-people awards ceremony. Of course, as it turned out, while mocking the reporter's words, Trump was simply using the very same arm-waving mocking gesture that he had used to mock all manner of non-handicapped people, including Donald Trump himself, Senator Ted Cruz, and an Army general in the same speech as he mocked the reporter. Evidently, Trump's capacity for mocking includes a rather limited repertoire of gestures. But that wasn't quite good enough for the left. That would be the ever-friendly comedy writer-turned-senator from Minnesota, good old Al Franken. Al Franken was the fellow who was as nasty as you please (or should we say "indignant" and thus by his definition, "unattractive") at the hearings for a couple of President Trump's Cabinet nominees. Those words about the "unattractiveness of people who live to be indignant", of course, were in a 1996 book written by none other than Al Franken himself. Wow, who would have thought that he would not have learned about how he looks when he lives to be indignant. But the important part is that the quote was from a book entitled "Rush Limbaugh is a Big Fat Idiot." I'm not kidding; that was the title of the book. I remember when it came out; Limbaugh was pretty much the same level of fame and wide audience that he is now, meaning that the indignant left thought they needed to try to minimize his credibility by ... well, in this case, body-shaming. I don't think the term "body-shaming" was used in 1996. But since then, it has been as in vogue to bash people who make fun of the overweight, as it used to be to make fun of them in the first place. You can follow the scandals involving critiques of so-called "plus-size" models, and the associated criticism of the critics, as evidence that overweightness (?) is the next protected class among us. As an example, I've been curious about the oddly high level of attention (in the form of articles in the media) about the very obese actress Chrissy Metz, who plays one of a set of triplets in the very good TV show "This is Us." Her part is no bigger (sorry) than any of the rest of the ensemble cast, but they, as they say, get "no ink" by comparison -- for example, I know her name, and do not know the names of the other two triplets off the top of my head. She is, in fact, on the cover of People magazine, with a caption quoting her as saying "I'm Proud of Who I Am", whatever that means. I'm sure she is a very nice person, but she might be a bit upset to think that she and her story are being "used." My inference is that the media are making her prominent -- putting her forward, as it were -- as bait to attract body-shamers to make fun of her and add another protected class of victims. Those who comment negatively on her weight are positioned right up there with the likes of their image of Donald Trump, who was supposed to have made fun of "the handicapped." So where, then, was the indignation in the portrayal of Rush Limbaugh in the crudest terms, blatantly using the term "big, fat" right there in the title on the cover? I mean, I thought when the book came out it was a bit of an over-the-top choice of words, given that Limbaugh, at least at the time, was indeed notably overweight. I've been searching a bit, for the purposes of this column, for the first left-leaning type who criticized Franken when the book came out for the 1996 equivalent of "body-shaming." I haven't found a word yet, but I sure am trying. Readers need to know. But we know nothing will ever come up. Franken can be indignant in Senate hearings (despite his professed and printed distaste for such posturing), without mainstream media quoting his words to him. He can body-shame someone, since the recipient of the shaming is a conservative radio commentator, and thus subject to such ridicule without hesitation. And the left will find new classes of victims and continue to seek redress of their grievances in as many ways possible, as long as it will somehow generate more voters sympathetic to their "plight." But Donald Trump will continue to run the country in the way he said he was going to, and do the things he promised in the campaign to do, and eventually the left will run out of victims. And Minnesota will wise up soon enough and send a non-hypocrite to the Senate. Oh, this one will be fun. As you know, Texas is associated with many, many things, not all of which are particularly big. But one of the biggest is football, as the home of "America's Team", the Dallas Cowboys, as well as the Houston Texans, which also were a playoff team this year and which city hosted the S*per Bowl just completed. As this article relates, the Senate of the State of Texas is currently processing a bill which would mandate that people use the bathroom of their gender at birth, or some definition of the like, essentially requiring that transgender folks go into public bathrooms suitable for their, er, equipment. NFL spokesman Brian McCarthy told the [AP] that if a “proposal that is discriminatory or inconsistent with our values were to become law there,” it would be a factor in awarding future events. Simply put: If the bill becomes law, that will be included in the discussion of whether Houston or Dallas gets a Super Bowl in the future. “The NFL is walking on thin ice right here,” Abbott told conservative radio host Glenn Beck [citing the Texas Tribune]. “The NFL needs to concentrate on playing football and get the heck out of politics.” We are assuming he said "heck", but not much. I was particularly bemused when looking at the NFL spokesman's words, specifically "... inconsistent with our values." "Our" values, he said. I am immensely curious as to whose values are defined as those of the NFL. Roger Goodell's values? The majority values of the league's franchise owners? The players? Brian McCarthy didn't say. I would be very interested in what the answer would be if someone -- and Greg Abbott might just do that -- were to ask the NFL exactly how it determined what the values of the league were, and if they are perhaps written down somewhere. I say that because even now, as the champion New England Patriots are planning their ceremonial trip to the White House, several of the players are exhibiting their "values" by saying they won't show up (though I cannot possibly see what it is they are complaining about, based on less that four weeks of the current administration). Others of the players, most of the team, will of course make the trip. What are their "values"? We know that Tom Brady is a Trump man, but Trump hasn't really even commented on the Texas bill and its North Carolina predecessor, and specifically made supportive LGBT statements in his acceptance speech. So we don't know his take on it and how it jibes with his values. We also know that many others who are going to the White House -- really, the rest of the league, champions or not -- are all over the gym as far as bathroom laws are concerned. These are rather large, testosterone-driven men, and anyone who has been in a locker room knows that transgender people are not exactly the source of sympathy when such players are talking about them. Here is the comparison. Hobby Lobby is a privately-owned company, that we know to be owned by people with certain Christian values, that oppose abortion, and just recently won a case to allow them not to have to provide a type of medical insurance policy for employees, one that pays for certain services they oppose on religious grounds. We know that when someone speaks to "Hobby Lobby's values", we know we are referring to the owners. I don't think that every employee necessarily subscribes to the same beliefs, of course, but the owners do, and theirs count. We know who they are and who speaks for them. No one "owns" the NFL, although we could say that the team owners in fact do. Were they polled as to their opinions before the league spokesman popped off, assuming the league had those values that he said it did? Did they poll the players? Coaches? Sideline marker holders? Cheerleaders? I hope you get where I'm going. I find it very questionable that an organization, a league with some alpha-male owners, an alpha-male commissioner and some serious alpha-male players and coaches, all agree enough on an issue that doesn't affect them at all, to where they have any right to have a spokesman give the impression of agreement. But I can speak for my own consulting company. Last week, I wrote what apparently was a prescient column about the fact that the "swamp" in DC included not only Congress and the Federal Government as a whole, but specifically the tens of thousands of Federal employees working there. Those employees overwhelmingly voted for Hillary Clinton (we know that because of DC's voting record), so that they innately dislike the man at the top for whom they work. That dislike gets particularly pernicious at the upper levels of agencies, where more of the staff live in the suburbs, and policy is directly implemented and there are decisions that are significant enough to affect you and me. I am well aware of how that all plays out. Several years back I was hired as the Senior VP of Operations for a government contracting firm. My three direct reports, who had each been there before I was hired, were clearly resentful of having a layer of management and oversight placed between them and the owners of the company. I was hired to make some change and bring a more industry-standard management process to the company's operations. That did not go over well with the three of them, who wanted to do things the way they always had, and particularly were not interested in participating in developing new business, which is one of the things I was brought in to help them do. So at every step of the way, I was stonewalled and ignored, when even one of them could have risen in the company by signing on to what the new owners wanted. Even now, as I think of my frustrating year there, I can see the parallels that match to this situation, except it's a lot bigger, and the person being subverted is the leader of the free world. I sympathize. All those swamp denizens who are doing as little as possible to help, and as much as possible to thwart President Trump, well, those are bad enough. When the thwarting is being done by our intelligence community mid-level leadership, it is pretty sad. So we have a situation where Lt. Gen. Mike Flynn, until recently the National Security Advisor to the president, was forced to resign after having had a conversation with the Russian ambassador prior to his appointment. It may or may not have involved the sanctions against Russia instituted by Barack Obama as punishment for their alleged attempt to interfere with our elections. Now, of course, we have Democrats gleefully biting at the still-alive Gen. Flynn's corpse, because it constitutes an opportunity to subvert President Trump (when they should be figuring out how to work together). They are calling for an "investigation into Gen. Flynn", a special prosecutor, whatever. And you know what? I say "Go ahead!". And if I'm the president, I say that I want a full investigation, that includes what Gen. Flynn may have said -- and how it came to be known to the public. You see, the process was that at some point after the conversation with the Russian ambassador, the nature of the call was leaked to the Washington Post by the people in the intelligence community who had been wiretapping the ambassador. So while we are investigating the whole matter, let's make sure that the actual criminal acts are investigated and prosecuted. That may include whatever Gen. Flynn said (he was a private citizen at the time), but also the fact that the disclosure of what was said by Gen. Flynn to the ambassador was utterly illegal! Because he was a private citizen at the time, his words were covered by Federal wiretapping law that forbids such disclosure without a court order prior to the wiretap, of which there was of course none. Yet someone -- and it appears multiple "someones" -- from the intelligence community leaked the information to the Post, who blithely published it with press impunity. That information was highly classified, since it involved sensitive communications and, you know, the fact that we were successfully wiretapping the Russian ambassador in the first place. So in that investigation, we are talking about the actual leaking of classified information inside the USA. However bad or illegal Gen. Flynn's actions were, which we don't know (and that's why there should be an investigation of it), we know that there was a criminal leak of classified information by people inside the CIA. We know that. A crime was committed. So yes, I believe that this should be investigated and, like any investigation, it should be taken where the evidence leads. And as soon as they track backwards from the Post to how the information got from the phone call to the newspaper and the public, the nature of the criminal act will need to point to the actual criminal actor. If they're in government, the need to be fired and prosecuted, and their co-conspirators also sacked. The above may seem like the sacrifice of a decorated general officer, but no punishment from the investigation will be beyond what any action on his part warrants. What is necessary are two things. First, those who took it upon themselves to attack the president by illegally releasing classified information are punished, and given the boot from the Agency. More important, the Federal Government and every senior employee needs to get on board the train, whether they like it or not. Their orders are coming from a very different place right now, and if they don't like the orders, they need to find another job. America did not elect them. You Want Sean Spicer's Job? If you happen to watch Saturday Night Live, which I don't, you may have seen Melissa McCarthy, the comic actress, portraying Sean Spicer, the president's press secretary. Now I like Melissa McCarthy in her various roles, so this has zero to do with her and everything to do with Mr. Spicer. By the way, there are two reasons I don't watch Saturday Night Live, not that you asked. OK, maybe three. First, it's on past my bedtime, although it could be DVRed if I were so inclined. Second, it is far too "New York" for me. I can't stand New York, which I regard as the epitome of the idea that you have to follow trends, however stupid they might be. The Emperor's New Clothes, made into a city, as it were. The "music" on the show shows that in spades. The third, of course, is that finding humor in SNL is an often frustrating experience. Melissa McCarthy may make an awfully funny satiric portrayal of Mr. Spicer, but wading through the rest of an hour, or however long it goes, is simply not worth it. I don't know if their writers are still as coked-up as they were thirty years ago when the humor was squeezed out of the show, but in the rare times I've recorded the show to see what it's like, well, two laughs don't warrant an hour's worth of DVR bytes. All of which brings us back to Sean Spicer. I don't know if he is a basically good guy or not, although we've no reason to doubt that he is. What he is, however, is one amazing person. I have never served in the Federal Government, let alone the White House. But I have had a very close friend who did; he was a Cabinet-level appointee (head of a non-Cabinet agency), so he reported to the president, in this case President Bush 43, and his office was right across the street from the White House. My best girl and I were invited to join him for lunch at the White House back then, and chatting with him over lunch, well, it became quite easy to identify with what it was like being in the very inner circle of the White House. There was a lot to it. The work is fairly unforgiving, and there is so much to know just to speak to your own agency, well, knowing the entire operation of the executive branch enough to face the press on a daily basis is just beyond reasonable. And yet, there is always a press secretary; there is a daily briefing; there are members of the press who have been looking for raw meat since January 20th (after eight years of rolling over and asking Obama's press secretary what his favorite color was). When the press is that aggressive, you need to know your facts, because you don't know what they're going to ask. And don't expect to get paid that much. The salary is $179,700, which sounds like a lot until you figure it by the hour. We'd very much like to know whether Spicer actually wanted that job in the first place. Let's suppose he did, or at least was honored to be offered it, enough to accept. The daily briefing is, of course, on television, and is in the background while I'm working each day. So I have to tell you, even if I'm not paying rapt attention to it at all times, I see and hear enough to be able to imagine trying to manage that. I'm not talking about the shouting herd of reporters screaming to be recognized. I'm talking about the fact that it is almost never acceptable to answer "I'll check with the President and get back to you." You had better be able to have an answer to 95% of the questions, or you are failing your job, which is essentially to answer everything so (A) the president doesn't have to, and (B) so the press doesn't make up their own answers, not that they would ever do that. To answer the questions, you have to know everything, especially the issues of the day. And you have to have practically instant recall. My wife will occasionally start a conversation with a sentence that could be about any of two dozen contexts. I over-complicate things to begin with, so I have to wait for a few sentences to figure out what the topic is. Then I have to figure out what the answer is, once I finally figure out what the question was. That is what I project onto Sean Spicer. Now, the press questions are usually fairly pointed -- reporters are good at asking specific questions there, because they have one shot at getting an answer -- so that part is less of an issue. But the press secretary doesn't have time (or the opportunity) to ask "What are you even talking about?". He has to answer, promptly, accurately and compellingly, and his job is to present the president's view in the face of an almost entirely antagonistic media who want to nail your president because they didn't vote for him. That, of course, means that you have to know the president's view on pretty much everything, as expressed since the last press conference. How, on earth, do you get that when the president is working 20-hour days and you, well, can't. You are, after all, human, and this president is a very different being from the rest of us. You do five of those press conferences a week, and then innumerable interviews all day, with all manner of media outlets, doing exactly the same thing you did in the press conferences. If you only screwed up 25 times during the week, you are reasonably successful. And then on Saturday night, you get to watch (if you can stay up past eight) Melissa McCarthy portraying you as a wild man, pushing your podium around like a battering ram and satirizing you, knowing full well that in America she has every right to do so and is actually pretty funny doing it. And you want that job, eh? I don't. I don't envy anyone who has it, I respect them greatly. I can't imagine anyone not burning out in two years, after burning through maybe ten years of life span in those two years. That's what I was thinking about yesterday as I heard Spicer deal with the whole odd General Flynn story. You want that job? How Long Does a Collaborative Tantrum Last? "How long does a tantrum last?" That was the question my best girl asked me here a few minutes ago, and it struck a chord with me. The "tantrum" she was referring to was by the comedy-writer-turned-curmudgeonly-senator representing the state of Minnesota, the friendly Al Franken. Franken had gone off on President Trump in a CNN interview, calling him a liar and impugning his capacity to lead the nation, saying we shouldn't have a president like that, wah, wah, wah. Then he pointed out that some people (presumably Democrat senators) thought he was mentally ill. Now let's get this out of the way right off the top. You lost! Get over it! Ahhhhh. That feels better. So what the missus was talking about, of course, is the continued vitriolic unwillingness of the left, as borne out by the actions of Democrats in the House and Senate, to move forward and try to be a part of what the country said and did this past election day. Think about it for a moment. Donald Trump won the presidency, though not in the "landslide" he occasionally refers to. We know that only a finite number of states (fewer than 50) were part of the campaign (several, like California and New York on the left, and Texas on the right, were conceded to the other candidate and were almost absent from the campaign entirely). Trump overwhelmingly won the count of contested states; his "landslides" can only be regarded as having won all the contested states, save Virginia and perhaps one or two others. That doesn't mean that those who did not vote for him are irrelevant. Their elected representatives should be expected to carry the views of all of their voters, of course, but certainly Democrats in those districts and states are the primary voices of that side of things. I surely cannot speak for Democrats, their proposals do not work; they have no fiscal sense in the sense that they do not recognize the need for the Government to balance its budget; worst of all, they do not understand that "The Government should pay ..." means "The taxpayer should pay ..." And don't get me started on identity politics, or their unwillingness to admit their failures. But they voted, and their elected representatives should indeed represent them. So I think it is not just that words like Franken's and Elizabeth Warren's and Chuck Schumer's are far over the top. It is that they are not trying to work with the new president on his solutions. I think it was unfortunate that the Obama people refused to allow the Republican minority in 2009-10 to participate in designing bills like Obamacare. I have not heard at all, and I think I would know, that the Trump Administration had come across as not being open to soberly-delivered input from Democrats. There simply is no such input. What has come from the Democrats has been vitriol, over-the-top language and condemnation. They have delayed and delayed and delayed in allowing Trump's appointees to Cabinet positions to be given a vote -- solely to delay, not for any productive investigatory reason. There has been, with pretty much the sole exception of Sen. Joe Manchin (D-WV), no effort to be part of the solutions. They're going to get left behind. Donald Trump is a builder and a CEO. He has high-level goals and solutions and he is not waiting around to get started. He is pushing Congress to get going (and it should be noted that Speaker Paul Ryan, who had definitely not been a Trumpist, has seemed positively giddy about the opportunity to step past gridlock and actually work on legislative solutions, knowing his president would sign them). The Democrats should be trying to be part of that. But no, they are protesting until it gets old, they are resorting to calling names and rioting in the streets, all when Chuck Schumer could pick up the phone, call the president and say that he is ready to be a part of the solution and the next two years. Wouldn't that be easier? Trump and Schumer go back a long way. If Schumer were to stop the rhetoric and get his caucus in line, and tell them that they could get more done for the country if they equated "loyal opposition" with "participation", Trump would happily allow their input. But no; that would entail "leadership", and a party that has leaders like Schumer, Warren, Bernie Sanders (whose words against Trump have been equally vitriolic and contemptible) and Nancy "You'll have to pass it ..." Pelosi, who has long since ceased to know what she is talking about, is not a party that wants to work together. The collective tantrum is easier than actually reaching out to help. And you know what? The voting public, the ones who came forward in November 2016, they see it. They already made their statement once about the kind of politics are playing now. They -- we -- can do it again. Sometimes I go back to read things I wrote in a few of the past nearly-600 pieces on this site. It is amazingly instructive; since I force myself, out of a sense of discipline, to write a piece every day, the library of essays becomes a reflection of the -- what, "mini-zeitgeist"? -- the thinking on that day about the issue of the day, at least when the piece was political. In this case, I went back to something I wrote last September, right before the first presidential debate between Donald Trump and Hillary Clinton. I was trying to define what would constitute candidate Trump as having "done well", since as a complete novice in campaigning barely a year before, it was hard to decide what would qualify as a good debate performance. He had done a fair number of them in the primary campaign, but this was going to be the first one-on-one, where everything was to be about Trump vs. Clinton. My thesis was that Trump needed to look calm, presidential and under control. He needed to make it clear that he would surround himself with advisors and a Cabinet full of recognized experts, people who might not come from politics but from the "real world". that he would listen to them, accept their guidance and make his decisions -- much like Ronald Reagan did. Now that the election is over, Donald Trump is now President Trump (still getting used to that) and some, although not enough, of the Cabinet is now in place, I can look back at the piece -- and the debates -- and realize how wrong I was. I would apologize, but it isn't that I'm sorry. I wrote what I thought at the time, which is what I truly thought Trump would have to do in order to capitalize on the debates. Wrong? Oh, you know it. Certainly, as far as Trump was concerned. I was dead right about Hillary, whom I said would be rehearsed, full of planned zinger lines and completely plastic. And she was all of that and less. I thought that success for Trump in the debates would be dependent on composure, that he needed for the voting public to see the man in such a way, to look like a president. However, he was anything but; he was combative, not substantively different from his performance in the primaries, and I think it would be pretty hard to say that he did a good job. Maybe I was more wrong about what would have constituted a successful performance for him. After all, he won the election but, truth to tell, he did not have a single debate where you could look back and say he was compelling and clearly "won." Sure, his advisers and inner circle of spokesmen said he did, but I didn't believe them. More interesting, it was instructive to look at Hillary Clinton and her performance. Against a backdrop of her usual over-scripted set of talking points, I noticed an expression on her face that I can recall to this day. I can only describe it as her feeling mid-debate that she had already won, that the voting public couldn't possibly miss the fact that Trump was such a terrible debater and they'd all vote for her now. He would repeat one of his typical slogans or statements lacking obvious insight. "Yes", she thought, a smile on her face, "I only have to answer the questions and show my command of the issues and that I know exactly where Yemen is. I can't possibly lose to this guy. And I will win." You saw it, too. I was thinking "How is this performance going to win for Trump? He isn't going to attract anyone who wasn't already going to vote for him. Maybe his supporters, the ones stuffing 20,000 people into 18,000-seat arenas twice a day, maybe that performance was what they would see as authentic and the kind of non-politician they wanted after, well, the swamp had governed the past eight years." I really was thinking something like that. Apparently I wasn't convinced, since I sat there on Election Night expecting the worst. I had set a standard for his success during the debates, and he had not complied with my standard. Then the states started falling, one by one ... Ohio, then Florida and North Carolina ... then Wisconsin came out of the blue (literally!), and suddenly there was no route left for Hillary to win. I thought back the next morning, after the concession speeches and all, about the debates and how I thought that Trump could not possibly win with that performance. Like everyone else, I was so far wrong it was just silly. In four years he will have to do the whole debate cycle all over again, and I'm thinking that I will not have learned a blessed thing. Elizabeth Warren, the senator from the People's Republic of Massachusetts (where I spent eight years of my life, including college), is certainly trying to make a name for herself, eh? This week, she had to be sent into the dunce corner of the Senate for having violated Senate rules. In this case, she tried to read into the record the content of a letter of some thirty years ago, from the late Coretta Scott King, the widow of Martin Luther King, Jr.. The letter purported to have called the now Attorney General, Jeff Sessions, a bunch of things, but mainly tried to portray him as a racist, the "go-to argument" for Democrats who can't argue on merit. Let us point out something. First, the letter came from Coretta Scott King, not Martin. Last I looked, her celebrity was based on whom she married, which makes her 30-year-old letter worth as much as my 30-year-old letters. And truth to tell, Alveda King, Martin's niece, condemned Sen. Warren for "playing the race card." So we're pretty much even, at least on what people named "King" think. Jeff Sessions, as you know, was until yesterday the senator from Alabama, where he served some time back as its Attorney General before being elected to the Senate, where he served his state for several few terms. To the extent that we saw at Sessions' hearing before the Senate Judiciary Committee, the charge of racism rang pretty hollow. The testimony before the committee, the words of black attorneys and clerks who worked with Sessions as Alabama attorney general were pretty compelling, as each one described him in glowing terms. In every case, the depositions of people who had actually worked with him on a daily basis described a man who painstakingly sought to develop the careers of those who worked with him. Considering that these people actually worked with him, and had been helped by him, and of course the fact that they were indeed black, not only black but happy to testify for Sessions, well, the Democrats had a pretty weak argument. In fact, if you watched the committee hearings, the testimony alternated between Republican senators yielding their time to guests who had worked with Sessions in Alabama and spoke glowingly about him, and Democrats calling him a racist. Given that all the guests were black, those accusations of racism looked beyond petty. But even after that, old Elizabeth Warren wouldn't stop calling Sessions a racist. Truth to tell, she looked pretty pathetic doing it. The same Democrats who defended their pet Klansman, Robert Byrd (D-WV) as being "able to change", well, even with plenty of evidence, they were unwilling to afford the same consideration to a man they had been working with in the Senate for years. It is that kind of thing that makes me happy that Elizabeth Warren is so prominently touted as a candidate for president in 2020, here while Donald Trump has served about 0.00001% of his (first) term. As I write this, she is on the news again, with her whatever it is that gets into a high dudgeon, in a high dudgeon. I tend to think of Elizabeth Warren as representing the kind of politics and policies that are why Donald Trump was elected in the first place. Rather than trying to work with the new administration to get things done in a collaborative, collegial way, she is among those forcing the confirmation debates of every Cabinet appointee to go the whole allowed 30 hours, as if by putting off the inevitable, she is somehow doing something good. Rather, she and her cohorts and assorted Schumers are simply spitting in the wind. More than that, they are blowing a phenomenal opportunity. The one time that the Republicans have the White House and both houses of Congress, the president happens to be not an ideologue, but rather someone with whom Democrats could actually work -- if they chose to. Three and a half years hence, if she is actually the candidate to oppose President Trump's reelection, he will be able to state, in his own truly inimitable way, that she blew an opportunity to be part of the change that the nation asked for in the 2016 election. By helping make them the Party of No, she led the Democrats into irrelevance. And by the way, she will be 71 then. It needs to be said; not so much because she'd be "too old" although she'd be the oldest person ever elected (President Trump was 70), but because she would have at least 40 years removal from the heartbeat of the left. You may recall that in 2009, the Republicans declared themselves opposed to Barack Obama's platform. But they at least voted-in his Cabinet, and the fact was that their efforts to be a collegial part of the legislative process were blocked, by Obama and Harry Reid and Nancy "You'll have to pass it to see what's in it" Pelosi. What this is all doing now is portraying the Democrats as absent of ideas, and only able to be political beings -- precisely the "swamp" that the nation voted in Donald Trump to drain. So as unlikable and personally annoying as Elizabeth Warren appears to be, well, bring her on. At this moment, I can't imagine anyone I'd rather see running against Trump 2020. Those of you who are regular readers of this column know that my wife and I were the subject of an audit by the Internal Revenue Service in regard to a business, one we owned for several years but closed in 2013. Our bizarre tale with the IRS was summarized here, but I'll give you the upshot before getting into this column. An IRS auditor sent us a bill for over $29,000 in back taxes two years after the business closed, claiming that we had failed to report revenue of the business for tax year 2013. One year later, about $10,000 in accountant's fees out-of-pocket, and after lots of free lessons to the auditor about how to read tax law, the entire audit was dropped without our owing one cent. For tax nerds, the bottom line was that the revenue they thought we hadn't reported for 2013 had actually been reported for tax year 2012, because of the way our business consistently reported revenue. Once the auditor's supervisor recognized that (A) the auditor had no idea of the proper application of the law, and (B) we had indeed legally reported all the revenue we were supposed to, and that it was actually in a way that paid IRS sooner, he shut it down and dropped their claim. Of course, it is a sad statement on the way the IRS does business -- well, the first of two such statements I'll give you -- is that their "final" letter to us does not state explicitly that their previous claim had been dropped; it does not state that we owe no further taxes; it does not even mention the fact that all $29,000 was no longer due. The fact that their letter was free of content is plot material. The second sad statement will not astonish you, I'm sure. We were residents of the Commonwealth of Virginia at the time of the audit, and for two years thereafter. Virginia also has an income tax. So the IRS, in their infinite wisdom, sent a notice to Virginia at the same time they sent the original $29,000 bill, telling them that ooh, ooh, the Suttons owe you state income taxes, too! Now, IRS audits are routinely challenged, and routinely the original figure owed is reduced or, as in our case, eliminated. So you would think that IRS would wait until a final disposition of the audit before sending a notice to the state of the victim's residence. OK, no, you wouldn't think that; after all, it is the IRS. But sure enough, on Tuesday we got a note from our accountants that the Commonwealth of Virginia, acting on an old audit statement sent them by IRS, was asking for a healthy check, including interest and penalties, for unpaid back state taxes. They quoted the $29,000 figure sent them by the IRS in their letter, meaning that even though the final disposition of the audit, with us owing nothing, was over a year ago, no one from IRS had sent an update to Virginia to tell them that! I do not yet know how Virginia will act. I called the Virginia tax department first thing yesterday to tell them what had happened, wanting to explain that I had in my hot little hand the final letter from IRS, which said exactly nothing and therefore could not be used in defense of our contention that we didn't owe anything. And by the way, our CPA who defended us in the audit passed away in November. In coelo quies est. The nice lady from Virginia who sent me the original bill answered her phone the first time. I described the situation, and mentioned that the IRS letter was useless. She said, bless her, that she herself would call IRS and verify the disposition, and then write me back. So I'm hopeful that it will take one simple phone call to drop Virginia's claim. But in the meantime, I am sitting here wondering why, in the three years since the audit started, did IRS never once think to undo their damage by notifying Virginia that they had dropped their claim? Would it have been that hard? Tax reform ... a necessary step. I'll keep you posted. I know that California is the land of fruits and nuts, and where "creativity" takes on new meaning. A lot of very nice people must live there, given that a lot of people live there and some reasonable percentage of them are decent folks. Maybe even most of them. We'll stipulate that for today. But boy, do they have some strange habits when they go to the polls. I'm sure of that, because not only did they just elect a certified oddball to the U.S. Senate, they've reached new heights with their president pro tem of their State Senate, a person named Kevin De Leon. Because if he is to believed, obedience to the law is an optional exercise, perhaps depending on the way you feel when you wake up and have your grass smoothie. "I can tell you half of my family would be eligible for deportation under [President Trump’s] executive order, because if they got a false Social Security card, if they got a false identification, if they got a false driver’s license prior to us passing [the state law letting illegals have driver's licenses], if they got a false green card, and anyone who has family members, you know, who are undocumented knows that almost entirely everybody has secured some sort of false identification. That’s what you need to survive, to work. They are eligible for massive deportation." I don't know how a "someone" can be subject to a "mass deportation", but let that ride for the nonce. “The vast majority of immigrants — hard working immigrants — have done that. I can tell you I have family members specifically who came here as undocumented immigrants, and they did the same thing. That’s what you need to do to survive in this economy.” Challenged on that from the standpoint of it being often done through identity theft, De Leon declared that it was "not the same as Russian hacking." This is the temporary leader of the California State Senate. He declared in public that what "you need [to do] to survive in this economy" is to commit a felony, carrying a fraudulent Social Security card that often is done through identity theft, a second felony. So here's what I think. If immigrants, specifically illegal ones but not exclusively, have to commit felonies to "survive in this economy", then maybe the economy of the USA isn't the one they ought to be living in! I'm sure they weren't coming from a real happy economy in Central America or wherever they're coming from, but if they have to commit a felony to live here, on top of the laws they broke by being here illegally in the first place, then why are we burdening American citizens by allowing them here? As I write this, Sean Spicer, the president's press secretary, is using the term "people coming to do us harm" to describe those we are trying to keep from entering this country. I have to tell you, people who come here and commit identity theft are coming here to do us harm, or at least needing to do us harm in order to stay here. Where does it stop? Listen to what De Leon was getting at, and I'm giving him the benefit of the doubt by actually considering his words. He is trying to make the case, though, that possession of a fraudulent Social Security card is not grounds for an illegal alien to be deported. But being here illegally is already grounds for being deported. It is only exacerbating the situation by having them defraud the citizenry by using fake documentation, whether identity theft or just made up from whole cloth. Some strange views they have out there in California, I have to tell you. They have to, if they're electing House members like Maxine Waters, who literally cannot tell Crimea from Korea. Of course, they probably think that my view that "borders should be under the control of the Federal government" is strange, too. Maybe they should secede. Then they can open their borders like crazy until they go bankrupt. I am not sure you know what happened Sunday night at the S*per Bowl (I think you have to pay the NFL if you say that term out loud, or write it with all the letters). Sure, you know that the New England Patriots came back from being down 25 points in the second half -- and needing two 2-point conversions -- to roar back to tie the game with essentially no time left, and then score a touchdown on their first drive in overtime, to win the game and the NFL championship. If you're like everyone else, you also saw all the commercials. If you could wade through them, and some of them were really a waste of millions of dollars of stockholders' money, then you'll remember them. Well, most of them. So an aside ... remember the Y2K bug? I sure do, and that's because I worked on the Y2K bug for a couple-three years before it was supposed to strike like a predicted earthquake. The idea was that billions of lines of computer code, that was still operational in 1999, had been written with date fields of only two digits. That meant that when the clock turned to the last year of the 20th Century on January 1st, 2000, the code wouldn't know it from January 1st, 1900, and the results were not at all predictable. Lots of things happened those last couple years. I was the director of services for a group at Litton Industries, whose only mission was trying to fix our clients' Y2K bugs. Before long, that made me an expert on Y2K issues, and I flew around to a lot of places talking about it. A fellow named Peter de Jager, a computer consultant from Canada, made an inordinate amount of money flying to a lot of places doing the same thing; we actually spoke to some audiences together. He was independent, so he got paid -- I just got my normal modest salary from Litton. I was reasonably qualified to do those lectures, and not only because I had spent more time than most people speaking out about it. As a matter of fact, I had personally written over 250,000 lines of code that were still in use in 1998, all of which was written with two-digit date fields. I had tested some of it in 1998 and, sure enough, it had some pretty odd results when I told it the date was 1/1/2000. So there was at least something real about it, at least for some pottery manufacturers in eastern Ohio. But as you know, January 1st, 2000 came and went, and the whole Y2K bug also came and went, with hardly a peep. Computers kept running, planes kept flying. Whether or not all the reprogramming that got hastily done in the waning months of 1999 helped, we know that, 17 years later, Y2K is mostly forgotten as a bug. But not completely forgotten, which brings us to advertising on the Sup*r Bowl or S*per Bowl or whatever we're allowed to call it. Our good friends at Google decided they were going to pay their $5 million for a fractional slice of time to advertise their new product, which is one of those newfangled do-hickeys. Not any run-of-the-mill do-hickey, mind you, but one that does what you tell it to, like turn off the lights, or turn on the TV, or any number of imaginable things you can do to or with an electronic device. Just program some stuff into the device, and you can talk to it! How neat is that? Well, Google couldn't wait to do a big-game commercial featuring their devices in use. They were, after all, so simple that all you had to do was say "OK, Google, turn off the TV!" and bingo-bongo, your TV would shut off. "OK, Google, turn on the fan" and ta-da, your ceiling fan would turn on and you'd be cool which, given that it is early February, might not be an attractive attribute this moment. In order to demonstrate that a product is "voice-activated", you have to use an actual voice, right? So Google's ad people designed this nifty commercial showing people saying "OK, Google, do this", whereupon the device in the commercial would turn off something or answer you. The little problem was this -- Mr. Google, or whatever they call it, may be a "new" product, but it isn't brand new, there are people who already have it. And, son of a gun, a lot of those people happened to be in their homes hosting Super Bowl parties. Guess what happened next? You guessed it. The commercial came on and sure enough, Google's device worked like a charm. Now it could have been bad; the person in the commercial could have said "OK, Google, turn off the TV" and the TV would have gone off -- the TVs in people's homes, homes which happened to have the Google device already installed. As soon as the voice in the commercial told the Google device to shut off the TV, it would have worked like a charm all over the USA in the middle of the S*per Bowl. Fortunately, they didn't say "OK Google, turn off the TV", they asked Mr. Google something about some spice. Otherwise, TVs all over the USA, televisions that were connected to already-sold-and-installed Google devices, unable to distinguish between the commercial's voice and the voice of the person right there in the home with the 25 now-angry people wondering what the heck had happened to their TVs, would have been missing the game. Mr. Google would have blithely shut off their TV too. I'm sorry, I think the whole thing is just hysterical. Having spent almost three years of my life trying to prevent a disaster from ancient, 20-year-old software with Y2K bugs in it, I had to laugh when a Google device, one of the most modern of conveniences, almost barfed all over S*per Bowl parties from coast to coast. Yep, it was a fun night. My TV stayed on, after all.

2019-04-26T01:42:46Z

http://uberthoughtsusa.blogspot.com/2017/02/

"Her father Henry wanted Mary to swear an oath recognising him as Head of the Church in England and admitting that his marriage to Mary's mother, Katharine, had been invalid. What would you have advised her to do?" Melita Thomas is the co-founder and editor of Tudor Times, a repository of information about Tudors and Stewarts in the period 1485-1625. Melita has loved history since being mesmerised by the BBC productions of ‘The Six Wives of Henry VIII’ and ‘Elizabeth R’, when she was a little girl. After that, she read everything she could get her hands on about this most fascinating of dynasties. Captivated by the story of the Lady Mary galloping to Framlingham to set up her standard and fight for her rights, Melita began her first book about the queen when she was 9. The manuscript is probably still in the attic! Whilst still pursuing a career in business, Melita took a course on writing biography, which led her and her business partner, Deborah Roil, to the idea for Tudor Times, and gave her the inspiration to begin writing about Mary again. The King’s Pearl: Henry VIII and his daughter Mary is her first book. In her spare time, Melita enjoys long distance walking. She is attempting to walk around the whole coast of Britain, and you can follow her progress here. Welcome Melita! Your book is a great read. Mary and the influence of Isabella of Castile. It is a truism that women could not (or should not) rule in Europe during the middle-ages and Renaissance period, but the theory and the lived reality were two very different things. The second half of the fifteenth century, and the sixteenth century was an age of female rulers. Generally, female rule was not absolute – they were regents, governors, dowagers and queens-mother, whose effective dominance was hidden behind the cloak of acting on behalf of fathers, brothers or under-age sons – but one woman, Isabella, sovereign Queen of Castile, probably wielded more power and influence across Europe than any woman until the empresses of the eighteenth century. As a young woman of seventeen, Isabella was willing to wage war against her half-brother to have her claim to succeed him recognised, and on his death, when she was twenty-three, she raised troops and led an armed force to seize the throne, not waiting for her husband to take the initiative on her behalf. Isabella’s driving personality, and the mutually beneficial partnership that she and her husband, Ferdinand, King of Aragon, established, led to the emergence of Spain as one of the great powers of Europe, and the dominant force in the European colonisation of the New World. Isabella’s vision of herself was as a Crusader. Whilst crusading in the Holy Land was something that most European rulers talked about, but failed to do, Ferdinand and Isabella saw themselves on the front line – their duty was to reclaim Christian Spain from the remaining Moorish kingdoms, and to ensure purity of religion at home by rooting out heresy, and Judaism. Isabella had four daughters, two became queens-consort of Portugal, one succeeded her (much less successfully) as Queen of Castile, and the youngest, Katharine, became queen-consort of England. Katharine left her homeland at the age of fifteen, but records of her childhood, and her surviving correspondence, suggest that she was emotionally close to her mother. Isabella, in an early example of a woman holding down a high-powered and demanding job, whilst maintaining her maternal role, took her children with her everywhere, even close to the front-line of battle, and was closely concerned in their education. It is no stretch of imagination to suppose that her youngest daughter imbibed from her mother the knowledge that a woman could be a powerful and effective monarch, even if she were married, and that her supreme duty was to God. This belief in a woman’s duty to be a crusader, to protect her faith, and to fight for her rights were amply illustrated by Katharine’s refusal to accept her husband, Henry VIII’s plan to set her aside, because they had only one daughter, and no male heir. That Katharine was seen as a fearsome opponent is illustrated by Henry’s concern that Katharine would raise an army against him and ‘wage war as fiercely as ever her mother had done’, and by her nephew, the Emperor Charles V, telling the English ambassador, only partly in jest, that his sole fear was that ‘(Katharine) would ally with French and defeat him’. This was the heritage of Katharine’s daughter, Mary. It was not the custom in the sixteenth century for royal children to live with their parents full time – Isabella had been exceptional in that regard - so Mary was housed separately, but she visited her parents for weeks and even months at a time and all the available evidence indicates that both of Mary’s parents were devoted to her. Naturally, of course, she would have been included in the daily activities of her mother, rather than her father and, whilst there is no evidence about what Katharine told Mary about her grandmother, it is not unreasonable to believe Mary heard the story of Isabella’s victories and the final surrender of the Kingdom of Granada to her, an event Katharine herself had witnessed in 1492. In 1525, Henry, despairing of a male heir, began to consider the possibility that Mary might succeed him. He sent her to the Marches of Wales to preside over the Council. Although not formally created Princess of Wales, she was called by the title, and very quickly accustomed herself to being treated as such, with the implication that the position held of being the king’s heir. The single extant letter from Katharine to Mary dating from this period, refers only to their mutual health, and the queen’s hopes that Mary will improve her Latin, and occasionally send copies of her Latin exercises for the queen to see. It says nothing about Mary’s role, or what the future might hold for her, but surely Katharine had told her about Isabella’s success, not just on the battle-field, but also in reinforcing crown authority, increasing trade and improving access to justice - thus creating a role-model for Mary. Eight years later, in 1533, Mary was informed that she was no longer to be termed Princess of Wales, nor to consider herself Henry’s heir. She was seventeen, the very age at which Isabella had insisted on her right to the Castilian throne, in preference to her half-brother’s daughter, whom most people thought was not his own child. The similarity of cases – the ‘true-born’ heir as Mary saw herself, versus the illegitimate (again in Mary’s view) Elizabeth, corresponds with that of Isabella and her supposed niece, Juana ‘La Beltraneja’, and it is impossible that Mary was unaware of the parallel. Isabella was not physically within the control of her half-brother, enabling her to take up arms to drive out La Beltraneja on her half-brother’s death, whilst Mary was isolated and powerless, stripped of even her household servants, but she continued to vehemently defend her position. Like Isabella, Mary had many supporters, and had Henry died without a legitimate son, Mary would undoubtedly have fought for the throne against any attempt to proclaim Elizabeth. As it was, Henry lived until 1547, and was succeeded by Mary’s half-brother. But on his death, in 1553, when an attempt was made to ignore her claim to the throne, Mary showed herself the true descendant of a warrior queen. Without hesitation, she called on her supporters and raised an army, preparing to fight to for her rights and her religion – just as Isabella had done. Late in her own reign, when there was war with France, Mary even talked of taking the field herself - surely, her courage, determination and martial spirit must have owed something to the example of Isabella. Lacock is a small village in Wiltshire, which many people will recognise, even if they’ve not been there, as a favourite place for filming, especially by the BBC. The village, with its timber-framed houses, has proved an ideal backdrop for scenes in “Cranford”, “Pride and Prejudice”, “Wolf Hall” and “Downton Abbey”, and for the film “Harry Potter and the Half-Blood Prince”. In 1232 Lacock Abbey was built, initially as a nunnery, but it subsequently became a comfortable family home, and the village grew up beside it. One of the Abbey’s most famous residents was William Henry Fox Talbot, who created the first ever photograph negative there in the nineteenth century and established Lacock as the birthplace of photography. The Fox Talbot Museum contains changing exhibitions of the history of photography. Because Lacock is so frequently used for filming of historical series, there are no double yellow lines in the village (though there are plenty of notices warning you not to park on the street!) and television aerials are kept to a minimum, even though nowadays they can be photoshopped out. The whole village belongs to the National Trust, so that it retains its special character. It is a wonderful place to visit, and I feel very lucky to live nearby. Just walking round the village gives the feeling of having stepped back in time. choerographed by Fokine, costume by Bakst, in Paris 1913. Continuing the story of the British diplomat Henry James Bruce and Russian prima ballerina Tamara Karsavina, who fell in love in St Petersburg in 1913. Eight months after they had witnessed the October Revolution in 1917, Lenin declared Britain an enemy of the Bolshevik government. Henry’s British Embassy colleagues fled from Moscow to Britain via the Crimea. But Henry went in the opposite direction, north to Petrograd, to rescue his lover and their 19 month old son, Nikita. Read Part One of their adventure here. Petrograd had been Tamara’s home all her life, but now she agreed with Henry that it was time they left. Although she had no political objections to the new order, communal life was stressful. The apartment in Millionaya Street, where she lived with Nikita and their cook, nanny and maid, was now shared with five families. Life was chaotic, with children playing in the shared passage, its ceiling criss-crossed with washing lines. Tamara’s cook Liza had been elected onto the house soviet committee but nobody knew who owned the house or to whom they should pay rent? Tamara had been with handsome, clever Henry for five years but now that Lenin had made peace with Germany, her dull husband, Vasilii Moukine, might return from fighting. He had agreed to divorce Tamara but the Bolsheviks had abolished both marriage and divorce. The chaos extended far beyond Millionaya Street. When Moscow became the capital in March 1918, Petrograd, formerly St Petersburg, was of little national or international importance and was now bankrupt. The canals, once busy with barges bringing food and fuel, were collapsing and choked with rubbish and sewage. Cholera and typhus had already killed several thousand people that winter. Although the population had halved, there was not nearly enough food. Most of the cab-horses had starved to death, and the electric trams no longer ran. Henry was compelled to walk to the former British Embassy where he found Captain Cromie, the Naval Attaché, the only British diplomat left. Cromie showed him coded telegrams which revealed that all routes south to the Crimea, east to Japan and west to Finland and the Baltic Sea were closed. Their only way out of Petrograd was north via Murmansk in the Arctic Circle, where British troops were stationed to reinforce the White Army. Grand Season of Russian Ballet at Theatre Royal Drury Lane, June 1912. However, they couldn’t tell where the front line of the civil war between the White and Red armies was located, only that it was getting closer every day. As a foreigner, Henry needed a permit from the Foreign Ministry in Moscow to travel; and even Tamara needed permission from the workers’ soviet that now controlled the Marinsky Ballet. Another problem was that Tamara’s face was even better known than the Czarina’s or Lenin’s. For 15 years she had appeared to two thousand people at each performance in the Marinsky Theatre and she had toured all over Russia and Western Europe with Diaghlev's Ballet Russe. Postcards were sold of her posing as Giselle and Salome; and with Nikita on her lap. His thick curly hair and his mother's large dark eyes were unmistakable. If a reward was posted for their capture, they might easily be denounced to the authorities in exchange for a meal or a few logs of firewood. as Zobeide on Sheherazade by John Sargent, 1913. After a tense week of enquiries, an unidentified woman telephoned the apartment. She had passes for a steam-ship departing the following morning. It would take them along the River Neva and through Lakes Ladoga and Onega north to Petrozavodsk, which was beyond the front line on the railway to Murmansk. Tamara packed two trunks, which was the most they risked taking without arousing suspicion. She found it a nightmare choosing what to include and after a desperate search failed to find the key to her bureau containing her personal letters and photos. They waited until three in the morning when it was dark enough not to be seen. Liza the cook and Katiousha her maid put aside their new revolutionary status and marked an ancient custom. They all sat in a circle in silence, then crossed themselves and quietly said goodbye. Tamara’s neighbour Prince Dolgorukov accompanied them to the pier on the Neva embankment. Henry spoke fluent Russian, French and German, and both he and Tamara had travelled all over Europe. But neither of them had travelled incognito, with a child, through enemy country before. Portrait of Tamara Karsavina by Henry J. Bruce, 1918. The steamship was crowded with families anxious to return to their homes around the inland lakes before they were cut off by civil war. There were also young men eager to join the fighting – wherever the front line was now. A young Count told them that he planned to join the White Army, though it already had a surplus of officers and not enough soldiers. The Red Army had the opposite problem – too many private soldiers, who decided military strategy by vote. After five days the boat arrived in Petrodovask on the west coast of Lake Onega, where they planned to catch the steam-train north. Henry and the Count disembarked cautiously. The road leading up from the empty harbour to the railway station was shrouded in drifts of willow seed, stained with blood. A French officer told them that the streets were overlooked by snipers and the trains were full of Red Army soldiers, whose few officers could not control them. He advised them to return to Petrograd, even though the situation there had deteriorated even further. Count Mirbach, the German ambassador, had been assassinated in Moscow and Lenin had laid the blame on Britain. As a result, Captain Cromie had been killed defending the former British Embassy in Petrograd. They decided to remain on the boat which was heading to the north of the lake. The young Count went to search for food but was shot by a sniper within sight of the steamer. He managed to crawl back to the boat, his plans to join the White Army in ruins. Five days later their boat arrived in Povenetz, a village at the far north end of Lake Onega. There they were told of a disused post-road leading north-east for about 200 miles to the White Sea, and they hired a horse and cart. Tamara was forced to reduce their luggage to a few pictures, some blankets and a teaspoon which had belonged to the dancer Taglioni. She gave away most of Nikita’s clothes, and asked the captain to return their trunks to Petrograd. From Povenetz, they travelled slowly through the forest, crossing marshes and rounding lakes. Mosquitoes rose in huge clouds and swarmed around their heads. For several days they saw only the occasional peasant, shrouded in muslin, working in an isolated clearing. At night, they shared the floor of rough window-less huts, lit by rushes. They drank weak tea, and ate hard sausage. The local people were friendly, but knew nothing of politics or the movements of the Red Army. Twenty years of dieting and dancing with bleeding feet, had taught Tamara to ignore both hunger and pain, while Henry had been toughened up by British boarding school. Nikita, a pampered city child, clung to his mother and screamed. After six days and nights in the forest, they arrived at a slightly more prosperous village on the edge of Lake Sumo. They had just let the horses go for the night when they learned that the village had a soviet committee. Without realising it, they had crossed the line into Red Army territory. Worse still, a consignment of vodka had just arrived. In an effort to improve productivity in both factories and farms, the Tsar had passed a law, which the Bolsheviks had upheld, against distilling vodka. But with the increasing anarchy, it had been impossible to enforce. After a short, fitful sleep in a hut, the leader of the soviet, Commissar Solkov woke them and announced that rather than let them continue round Lake Sumo by cart, his men, who were all drunk, would row them across. He obviously didn’t trust this well-dressed man with a strange accent, his beautiful wife with soft hands, and their child who wore shoes. If they did not agree, then he would lock them up in a barn. Henry remained outwardly calm, guessing that the commissar would almost certainly set the barn on fire. Postcards of Tamara Karsavina were on sale in Russia. Here she is with Louloushka, her King Charles Spaniel. Tamara pointed out that a storm was brewing, the lake was already rough and Nikita could not swim, whereupon he said, “It matters not if the little cur drowns.” At this Tamara was enraged and flew at him, screaming. She could cope with the new social order, but not with insults to her son. Henry thought it was all over. Despite their luck and fortitude so far, their escape seemed to be ending in disaster. Will they get away? Find out next month. I am trying to keep away from the computer at present to avoid this most obnoxious, recent invasion to Europe, "Black Friday". Instead, I have been out on the land, working in the sunshine harvesting our olives. I know that I have written at length in my series of Olive Farm books, particularly the two travel books THE OLIVE ROUTE and THE OLIVE TREE about olive farming, its culture and its history. Still, every year when I return to the land to pick the fruits - a backbreaking task but one that I enjoy enormously - I am yet again enthused by the subject. I am reminded of how rewarding and historically rich this activity is and it fills me with a real sense of humility and I am grateful to Mother Nature for her gifts. We pick by hand, using no machines. We don't even beat the fruits to the netted earth because the sticks bruise the fruit's skin, causing it to split, the oil to weep and thus the fruit begins to oxidise. Oxidation augments the level of acid in the pressed olive oil. Olive oil that has an oleic acid level of higher than 0.8% cannot be sold as Extra Virgin. (Some territories allow the acid level to reach 1% before the oil loses it Extra Virgin label. In Europe, the regulations are more stringent). Once the oil has lost its Extra Virgin quality, it loses many of its natural vitamins and minerals and, most importantly, it lacks the antioxidants that make extra-virgin olive oil such a gift to our kitchens and our good health. These include protection again heart disease, lowering of cholesterol levels, protection against type II diabetes as well as several cancers. Recently-pressed unrefined olive oil has a greener or golden hue whereas refined olive oil will be lighter in colour and lack any residue of the flesh of pressed fruits. Because olive oil, unlike wine, does not have a long shelf life, it is important to consume it young. I think it is because we have stayed faithful to the time-honoured methods of farming that I find the harvesting and visits to the mill so rewarding and rejuvenating. I know that I am contributing to a ritual that is almost as ancient as farming itself. Of course, we press our olives at a modern mill. Today, it is very rare to find mills that press using the hemp mats (known as les scortins in French) stacked high and squeezed in a screw press. This process has been overtaken by more efficient and more hygienic systems. These photos show the old-fashioned screw press system at work. This method was, until the last century, used everywhere around the Mediterranean. Packing the hemp mat with olive paste. The paste is the result of crushing the the fruits including its stone with a gigantic revolving stone. As the screw presses its weight down onto the mats, the oil is squeezed out and runs into a steel plate. At this stage, as you can see, it is oil mixed with water. The liquids are then separated so what you are left with is pure olive oil. By the way, this ancient mill is still operating not far from where we live in the south of France. Here is a photograph of some of our olives being unloaded at the more modern mill we use, which is in Speracedes in the hills behind Cannes. As you can see we try to pick the fruits when they are green rather than dark purple or black. It gives a more peppery taste to the oil. Also, because we are organic, the sooner the fruits are off the trees the less chance the fly has to attack the drupes during her autumn breeding session. See how green and viscosy our oil is. Its extra virgin rating is between 0.5% and 0.6%. I spent seventeen months travelling solo around the Mediterranean in search of the history, secrets and cultures of the olive tree and its cultivation. I wanted to know where it all began. No one knows precisely who first picked a drupe from off an olive tree or wild bush, perhaps, back then, and decided to experiment with its oil. I found no definitive answers but I did manage to trace olive routes, olive developments from the fourth to fifth millennium BC forwards. I discovered two groves of 6,000 year old olive trees - each grove, boasting about a dozen remaining trees, still delivering their annual fruits and still being pressed into fine extra-virgin olive oil. el, Iraq were, as far as I have discovered, at the heart of the earliest olive farming operations. It's a tragedy that so many of the clues I found that date olive cultivation back to at least 5,000 BC have been destroyed in the recent wars. Here are one or two of my memories. Thankfully, saved. Libya. It's the women who harvest and prune the trees in north Africa. Leptis Magna, Libya. Libya was hugely important olive production region for the Romans. In our Olive Route films, we visit Testaccio in Rome which is a hill created from pottery shards, the broken remains of the amphorae used by the Romans to transport their oil and wine. These two photos were taken in Becheleah in Lebanon. These trees have been radiocarbon dated at over 6,000 years old. In the second photograph, I am standing with an Iranian friend, Soheila, in an olive tree where, over millennia, its centre has died off and hollowed out. It survives and thrives by producing new exterior shoots from its roots. These are the trunks that are encircling us. These two travel books were based on my experiences of those seventeen months travelling round the Mediterranean. The books, in turn, became the inspiration for a five-film, high-definition documentary television series narrated and written by me. The films were shot round the Mediterranean although, due to the Arab Spring uprisings and the Syrian war we were not able to shoot everywhere I travelled when I was alone researching for the books. Last month I revisited Perugia, where I studied Italian in my teens. At lunchtime, when I finished my classes at the University for Foreigners, I used to make my way up the steep medieval streets to a mysterious place called the Rocca Paolina. This was an enigmatic, subterranean cavelike labyrinth on the edge of the city and I was usually alone there. It appealed to my adolescent love of solitude and the story attached to it fascinated me. (From Early Modern Italy - A Social History by Christopher Black). As always in Renaissance history, brutal crimes, religious sentiment and sensitivity to art co-existed, often in the same person; Perugia’s most famous artist, Pietro Vannucci (Perugino), taught Raphael. In memory of the tragic death of her son Grifonetto, Atalanta Baglioni commissioned Raphael to paint a Deposition where the characters of that terrible event were to be depicted. In his 1507 Entombment, now in the Galleria Borghese in Rome, Atalanta is portrayed as the heartbroken Madonna, Grifonetto is the one bearing the dead Christ and Zenobia, Grifonetto’s wife, is represented as Mary Magdalen. Gianpaolo Baglioni escaped the slaughter and ruled over Perugia for many years. In an age when Popes were formidable and violent politicians, Perugia’s arrogance and independence was considered intolerable. Gianpaolo was as ferocious as the rest of his family and the Popes were afraid of his ambition. So Leo X lured him to Rome, promising him safety; Gianpolo came, and was tortured and beheaded. His sons and nephews continued to fight and murder one another and the Farnese Pope, Paul III, visited Perugia. All the nuns in the city had to queue up and kiss his feet. In 1538, when the Pope raised salt tax, Perugians revolted against this and were excommunicated. Paul III then sent an enormous army of mercenaries and Spaniards and handed over the city to the Preservers of Ecclesiastical Obedience. Paul 111 decided to humiliate and control the proud city of Perugia by building a massive fortress, the Rocca Paolina, as a symbol of his power. Over a hundred houses, as well as all the palaces and towers of the Baglioni, churches and monasteries were partially demolished and used as building materials for his fortress. Instead of destroying the houses entirely, the Pope’s architect, Sangallo, left the lower part of the houses and the streets to create the phantom underground galleries that are still so intriguing. In this nineteenth century painting of Perugia by Giuseppe Rossi you can see that the massive fortress loomed over the entire city. In 1859, during the Risorgimento, Perugia again rebelled against Pope Pius IX, who sent 2000 Swiss Guards ( wearing those cute uniforms you see in the Vatican). They looted the city and butchered people in the street. With the unification of Italy the following year the new king of Italy, Victor Emanuel 11, finally liberated the city from the Popes. The fortress was torn down by the citizens of Perugia, using dynamite and their bare hands. Anthony Trollope, watching the demolition of the Rocca Paolina, wrote that ‘few buildings have been laden with a heavier amount of long-accumulated hatred’. The Prefecture Palace and the pleasant Carducci Gardens were built on top of of the Rocca Paolina, like a lid on Perugia’s gory and turbulent history. On a clear day in October we looked out over the balustrade at the end of the gardens to see the stunning golden landscape of Umbria, as far as Assisi. I knew that the ruins where I used to wander long ago had been cleaned up and that escalators had been installed to help people in this steepest of hill cities to reach different levels. Italian engineering never ceases to amaze me and in Perugia modern technology bridges different periods of history, as well as being extremely practical. I was afraid the Rocca Paolina would have lost its unique and melancholy atmosphere and was delighted to find an imaginative video installation down there. Without words, it uses Bach’s music and expresses time as waves, floating clouds and kaleidoscopic mosaics; a griffin, Perugia’s symbol, flies through the film, swooping through shattered buildings and brutal wars to some kind of triumph. Viewed in the underworld, projected onto an ancient wall through a medieval archway, it’s impressive. STEPPING FROM THE SHADOWS: Robert FitzHarding: minor character, major player by Elizabeth Chadwick. Writing works of fiction set in the medieval period across a broad canvas, I often have to research characters who might only have a few lines in my novel, but whose influence and impact on their world while they were alive, was considerably greater. They might dwell in the shadows now, but they were big players on the stage of their own lives. One such person is Robert FitzHarding of Bristol, a twelfth century merchant, landholder, broker and baron, who appears in my current work in progress The Irish Princess, as the man responsible for introducing interested parties and assisting them in their negotiations to obtain the right deal and support for their enterprises. When the Irish king of Leinster, Diarmait Macmurchada was exiled from his land, it was to Robert FitzHarding in Bristol that he brought his plight. The latter advised him to seek the aid of King Henry II and gave him letters of introduction. On Diarmait's return from Henry's court in Aquitaine, Robert housed him in comfort in Bristol at Henry's request and brokered an introduction to Richard de Clare, lord of Chepstow who would provide the military might that would eventually restore Diarmait to his position in Leinster and sweep the Cambro-Normans into Southern Ireland with history-changing consequences. Born around 1095, Robert FitzHarding's family background was aristocratic, but of the Anglo Saxon persuasion rather than Norman, although intermarriage had occurred in the years since 1066. English high status survivors are a rare breed, but Fitzharding was one of their number. He was the son of a royal official, Harding of Baldwin Street and his grandfather was an English thegn from Somerset called Eadnoth the Staller. The family, following the Norman Conquest held their land of the Earl of Gloucester for a single knight's fee (the amount of land thought to be sufficient to sustain a knight and his military requirements). Robert's brother Nicholas was the holder of this knight's fee. Robert himself was a tenant of housing and lands in Bristol, probably a family inheritance, but held, like the Somerset lands, of various top ranking lords of the land. Robert held land on the High Street in Bristol, in Broad Street, Wine Street, St Nicholas Street, by the river Frome, and between Small and Broad Street. Added to this were two suburban estates held directly of the Earl of Gloucester. Throughout the mid 12th century, Robert FitzHarding continued to acquire land and knights' fees from various barons until he had his own lordship of scattered estates surrounding Bristol. Indeed, Richard de Clare, needing funds for his Irish expedition, sold FitzHarding one of his manors at Tickenham in Somerset. During the years of the Anarchy as King Stephen and the Empress Matilda fought for the throne, he supported the latter's cause - Bristol being the caput of Robert of Gloucester, half-brother to the Empress and her chief supporter. FitzHarding with his trading contacts and wealth was in a position to loan money, provide ships and wheel and deal to help further the Angevin cause. Certainly Henry II was so grateful to FitzHarding that when he came to the throne in 1154, he granted him the lands and estate of one Roger of Berkeley who was less wedded to the Angevin cause and had refused to pay dues from his lands. FitzHarding was given permission to build a castle on the land. The only stipulation was that his eldest son Maurice was to marry Roger of Berkeley's daughter and Roger of Berkeley's son also called Roger, was to marry Robert's daughter Helena. So, from wealthy burgess, Robert FitzHarding was now true landed gentry with a castle and dignity of his own. He had also founded the abbey of St Augustine's in Bristol between 1140 and 1148 (now Bristol Cathedral) and retired there shortly before his death in 1170. The family, while never rising to the highest ranks of baronial power, were nevertheless important at a regional level and formed the vertebrae in the backbone on which both the higher and lower echelons of society depended. Descendents of Robert FitzHarding still occupy Berkeley Castle today in unbroken tenure stretching for 900 years. A fascinating personality and I enjoyed discovering a little more about him, even if he only has a handful of pages in my novel. I'm listening to Little Dorrit as an audiobook at the moment, which will see me through quite a lot of cooking and baking. This is not a comprehensive set of remarks about the book, but two thoughts which I decided were suitable for this blog. 'I don't!' said she. Whereupon he once again tells her to count to five and twenty. Of course, in our age, we would think Tattycoram deserved some consideration and care, instead of being expected to be grateful for being taken on as a kind of semi-slave, a maid to a child older than herself, and, as she not unreasonably points out, a child she sees being indulged and adored while she is expected to fetch and carry. If this is supposed to compensate her for a life without a loving family, it's not very helpful. It does, incidentally, cast a slightly less benign light on the Coram orphanage than visitors to Coram Fields might be inclined to see it in. In Dickens's world view, it is, of course quite different. In the novel, Tattycoram sits diagonally across the narrative from good Little Dorrit, the Angel in the House, who lets her father, sister and brother treat her like a doormat, and who never complains. Compare Little Dorrit to Jane Eyre (whose outburst to Mrs Reed puts her more in the Tattycoram category, telling that heartless woman what she deserves, and hasn't got, as later she will tell Rochester). Dickens's women are, of course, notorious. However, Jane Eyre springs from the gentry; whether Bronte might have thought a working class woman was entitled to state her wrongs so vehemently is an interesting question. The second reflection is the dreary aptness and relevance of this passage, 160 years after the book was written. However much Dickens's caricatures of women annoy me, as well as being a magnificent writer and a great story-teller, he was often pretty perceptive about people. For those of us who like their televised historical fiction with a slag-heap of grit and a soundtrack that favours Nick Cave over luscious strings, this month's return of Peaky Blinders has been like Christmas come early. This recreation of 1920s Birmingham and the truly terrifying gangsters stalking its grimy streets blends fact with fiction: the Peaky Blinders gang existed but wasn't run by the Shelby brothers; Small Heath and the Garrison pub had strong associations with gangs and betting rings between the wars although the satanic-mill factories that form the backdrop were not in such consolidated ownership. Real characters are mixed in with the series' fictionalised family, including appearances by Winston Churchill and Billy Kimber, leader of the Birmingham Gang and vicious enough in real life to make Tommy Shelby seem almost a softy by comparison. Part of the series' appeal for me has always been its core of feisty female characters, centred on Helen McRory's Aunt Polly who ran the illicit gambling rings when the men were away being damaged by war. In series four, a new women has been added to the mix: Jessie Eden, a shop steward in one of Shelby's factories who we first encounter putting on her lipstick in the gents' toilet and responding to demands she go somewhere more suitable with the rather cracking: 'You don't have a woman's lavatory on the second floor because no women get this far up." Publicity round the series suggests Eden has been brought in as a possible love interest for Cillian Murphy's character Tommy. Given the show's track record with its female characters, I think we can hope for something closer to the actual Jessie Eden, who is something of a Brummie, and certainly a trade union, hero. She was born in 1902 and, when we meet her challenging Tommie about female pay in 1925, was actually working at the Joseph Lucas Motor Components Factory where she was a shop-steward for the Transport and General Workers' Union. At the time of the General Strike in 1926, the percentage of unionised women at the factory was tiny and completely over-shadowed by the 10,000 non-unionised women, nevertheless Eden marched the women in her section out to join the strike. When she was interviewed by the Birmingham Post on the 50th anniversary of the Strike in 1976, Eden recalled the privations of the period: "We used to take our turns picketing or join the big meetings in the old Bull Ring, which was much larger then. Sacrifices had to be made. We had practically no meat during the strike. We lived on bread, jam and marge.” She also recalled her own brush with the law on the evening of the May Day march which saw a procession of 25,000 people, witnessed by another 100,000. "One policeman put his hands on my arm. They were telling me to go home, but the crowd howled, ‘Hey, leave her alone’ and then some men came and pushed the policemen away. They didn’t do anything after that. I think they could see that there would have been a riot. I was never frightened of the police or the troops because I had the people with me, you see. I don’t know what I’d have felt like on my own." Five years later, Eden really came into her own when she led 10,000 women out of the Lucas factory on a week long strike over new working practices which were driving female workers to the point of collapse. The irony of the story was that the new working speeds intended as a result of the American-designed systems were to be based on Jessie's work-rate as she was judged as an exemplar of efficiency. A further irony was that Eden, now a member of the Communist Party, was one of those who lost her job when a furious management imposed cutbacks. The 1931 strike is credited with starting mass unionisation among women workers but its aftermath was tough on Eden who apparently struggled to find work. She seems to then disappear for a period of two years but was actually in Moscow, rallying Soviet women construction workers employed building the city's metro. No mean feat for a working-class, apparently tiny, woman from Birmingham. Jessie Eden was a champion of social justice her whole life. She was a key figure in the 1939 Birmingham Rent Strike which brought 49,000 tenants out on strike, successfully winning them rent control in the council and private sector. She stood for the Communist Party in the 1945 General Election and led a march against the Vietnam War in Birmingham in 1969. Graham Stephenson, whose website is a fantastic resource for anyone interested in Eden and union/Communist politics, knew Eden in later life and described her in a recent Guardian interview: "People say that in her prime she was an electrifying speaker, who poured out words from the heart without notes and whose confidence in victory was contagious." That's a tribute I'm sure most of us would love to have and hopefully Peaky Blinders is set to give us a deeper flavour of this woman whose actions made such a difference to the women around her, women who she fought to see treated with dignity, equality and respect. Somehow the time for remembering her seems right. On 15th November 2017 Salvator Mundi, (very probably) by Leonardo Da Vinci sold at auction at Christie’s New York for $450.3 million. You may have read one of the reports about its rediscovery, restoration and controversial sale and resales - if not take a look at this article in the Guardian, it includes a nifty slider so you can see the effects of that restoration - you may also have picked up on the fact it was bought from an estate sale (pre-restoration) in 2005 for ten thousand dollars, and felt a deep twinge of sympathy for whoever sold it then. If that bothers you, my story today might break your heart. Robert Foulis (b.1707) and his brother Andrew were printers to the University of Glasgow and earned a reputation for the accuracy of their printing of Greek texts, and showed considerable critical and commercial sense in their choice of modern authors. In the 1750s they set up an Academy of Fine Art in Glasgow, and made their art collection available to the students who studied there, a collection enhanced with further large purchases of art in 1772. The Academy however seemed to be a terrible financial strain and closed its doors after Andrew died in 1775. Early the following year Robert went to London, apparently to sell the pictures. He was advised against doing so by none other than Mr James Christie who apparently told him that the market was glutted with similar paintings. According to the snappily entitled Robert & Andrew Foulis and the Glasgow Press : with some account of the Glasgow Academy of the Fine Arts by David Murray, after expenses Foulis returned to Glasgow with just fifteen shillings of profit and died very shortly afterwards (2 June 1776). Now if Foulis had been trying to sell just one Da Vinci, that would put the pain of the person who sold Salvator Mundi in 2005 into some sort of perspective, but Foulis wasn’t just selling one painting, oh no. The collection he took to London included (according to his three volume catalogue) SIX works by Leonardo Da Vinci works, as well as numbers of works by Raphael, Titian and Rubens. Now it’s true he wasn’t the only one with a stack of Old Masters on hand in 1776. James Christie had in one sale sold pictures by all those artists the previous April, and did so again in March of 1776. In the same issue of the Public Advertiser in which Christie advertised the 1776 sale, Messers Langford in Covent Garden are alerting readers to their own auction which includes Rubens, Rembrandt, Carracci and Titian and Mr Walsh has a selection of Poussin and Corregio up for auction if you aren’t Old Mastered out. But… As we all know only too well the closer you look into history the murkier it all gets. I’m pretty sure Foulis didn’t sell his pictures at all. Now, it may be that he intended to do so, and heeded Christie’s advice to wait, or it may be his original intention was to make money out of his collection in another way. Here is the advertisement Foulis ran (with minor variations) from 31 January to 26 May 1776. There is no mention of any sale here. Instead he is quite explicitly exhibiting his pictures and charging a shilling a time, and also trying to sell his three volume catalogue of the collection. It’s true that auctioneers often exhibited works for a few days before a sale, but I can’t see any example where they did so for weeks. Langford charged people a shilling to come and see what he was selling from 1 March 1776, but he probably wouldn’t have had room to do so before then, giving he had two other old master sales in February. For anyone who has tried to tempt Londoners to an event, that fifteen shillings profit looks pretty reasonable now. There is no doubt that Foulis was devastated by the failure of his exhibition. His printer gives a rather harrowing description of him returning home to Glasgow, exhausted and deeply disappointed. So why were they sold at this point? The new season has begun, but it's only a couple of weeks old, so it's still early for the eighteenth century oligarchs to have gathered, I’d have thought. Possibly Robert’s death had made his family’s severe financial problems acute and they had to sell as quickly as they could. The sale realised £381 8s 6d. It’s tempting to insert a snarky remark about Christies having got a lot better at selling Da Vinci’s since then, but something else must have been going on too as Christie’s sale of M. Le Brun’s pictures in 1775 netted £2,142 and Sir George Colebroke’s collection sold for £4,385 17 shillings. Perhaps Christie knew the market was glutted, because he’d glutted it himself. It is also possible that Foulis’ paintings were being looked at with a sceptical eye. Given that there are under twenty paintings universally accepted as by Leonardo known today, it does seem a little dubious that so many drifted through the London art market at this time. If anyone wants to take advantage of this link to the Foulis catalogue, and match his descriptions to a particular painting, I’d be fascinated to find learn more. I'd also love to know what happened to the pictures after the sale. Looking at various calculators of relative value, that £381 from the sale could be worth anything between forty thousand pounds and four million today. Even if we take the latter figure, that’s still a hundredth of what someone just paid for one rather beaten up Da Vinci. So next time you timeslip into the 18th century you know where to go for a bargain.

2019-04-21T04:31:18Z

https://the-history-girls.blogspot.com/2017/11/

Stephen Colbert spoofed a controversial ad designed for television for the Doritos brand of corn chips. In 2010, the makers of the Doritos product created a contest to choose a video commercial that would be shown during the 2011 Super Bowl. Commercial spoofed by Colbert was one of the entries received by Doritos, though it was not chosen and therefore did not air during the Super Bowl. Nonetheless, in the commercial a priest is worried about how to boost attendance in his church. As he is praying for ideas, heaven reveals the solution: replace the bread or wafers in the Communion service with Doritos. After the commercial was produced, Stephen Colbert decided to spoof it on his comedy show and I read this to you with the caveat in front that it almost made me cry and I'm sure it will have the same effect on some of you. Colbert begins, "Now, folks, I may be a devout Catholic," and the audience cheers and laughs. He pulls out a bag of Doritos nacho chips from beneath his desk. "I know the Eucharist is usually bread, but through transubstantiation it becomes the body of Christ. So I honestly don't understand why Jesus can't be a Dorito. Doritos are unleavened and, after all, he did snackrifice himself for our sins. And remember, at the Last Supper, according to Mark 14:20, Jesus said he would be betrayed by one of the 12 who 'dips with me in the bowl.'" Once again, there's audience laughter and an image of the Bible and the text at Mark 14:20 appears on the screen. "They had dips," said Colbert, "therefore Jesus was a chip. Everybody knows the Catholic Church can use a little extra scratch right now. What better way than product placement? Next Wednesday, we can all get our foreheads marked with Dorito dust. For the right price, there's no reason people couldn't be baptized in Mountain Dew. That would be the most extreme baptism ever. Once and for all, we'll show Islam which religion is most radical". End of quote. Unless you saw Colbert's spoof on the commercial, or saw it on another website, probably didn't hear much about it, about equating Jesus with a corn chip, about saying he snackrificed himself for our sins. Indeed, incorporating Jesus Christ into profane and demeaning situations is so common in America that it hardly gains any attention anymore. Never before has the biblical portrait of Christ been so foreign to our culture. In fashion, he appears on Urban Outfitters as "Jesus is my homeboy" T-shirts. On television, he often appears in the animated episodes of the Simpsons and South Park. On the big screen, he's been the subject of "The Da Vinci Code". In a 2010 interview, Elton John provocatively stated that Jesus was a compassionate, super-intelligent gay man who understood human problems. Renowned atheist Richard Dawkins claimed that a reborn Jesus would gladly wear an "Atheist for Jesus" T-shirt today and we owe Jesus, he said, "the honor of separating the genuinely original and radical ethics that he held from the supernatural nonsense which he espoused as a man of his time". End of quote. In their book, "Dethroning Jesus," exposing popular culture's quest to unseat the biblical Christ, scholars Darrell Bock and Daniel Wallace explain that "the popular view of Jesus today is not biblical Christianity, it's Jesus-anity. Jesus-anity is a coined term for the alternative story about Jesus Christ. Here, the center of the story is still Jesus but Jesus as a prophet or a teacher of religious wisdom. His role is primarily one of teacher and guide and example. Jesus' special status involves his insight into the human condition and the enlightenment he brings to it. In this story, the key is that Jesus inspires others but there's no throne for Jesus. He is one among many. The best, perhaps, and certainly one we can learn from and follow". I never thought I'd see the day in America when Jesus Christ was fair game for comedians and commercial entrepreneurs, especially those who profess to believe in him, like the self-confessed devout Roman Catholic, Stephen Colbert. My point is not necessarily to pick him out and criticize him above others because he's actually one of the more tellable stories in this report. Some of the material that I gained in my research, I would never ever speak of in public because it's so profane and vile. The point is how easy it is for us as Christians to get squeezed into the mold of this world if we're not constantly filtering what we find entertaining and at whose expense. The Jesus that we need to know will not be found in the secular media. John Piper said, "The degree to which the church is trained to distrust the Jesus of the Gospels and to look for ever-new human creations of Christ, the real Jesus will be blurred and his power to break free from the unbiblical traditions that bind him will be blunted". Some of you know what Muzak is. It's really elevator music. It's the music they play in elevators that you don't even know about until you stop and think, if you're in an elevator alone, "Oh, there's some music playing". It's background music. It plays in elevators and shopping malls and department stores and it just sort of gets into your consciousness without your invitation. Elevator music is always there so we don't pay much attention to it, yet our subconscious mind takes it in. Cultural messages like the one I have told you that continues to be tolerated is like background music. Little by little, it slips into the consciousness of Christian Americans. It's like cultural noise, whether it's in our lives through a late-night comedian or maybe a Sunday morning mega church pastor or a news interview with the leader of a mainline denomination or a thousand other sources. Messages about Jesus are always streaming into our heads. And if we are not careful, those messages like a silently stored song subconsciously change the way we think about the Jesus who is our Savior. In the midst of this sordid picture of Jesus Christ in our culture, we have the Bible. And in the Bible, we have the New Testament. And in the New Testament we have the Book of Hebrews. And I don't know if you know that but there's more about Jesus in the Book of Hebrews than in any book in the New Testament except the four gospels. If you wanna know about Jesus, obviously read the four gospels. If you wanna know more about Jesus, read the Book of Hebrews, for the Book of Hebrews is all about Jesus Christ. Hebrews was written to a group of first century Christians, most of whom had been saved out of Judaism. Many of them had been exposed to the danger of giving up. They were under great pressure, being ridiculed and persecuted by their families for having turned from Judaism to Jesus Christ. Many had accepted this adversity joyfully, but others were ready to quit. So the letter of Hebrews appeals to these believers to keep their faith anchored in truth and confident in Christ and the writer of Hebrews, whose identity we do not know, teaches us that no believer can cope with adversity unless Christ fills his horizons and sharpens his priorities and dominates his experience. And more importantly, from a theological perspective, Hebrews is the only book that begins with the word God. Did you know that? It's the only one. Now, in the Greek, it's not like that but, for some reason, God caused the book to be translated into English so that the first word in the Book of Hebrews is God. Most other books begin with the name of the human writer, Paul or Peter or John. But we don't know who the writer of the Book of Hebrews is, so it begins with God. So I guess we'll have to let him be the writer, right? God is the writer of Hebrews, as he is of all of the other books. And the theme of Hebrews, as I've mentioned, is Jesus Christ. Jesus Christ is the one that these young Hebrew Christians need to know. He's the one they needed to wrap their lives around. Only Jesus Christ and a full orbed understanding of who he was could get them through the difficulties they were facing. And my friends, I believe that is true in our world today. I believe that as Christians, we get our thoughts and our minds on a lot of other things and we turn away from Christ and then we wonder why we're having such a difficult time. Jesus Christ is the one who has promised to be closer to us than our brother and keep us in the midst of every situation and just as the Hebrew Christians needed Christ in the Book of Hebrews, we today need Christ in our lives. Not just as our Savior but as the constant friend and companion in our lives. Not every book is so up front about what it's about, but if you turn to the 8th chapter of the Book of Hebrews, you'll discover what this book is about. This is what it says in 8:1, "Now this is the main point of the things we are saying". That's pretty clear, isn't it? You don't wanna know what Hebrews is about? Well, here it is. "Now this is the main point about the things we are saying: We have a high priest, who is seated at the right hand of the throne of the Majesty in heavens". That's what the Book of Hebrews is about. It's about Jesus. In the Book of Hebrews, we learn that Jesus is better. He's better than everything. He's better than the angels. He's better than Moses. He's better than Joshua. He's better than the old covenant. He's better than the priests. In fact, the word better is in Hebrews 13 times. Jesus is better. I remember reading a book some years ago by Max Lucado and he was talking about Hebrews and he said, "The best just got better". It's a favorite slogan with advertisers. It's not that our previous product was poor; it's just that the current one is superior. The Book of Hebrews might well use the same slogan. The best just got better. Here in the first few pages of the Book of Hebrews is the real Jesus, and I think instead of spending our whole time railing on the world's comprehension of who Jesus is, we'd do well to focus our attention on what the Bible says about him. You know, there's an old adage that when you're trying to figure out whether a bill is counterfeit, don't study the counterfeit bill, study the real bill. When you know what that looks like, you'll spot a counterfeit bill whenever you go. It's easy. So we need to get back to knowing who Jesus is, according to the Scripture. Now, in the first two or three chapters of Hebrews, we learn several things about him. And I'm just gonna take you through this because I'm so excited about preaching Hebrews 'cause I get to preach Jesus straight on. You know, I preach about Jesus all the time, but sometimes he's kind of in the places between other things. But when you teach Hebrews, Jesus is the focus of every lesson. First of all, Jesus is the final word from God. Did you know that? It says in chapter 1, verse 2, "God who at various times and in various ways spoke in time past to the fathers through the prophets, has in these last days spoken unto us by his Son". Now, watch carefully what that says. That says that in the Old Testament God spoke in various ways and in various times. He spoke to Adam a little bit. He spoke to Moses a little bit. He spoke to Abraham a little bit. He spoke to David and to Solomon a little bit here and there. He spoke in various seasons, from Moses in the Pentateuch all the way through the prophets, ending with the Book of Malachi. But listen, he never spoke at all to any one person or at any one time so it was here a little and there a little and we are blessed 'cause we have the collection of what he said to all of them but there was never a time in the Old Testament where there was a full-orbed, final word from God. But when you come to the New Testament, we are told, but "in these last days God has spoken unto us through his Son". Did you know that one of the titles for Jesus is he is the Word. He is the Word. "In the beginning was the Word, and the Word was with God, and the Word was God". That's Jesus. Jesus is God's last word to man. When Jesus came into his place on this earth, he was simply God walking around in a body. When God wanted to communicate who he was to us, he took deity and poured it into humanity and said, "This is who I am," and Jesus walked upon this earth. So Jesus is God's final word to man. If you're looking for another word from God beside Jesus, you're gonna wait a long time. He has spoken finally and Jesus is the message. Jesus is God's final word to man. When he spoke in Christ he said everything he meant to say. If you wanna know who God is, study Jesus. If you wanna know what God is like, the Bible says God is a spirit. How do we understand a spirit? We cannot. So God incarnated himself and put himself in a human body so that now we can know how God is through watching Jesus. Jesus is God in the flesh. Jesus is the final word from God. But if you keep reading in the Book of Hebrews you find secondly that Jesus is the first cause of creation. Now, a lot of people read Genesis 1:1 and say, "In the beginning God created the heavens and the earth". We all believe that, but when you get to the New Testament, you discover that the part of the Trinity that was involved in the Creation process was Jesus Christ. Did you know that Jesus Christ is the Creator God? You say "Jeremiah, where did you find that"? Well, I'm glad you ask. Here's what it says, "Through whom," Jesus, "he also made the worlds". If you didn't get that, listen to John 1, "In the beginning was the Word, and the Word was with God, and the Word was God. He was in the beginning with God". And watch this. "All things were made through him, and without him nothing was made that was made". Now, that's about as clear as you can get. I mean, I wanna say to people who say they don't believe Jesus is the Creator God, "What part of that don't you get"? Colossians 1:16 says it again, "For by him," Jesus, "all things were created that are in heaven, that are on earth, visible, invisible, thrones, dominions, principalities or powers. All things were created through him and for him". So we're building a little picture of Jesus. He is the last word from God and he's the first cause of creation. Then the Bible tells us that Jesus is the fullness of the Godhead. In verse 3 we read, "Who being the brightness of his glory and the express image of his person". Colossians 1:19 says, "It pleased the Father that in Christ all the fullness should dwell". That means that Jesus Christ is exactly the same as God for he is God. This is one of the clearest statements in the Bible concerning the deity of Jesus Christ. "No one has seen God at any time. The only begotten Son, who is in the bosom of the Father, he has declared him". We can't see God. He's a spirit. You cannot see God. Bible says you can't see God and live but you can see Jesus in the pages of the New Testament and, in seeing Jesus, the Bible says you see God. In his letter to Timothy, Paul expressed his amazement at this. He said, "Without controversy, great is the mystery of godliness: God manifest in the flesh". And Jesus himself said, "If you have seen me you've seen the Father". I wanna be clear about this because one of the great debates about Jesus Christ today, as I read to you in the Jesus-anity quote, is that he is a good man but he's not God. You cannot believe that and call yourself a biblical Christian because the Bible teaches that Jesus is not just a good man. He is the God-man. And if we don't understand that, we cannot understand Christianity. Here in the first chapter of Hebrews in the 8th verse is one of the clearest proof texts for the deity of Jesus Christ. And this is what it says in Hebrews 1:8, "But to the Son he," which means God the Father. "But to the Son the Father says, 'Your throne, O God, is forever and ever.'" Here is God the Father calling Jesus his Son God. You say, "I don't believe Jesus is God". Well, you and God don't agree. God says he is God and if you don't think he's God, then you have a problem with the Father because the Father said, "Your throne, O God," speaking of Jesus, "is forever and forever". I read this about a biblical scholar named Scot McKnight who took his students in class through an exercise on the opening day in his class on Jesus of Nazareth. "He gave a standardized psychological test which was divided into two parts. The results are nothing short of astounding. The first part is about Jesus. It asked students to imagine Jesus' personality, with questions such as, "Does he prefer to go his own way rather than act by the rules"? or "Is he a worrier"? The second part asks the same question of the students, but instead of "Is he a worrier"? it asks, "Are you a worrier"? And the test is not about right or wrong answers. It is not designed to help students understand Jesus. Instead, if given to enough people, the test will reveal that we all think Jesus is like us. Introverts think Jesus is introverted and, on the basis of the same questions, extroverts think Jesus is extroverted. Spiritual formation experts would love to hear that students in my Jesus class are becoming like Jesus, but the test actually reveals the reverse: students are fashioning Jesus to be like them. If the test were given to a random sample of adults, the results would be measurably similar. To one degree or another, we all conform Jesus to our own image. And that's where we get in trouble, isn't it? Because Jesus isn't who we want him to be. Jesus is who he is. Jesus is who the Bible says he is. The Bible tells us who Jesus is and if we would read our Bibles, we wouldn't go down that strange road. I don't know if this ever happens to you but people come up to me periodically, if I preach on hell or judgment or something, I get a letter or an email, and invariably, I've had people come up to me and say, "Doctor Jeremiah, my God would never send anybody to hell". And you know what I tell 'em? "That's exactly right 'cause your God doesn't exist. He doesn't exist, you made him up". We love to take our faith and, when there are hard parts of it that we struggle with, we take them out. We excise them from our understanding. You don't like hell? Well, do away with it. You want everybody to go to heaven? Find a way to make it happen. Write a book about it, get on TV and everybody will think it's true. But that's not true. The Bible says, "It is appointed unto man once to die, and after that the judgment". Do whatever you want to with it, but you can't take it out of the Book. Some people think, "Well, if I don't want it to be true, then it's not true". Well, you know what? It's true, whether you want it to be true or not. So if you wanna get any place in your life, find out what's true and get on the bus. But don't go down all of these blind alleys, trying to make the Jesus you say you love be just like you are 'cause he's not. He wants you to be just like he is. When you get on that track, then something good will happen. Jesus is the final word from God. Jesus is the first cause of creation. Jesus is the fullness of the Godhead. And the Bible says in Hebrews 1:3, "He's the facilitator of all things". He "upholds all things by the word of his power". Do you know what keeps this whole world from flying off in a different direction and go out of orbit and totally destruct? Jesus has got it in control. He was before history, he was at the beginning of history, he will be at the end of history, and he is the one who controls history. He is the sustainer and upholder of this world. This is what Paul communicated in his letter to the Colossians when he said to these believers, "He is before all things, and in him all things consist". There has never been a moment from the beginning of creation that Jesus Christ has not been performing this mighty work, holding everything together as the facilitator of the universe. Jesus is the final word from God. He's the first cause of creation. He's the fullness of the Godhead, the facilitator of all things and here's my favorite in the list. He's the forgiveness of our sins. Listen to what it says in verse 3. It says in verse 3, "When he had by himself purged our sins". Christ is not only the revealer of God, he's the redeemer of man. This Book of Hebrews is a book about cleansing and here we are told that Christ purged our sins. He cleansed us. Please note where this phrase appears in the context of these words. "He who is before all things and in whom all things are summed up, the one who is the Father's delight and the Father's glory, the one of infinite power and infinite glory, it was he himself who purged our sins". To what purpose did he come? He didn't come down to set up his kingdom primarily, he came to seek and to save those that are lost. The Bible says in Hebrews he came to taste death for every man. And not one of these things that people talk about when they say these wonderful things about Jesus is worth anything if he didn't come down here to purge our sins. Think of it, folks. He who created the universe is the one who died for you. The only one who could do that work on the cross was Jesus Christ and the Bible says that he, by himself, purged our sins. Now remember, I always tell our people, I've been teaching the Book of Hebrews for a while, and I always tell 'em, about every week, the Book of Hebrews was written to the Hebrews. That's a really important thing to keep in your mind, and it's written to us, but it was written primarily to the Hebrews. Now, these Jewish Christians, they knew all about the purging of sins. They had been brought up in Judaism and they knew in Judaism that through the blood of bulls and goats and all of that that their sins were forgiven in advance of the cross. In the Old Testament the purging of sins was never ever finished. Hebrews 9 says, "Not that he should offer himself often, as the high priest enters the Most Holy Place every year with the blood of another. He then would have had to suffer often since the foundation of the world; but now," watch this, "once in the end of the ages, he has appeared to put away sin by the sacrifice of himself". I wanna tell you some good news. This Jesus I've been telling you about that you can tell I'm a bit excited over, this Jesus who is the final word from God and the first cause of creation and the fullness of the Godhead and the facilitator of the universe, this Jesus is the forgiveness of our sins. And when we come to know him, he not only hears our prayer for forgiveness but because of who he is, he can do something about it and forgive us from our sin. He's the final word from God. He's the first cause of creation. He's the fullness of the Godhead. He's the facilitator of all things. He's the forgiveness of our sins. And he's the finisher of our faith. Listen to what he says here, "And he sat down at the right hand of the Majesty on high". In the Old Testament Tabernacle, did you know that the high priest never sat down? In fact, in all of the Tabernacle, with all of its wonderful furniture, there was a lampstand, there was a laver, there was an altar, but there was no chair. If you were an Old Testament high priest, you never could sit down 'cause your work was never done. There was always somebody who'd need forgiveness and you needed to be there. You were the priest. But when Christ entered the Holy of Holies in the heavens, the Bible says, "He sat down". Say that with me. "He sat down". And I wanna tell you something, friends. He didn't sit down 'cause he was tired. He sat down 'cause he was finished. He sat down because what he cried on the cross was true. When he was dying on the cross, at the end of it he said, "It is finished". And he paid the price for all of our sin and when he went back to heaven and he sat down by the right hand of the Father, he sat down to signify that nothing else ever needs to be done for sin. He did it all and it's done. Hebrews 12:2 says, "Looking unto Jesus, the author and finisher of our faith, who for the joy that was set before him endured the cross, despising the shame, and has sat down at the right hand of the throne of God". You may be thinking, "Well, there's something I need to do in order for me to go to heaven. Something I need to do for my sins to be forgiven". No, there's not anything you need to do. Jesus did it all. He did it all so well that when he got done, he sat down. He's not waiting for you to do anything, except accept what he already did for you. And I'll tell you some more about that in a moment. I'm almost finished, but let me go through this list one more time. He's the final word from God. He's the first cause of creation. He's the fullness of the Godhead. He's the facilitator of all things. He's the forgiveness of our sins. He's the finisher of our faith. And here's the last one for all of us Christians. He's our faithful high priest. Did you know that? This Jesus who created the world, this Jesus who holds it all together, this Jesus who himself purged our sins on the cross and went to heaven and sat down at the right hand of the Father, the Bible says he is at the right hand of the Father, always there making intercession for the saints. And over in the 2nd chapter of Hebrews, it says, "Therefore, in all things Jesus had to be made like unto his brethren," in other words, he had to become a man, "that he might be a merciful and faithful high priest in things pertaining to God, to make propitiation for the sins of the people. For in that he himself has suffered, being tempted, he is able to aid those who are tempted". What that means is that Jesus became for a little time a little lower than the angels, that he might be one of us and walk among us and live as we have lived on this earth. And the Bible says, over in the 4th chapter, that "we do not have a high priest who cannot sympathize with our weaknesses, but was in all points tempted as we are, yet apart from sin". And before we go any further, let me disabuse some of the nonsense that I sometimes hear about this passage, which goes like this. Well, if Jesus couldn't sin, how could he be tempted like we are because, I mean, let's face it, I can sin. So if Jesus was not able to sin, you know, there's this big argument, was Jesus able not to sin or was he not able to sin? Well, I believe Jesus was not able to sin. He was the sinless Son of God. Well, you say, "Well, then, how could he have been tempted like we are"? And I remember reading this in a book somewhere, somebody said, "Is a bridge tested fully when the first car drives over the bridge or is it tested fully when cars have been driving over that bridge for years and years and years"? Let me ask you this question. Is a bridge tested when it is found first not to fail or is it tested when it is found never to fail? Jesus didn't give in to any temptation so he felt the full brunt of it all. Whatever it is you think you've gone through, you haven't faced anything like Jesus faced. You know why that's true? 'Cause you gave in. And the temptation of Jesus was to the fullest extent, yet he never sinned. And the Bible says when I go to Jesus with my trouble, I can talk to someone who knows what it's like to be a human. He became like us and he exposed himself to all the hazards and perils of life and death and he was not protected from trouble and adversity. When we find ourselves immersed in the harsh realities of human experience, where do we go? We go to Jesus. Think of the blessing of it all. Think of how he shares our labors, how he knows the dull drab drudgery of some of the common tasks we have to do, the heavy misery of back-breaking toil. He shares our trials and our limitations. He was poor, with no place to lay his head. He was hungry, grateful to the converted women who ministered to him of their substance. He was thirsty, begging water of a Samaritan woman. He was weary and exhausted and sat for rest on the well. He bore our sorrows and our heartaches. If there was death in the home, it brought tears to his eyes. When he looked upon the cripple, the leper, the blind, and the helpless, his heart was moved to compassion. Anybody could approach the Lord Jesus and be welcome. The poor, the weak, the publican, the simple. In Jesus, God is with us in all love and infinite blessing. My favorite name for Jesus outside of Jesus is Emanuel, God with us. Yes, he's the creator of the universe. He's the one that holds it all together. He's the one who purged our sins. But he's the one who hears your prayer when you cry out to him in the darkness of the night. When you're going through that thing you thought you would never go through. When you go through what I've written about, a bend in the road, and you wonder, "Does anybody know what it's like to experience what I'm experiencing"? I'm telling you, there is one. There's one who's felt the pressure of it all. And he is our high priest. Now, I wanna tell you something if you haven't figured this out. I'm recommending Jesus to you. I'm recommending him to you. The Book of Hebrews says that we need to do something with Jesus. The Bible says you have to receive him. You have to accept him. The Book of Hebrews says you need to consider him. You need to accept him. You need to be careful that you don't harden your heart against him. In fact, in chapters 3 and 4, on four occasions we are warned against hardening our hearts against God. And the Bible says, "Today, if you will receive him, do not harden your heart". You know, people come to churches and they come to events like this and they've heard the gospel so many times on Christian radio, on Christian television, in their churches, in their Bible studies. They still haven't yet received him. And every time you hear the gospel and you don't receive it, another little callous forms on your heart and your heart gets harder. And the Bible warns us that now that we know who Jesus is, there's something we need to do with him. John 14:6, "Jesus said, 'I am the way, the truth, and the life. And no one comes to the Father except through me.'" If you wanna go to heaven some day, if you wanna spend eternity with your creator God, if you wanna be with others of your family who are Christians and have already gone ahead, you better be sure that you have accepted Jesus into your life because he is your creator, he is your sustainer, he is the one who purged your sins. He's the one who's coming back someday and those who have received him will be caught up together with him to be with him and so shall we ever be with the Lord. I went through my Bible in these first few chapters of Hebrews and I put a circle around "today" every place I found it. I've come to this conclusion. Today is God's word. Tomorrow is Satan's word. Let me tell you what I've been learning in studying the Book of Hebrews and also before that in a little bit of the study of the Book of Galatians. Listen carefully. When God tells us to do something and we hear his voice clearly, the space between having heard what he told us to do and understanding it and doing it does not belong to God. It belongs to the enemy. The word from God is "Do this". The enemy says, "No, you can do that tomorrow. You know, I'm gonna do that someday. I'm gonna get my affairs in order, then I'm gonna take care of Christ". But the Bible says in between the command and obedience is the waste land of the wilderness and Satan occupies that territory like no other part of your life. When you hear what God tells you to do, you should say, "Today". But if you don't say that, you will hear "Tomorrow" ringing in your ears. And one of these days, there'll be a tomorrow that's too late. D.L. Moody was a great evangelist. When he first started to preach in Chicago, he would have 4 or 5 days of meetings and his method in preaching was he would preach the gospel with enthusiasm and passion and, at the end of the service, he would say to the people, "I want you to go home tonight and think about what I've said. And come back tomorrow night, ready to make a decision". And he did that for a number of years. And one night he did that and the Chicago fire happened. And many of the people who were in his congregation the night when he told 'em to go home and think about it and come back the next night perished in that fire and never had a next night. From that day until he died, Moody never ever did that again. He learned the power of today. He realized that the message of the gospel that comes home to our hearts usually comes home to our hearts in a meeting something like this. Maybe a light goes on, maybe we realize, "I've known about Jesus but I've never trusted him as my Savior". When that happens and you know God is speaking to you, the time to do something about it is not tomorrow, not the next time you meet with God's people, but today.

2019-04-22T04:29:11Z

https://sermons.love/david-jeremiah/668-david-jeremiah-when-jesus-would-be-so-profaned.html

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That’s right. The White House wants to make it illegal to refuse to hire someone based on their current employment status, and subject employers to litigation if they are alleged to have done so. The President says it “makes absolutely no sense” not to hire someone who has been out of work for an extended period of time. Even I can think of a couple of reasons why it would make sense. Companies may want people familiar with the latest trends and conditions in their industry, so that they don’t have to spend money training them up. Is it irrational for a hospital to prefer a nurse from their crosstown rival over a nurse who took five years off and is trying to get back into the field? Some firms may find that narrowing the field of potential hires in advance makes the hiring process more efficient. This may or may not be a sensible calculation for any particular business. But I’m not prepared to second-guess them or assign malicious intent without a lot more specific information. In any case, if a firm that refuses to consider the unemployed is wrong about the costs and benefits of doing so, they’ll lose business to competitors that recruit differently. Subjecting companies to the risk of job-discrimination litigation is justifiable in the case of pervasive, historically rooted evils like race or gender bias. But burdening the private sector for this dubious new purpose, in these difficult times, would be a big mistake. Let’s accept, for the sake of argument, that many employers discriminate against the unemployed in hiring decisions. That doesn’t mean a legal response is required. However much discrimination against the unemployed exists in labor markets, there is no reason to believe it is as pervasive and intractable as was, say, racial discrimination. Among other things there are no formal or informal government sanctions against those who hire the unemployed, no risks of boycotts, and no bands of bigoted thugs threatening to punish those who do not toe the line. Further, making discrimination against the unemployed illegal and unleashing plaintiffs’ lawyers on private firms hardly seems like an effective solution. To the contrary, it would give private firms yet another excuse to avoid hiring in the first place. Since their profits depend on making sure they end up on the right side of every transaction, insurance companies are proxies for all kinds of modern dilemmas. For example, when they started factoring global warming in their underwriting, even as America was neck deep in a useless and political argument, it was a sign that their mathematicians had already decided it was a real problem. This week, the folks from Virginia Uranium held an editorial board meeting for the Hampton Roads newspaper right before their appearance before the Virginia Beach City Council. They were there to debunk the city-sponsored study showing that uranium mining in Pittsylvania County could imperil the water supply for a million people in Hampton Roads. Which raises the question: If there’s no risk, it should be easy to buy insurance to guarantee the people of Virginia clean water. That is, after all, how insurance works. If there’s no risk, there’s almost no cost to insure against it. When a star insures her physical assets, for example, the cost of that publicity stunt is low because the risk is, too. Virginia Uranium’s representatives spent almost an hour explaining how the Virginia Beach study got it all wrong. How there’s no way that their mine could lead to contamination in the city’s water. That not even a hurricane could wash mine tailings into the reservoir. That’s when one reporter asked the insurance question: So, would you like to buy a policy? It was an absurdist question with a real point: Put your money where your risk analysis is. But Walter Coles Jr. and the scientist who reached the zero risk conclusion, Alan Kuhn, looked uncomfortable. That’s not how these things work, they responded. That’s a regulatory issue. Companies don’t insure populations from risk. We could get rid of all that pesky regulation if corporations like Virginia Uranium would shift the risk from taxpayers to themselves. If companies would pay the real cost of the dangers they present. If they would insure bystanders against the catastrophes they might cause. That’s about when the earthquake shook from a fault a few miles from the North Anna Nuclear Power Station. I’m sure there was no connection. Water is perhaps the most significant means of dispersal of uranium and related …[radioactive materials] in the environment from mines and mine wastes….Uranium is very soluble in acidic and alkaline waters and can be transported easily from a mine site. Uranium’s radioactive components, particularly radium and radon, are highly soluble in water, which would be a dangerous experiment for a state like Virginia with over 42 inches of rain per year. The history of uranium recovery and management in the United States (and, indeed around the globe) is replete with environmental damage, serious worker safety and health abuses, and harm to entire communities….Additionally, most of the environmentally damaged sites have not received adequate cleanup of past harms, and for what little cleanup has been done, most of the cost has been borne by taxpayers rather than the companies and associated beneficiaries of the uranium mined. Currently, the EPA lists 23 National Priorities List (NPL) sites where uranium is a contaminant of concern …. Uranium, however, is explicitly excluded from the scoring system that is used to place sites on the NPL precluding most abandoned mines from being listed. For more about environmental and human health impacts from different types of mining, even after studies promised minimal or no impact, go here. Numerous health problems are associated with uranium and its associated decay products. These include cancer from radon, birth defects and kidney problems from uranium, bone cancer and leukemia from radium, and lung and skin cancer from arsenic. According to the EPA’s TENORM Report, “Water is perhaps the most significant means of dispersal of uranium and related [radioactive materials] in the environment from mines and mine wastes…Uranium is very soluble in acidic and alkaline waters and can be transported easily from a mine site.” This is bad. No state in which rainfall exceeds evaporation has ever allowed uranium mining within its borders. If Virginia allows uranium mining, it would be the first. Water is used (and contaminated) in the milling process. In addition, rain falling on waste products from the mining and milling processes picks up radioactive and other toxic elements which can end up and remain in surface and ground waters for thousands of years. In the 1980s, Marline Uranium estimated that the waste pile from their proposed Virginia operation would cover 930 acres, 100 feet deep. Mining and milling the proposed Coles Hill site in Pittsylvania County would generate hundreds of acres of radioactive waste and contaminate millions of gallons of water. To mine uranium safely, hundreds of millions of gallons of contaminated and radioactive water will have to be prevented from running into Virginia streams or leaching into the ground water. Virginia’s most populous communities lie downstream of the uranium leases filed in the 1980s. Map of Drinking Water Resources downstream of 1980s N. Piedmont Leases. Map of Drinking Water Resources downstream of Coles Hill. Not only does the Virginia Piedmont have greater annual rainfall than other uranium mining communities, it also has greater acute rainfall events. Two of the top five most intense 12-hour storms in the United States occurred in the Virginia Piedmont. Map of 12-hour storm events. Twenty-seven inches of rain fell on Nelson County in 1969. Twenty-nine inches fell in Madison County in 1995. Significant flooding also happened in Pittsylvania County in 1996 during Hurricane Fran. View home video footage & map of the flooding event. This experiment should not be conducted on Virginia. Virginia should take no action to initiate or sanction a study of uranium mining until the proponents of mining provide reviewable information demonstrating that mining and milling have been undertaken in five places with climate, geology, and population density similar to Virginia and in such a manner as to safeguard the environment, natural and historic resources, agricultural lands, and the health and well-being of citizens of those communities. Here are some maps related to uranium mining in Virginia, courtesy of the Piedmont Environmental Council. Map showing counties with former uranium mining leases located in Virginia’s Piedmont. Map showing drink water sources located downstream from the proposed Coles Hill Uranium Mining site. Map showing former uranium mining leases in Pittsylvania County, VA. Major water supplies in Southside are located downstream from properties with former uranium mining leases. There are major safety concerns over mining uranium in wet climates such as Virginia’s, which could have disastrous effects on water supplies. Major water supplies in the Piedmont are located downstream from properties with former uranium mining leases. There are major safety concerns over mining uranium in wet climates such as Virginia’s, which could have disastrous effects on water supplies. Map showing former uranium mining leases and downstream water supplies in Virginia near Fredericksburg. Maps showing a proposed 930-acre uranium tailings storage, overlayed on a map of downtown Richmond, Virginia. A map showing potential uranium located in Virginia. View water supplies in the Piedmont and Southside regions of Virginia that would be potentially impacted by uranium mining. This map also includes properties with former uranium mining leases. In the 1980s, uranium leases were filed on thousands of acres of land in Virginia including Fauquier, Orange, Culpeper, and Madison Counties, stretching along the Piedmont to Pittsylvania in Southside Virginia. At that time, the Commonwealth undertook an extensive study of uranium mining. It was costly, time consuming, and divisive. When it was over, the General Assembly and Governor decided it was in the best interests of the people to maintain a moratorium on uranium mining in Virginia. A new corporation, Virginia Uranium, Inc., is seeking to lift the moratorium. Although the primary focus on the uranium debate has been on the Coles Hill site in Pittsylvania County, most of Virginia’s population would be impacted by uranium mining, especially areas downstream or downwind of mining sites. There are three forms of uranium mining: open pit mining, deep mining; and in situ leaching. Open pit mining creates large holes dug into the ground to remove the ore and waste rock which impedes ore extraction. This method is frequently used when the desirable ore is close to the surface. The mining operation planned in Pittsylvania County in the 1980s would have been a 110-acre hole, 850 feet deep. Deep mining creates shafts dug into the ground to reach ore at deeper levels. In the last decade, in situ leaching has become more widely used. In situ leaching uses a solution that is injected into underground uranium deposits to extract the uranium from the other minerals. The liquid, now pregnant with uranium, is pumped to the surface where the uranium is taken out of the solution. This process is repeated until all of the uranium is extracted. Information available to PEC indicates that pit mining most likely will be used in Pittsylvania with the possibility of some deep mining, as well. Uranium milling involves extracting uranium from mined ore. The ore is crushed into sand size particles and the uranium is leached out. The uranium then is precipitated out of the leaching solution and dewatered, dried, and packaged. Through the extraction process, uranium is concentrated into a product referred to as “yellowcake.” In situ leaching is a combined mining and milling operation. Enormous quantities of radioactive waste are generated by uranium mining and milling, with only 2 to 4 pounds of concentrated uranium oxide yellowcake obtained from each ton of ore taken out of the ground. The resulting waste, or tailings, contain 85% of the original radioactivity and remain radioactive for hundreds of thousands of years. Tailings can contain several hazardous substances, including radium (which decays to produce radon) selenium, molybdenum, uranium, and thorium. The mill tailings and the mill tailings effluent are highly radioactive and acutely hazardous. The Congressional testimony of Dr. Doug Brugge, of the Tufts School of Medicine, described uranium ore “as a toxic brew of numerous hazardous materials.” For the full transcript of Dr. Brugge’s testimony, go here. According to EPA’s Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) document, most tailings piles are located in arid areas of the western U.S where low precipitation decreases the potential for water contamination. Still, even out West, there are problems with water management around uranium mines. Because uranium is highly soluble, surface and ground water are the most significant means of dispersal of uranium and technically enhanced naturally occurring radioactive materials from mines and mine wastes. Water coming into contact with these wastes must therefore be treated or contained – millions of gallons of water for thousands of years. Read more about water management in the TENORM document, above. Radioactive Properties of Key UraniumIsotopes, U.S. Department of Energy, Argonne National Laboratory, EVS, August 2005. The National Research Council is involved in a study to examine the scientific, technical, environmental, human health and safety, and regulatory aspects of uranium mining, milling, and processing as they relate to Virginia. The purpose of this study is to assist the Commonwealth in determining whether uranium mining, milling, and processing can be undertaken in a manner that safeguards the environment, natural and historic resources, agricultural lands, and the health and well-being of its citizens. The study results are not due out until December 2011. Yet, Virginia Uranium, the company that was the main proponent of the study, has announced that it is already preparing legislation to lift the uranium ban during the next session of the General Assembly. This suggests that the study is only a pretext for Virginia Uranium. Virginia Uranium, their lobbyists and their friends in the General Assembly appear ready to move forward, no matter the cost to Virginia’s health and environment. On September 5, 2011 by Tim With 0 Comments - Endangered Species Act, Wolves! I previously discussed the wolf delisting rider to the budget compromise bill. I think it would be useful to summarize recent court opinions concerning the wolf, and consider the effects of the rider on those opinions. The rider never mentions “wolf” or “delisting.” It simply requires the Fish & Wildlife Service (FWS) to reissue its April 2009 final rule (74 Fed. Reg. 15,123). That rule effectively delisted the “Rocky Mountain Population” of gray wolves from the endangered species listing. This delisting includes parts of Washington, Oregon and Utah, and all of Montana and Idaho. The population in Wyoming, however, was not delisted because Wyoming lacked “adequate regulatory mechanisms” to protect the wolf. After a District of Montana court order, FWS reversed its April 2009 final rule on October 26, 2010. FWS also delisted the “Western Great Lakes Populations” of gray wolves in a separate rule (74 Fed. Reg. 15,070), also issued in April 2009. This second rule encompasses all of Minnesota, Wisconsin and Michigan, as well as parts of North Dakota, South Dakota, Illinois, Indiana and Ohio. Prior to this rule, FWS issued a similar delisting rule for the Western Great Lakes Populations of gray wolves in 2007 (72 Fed. Reg. 6,052), but that rule was struck by the District Court of D.C. in 2008. In this litigation, environmental groups challenged the 2007 FWS rule that delisted the Western Great Lakes gray wolf populations. The court held that the statutory language is ambiguous. The court then refused to defer to the FWS interpretation: that FWS can designate and delist a distinct population segment within a broader listing. The court vacated and remanded the rule back to FWS. This opinion shares many parallels with the Defenders of Wildlife opinion, discussed below. Both opinions reject FWS’s interpretation as impermissible given the statutory language and legislative history of the ESA. Nevertheless, FWS issued a new delisting rule for the “Western Great Lakes” populations in April 2009, and it remains to be seen if that rule can overcome the hurdles posed by this opinion. Because Congress did not amend the ESA with its wolf delisting rider, it is difficult to argue that the Defenders of Wildlife opinion is now invalid. And so Congress has, in effect, ordered FWS to reissue a final rule in violation of both the ESA and a direct court order. One could argue that Congress has implicitly delisted the wolf (and thus amended the ESA) with this rider (although I think that is a difficult argument to make). But the fact remains that it looks like Congress is ordering FWS to act in contempt of a direct court order. This opinion goes the opposite direction of the District of Montana. The District of Wyoming declared that FWS acted arbitrarily and capriciously by not delisting the wolf in Wyoming. Weirdly, the opinion begins by quoting at length from A Sand County Almanac (Thinking Like a Mountain). The crux of the problem for the court is that FWS wants Wyoming to designate the entire state as a managed trophy game area, even though most of the wolf habitat is in only part of the state (mainly northwestern Wyoming). FWS seeks to prevent excessive killing of the wolves, particularly under Wyoming’s defense of property law, which allows property owners to kill any wolf doing damage to private property. The court finds the FSA’s rejection of Wyoming’s proposed, more limited management area to be arbitrary and capricious. The court remanded. It did not delist the wolf in Wyoming. This case is specifically protected by the wolf delisting rider, and in fact is the only case specifically mentioned in the rider language. But here the District of Wyoming remanded the final rule to the agency. FWS could choose not to delist the wolf and, in theory, still comply with this opinion. This case has gotten most of the recent press. This April 2011 opinion rejected a proposed settlement that would have delisted the wolves in Montana and Idaho. The court objected that it cannot approve a settlement that would, in effect, violate the ESA. The reasoning behind this case parallels the court’s earlier August 5, 2010 decision, and the rider will likely affect both decisions equally, if at all. In short, the wolf delisting rider requires FWS to reissue a rule that was remanded by two courts: District of Wyoming and District of Montana. Republishing the rule without revision, as the rider seems to require, will be unresponsive to both court orders. And the rider protects at least one of those orders (the District of Wyoming). Perhaps FWS will determine that compliance with both the District of Wyoming and the Congressional rider requires it to revise the rule before re-publication. And we have yet to see a good argument for why Congress should be allowed to exclude this reissuance of the rule from all judicial review, or how reissuing this rule achieves the Congressional goal: delisting the wolf. During storms like this weekend’s Hurricane Irene, trees often fall from people’s yards into their neighbors’. Which raises the question: is the person whose tree fell into her neighbor’s yard is liable for any resulting damage? The answer varies somewhat from state to state. But as a general rule, the owner of the tree is not liable in such cases unless he or she was somehow negligent in caring for it. If a “reasonable person” could foresee that the tree or a branch was likely to fall and cause damage that the owner could have readily prevented, there might be liability. In most cases, however, the owner is not liable, especially if the tree was knocked over by an “act of God” like a storm. Findlaw has a helpful explanation here, as well as a discussion of other property law issues arising from trees. Even if you believe you do have a good case against your neighbor, you should think carefully before you start a lawsuit over a fallen tree. Given the high cost of litigation, the money you win might not be much more than what you end up paying the lawyers — unless the damage is really severe. The loss of time and aggravation inherent in suing are also relevant costs, even if nonmonetary ones. And then there’s the cost of damaging your relationship with your neighbor, which is especially important if you plan to live in the neighborhood for a long time. In most cases, it’s worth trying to settle your dispute with a neighbor informally instead of going to court. As an attorney, it’s probably against my interest to encourage people to think twice about suing over minor property disputes. But it’s good advice nonetheless. And part of being a good property lawyer is knowing when to tell your client that a lawsuit may not be the best course of action for them. No teacher [in a Missouri public school] shall establish, maintain, or use a nonwork-related internet site [i.e., a “website or web page used by a teacher primarily for personal purposes and not for educational purposes”] which allows exclusive access with a current or former student [i.e., “any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated”]. Nothing in this subsection shall be construed as prohibiting a teacher from establishing a nonwork related internet site, provided the site is used in accordance with this section. The law’s reference to “exclusive access” likely includes Facebook pages, because “exclusive access” is defined as “the information on the website is available only to the owner (teacher) and user (student) by mutual explicit consent and where third parties have no access to the information on the website absent an explicit consent agreement with the owner (teacher).” I also assume that “eighteen years of age or less” covers only people up to and including the day they turn 18, rather than including all former students who are 18-plus-up-to-364-days; I infer this based on the assumption that the state is trying to protect minors, though the text could also be literally read as covering anyone who hasn’t yet turned 19. Even if a complete ban on certain forms of communication between certain individuals could be construed as content neutral and only a reasonable restriction on “time, place, and manner,” the breadth of the prohibition is staggering. The Courts finds [that] based upon the evidence adduced at the preliminary injunction hearing, social networking is extensively used by educators. It is often the primary, if not sole manner, of communications between the Plaintiffs and their students. Examination of the statute indicates that … it would prohibit all teachers from using any non-work-related social networking sites which allow exclusive access with current and former students. It clearly prohibits communication between family members and their teacher parents using these types of sites…. Plaintiffs have established a substantial likelihood of succeeding on the merits. 1. To the extent that the plaintiffs’ objection is that class-related communications between teachers and students are restricted by the law, I think that objection won’t fly as a First Amendment matter. The government has nearly unlimited authority to control its employees’ speech that constitutes part of their jobs, including not just the time, place, and manner but also the content of their speech to customers and other clients (such as students). 2. The government probably also has substantial authority to control its employees’ speech on matters of “purely private concern,” see Connick v. Myers, probably including such off-the-job speech, see City of San Diego v. Roe, especially when the speech is to people whom the employees met on the job. This doesn’t mean such control is a good idea — just that the First Amendment has been read as not barring the government from exercising such control over its employees. 3. Nonetheless, the law also applies to teachers’ communication to students that are on matters of public concern — e.g., political, social, and religious commentary that teachers (like others) could spread to people (including students) via Facebook and similar sites. Such a categorical restriction might well be unconstitutional under United States v. National Treasury Employees Union, especially since this mode of speech is banned without any limitation to speech that is likely to be more disruptive to the school than valuable to the speaker and listeners (the showing required by Pickering v. Board of Ed.). 4. The government’s rationale for the law seems to be that it helps prevent teachers from sexually preying on students and former students; and if such speech really seemed likely to have this effect, then perhaps on balance the Pickering showing could be made. But my sense is that it’s quite hard to groom someone for an illicit sexual relationship using Facebook postings, which are available to everyone. And while Facebook e-mail might be hidden, that stems from the use of e-mail generally, and not of “exclusive access” “internet site[s]” such as Facebook. So I’m inclined to say that the law is likely unconstitutional, though the question is closer than the court’s brief order suggests. The New York Times published an article this week about how EPA and other federal agencies have quietly increased the dollar value assigned to a human life, to be used for regulatory impact and cost-benefit analysis. The Environmental Protection Agency set the value of a life at $9.1 million last year in proposing tighter restrictions on air pollution. The agency used numbers as low as $6.8 million during the George W. Bush administration. The Food and Drug Administration declared that life was worth $7.9 million last year, up from $5 million in 2008, in proposing warning labels on cigarette packages featuring images of cancer victims. The reason for the increasing value of human life? A combination of inflation adjustment and choice of methodologies. EPA has tended towards using a capitalized “risk premium” for hazardous occupations such as mining to set a “market price” for risk of death. Industry prefers to use surveys about the price the public would be willing to pay to avoid a statistical risk, or simply to add up lost wages, capping the value of a human life with her expected earnings until death. And therein lies a fundamental flaw in cost-benefit approaches — the illusion of mathematical certainty presented by comparing numbers, while hiding the policy and value assumptions underlying the calculation of these numbers. Given that administrative policy is subject to change from administration to administration, and even from agency to agency within the same administration, perhaps the assignment of a numerical value for human life should not be left to the regulatory agencies at all. If Congress wants cost-benefit analysis to be part of the environmental regulatory calculus (as it has in TSCA section 6, and the Safe Drinking Water Act), then let Congress put a price on life — let’s establish by statute what value Congress wants to use. Many in the environmental community may fear that Congress would pander to industry and low-ball the number, but I think that the opposite might occur were Congress to have to explain exactly what they think their constituent’s lives should be worth. The Appalachian Mountain range dates back 300 million years. Its coal is the residue of peat bogs formed in tropical coastal swamps when there was a single supercontinent, Pangaea. But it takes only a matter of months to tear down a mountain peak using explosives and giant excavators. The technique is both faster and less labor-intensive than underground mining, and allows profitable access to thin coal seams that otherwise might not be worth harvesting. Since the mid-1990s, the coal industry has cut a swath of devastation through Appalachia’s remote, coal-rich highlands, one of the nation’s most dramatic cases of environmental devastation and regulatory failure. The fate of the peaks has drawn international attention, but what goes on in the valleys is in many ways more significant. Each spring, the rain that falls on Appalachian mountainsides gathers into thin rivulets, mixing with spring water and groundwater. These streams, often no more than a foot wide, teem with microscopic, insect and animal life that is the foundation of the forest and river food chains and biodiversity. Plug up those intermittent and ephemeral streams with mining debris, and the ecological fallout extends far beyond the edge of the valley fill, into the surrounding forest and the larger perennial streams and rivers down the mountain. A valley fill, for instance, profoundly alters forest hydrology. When the rainwater hits a valley fill instead of a stream bed, it filters through broken shale and sandstone before flowing out at the bottom. Ordinary minerals liberated from deep inside demolished mountains – heavy metals such as selenium and magnesium – infiltrate it and flow downstream. During the Bush years, government scientists produced a growing pile of studies that show how valley fills foul waterways. FWS biologists found that heavy concentrations of selenium in West Virginia’s Mud River, downstream from the huge Hobet 21 mountaintop mine, were causing deformed fish. A 2008 EPA study showed that a huge increase in “specific conductance” – the concentration of electricity-conducting metallic ions – immediately downstream from valley fills was wiping out entire populations of mayflies, a ubiquitous species whose disappearance indicates broader ecological effects. Destroying waterways and aquatic life are, of course, illegal. But in the bureaucratic funhouse of mountaintop removal, laws may say one thing while actions point in the opposite direction. By a commonsense interpretation, valley fills violate parts of two federal laws, the Clean Water and Surface Mining and Reclamation Acts. But since the 1990s the coal industry and its allies in government have engineered a series of legal and regulatory workarounds. Yet it’s the Clean Water Act that environmental groups have relentlessly focused on, filing a series of lawsuits charging the Corps with failing to meet its enforcement obligations, which state that “dredged or fill material should not be discharged into the aquatic ecosystem” if it will cause “significant degradation to the waters of the United States.” Among other things, that includes disrupting the life cycles of aquatic organisms and the loss of fish and wildlife habitat. Again, it seems logical to assume that burying a mountain stream would meet those criteria. But that’s not the way it’s worked up to now. Put simply, the Corps evaluates the environmental effects of valley fills using techniques that many scientists criticize as insufficiently rigorous. Scientists and environmental groups also object to the Corps’ approach to mitigation, the notion that you can make up for destroying one stream by building another one. That might mean digging a new stream bed nearby, or “mitigation banking” in which a mining company pays to protect and restore a wetland elsewhere. This dispute remains unresolved in part because the law divides responsibility for valley fills between the Corps, EPA, the Interior Department’s Office of Surface Mining, and the states. The Corps’ jurisdiction is limited to the stream itself and 100 feet on either side, the OSM oversees what happens on the whole mine site. It’s the EPA’s job to look at the entire ecosystem. And the crossed lines of authority have created a regulatory morass and led to erratic, desultory enforcement. The result has been drift: Coal companies can get permission to demolish mountains and fill streams, but they must also deal with more regulatory hurdles while facing continued uncertainty. It’s this situation, untenable for all involved, that the EPA is attempting to resolve. But the stakeholders do not seem eager for a compromise. At least up to now, the coal industry has usually gotten most of what it wants, giving it little incentive to negotiate. Environmental groups want to see mountaintop removal banned outright. And the Corps, which must also participate in any negotiation, has jealously guarded its permit authority from what it sees as EPA interference. While Obama’s nominee to run the Corps, Jo-Ellen Darcy, handled environmental issues for the Senate Finance Committee and is well-regarded by environmental groups, the Corps is notoriously resistant to change. Lastly, it’s doubtful that a true middle ground — in which mountaintop removal continues with limited changes and the mountain environment is preserved — even exists. EPA hopes to limit the damage to stream beds by reducing the size of some valley fills, paying more attention to their placement, and by doing more, and better, stream restoration. Such a negotiated, incremental approach could blunt some of the damage, but may not significantly reduce the vast scale of mountaintop projects. And coal companies will resist major changes, especially in the size of valley fills. A study commissioned by the EPA found that sharply limiting the size of valley fills would also restrict the amount of coal harvested. Capping them at 35 acres — a fraction of the size of the average fill, which can cover hundreds of acres — would reduce mountaintop coal production by 77 percent.

2019-04-20T22:39:09Z

https://coffieldlaw.com/author/tim/

Cite as Tallon, in Bianca-Bonell Commentary on the International Sales Law, Giuffrè: Milan (1987) 572-595. Reproduced with permission of Dott. A Giuffrè Editore, S.p.A. 1.1. - The short but very important section IV of chapter V governs the extent to which a party is exempted from liability even [page 572] though he has failed to perform his obligations. Two cases are considered: failure due to an impediment beyond the promisor's control (Article 79) and failure due to the promisee's act or omission (Article 80). Significantly, the French title uses the singular (exoneration) whereas the English title is worded in the plural (exemptions). The plural is preferable because, as compared with ULIS, the two cases are clearly separate in form as well as in substance. Exemption exists in these two cases only. The absence of fault cannot give rise to any exemption since the Convention sets aside the system of liability based on fault. Moreover, in contrast with earlier drafts, the lack of good faith is not specifically envisaged in this section. Indeed, it is regarded as a general principle that applies to all the provisions of the Convention, including those under discussion in this comment. 1.2. - Since the doctrine of absolute obligation was abandoned by the common law (Taylor v. Caldwell 3 B.&S. 828), one may say that legal systems provide for the discharge of one or both parties when a contract has become impossible to perform. This widely accepted rule does not, however, apply similarly everywhere. In many countries it derives from the concept of force majeure, a concept extraneous to the common law which is impossible to translate into English. Furthermore, the notion of force majeure is subject to various interpretations. East European legal systems, for example, rarely permit the discharge of the promisor because it jeopardizes official planning. Elsewhere, the notion, although interpreted narrowly at first, became gradually more flexible. Standard forms in internatiorial commercial agreements illustrate this trend. To make this scheme even more complicated, a number of theories emerged in the twentieth century, e.g., imprévision, �frustration of the venture�, �impracticability�, Wegfall der Geschäftsgrundlage, which extended the doctrine beyond the sphere of absolute impossibility to situations where, due to an unexpected change in circumstances, performance simply proved far more expensive than anticipated. In some legal systems (French private law, for instance), such unexpected change in circumstances produces no effect. It is synonymous with impossibility in some systems (English law) and allows the judge to adjust the contract in others (German and American law). Moreover, lawyers have imagined a wide range of [page 573] clauses (sliding scale, hardship, sauvegarde, renegotiation, etc.) designed to adapt contractual obligations to such situations. 1.3. - Thus Article 79 was elaborated on a variegated background. Significantly, however, the Convention avoided reference to the domestic theories recapitulated above. It developed a system of its own, which in fact results from a slow maturation process that started with ULIS. This autonomy, illustrated by the lack of reference to accepted wording and concepts of domestic laws (force majeure, frustration, impracticability), renders the interpretation of Article 79 extremely difficult because one cannot resort to these laws as a guide. Besides being novel, the system set forth in Article 79 is also unitary in the sense that it does not distinguish between supervening impossibility and imprévision per se. A doubt therefore subsists regarding the extent to which this theory is part of the Convention (see �� 3.1. to .3.6., infra). 1.4. - The text of Article 79 is one of the longest in the Convention. It is, in its final wording, drafted in the same form as Article 65 of the UNCITRAL Draft Convention. Only paragraph (2) underwent a slight modification. Article 79 corresponds approximately to Article 74 of ULIS. Two paragraphs of minor importance, (2) and (4), were added. The definition of impossibility was slightly modified. Finally, Article 74(3) of ULIS was split into two. One part became paragraph (5) of Article 79 and the other, Article 80. This alteration separates more clearly the two types of exemption: impediment and act or omission of the other party. 1.5. - One might be inclined to look into the travaux préparatoires of ULIS and of the present Convention to discover the meaning of Article 79. This search is, however, unproductive. Surely, it appears that exemption has become more widely recognized over the years (as the inclusion of force majeure clauses in international commercial contracts demonstrates). This represents a significant evolution from the restrictive approach of the initial Draft of 1935. The Secretariat's Commentary is succinct. It is a mere exegetic analysis of the text, sometimes even inconsistent with the wording of the article. The discussions bore essentially on [page 574] questions of terminology. Obscure at times, they were nonetheless regarded by some (HONNOLD, Uniform Law, 432) as relating to a �fundamental point �. For example the replacement of the word �circumstances� by �impediment� was considered as having altered the scope of the exemption. This question will be examined infra, � 2.6.1. The Vienna Conference considered only relatively minor points, especially in view of the principle itself. 2.1. - Article 79 deals with one of the most delicate questions in contract law; the effects of the impossibility to perform one of the obligations of the contract. To what extent may the non-performing party be exempted, i.e., may he avoid the remedies available to the other party? It must be noted that Article 79 deals only with the effects as to the non-performing party but remains silent concerning the consequences which follow for the other party (theory of risks). The two questions are, however, closely linked, and Article 79 must be read in conjunction with the provisions that relate to the theory of risks, namely Articles 66 to 70 of the Convention. 2.3. - Article 79 is a long and intricate text. It is impossible to analyze it following the sequence of the paragraphs as they refer to questions of unequal importance. A more rewarding approach may be to examine it in four consecutive parts: the scope of the exemption; the notion of impediment; the proof of the impediment and the duty to notify; and, finally, the effects of the exemption. 2.4. - Article 79 sets forth a general cause of exemption for (a) non-performance (b) of �any obligation� and -- what is more debatable -- (c) without any reference to time. This exemption may play in favour of either party, in accordance with the global conception of the Roman-German tradition. These provisions may, of course, be altered by the parties, as this is often the case in international contracts. 2.4.1. - The expression �failure to perform� does not specify the nature of the non-performance. Accordingly, it may be total or partial, delayed or defective (as, for instance, when the terms of a contract that relates to packaging are forbidden by the law of the seller). The nature of the non-performance has, of course, repercussions on the effects of the exemption as discussed below (see �� 2.9. et seq., infra). All the same, any failure to perform produces a certain exempting effect. 2.4.2. - Article 79 explicity refers to any obligation, no matter which party is concerned. The buyer and the seller are thus subject to the same conditions. This solution does not come as a surprise; it is in harmony with the global conception of the Convention. All the obligations of the buyer, such as they are spelled out in Article 53, as well as all the obligations of the seller listed under Article 30 and all the further obligations which may derive from the individual contract (Articles 30 and 53 are not exhaustive), whether of major or minor importance, fall within the scope of Article 79. A few examples illustrate this point. 2.4.2.1. - The obligation of the buyer to pay the price may contravene exchange laws or regulations (see Article 54). The index to which the parties referred in their agreement may have ceased to exist. By contrast, the financial situation of the buyer [page 576] is generally regarded as irrelevant (see � 2.16., infra). Furthermore, obligation to take delivery of the goods may be hampered by such common obstacles as strikes, blockades, floods, etc. As far as the seller is concerned, the obligation to transfer ownership, in so far as it exists, must be set aside as there is no provision to this effect in the Convention. The same does not apply to the various aspects of the obligation to deliver. Impossibility may indeed follow, although depending on the nature of the goods, from any mode of delivery. The obligation to deliver conforming goods also comes within the scope of Article 79 when, for instance, some specification of the goods conflicts with the law of the State of the seller. It should be emphasized that Article 79 applies to obligations of means (obligations de moyen) as well as obligations of result (obligations de résultat) in legal systems that make that distinction. Thus, Article 79, in its general wording, applies to any sort of obligation generated by a contract of sale. 2.4.3. - The text is silent on the point of time. Presumably, it does not apply to situations where the impediment existed at the time of the conclusion of the contract and was known to the defaulting party. In this case, the conditions set forth in Article 79(1) are not fulfilled as the said party could �have taken the impediment into account at the time of the conclusion�. What is to be decided, however, when an impediment unknown to both parties at the time of the conclusion of the contract is revealed at a later date? A typical case is the sale of goods transported on a ship that sank at the time of the conclusion of the contract. The Secretariat's Commentary affirms, without justifying its position, that Article 79 applies to this case (Official Records, I, 55; see also SCHLECHTRIEM, UN-Kaufrecht, 95; Uniform Sales Law, 101). This is also the implicit solution adopted by � 2-613 of the United States Uniform Commercial Code (see also Official Comment, No. 2). But the answer to this question is not obvious in countries, such as France, where the existence of the subject-matter at the time of the conclusion of the contract is regarded as a condition of validity, as one cannot imagine a contract of sale that would relate to goods which do no longer exist. In this case, the absence of the subject-matter raises a problem of validity which is [page 577] not governed by the Convention (see Article 4(a)). One may think that in other systems it will be possible to rely on the theory of mistake. In both cases, the contract will be declared void. This divergence must not be over-emphasized, however. It all depends on the consequences which follow from contracts void ab initio as opposed to contracts that are avoided because they are impossible to perform. The retrospective effect is not the same in the two cases. But the question will seldom be raised in relation to a contract which, by hypothesis, cannot be performed. The modes of termination also differ. If the contract is void, it comes to an end by operation of the law. If it is avoided, the non-defaulting party, according to a possible interpretation of Article 79 (see � 2.10.2., infra), will have to declare the contract terminated. But, again, in practice, the difference will probably be negligible. The extensive interpretation of Article 79 is preferable as it creates uniformity, but it may come into conflict with mandatory provisions of domestic law (see concerning ULIS, STOLL, in DÖLLE, Einheitliches Kaufrecht, 445 in favour of the exclusion of national rules). The better view is to decide that when the existence of the subject-matter is regarded as a peremptory rule by a given domestic law, Article 79 ceases to apply by virtue of Article 4(a) of the Convention, especially in the absence of any provision similar to Article 34 of ULIS which excluded reliance on national remedies for mistake in cases of non-conformity of the goods. 2.5. - Article 79(1) defines the notion of impediment. Paragraph (2), added to the provisions of ULIS, defines a special form of exemption when the non-performance of one party results from the non-performance of a third party. Again, it must be noted that these provisions are not obligatory. The parties may stipulate other causes of exemption in their agreement. 2.6.1. - For an exemption to be granted, the non-performance of the contract must be due to an impediment. Article 74(1) of ULIS used the word �circumstances� although the expression �temporary impediment� also appeared in Article 74(2). The choice between the word �circumstances� and �impediment� had given rise to long discussions at the 1964 Hague Conference. According to the Tunc report (Hague Conference Records, I, 357, 384) the word �circumstances� would have allowed exemption when the seller could not be held liable for the defects in the goods. By adopting the word �impediment�, the Vienna Conference aimed at emphasizing the objective nature of the hindrance rather than its personal aspect. These discussions may appear somewhat recondite. It is not difficult to admit that a simple change in terminology -- in any event one that may become intelligible only after a lengthy examination of the records -- cannot result in such widely different consequences. One cannot expect the judge to spend too much time interpreting a text which is apparently clear. What is actually the issue, as some legal systems readily admit, is the external character of the impediment with regard to the activity of the defaulting party; and, since it does not constitute a separate condition, it must be linked to the condition �beyond his control� (see the excellent discussion of NICHOLAS, Impracticability and Impossibility, �� 5.10 to 5.14 and references). 2.6.2. - The notion of �impediment beyond his control� is not easy to explain, owing partly to the difference that exists for instance between the English and French versions. By using the expression indépendant de sa volonté (literally, independent of his will), the French text appears to adopt a more subjective approach. In a sense, it is contrary to the drafters' intention and the English version is more in keeping with the proposed objective. If the impediment is not extraneous to the activity of the defaulting party, i.e., if it is under his control, it produces no exempting effect. A comparative analysis of the text reveals that this condition covers two situations. The first one concerns the behaviour of the defaulting party. One might argue that a question of fault is involved here. But this concept has been set aside by the Convention and does not require consideration. What is meant is that exemption will not [page 579] be granted if the defaulting party fails to behave as required under the contract, including the implicit obligation of good faith. This would be the case if a governmental licence is refused as a result of negligence on the defaulting party's part (e.g., because he failed to apply properly for such a licence: see Article 54 of the Convention), or if the goods had deteriorated owing to improper packaging. The second situation in which the idea of control appears is that which is defined as the external character of the impediment, i.e., exterior to the defaulting party's activity. A typical example is the damage that a defect in the goods causes to the buyer. Can the seller contend that he had no means to discover the defect? The �external approach� leads to a negative answer and to the conclusion that a non-external impediment may never produce an exempting effect even though it meets the other requirements for a valid exemption. For equity's sake, the risk should be placed on the seller in such a case, or on the manufacturer in case of third-party proceedings. To the extent that the impediment relates to the defaulting party's activity, it is not �beyond his control� (French case law even created an irrebuttable presumption of knowledge of the defect when the seller is a professional). This condition, however, is often mixed with the other -- more traditional -- conditions set forth in Article 39(1). 2.6.3. - The first condition concerns the foreseeability of the impediment. It is formulated as follows: �an impediment ... that [the defaulting party] could not reasonably be expected to have taken ... into account at the time of the conclusion of the contract�. Most domestic laws adopt a similar rule. It is consistent with the basic idea that if the event were foreseeable, the defaulting party should, in the absence of any contrary provision in the contract, be considered as having assumed the risk of its realization. The formula used in Article 79(1) calls, however, for further comments. The impediment must be reasonably foreseeable. The reference is thus the reasonable person, the bon père de famille, in accordance with the general concept of the Convention, i.e., halfway between the inveterate pessimist who foresees all sorts of [page 580] disasters and the resolute optimist who never anticipates the least misfortune. The impersonal tone of the text of the Vienna Convention must be noted as contrasting with ULIS which referred to the intention of the parties (this is even clearer in the French version which uses the formula �un empêchement ... qu'on ne pouvait raisonablement attendre�). Everything here is a matter of measure, and it seems difficult to provide more details in a general text. It will be left to the judge or arbitrator to decide depending on the circumstances of the case (for a similar view see Secretariat's Commentary, Official Records, I, 55). Furthermore, foreseeability should relate not only to the impediment per se but also to the time of its occurrence. The closure of the Suez Canal was, for example, foreseeable in the more or less distant future. But the defaulting party could only be exempted if it were reasonably unforeseeable that the impediment should occur during the course of the contract. Foreseeability must be appreciated at the time of the conclusion of the contract. This solution is reasonable and generally acknowledged by domestic laws. 2.6.4. - The impediment must also be unavoidable (see � 2.6., supra). The defaulting party must have been reasonably unable �to have avoided or overcome [the impediment] or its consequences�. To �avoid� means taking all the necessary steps to prevent the occurrence of the impediment. In most cases, it will coincide with the idea of �beyond his control� (see � 2.6.2., supra). �To overcome� means to take the necessary steps to preclude the consequences of the impediment. It is closely associated with the condition of the external character of the impeding event. The attention should be focused on the behaviour of the defaulting party. The basis of reference is the same as for unforeseeability, i.e., the reasonable person. This criterion is, however, rather vague and will often be most difficult to distinguish between what is possible and what is impossible to overcome. This issue raises once again the theoretical question of the distinction between impossibility and imprévision. There may be a nuance between great difficulty of performance (or, as it is called by German authors, �economic impossibility� -- see SCHLECHTRIEM, UN-Kaufrecht, 96; Uniform Sales Law, 102) and absolute impossibility. Here again, a case-by-case analysis is [page 581] required. If an object is lost at sea and can be fished out in good condition although at great cost, the final solution will not be the same if the said object is a highly valuable sculpture or merely a machine tool. Thus, everything is a question of measure. 2.6.5. - Nevertheless, several points deserve further attention. First, as a rule, generic goods are not affected by force majeure: genera non pereunt. Others may be obtained to replace them; thus delivery remains possible. The impediment is not invincible. A different solution might prevail if the goods were of a limited kind, e.g., a rare metal produced in a single country. Export prohibition would constitute an impediment in the sense of Article 79. The second difficulty is illustrated by the example of a contract calling for the goods to be packed in a specific type of container that turned out to be unavailable (see Secretariat's Commentary, Official Records, I, 56). According to the commentary, the seller would not be liable for damages if he provided �commercially reasonable substitute packing materials�. This solution is inspired by � 2-614 of the United Stated Uniform Commercial Code. It is, however, excessive in view of the lack of precision in Article 79; furthermore, it conflicts with Article 35(1) of the Convention according to which the seller must deliver �goods which are ... contained or packaged in the manner required by the contract�. This solution might, in addition, be dangerous as it would enable one party to modify unilaterally the terms of the contract, thus generating insecurity to the detriment of the weaker party. The same result could in any case be reached by a different and more convincing reasoning. If the seller is unable to perform the contract in accordance with the specifications of the buyer and has recourse to a �commercially reasonable substitute� -- very close to what the parties initially provided in their agreement -- the buyer would act in violation of the general principle of good faith by refusing the latter mode of performance. The seller could therefore claim damages. It would indeed be illogical to speak of non-performance and exemption in a case where the only question is whether the contract has been performed or not. The insolvency of the buyer is not generally regarded as an impediment (in this sense see also Secretariat's Commentary, Official [page 582] Records, I, 55). It is, in effect, difficult to argue that the insolvency of the buyer is �beyond his control�. The case would be different of course if the insolvency was due to a force majeure event, e.g., the undue confiscation of the buyer's ownings following a coup d'état. 2.6.6. - The last condition relates to the causal element. The non-performance of the contract must be due to the impediment. This condition is logical. The seller cannot avail himself of an event, e.g., the burning of his warehouse, which occurred after he has refused to perform the contract. Non-performance in this case is due to his prior refusal to perform, not to the fire. Of course, it may sometimes be difficult to identify the precise cause of the failure as, for example, when several causes are invoked, such as the impediment and the act or omission of one of the parties. Since this is usually the case when a problem of causality is raised, the solution will depend on the subjective appraisal of the judge. In the absence of any indication to this effect either in the text (when it is the aggrieved party who has contributed to the damage, see Article 80) or in the spirit of the Convention, the judge will apply the theory that prevails in his country. Whatever theory is adopted, however, the exempting event must necessarily be the exclusive cause of the failure to perform. If goods not properly packaged are damaged following an unforeseeable and unavoidable accident, the seller remains nonetheless liable (see � 2.6.4., supra). The judge cannot reduce, even partly, the damages owed by the seller on account of that latter accident. The loss is attributable to the seller's failure to provide adequate accident-proof packaging. 2.6.7. - It is impossible to enumerate all the events that constitute an impediment according to Article 79. At the utmost, one may refer to the traditional categories of force majeure, i.e., natural catastrophes (e.g., earthquakes, storms, etc.) and of the fait du prince which is gradually extending on account of the greater interference of States in international commercial relations (e.g., embargo, blockade, war and, more recently, export prohibitions). The various systems of licences and permissions will no doubt give rise to delicate problems: is it possible to regard the refusal of a licence as an unforeseeable event? It all depends on the circumstances of the case. If the refusal were foreseeable at [page 583] the time of the conclusion of the contract the party in charge of obtaining the licence should have arranged the insertion of a clause relating to the consequences of refusal. Finally, acts of man such as strikes, thefts and accidents of all sorts may also be regarded as impediments. It must be noted, however, that a war or a strike does not, in itself, exonerate the defaulting party from his obligations. The event must meet all the requirements examined above. A given event, e.g., the closure of the Suez Canal, may thus be considered as an instance of force majeure or frustration in one case and not in another depending on the time of the conclusion of the contract, the nature of the goods, etc. This discussion demonstrates how subjective the notion of impediment is and illustrates the freedom left to the judge in deciding whether a particular event meets the requirements set forth by Article 79(1). 2.7. - Article 79(2) deals with the special case of non-performance by a third party engaged by the defaulting party to perform the whole or part of the contract. This is a novel provision since ULIS contained no similar rule. It is the response to the increasing development of sub-contracting. The term sub-contracting, used in the initial draft was finally deleted as some legal systems ignore it while others use it in a specific sense. It was replaced by a paraphrase: the performance of the contract by a third person engaged by one of the parties to the contract. 2.7.1. - The conditions set forth in Article 79(2) are restrictive. First of all, the sub-contract must really exist, i.e., there must be an organic link between it and the main contract. The defaulting party must have asked a third person to perform some task connected with the main contract and the latter should know that his action is a means of performing the main contract. The solution provided by Article 79(2) can only be justified by the link which binds the two contracts. A different solution would prevail if the sub-contractor were a branch (établissement) of the same firm. The default of the �third party� would not be �beyond the control� of the non-performing party and one of the conditions set forth in Article 79(1) would therefore not be fulfilled. The sub-contractor must be legally independent of the party to the main contract. This condition may give rise to delicate problems of interpretation in the case of subsidiaries that are wholly owned by the mother-company. Another problem of interpretation arises in the not infrequent term of international sale contracts under which the buyer imposes a sub-contractor upon the seller (a local firm for instance). Has the sub-contractor been really �engaged to perform�? The answer must be in the affirmative. The sub-contractor, though not chosen by the seller, has been accepted by him as part of the bargain and he is under the technical control of the seller. The task performed by the third party must relate to the performance of the particular contract only. The general supplier of goods or raw materials is not a third party according to Article 79(2), as his task is to provide products for a wide range of purposes to a wide range of clients (see Secretariat's Commentary, Official Records, I, 56). These materials moreover often constitute fungible goods, the destruction of which cannot, as a rule, lead to exemption. The assignment of these goods to a specific purpose creates the link without which Article 79(2) is inapplicable. 2.7.2. - Exemption may thus only be attained if the requirements set forth in Article 79(1) are fulfilled with regard to both the main party and the sub-contractor. The main party will generally have to prove that he engaged a competent and capable sub-contractor; otherwise the impediment [page 585] will be deemed neither unforeseeable nor beyond his control. The bankruptcy of the sub-contractor will seldom give rise to exemption as insolvency is not generally regarded as an impediment. To sum up, it appears that non-performance of a third person will seldom lead to the exemption of the party to the main contract; that party will remain liable for the failure to perform, as the guarantor of the sub-contractor's activity (nothing, however, should prevent him from initiating an action against the third party). 2.7.3. - The party seeking exemption has the burden of proving that the requirements set forth in Article 79(1) are met. This is the case also if the failure to perform is due to the failure of a third party. The sub-contractor remains a total stranger to the action. This situation may be detrimental to the plaintiff as his own exemption depends on whether or not the sub-contractor is exempt from liability. Separate trials may lead to a somewhat paradoxical situation: the party to the main contract, though unable to prove the existence of the impediment in an action against the other party, may be able to demonstrate its occurrence in an action against the sub-contractor. This situation inevitably follows from the principle known in French as autorité relative de la chose jugée (binding effect of judicial decision in relation to the parties). This handicap may be overcome by joining the two actions. The means of proof are governed by the law of the forum. 2.8. - According to Article 79(4), the defaulting party must give notice to the other party of the impediment so as to enable the latter to take all the steps necessary to overcome the consequences of the failure. Although no such provision existed in ULIS, this rule was probably implied in the principle of good faith. It is in any event in harmony with international practice and is often the subject of a particular clause in the parties' agreement. Thus only a few points deserve emphasis. The duty to notify exists only when the occurrence of the impediment is certain, not when it may still be avoided (although it may be difficult to determine what is and what is not avoidable). [page 586] The defaulting party must notify the other party of the impediment and its probable consequences, i.e., he must indicate whether the non-performance is partial or total, temporary or definitive, etc. According to the Secretariat's Commentary (Official Records, I, 56), the duty to notify also extends to the situation in which a party intends to perform the contract by furnishing a commercially reasonable substitute. This affirmation is subject to criticism (see � 2.4.2., supra). A party is indeed under no obligation to accept a mode of performance at variance with the stipulations of the contract. Furthermore, the notice must reach the party to whom it is addressed within a reasonable time after the party in default �knew or ought to have known of the impediment�. By providing that the notice be �received� within a reasonable time the article adopts the theory of receipt, thus placing the risk of the transmission on the defaulting party. The solution is in harmony with the provisions of the Convention relating to offer (Article 15) and acceptance (Article 18(2)), although it deviates from the general rule set forth in Article 27. If the notice has not been given or received within a reasonable time, the defaulting party is liable for damages. It should be noted that the damages for which the latter is liable are only those which result from the failure to give notice as opposed to those which follow from the non-performance of the contract. The former will, in effect, often constitute an additional charge for the defaulting party as the other party will have been unable to take the steps necessary to alleviate the consequences of non-performance. The impediment which makes one party to the contract unable to meet his obligations may also bear on the notification, e.g., in the case of a general strike that paralyzes the manufacturer's factory and the postal service as well. In such a case, of course, the non-performing party will not be liable for the failure to give notice if the requirements set forth in Article 79(1) are met. 2.9. - The effects of the exemption are described in Article 79 in a most obscure and even contradictory way. The title of section IV is of no avail: exemption from what? The principle set forth in paragraph (1), which is copied from Article 74(1) of ULIS, is worded in very general terms: the party �is not liable [page 587] for a failure to perform�. Paragraph (5), however, is an innovation and appears to restrain the effects of the exemption to one remedy alone: damages. As for paragraph (3), it provides that the exemption has effect only for the period during which the impediment exists. The gaps in Article 79 also raise problems. The text deals with temporary non-performance but provides nothing concerning partial performance. It considers the non-performance of one obligation but remains silent as to the consequences of the non-performance on the contract as a whole. Finally, it must be noted that this text is not binding and that, in practice, the parties often stipulate means of redefining the terms of their agreement in the event the performance is jeopardized, e.g., by providing an obligation to renegotiate and by entrusting the adaptation of the contract to a judge or to a third person. To clarify this issue, three types of situations must be distinguished: those in which the solution is certain; those in which the failure to perform is total and definitive; and those in which the failure to perform is partial or delayed. 2.10.1. - Exemption from liability for damages is certain because it is explicitly stated, although in a negative form, in paragraph (5). The party who fails to perform a contract owing to an impediment that meets all the requirements set forth in paragraph (1) is not liable for damages. The term �damages� must be interpreted widely. It designates all damages, regardless of their proper denomination: dommages-intérêts compensatoires (damages), dommages-intérêts moratoires (damages for over-due performance, interests on damages), direct or consequential damages, etc. This solution is not subject to controversy; the granting of damages to one party presupposes the liability of the other party. The question as to whether the failure to perform exempts the defaulting party from paying a sum stipulated in the contract (either in the form of liquidated damages or penalties) is a matter of domestic law (see Secretariat's Commentary, Official Records, I, 55). The answer depends, in effect, on the interpretation of the clause. If the sum is due in lieu of damages, it will have to be set aside. Furthermore, the exemption of a party does not prevent the other party from claiming remedies (including damages) as a result of the non-performance of any other obligation. This solution follows from the requirement of a cause-effect relationship described above (the non-performance must be due to the impediment). Thus, if non-conforming goods are delivered with delay on account of some impediment, the buyer will be able to claim every remedy normally available in cases of non-conformity. Beyond these incontrovertible points, Article 79 raises considerable problems of interpretation. The nature of the non-performance is then decisive. 2.10.2. - The restrictive interpretation of paragraph (5) according to which the defaulting party is exempted only from liability for damages -- is least acceptable when tbe non-performance is total and definitive (definitive non-performance is defined in � 2.10.4., infra). The right of the injured party to claim [page 589] specific performance or avoidance does not make sense any more. Specific performance is, by definition, impossible and avoidance useless (see, however, HONNOLD, Uniform Law, 427, who states without further justification that �the right to avoid the contract is not impaired�). The consequences of an inescapable event cannot depend upon the will of the parties. If, for instance, an American museum buys a work of art in France for exhibition in the United States and delivery is rendered impossible by some regulation prohibiting export, the seller could hardly claim the price since he would not be in a position to deliver the work. If the aggrieved party does not declare the contract avoided, this contract would have nonetheless disappeared. In this case, it disappears by operation of the law. However, the consequences of avoidance, as declared by the aggrieved party, and of termination due to impossibility are not so different. Yet the time of the disappearance may be different: in the case of avoidance, the contract ends at the time of the declaration; in the other case, it ends at the time of the event. This solution prevails in many countries (see � 275 of the Federal Republic of Germany's Civil Code and French case law relating to Article 1184 of the Civil Code, which is traditionally referred to in this matter). 2.10.3. - Partial non-performance supposes that the impediment affects only part of the main obligation or an accessory obligation and that the contract may still be performed. Article 79(5) leads to less absurd results in this case. As opposed to the situation in which the failure to perform is due to one party, the other party can neither claim damages for the non-performance of part of the contract nor specific performance. But Article 79(5) may be regarded as implicitly, although awkwardly, referring to a provision on breach of contract, namely that which allows a party to declare the contract avoided if the failure to perform amounts to a fundamental breach. Partial performance may indeed be of no interest to the injured party. The rigidity of the system (termination or status quo) contrasts with the solution that German courts and French administrative tribunals have imagined with regard to Wegfall der Geschäftsgrundlage and imprévision (also adopted by the Italian -- Articles 1467 to 1469 -- and Greek -- Article 388 -- Civil Codes) which authorize, or at least encourage, the adaptation of the contract by the judge. Article 79(5) applies indifferently to the buyer or to the seller (�either party�). If the buyer, in the above example, refuses to take delivery of the goods, the seller can either compel the buyer to take delivery or regard his attitude as a fundamental breach of contract. He must also account to the seller for all benefits which he has derived from the goods or part of them in case of restitution (Article 84). 2.10.4. - If the performance of the contract is only delayed by some impediment, Article 79(3) provides that the exemption is temporary and has effect only for the period during which the event exists, meaning that the buyer is not liable for damages for over-due performance. This provision contrasts with Article 74(2) of ULIS which granted definitive exemption when late performance amounted to non-performance. Article 79(5) nevertheless leads to the same result, as over-due performance may be deemed a fundamental breach that enables the injured party to declare the contract avoided. When �time is not of the essence� of the contract and performance becomes possible, the injured party may claim any remedy, including damages, except for damages for over-due performance. 3.1. - Under some legal systems, an unforeseeable change in circumstances which renders the contract more difficult, but not impossible, to perform may entail the avoidance or even the revision of the contract. These domestic theories, called imprévision, frustration of the venture, impracticability, Wegfall der Geschäftsgrundlage, eccessiva onerosità sopravvenuta, etc. must be compared with the system of Article 79. The issue is of [page 591] importance as the judges may feel tempted to rely on these rules rather than on the rules of the Convention. The question as to whether Article 79 covers such unexpected events is debatable. As previously noted, the English version of Article 79, as opposed to the French text, may be (wrongly) construed in favour of the theory of imprévision. Unfortunately, the travaux préparatoires are of no avail on this particular point. The 1956 Report of the Hague Conference special Commission (38-39) tried to bypass the difficulty by referring to the intention of the parties (or, more precisely, to what would have been the intention of persons of the same rank and quality as the parties had they been placed in the same circumstances). This approach would have, however, reinstated the principle rebus sic stantibus and maintained a variety of solution because not all legal systems acknowledge such a principle. The adaptation of the contract by the judge is not expressly allowed in the Convention and must therefore be regarded as impossible. The only remedy available is avoidance. The insurmountable character of the impediment is moreover defined rather strictly even though it is submitted to the requirement of reasonableness. The borderline between impracticability and a reasonably insurmountable impediment is, of course, uncertain. But if the Convention appears to refer to a more flexible standard than that of traditional force majeure, it is undoubtedly stricter than frustration or impracticability (see concerning force majeure and frustration, NICHOLAS, Force majeure and frustration, 233 et seq.; see also the overall studies of ZWEIGERT-KÖTZ, Introduction to Comparative Law, Amsterdam (North-Holland Publishing Co.), 1977, II, 187-207 and DAVID, L'imprévision dans les droits européens, Mélanges A. Jauffret, 1974, 212-229). Article 79 thus constitutes an autonomous system in line with, although not as strict as, the rather rigorous Roman-German system. The Convention does not favour very easy exemption for non-performance. A more flexible approach would have been unacceptable to developing countries because imprévision generally operates to the advantage of the most powerful party. Moreover, it would have been regarded by socialist countries as incompatible with their planning policy. 3.1.1. - Two categories of domestic laws must be distinguished. In the first one, the notion of impossibility (in its wider sense) exists and covers both impossibility (defined strictly) and unforeseen but surmountable contingencies. This is, roughly speaking, the position of the common law for which the notion of �frustration of the venture� comprises both supervening impossibility (Act of God) and imprévision. Paragraph 2-615 of the United States Uniform Commercial Code, which refers to the intention of the parties, adds nothing to the discussion. But, Restatement Second on Contracts (�� 261 and 265) (see FARNSWORTH, Contracts, Toronto-Boston (Little, Brown and Company), 1982, 690 concerning the consistency of these two texts) illustrates this unitary trend by resorting to the notion of �impracticability� which covers impossibility and frustration (and which also gives the judge a regulating power, as opposed to the common law rule). This extensive approach must not, however, influence the judge with regard to Article 79. This text embodies an original conception which is wholly independent of the notions of frustration and impracticability. This solution is unacceptable. The principle of good faith must not be used to bypass explicit provisions of the Convention. Article 79 adopts an intermediate solution which ensures both contractual justice and the security of transactions. Furthermore, the notion of good faith is practically of no avail to the judge. If it were to be regarded as the legal basis of the theory of imprévision in international sales, harmony would be jeopardized and the aim of the Convention, as stated in Article 7(1) would not be attained. The dualistic approach involves another danger. One could argue on the basis of the distinction between impossibility and imprévision that the latter issue is not �expressly settled� by the Convention and should therefore be governed by the law designated by the conflict-of-laws rule. This approach is, however, unsatisfactory. First of all, the question as to whether this issue is in effect settled by the Convention is debatable. It is clear, especially in view of the travaux préparatoires, that the Convention has opted for a unitary conception of exemption and has thus set aside the theory of �changed circumstances� (even if this choice may be criticized). Moreover, this approach would preclude uniformity. And uniformity would be jeopardized if the restrictive theory of Article 79 existed side by side with the various domestic theories, some of which acknowledged imprévision, although subject to varied conditions, and some of which reject it. Article 79 would become practically useless in the systems which acknowledge imprévision. 3.3. - The view has been expressed (HONNOLD, Uniform Law, 434) that the judge should adopt a �comparative law approach� and examine the �prevailing patterns and trends of modern domestic law� insofar as they are consistent with the necessities of international commerce. This author emphasizes �a special value of legal trends that reflect a careful rewording and modernization of traditional and archaic legal concepts�. This approach is subject to criticism. It might, indeed, arouse the nationalism of judges as every lawyer is inclined to believe that his law is the best and that �traditional and archaic concepts� exist only in other laws. The �special value� rule would thus eventually lead to the application of domestic laws.

2019-04-25T16:34:53Z

http://www.cisg.law.pace.edu/cisg/biblio/tallon-bb79.html

Inland lakes constitute one of our greatest natural resources. They are immensely popular features, particularly as recreational community developments. Waterfront property has become so popular that in recent years the demand far exceeds the supply. Unfortunately, as a result of increased population growth, intensified use of surface waters, exploitation of shoreline properties, and other human pressures, inland lakes increasingly are being threatened. Declining water quality, nuisance algae blooms, excessive weed growths, deteriorating fisheries, sediment infilling, eutrophication, contamination, shoreline erosion, water-use conflicts, impaired scenic qualities and depreciating property values are common problems being experienced by lake property owners as a result of human activities. These and other critical problems are avoidable. Inland lakes can be managed successfully and protected or restored. But those who do so must understand the natural processes of the lake environment and be sensitive to its complexities and delicate balance. Successful preservation of any high-quality, multi-purpose recreational lake is contingent upon (1) gathering essential baseline information concerning the existing conditions of the specific lake, (2) formulating a comprehensive lake management plan based on reliable scientific data, and (3) implementing proper lake management techniques based on known facts. An initial lake survey will provide the necessary information about the current state of the lake, the selection of adequate lake management methods, answer specific questions, resolve significant controversies, and serve as a basis for future lake management policy decisions. surface-water use conflicts such as disagreements among fishermen, swimmers, powerboaters, and water-skiers. All of these problems will increase in severity because the amount of surface water of most lakes is fixed while the human pressures upon the lake surface waters is increasing as the number of lake lot owners grows and usage is heavier. None of the three fundamental types of lake problems are mutually exclusive. For example, physical damage (i.e. erosion) to the lakeshore caused by excessive powerboating can increase sedimentation and turbidity and reduce water quality. Because shorelines act as a buffer between water and land, absorbing the pressures of use, trapping nutrients, and retarding erosion, protecting shorelines must be addressed in a lake management plan. Also, just as shore lands have an optimal development density, the lake surface has a limited carrying capacity. Both the physical and psychological interference conflicts that arise among swimmers, boaters, water-skiers, divers, and fishermen must be considered in a comprehensive lake management plan. The principal water-quality problems encountered in lakes come from the processes of eutrophication, sedimentation, and contamination. Eutrophication is the process by which lakes are enriched with nutrients, essentially phosphorus and nitrogen. Sedimentation is the deposition and accumulation of both organic and inorganic matter in lake bottoms. Contamination is the process by which a health hazard is created when harmful substances are added to a lake. This classification of water-quality problems draws somewhat arbitrary distinctions. These three processes are not mutually exclusive; for example, soil sediments carried into a lake from erosion and runoff not only cause sedimentation but also can transport absorbed nutrients or toxic substances causing eutrophication and contamination problems. The term eutrophication refers to the natural and artificial addition of nutrients to lake waters and the effects of these added nutrients. Eutrophication is an aspect of lake aging; it is a process that increases the rate at which lakes disappear or become unsuitable for human use. Although many lakes naturally are destined to extinction, unwise land and water uses greatly accelerate this aging process. Human activities, which introduce excess nutrients and other pollutants, often termed cultural eutrophication, greatly accelerate this process. The problem is critical in most recreational lakes because of increased population growth, excessive surface-water uses, intensive lake basin development, and greater exploitation of shoreline properties. Eutrophication results in the deterioration of water quality. Lake waters and bathing areas that were once clear, pure, and refreshing become murky, turbid, coated with algae slimes, and choked with aquatic weeds. Desirable sport fish decline in numbers and size and may taste "off-flavor," and the species composition shifts toward less desirable trash fish such as carp. These are the obvious characteristics of a eutrophic lake. More commonly, the indicators of eutrophication go unnoticed by the casual observer. However, subtle changes in the abundance of aquatic organisms, shifts in species composition, and the appearance of polluted-water life forms allow skilled lake scientists to determine rate of change and predict changes. Man-made eutrophication, in contrast to natural eutrophication, is rapid, but can be reduced or reversed by restricting or limiting the rate of supply of nutrients to the lake. Lakes are enriched by nutrients that come from two kinds of sources. Nutrients, which enter the lake, concentrated at a specific location such as upstream sewage treatment plants, canneries, dairies, paper mills, feedlots, and storm drains are referred to as point sources. These sources readily are identified, concentrated, and, therefore, easier to treat. Unfortunately, most recreational lakes are affected by non-point sources such as nutrient-rich runoff from agricultural fields and pastures, fertilized lawns and gardens, leaf litter, and groundwater or rainfall, and seepage from septic tank systems - all high in nutrients. These diffuse sources are much more difficult to pinpoint and to treat. The filling of lakes by soil sediments (sedimentation) is part of the slow, natural aging process of lakes, taking thousands of years. When enhanced by human activities, rapid sedimentation can result in a lake's premature death. Soil sediments entering a lake can originate from within the lake itself and from external sources. Poor agricultural practices, highway construction, logging, and land development activities contribute sediment inflows and threaten nearby lakes. Within the lake basin, erosion caused by excavation and deforestation on steep shoreline slopes and wave action cause shoreline erosion, furnishing sediments to be transported and deposited elsewhere in the lake. Sedimentation makes the lakes shallower, decreasing the volume of water and, thereby reducing the amount of surface water available for recreation. In addition, sedimentation, promotes water loss and higher evaporation rates, depreciates riparian property values, increases water temperature, depletes oxygen supplies, and causes fish kills. Man-made lakes (reservoirs) often are created by damming streams and backing the waters into stream valleys. These main-stream impoundments often fill up with silt and sediments at a much faster rate than natural lakes that periodically are flushed of their sediments by strong floods. Artificial lakes, in effect, serve as sediment basins, trapping the eroded soil sediments by sharply reducing the inflowing stream's velocity and, therefore, its capacity to transport sediment loads. Eroded soil sediments suspended in flowing waters rapidly settle out and fall to the bottom in standing waters. Sedimentation dramatically reduces the effective life span of mainstream impoundments. Proper land-use practices, which prevent soil erosion and limit the input of both sediments (sedimentation) and nutrients (eutrophication), are essential in inland lake management. The most fundamental objective of watershed management and lake preservation is to keep the soil on the land. Eroded soil sediments not only serve to transport weed growth-stimulating nutrients but also reduce the average depth and volume of lakes. It is much easier to limit sedimentation and prevent eutrophication than it is to remove excessive sediments and nutrients once they have entered the lake. species composition, age structure, growth rates, feeding habits, and physical condition of the sport-fish populations. The morphometry (size and shape) and bathymetry (depth relationships) of lakes are fundamental physical factors that regulate many physiochemical and biological events occurring within lake basins. These physical dimensions of a lake, together with climatic and edaphic (soils and geology) factors play a major role in determining the water quality and trophic status of lakes. Drainage patterns, flushing times, thermal stratification, the distribution of dissolved gasses, aquatic life, and many other factors, which govern the productivity of lake ecosystems all are markedly influenced by morphometric and bathymetric attributes of a lake. Some lakes are relatively long and narrow, some are tree-like (dendritic) in shape, and others are nearly circular. The tree-like shape provides an extensive amount of shore land that is desirable for recreational lake developments. Numerous shallow coves and a highly irregular shoreline margin account for a relatively high shoreline development index. Most main-stream impoundment lakes are shallowest at the inlet and deepest at the dam. Areas and volumes of lakes, which are useful numbers in calculating liming, herbicide, and other chemical treatments, can be measured accurately with a bathometric map. Knowledge of the size of the drainage basin and the types of land use in the watershed (agricultural, forest, fields, urban development) are important variables that relate to water quality and the turnover time of water in a lake. Light penetration or transparency is a measure of the depth to which light can penetrate into the water. Transparency is useful in determining the depth of photic zone - the depth to which sufficient light to permit the survival and growth of water plants. The minimum intensity of subsurface light that permits photosynthesis is one percent of the sunlight striking the surface. Thus, the photic zone (plant-life zone) extends from the water surface to the depth at which 99 percent of the surface light has been filtered out. Light penetration, as measured by a Secchi disc, is expressed as the depth at which the Secchi disc disappears when viewed vertically from the shaded side of a vessel. Although Secchi disc transparency is a function of many factors including water color, suspended and dissolved solids, phytoplankton and zooplankton abundances, it serves as a convenient index of water clarity. In clear, oligotrophic waters, Secchi disc visibility is high and water plants grow to great depths. In contrast, in turbid, eutrophic waters Secchi disc transparency is low and plant life is restricted to relatively shallow waters. Observed Secchi disc readings in natural lakes may range from 1 inch to over 130 feet (40 meters) in depth. Seasonal changes in Secchi disc transparency values correspond to high suspended-sediment inflows and a spring phytoplankton pulse. The midsummer period of maximum light penetration may correspond with maximum zooplankton concentrations, suggesting that grazing by herbivorous zooplankters may, in part, be responsible for increased water clarity. Frequently a down-lake water clarity gradient is observed as a result of high loads of suspended sediments in inflowing waters. For comparative purposes, Secchi disc transparencies often are converted to vertical light extinction coefficients, which represent the ratio of the photic zone depth to the Secchi disc transparency. A constant of 1.7 (Cole, 1975), which, when divided by the Secchi disc transparencies, provides reasonable estimates of the vertical light extinction coefficients. Light extinction coefficients for natural lake waters range from 0.2 for clear oligotrophic lakes to about 4.0 in highly stained eutrophic lakes (Wetzel, 1975). Light extinction coefficient ranges for lakes of varying trophic status provided by Likens (1975) are: ultraoliogotrophic (0.03 - 0.8), oligotrophic (0.05 - 1.0), mesotrophic (0.1 - 2.0), and eutrophic (0.5 - 4.0). Secchi disc transparency values provide a useful index for evaluating water clarity. Water clarity not only is important in an aesthetic sense to those recreational lake users who prefer clear waters, but the amount of light penetrating into the lake is a major regulating factor that controls aquatic plant production. Clear lakes with high light-transmission values are conducive to water plant growth provided adequate nutrients are available. In general, the relationship between Secchi disc measurements and the depth to which aquatic plant life can exist (photic zone to one percent of the available surface light) is approximately three times the average Secchi disc value. For example, in Lake Caroline with an annual mean Secchi disc value of 3 feet, the maximum depth to which aquatic plants would be expected to grow is 9 feet. It is important to note that just as clear water does not necessarily indicate clean (unpolluted) water, turbid water is not always representative of polluted water. Lake waters contain inherent colors caused by dissolved humic acids and other substance, which cannot be removed by any practical technique. Turbidity is a measure of the waters optical properties resulting from the scattering and absorbing of light by suspended particulate matter. The amount of turbidity or degree of opaqueness of lake water depends on the size, shape, refractory indices, and concentrations of suspended particles. Particulate matter may be organic (phytoplankton and zooplankton) or inorganic (colloidal clay and silt). These suspended particles may originate from within the lake itself (autochonous matter) or from an external source (allochthonus matter). Both contribute to the total quantity and quality of lake turbidity. Turbidity largely is responsible for water color and light penetration. Athough high water turbidity seldom is directly lethal to fish and other aquatic life, excessive turbidity leads to low productivity and poor fish growth. Highly turbid lake waters decrease light penetration, limit photosynthesis by microscopic green plants (phytoplankton), and reduce the abundance of aquatic animals (zooplankton and insects) that feed on these tiny plants and, in turn, serve as important fish food organisms. Ultimately, growth and reproduction of sport fish are inhibited. In addition, turbid waters not only are much less aesthetically pleasing than clear lake waters, they frequently are unsuitable for domestic use. Turbidity serves as a useful index to water quality. Turbidity values, in formazine turbidity units, for natural lake waters range from 0 in very clear water to 100 or more in highly turbid water. The color of lake waters may range from clear blue through green to yellow-red to brown and include all of the intermediate hues created by a combination of these colors. The observed color of lake waters consists of unabsorbed light reflected upward from the lake surface. Absolutely pure water absorbs all light, reflects none, and therefore appears black. In contrast, white water results from the reflection of all light rays; no light is absorbed. Natural lake waters seldom, if ever, appear pure black or white since they contain both living and dead, dissolved and suspended materials that both absorb and reflect varying parts of the visible light spectrum. Most lake waters appear blue, blue-green, or green due to the molecular scattering of light by water molecules in motion. Light in the shorter wavelengths (blues and greens) is scattered more (absorbed less) than that of the longer wavelengths, hence the dominance of blue or green colored natural lake waters. With increasing amounts of suspended and dissolved matter, particularly humic substances, yellow, red, and brown colors become more apparent. An infinite variety of dissolved and suspended, living and nonliving materials contribute to the color of natural waters. Suspensions of inorganic materials such as calcium carbonate in marl lakes, clays in turbid lakes, or sulfur and iron compounds in volcanic lakes, account for greenish, yellowish, yellowish-green, and reddish tints, respectively. The dark brown color of bog, swamp, and marsh waters is due to dissolved humus (organic carbon) materials derived from decomposing leaves and soil substances washed into surface waters. Living organisms, notably blooms of blue-green algae, green algae, and diatoms often impart blue-green, green, and yellow-brown colors to the water. Blood-red lakes may temporarily result when purple-sulfur bacteria, brine shrimp, euglenoids, or dinoflagellates (as in the red tide) reach exceptional densities. Water color provides a useful qualitative index of certain limnological phenomenon and lake productivity. In general, oligotrophic (nutrient-poor) lakes with low amounts of suspended materials are characteristically transparent and blue in color. In contrast, highly productive eutrophic (nutrient-rich) lakes with large plankton populations typically appear yellow-green to yellow or brown in color. The ability of the human eye to discriminate colors is highly variable and subjective. Indeed, color-blind individuals may not distinguish some colors at all. In addition, human visual memory is very poor in comparison to auditory memory. Thus, it is sometimes useful to distinguish the apparent (observed) color of lake water from its true (specific) color. The apparent color of lake water is not only a function of materials suspended and dissolved in the water itself, but it also is influenced by external environmental conditions such as the colors of the sky, the cloud cover, the lake bottom, the shoreline soil, terrestrial and aquatic vegetation, the quality of incident light, and other factors, all of which may change with the time of day as well as the seasons. On the other hand, the true color of lake water results only from dissolved or colloidal substances in the water itself. The true color of lake water is determined by comparing the color of a water sample, after it has been filtered or centrifuged to remove any suspended substances that may contribute to its apparent color, with a standard color scale. The most widely used comparative color scale is based on platinum-cobalt units. The scale ranges from low P+ units in very clear lake water to over 300 P+ units in very darkly stained bog waters. Water color is not always uniform with depth, or constant through time. A single lake may have highly colored surface waters and very transparent bottom waters or vice versa. Similarly, the color of a lake may change daily or seasonally. For example, heavy rains accompanied by extensive surface runoff can contribute high loads of suspended sediments, which may rapidly alter the color of the water. Massive algae "blooms" temporarily may impart certain colors to a lake. Thus, variations in physical, chemical, or biological phenomena of lakes may alter the water color of a given lake through both depth and time. Specific conductance is a direct measure of the water's capacity to conduct an electrical current and an indirect measure of the total dissolved mineral content of the water. Conductance is the reciprocal of electrical resistance. The ability of electrons to flow through water is related to its dissolved ionic content (salinity). For example, as water becomes purer, its salinity decreases, its electrical resistance increases, and its specific conductance decreases. Specific conductance, then, provides an indirect measure of the total dissolved-mineral content and serves as a useful index of water quality and the trophic status of lakes. Conductance is normally expressed as micromhos per cm at 25°C (77°F) (literally the reciprocal of resistance). In general, lake waters with low conductivity contain few dissolved salts, are usually clear, and nutrient poor (oligotrophic). In contrast, lake waters with high conductivities contain more dissolved salts, are often turbid, and nutrient rich (eutrophic). With the exception of nutrient-poor (oligotrophic) high mountain lakes, most lakes in Virginia fall into the mesoeutrophic category characterized by intermediate conductivities ranging from about 30 to 100 umhos. Water temperature (measure of heat energy) is a major regulator of physical, chemical, and biological processes occurring in lakes. The unique temperature-related properties of water, including its high specific heat, high latent heat of vaporization, and particular density-temperature relationships govern all life processes. Temperature not only plays a critical role in determining the types of aquatic life that can survive in a lake, but strongly influences spawning times, metamorphosis, and migration and it also controls the reproduction, growth, and development rates of all aquatic species. In general, warmer water temperatures accelerate living processes (chemical and biological reactions double for every 10°C [18°F] increase in temperature), while cooler temperatures suppress these processes. Most organisms have an optimum temperature range above and below which they become stressed, and at extreme temperatures, die. Water has several unique thermal properties that serve to protect aquatic life by minimizing rapid temperature fluctuations. Water, with a specific heat of one - one calorie of heat is required to raise the temperature of one milliliter of water one degree centigrade - has an enormous heat retaining capacity. Few other substances can match the capacity of water to hold heat. Because water both warms and cools slowly, aquatic environments are much more stable than aerial ones. This property of water also has a large influence on adjacent landmasses. For example, areas along large lakes experience moist, cool summers and mild winters as a result of water's high specific heat. Another significant thermal characteristic of freshwater is that it reaches maximum density at 4°C (39°F) - only a few degrees above the freezing point. Both above and below 4°C (39°F), water is less dense (lighter). Thus, water differs from most substances because it is denser as a liquid than as a solid. Ice, water in its solid state, floats! This important temperature-density relationship is fundamental to understanding thermal stratification and many of the associated phenomena that are observed in lakes. Thermal stratification refers to the vertical partitioning of lake waters into three independent layers or "strata" of dissimilar temperatures and densities that act as physical barriers preventing the complete circulation of lake waters. These three layers consist of: (1) a layer of warm, light (less dense) water termed the epilimnion (from epi, meaning on or upon); (2) a middle layer or metalimnion (from meta, meaning among or between) of rapidly decreasing temperature (the zone in which the temperature drops at the rate of at least 10 degrees per meter of depth); and (3) a cold, heavy (more dense) layer of bottom water called the hypolimnion (from hypo, meaning under or below the lake). Most swimmers, upon diving into a stratified lake on a calm summer day, have experienced this vertical temperature gradient. Thermal stratification is density stratification and if a thermal gradient exists so, by definition, must a density gradient. In general, the greater the differences in temperature and density between these layers, the larger the lake's resistance to mixing. In this manner, the thermal stratification of lakes strongly regulates physiochemical processes, particularly decomposition rates, nutrient availability, and biological production. Most lakes in the temperate latitudes of North America stratify twice a year, once in the summer (direct stratification) and once in the winter (inverse stratification); during the spring and fall these lakes typically are well mixed, isothermal, and circulate freely. Seasonal temperature-density fluctuations and local climatic conditions govern the extent and duration of lake stratification. Spring is the time when the lake waters, heated by solar energy and mixed by strong winds, have approximately uniform temperatures from top to bottom and circulate freely. As spring progresses, the upper waters heat rapidly, the winds subside, and less heat is transferred to the lower water levels. With increasing solar heating and decreasing wind-driven mixing, the upper waters become substantially warmer than the bottom waters and summer stratification develops. In the fall, as surface waters cool (become heavier [denser]), sink, and mix with the lower layers, the lake becomes uniform in temperature density and once again circulates freely. During the winter, as surface waters cool to freezing and ice cover eliminates wind-induced mixing, cold water near lies under the ice. Warmer (but denser) layers of water near 4°C (39°F) (maximum density) lie near the bottom. This situation is called winter inverse stratification. Sedimentation is a process that refers to the deposition and accumulation of both organic and inorganic matter in lake bottoms. Organic sediments are derived from living matter and represent an accumulation of plant and animal remains that settle to the bottom. In contrast, inorganic sediments are composed of nonliving materials and represent an accumulation of eroded soil sediments, particularly silt and fine clay particles. Lake sediments can originate from within the lake itself (autochthonous matter), or externally from the surrounding watershed (allochthonous matter). Both of these sources contribute to the total amount of lake sediments. Wind and wave-generated shoreline erosion can contribute large quantities of inorganic sediments that are redistributed elsewhere in the lake. Excessive sedimentation represents a serious threat to the water quality of inland lakes. It is an unfortunate irony that the very same agricultural soil that provides our life-supporting foods, when washed into waterways and carried into lakes, becomes one of our most destructive water pollutants. As high loads of suspended sediments are transported into lakes and begin to settle they: (1) fill in the lake basin making the lake more shallow, (2) reduce the amount of surface area, (3) decrease the water volumes and lake storage capacity, (4) clog water filters and intake pipes, (5) reduce water clarity and decrease light penetration, (6) increase water temperatures, (7) lower dissolved oxygen levels, (8) smother fish eggs and bottom-dwelling life forms, (9) stimulate nuisance algae blooms, (10) provide additional rooting sites for waterweeds, (11) promote fish kills, (12) inhibit recreational boating, swimming, and fishing, (13) impair the natural scenic beauty, and (14) depreciate property values. Sediment problems are particularly severe in artificial lakes formed by directly impounding rivers. These mainstream impoundments disrupt natural drainage systems and serve as settling basins for sediments. They are more susceptible to heavy sedimentation than are natural lakes. One of the most fundamental objectives of inland lake management is to keep the soil on the land and out of the lake waters. Proper land-use practices that prevent soil erosion and limit the movement of soil particles into lakes and their upstream tributaries are essential in controlling sedimentation. Virtually every activity that occurs in the lake watershed, including upstream agricultural practices, logging operations, road construction, and lakeshore property development, affects the lake. Land- and water-quality problems are, for the most part, inseparable. Lake sedimentation is largely a land-use problem. Reducing sediment yield from the watershed should be a major component in the planning and management of lake watersheds. Within the upstream watershed, wise agricultural and forestry practices such as: 1) strip cropping and contour plowing, 2) land grading and terracing, 3) efficient crop harvesting and the removal of crop residues, 4) installing soil stabilization structures and sediment traps, 5) prevention of overgrazing by livestock, and 6) maintaining shelter belts along this waterway will reduce sediment rates. The professional manager makes an effort to encourage wise land use by upstream property owners. Natural freshwater marshes and bog wetlands are a vital part of the lake watershed. Upstream wetlands have a major beneficial influence on lake water quality and quantity. These wetlands serve as natural pollution and sediment control systems by collecting sediments, trapping nutrients and fertilizers, and absorbing toxic contaminants and other materials running off the upstream agricultural lands. Wetlands serve as natural flood-control systems by regulating storm-water flows and, thereby, reducing flood damage. Erosion control barriers should be required during construction on lakeshore and upland lots. Several inexpensive erosion barriers, particularly earth, straw-bale, and cloth or plastic-mesh berms (similar to those used in highway construction) are very efficient in retaining soil on the site. Additional measures that can minimize construction-site runoff are: 1) Preserve the natural vegetation and maintain a green belt of native plants between the site and the shore or a drainage ditch running into the lake. Extensive lawns or "fairways" from the site to the shore are not appropriate in high-quality recreational lake developments. 2) Avoid open construction sites and lengthy construction times, 3) limit construction operations during periods of high rainfall. 4) Prohibit the use of topsoil fill or dredge operations, including boat dock construction activities. 5) Construct retention basins or drywells for storm drainage. In the past, both sanitary sewage and storm water drainage were discharged directly into lakes. Today, although nearly all sanitary sewage is treated before entering the lake, storm-water drainage is still ignored. Long considered harmless, surface water runoff from roads, roadway ditches, parking lots, and similar areas frequently is laden with nutrients, oils, heavy metals, and soil sediments. Storm sewers and drainage ditches that funnel sediments and other pollutants directly into a lake seriously can reduce water quality over time. An acceptable alternative to direct drainage into the lake is to divert contaminated runoff water around the lake, or into dry wells and artificial settling basins. The best solution to lake sedimentation problems is to prevent eroded soil particles from entering a lake in the first place. "Preventative" solutions are much easier, more efficient, and a lot less costly than "restorative" solutions used to remove sediments after they have reached the lake waters. While it is possible to restore badly sedimented lakes, the process is difficult, lengthy (usually years), and very expensive! Dredging, the physical removal of lake bottom sediments, is the most common method used to deal with excessive deposition of eroded soils and organic matter. Although dredging is the most direct way to remove unwanted sediments, it does not represent a solution to the problem. Lake dredging, in itself, can provide only temporary, cosmetic relief. There are many difficulties involved with dredging and careful consideration should be given, particularly to costs, disposal of the dredged materials, and the potentially adverse environmental impacts. Mechanical dredging is expensive, often prohibitively expensive. The costs are dependant on the size of the project, type of material to be excavated, purchase or lease of disposal areas, distance to the disposal site, and the availability of well-equipped dredging contractors. Moreover, dredge spoils often contain large quantities of absorbed nutrients and may contain other pollutants that could be released into the lake water during the dredging process. In addition, the dredging activity itself temporarily increases the amount of suspended sediments that threaten fish eggs and other relatively immobile forms of aquatic life. In some situations, mechanical aeration has been shown to reduce the organic portion of lake-bottom sediments. Aeration is also a valuable technique for improving general water quality and the aquatic environment for fish and other aquatic life. Small aerators placed in certain bays such as a "marina bay" would decrease the quantity of organic bottom sediments.

2019-04-23T23:57:11Z

https://www.pubs.ext.vt.edu/420/420-538/420-538.html

On Monday, 25th August 1958, at Eastbourne Station, at about 7.29 a.m., in the Southern Region, British Railway. The 7.45 p.m. car-sleeper express steam train from Glasgow ran past the home signal at Eastbourne at danger, and collided at a speed of about 25 m.p.h. with the 6.47 a.m. multiple-unit 12-coach electric passenger train from Ore to London Bridge, which was about to start from No. 4 platform under clear signals. This train reverses at Eastbourne which is a terminus station. The impact was heavy, and the steam engine ploughed into the leading coach of the electric train which was telescoped into the one behind it. Both vehicles were forced into the air and turned on to their sides on the platform as the train was pushed back over the short distance to the buffer stops. The leading coach struck and dislodged a heavy signal gantry above it as it rose in the air, but the gantry fortunately fell clear of the capsized coaches. The electric train was not heavily loaded and there were few passengers in the first 2 coaches; I regret to report, however, that 3 passengers and the motorman were killed, and a fourth passenger died in hospital from his injuries a few hours later. Twenty-two more passengers required treatment in hospital, though it was only necessary to detain five of them, and eighteen others were treated for minor injuries at the station. The damage to the passenger coaches of the steam train was slight and only one passenger received minor injuries. The emergency call for assistance was made without delay and there was a prompt response from the police and medical services, and from the St. John Ambulance Brigade and the Women's Voluntary Service. There was, however, a little delay in calling for the Fire Service which, as a consequence, did not arrive on the scene until nearly half-an-hour after the accident. I was advised by Mr. R. W. Walker, the Chief Constable of Eastbourne, that this was due to a misapprehension in the Police Station where the emergency arrangements were made. There was no question of fire but Mr. Walker considered that the trained efforts of the firemen with their lifting and cutting equipment would have expedited the freeing of the injured from the wreckage. The standing instructions have been amplified for guidance in the future. The Eastbourne Transport Department provided oxy-acetylene cutting gear and jacks from a depot near the station to help in freeing passengers, and the Corporation Information Service was put at the disposal of the Railway to collect information and deal with enquiries. The Corporation staff also organised refreshments for the passengers and for the rescue teams. The Post Office provided additional telephone facilities to the Railway and Lent a telephone operator to help in dealing with the many telephone messages. The circuit breakers on the power supply to the electrified line tripped automatically as a result of the accident, and power was cut off from the adjacent lines within a minute on receipt of prompt news of the collision by Electrical Control. The work of clearance and restoration necessitated the station being closed until 1.45 am. on the following day except for the evening car-sleeper train to Glasgow, and a special bus service was provided to carry passengers between Eastbourne and the temporary terminal points at Hampden Park and Polegate. The weather was stormy, with heavy rain squalls at times from the west. Eastbourne is a terminus station at the end of a short spur line from the South Coast route which runs through Brighton and Lewes and the junction at Polegate for Eastbourne, past Stone Cross which is the junction for Eastbourne for trains coming from the opposite direction, to Hastings and Ore, and on into Kent. The route from London to Eastbourne via Three Bridges joins this line at Lewes. As will he seen from the location plan the routes from East and West towards Eastbourne meet at Willingdon Junction just north of Hampden Park station. The distance from Polegate signal box to Eastbourne box is about 4 ¼ miles and from Hampden Park box, 1 ¾ miles. The alignment of the track for the last ¾ mile southwards into Eastbourne, which is the Down direction, is in a continuous right-handed curve as will be seen from the scale plan, and the gradient for the last 3 mile is slightly rising. The relevant Down line signals are the Eastbourne home signal, No. 3. 568 yards from the box, the Eastbourne distant signal, No. 2, 800 yards from the home signal, and on the same post as the Crumbles Intermediate home signal. No. 1; which is worked electrically from Eastbourne box, and the Crumbles Intermediate distant signal, worked with the Intermediate home signal and 800 yards from it. This last signal is 940 yards ahead of the Hampden Park Down starting signal. The Up line signals to which reference will be made, are Eastbourne No. 4 platform starting signal, No. 36, close to the box, and the advanced starting signal, No. 35, near the Down home signal. The Up Crumbles Intermediate home and distant signals are near the Down Crumbles Intermediate distant and home signals respectively. The Down line is track-circuited from Hampden Park starting signal to the buffer stops on all platform lines at Eastbourne, and track circuits extend on the Up line from Eastbourne to 200 yards past the Up Crumbles Intermediate home signal. The Down home signal, No. 3, is provided with a theatre type route indicator as it leads to any of the 4 platform lines, and it is fixed on a bracket arm cantilevered from the post to the left of the line as is shown by the sketch on the plan; there is a calling-on arm below it. The parapet of Whitley Road Bridge, immediately behind the signal post, is painted white to show up the calling-on arm, but the home signal can be seen above the bridge against a sky background from an approaching train. Because of the curvature it only comes into view from the driver's (left-hand) side of a B.R. Class 5 engine, the type involved in this accident, at about 128 yards range. From the fireman's side it can be seen 330 yards away, a longer view over the chord of the curve being prevented by trees outside the railway boundary. No. 4 platform, at which the 12-coach electric train was standing when it was struck by the incoming express from Glasgow, is 283 yards long and extends up to the signal box. It is bridged by a signal gantry at about 25 yards from the end, on which the starting signals for the other three platform lines are placed, but the starting signal for this platform line, No. 36, is a little further ahead, as the line does not extend as far as the others at the terminus end and the leading coach of a 12-coach train at the platform stands under the gantry. No. 36 signal leads to the Up Advanced starting signal, No. 35, by points Nos. 32 and 27 reversed and No. 18 points in the normal position which is for the crossover route, or by Nos. 15 and 10 reversed, which is the more usual route and the one set for the electric train on this occasion. Eastbourne signal box is of usual design with an elevated working floor 16 ft. 6 ins. above rail level, and it is equipped with a 72 lever mechanically interlocked frame with an illuminated diagram above it. Indicators are provided to show the position of all signal arms which cannot easily be seen from the box, including No. 3. The thorough mechanical interlocking between point and signal levers which necessitates the relevant point levers being correctly positioned and the conflicting signal levers normal in the frame before any signal lever can be pulled, is supplemented by electrical locking and detection which ensures that the points are properly set, the arm of the signal ahead is at danger, and the route is clear, before the signal lever is made free. So far as No. 3 Down home signal is concerned, the arm of the signal must be at danger and the lever normal in the frame before No. 1 lever can be pulled, and the route into No. 4 platform must be properly set, which includes No. 10 points normal, and the track circuits in the line to the buffer stops indicating clear, before the route lever (No. 4) and No. 3 signal lever can be pulled. As already mentioned the usual route for an outgoing train from No. 4 platform which was set on this occasion requires, amongst others, No. 10 lever to be operated before No. 36 signal lever is pulled. Block signalling between Hampden Park and Eastbourne is affected by 3-position instruments, and there are comprehensive block controls so that the Down starting signal lever at Hampden Park is released electrically by turning the commutator on the Down line instrument at Eastbourne to Line Clear. Before this commutator can be operated No. 1 lever and the arms of the Crumbles intermediate home and distant signals, and the arm of the Eastbourne distant signal, must be normal; in addition the track circuits up to, and 250 yards beyond, the Crumbles home signal must be clear. A Down train can be brought up to the home signal (No. 3) when the route is set for an outgoing train from No. 4 platform via No. 10 points, as the overrun of 268 yards beyond this signal is considered adequate in view of the moderate speeds of trains approaching this terminus station. The "Out of section" bell code is sent when a Down train has cleared the track circuit which overlaps the Crumble intermediate home signal. (c) The arm of No. 3 signal has to be at danger and the lever normal in the frame to release the electrical lock on No. 1 signal lever. The electric train consisted of two 6-coach units with connecting gangways in each unit. The leading coach was a "motor second brake" weighing 59 tons with the brake compartment immediately behind the motorman's compartment, and open type second-class accommodation; the second and third coaches were of corridor type weighing 35 and 36 tons respectively, and the fourth coach was a Pullman car weighing 43 tons. The last two coaches of the set were another corridor coach and a replica of the leading coach, with the motorman's compartment at the trailing end. The rear 6-coach unit was of similar composition to the leading one, except that it had a buffet instead of a Pullman car. Screw couplings were in use between all coaches. The weight of the train was 511 tons and the length over buffers 264 yards. The steam train was drawn by a B.R. standard class 5 engine with 4 - 4 4 wheel arrangement, and a 6-wheeled tender; it was fitted with the steam brake and combination valve which applies the brake when the train vacuum brake lever is operated, and it weighed 125 tons fully loaded. The driver's position was on the left hand side and the engine was equipped with a speedometer which is conveniently placed at eye level on the driver's side of the firebox. Glass windscreens were fitted outside the side windows of the cab. Behind the engine was a "brake second" coach which was fitted with side lookouts for the guard followed by an " open second." and three sleeping cars. Thereafter there were ten vans, some 4-wheeled, for motor cars and luggage; and a guard's van in rear. The passenger coaches were fitted with the direct admission valve which quickens the rate of application of the vacuum brake. The tare weight of the coaches and vans was 344 tons and the brake power available on the train was 75%, of the total weight including the engine of 469 tons. The length over buffers was 277 yards. The 6.47 a.m. electric train from Ore to London Bridge arrived four minutes late in No. 4 platform at Eastbourne at 7.25 a.m.; it was about to leave for London under clear signals when :he collision occurred at 7.29 a.m., four minutes after the booked departure time. The 7.45 pm. express train from Glasgow was running about six minutes ahead of the booked time as it approached Eastbourne station on the Down line. After passing signal No. 2 at caution and No. 3 at danger it burst through the trailing end of No. 10 points and then travelled over No. 15 crossover which was set for the outgoing route from No. 4 platform, past the signal box, and as already mentioned collided at a speed of about 25 m.p.h. with the electric train. The impact was such that the steam engine smashed the front of the leading motored coach and pushed the body off the bogies into the air against the signal gantry, which was dislodged and brought down. The rear end of the coach was at the same time forced into the one behind which it penetrated for about one-third of its length. The forward movement of the engine under the two, interlocked, coach bodies continued for 137 ft. beyond the point of collision, with the bodies rising in the air until they fell on their sides on to the platform. The two bogies of the first coach and the leading bogie of the second coach were carried forward in a jumbled mass by the engine. The electric train, which did not have the brakes applied, was pushed back about 16 feet over the sand drag and against the buffer stops, the full compression of all buffers allowing another 10 feet of movement at the London end of the train. Motorman C. Brock did not leave the driving compartment; he must have seen the steam train bearing down upon him only at the last moment, and he must have been killed instantly when the collision occurred. The main force of the collision seems to have been absorbed by the two leading coaches as the body of the third coach was not seriously damaged though the underframe was bent; most of the other coaches suffered some damage to underframes, head stocks and buffers, but little to the bodywork. The weight and constructional strength of the steam engine kept it close to the track alignment, though it became derailed. The front end and the smoke box were much damaged, and the bogie centre and support beam were fractured, and the motion and the right side of the main frame bent, but the boiler was more or less intact as was the cab. The leading wheels of the first coach were derailed and the coach was buffer-locked with the engine; interior damage to this coach was however comparatively slight, and the effect of the collision on the other passenger coaches also was small. There was much heavier damage at the rear end of the seventh vehicle, a bogie van, and the body of the eighth one, a 6-wheeler was riven and displaced from the frame. Appreciable damage was also suffered by the eleventh and twelfth 4-wheeled vans which were partially derailed, and had wrenched bodywork and bent buffers. The ninth, tenth and thirteenth vans were affected to a lesser degree, but the last 3 vehicles were intact. As already stated there were comparatively few passengers in the first 2 coaches of the electric train; evidence suggests not more than a dozen in each coach, otherwise the shock of the collision and the telescoping between the first two coaches must have caused many more casualties. The first of a number of ambulances arrived at the site at 7.33 a.m. and doctors arrived a few minutes later. The casualties were taken to St. Mary's Hospital and the Princess Alice Hospital, Eastbourne, where all preparations had been made for their care. Brief mention of help rendered by other Services has been made earlier. Before taking the evidence of railwaymen concerned with the collision. I asked Mr. F. J. Pepper, 1 the Carriage and Wagon Engineer, and Mr. J. Rodgers, the then District Motive Power Superintendent, brighton, who were present with me at the Inquiry, for their opinions about the speed of the collision based on the damage. Mr. Pepper thought that the speed would have been between 25 and 30 m.p.h. while Mr. Rodgers' estimate was between 20 and 25 m.p.h. These opinions matched my own and I assessed the speed of the collision to have been in the region of 25 m.p.h. Station Foreman C. R. Turk said that he was standing by the guard's compartment of the electric train near the buffer stops when he heard the express train approaching the station. He had seen the starting signal repeater which is half-way along No. 4 platform, in the clear position, and he knew that the points to the Up line must therefore be set for the outgoing route from this platform; he realised that a collision was imminent and he started to run towards his office without waiting for it to take place. The Police answered his telephone call at once and he left the emergency rescue calls to them in accordance with the arrangements here after stating the gravity of the accident; lie then continued with the necessary railway reporting and arrangements for special bus services. Guard S. W. George said that he had just entered the rear brake compartment of the electric train and was about to test the brakes, which were off, when the collision took place. He considered that the surge backwards of the train into the buffer stops was quite violent; it was enough to jam the door of his compartment. He said that during the run into Eastbourne from Ore the clouds had been heavy but visibility had been good. Porter T. Westgate had removed the tail lamp from the London end of the electric train; he passed the motorman as he began to walk back along the platform and exchanged a remark with him about the weather, which had eased somewhat from the stormy conditions of a little earlier. He was opposite the middle of the leading coach when he heard the express approaching; he looked round and saw that it was running hard into No. 4 platform and, as he said, ran for his life. Motorman G. J. Fitzgerald who had joined the electric train as a passenger at Hampden Park, was standing by the sixth coach when he saw the express train come under Cavendish Place Bridge and realised a moment later that it was running into No. 4 platform. He had an end-on view of the train and could not therefore judge whether it was running exceptionally fast or not. He said that it had been raining moderately at Hampden Park and was still raining when the collision took place. Both men applied themselves at once to rescuing the injured. Lengthman J. K. Falconer, who was standing outside the permanent way hut about 80 yards from the signal box towards Cavendish Place Bridge on the far side of the tracks, said that he saw the express train emerge from under the bridge and thought at once that it was travelling faster than is normal for trains on this part of the run in to Eastbourne. He did not hear a whistle before the crash. Carriage and Wagon Examiner, W. C. Jefferies, who was at his office not far from Falconer's position, also saw the express train approach, and was sure that it was running faster than normal. After the collision he examined the position of the brake pistons on the express train and noted that they were all in the "brake applied" position. Later, when the coaches were being removed, he released the vacuum in the upper part of the cylinder on some of them; he judged that the vacuum had been good. He did not hear the sound of brake blocks bearing on the wheels as the train ran in and he was sure that he would have heard it if the brakes had been fully applied. He described the weather conditions as a light drizzle at the time of the accident though the rain had been heavy previously. Signalman R. G. Vine was on duty in Eastbourne box. He is 59 years of age and is a special class "A" signalman. He has been at Eastbourne for the past four years and, at the time of the accident, was near the end of a 10-hour turn of duty. The extra two hours on this shift on Monday mornings is an approved arrangement for weekend relief, and he said that he was not unduly tired. Vine accepted the electric train from Hampden Park in the normal way and set the route and gave the signals for it to proceed to 4 platform. After it had cleared the track circuits connected with the Crumbles Intermediate home signal he restored Nos. 1 and 2 levers in the frame and gave Train out of Section; he then restored No. 3 lever as soon as he saw from the track circuit indicator that the train had passed that signal. He was offered the Glasgow train and accepted it at once and pulled No. 1 lever again for the Crumbles Intermediate signals as the line was clear to the over-run point beyond the home signal, No. 3. (Rule 39(a) of the Rule Book does not apply here.) In the meantime the electric train had arrived at No. 4 platform and Vine set the outgoing route for it to leave towards London and obtained Line Clear for it. He pulled the starting signal lever No. 36 and the advance starting signal lever No.35. He was quite sure that he had seen the indicator in the box show that No.3 signal arm had returned to danger when he restored the lever to the frame, and he said, quite correctly, that he could not have pulled No. 1 lever for the Glasgow train if No. 3 signal arm had remained off as the electrical locking would not have allowed it. Vine watched the track circuit indicators on his diagram as the Glasgow train approached, and gave "Out of Section " when it cleared the appropriate track circuits; he then saw the track circuit ahead of the Eastbourne home signal show " Occupied." He ran along the frame and restored No. 36 signal to danger and then went to the window with a red flag to try to attract the attention of the driver of the incoming train which was then coming through Cavendish Place Bridge. He also gesticulated to the motorman of the electric train and saw him crouch down. He did not see the steam train driver nor did he hear the engine whistle or any sound of a brake application before the collision. He confirmed that this sound could generally be heard from the box. Vine was sure that the train came in very fast and that the engine lurched as it travelled over No. 15 points. He said that it was not raining hard at the time though the rain had been heavy earlier on; the visibility was good. After the collision Vine took proper action to protect the lines which included placing the Down line block instrument at Train on Line, and arranged to have the traction power cut off. He replaced the Up advanced starting signal lever and the Up Crumbles Intermediate signal lever in the frame, but left the others untouched. Signalman J. Funnell, who was in Hampden Park box, confirmed Vine's evidence about the block working. He said that the Glasgow train was offered to Vine and accepted by him in the normal way; it passed his box under clear signals travelling at normal speed and he received Train out of Section for it shortly afterwards; he was waiting for Train Entering Section for the Up electric train when he was given the Obstruction Danger bell code. He then protected the Down line with detonators. Funnell thought that when the Glasgow train passed visibility was good and the rain was less heavy than it had been. Signalman E. A. Doswell, who was on duty in Polegate box that morning, said that the Glasgow train stopped at the station for about 2 minutes; it passed his box at 7.23 a.m. and he received "Out of Section" for it from Hampden Park at 7.26 a.m. The train is timed to leave Polegate at 7.26 a.m. after a halt there of 11 minutes, for operating reasons, but there is no objection to it departing earlier if the signalman is given Line Clear for it. Mr. M. J. Robinson, Area Inspector, Polegate, said that he arrived at Eastbourne signal box at 8.25 a.m. and checked the signal apparatus and the levers. He found all in order, with the appropriate point and facing point lock levers reversed and Nos. 3, 8 (the " calling-on " arm under No. 3), and No. 17 (a shunt signal on the same post), levers normal in the frame. The repeaters were showing "On" and the block indicator for the Down line was at "Train on Line." He then inspected Nos. 3. 8 and 17 signals and saw that they were at danger. Driver A. Wembridge was in charge of the 7.45 p.m. car-sleeper express steam train from Glasgow. He was nearly 63 years of age at the date of the accident, and he has been in railway service since 1919 when he was approved as a fireman after a few months' service as a cleaner. He was passed for driving duties in 1945 and was appointed driver in the following year. His headquarters had always been on the former Central Section, first at Brighton Depot and later at Battersea Park and Stewarts Lane Depots. He said that he was qualified to drive on most of the routes of the Central and Eastern parts of the Southern Region and that although he had not travelled over the Lewes to Eastbourne portion of the route from London since April, four months before the date of the accident, he was thoroughly familiar with it and knew the signals. From further enquiries I found that he had made a refresher trip between Lewes and Eastbourne two days before the previous occasion in April when he drove a train over it, as he had not been over the route for the previous 16 months. Refresher trips are a well-established procedure on the railway and drivers are expected to make them when the need arises. He had last certified his knowledge of the route on 2nd May 1958. Wembridge booked on duty at 3.40 a.m. at Stewarts Lane after a proper amount of rest, and drove the engine to Mitre Bridge Junction where his fireman coupled it to the Glasgow train after the other engine had been detached. He said that he had no difficulty in creating vacuum to 21 ins. on the gauge hut did not make a brake test as the driver of the other engine had told him that the brake was satisfactory; he noted from the gauge, however, that the guard had made a test. During the trip the brake worked satisfactorily and the engine ran well. The train was 12 minutes late on leaving Mitre Bridge Junction at 5.43 a.m. and there were some checks on the way, hut the timing is easy and the train reached Polegate Junction only 6 minutes late at 7.21 am. The signals were given for it to proceed towards Eastbourne 2 minutes later and Wembridge appreciated that he was then ahead of time. The stormy weather had not affected the running but he said that the front glass in his cab had been obscured by dirt and smoke and that he had to put his head out of the side window, which was fitted with a windscreen, to see the signals. "Then, when I straightened out, the obstruction was in view. I applied all my brakes hut there was not sufficient margin to act." He did not see the signalman in the box waving a red flag." Wembridge stated that be $as travelling at not more than 10 m.p.h. when the collision occurred, though he agreed that the damage caused was not consistent with this estimate of speed. He also admitted that his engine was rolling as it went through the crossover, which extends from about 200 yards to 120 yards from the signal box, where he assessed his speed to have been about 15 m.p.h., which is the permitted limit. Wembridge did not mention seeing the home signal until he was questioned about it. When asked whether he had definitely seen it, he said that he thought that he had seen it in the off position. He was not clear in his evidence but his explanation appeared to be that he was straining his eyes in the heavy rain and had visibility to see the home signal which only comes into view from the left hand side at short range, and that he must have blinked and have imagined that the signal was off. He said that after the accident happened he realised that he must have made a mistake. It was clear that the speed of the train was much too high as it ran into Eastbourne. I therefore asked Driver Wembridge a number of questions about his health and eyesight and state of mind on the journey, and what were his working arrangements with his fireman about looking for signals, in order to find out any possible cause for his failure to control his train as it approached and ran past the home signal; I was not_ however, successful. He said that his eyesight was perfect and that he only wore glasses for reading; his home life was tranquil and he had no worries to distract his mind; he did not suffer from absent-mindedness or lack of concentration, and though he was due for annual leave in October he was in no way preoccupied about it. He had had a full day's rest on the previous day which he had spent at home, and was fresh when he took up duty. He had not worked recently with the fireman hut knew him to be a good worker, and he did not give him any instructions about looking out for signals; not even in the difficult weather conditions on this occasion did he tell him to look for the Eastbourne home signal which comes into view so much sooner from the fireman's side of the engine. Wembridge could not account for the excessive speed at which his train must have been travelling as it ran into this terminus station, a speed much higher than is proper even when the signals are at clear; nor would he admit that it had been high. He said that he did not take his eyes off the road to look at the speedometer as the train ran into Eastbourne and that it was not his practice to do so when approaching signals. Fireman J. C. Gilbert of the Glasgow train had not worked with Driver Wembridge for about a year since he had accompanied him on a trip with a parcels train from London to Fratton. Gilbert is 29 years of age and has been a fireman for the past 5 years, after working 2 years as a cleaner. He said that he attended improvement classes and that he hoped to be passed for driving in about another 2 years; he knew a number of the routes on the eastern section of the Region but did not know the route beyond Three Bridges to Eastbourne although he had been there before; he had not therefore been looking out for signals beyond Three Bridges on this trip. When I asked him how he expected to increase his knowledge of routes if he did not look out for signals on new routes he said that drivers pointed out signals to firemen but that there was no time to learn signals on a journey such as this with a heavy train travelling at speed. He added that Driver Wembridge had not pointed out signals to him and had not at any time asked him to look for signals, and Gilbert did not volunteer to look out for the signals on approaching Eastbourne, though he knew that the line was on a right handed curve. He inferred that it would have been presumptuous to make such a suggestion, even in the inclement weather and with the better view ahead from the fireman's (right hand) side when approaching this terminus. Gilbert confirmed his driver's statement that the engine had been in good running order and he said that he had had no trouble in maintaining steam during the run with the long train. He saw the signals at clear as the train left Polegate but, thereafter, he did not take notice of the route. He said that he had tidied up the footplate and that he was adjusting a water injector as the train approached Eastbourne. He did not recollect the engine passing under either of the overline bridges, nor a lurch as it took the crossover, though he remembered that there had been a partial brake application during the approach into Eastbourne. I pointed out to him that if he had looked ahead as they ran into the station, as he should have done, he could have seen the train in the platform from about 200 to 300 yard: away, but he insisted that he could not have seen more than a short distance ahead because of the rain, and that he had been fully occupied with his work in the cab and had not looked out until immediately before the collision; he noticed that the driver made a full application of the brake, and he crouched down behind the seat on his side of the engine just before the impact. He had had little talk with the driver on the journey and they had not spoken after leaving Polegate; after the accident the driver did not speak to him. I told Fireman Gilbert that I could not believe that he had taken so little interest in the route during the run into Eastbourne, and that it was unnatural for a fireman of his experience not to have noticed more than he said he had, but he would give no more information about what had taken place on the engine before the collision. Goods Guard C. E. Willoughby, who had joined the Glasgow train with the engine crew at Mitre Bridge Junction, is 38 years of age and has 10 years railway service as a guard. He said that he had not been in charge on this train before but knew that it was customary for the guard to travel at the front of the train, close to the passengers in the sleeping cars, as there is no attendant; he therefore travelled in the leading coach. He did not test the brake from the rear of the train but accepted the word of the guard whom he relieved that it was satisfactory; he did, however, make a brake test from his compartment in the leading coach after the engine had been changed and his gauge was showing 21 inches of vacuum, and he was fully satisfied with it. Willoughby was thoroughly familiar with the route and he observed many of the signals, though he said he had to put his head out of the window to do so as the side look-out glasses were very dirty after the long journey. He had to move from one side of the compartment to the other a number of times when viewing signals because of the curvature of the line. He said that he had seen the signals at Polegate and at Hampden Park, and he confirmed that the Eastbourne distant signal beneath the Crumbles intermediate home was at caution. He emphasised, however, that he failed to see the Eastbourne home signal because of the rain which had become torrential so that he would have been blinded by it if he had put his head out of the window. He considered this signal to be an easy one to see in normal circumstances. Willoughby said that he thought the speed had been reduced to about 15 to 20 m.p.h. as the train ran under Whitley Road bridge hut considered that it was travelling too fast so he looked at his vacuum gauge indicator which he saw at 15 inches; he noted that the vacuum was dropping further and then, as he said, settled down on the off side to wait for the train to run into the terminus normally. He expected the train to run into No. 3 platform but suddenly realised that it was taking the crossover road to No. 4 platform which he saw was occupied. The rain had now become less heavy, enabling him to see ahead. WhenI asked him why he did not immediately apply the brake when he became aware that the train was taking the crossover road he said that the vacuum was destroyed and the brake fully on. After the accident a thorough examination was made of the signalling equipment at Eastbourne and of the block signalling controls between that box and Hampden Park. Except for damage caused by the accident everything was found to be in perfect working order and all the tests gave correct results. Tests were also made of the brakes on the Glasgow train, though there was no suggestion that these had failed in any way, and they were found to be in order. Because of the curvature on the approach to Eastbourne I checked the siting of No. 3 home signal. The distance at which the signal can be seen from an approaching train has already been recorded; I found the visibility of the signal, with its sky background, to be good, and there are no objects near the line of sight to distract attention. The bridge immediately behind the signal provides an obvious landmark for it and there is little vehicular traffic over the bridge which might interfere with the clear background. In order to compare the running of the Glasgow train into Eastbourne with a normal approach, I asked for a number of observed runs with a similar train to be made. In general the speed passing Hampden Park when all signals are clear is of the order of 45 m.p.h.; the driver closes the regulator at the Crumbles Intermediate distant signal, and makes a partial brake application, reducing vacuum by about 10 inches, at the Eastbourne distant signal. This has the effect of reducing speed to about 20 m.p.h. at Eastbourne home signal, and to 15 m.p.h. when travelling over No. 15 crossover. The brake then has to be released to enable the train to run into the platform before it is applied again to stop it finally. On one run when a higher approach speed of 50 m.p.h. was obtained the rather more vigorous brake application at Eastbourne distant signal so checked the train that after the brake had been released the regulator had to be opened again to enable the train to reach the platform, These observed results show the ample braking distance available to trains approaching Eastbourne and the amount to which speed is reduced on a normal approach, about 15 m.p.h. at the crossover and not more than 10 m.p.h. when passing the signal box. Note: The propagation time of the brake throughout the train is about 4 seconds. I find it difficult to accept the evidence of the train crew about the exceptionally heavy rain as the train approached Eastbourne; though localised heavy rain is not unknown, the evidence of others, both at Hampden Park and at Eastbourne showed clearly that the rain had eased at the time. I have no doubt, in view of the evidence of a number of eye witnesses and of the damage caused to the electric train, that the speed of the Glasgow train at the moment of impact was considerable. I am satisfied that it was over 20 m.p.h., and probably about 25 m.p.h. I consider that the train crew were not truthful in their evidence on this matter. The speed of the train during the approach to Eastbourne can readily be deduced from the speed of impact and from the method of working. Driver Wembridge said that he closed the regulator when he passed the distant signal which he saw to be at caution; thereafter, the train must have run under its own momentum, gradually losing speed- and retarded further perhaps by a slight brake application near the home signal, until the final full application just before the collision. The speed over crossover No. 15 must therefore have been in the region of 30 m.p.h. which is confirmed by the evidence of lurching as the engine travelled over it, and at the home signal, 360 yards before the crossover, 35 m.p.h. or even higher. Nevertheless, although the speed was excessive it will be seen from the table of stopping distances that it was not so high that the train could not have been brought to a stand before reaching the buffer stops if it had been running into an unoccupied platform. There is no firm evidence that the Eastbourne home signal No. 3 was off when the Glasgow train passed it, while there-is abundant circumstantial evidence that it was properly at danger, and I am sure that this was so. Driver Wembridge had seen the distant signal at caution and he said that he was looking out keenly for the home signal but had to blink his eyes from time to time because of the heavy rain. At the speed at which the train was travelling the signal would only have been in view on the driver's side for 6 to 8 seconds, and if Wembridge did close his eyes on this occasion it may have been for longer than he thought; he may then have assumed when he opened them again, perhaps as the engine passed under the road bridge immediately beyond the signal, that the signal must have been off. The approach view of the home signal was short, but here, where it is the last signal before a terminus station where approach speeds should always be moderate in preparation for the invariable stop, the shortness of view is not a potential source of danger if the driver is alert. Wembridge himself did not state that he could not see the signal; his excuse was that the heavy rain caused him to misread it. Apart from his mistake over the signal I am of the opinion that Wembridge cannot have been fully alert as the train approached Eastbourne, or he would not have allowed it to travel so fast. The speed was excessive and he should have made a much stronger brake application to reduce it as he approached the signal, even if he was convinced that it was off. I consider therefore that Driver Wembridge must accept full responsibility for the accident. I am at a loss, however, to account for his failure to control the train as it approached Eastbourne, and for his assumption that the signal was off. I have no reason to disbelieve that he had put his head out of the side window and that he had been staring ahead to see signals, and it may be that his effort of concentration in poor weather conditions during the journey from London merged into a state of passivity as the train ran past the home signal and over the crossover, until he was galvanized into action when the electric train ahead suddenly came into view. Alternatively, his knowledge of the route may not have been as good as he said it was, though it is difficult to understand how he could possibly have become lost on the run into Eastbourne with such distinctive landmarks as the two overbridges. Driver Wembridge willingly agreed to undergo a strict medical examination after the accident; he was considered fit for his age, with a normal reaction time, and not absent-minded. I was given no assistance by Fireman Gilbert in finding out what happened on the footplate during the vital time. As I have said, it was unnatural for a fireman of his experience, who was hoping for promotion in the not far distant future, to have taken so little interest in the control of the train as it ran into Eastbourne, as he said he did; if true, his statements reflect no credit on his ability; if, on the other hand, he was withholding information out of mistaken loyalty to his driver, I can but say that his lack of frankness has not, helped towards reaching an understanding of Driver Wembridge's serious mistake. Such understanding might have helped Wembridge, and it would certainly have helped a more general study of the causes of drivers running past signals at danger. Goods Guard Willoughby's evidence seems to have been framed so as to excuse himself for having failed to look out for the home signal and to take action to control the train as it ran at excessive speed towards the station. l do not accept his excuse that the heavy rain prevented him seeing the home signal. Since the wind was from the West, and the signal was on the east side as the train ran southwards into Eastbourne, he could have put his head out on the sheltered side of the train to look for this signal, and would not then have been exposed to the full force of such rain as there was. His evidence about the loss of vacuum as the train approached Eastbourne is not in accordance with the other evidence and I do not believe it. This guard failed in his duty to look out for the home signal, and he failed thereafter to apply the guard's brake as the train ran at excessive speed towards the terminus. For this latter failure I do not blame him too greatly, since guards are in a difficult position over carrying out this duty in which keen judgment is involved. It was suggested that detonators might have prevented the accident or at least have reduced its severity. Detonator machines, if provided, would have been close to the signal box and would not have made any difference to this accident. It is, however, the policy to provide detonator machines as a part of all future modernisation schemes. Accidents due to drivers passing signals at danger have attracted much attention in recent years owing to the severe consequences which have been caused and, as mentioned in the concluding paragraphs of Brigadier C. A. Langley's Annual Report on the Accidents which occurred on British Railways in 1957, the British Transport Commission have recently arranged to make a special investigation into this matter with the help of a panel of scientific experts; the Trade Unions have promised their full co-operation. On Wednesday, December 10th last, Bro. Alfred Wembridge of our Battersea Branch stepped from the dock at Lewes Assizes following a three-day trial in which he was found Not Guilty of manslaughter and discharged. The charge had arisen from the collision on August 25th, 1958, when the steam train in which Bro. Wembridge was the driver ran into an electric train standing at Eastbourne station, Southern Region. Five persons had died as a tragic outcome of this accident. Locomen elsewhere will be glad to know that the A.S.L.E. and F. stood firmly behind Bro. Wembridge in his ordeal, and that the finest possible legal representation at all stages was engaged by the Society on his behalf. With the trial now behind him, we tender our best wishes for the future, trusting he will bear in mind the kind and encouraging words uttered by the learned Judge in pronouncing his discharge. There is one fact which the proceedings against Bro. Wembridge have emphassised in unmistakable fashion: namely, that a single mistake by a Driver in the course of his daily work can have the effect – if he himself escapes with his life – of bringing him to the dock on a grave criminal charge.

2019-04-19T06:47:19Z

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Time and again physicians and seamen have made noteworthy reputations as novelists. But it is rare in the annals of literature that a man trained in both professions should have gained his greatest fame as a writer of novels. Eugene Sue began his career as a physician and surgeon, and then spent six years in the French Navy. In 1830, when he returned to France, he inherited his father's rich estate and was free to follow his inclination to write. His first novel, "Plick et Plock", met with an unexpected success, and he at once foreswore the arts of healing and navigation for the precarious life of a man of letters. With varying success he produced books from his inexhaustible store of personal experiences as a doctor and sailor. In 1837, he wrote an authoritative work on the French Navy, "Histoire de la marine Francaise". More and more the novel appealed to his imagination and suited his gifts. His themes ranged from the fabulous to the strictly historical, and he became popular as a writer of romance and fictionized fact. His plays, however, were persistent failures. When he published "The Mysteries of Paris", his national fame was assured, and with the writing of "The Wandering Jew" he achieved world-wide renown. Then, at the height of his literary career, Eugene Sue was driven into exile after Louis Napoleon overthrew the Constitutional Government in a coup d'etat and had himself officially proclaimed Emperor Napoleon III. The author of "The Wandering Jew" died in banishment five years later. Part Second.—The Chastisement. Prologue.—The Bird's-Eye View of Two Worlds. The Land's End of Two Worlds. The Arctic Ocean encircles with a belt of eternal ice the desert confines of Siberia and North America—the uttermost limits of the Old and New worlds, separated by the narrow, channel, known as Behring's Straits. The last days of September have arrived. The equinox has brought with it darkness and Northern storms, and night will quickly close the short and dismal polar day. The sky of a dull and leaden blue is faintly lighted by a sun without warmth, whose white disk, scarcely seen above the horizon, pales before the dazzling, brilliancy of the snow that covers, as far as the eyes can reach, the boundless steppes. To the North, this desert is bounded by a ragged coast, bristling with huge black rocks. At the base of this Titanic mass lied enchained the petrified ocean, whose spell-bound waves appear fired as vast ranges of ice mountains, their blue peaks fading away in the far-off frost smoke, or snow vapor. Between the twin-peaks of Cape East, the termination of Siberia, the sullen sea is seen to drive tall icebergs across a streak of dead green. There lies Behring's Straits. Opposite, and towering over the channel, rise the granite masses of Cape Prince of Wales, the headland of North America. These lonely latitudes do not belong to the habitable world; for the piercing cold shivers the stones, splits the trees, and causes the earth to burst asunder, which, throwing forth showers of icy spangles seems capable of enduring this solitude of frost and tempest, of famine and death. And yet, strange to say, footprints may be traced on the snow, covering these headlands on either side of Behring's Straits. On the American shore, the footprints are small and light, thus betraying the passage of a woman. She has been hastening up the rocky peak, whence the drifts of Siberia are visible. On the latter ground, footprints larger and deeper betoken the passing of a man. He also was on his way to the Straits. It would seem that this man and woman had arrived here from opposite directions, in hope of catching a glimpse of one another, across the arm of the sea dividing the two worlds—the Old and the New. More strange still! the man and the woman have crossed the solitudes during a terrific storm! Black pines, the growth of centuries, pointing their bent heads in different parts of the solitude like crosses in a churchyard, have been uprooted, rent, and hurled aside by the blasts! Yet the two travellers face this furious tempest, which has plucked up trees, and pounded the frozen masses into splinters, with the roar of thunder. They face it, without for one single instant deviating from the straight line hitherto followed by them. Who then are these two beings who advance thus calmly amidst the storms and convulsions of nature? Everywhere he leaves this impress behind him. On the smooth and polished snow, these footmarks seem imprinted by a foot of brass on a marble floor. Night without twilight has soon succeeded day—a night of foreboding gloom. The brilliant reflection of the snow renders the white steppes still visible beneath the azure darkness of the sky; and the pale stars glimmer on the obscure and frozen dome. But, towards the Straits, a faint light appears. At first, a gentle, bluish light, such as precedes moonrise; it increases in brightness, and assumes a ruddy hue. Darkness thickens in every other direction; the white wilds of the desert are now scarcely visible under the black vault of the firmament. Strange and confused noises are heard amidst this obscurity. They sound like the flight of large night—birds—now flapping now-heavily skimming over the steppes-now descending. But no cry is heard. This silent terror heralds the approach of one of those imposing phenomena that awe alike the most ferocious and the most harmless, of animated beings. An Aurora Borealis (magnificent sight!) common in the polar regions, suddenly beams forth. A half circle of dazzling whiteness becomes visible in the horizon. Immense columns of light stream forth from this dazzling centre, rising to a great height, illuminating earth, sea, and sky. Then a brilliant reflection, like the blaze of a conflagration, steals over the snow of the desert, purples the summits of the mountains of ice, and imparts a dark red hue to the black rocks of both continents. After attaining this magnificent brilliancy, the Northern Lights fade away gradually, and their vivid glow is lost in a luminous fog. Just then, by a wondrous mirage an effect very common in high latitudes, the American Coast, though separated from Siberia by a broad arm of the sea, loomed so close that a bridge might seemingly be thrown from one world to other. Then human forms appeared in the transparent azure haze overspreading both forelands. On the Siberian Cape, a man on his knees, stretched his arms towards America, with an expression of inconceivable despair. On the American promontory, a young and handsome woman replied to the man's despairing gesture by pointing to heaven. For some seconds, these two tall figures stood out, pale and shadowy, in the farewell gleams of the Aurora. But the fog thickens, and all is lost in the darkness. Whence came the two beings, who met thus amidst polar glaciers, at the extremities of the Old and New worlds? Who were the two creatures, brought near for a moment by a deceitful mirage, but who seemed eternally separated? The month of October, 1831, draws to its close. Though it is still day, a brass lamp, with four burners, illumines the cracked walls of a large loft, whose solitary window is closed against outer light. A ladder, with its top rungs coming up through an open trap leads to it. Here and there at random on the floor lie iron chains, spiked collars, saw-toothed snaffles, muzzles bristling with nails, and long iron rods set in wooden handles. In one corner stands a portable furnace, such as tinkers use to melt their spelter; charcoal and dry chips fill it, so that a spark would suffice to kindle this furnace in a minute. Not far from this collection of ugly instruments, putting one in mind of a torturer's kit of tools, there are some articles of defence and offence of a bygone age. A coat of mail, with links so flexible, close, and light, that it resembles steel tissue, hangs from a box beside iron cuishes and arm-pieces, in good condition, even to being properly fitted with straps. A mace, and two long three-cornered-headed pikes, with ash handles, strong, and light at the same time; spotted with lately-shed blood, complete the armory, modernized somewhat by the presence of two Tyrolese rifles, loaded and primed. Along with this arsenal of murderous weapons and out-of-date instruments, is strangely mingled a collection of very different objects, being small glass-lidded boxes, full of rosaries, chaplets, medals, AGNUS DEI, holy water bottles, framed pictures of saints, etc., not to forget a goodly number of those chapbooks, struck off in Friburg on coarse bluish paper, in which you can hear about miracles of our own time, or "Jesus Christ's Letter to a true believer," containing awful predictions, as for the years 1831 and '32, about impious revolutionary France. "THE DOWNRIGHT TRUE AND MOST MEMORABLE CONVERSION OF IGNATIUS MOROK, KNOWN AS THE PROPHET, HAPPENING IN FRIBURG, 1828TH YEAR OF GRACE." "IN 1810, MOROK, THE IDOLATER, FLED FROM WILD BEASTS." "MOROK, THE IDOLATER, FLED FROM WILD BEASTS; BUT WILD BEASTS WILL FLEE FROM IGNATIUS MOROK, CONVERTED AND BAPTIZED IN FRIBURG." Thus, in the last compartment, the new convert proudly, boastfully, and triumphantly parades himself in a flowing robe of blue; head up, left arm akimbo, right hand outstretched, he seems to scare the wits out of a multitude of lions, tigers, hyenas, and bears, who, with sheathed claws, and masked teeth, crouch at his feet, awestricken, and submissive. "IGNATIUS MOROK BEING CONVERTED, WILD BEASTS CROUCH BEFORE HIM." Not far from this canvas are several parcels of halfpenny books, likewise from the Friburg press, which relate by what an astounding miracle Morok, the Idolater, acquired a supernatural power almost divine, the moment he was converted—a power which the wildest animal could not resist, and which was testified to every day by the lion tamer's performances, "given less to display his courage than to show his praise unto the Lord." Through the trap-door which opens into the loft, reek up puffs of a rank, sour, penetrating odor. From time to time are heard sonorous growls and deep breathings, followed by a dull sound, as of great bodies stretching themselves heavily along the floor. A man is alone in this loft. It is Morok, the tamer of wild beasts, surnamed the Prophet. He is forty years old, of middle height, with lank limbs, and an exceedingly spare frame; he is wrapped in a long, blood-red pelisse, lined with black fur; his complexion, fair by nature is bronzed by the wandering life he has led from childhood; his hair, of that dead yellow peculiar to certain races of the Polar countries, falls straight and stiff down his shoulders; and his thin, sharp, hooked nose, and prominent cheek-bones, surmount a long beard, bleached almost to whiteness. Peculiarly marking the physiognomy of this man is the wide open eye, with its tawny pupil ever encircled by a rim of white. This fixed, extraordinary look, exercises a real fascination over animals—which, however, does not prevent the Prophet from also employing, to tame them, the terrible arsenal around him. Seated at a table, he has just opened the false bottom of a box, filled with chaplets and other toys, for the use of the devout. Beneath this false bottom, secured by a secret lock, are several sealed envelopes, with no other address than a number, combined with a letter of the alphabet. The Prophet takes one of these packets, conceals it in the pocket of his pelisse, and, closing the secret fastening of the false bottom, replaces the box upon a shelf. This scene occurs about four o'clock in the afternoon, in the White Falcon, the only hostelry in the little village of Mockern, situated near Leipsic, as you come from the north towards France. After a few moments, the loft is shaken by a hoarse roaring from below. "Judas! be quiet!" exclaims the Prophet, in a menacing tone, as he turns his head towards the trap door. Another deep growl is heard, formidable as distant thunder. "Lie down, Cain!" cries Morok, starting from his seat. A third roar, of inexpressible ferocity, bursts suddenly on the ear. "Death! Will you have done," cries the Prophet, rushing towards the trap door, and addressing a third invisible animal, which bears this ghastly name. Notwithstanding the habitual authority of his voice—notwithstanding his reiterated threats—the brute-tamer cannot obtain silence: on the contrary, the barking of several dogs is soon added to the roaring of the wild beasts. Morok seizes a pike, and approaches the ladder; he is about to descend, when he sees some one issuing from the aperture. The new-comer has a brown, sun-burnt face; he wears a gray hat, bell crowned and broad-brimmed, with a short jacket, and wide trousers of green cloth; his dusty leathern gaiters show that he has walked some distance; a game-bag is fastened by straps to his back. "The devil take the brutes!" cried he, as he set foot on the floor; "one would think they'd forgotten me in three days. Judas thrust his paw through the bars of his cage, and Death danced like a fury. They don't know me any more, it seems?" This was said in German. Morok answered in the same language, but with a slightly foreign accent. "Good or bad news, Karl?" he inquired, with some uneasiness. "Yesterday; two leagues from Wittenberg." "Heaven be praised!" cried Morok, clasping his hands with intense satisfaction. "Oh, of course, 'tis the direct road from Russia to France, 'twas a thousand to one that we should find them somewhere between Wittenberg and Leipsic." "Very close: two young girls in mourning; horse, white; the old man has long moustache, blue forage-cap; gray topcoat and a Siberian dog at his heels." "And where did you leave them?" "A league hence. They will be here within the hour." "And in this inn—since it is the only one in the village," said Morok, with a pensive air. "And night drawing on," added Karl. "Did you get the old man to talk?" "You shall know all about it. Yesterday, as if I had fallen in with them by chance, I followed them to the place where they stopped for the night. I spoke in German to the tall old man, accosting him, as is usual with wayfarers, 'Good-day, and a pleasant journey, comrade!' But, for an answer, he looked askant at me, and pointed with, the end of his stick to the other side of the road." "He is a Frenchman, and, perhaps, does not understand German." "He speaks it, at least as well as you; for at the inn I heard him ask the host for whatever he and the young girls wanted." "And did you not again attempt to engage him in conversation?" "Once only; but I met with such a rough reception, that for fear of making mischief, I did not try again. Besides, between ourselves, I can tell you this man has a devilish ugly look; believe me, in spite of his gray moustache, he looks so vigorous and resolute, though with no more flesh on him than a carcass, that I don't know whether he or my mate Giant Goliath, would have the best of it in a struggle. I know not your plans: only take care, master—take care!" "My black panther of Java was also very vigorous and very vicious," said Morok, with a grim, disdainful, smile. "What, Death? Yes; in truth; and she is vigorous and vicious as ever. Only to you she is almost mild." "And thus I will break this tall old man; notwithstanding his strength and surliness." "Humph! humph! be on your guard, master. You are clever, you are as brave as any one; but, believe me, you will never make a lamb out of the old wolf that will be here presently." "Does not my lion, Cain—does not my tiger, Judas, crouch in terror before me?" "Yes, I believe you there—because you have means—" "Because I have faith: that is all—and it is all," said Morok, imperiously interrupting Karl, and accompanying these words with such a look, that the other hung his head and was silent. "Why should not he whom the Lord upholds in his struggle with wild beasts, be also upheld in his struggle with men, when those men are perverse and impious?" added the Prophet, with a triumphant, inspired air. Whether from belief in his master's conviction, or from inability to engage in a controversy with him on so delicate a subject, Karl answered the Prophet, humbly: "you are wiser than I am, master; what you do must be well done." "Did you follow this old man and these two young girls all day long?" resumed the Prophet, after a moment's silence. "Yes; but at a distance. As I know the country well, I sometimes cut across a valley, sometimes over a hill, keeping my eye upon the road, where they were always to be seen. The last time I saw them, I was hid behind the water-mill by the potteries. As they were on the highway for this place, and night was drawing on, I quickened my pace to get here before them, and be the bearer of what you call good news." "Very good—yes—very good: and you shall be rewarded; for if these people had escaped me—" The Prophet started, and did not conclude the sentence. The expression of his face, and the tones of his voice, indicated the importance of the intelligence which had just been brought him. "In truth," rejoined Karl, "it may be worth attending to; for that Russian courier, all plastered with lace, who came, without slacking bridle, from St. Petersburg to Leipsic, only to see you, rode so fast, perhaps, for the purpose—" "Who told you that the arrival of the courier had anything to do with these travellers? You are mistaken; you should only know what I choose to tell you." "Well, master, forgive me, and let's say no more about it. So! I will get rid of my game-bag, and go help Goliath to feed the brutes, for their supper time draws near, if it is not already past. Does our big giant grow lazy, master?" "Goliath is gone out; he must not know that you are returned; above all, the tall old man and the maidens must not see you here—it would make them suspect something." "Where do you wish me to go, then?" "Into the loft, at the end of the stable, and wait my orders; you may this night have to set out for Leipsic." "As you please; I have some provisions left in my pouch, and can sup in the loft whilst I rest myself." "Master, remember what I told you. Beware of that old fellow with the gray moustache; I think he's devilish tough; I'm up to these things—he's an ugly customer—be on your guard!" "Be quite easy! I am always on my guard," said Morok. "Then good luck to you, master!"—and Karl, having reached the ladder, suddenly disappeared. After making a friendly farewell gesture to his servant, the Prophet walked up and down for some time, with an air of deep meditation; then, approaching the box which contained the papers, he took out a pretty long letter, and read it over and over with profound attention. From time to time he rose and went to the closed window, which looked upon the inner court of the inn, and appealed to listen anxiously; for he waited with impatience the arrival of the three persons whose approach had just been announced to him. While the above scene was passing in the White Falcon at Mockern, the three persons whose arrival Morok was so anxiously expecting, travelled on leisurely in the midst of smiling meadows, bounded on one side by a river, the current of which turned a mill; and on the other by the highway leading to the village, which was situated on an eminence, at about a league's distance. The sky was beautifully serene; the bubbling of the river, beaten by the mill-wheel and sparkling with foam, alone broke upon the silence of an evening profoundly calm. Thick willows, bending over the river, covered it with their green transparent shadow; whilst, further on, the stream reflected so splendidly the blue heavens and the glowing tints of the west, that, but for the hills which rose between it and the sky, the gold and azure of the water would have mingled in one dazzling sheet with the gold and azure of the firmament. The tall reeds on the bank bent their black velvet heads beneath the light breath of the breeze that rises at the close of day—for the sun was gradually sinking behind a broad streak of purple clouds, fringed with fire. The tinkling bells of a flock of sheep sounded from afar in the clear and sonorous air. Along a path trodden in the grass of the meadow, two girls, almost children—for they had but just completed their fifteenth year—were riding on a white horse of medium size, seated upon a large saddle with a back to it, which easily took them both in, for their figures were slight and delicate. A man of tall stature, with a sun-burnt face, and long gray moustache, was leading the horse by the bridle, and ever and anon turned towards the girls, with an air of solicitude at once respectful and paternal. He leaned upon a long staff; his still robust shoulders carried a soldier's knapsack; his dusty shoes, and step that began to drag a little, showed that he had walked a long way. One of those dogs which the tribes of Northern Siberia harness to their sledges—a sturdy animal, nearly of the size, form, and hairy coat of the wolf—followed closely in the steps of the leader of this little caravan, never quitting, as it is commonly said, the heels of his master. Nothing could be more charming than the group formed by the girls. One held with her left hand the flowing reins, and with her right encircled the waist of her sleeping sister, whose head reposed on her shoulder. Each step of the horse gave a graceful swaying to these pliant forms, and swung their little feet, which rested on a wooden ledge in lieu of a stirrup. These twin sisters, by a sweet maternal caprice, had been called Rose and Blanche; they were now orphans, as might be seen by their sad mourning vestments, already much worn. Extremely, like in feature, and of the same size, it was necessary to be in the constant habit of seeing them, to distinguish one from the other. The portrait of her who slept not, might serve them for both of them; the only difference at the moment being, that Rose was awake and discharging for that day the duties of elder sister—duties thus divided between then, according to the fancy of their guide, who, being an old soldier of the empire, and a martinet, had judged fit thus to alternate obedience and command between the orphans. Greuze would have been inspired by the sight of those sweet faces, coifed in close caps of black velvet, from beneath which strayed a profusion of thick ringlets of a light chestnut color, floating down their necks and shoulders, and setting, as in a frame, their round, firm, rosy, satin like cheeks. A carnation, bathed in dew, is of no richer softness than their blooming lips; the wood violet's tender blue would appear dark beside the limpid azure of their large eyes, in which are depicted the sweetness of their characters, and the innocence of their age; a pure and white forehead, small nose, dimpled chin, complete these graceful countenances, which present a delightful blending of candor and gentleness. You should have seen them too, when, on the threatening of rain or storm, the old soldier carefully wrapped them both in a large pelisse of reindeer fur, and pulled over their heads the ample hood of this impervious garment; then nothing could be more lovely than those fresh and smiling little faces, sheltered beneath the dark-colored cowl. But now the evening was fine and calm; the heavy cloak hung in folds about the knees of the sisters, and the hood rested on the back of their saddle. Rose, still encircling with her right arm the waist of her sleeping sister, contemplated her with an expression of ineffable tenderness, akin to maternal; for Rose was the eldest for the day, and an elder sister is almost a mother. Not only, did the orphans idolize each other; but, by a psychological phenomenon, frequent with twins, they were almost always simultaneously affected; the emotion of one was reflected instantly in the countenance of the other; the same cause would make both of them start or blush, so closely did their young hearts beat in unison; all ingenuous joys, all bitter griefs were mutually felt, and shared in a moment between them. In their infancy, simultaneously attacked by a severe illness, like two flowers on the same steam, they had drooped, grown pale, and languished together; but together also had they again found the pure, fresh hues of health. Need it be said, that those mysterious, indissoluble links which united the twins, could not have been broken without striking a mortal blow at the existence of the poor children? Thus the sweet birds called love-birds, only living in pairs, as if endowed with a common life, pine, despond, and die, when parted by a barbarous hand. The guide of the orphans, a man of about fifty-five, distinguished by his military air and gait, preserved the immortal type of the warriors of the republic and the empire—some heroic of the people, who became, in one campaign, the first soldiers in the world—to prove what the people can do, have done, and will renew, when the rulers of their choice place in them confidence, strength, and their hope. This soldier, guide of the sisters, and formerly a horse-grenadier of the Imperial Guard, had been nicknamed Dagobert. His grave, stern countenance was strongly marked; his long, gray, and thick moustache completely concealed his upper lip, and united with a large imperial, which almost covered his chin; his meagre cheeks, brick-colored, and tanned as parchment, were carefully shaven; thick eyebrows, still black, overhung and shaded his light blue eyes; gold ear-rings reached down to his white-edged military stock; his topcoat, of coarse gray cloth, was confined at the waist by a leathern belt; and a blue foraging cap, with a red tuft falling on his left shoulder, covered his bald head. Once endowed with the strength of Hercules, and having still the heart of a lion—kind and patient, because he was courageous and strong—Dagobert, notwithstanding his rough exterior, evinced for his orphan charges an exquisite solicitude, a watchful kindness, and a tenderness almost maternal. Yes, motherly; for the heroism of affection dwells alike in the mother's heart and the soldiers. Stoically calm, and repressing all emotion, the unchangeable coolness of Dagobert never failed him; and, though few were less given to drollery, he was now and then highly comic, by reason of the imperturbable gravity with which he did everything. From time to time, as they journeyed on, Dagobert would turn to bestow a caress or friendly word on the good white home upon which the orphans were mounted. Its furrowed sides and long teeth betrayed a venerable age. Two deep scars, one on the flank and the other on the chest, proved that his horse had been present in hot battles; nor was it without an act of pride that he sometimes shook his old military bridle, the brass stud of which was still adorned with an embossed eagle. His pace was regular, careful, and steady; his coat sleek, and his bulk moderate; the abundant foam, which covered his bit, bore witness to that health which horses acquire by the constant, but not excessive, labor of a long journey, performed by short stages. Although he had been more than six months on the road, this excellent animal carried the orphans, with a tolerably heavy portmanteau fastened to the saddle, as freely as on the day they started. If we have spoken of the excessive length of the horse's teeth—the unquestionable evidence of great age—it is chiefly because he often displayed them, for the sole purpose of acting up to his name (he was called Jovial), by playing a mischievous trick, of which the dog was the victim. This latter, who, doubtless for the sake of contrast, was called Spoil-sport (Rabat-joie), being always at his master's heels, found himself within the reach of Jovial, who from time to time nipped him delicately by the nape of the neck, lifted him from the ground, and carried him thus for a moment. The dog, protected by his thick coat, and no doubt long accustomed to the practical jokes of his companion, submitted to all this with stoical complacency; save that, when he thought the jest had lasted long enough, he would turn his head and growl. Jovial understood him at the first hint, and hastened to set him down again. At other times, just to avoid monotony, Jovial would gently bite the knapsack of the soldier, who seemed, as well as the dog, to be perfectly accustomed to his pleasantries. These details will give a notion of the excellent understanding that existed between the twin sisters, the old soldier, the horse, and the dog. The little caravan proceeded on its ways anxious to reach, before night, the village of Mockern, which was now visible on the summit of a hill. Ever and anon, Dagobert looked around him, and seemed to be gathering up old recollections; by degrees, his countenance became clouded, and when he was at a little distance from the mill, the noise of which had arrested his attention, he stopped, and drew his long moustache several times between his finger and thumb, the only sign which revealed in him any strong and concentrated feeling. Jovial, having stopped short behind his master, Blanche, awakened suddenly by the shock, raised her head; her first look sought her sister, on whom she smiled sweetly; then both exchanged glances of surprise, on seeing Dagobert motionless, with his hands clasped and resting on his long staff, apparently affected by some painful and deep emotion. The orphans just chanced to be at the foot of a little mound, the summit of which was buried in the thick foliage of a huge oak, planted half way down the slope. Perceiving that Dagobert continued motionless and absorbed in thought, Rose leaned over her saddle, and, placing her little white hand on the shoulder of their guide, whose back was turned towards her, said to him, in a soft voice, "Whatever is the matter with you, Dagobert?" The veteran turned; to the great astonishment of the sisters, they perceived a large tear, which traced its humid furrow down his tanned cheek, and lost itself in his thick moustache. "You weeping—you!" cried Rose and Blanche together, deeply moved. "Tell us, we beseech, what is the matter?" After a moments hesitation, the soldier brushed his horny hand across his eyes, and said to the orphans in a faltering voice, whilst he pointed to the old oak beside them: "I shall make you sad, my poor children: and yet what I'm going to tell you has something sacred in it. Well, eighteen years ago, on the eve of the great battle of Leipsic, I carried your father to this very tree. He had two sabre-cuts on the head, a musket ball in his shoulder; and it was here that he and I—who had got two thrust of a lance for my share—were taken prisoners; and by whom, worse luck?—why, a renegado! By a Frenchman—an emigrant marquis, then colonel in the service of Russia—and who afterwards—but one day you shall know all." The veteran paused; then, pointing with his staff to the village of Mockern, he added: "Yes, yes, I can recognize the spot. Yonder are the heights where your brave father—who commanded us, and the Poles of the Guard—overthrew the Russian Cuirassiers, after having carried the battery. Ah, my children!" continued the soldier, with the utmost simplicity, "I wish you had, seen your brave father, at the head of our brigade of horse, rushing on in a desperate charge in the thick of a shower of shells!—There was nothing like it—not a soul so grand as he!" Whilst Dagobert thus expressed, in his own way, his regrets and recollections, the two orphans—by a spontaneous movement, glided gently from the horse, and holding each other by the hand, went together to kneel at the foot of the old oak. And there, closely pressed in each other's arms, they began to weep; whilst the soldier, standing behind them, with his hands crossed on his long staff, rested his bald front upon it. "Come, come you must not fret," said he softly, when, after a pause of a few minutes, he saw tears run down the blooming cheeks of Rose and Blanche, still on their knees. "Perhaps we may find General Simon in Paris," added he; "I will explain all that to you this evening at the inn. I purposely waited for this day, to tell you many things about your father; it was an idea of mine, because this day is a sort of anniversary." "We weep because we think also of our mother," said Rose. "Of our mother, whom we shall only see again in heaven," added Blanche. The soldier raised the orphans, took each by the hand, and gazing from one to the other with ineffable affection, rendered still the more touching by the contrast of his rude features, "You must not give way thus, my children," said he; "it is true your mother was the best of women. When she lived in Poland, they called her the Pearl of Warsaw—it ought to have been the Pearl of the Whole World—for in the whole world you could not have found her match. No—no!" The voice of Dagobert faltered; he paused, and drew his long gray moustache between finger and thumb, as was his habit. "Listen, my girls," he resumed, when he had mastered his emotion; "your mother could give you none but the best advice, eh?" "Well, what instructions did she give you before she died? To think often of her, but without grieving?" "It is true; she told us than our Father in heaven, always good to poor mothers whose children are left on earth, would permit her to hear us from above," said Blanche. "And that her eyes would be ever fixed upon us," added Rose. And the two, by a spontaneous impulse, replete with the most touching grace, joined hands, raised their innocent looks to heaven, and exclaimed, with that beautiful faith natural to their age: "Is it not so, mother?—thou seest us?—thou hearest us?" "Since your mother sees and hears you," said Dagobert, much moved, "do not grieve her by fretting. She forbade you to do so." "You are right, Dagobert. We will not cry any more."—And the orphans dried their eyes. Dagobert, in the opinion of the devout, would have passed for a very heathen. In Spain, he had found pleasure in cutting down those monks of all orders and colors, who, bearing crucifix in one hand, and poniard in the other, fought not for liberty—the Inquisition had strangled her centuries ago—but, for their monstrous privileges. Yet, in forty years, Dagobert had witnessed so many sublime and awful scenes—he had been so many times face to face with death—that the instinct of natural religion, common to every simple, honest heart, had always remained uppermost in his soul. Therefore, though he did not share in the consoling faith of the two sisters, he would have held as criminal any attempt to weaken its influence. Seeing them this downcast, he thus resumed: "That's right, my pretty ones: I prefer to hear you chat as you did this morning and yesterday—laughing at times, and answering me when I speak, instead of being so much engrossed with your own talk. Yes, yes, my little ladies! you seem to have had famous secrets together these last two days—so, much the better, if it amuses you." The sisters colored, and exchanged a subdued smile, which contrasted with the tears that yet filled their eyes, and Rose said to the soldier, with a little embarrassment. "No, I assure you, Dagobert, we talk of nothing in particular." "Well, well; I don't wish to know it. Come, rest yourselves, a few moments more, and then we must start again; for it grows late, and we have to reach Mockern before night, so that we may be early on the road to-morrow." "Have we still a long, long way to go?" asked Rose. "What, to reach Paris? Yes, my children; some hundred days' march. We don't travel quick, but we get on; and we travel cheap, because we have a light purse. A closet for you, a straw mattress and a blanket at your door for me, with Spoil-sport on my feet, and a clean litter for old Jovial, these are our whole traveling expenses. I say nothing about food, because you two together don't eat more than a mouse, and I have learnt in Egypt and Spain to be hungry only when it suits." "Not forgetting that, to save still more, you do all the cooking for us, and will not even let us assist." "And to think, good Dagobert, that you wash almost every evening at our resting-place. As if it were not for us to—" "You!" said the soldier, interrupting Blanche, "I, allow you to chap your pretty little hands in soap-suds! Pooh! don't a soldier on a campaign always wash his own linen? Clumsy as you see me, I was the best washerwoman in my squadron—and what a hand at ironing! Not to make a brag of it." "Yes, yes—you can iron well—very well." "Only sometimes, there will be a little singe," said Rose, smiling. "Hah! when the iron is too hot. Zounds! I may bring it as near my cheek as I please; my skin is so tough that I don't feel the heat," said Dagobert, with imperturbable gravity. "We are only jesting, good Dagobert!" "Then, children, if you think that I know my trade as a washerwoman, let me continue to have your custom: it is cheaper; and, on a journey, poor people like us should save where we can, for we must, at all events, keep enough to reach Paris. Once there, our papers and the medal you wear will do the rest—I hope so, at least." "This medal is sacred to us; mother gave it to us on her death-bed." "Therefore, take great care that you do not lose it: see, from time to time, that you have it safe." Victim of L. C. D. J. Pray for me! —— Paris February the, 13th, 1682. At Paris. Rue Saint Francois, No. 3, In a century and a half you will be. February the 13th, 1832. —— PRAY FOR ME! "What does it mean, Dagobert?" resumed Blanche, as she examined the mournful inscriptions. "Mother was not able to tell us." "We will discuss all that this evening; at the place where we sleep," answered Dagobert. "It grows late, let us be moving. Put up the medal carefully, and away!—We have yet nearly an hour's march to arrive at quarters. Come, my poor pets, once more look at the mound where your brave father fell—and then—to horse! to horse!" The orphans gave a last pious glance at the spot which had recalled to their guide such painful recollections, and, with his aid, remounted Jovial. This venerable animal had not for one moment dreamed of moving; but, with the consummate forethought of a veteran, he had made the best use of his time, by taking from that foreign soil a large contribution of green and tender grass, before the somewhat envious eyes of Spoil-sport, who had comfortably established himself in the meadow, with his snout protruding between his fore-paws. On the signal of departure, the dog resumed his post behind his master, and Dagobert, trying the ground with the end of his long staff, led the horse carefully along by the bridle, for the meadow was growing more and more marshy; indeed, after advancing a few steps, he was obliged to turn off to the left, in order to regain the high-road. On reaching Mockern, Dagobert asked for the least expensive inn, and was told there was only one in the village—the White Falcon. "Let us go then to the White Falcon," observed the soldier. Already had Morok several times opened with impatience the window shutters of the loft, to look out upon the inn-yard, watching for the arrival of the orphans and the soldier. Not seeing them, he began once more to walk slowly up and down, with his head bent forward, and his arms folded on his bosom, meditating on the best means to carry out the plan he had conceived. The ideas which possessed his mind, were, doubtless, of a painful character, for his countenance grew even more gloomy than usual. Notwithstanding his ferocious appearance, he was by no means deficient in intelligence. The courage displayed in his taming exercises (which he gravely attributed to his recent conversion), a solemn and mystical style of speech, and a hypocritical affectation of austerity, had given him a species of influence over the people he visited in his travels. Long before his conversion, as may well be supposed, Morok had been familiar with the habits of wild beasts. In fact born in the north of Siberia, he had been, from his boyhood, one of the boldest hunters of bears and reindeer; later, in 1810, he had abandoned this profession, to serve as guide to a Russian engineer, who was charged with an exploring expedition to the Polar regions. He afterwards followed him to St. Petersburg, and there, after some vicissitudes of fortune, Morok became one of the imperial couriers—these iron automata, that the least caprice of the despot hurls in a frail sledge through the immensity of the empire, from Persia to the Frozen Sea. For these men, who travel night and day, with the rapidity of lightning there are neither seasons nor obstacles, fatigues nor danger; living projectiles, they must either be broken to pieces, or reach the intended mark. One may conceive the boldness, the vigor, and the resignation, of men accustomed to such a life. It is useless to relate here, by what series of singular circumstances Morok was induced to exchange his rough pursuit for another profession, and at last to enter, as catechumen, a religious house at Friburg; after which, being duly and properly converted, he began his nomadic excursions, with his menagerie of unknown origin. Morok continued to walk up and down the loft. Night had come. The three persons whose arrival he so impatiently expected had not yet made their appearance. His walk became more and more nervous and irregular. On a sudden he stopped abruptly; leaned his head towards the window; and listened. His ear was quick as a savage's. "They are here!" he exclaimed and his fox like eye shone with diabolic joy. He had caught the sound of footsteps—a man's and a horse's. Hastening to the window-shutter of the loft, he opened it cautiously, and saw the two young girls on horseback, and the old soldier who served them as a guide, enter the inn-yard together. The night had set in, dark and cloudy; a high wind made the lights flicker in the lanterns which were used to receive the new guests. But the description given to Morok had been so exact, that it was impossible to mistake them. Sure of his prey, he closed the window. Having remained in meditation for another quarter of an hour—for the purpose, no doubt, of thoroughly digesting his projects—he leaned over the aperture, from which projected the ladder, and called, "Goliath!" "Master!" replied a hoarse voice. "Here I am—just come from the slaughter-house with the meat." The steps of the ladder creaked as an enormous head appeared on a level with the floor. The new-comer, who was more than six feet high, and gifted with herculean proportions, had been well-named Goliath. He was hideous. His squinting eyes were deep set beneath a low and projecting forehead; his reddish hair and beard, thick and coarse as horse-hair, gave his features a stamp of bestial ferocity; between his broad jaws, armed with teeth which resembled fangs, he held by one corner a piece of raw beef weighing ten or twelve pounds, finding it, no doubt, easier to carry in that fashion, whilst he used his hands to ascend the ladder, which bent beneath his weight. At length the whole of this tall and huge body issued from the aperture. Judging by his bull-neck, the astonishing breadth of his chest and shoulders, and the vast bulk of his arms and legs, this giant need not have feared to wrestle single-handed with a bear. He wore an old pair of blue trousers with red stripes, faced with tanned sheep's-skin, and a vest, or rather cuirass, of thick leather, which was here and there slashed by the sharp claws of the animals. When he was fairly on the floor, Goliath unclasped his fangs, opened his mouth, and let fall the great piece of beef, licking his blood-stained lips with greediness. Like many other mountebanks, this species of monster had began by eating raw meat at the fairs for the amusement of the public. Thence having gradually acquired a taste for this barbarous food, and uniting pleasure with profit, he engaged himself to perform the prelude to the exercises of Morok, by devouring, in the presence of the crowd, several pounds of raw flesh. "My share and Death's are below stairs, and here are those of Cain and Judas," said Goliath, pointing to the chunk of beef. "Where is the cleaver, that I may cut it in two?—No preference here—beast or man—every gullet must have it's own." Then, rolling up one of the sleeves of his vest, he exhibited a fore-arm hairy as skin of a wolf, and knotted with veins as large as one's thumb. "I say, master, where's the cleaver?"—He again began, as he cast round his eyes in search of that instrument. But instead of replying to this inquiry, the Prophet put many questions to his disciple. "Were you below when just now some new travellers arrived at the inn?" "Yes, master; I was coming from the slaughter-house." "Two young lasses mounted on a white horse, and an old fellow with a big moustache. But the cleaver?—my beasts are hungry and so am I—the cleaver!" "Do you know where they have lodged these travellers?" "The host took them to the far end of the court-yard." "The building, which overlooks the fields?" A burst of frightful roaring shook the loft, and interrupted Goliath. "Hark to them!" he exclaimed; "hunger has driven the beasts wild. If I could roar, I should do as they do. I have never seen Judas and Cain as they are to-night; they leap in their cages as if they'd knock all to pieces. As for Death, her eyes shine more than usual like candles—poor Death!" "So these girls are lodged in the building at the end of the court-yard," resumed Morok, without attending to the observations of Goliath. "Yes, yes—but in the devil's name, where is the cleaver? Since Karl went away I have to do all the work, and that makes our meals very late." "Did the old man remain with the young girls?" asked Morok. Goliath, amazed that, notwithstanding his importunities, his master should still appear to neglect the animals' supper, regarded the Prophet with an increase of stupid astonishment. "If I am a brute, I have a brute's strength," said Goliath, in a surly tone, "and brute against brute, I have not always come the worst off." "I ask if the old man remained with the girls," repeated Morok. "Well, then—no!" returned the giant. "The old man, after leading his horse to the stable, asked for a tub and some water, took his stand under the porch—and there—by the light of a lantern—he is washing out clothes. A man with a gray moustache!—paddling in soap-suds like a washerwoman—it's as if I were to feed canaries!" added Goliath, shrugging his shoulders with disdain. "But now I've answered you, master, let me attend to the beasts' supper,"—and, looking round for something, he added, "where is the cleaver?" After a moment of thoughtful silence, the Prophet said to Goliath, "You will give no food to the beasts this evening." At first the giant could not understand these words, the idea was so incomprehensible to him. "What is your pleasure, master?" said he. "I forbid you to give any food to the beasts this evening." Goliath did not answer, but he opened wide his squinting eyes, folded his hands, and drew back a couple of steps. "Well, dost hear me?" said Morok, with impatience. "Is it plain enough?" "Not feed? when our meat is there, and supper is already three hours after time!" cried Goliath, with ever-increasing amazement. "Obey, and hold your tongue." "You must wish something bad to happen this evening. Hunger makes the beasts furious—and me also." "How, so much the better?—But—" "But, devil take me, I am as hungry as the beasts!" "Eat then—who prevents it? Your supper is ready, as you devour it raw." "I never eat without my beasts, nor they without me." "I tell you again, that, if you dare give any food to the beasts—I will turn you away." Goliath uttered a low growl as hoarse as a bear's, and looked at the Prophet with a mixture of anger and stupefaction. Morok, having given his orders, walked up and down the loft, appearing to reflect. Then, addressing himself to Goliath, who was still plunged in deep perplexity, he said to him. "Do you remember the burgomaster's, where I went to get my passport signed?—To-day his wife bought some books and a chaplet." "Yes," answered the giant shortly. "Go and ask his servant if I may be sure to find the burgomaster early to-morrow morning." "I may, perhaps, have something important to communicate; at all events, say that I beg him not to leave home without seeing me." "Good! but may I feed the beasts before I go to the burgomaster's?—only the panther, who is most hungry? Come, master; only poor Death? just a little morsel to satisfy her; Cain and I and Judas can wait." "It is the panther, above all, that I forbid you to feed. Yes, her, above all the rest." "By the horns of the devil!" cried Goliath, "what is the matter with you to-day? I can make nothing of it. It is a pity that Karl's not here; he, being cunning, would help me to understand why you prevent the beasts from eating when they are hungry." "You have no need to understand it." "Will not Karl soon come back?" "He has already come back." "What can be going on here? There is something in the wind. Karl goes, and returns, and goes again, and—" "We are not talking of Karl, but of you; though hungry as a wolf you are cunning as a fox, and, when it suits you, as cunning as Karl." And, changing on the sudden his tone and manner, Morok slapped the giant cordially on the shoulder. "The proof is, that there are ten florins to earn to-night—and you will be keen enough to earn them, I am sure." "Why, on those terms, yes—I am awake," said the giant, smiling with a stupid, self-satisfied air. "What must I do for ten florins?" "You shall see. Begin by going to the burgomaster's—but first light the fire in that stove." He pointed to it with his finger. "Yes, master," said Goliath, somewhat consoled for the delay of his supper by the hope of gaining ten florins. "Put that iron bar in the stove," added the Prophet, "to make it red-hot." "You will leave it there; go to the burgomaster's, and return here to wait for me." "You will keep the fire up in the stove." Morok took a step away, but recollecting himself, he resumed: "You say the old man is busy washing under the porch?" "Forget nothing: the iron bar in the fire—the burgomaster—and return here to wait my orders." So saying, Morok descended by the trap-door and disappeared. Goliath had not been mistaken, for Dagobert was washing with that imperturbable gravity with which he did everything else. When we remember the habits of a soldier a-field, we need not be astonished at this apparent eccentricity. Dagobert only thought of sparing the scanty purse of the orphans, and of saving them all care and trouble; so every evening when they came to a halt he devoted himself to all sorts of feminine occupations. But he was not now serving his apprenticeship in these matters; many times, during his campaigns, he had industriously repaired the damage and disorder which a day of battle always brings to the garments of the soldier; for it is not enough to receive a sabre-cut—the soldier has also to mend his uniform; for the stroke which grazes the skin makes likewise a corresponding fissure in the cloth. Therefore, in the evening or on the morrow of a hard-fought engagement, you will see the best soldiers (always distinguished by their fine military appearance) take from their cartridge-box or knapsack a housewife, furnished with needles, thread, scissors, buttons, and other such gear, and apply themselves to all kinds of mending and darning, with a zeal that the most industrious workwoman might envy. We could not find a better opportunity to explain the name of Dagobert, given to Francis Baudoin (the guide of the orphans) at a time when he was considered one of the handsomest and bravest horse-grenadiers of the Imperial Guard. They had been fighting hard all day, without any decisive advantage. In the evening, the company to which our hero belonged was sent as outliers to occupy the ruins of a deserted village. Videttes being posted, half the troopers remained in saddle, whilst the others, having picketed their horses, were able to take a little rest. Our hero had charged valiantly that day without receiving any wound—for he counted as a mere memento the deep scratch on his thigh, which a kaiserlitz had inflicted in awkwardly attempting an upward thrust with the bayonet. "You donkey! my new breeches!" the grenadier had exclaimed, when he saw the wide yawning rent, which he instantly avenged by running the Austrian through, with a thrust scientifically administered. For, if he showed a stoical indifference on the subject of injury to his skin, it was not so with regard to the ripping up of his best parade uniform. He undertook, therefore, the same evening, at the bivouac, to repair this accident. Selecting his best needle and thread from the stores of his housewife, and arming his finger with a thimble, he began to play the tailor by the light of the watch-fire, having first drawn off his cavalry-boots, and also (if it must be confessed) the injured garment itself, which he turned the wrong side out the better to conceal the stitches. This partial undress was certainly a breach of discipline: but the captain, as he went his round, could not forbear laughing at the sight of the veteran soldier, who, gravely seated, in a squatting position, with his grenadier cap on, his regimental coat on his back, his boots by his side, and his galligaskins in his lap, was sewing with all the coolness of a tailor upon his own shop-board. Suddenly, a musket-shot is heard, and the videttes fall back upon the detachment, calling to arms. "To horse!" cries the captain, in a voice of thunder. In a moment, the troopers are in their saddles, the unfortunate clothes mender having to lead the first rank; there is no time to turn the unlucky garment, so he slips it on, as well as he can, wrong side out, and leaps upon his horse, without even stopping to put on his boots. A party of Cossacks, profiting by the cover of a neighboring wood, had attempted to surprise the detachment: the fight was bloody, and our hero foamed with rage, for he set much value on his equipments, and the day had been fatal to him. Thinking of his torn clothes and lost boots, he hacked away with more fury than ever; a bright moon illumined the scene of action, and his comrades were able to appreciate the brilliant valor of our grenadier, who killed two Cossacks, and took an officer prisoner, with his own hand. After this skirmish, in which the detachment had maintained its position, the captain drew up his men to compliment them on their success, and ordered the clothes-mender to advance from the ranks, that he might thank him publicly for his gallant behavior. Our hero could have dispensed with this ovation, but he was not the less obliged to obey. Judge of the surprise of both captain and troopers, when they saw this tall and stern-looking figure ride forward at a slow pace, with his naked feet in the stirrups, and naked legs pressing the sides of his charger. The captain drew near in astonishment; but recalling the occupation of the soldier at the moment when the alarm was given, he understood the whole mystery. "Ha, my old comrade!" he exclaimed, "thou art like King Dagobert—wearing thy breeches inside out." In spite of discipline, this joke of the captain's was received with peals of ill-repressed laughter. But our friend, sitting upright in his saddle, with his left thumb pressing the well adjusted reins, and his sword-hilt carried close to his right thigh, made a half-wheel, and returned to his place in the ranks without changing countenance, after he had duly received the congratulations of his captain. From that day, Francis Baudoin received and kept the nickname of Dagobert. Now Dagobert was under the porch of the inn, occupied in washing, to the great amazement of sundry beer-drinkers, who observed him with curious eyes from the large common room in which they were assembled. In truth, it was a curious spectacle. Dagobert had laid aside his gray top-coat, and rolled up the sleeves of his shirt; with a vigorous hand, and good supply of soap, he was rubbing away at a wet handkerchief, spread out on the board, the end of which rested in a tub full of water. Upon his right arm, tattooed with warlike emblems in red and blue colors, two scars, deep enough to admit the finger, were distinctly visible. No wonder then, that, while smoking their pipes, and emptying their pots of beer, the Germans should display some surprise at the singular occupation of this tall, moustached, bald-headed old man, with the forbidding countenance—for the features of Dagobert assumed a harsh and grim expression, when he was no longer in presence of the two girls. The sustained attention, of which he saw himself the object, began to put him out of patience, for his employment appeared to him quite natural. At this moment, the Prophet entered the porch, and, perceiving the soldier, eyed him attentively for several seconds; then approaching, he said to him in French, in a rather sly tone: "It would seem, comrade, that you have not much confidence in the washerwomen of Mockern?" Dagobert, without discontinuing his work, half turned his head with a frown, looked askant at the Prophet, and made him no answer. Astonished at this silence, Morok resumed: "If I do not deceive myself, you are French, my fine fellow. The words on your arm prove it, and your military air stamps you as an old soldier of the Empire. Therefore I find, that, for a hero, you have taken rather late to wear petticoats." Dagobert remained mute, but he gnawed his moustache, and plied the soap, with which he was rubbing the linen, in a most hurried, not to say angry style; for the face and words of the beast-tamer displeased him more than he cared to show. Far from being discouraged, the Prophet continued: "I am sure, my fine fellow, that you are neither deaf nor dumb; why, then, will you not answer me?" Losing all patience, Dagobert turned abruptly round, looked Morok full in the face, and said to him in a rough voice: "I don't know you: I don't wish to know you! Chain up your curb!" And he betook himself again to his washing. "But we may make acquaintance. We can drink a glass of Rhine-wine together, and talk of our campaigns. I also have seen some service, I assure you; and that, perhaps, will induce you to be more civil." The veins on the bald forehead of Dagobert swelled perceptibly; he saw in the look and accent of the man, who thus obstinately addressed him, something designedly provoking; still he contained himself. "I ask you, why should you not drink a glass of wine with me—we could talk about France. I lived there a long time; it is a fine country; and when I meet Frenchmen abroad, I feel sociable—particularly when they know how to use the soap as well as you do. If I had a housewife I'd send her to your school." The sarcastic meaning was no longer disguised; impudence and bravado were legible in the Prophet's looks. Thinking that, with such an adversary, the dispute might become serious, Dagobert, who wished to avoid a quarrel at any price, carried off his tub to the other end of the porch, hoping thus to put an end to the scene which was a sore trial of his temper. A flash of joy lighted up the tawny eyes of the brute-tamer. The white circle, which surrounded the pupil seemed to dilate. He ran his crooked fingers two or three times through his yellow beard, in token of satisfaction; then he advanced slowly towards the soldier, accompanied by several idlers from the common-room. Notwithstanding his coolness, Dagobert, amazed and incensed at the impudent pertinacity of the Prophet, was at first disposed to break the washing-board on his head; but, remembering the orphans, he thought better of it. Folding his arms upon his breast, Morok said to him, in a dry and insolent tone: "It is very certain you are not civil, my man of suds!" Then, turning to the spectators, he continued in German: "I tell this Frenchman, with his long moustache, that he is not civil. We shall see what answer he'll make. Perhaps it will be necessary to give him a lesson. Heaven preserve me from quarrels!" he added, with mock compunction; "but the Lord has enlightened me—I am his creature, and I ought to make his work respected." The mystical effrontery of this peroration was quite to the taste of the idlers; the fame of the Prophet had reached Mockern, and, as a performance was expected on the morrow, this prelude much amused the company. On hearing the insults of his adversary, Dagobert could not help saying in the German language: "I know German. Speak in German—the rest will understand you." New spectators now arrived, and joined the first comers; the adventure had become exciting, and a ring was formed around the two persons most concerned. The Prophet resumed in German: "I said that you were not civil, and I now say you are grossly rude. What do you answer to that?" "Nothing!" said Dagobert, coldly, as he proceeded to rinse out another piece of linen. "Nothing!" returned Morok; "that is very little. I will be less brief, and tell you, that, when an honest man offers a glass of wine civilly to a stranger, that stranger has no right to answer with insolence, and deserves to be taught manners if he does so." "Out of Tirlemont's flea-haunted den, We ride forth next day of the sen, With sabre in hand, ah! Good-bye to Amanda," etc. The silence to which Dagobert had condemned himself, almost choked him; this song afforded him some relief. Morok, turning towards the spectators, said to them, with an air of hypocritical restraint: "We knew that the soldiers of Napoleon were pagans, who stabled their horses in churches, and offended the Lord a hundred times a day, and who, for their sins, were justly drowned in the Beresino, like so many Pharaohs; but we did not know that the Lord, to punish these miscreants, had deprived them of courage—their single gift. Here is a man, who has insulted, in me, a creature favored by divine grace, and who affects not to understand that I require an apology; or else—" "What?" said Dagobert, without looking at the Prophet. "Or you must give me satisfaction!—I have already told you that I have seen service. We shall easily find somewhere a couple of swords, and to morrow morning, at peep of day, we can meet behind a wall, and show the color of our blood—that is, if you have any in your veins!" This challenge began to frighten the spectators, who were not prepared for so tragical a conclusion. "What, fight?—a very, fine idea!" said one. "To get yourself both locked up in prison: the laws against duelling are strict." "Particularly with relation to strangers or nondescripts," added another. "If they were to find you with arms in your hands, the burgomaster would shut you up in jail, and keep you there two or three months before trial." "Would you be so mean as to denounce us?" asked Morok. "No, certainly not," cried several; "do as you like. We are only giving you a friendly piece of advice, by which you may profit, if you think fit." "What care I for prison?" exclaimed the Prophet. "Only give me a couple of swords, and you shall see to-morrow morning if I heed what the burgomaster can do or say." "What would you do with two swords?" asked Dagobert, quietly. "When you have one in your grasp, and I one in mine, you'd see. The Lord commands us to have a care of his honor!" Dagobert shrugged his shoulders, made a bundle of his linen in his handkerchief, dried his soap, and put it carefully into a little oil-silk bag—then, whistling his favorite air of Tirlemont, moved to depart. The Prophet frowned; he began to fear that his challenge would not be accepted. He advanced a step or so to encounter Dagobert, placed himself before him, as if to intercept his passage, and, folding his arms, and scanning him from head to foot with bitter insolence, said to him: "So! an old soldier of that arch-robber, Napoleon, is only fit for a washerwoman, and refuses to fight!" "Yes, he refuses to fight," answered Dagobert, in a firm voice, but becoming fearfully pale. Never, perhaps, had the soldier given to his orphan charge such a proof of tenderness and devotion. For a man of his character to let himself be insulted with impunity, and refuse to fight—the sacrifice was immense. "So you are a coward—you are afraid of me—and you confess it?" At these words Dagobert made, as it were, a pull upon himself—as if a sudden thought had restrained him the moment he was about to rush on the Prophet. Indeed, he had remembered the two maidens, and the fatal hindrance which a duel, whatever might be the result, would occasion to their journey. But the impulse of anger, though rapid, had been so significant—the expression of the stern, pale face, bathed in sweat, was so daunting, that the Prophet and the spectators drew back a step. Profound silence reigned for some seconds, and then, by a sudden reaction, Dagobert seemed to have gained the general interest. One of the company said to those near him; "This man is clearly not a coward." "It sometimes requires more courage to refuse a challenge than to accept one." "After all the Prophet was wrong to pick a quarrel about nothing—and with a stranger, too." "Yes, for a stranger, if he fought and was taken up, would have a good long imprisonment." "And then, you see," added another, "he travels with two young girls. In such a position, ought a man to fight about trifles? If he should be killed or put in prison, what would become of them, poor children?" The German shook cordially the hand, which Dagobert had proffered, and, holding it still in his own, he added: "Do one thing, sir—share a bowl of punch with us. We will make that mischief-making Prophet acknowledge that he has been too touchy, and he shall drink to your health." Up to this moment the brute-tamer, enraged at the issue of this scene, for he had hoped that the soldier would accept his challenge, looked on with savage contempt at those who had thus sided against him. But now his features gradually relaxed; and, believing it useful to his projects to hide his disappointment, he walked up to the soldier, and said to him, with a tolerably good grace: "Well, I give way to these gentlemen. I own I was wrong. Your frigid air had wounded me, and I was not master of myself. I repeat, that I was wrong," he added, with suppressed vexation; "the Lord commands humility—and—I beg your pardon." This proof of moderation and regret was highly appreciated and loudly applauded by the spectators. "He asks your pardon; you cannot expect more, my brave fellow?" said one of them, addressing Dagobert. "Come, let us all drink together; we make you this offer frankly—accept it in the same spirit." "Yes, yes; accept it, we beg you, in the name of your pretty little girls," said the stout man, hoping to decide Dagobert by this argument. "Many thanks, gentlemen," replied he, touched by the hearty advances of the Germans; "you are very worthy people. But, when one is treated, he must offer drink in return." "Well, we will accept it—that's understood. Each his turn, and all fair. We will pay for the first bowl, you for the second." "Poverty is no crime," answered Dagobert; "and I must tell you honestly that I cannot afford to pay for drink. We have still a long journey to go, and I must not incur any useless expenses." The soldier spoke these words with such firm, but simple dignity, that the Germans did not venture to renew their offer, feeling that a man of Dagobert's character could not accept it without humiliation. "Well, so much the worse," said the stout man. "I should have liked to clink glasses with you. Good-night, my brave trooper!—Good-night—for it grows late, and mine host of the Falcon will soon turn us out of doors." "Good-night, gentlemen," replied Dagobert, as he directed his steps towards the stable, to give his horse a second allowance of provender. Morok approached him, and said in a voice even more humble than before: "I have acknowledged my error, and asked your pardon. You have not answered me; do you still bear malice?" "If ever I meet you," said the veteran, in a suppressed and hollow tone, "when my children have no longer need of me, I will just say two words to you, and they will not be long ones." Then he turned his back abruptly on the Prophet, who walked slowly out of the yard. The inn of the White Falcon formed a parallelogram. At one end rose the principal dwelling; at the other was a range of buildings, which contained sundry chambers, let at a low price to the poorer sort of travellers; a vaulted passage opened a way through this latter into the country; finally, on either side of the court-yard were sheds and stables, with lofts and garrets erected over them. Dagobert, entering one of these stables, took from off a chest the portion of oats destined for his horse, and, pouring it into a winnowing basket, shook it as he approached Jovial. To his great astonishment, his old travelling companion did not respond with a joyous neigh to the rustle of the oats rattling on the wicker work. Alarmed, he called Jovial with a friendly voice; but the animal, instead of turning towards his master a look of intelligence, and impatiently striking the ground with his fore-feet, remained perfectly motionless. More and more surprised, the soldier went up to him. By the dubious light of a stable-lantern, he saw the poor animal in an attitude which implied terror—his legs half bent, his head stretched forward, his ears down, his nostrils quivering; he had drawn tight his halter, as if he wished to break it, in order to get away from the partition that supported his rack and manger; abundant cold-sweat had speckled his hide with bluish stains, and his coat altogether looked dull and bristling, instead of standing out sleek and glossy from the dark background of the stable; lastly, from time to time, his body shook with convulsive starts. "Why, old Jovial!" said the soldier, as he put down the basket, in order to soothe his horse with more freedom, "you are like thy master—afraid!—Yes," he added with bitterness, as he thought of the offence he had himself endured, "you are afraid—though no coward in general." Notwithstanding the caresses and the voice of his master, the horse continued to give signs of terror; he pulled somewhat less violently at his halter, and approaching his nostrils to the hand of Dagobert, sniffed audibly, as if he doubted it were he. "You don't know me!" cried Dagobert. "Something extraordinary must be passing here." The soldier looked around him with uneasiness. It was a large stable, faintly lighted by the lantern suspended from the roof, which was covered with innumerable cobwebs; at the further end, separated from Jovial by some stalls with bars between, were the three strong, black, horses of the brute-tamer—as tranquil as Jovial was frightened. Dagobert, struck with this singular contrast, of which he was soon to have the explanation, again caressed his horse; and the animal, gradually reassured by his master's presence, licked his hands, rubbed his head against him, uttered a low neigh, and gave him his usual tokens of affection. "Come, come, this is how I like to see my old Jovial!" said Dagobert, as he took up the winnowing-basket, and poured its contents into the manger. "Now eat with a good appetite, for we have a long day's march tomorrow; and, above all, no more of these foolish fears about nothing! If thy comrade, Spoil-sport, was here, he would keep you in heart; but he is along with the children, and takes care of them in my absence. Come, eat! Instead of staring at me in that way." But the horse, having just touched the oats with his mouth, as if in obedience to his master, returned to them no more, and began to nibble at the sleeve of Dagobert's coat. "Come, come, my poor Jovial! there is something the matter with you. You have generally such a good appetite, and now you leave your corn. 'Tis the first time this has happened since our departure," said the soldier, who was now growing seriously uneasy, for the issue of his journey greatly depended on the health and vigor of his horse. Just then a frightful roaring, so near that it seemed to come from the stable in which they were, gave so violent a shock to Jovial, that with one effort he broke his halter, leaped over the bar that marked his place, and rushing at the open door, escaped into the court-yard. Dagobert had himself started at the suddenness of this wild and fearful sound, which at once explained to him the cause of his horse's terror. The adjoining stable was occupied by the itinerant menagerie of the brute-tamer, and was only separated by the partition, which supported the mangers. The three horses of the Prophet, accustomed to these howlings, had remained perfectly quiet. "Good!" said the soldier, recovering himself; "I understand it now. Jovial has heard another such roar before, and he can scent the animals of that insolent scoundrel. It is enough to frighten him," added he, as he carefully collected the oats from the manger; "once in another stable, and there must be others in this place, he will no longer leave his peck, and we shall be able to start early to-morrow morning!" The terrified horse, after running and galloping about the yard, returned at the voice of the soldier, who easily caught him by the broken halter; and a hostler, whom Dagobert asked if there was another vacant stable, having pointed out one that was only intended for a single animal, Jovial was comfortably installed there. When delivered from his ferocious neighbors, the horse became tranquil as before, and even amused himself much at the expense of Dagobert's top coat, which, thanks to his tricks, might have afforded immediate occupation for his master's needle, if the latter had not been fully engaged in admiring the eagerness with which Jovial dispatched his provender. Completely reassured on his account, the soldier shut the door of the stable, and proceeded to get his supper as quickly as possible, in order to rejoin the orphans, whom he reproached himself with having left so long. CHAPTER V. ROSE AND BLANCHE. The orphans occupied a dilapidated chamber in one of the most remote wings of the inn, with a single window opening upon the country. A bed without curtains, a table, and two chairs, composed the more than modest furniture of this retreat, which was now lighted by a lamp. On the table, which stood near the window, was deposited the knapsack of the soldier. The great Siberian dog, who was lying close to the door, had already twice uttered a deep growl, and turned his head towards the window—but without giving any further affect to this hostile manifestation. The two sisters, half recumbent in their bed, were clad in long white wrappers, buttoned at the neck and wrists. They wore no caps, but their beautiful chestnut hair was confined at the temples by a broad piece of tape, so that it might not get tangled during the night. These white garments, and the white fillet that like a halo encircled their brows, gave to their fresh and blooming faces a still more candid expression. The orphans laughed and chatted, for, in spite of some early sorrows, they still retained the ingenuous gayety of their age. The remembrance of their mother would sometimes make them sad, but this sorrow had in it nothing bitter; it was rather a sweet melancholy, to be sought instead of shunned. For them, this adored mother was not dead—she was only absent. Almost as ignorant as Dagobert, with regard to devotional exercises, for in the desert where they had lived there was neither church nor priest, their faith, as was already said, consisted in this—that God, just and good, had so much pity for the poor mothers whose children were left on earth, that he allowed them to look down upon them from highest heaven—to see them always, to hear them always, and sometimes to send fair guardian angels to protect therein. Thanks to this guileless illusion, the orphans, persuaded that their mother incessantly watched over them, felt, that to do wrong would be to afflict her, and to forfeit the protection of the good angels.—This was the entire theology of Rose and Blanche—a creed sufficient for such pure and loving souls. Now, on the evening in question, the two sisters chatted together whilst waiting for Dagobert. Their theme interested them much, for, since some days, they had a secret, a great secret, which often quickened the beatings of their innocent hearts, often agitated their budding bosoms, changed to bright scarlet the roses on their cheeks, and infused a restless and dreamy langour into the soft blue of their large eyes. Rose, this evening, occupied the edge of the couch, with her rounded arms crossed behind her head, which was half turned towards her sister; Blanche, with her elbow resting on the bolster, looked at her smilingly, and said: "Do you think he will come again to-night?" "Oh, yes! certainly. He promised us yesterday." "He is so good, he would not break his promise." "And so handsome, with his long fair curls." "And his name—what a charming name!—How well it suits his face." "And what a sweet smile and soft voice, when he says to us, taking us by the hand: 'My children, bless God that he has given you one soul. What others seek elsewhere, you will find in yourselves.'" "'Since your two hearts,' he added, 'only make one.'" "What pleasure to remember his words, sister!" "We are so attentive! When I see you listening to him, it is as if I saw myself, my dear little mirror!" said Rose, laughing, and kissing her sister's forehead. "Well—when he speaks, your—or rather our eyes—are wide, wide open, our lips moving as if we repeated every word after him. It is no wonder we forget nothing that he says." "And what he says is so grand, so noble, and generous." "Then, my sister, as he goes on talking, what good thoughts rise within us! If we could but always keep them in mind." "Do not be afraid! they will remain in our hearts, like little birds in their mother's nests." "And how lucky it is, Rose, that he loves us both at the same time!" "He could not do otherwise, since we have but one heart between us." "How could he love Rose, without loving Blanche?" "What would have become of the poor, neglected one?" "And then again he would have found it so difficult to choose." "We are so much like one another." "So, to save himself that trouble," said Rose, laughing, "he has chosen us both." "And is it not the best way? He is alone to love us; we are two together to think of him." "Only he must not leave us till we reach Paris." "And in Paris, too—we must see him there also." "Oh, above all at Paris; it will be good to have him with us—and Dagobert, too—in that great city. Only think, Blanche, how beautiful it must be." "Paris!—it must be like a city all of gold." "A city, where every one must be happy, since it is so beautiful." "But ought we, poor orphans, dare so much as to enter it? How people will look at us!" "Yes—but every one there is happy, every one must be good also." "And, besides, we shall be with our friend with the fair hair and blue eyes." "He has yet told us nothing of Paris." "He has not thought of it; we must speak to him about it this very night." "If he is in the mood for talking. Often you know, he likes best to gaze on us in silence—his eyes on our eyes." "Yes. In those moments, his look recalls to me the gaze of our dear mother." "And, as she sees it all, how pleased she must be at what has happened to us!" "Because, when we are so much beloved, we must, I hope, deserve it." "See what a vain thing it is!" said Blanche, smoothing with her slender fingers the parting of the hair on her sister's forehead. After a moment's reflection, Rose said to her: "Don't you think we should relate all this to Dagobert?" "If you think so, let us do it." "We tell him everything, as we told everything to mother. Why should we conceal this from him?" "Especially as it is something which gives us so much pleasure." "Do you not find that, since we have known our friend, our hearts beat quicker and stronger?" "Yes, they seem to be more full." "The reason why is plain enough; our friend fills up a good space in them." "Well, we will do best to tell Dagobert what a lucky star ours is." "You are right—" At this moment the dog gave another deep growl. "Sister," said Rose, as she pressed closer to Blanche, "there is the dog growling again. What can be the matter with him?" "Spoil-sport, do not growl! Come hither," said Blanche, striking with her little hand on the side of the bed. The dog rose, again growled deeply, and came to lay his great, intelligent looking head on the counterpane, still obstinately casting a sidelong glance at the window; the sisters bent over him to pat his broad forehead, in the centre of which was a remarkable bump, the certain sign of extreme purity of race. "What makes you growl so, Spoil-sport?" said Blanche, pulling him gently by the ears—"eh, my good dog?" "Poor beast! he is always so uneasy when Dagobert is away." "It is true; one would think he knows that he then has a double charge over us." "Sister, it seems to me, Dagobert is late in coming to say good-night." "No doubt he is attending to Jovial." "That makes me think that we did not bid good-night to dear old Jovial. "Poor beast! he seems so glad when he licks our hands. One would think that he thanked us for our visit." "Luckily, Dagobert will have wished him good-night for us." "Good Dagobert! he is always thinking of us. How he spoils us! We remain idle, and he has all the trouble." "How can we prevent it?" "What a pity that we are not rich, to give him a little rest." "We rich! Alas, my sister! we shall never be anything but poor orphans." "Doubtless, there is some hope attached to it, else we should not have made this long journey." "Dagobert has promised to tell us all, this evening." She was prevented from continuing, for two of the windowpanes flew to pieces with a loud crash. The orphans, with a cry of terror, threw themselves into each other's arms, whilst the dog rushed towards the window, barking furiously. Pale, trembling, motionless with affright, clasping each other in a close embrace, the two sisters held their breath; in their extreme fear, they durst not even cast their eyes in the direction of the window. The dog, with his forepaws resting on the sill, continued to bark with violence. "Alas! what can it be?" murmured the orphans. "And Dagobert not here!" "Hark!" cried Rose, suddenly seizing Blanche by the arm; "hark!—some one coming up the stairs!" "Good heaven! it does not sound like the tread of Dagobert. Do you not hear what heavy footsteps?" "Quick! come, Spoil-sport, and defend us!" cried the two sisters at once, in an agony of alarm. The boards of the wooden staircase really creaked beneath the weight of unusually heavy footsteps, and a singular kind of rustling was heard along the thin partition that divided the chamber from the landing-place. Then a ponderous mass, falling against the door of the room, shook it violently; and the girls, at the very height of terror, looked at each other without the power of speech. The door opened. It was Dagobert. At the sight of him Rose and Blanche joyfully exchanged a kiss, as if they had just escaped from a great danger. "What is the matter? why are you afraid?" asked the soldier in surprise. "Oh, if you only knew!" said Rose, panting as she spoke, for both her own heart and her sister's beat with violence. "If you knew what has just happened! We did not recognize your footsteps—they seemed so heavy—and then that noise behind the partition!" "Little frightened doves that you are! I could not run up the stairs like a boy of fifteen, seeing that I carried my bed upon my back—a straw mattress that I have just flung down before your door, to sleep there as usual." "Bless me! how foolish we must be, sister, not to have thought of that!" said Rose, looking at Blanche. And their pretty faces, which had together grown pale, together resumed their natural color. During this scene the dog, still resting against the window, did not cease barking a moment. "What makes Spoil-sport bark in that direction, my children?" said the soldier. "We do not know. Two of our windowpanes have just been broken. That is what first frightened us so much." Without answering a word Dagobert flew to the window, opened it quickly, pushed back the shutter, and leaned out. He saw nothing; it was a dark night. He listened; but heard only the moaning of the wind. "Spoil-sport," said he to his dog, pointing to the open window, "leap out, old fellow, and search!" The faithful animal took one mighty spring and disappeared by the window, raised only about eight feet above the ground. Dagobert, still leaning over, encouraged his dog with voice and gesture: "Search, old fellow, search! If there is any one there, pin him—your fangs are strong—and hold him fast till I come." But Spoil-sport found no one. They heard him go backwards and forwards, snuffing on every side, and now and then uttering a low cry like a hound at fault. "There is no one, my good dog, that's clear, or you would have had him by the throat ere this." Then, turning to the maidens, who listened to his words and watched his movements with uneasiness: "My girls," said he, "how were these panes broken? Did you not remark?" "No, Dagobert; we were talking together when we heard a great crash, and then the glass fell into the room." "It seemed to me," added Rose, "as if a shutter had struck suddenly against the window." Dagobert examined the shutter, and observed a long movable hook, designed to fasten it on the inside. "It blows hard," said he; "the wind must have swung round the shutter, and this hook broke the window. Yes, yes; that is it. What interest could anybody have to play such a sorry trick?" Then, speaking to Spoil sport, he asked, "Well, my good fellow, is there no one?" The dog answered by a bark, which the soldier no doubt understood as a negative, for he continued: "Well, then, come back! Make the round—you will find some door open—you are never at a loss." The animal followed this advice. After growling for a few seconds beneath the window, he set off at a gallop to make the circuit of the buildings, and come back by the court-yard. "Be quite easy, my children!" said the soldier, as he again drew near the orphans; "it was only the wind." "We were a good deal frightened," said Rose. "I believe you. But now I think of it, this draught is likely to give you cold." And seeking to remedy this inconvenience, he took from a chair the reindeer pelisse, and suspended it from the spring-catch of the curtainless window, using the skirts to stop up as closely as possible the two openings made by the breaking of the panes. "Thanks, Dagobert, how good you are! We were very uneasy at not seeing you." "Yes, you were absent longer than usual. But what is the matter with you?" added Rose, only just then perceiving that his countenance was disturbed and pallid, for he was still under the painful influence of the brawl with Morok; "how pale you are!" "Yes, I assure you, your countenance is quite changed. Rose is right." "I tell you there is nothing the matter," answered the soldier, not without some embarrassment, for he was little used to deceive; till, finding an excellent excuse for his emotion, he added: "If I do look at all uncomfortable, it is your fright that has made me so, for indeed it was my fault." "Yes; for if I had not lost so much time at supper, I should have been here when the window was broken, and have spared you the fright." "Anyhow, you are here now, and we think no more of it." "I will, my children, for we have to talk together," said Dagobert, as he drew a chair close to the head of the bed. "Now tell me, are you quite awake?" he added, trying to smile in order to reassure them. "Are those large eyes properly open?" "Look, Dagobert!" cried the two girls, smiling in their turn, and opening their blue eyes to the utmost extent. "Well, well," said the soldier, "they are yet far enough, from shutting; besides, it is only nine o'clock." "We also have something to tell, Dagobert," resumed Rose, after exchanging glances with her sister. "A secret to tell you." "Ah, and a very great secret!" added Rose, quite seriously. "A secret which concerns us both," resumed Blanche. "Faith! I should think so. What concerns the one always concerns the other. Are you not always, as the saying goes, 'two faces under one hood?'" "Truly, how can it be otherwise, when you put our heads under the great hood of your pelisse?" said Rose, laughing. "There they are again, mocking-birds! One never has the last word with them. Come, ladies, your secret, since a secret there is." "No, miss, it is for you to speak. You are to-day on duty, as eldest, and such an important thing as telling a secret like that you talk of belongs of right to the elder sister. Come, I am listening to you," added the soldier, as he forced a smile, the better to conceal from the maidens how much he still felt the unpunished affronts of the brute tamer.

2019-04-22T17:06:12Z

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Preparing for the framework: standard curve generation and plasmid copy number evaluation. Flexible copy number control is the core of our framework, which is based on re-engineered ColE1 origin of replicon. Multi-plasmid framework would not be much without multiple plasmids. We have equiped our synthetic origin of replication with specific recognition sequences to create unique plasmid groups. Having multiple plasmids in a cell means using multiple antibiotics. Or does it? If at least one of the plasmid group has a low copy number, they require extra care to not be lost at cell division. Therefore, SynORI framework incorporates a special partitioning system derived from pSC101 replicon. The foundation of multi-plasmid framework is the ability to determine plasmid copy number (PCN) per cell. Our approach to count the PCN in the cell is built upon absolute quantitative PCR. By using two different standard curves we are able to evaluate bacteria and plasmid copy number in the reaction. The PCN per cell is found by dividing the total PCN by the cell number. As described by Plotka M. et al, the separate detection of the plasmid and the host cell chromosomal DNA was achieved using two separate primer sets, specific for the plasmid Ori sequence and for the chromosomal d-1-deoxyxylulose 5-phosphate synthase gene (dxs), respectively. Ratio of these genes copy number gives PCN per cell. Why we chose a specific set of primers for PCN determination? Commonly, gene used for PCN evaluations in qPCR is an ampicillin resistance gene (bla). In our case, the bla gene for plasmid number determination was not used, as the SynORI multi-plasmid framework employs a number of plasmids with different selection system gene circuit parts. Instead, the origin of replication was barcoded with distinct sets of primers (named qPCR) for different groups of origin copy number determination. This enables to determine the desired plasmid group copy number, when working with multi-plasmid systems. Since working with extracted genomic, plasmid or total DNA incorporates an error which depends on the extraction efficiency, we decided to work with specially prepared cell lysate suspensions, skipping the extraction step. Furthermore, dxs gene from chromosome was ligated into pUC19 plasmid for less complicated standard preparation. First of all, it was concluded that primers, designed for calculations, are appropriate for absolute quantitative PCR by measuring the efficiency of PCR amplification reaction. Both genes have almost ideal amplification efficiency and required no further optimization. Figure 1. PCR amplification efficiency of genes used for plasmid copy number evaluations. Amplified qPCR product were verified using agarose gel electrophoresis. Figure 2. Verification of products amplified during qPCR. Figure 3. Melting curves of amplified qPCR products used for PCN determination. Next, standard curves were generated for dxs and qPCR plasmid gene copy number determination according to the protocol written by our team (click here?). Figure 4. Standard curves generates for plasmid copy number determination for SynORI project. The fit of the linear regression model was satisfactory; the coefficient of determination (R2) was more than 0.999 for all standard curves. As amplification efficiencies and generated standard curves were ideal for both genes, the curves and earlier mentioned protocol were used for all further PCN determination experiments. Plotka M, Wozniak M, Kaczorowski T. Quantification of Plasmid Copy Number with Single Colour Droplet Digital PCR. Doi H, ed. PLoS ONE. 2017;12(1):e0169846. doi:10.1371/journal.pone.0169846. Anindyajati, Artarini AA, Riani C, Retnoningrum DS. Plasmid Copy Number Determination by Quantitative Polymerase Chain Reaction. Scientia Pharmaceutica. 2016;84(1):89-101. doi:10.3797/scipharm.ISP.2015.02. Flexible copy number control is the core of our framework, which is based on re-engineered ColE1 origin of replication. ColE1 plasmid replicon is based on two antisense RNA molecules: RNA I and RNA II. The transcript of RNA II forms a RNA-DNA duplex and acts as a primer for DNA polymerase and for that reason is often called a replication initiator. During the transcription of RNA II, several different secondary structures can form. Part of these structures are susceptible to the binding of RNA I - a shorter antisense version of RNA II. The interaction between RNA I and RNA II begins upon the formation of kissing-loop pairs between their anti-complementary secondary structures. If the kissing complex persists, a 3’ end of RNA I starts forming a zipper-like duplex with a complementary region of a single strand RNA II. Because the primer cannot be formed anymore, this results in replication inhibition, which is why RNA I is often called the replication inhibitor. The favor of kissing-loop complex formation kinetics to predict plasmid group compatibility. It immediately becomes clear that in order to control the copy number of a plasmid, one could simply change the RNA I promoter. However, there is a reason why it has never been done before! As mentioned above, RNA I and RNA II are two antisense molecules, so it is impossible to change one without altering the sequence of another molecule. RNA I promoter is located right on top of the RNA II secondary structures, which are not used for inhibition, but are crucial to form the RNA-DNA duplex for replication initiation. Even if one managed to somehow substitute the RNA I promoter with another without disabling replication, it would still be inconvenient because this method would require a large pool of resources every time. For that reason we have decided not to modify or replace the RNA I promoter inside the initial wild type origin of replication, but rather to disable it completely and place a copy of it next to RNA II. As already indicated, the main problem of inactivating the RNA I promoter is the necessity to take precautions in order keep the critically important secondary structures of RNA II intact. We have first acquired a priority mutation list from the literature. The list analysed RNA polymerase binding affinity to -10 and -35 promoter region and its dependence on point mutations, with mutations causing the largest decrease in affinity being displayed on the top of the list. Table 1. Priority mutation list of -10 and -35 promoter regions. Mutants that had unchanged RNA II secondary structures. Mutants that were on the top of mutation priority list (meaning the lowest RNA polymerase affinity). We had ordered the selected ColE1 mutants from the IDT and later tested if we had successfully disabled the RNA I promoter. It is difficult to distinguish when the promoter is fully disabled because first, there is no literature data describing replicons that are not negatively regulated at least to some extent, and second - plasmid systems hardly reach the equilibrium without negative control therefore every copy number calculation varies greatly. This is why we decided not to check for the highest copy number mutant, but rather to insert a wild type RNA I with its wild type promoter. By doing that we could see which replicons were most precisely mutated. If the plasmid copy number (PCN) did not differ from wild type after the insertion of an RNA I gene next to the mutated replicon, it proved a complete disabling of the replicon. Contrary, if the copy number decreased, we could suspect that the replicon did not have a completely disabled RNA I and the sum of inhibition from both RNA I genes reduced the copy number to even lower values than in the wild type replicon. First, we planned to calculate the copy number of our mutants that supposedly had their RNA I gene promoter disabled (mutants ORI 1, ORI 2, ORI 3, ORI 4, ORI 5). After that, we aimed to calculate the copy number of the corresponding mutated replicons, but with RNA I gene containing its wild type promoter cloned next to them. After transformation, cells with ORI 5 plasmids did not grow successfully, which suggested a conclusion that this mutant had either severely damaged RNA II gene or increased expression of RNA I to the level of complete replication inhibition. Since 4 other mutants had grown after the transformation, we incubated the cells overnight, purified the plasmids and cloned wild type RNA I with its wild type promoter next to each of the mutants. We then calculated the copy number of 8 samples: 4 ORI mutants and 4 ORI mutants with RNA I placed next to them. Figure 1. Copy number calculations of the RNA I promoter elimination mutants. Two biological replicates were performed, with 2 technical qPCR replicates each time. Firstly, ORI 1 mutant had a moderate increase in copy number (Figure 1). Yet, with RNA I next to the replicon, the copy number did not seem fall back to wild type levels. We hypothesize that the reason for this was the damage done to the RNA II gene. The damage resulted in mutant formed secondary structures no longer sufficiently interacting with inhibitory RNA I molecules. ORI 3 did not seem to increase much in copy number. We did not consider it to be a good candidate as well, because we wanted our core synthetic ori to possess a range of copy numbers to choose from. The third candidate, ORI 4, seemed to be a decent candidate because with cloned RNA I its copy number fell to near wild type levels, but it also did not prove to be good enough, because its maximum number of copies was too low. ORI 2 mutant seemed like a perfect candidate. Its copy number increased from wild type X levels to Y +- Z. In addition, when RNA I gene was placed next to it, the copy number of the constructed plasmid fell to wild type levels. After these results we have decided to use this ORI 2 mutant as a core for our framework. We simply called it RNA II (Part:BBa_K2259000 ). Once the RNA I promoter was disabled in the ColE1 origin of replication, it could be moved to a different plasmid location and used as a separate unit. Also, RNA I promoter can be changed without having to worry about damaging the initiation of replication. RNA I and consequently the copy number of a certain plasmid can now be placed under virtually any signal pattern required. We have discovered the sequence of wild type RNA I promoter by using PromoterHunter. and ordered a wild type RNA I gene from IDT without the promoter’s sequence. We have first cloned series of anderson promoters next to the RNA I gene and then placed this construct next to RNA II (RNA II-Anderson-RNA I). Figure 2. RNA I and RNA II constructs, with RNA I constructs under different-strength Anderson (See anderson collection here http://parts.igem.org/Promoters/Catalog/Anderson ) promoters. In theory (see "Modelling" for more details), lower-strength Anderson promoters should yield lower concentrations of RNA I, hence higher copy numbers of plasmids per cell. Our constitutive copy number device experiment results prove it to be true in practice as well. The stronger Anderson promoter is used, the less copy number per cell we get. With the strongest Anderson we get only 21+-6.84 plasmids per cell. We can state with certainty that we are now able to control the plasmid copy number in a constitutive manner, and we call it simply the SynORI constitutive copy number device. Next, we wanted to move one step forward and try to build an inducible copy number system. We first had to make sure that at least part of our construct is well characterized and to so we chose the rhamnose promoter from the biobrick registry (Part:BBa_K914003). For this experiment we have built a rhamnose and RNA I construct (Part:BBa_K2259065) and then cloned this construct next to RNA II (Part:BBa_K2259091). We have used different percent of rhamnose in our media in order to see if this approach was possible and if so, to figure out the dependency between the plasmid copy number and rhamnose concentration. Figure 3. RNA I and RNA II constructs, with RNA I gene being under the rhamnose promoter. The first thing we noticed was that rhamnose promoter was very strong in terms of plasmid copy number reduction. It was also considerably leaky (promoter can be enabled even without any inducer). At zero induction there were approximately only 9 plasmids per cell and at 1 percent induction the number rose to approximately 1 plasmid per cell. RNA I rhamnose-induced promoter seemed to be working well, with higher concentrations of inductor giving lower plasmid copy number. We called it the SynORI copy number induction device. So now when we can flexibly control the copy number of a plasmid, the only question is - what will come next? Tomizawa J. Control of ColE1 plasmid replication: the process of binding of RNA I to the primer transcript. Cell. 1984 Oct;38(3):861-70. Som T, Tomizawa J. Regulatory regions of ColE1 that are involved in determination of plasmid copy number. Proc Natl Acad Sci U S A. 1983 Jun; 80(11): 3232-3236. Tomizawa J, Itoh T, Selzer G, Som T. Inhibition of ColE1 RNA primer formation by a plasmid-specified small RNA. Proc Natl Acad Sci U S A. 1981 Mar;78(3):1421-5. Masukata H, Tomizawa J. Control of primer formation for ColE1 plasmid replication: Conformational change of the primer transcript. Cell. 1986 Jan; 44(1): 125-136. Brenner M, Tomizawa J. Quantitation of ColE1-encoded replication elements. Biochemistry. 1991 Jan; 88:405-409. Brewster R. C, Jones D. L, Phillips R. Tuning Promoter Strength through RNA Polymerase Binding Site Design in Escherichia coli. PLoS Comput Biol. 2012 Dec; 8(12): e1002811. Multi-plasmid framework would not be much without multiple plasmids. We have equipped our synthetic origin of replication with specific sequences to create unique plasmid groups. PAs RNA I and RNA II interact mainly with the three stem loops that form kissing complexes, we have decided to use this feature to our advantage in order to engineer different plasmid groups by adding unique, group-specific sequences to RNA I and RNA II stem loops. The specific sequences were acquired from Grabow et al., where they have screened a large number of different RNA kissing stem loop complex combinations. They have derived a table of different loop sequences that only bind with each other but do not have any cross interaction to the following loop sequences in the list. The inactivation and transfer of RNA I gene away from RNA II allows us to use different sequences for RNA I and RNA II molecules that are not necessarily ideal complements of each other. Use two different unique sequences in the first two RNR I and RNR II stem loops, in order to maximize same group specificity. Keep RNA II unchanged for the third loop but change it in the RNR I by adding either G/C mutations to RNA I (GC type RNA I) or making RNA I completely non-complement to RNA II (NC type RNA I). According to literature (Tomizawa, 1984) RNA II secondary structures are very sensitive to any mutations in the third loop and has a high chance of ruining the replication initiation. To avoid this we did not want to alter the third loop of RNA II sequence. Just because we chose not to interfere with the third loop of RNA II, we could not leave the third loop of RNA I unchanged. If every group had a fully compatible third loop, the background cross-group inhibition would be too large and we would not be able to obtain independent plasmid groups. We have designed 5 different RNA II genes corresponding to groups A, B, C, D and E and needed to make sure if they were working (Figure 2). Figure 2. Table displaying RNA II of plasmid groups according to their loop sequences. Group A contains 1 kissing-loop from Figure 1 in both first and second loops, group B - h and a, group C - c and d, group D - l and e, group E - f and g, first and second loop respectively. All plasmid groups third loop corresponds to one found in the wild type. Also, we have 10 different RNA I alternatives: A, B, C, D, E with each having a version of either G/C or NC mutations (Figure 3). Figure 3. Different plasmid groups can be co-maintained in a cell with a specific, pre-selected copy number. Copy number control principle is the same for every plasmid group, but both RNA I and RNA II molecules are only specific to their own. These different plasmid groups can then be co-maintained in cell with a specific, pre-selected copy number. Copy number control principle is the same for every group, but each group is only specific to its own group. The first step in experimentally choosing the suitable RNA I-RNA II pairs was done by employing a system that was able to measure the trans-acting effect of each RNA I type of group A has on the RNA II group A (BBa_K2259000) (RNA I types: WT (BBa_K2259005), NC (BBa_K2259024) and GC (BBa_K2259006)). By co-transforming base vector 2.0 (BBa_K2259081) having an A group RNA II together with pSB4A5 plasmid, which is constantly expressing one the mentioned RNA I. The plasmid copy number per cell was determined for each co-transformation using the absolute quantification qPCR. As seen from the results, the GC type RNA I has the lowest tendency to cross interact with the RNA 2 initiator of replication from group A, as the copy number of the base vector 2.0 drops by the smallest amount. RNA I of NC type has the biggest cross-interaction level as it inhibits the plasmid replication the most. Group analysis of RNA I - RNA II type GC. After the degree of interactions have been established amid A groups of all types RNA II-RNA I, GC stem loop structures have been chosen for further group interaction assessment. First of all, we turned to determining the copy number each group of RNA II (A - BBa_K2259000, B - BBa_K2259001, C - BBa_K2259002, D - BBa_K2259003 and E - BBa_K2259004) establishes in the cell with and without its corresponding RNA I constantly expressed by the Anderson promoter in the same vector. Figure 5. Plasmid copy number each group of RNA II establishes in the cell with and without its corresponding, constantly expressed, RNA I. Seeing that group E and C measurements were off, we concluded that RNA II did not fold into correct secondary structure and, as a result of that, it did not work as a primer formation unit. We chose to work with the remaining three groups as the plasmid systems produces stable plasmid copy results. B group RNA II seems to have enhanced primer formation abilities, as the plasmid copy number skyrockets. Every RNA II construct is sensitive to its RNA I, as the plasmid replication is inhibited by constantly expressed RNA I transcript. Type GC stem loop cross-interactions were assessed by constantly expressing RNA I transcript from pSB4A5. The experiments were rather tricky, as the pSB4A5 plasmid seemed to be easily lost when co-transformed with our base vector 2.0. Nevertheless, we were able to measure the cross interactions between the groups displayed in Figure 6. Figure 6. Cross-interaction assessment of different groups of RNA I-RNA II. As seen from Figure 6, there is no interaction between these groups: A and C; A and B. The inhibition has been identificated between B and D; A and D groups. Based on the following results, 2 types of plasmid groups were chosen for 2 co-transformation plasmid copy number assay: A with B and A with D groups. Group A RNA I-RNA II has been co-transformed with group B RNA I-RNA II and vectors with and without global copy number control devices (BBa_K2259052, BBa_K2259053, BBa_K2259075). Figure 7. Plasmid copy determination of two different plasmids in the same cell. Based on the results from Figure 7, it can be concluded that RNA II A and RNA II B act as different replicon and does not inhibit the replication of each other. By introducing the global copy number device, plasmid copy number decreased equally of both plasmids. Grabow WW, Zakrevsky P, Afonin KA, Chworos A, Shapiro BA, Jaeger L. Self-assembling RNA nanorings based on RNAI/II inverse kissing complexes. Nano Lett. 2011;11(2):878–87. Gregorian R., S, Donald M. CrothersDeterminants of RNA Hairpin Loop–Loop Complex Stability. J. Mol. Biol. 1995; 248:968–984. Eguchit Y, Tomizawa J. Complexes Formed by Complementary RNA Stem-loops Their Formations, Structures and Interaction with ColEl Rom Protein. J. Mol. Biol. 1991. 220:831-842. Lee A, Crothers D. The solution structure of an RNA loop–loop complex: the ColE1 inverted loop sequence. Structure. 1998 Aug; 6:993–1005. Now that we have figured out and engineered a method to regulate plasmid copy number in a group-specific fashion the only control element that is missing is a way to control every group at the same time. Figure 1. 3D ROP protein structure (Kokkinidis et al., 1987). Recall, we have used ColE1 replicon as base of our system. And it has given us a perfect hint on how to achieve our current objective. Wild type ColE1 replicon codes a small homodimeric, four-helix bundle protein called Rop (also known as "Repressor of primer" or Rom). Literature shows that Rop recognises specific secondary RNA structures, rather than unique sequences. What that means is that Rop binds to RNA I-RNA II kissing loop complex. When Rop binds to secondary structures, it increases the binding affinity of RNA I and RNA II and consequently-replication inhibition. As our framework approach is based on specific RNA sequence binding, having a Rop protein in our system is equivalent of having a global copy normal regulator. In theory, the protein should bind to every complex despite the specific interactions of each group, because the binding geometry should stay similar in each case. We have designed Rop protein with an Anderson promoter and showed that it can reduce the copy number of single plasmid, and multiple plasmids non-specifically. We have first decided to verify the expression of Rop protein to make sure that our designed Rop gene gives appropriate mRNA which is translated in the cell correctly. Rop gene was then placed under inducible T7 promoter. After two hours of growth, E. coli DH5a cells containing plasmid with Rop gene were induced using 1 mM IPTG. Soluble proteins from the cell lysates were separated by centrifugation and then used for SDS-PAGE. Size of Rop protein is 7,5 kDa, so it can be seen below 10 kDa size standard mark. Figure 1 shows, that Rop protein was induced successfully and its quantity increases by prolonging cell growth. It is found in soluble protein fraction which strongly suggests that Rop protein possibly forms an active spatial structure in vivo and might have influence to RNA I-RNA II duplex formation. Figure 2. SDS-PAGE of Rop protein induction. M - Thermo Scientific PageRuler Unstained Low Range Protein Ladder; 1 - E. coli soluble proteins fraction without induction after 7 h of growth; 2-5 - cells induced using 1 mM IPTG - hours above tracks indicate different time of growing after induction. We then wanted to see if we can add a constitutive Anderson promoter to Rop gene in order to change the copy numbers of a plasmid group. We have cloned 3 different anderson promoters next to Rop gene and then moved it next to RNA I. We then moved these 3 intermediate parts (BBa_K2259072, BBa_K2259073, BBa_K2259074) into the minimal SynORI vector (BBa_K2259092) next to RNA II (BBa_K2259075, BBa_K2259053, BBa_K2259052). We have then calculated the copy number. As seen in in the figure above, our Rop protein constructs successfully lower the plasmid copy number. Each anderson promoter increases Rop concentration and consequently, lowers plasmid copy number. We have also investigated Rop protein with inducible Rhamnose promoter in order to have a viable option of inducible copy number control. We have cloned Rop gene next to rhamnose promoter and RNA I (BBa_K2259070) and then placed this construct next to RNA II (BBa_K2259076) in SynORI minimal vector (BBa_K2259092). These results show that rhamnose promoter is too strong for Rop protein expression, because even the leakage of promoter at 0 percent induction leads to copy decrease to average 1 copy per cell. That means that cells can barely survive and if they do, the inhibition level is so high they cannot maintain more than one plasmid. Despite the high expression level this device can still prove to be useful in the future, for example if characterized with an active partitioning system this construct could become a useful tool for extremely low copy plasmid group generator. We have now demonstrated how Rop protein can act as constitutive (SynORI constitutive global copy number device) and inducible (SynORI inducible global copy number device) copy number regulator. See proof of concept for how we used it as a global group-unspecific multiple plasmid regulator! One of the essential parts of synthetic biology are plasmids. However, bacterial plasmid systems require a unique selection, usually an antibiotic resistance gene, to stably maintain the plasmids. As the number of different plasmid groups used in a single cell rise, the need for more selection markers grows. In addition to raising the issue of biosafety, the use of multiple antibiotic resistance genes destabilizes the functionality of the cells. To address this problem a protein granting the resistance to aminoglycoside family antibiotics, called amino 3'-glycosyl phosphotransferase (APH(3')), was split into two subunits by Calvin M. Schmidt et al. According to the obscure guidelines we split an unmodified neo gene sequence between 59 and 60 amino acid residues. Two subunits were termed a-neo and ß-neo. Furthermore, we added additional termination codon at the end of an a-neo fragment for the translation to stop. No other start codons were included into the ß-neo subunit as the gene was designed for toehold switch system. Despite the fact that ß-neo subunit had no start codon, the split antibiotic system worked perfectly when coupled with a standard promoter and a ribosome binding site (BBa_K608002). Consequently, a split antibiotic resistance gene provides a selection system to stably maintain two different plasmids. Figure 1. Split neo gene principle scheme by M. Schmidt et al. In order to increase the capability of our selection system, we reasoned that a split antibiotic system should be put under a transcriptional or translational control. A. A. Green et al. presented wide range of de novo synthesized dynamic riboregulators, called toehold switches, which take advantage of RNA-mediated linear interaction to initiate RNA strand displacement. A toehold switch contains two parts: a ribosome binding site and a linker sequence, both of which are sequestered by a secondary RNA stem loop structure. The linker sequence has a start codon and functions as a link. Figure 2. Principal toehold switch scheme by A. A. Green et al. Although the linker sequence adds additional 10 amino acid residues to the peptide, we reasoned that it will not affect the function of split antibiotic. Toehold switches are unlocked when an RNA trigger binds to the 5’ end of the toehold and initiates RNA duplex formation, which releases the locked RBS and reveals linker start codon. We concluded, that if the toehold sequences were added in front of a- and ß-neo gene fragments, the translation would require trigger RNA to initiate protein synthesis. Toeholds and their corresponding triggers design sequences were used as described by A. A. Green et al. with some modifications. First of all, it is important to note, that a "scar" which is made between biobrick prefix for protein coding sequences and suffix, contains a termination codon at the 3’ end. Therefore, it was necessary to use the other form of prefix for a- and ß-neo genes, as the translation proceeds from one biobrick to another. Furthermore, seeing that the "scar" produced when joining two biobricks is 8 base pairs, we included an additional T nucleotide at the end of linker sequence to ensure the translation stays in frame to the a- and ß-neo genes. Figure 3. The schematic representation of SynORI 4 plasmid selection gene circuit. We constructed a system, which includes two toehold riboregulators (termed toehold 1 and toehold 2) upstream of a- and ß-neo genes in two different plasmids. The corresponding activating RNA triggers (name trigger 1 and trigger 2) were placed into additional two plasmids under constant expression. All the parts used together complete a 4-plasmid selection system - two distinct trigger RNAs are expressed by two different plasmids in order to unlock the translation of toehold controlled a- and ß-neo peptides to form a complete amino 3'-glycosyl phosphotransferase. For this reason, if one plasmid is lost, the end product - a/ß dimer APH(3') is not formed, therefore bacteria lose their antibiotic resistance. The SynOri selection system circuit could be expanded by including additional transcription factor which induced the transcription of previously described RNA triggers. The fifth plasmid would house a transcription factor for the initiation of whole system. Phage modified promoter is perfect for this task, as it is activated by cI lambda peptide and repressed by cI 434 peptide with minimal leakage. Both of the RNA triggers - 1 and 2 - were placed under control of phage modified promoter. Furthermore, downstream of the trigger gene we included cI 434 repressor under constant expression to ensure minimal leakage of the promoter. The fifth plasmid was built to constantly express cI lambda - the activator of phage promoter. In the absence of this plasmid, the gene circuit cannot function, as the trigger RNA transcription is repressed by constant cI 434 expression and toehold switches lock the translation of a/ß APH(3'). When the final component of the circuit is present, the cI lambda activator enhances the transcription of both RNA triggers. The transcribed triggers then unlock the translation of a/ß neo peptides which form an active protein and confer the resistance to aminoglycoside family antibiotics. Figure 4. The schematic representation of SynORI 5 plasmid selection gene circuit. The minimal SynORI selection system, designed for maintaining two plasmids in a cell, was validated by coupling two parts of the split antibiotic coding sequences - a-neo BBa_K2259018 and ß-neo BBa_K2259019 - to constant expression promoter in two pSB1C3 plasmids. Figure 5. Results of two plasmid co-transformation containing constantly expressed a and ß split kanamycin antibiotic resistance gene. The control groups only had one or no antibiotic resistance gene subunits expressed. In addition to split antibiotic system, we were able to co-transform 4 plasmids using only kanamycin as the selection marker by implementing a riboregulatory system upstream of the previously described divided neo gene. We employed toehold switches, an orthogonal translational regulation devices, to lock the protein synthesis of the corresponding split subunits (parts: BBa_K2259034 and BBa_K2259035). Furthermore, constantly expressed RNA trigger sequences (parts: BBa_K2259038 and BBa_K2259040) were added into additional two plasmids to complete the 4 plasmid genetic circuit. Our team has developed and optimized an electroporation protocol to carry out our transformation needs. It is important to note that, in contrast to our SynORI framework, all four plasmids were the same (pSB1C3) - it had identical replicons. As a result, the selection system became unstable after long period of growth due to replicon cross-interaction. Nevertheless, as you can see from Table 1., carrying out similar experiments with 4 different antibiotics produced zero bacterial growth! Table 1. Experimental data of 4 plasmid electroporation results. The hallmark of SynORI selection framework is genetic circuit which enables 5 plasmids to be maintained in a single cell using only one selection marker. That goal has been reached by employing modified phage promoter (BBa_I12006) to construct signal activated trigger RNA transcription devices (BBa_K2259042 and BBa_K2259043) that are controlled from the fifth plasmid. Figure 6. Result of SynORI 5 plasmid selection system electroporation. The 4th field includes all the framework parts. 1 - No trigger 1 (control). 2 - No trigger 2 (control). 3 - No lambda activator plasmid (control). 4 - Full System: lambda activator plasmid; toehold 1 a-neo; toehold 2 ß-neo; trigger 1; trigger 2. The co-transformants were grown for 24 hours for the first colonies to appear, as all the plasmids had identical replicons (pSB1C3). Cell were sensitive and could not be inoculated into liquid LB medium containing standard kanamycin concentrations. Further optimizations with lower antibiotic quantities and different replicons are needed. Nevertheless, SynORI selection framework enabled bacteria to sustain 5 different plasmids with identical origins of replication in the presence of one selection marker, contrary to using a batch of different antibiotics as described earlier. SynORI framework provides an opportunity to have low copy plasmid groups, yet in order for them not to be lost during the cell division, there must be a mechanism that actively keeps plasmids in the cell. We have looked into different active partitioning systems and first chose to characterize and apply a Staphylococcus aureus type II plasmid segregation system for our framework. However, after a lot of consideration we have decided to search for alternatives. The main reason was that partitioning system of S. aureus is rather large, almost 49 kDa, as it codes two large proteins responsible for segregation. We have then stumbled upon a described pSC101 plasmid stability region which is a lot different from its counterpart. It does not seem to encode any protein but rather contains a binding site for DNA gyrase (Wahle and Kornberg, 1988). Most importantly, the regulatory region is only 400 base pair long. It has been showed that pSC101 plasmids with partial deletions of stability region have decreased supercoiling and are extremely unstable. This has led to the proposal that gyrase-generated negative supercoiling establishes a DNA conformation which enables plasmids to interact with specific E. coli structures and distribute them to daughter cells during cell division. The plasmid loss rates were measured using a method described by S. M. Deane et al. We wanted to compare plasmid loss rates with and without active partitioning system (PAR) in 2 different vectors. pSB4A5 vector and Base vector 2.0 (BBa_K225908) which we have built from Minimal base vector (BBa_K2259092) were used for the following experiments in E. coli DH5a strain. Figure 2. A. Plates of transformants containing vector with active partitioning system after 20 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side. B. Plates of transformants containing vector without active partitioning system after 20 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side. C. Plates of transformants containing vector with active partitioning system after 100 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side.D. Plates of transformants containing vector without active partitioning system after 100 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side.E. After 200 generations cells were spread once again to see mRFP intensity decrease*, compared to the previous generations the number of mRFP containing colonies without active partitioning system is invisible, the intensity of mRFP of the transformants with active partitioning system is significantly decreased. *It is possible to evaluate plasmid-containing colonies by checking if the colony contains mRFP. However, it might be tricky since the intensity can be slightly visible in colony, in that case patching bacteria on LB plates is a more trustworthy method. Figure 3. Results from the second experiment where plasmid loss was evaluated using our base vector 2.0 (Minimal base vector with (Part:BBa_K2259088). Plasmid-containing bacteria decreased significantly in a vector without an active partitioning system, plasmid loss was already visible in a 60th generation. Where vector with an active partitioning system plasmid loss was not observed in a 60th generation, the loss of both vectors increased later on. Figure 4. A. Plates of transformants containing vector with active partitioning system after 20 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side. B. Plates of transformants containing vector without active partitioning system after 20 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side. C. Plates of transformants containing vector with active partitioning system after 100 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side.D. Plates of transformants containing vector without active partitioning system after 100 generations. LB plates without antibiotic - left side. LB plates with ampicillin - right side.E. D. Bramhill and A. Kornberg, Cell 1988, 54, 915-918. S. M. Deane and D. E. Rawlings, J Bacteriol 2004, 186, 2123-2133.

2019-04-23T04:18:34Z

http://2017.igem.org/Team:Vilnius-Lithuania/Design

I usually write about something from my personal experience and relate it back to a theme or verses from the Bible. This week, I thought I’d write on some of my experiences with the Hope Frome Coffee Van. I know I haven’t included absolutely everything and I’m sure I have probably included more information than some would prefer. Having said that, I would rather speak transparently about what we do. This Friday is another HOPE Frome Coffee Van night. Every fortnight, a crew of 6-10 hi-viz orange-vested volunteers tow a caravan and gazebo tent into the middle of Frome. Armed with camping chairs and cups of coffee, volunteers readily speak to every passerby, saying, “Evening! Would you like a hot drink?”, an invitation to join those under the heat lamp and coloured lights. Hope Frome was originally launched in 2008 as a part of HOPE08, a national campaign to organise churches on a national scale for the purpose of urban renewal. The Frome group was initially devised as a collaboration between the Christian communities in the area, various community governing bodies and other community groups, to bring hope into what was then a town challenged with societal concerns, to improve the lives of those they served in the community and to communicate the love of Jesus Christ in every action. The Coffee van is one of several continuing legacies of this campaign and has become an established part of the Friday evening festivities. Guests are initially introduced to Hope Frome by a large sign lashed to the side of the caravan saying “HOPE Frome: Frome’s Christian Communities sharing the love of God to the people of Frome through practical action.” Even with the sign, the question asked almost every week is “Why are you doing this?” The reply that often leaves my lips is, “We’re here to share the Hope we have in Jesus Christ and the love of God through serving the community in practical ways” This honest answer has been the most honest and speaks volumes to nearly everyone I’ve met while out with the team. When asked what we do, we explain that we care for whoever passes through by giving out hot drinks and a safe space to hang out and chat. Often, the people we chat with are up for a night out and therefore a chance to chat is welcome, even in cold weather. The recent addition of a heat lamp in the tent has been very welcome and has helped to keep the space comfortable. What shape does one of these nights take? It begins well before 9:30, when the initial group of volunteers arrive, closer to 9 o’clock. The caravan, filled with the tent, chairs and supplies, is towed from it’s storage space to the forecourt of St. John’s church, the big church nearest to the centre of town. This location, while being on the property of a church, is fairly neutral and has the added benefit of being almost central between 3 well visited pub and on the walking route for many returning home after a night out. After the caravan is parked, the group gather for prayer. As these prayers take the form, we ask God to establish His Kingdom in the hearts of the volunteers and the visitors, for God’s hand of protection over the town, for the Good News of Jesus Christ to be meaningfully communicated, for our eyes to be opened to how God is communicating His love to those we meet in their own language, and so much more. Once the prayers conclude, the setup process begins: A power cable is run from one of the church outlets back to the caravan to power the kettle, lights and heat-lamp, the Gazebo tent is set up and the ten camping chairs are placed in a circle around a small table bearing a tin of biscuits, the drink preparation area is set up while several large jugs of water are collected after which the first kettle of the night is switched on to boil water for the two or so dozen hot drinks we’re about to serve. Once the site is set up, orange vests are donned and soon people start filtering past and invitations begin to be offered. For some of the volunteers, the orange vests are a form of protection. For others, it is something that separates, divides the volunteers from the visitors. Those who choose not to wear the vests have found that conversations flow more freely. People don’t feel they’re performing or speaking to a foreigner, but that they’re talking with someone on an even playing field, a fellow enjoyer of the evening’s events. I, personally, don’t like the vests. Having said that, I happily throw one on when issues occur, or when it is necessary to distinguish me and my purpose from those who are drunk or involved. The vests come from the days when fights were more common in town. At that time, it was crucial to wear something that would distinguish the Hope volunteers from those who were fighting. However, since the closure of the towns two clubs several years ago, the fights have become the exception rather than the rule. It is in these circumstances that I have to unfold my pocketed vest and velcro it over my top. In an area that was once notorious for fights and rough characters, Frome has been transformed over the last ten years. The town is now described as “trendy” and “hipster”, with a nearly palpable community spirit active in many corners. When the Hope Coffee van first was established, it was a joint project between the churches and the police. The police once were at the site throughout the night. While we may have the odd opposition to our purpose or presence, these oppositions are rare and challenging behaviour is minimal. As the rough behaviours have generally died down, the police have no longer needed to maintain a presence at the van. We have a radio with a direct line of communication to the bouncers and the police, but this is very rarely used. While we regularly meet new people, those who regularly visit now know what to expect and past conversations are continued. Some nights are very quiet and we only have a handful of visitors. Other nights are very busy and we see 30 to 50 visitors, a majority of whom are substantially inebriated, many of whom are open to chat. Often the conversation turns to personal beliefs and deeply felt convictions about life. It is these times that I find the most meaningful, the most insightful, the reason why I left the house at 9pm, to stay out till sometimes well after 2am. I may have only had the chance to speak with that one person for the whole night, but that one person was the reason I was there. These nights are wrapped up around 1:30am, at which point the setup process is done in reverse. Once everything is put away, the volunteers conclude whatever lingering discussions may have been drawn out and they come together in the hall of a church property. The evening concludes with a debrief time. Prayer requests are offered and volunteers are given space to say anything they need to get off their chest, after which the group spends some time in prayer. These precious times are spend giving thanks for the events evening and bringing the concerns of the visitors before God. During this time, everyone is very tired and, while the prayer time is appreciated and isn’t rushed, volunteers are eager to get home to their own beds. I have loved the last 4 years that I’ve been involved with Hope Frome and totally look forward to continuing to be a part of developing a visionary culture, seeking God’s inspiration for serving the greater communities of Frome. 25 I have become its servant by the commission God gave me to present to you the word of God in its fullness— 26 the mystery that has been kept hidden for ages and generations, but is now disclosed to the Lord’s people. 27 To them God has chosen to make known among the Gentiles the glorious riches of this mystery, which is Christ in you, the hope of glory. 28 He is the one we proclaim, admonishing and teaching everyone with all wisdom, so that we may present everyone fully mature in Christ. This week, I’ll be in Frome College. As ever, I’ll be mentoring my group of boys and spending the lunch break with them and other young people. PRAY FOR THESE TIMES! Many young people in Frome College are really struggling with things. The staff find it challenging to find ways to draw these young people back to a place where they actually want to learn. While I’m mentoring, I often reflect with the boys on the need for them to be in the race and stay in the race in order to finish well. Pray that God would communicate His love to these young people through me. As is hopefully clear from the above reflection, this week, the HOPE COFFEE VAN will be in the forecourt of St John’s church, from 10pm-1:30am, giving out hot drinks and offering a chance to chat with passers by. PRAY that God would establish His Kingship in our hearts, that we would be able to speak and act with authority in Him, and that people's lives would be transformed by the love of God during these times. This Sunday night in Trinity Hall, SUNDAY CAFE is happening! We’ll be there from 6:30-8:30, playing games, eating snacks and having fun. This week, we’ll be in the second week of our series leading up to the events of Jesus death and resurrection! Totally exciting! Please pray! We’re developing a new CULTURE of Vision for future ministry to Youth in Frome from Holy Trinity. PLEASE PRAY FOR THIS! GET INVOLVED! If you’re interested in having a hand in working with teens/tweens, please get in touch! Who?: Parents, Supporters, Facilitators, Future Volunteers, Prayer Partners, etc! What?: Pray! Renewed Vision for Youth Ministry Culture! We are seeking God’s direction as we renew our vision for ministering to/with young people (teens and young adults) in Holy Trinity. If you do or don’t have experience in Youth Ministry, that’s fine. As many of you know, I’m studying at Church Mission Society for a diploma in Pioneer Mission Leadership. I’m doing an extended training time to allow me to pursue Pioneer Missions in the context of Frome. At the moment, I’m in the middle of a series of essays for a portfolio for the current module. A couple of these essays are meant to be done slightly more creatively than a typical essay. One of these essays is meant to be written in the form of a blog or journal post. And I’ll let you into a secret, the above reflection is one of my writings. It may be a little rough in places and I’m sure I’ve missed out a word, or misspelled something or (as I’ve been known to do in the past) completely forgotten to finish a sentence. But, as it is all done electronically, I will be able to correct and revise this writing until it’s final completion date. Thank you ALL for your prayers, support and encouragement! I really appreciate it! I KNOW God has called me to His purpose. It’s in this season of learning that I get to focus more intensely on seeking His heart and vision for my life and where He is calling me to serve, to whom and how! Please continue to pray for me through this time. ALSO, Pray for the vision I’ve been given for the Climbing Centre. I’ve been in contact with a few interested parties and am looking forward to facilitating a collaborative effort centering around indoor climbing. PLEASE PRAY that God would shape the hearts of all those who will become involved to be favourable to the Vision God has laid out to serve the greater community. PRAY that it isn’t overtaken by those who can’t see a broad vision beyond their own benefit. Pray that my eyes would remain open to ways that I can be collaborative and open to change and at the same time remain solid in the places where compromise is not an option. Thanks again for all of your continued support and prayer! Hi prayer family! I’m writing on Friday morning rather than Thursday night because I think I need to be getting more sleep but the intense wind that’s been coming up the valley isn’t entirely helping with that (see last week’s reflection. The thing is this: our communal and personal connection with God is intensely important and should be even more intensely valuable to each one of us. This isn’t just a task that we check off the list every morning (ie: “I ‘say my prayers’ every morning.”), this is what you do when you have a relationship with someone. You talk with them! However, when your friend also happens to be the King of the Universe and Time, you have the privilege of having a first-hand ability to ask for His interaction in your life and intercede to Him for the situations of others! Roughly 20 centuries ago, Jesus instructed His disciples in how to pray. We call this “The Lord’s Prayer”. We often pray this word-for-word, as if it should be unchanged, but I want to challenge this concept of unchangeability. I Love Jesus’ instruction for the framework shape He gives us to help us to pray, recognising a broad aspect of life. A while ago, I started deconstructing this prayer, looking for the theme behind the line in the prayer. I want to encourage you to do the same. Below, I’ve included the version I’ve put together. The original prayer is in Bold, what I’m thinking and often praying alongside the original is in Italics and (Parentheses). This is an ongoing process and when something new is revealed to me in this prayer, I add it. It may not be “correct”, but it is coming from me, I’ve made it my own. To me, it’s not just a set of words on the page. (forgive my sins, look beyond my brokenness, my imperfections that separate me from You. Today, I’m going into Selwood Academy! Please pray for me as I mentor and run the Christian Union there. Pray for peace and blessing to be in this place and in the whole of the school! May God be known in and from this place! I’ve been given the name of some connections with people in the area who are interested in having a role in developing a Climbing facility in Frome. Please pray as I meet these people. Pray that they would be open to receiving the Vision for this thing that GOD has given me. Pray that they recognise the value of pursuing it in the direction that I’ve been going. Pray that within this, there would be a solid witness to God’s goodness, hope and provision throughout how this project proceeds! Last night was another windy night. Because our bedroom is on the top floor and the ceiling is vaulted to the contours of the roof above, I hear the wind battering the front of the house. I sometime find it particularly difficult to sleep if I can hear one of our clay roof tiles clinking against it’s neighbour. On more than one occasion I’ve woken up in a panic as I hear a single drip fall from a rafter onto carpet, the result of the wind blowing rain up and under the roof tiles and the damp-proof fabric. So I am a little on edge when it’s windy like this. But at the same time, I love the results of the wind. I think it’s God’s way of clearing away the dirt and breaking away the dead or unhealthy branches out of trees, clearing away disease and shallow growth in order to make space for health and fruitful growth. This image reminds me of Jesus talking about the pruning of unfruitful branches. Is the wind one of God’s methods of pruning creation? I love that the Spirit of God is known in Hebrew as the “Ruach HaKodesh”, which means, literally, the Wind or Breath of Holiness. The word “Kodesh” means Holy, set apart, the only one. “Ruach” is interpreted in a load of ways, but each of the various translations speak to ways we see God reveal His Spirit. In Genesis, we see God’s breath being present as He called the creation into being. In Exodus we see a “strong east wind” part the Red Sea for the Israelites (Ex 14:21). Fast forwarding to the New Testament, after He defeated death, Jesus breathed on His disciples and said, “Receive the Holy Spirit.” (Jn 20:22). Then, after Jesus went to be with the Father, the disciples experienced a “violent rushing wind” and they were all filled with the Pneuma Hagios (greek), or the Ruach HaKodesh (hebrew). So, when you next step outside on a windy day and have lean hard, pressing into a heavy gale, use it to remind you of the presence of God being made known, in a very physical way throughout ALL of His creation! This week, I’ll be at Frome College, mentoring and hanging out with the lads! So you’re aware, Christian Union has evolved to include me facilitating a safe space for a group of underachieving lads to hang out, mess around, and sometime talk (briefly) about deep things. I’m totally comfortable with this relationship to what used to be an obvious “Christian Union”. But I would really love a lot of prayer for these lunch-time groups. • For the students who are dealing with the various dilemmas mentioned above. School isn’t the only issue these young people are facing. They also deal with social and emotional dilemmas. Their anxieties are allowed to reek havoc on their hearts, unchecked. Depression is equally active, but arguably more destructive. • For me, visiting with both of these groups. Fridays (my visiting day) are always somewhat chaotic, being the end of the week. Pray that my presence would be peace-bringing and life giving. Well, Last Sunday, the Frome Independent Market was cancelled due to a forecast of bad wind (insert stifled chuckling here). But really, they didn’t want a flock of airborne gazebo tents to take flight, mid market, clobbering hundreds and causing the market calamity of the decade. So, all that to say we didn’t run the HOPE Oasis at the market. BUT this Friday is the Friday Night HOPE Coffee Van! If you’re in Frome this Friday night between 10pm and 1:30am, please drop by and pray WITH us and see what we’re about! Please Pray, These nights can be cold and unforgiving, but I often arrive back home afterwards absolutely buzzing, excited to see what God has been doing in the conversations I’ve had over the process of the night! Pray that Those we meet this week would meet with God in a real, authentic, Spirit-filled way. Pray for at least one major healing from God. Pray that one person would walk away with a Bible, eager to read it cover-to-cover! Pray that people would begin a new life following The Way of Jesus! This Sunday night, SUNDAY CAFE is on from 6:30pm-8:30pm at Trinity Hall! We’ll be chatting over part 2 of our mini-series on Creation, setting the scene for the situations we (humanity) are in the middle of in the present. HOLY TRINITY FROME’S YOUTH MINISTRY are looking for people like YOU to join us. We are looking for willing and capable volunteer youth leaders, volunteer evening event facilitators and dedicated Prayer partners. Volunteering doesn’t necessarily mean you will need to be at every single weekly event. It means you will join a group of people looking to serve the Young people who come to youth events. If you volunteer to help out with games, you have the chance to communicate respect, stewardship, honour, patience, and so much more through your actions. Following this presentation was a presentation proposing for the creation of a Children & Young People Project Development Officer post, which was FIRMLY agreed upon unanimously by the council! In fact, the initial proposal for a one-year short-term post was doubled to two with a potential for future extensions, pending review. This is HUGE news for Young people’s provision in the town as there has been a void of provision in Frome and this is proposed taking into account the specific needs of the actual youth residents of the town! Finally, I’m really pushing in to a lot of reading and getting my head around what we mean when we talk about “Mission”, “Evangelism” and “The Incarnation”. It’s deep stuff that demands a well reasoned, well sourced approach. I’m not writing a novel, just a few thousand words (about 20 pages), but I need to can all that I’ve read and learned and try to collate it into an easily digestible piece of writing. PLEEEEEEZE pray for me. If ever my anxieties get up, it’s because of these essays and getting it “right”. Thank you all, once again, for your prayers. God is good and faithful to complete everything He has started. The time you spend praying is incredibly valuable as you are advertently coming before God, laying our lives before Him, saying “do whatever You think is best”. If we need more of anything, we need more prayer! In my reading lately, I’ve been looking at how the Incarnation of God into this world through Jesus. In Jesus whole life, death and resurrection, we see His all encompassing LOVE poured out for us! Taking it one step further, I’ve been looking more specifically at how God’s incarnate love makes contact with us. If you come into contact with ice you feel it’s coldness. If you STAY in contact with ice, you become cold, you take on it’s cold characteristics. But if you insulate yourself against the cold, the effect of the cold ice will be limited, or even cancelled out entirely. This insulation could be through clothing, through how close or far you are from the ice, or if you isolate yourself from it inside a building, the walls become your insulation. In the same way, through Jesus, God has made contact with us. Jesus said, “I will never leave you nor forsake you.” So, we will never leave contact with Jesus. If I stick with the ice analogy, does our contact with Jesus mean we will start taking on the characteristics of Jesus? I sure hope so! And once I’ve blown my nose and splashed some water on my face to wash the tears away, I come to a new place of recognition. I’m in CONTACT with God! What happens now? Will others notice a unique characteristic that says I’ve been with God? When Moses visited God and spoke with Him face to face “like a friend”, he glowed because he had been in the presence of the Lord. Do I glow? Or is there something else? In Philippians 2, Paul talks about being “United with Christ”. Then, he goes on to talk about what shape your life takes if you’re influenced by God’s love. It’s amazing! We’re united as a community, we aren’t selfish, we don’t think more highly of ourselves than we should, we value the interests of others. Sounds wonderful to me! But reading this makes me wonder about the body of Christ. I’ve seen some amazing ministries and missions that have been done, but it seems to be only a few who do it. It’s like our spiritual mittens have become a barrier to God working through each of us. Have we allowed ourselves to become insulated against the cooling effects of the presence of God in our lives? I wonder what would life look like for followers of Christ look like if we weren’t so well insulated? I’ve found some music particularly helpful for studying. It’s instrumental worship music. The music label “Integrity Music” have brought out instrumental worship albums over the last few years, the first of which is called “Still: Volume 1” by RIvers & Robots. The second is called ”Still: Volume 2” by the Bright City. And the third (which is yet to be released in full) is called “Still: Volume 3” by The Creak. One of the songs from this album has been released to interest people in purchasing the album when it’s released in full. This song is an instrumental rendition of the song “Reckless Love”. It will not be to everyone’s liking, but it is a brilliant background soundtrack to listen to while recognising God’s contact with you on a personal level. If you know the song, you can sing along with it. I’m a wreck if I sing along to it. The absolute certainty of God’s love for me as part of His creation is mind-blowing and puts me into a very emotional place. Have a listen to one of the 3 “Still” album links above and at the same time, have a read through Philippians 2. Seek God’s contact in this time and allow this time with God to effect you and who you’re becoming. If you notice God making a change in you, tell me about it in an email! Thank you for continuing to pray for me and for the mission God is calling me into. God’s provision and His love for my wife and I are worth everything to me. Pray that we would see God’s hand working in so many more ways and that people would come to know Him in real and personal ways as a result of what He is doing through us! This week I’ll be in Selwood Academy! I haven’t been to Selwood in ages! We’ve had a snow-day a half-term break AND an inset day. The thing about it is that God is still working in these kids lives whether I’m there or not! Please Pray that God would have communicated something unique to each of the kids at the school. Pray for me as I go into Selwood this week to mentor and facilitate a Christian Union. These kids love this time and use it to blow off steam. Pray that these kids would be inspired to seek deeper, to understand the heart of their maker! Also pray for the leadership and teaching staff. The school has just returned from a BIG skiing trip and the staff must’ve been absolutely exhausted by the end of it! Pray for resilience, strength and wisdom for getting through the next half of this term! THIS SUNDAY is the first of TEN Frome Independent Artisan Markets! HOPE Oasis will be out in the Market Yard, opposite the Community Fridge, handing out cups of water as well as being a water refill station, and offering a calm place to sit to get out of the business of the market for a moment. PRAY that the Hope of Jesus Christ would be communicated, even if not verbally, in this place. Pray for all the volunteers that God would give us wisdom in what to say and do. Pray that God’s Kingdom would be made known in the town of Frome! SUNDAY CAFE is ON this week! TONIGHT is a Youth Group planning meeting. We’ll be looking at possibly shifting how we do things to keep youth events interesting. PRAY for inspiration and wisdom as we seek God’s heart for serving these young people. Pray for the parents we’ll be connecting with in the coming weeks to hear from them what shape they think the ministry to youth should take in Trinity Church. I’m continuing my studies at CMS. For the moment, a lot of time is put into researching and drawing quotes from sources to put together a cohesive, integrated thought. Not exactly my forte. Actually, I could use a lot of prayer on this front. Also, I could use a massive helping of prayer in not getting sidetracked. It’s far too easy for me to get stuck in a tangent of research or reading that doesn’t actually help me to complete the task at hand. In other news, This week coming is another developer meeting. This time it’s optional, but I think I need to try to make an appearance. Pray that I would hear God’s heart for this project and that He would speak through me. Pray that God would use me to make His Kingdom known in this place! When I was young, I was involved with a youth club called “4-H”. In 4H, I learned to care for my dog, Gunner, a Bernese Mountain Dog who was a little small for his breed, but full of energy. 4H was fun because it was social as well. I met with other kids who had their own dogs of various breeds. We learned dog obedience training and handling. Once a year, we would go to the big county fair and show our dogs for ribbons. Alongside our dogs, there were people showing cattle, baking pies, quilting and so many other things, all as a part of 4H. I later learned that 4H was involved in a broad range of activities. Their stated purpose being “engaging youth to reach their fullest potential while advancing the field of youth development”. How brilliant is this?! Now, America loves its pledges, but they seem to be less popular in the UK. However, I think there’s value in publicly voicing your intentions, making a promise and committing to dedicate yourself to things like this. 4 “Hear, O Israel: The Lord our God, the Lord is one [The Lord is our God, the Lord alone, the only one]! 5 You shall love the Lord your God with all your heart, with all your soul, and with all your strength. 6 “And these words which I command you today shall be in your heart. 7 You shall teach them diligently to your children, and shall talk of them when you sit in your house, when you walk by the way, when you lie down, and when you rise up. This verse is almost mirrored in the 4H pledge! I love that first line in verse 7, “You shall teach them diligently to your children!” I can’t get over how amazing this is! All of these lifstyle action suggestions are great. They can be done by anyone, whether they Love Yahweh or not. But those who DO love the Lord pursue these things differently. It’s like the person who sells flowers at a shop verses the person who gives flowers to the person they love. Both give the thing for another to receive, only one gift is given from a place of love. What would the world look like if we were to dedicate the “four H’s” of our lives to the Lord Almighty? I, for one, think we’d see the Kingdom of God coming in power! This week coming, weave each of the 4 H’s into a new prayer every day. Don’t formalise the prayer and pray the same thing. Ask God to shape your heart to reflect His intentions for your conversation with Him. Thank you for your continued support and prayers for me and what God is doing in my life and in the ministries I am a part of. This week is Half-term holiday week! You will have noticed that I didn’t write until Friday mid-day this week. This is why. I’ll be back in Selwood Academy next week. Pray for the Christian Union group that meets there. Pray especially for the boy “A**”, who seeks to be purposefully challenging in order to divert attention. Pray for those I mentor. In general, the whole lot of them are really maturing well with emotional hiccups being very rare now. Pray for the staff of this school as well as the overall culture and teaching style that is fostered there. Pray for wisdom in the leadership and comfort in the challenges that they face. Pray for a strong vision for how this school’s students develop socially. This week is a HOPE COFFEE VAN week! We’ll be in the St. John’s forecourt from 10pm until 1:30am. If you’d like to stop by and see what we do and how we do it, you’re more than welcome! This is a good time to pray for us (as many of you will be just tucking into bed as we’re beginning our night. Pray for a renewed vision for Hope Frome (ie: the team directly operating in Frome). Pray for new volunteers who have a heart for the Lord (see the reflection above). Pray for a renewed direction for who we are called to serve and how we are called to serve them. As it was Half term this week, we had a holiday weekend last weekend, but we’ll be back this week coming with a PIZZA, ICE-CREAM AND A MOVIE Social! We’ll be watching something fun on the new giant projector screen in Trinity Hall and hanging out together. Pray for a renewed vision for the Youth Ministry of Holy Trinity Frome. Pray for inspiration and a strong conviction for who God is leading us to connect with and how exactly that connection is to be made. IF YOU ARE A PARENT AND YOU’RE READING THIS, GET IN CONTACT WITH ME! I’d REALLY appreciate involving you in the discussions surrounding What/When/How/Who/Why we do what we do! As you may already know, I’m in the middle of the Mission and Evangelism Module in my studies at CMS for Lay Pioneer Mission Leadership. There are times when it’s a challenge to find the words to type into an essay or the right heart to go forward with a summative reflection, but then there are afternoons like yesterday. I was looking for the right words, when all of a sudden they came to me! I searched for them and discovered that I had a book with exactly that quote inside! I could’ve cried! I grabbed the reference and stuck it in my writing, then continued browsing through the book (which is thick as a brick!) and continued being inspired by what I read! Please Pray for me as I continue with studies, writing and assignments. I’m still working out the kinks, stretching my muscles and establishing my resiliencies. This week, I, along with several other groups, met with the developers for the Saxonvale site to present my idea for a Climbing Centre somewhere in this new development area. The Climbing Centre is something God gave me a vision for several years ago. It was incredibly encouraging to hear that almost every group involved, but for one, had similar ideas for what they wanted to install in this space! The idea I proposed was the only one that addressed specifically the needs of young people. This is why it has been encouraged by the developer. In fact, once I suggested it, almost each of the 6 or 7 groups present had a response to how we could make this vision happen! I don’t know if it’s encouraging or discouraging, but the representative from the developer said personally to me that he thinks there won’t be enough parking for a climbing centre as it’ll be too popular! This meeting does not mean that a centre like this is a “done deal”. It just means that some of the proposed ideas are being thoughtfully considered. I don’t think I’ve given away too much in what I’ve just said. 1. Please Pray for this vision. I am not pursuing this from a place of personal strength in understanding how to start something like this, nor am I coming into it with the weight of a big pocket book behind it, but because I feel that God has given me a vision to pursue in order to communicate His love in a unique way in this area. Please get in touch with me. This is all new territory for me and therefore seems a lot bigger than I think it should. Thank you for continuing to pray for all that is mentioned above and so much more! How can we reflect this in our community?

2019-04-23T14:27:27Z

http://fromeact.org.uk/factblog/4594339759

This post attempts to address three topics: (I) a host of preliminary considerations, (II) a vision for how the Feast Upon the Word wiki can be implemented; and (III) stages of development, or benchmarks along the path to realizing that vision. Matthew and I have been conversing about portions of this topic, and he asked that I put something together for wider comment. It grew into this full blown rethinking of everything. Matthew has seen this post before it went up, but at this point he is keeping his options open by neither vetoing nor endorsing anything here. I have thought about most of these issues before, but in the process of putting this together I have again refined my thinking. The hope is that other people will chip in and refine these ideas even further. This post is long, but it asks a lot of fundamental questions that I think deserve consideration. Feast Upon the Word is an LDS scripture study wiki. So I approach a vision for the site by first asking several big questions related to that description. These can be thought of as a checklist of reminders about things the site should do. A. Where do scripture study and commentaries fit in the bigger picture? B. What are the steps or factors that go into a rigorous interpretation of scripture? C. What should a scriptural commentary draw upon and accomplish? D. With all the other commentaries out there, what does a wiki add? Or why does building the wiki matter? E. Design constraints: What makes for good presentation in a commentary or other reference? What makes for good website design? What makes for a good collaborative wiki? F. What makes a project valuable or worthwhile? I believe that thinking about these questions puts a person in a better place to then think about implementation. • What should be the vision for how the wiki is ultimately implemented? Finally, I suggest five stages of development that I believe would reflect discrete stages or benchmarks in the growing maturity of the wiki toward that vision. B. Inviting volunteers to work on a limited number of pages. C. Inviting public use and contributions. The point of the preliminary considerations in Part I of this post is to develop a checklist of considerations that the wiki ought to incorporate when developing the recommendations made in Part II. I can identify three reasons to read the scriptures. (a) To nourish our testimonies. As we read the scriptures, we invite the Holy Ghost to bear witness to us of their truth. (b) To study what the prophets have written in order to learn the doctrines that they taught and that God has preserved for us in the canonized scriptures. These truths do not depend on what we hear, but rather on what was said. (c) To find personal application. These truths do depend as much on what we hear as what was said. While we read, the Holy Ghost can prompt us to recognize truths that are important for our individual lives, even if the verse that prompts us to recognize that truth is taken completely out of context. Think of the character Perchik in the movie Fiddler on the Roof, who reads the story of Jacob marrying the wrong daughter and then concludes that the moral is “Never trust an employer.” That may be what Perchik heard, and it may even be an important truth at that moment for him, but it is not what Moses said in a canonized book of scripture, and it is not a truth of general application. This illustrates the difference between studying doctrines of general application and finding personal or individual application. I think that commentaries are only particularly helpful with regard to the second of these three reasons for reading the scriptures. That is, studying what the prophets have said in order to learn canonized doctrines of general application. In the course of studying what the prophets have said, we can engage in three activities that will help us to gain understanding: (a) search diligently; (b) ponder; and (c) pray. See 3 Ne 23:1; 17:2-3 where the Savior spells out these three specific activities to the Nephites. But even with regard to these three activities that help us to study, I think commentaries are only helpful with regard to searching. I will not further defend the value of scripture commentaries. The Church publishes Institute manuals, and anyone who reads commentaries must think they have value. But I believe it is helpful to also remember that this value is limited. Even the best commentary cannot supply everything that must be done in order to understand and internalize what the prophets have written. These are the steps that I know to include in a comprehensive and rigorous interpretation of scripture. I am not saying that every reader has to perform every step back to original sources in order to fairly understand a passage of scripture. But I do believe that the failure to at least read a summary of someone else’s results for each step leaves a gap in the reader’s knowledge that, for all they know, might change their understanding. So I figure that each of these steps should be incorporated into the wiki. Any of these steps can be done in a manner that is lazy or sloppy. But that does not deprive the step of value when done carefully. I do not want any individual contributor to worry about mechanically going through all of these steps. I would much rather read something insightful from a contributor who only worries about one or two steps than something from a contributor who dutifully follows each step but adds nothing insightful to my understanding. I do, however, want the wiki set up in a way that makes it easy for a contributor to address whichever step holds interest for them. 1. Understand the setting. This means the setting of the story, of the author, and of the audience. These three settings may all be the same, or they may all be different. For example, when Mormon wrote the book of Mosiah for us, the action, author, and audience all had different settings, and all three are important to understanding the book. In scope the setting can include the historical background, geography, climate, politics, and culture. In form of presentation it can include text, maps, timelines, photographs, audio, and videos. Understanding the setting of a book often supplies additional light on its meaning. For example, Daniel’s emphasis on God’s powerful interventions is more meaningful in light of the recent conquest of Judah and destruction of God’s house, the Jerusalem temple. Haggai also makes more sense in light of the Jewish return to Jerusalem and the stoppage of work rebuilding the temple. 2. Familiarity with the participants. Portions of Samuel’s account of King David, for example, make more sense after one becomes familiar with Joab’s personality and his relationship to David. 3. Identify the text. This means deciding exactly what are the words that you are trying to understand. (a) For the Bible, this step occurs pre-English-translation and means resolving inconsistencies between the LXX, the MT, and Dead Sea Scrolls. (b) For the Book of Mormon, this includes reference to the printer’s manuscript and to Royal Skousen’s work on the original text. (c) For the Doctrine & Covenants, this includes reference to the two revelation books and to the changes between the first three editions that were printed during Joseph Smith’s lifetime. (d) For the JST, this means consulting the four original JST manuscripts, or at least Wayment’s transcription of them. 4. Ascertain the meaning of the words. (a) For the Bible, this includes reference to an interlinear Bible, Strong’s concordance, a Greek or Hebrew lexicon, and alternate English translations. (b) For the Book of Mormon and Doctrine & Covenants, this includes reference to the 1828 Webster’s dictionary, and for the Book of Mormon perhaps even the modern Hebrew translation that although derived from English may nevertheless shed light on usages in the original language. (c) For all books this includes each author’s idiosyncratic use of words, such as Joseph Smith’s common use of “And again” to indicate the beginnings of new ideas in D&C 76and elsewhere. (d) For punctuation that Joseph Smith either supplied or at least did not change, this may also include an understanding of how the use of punctuation in English has changed following the invention of the microphone. The goal, again, is to get past what we are predisposed to hear and understand what was actually said. 5. Identify and ascertain the significance of references to cultural knowledge. This includes: (a) references to other texts, such as when Paul quotes from the Old Testament; (b) references to social customs and earlier events, such as when Christ refers to Abraham or Jonah; (c) references to well established symbols, such as the marriage supper of the bridegroom or the Day of the Lord; and (d) references to verbal customs and formulas, such as the use of covenant blessing and cursing formulas. One way to approach a text is to try to understand it the same way that the author likely expected his audience to understand it. 6. Understand the doctrinal context. This means understanding: (a) how the speaker and/or author understood a doctrine; (b) how the doctrine was widely understood at the time, perhaps by the audience; and (c) what we know today about the doctrine so that we understand all of God’s prophets to teach consistently with each other. 7. Understand the author’s train of thought. I will explain what I mean since this is the step most often skipped in commentaries that I see, including the wiki until I recently went through and formatted the chapter level and book level pages. There is a difference between a commentary that helps you understand a book as a coherent whole, and one that merely helps you understand many of the little pieces of the book. I have therefore developed a multi-part question that I use to evaluate my understanding of a passage: (a) identify the principal message(s) the author attempts to convey in this passage; (b) explain why you believe this is the author’s principal message; (c) outline the author’s train of thought in developing this message throughout this passage; (d) identify any larger units of thought to which this passage belongs (group of chapters, book, etc); and (e) explain how this passage supports and develops the principal messages of those larger units. If am unable to answer any part of this question, then I obviously do not yet have a full grasp of the passage. Likewise, if there is any part of this question that a commentary does not address, then it is incomplete. There is plenty of psychological and linguistic research to support my underlying assumption that sentences are not just a linear sequence, but are instead bundled hierarchically into passages or chunks called paragraphs, which in turn get bundled together into larger and higher level units called chapters, which in turn get bundled into even higher level units called books. Even dogs can clearly communicate at the level of the sentence. But people, including the prophets who wrote the scriptures, routinely communicate much more complex concepts at the level of the paragraph and above. So this step means identifying: (a) coherent units of thought such as sentences and paragraphs, (b) the relationships between those units, and (c) the relative prominence given to the various parts. The goal of this step is to understand the organization of the entire book as a whole so that the purpose of each part can be understood in the context of that overall plan. This would ideally result in an outline, such as the well known chiasmus of Alma 36 or the outline I have posted for Ether. This makes it harder to take individual words and sentences out of context, or to make them say more than the author intended. 8. Consult later commentators. This includes: (a) later writers in the scriptures, such as when Nephi quotes and explains Isaiah; (b) modern day prophets; (c) LDS and non-LDS scholars who have written commentaries; and (d) traditional Jewish understanding of passages and stories. This will not be the first time that a smart person has tried to explain a book of scripture, and there is no reason to reinvent the wheel from scratch. * Depth and breadth. I have seen several discussions on the wiki from prior years regarding the difference between “depth,” which I understand to emphasize steps 4 and 5, and “breadth,” which I understand to emphasize steps 6 and 7. I strongly believe that both approaches can and must co-exist on the site. Since I do not have enough time in this life to perform every useful step in the process of interpretation for every single book of the scriptures, I tend to focus my energy on the steps that are most efficient and rewarding for me. But I also recognize that the steps on which I personally spend less time are still valuable. So one of my goals is to especially encourage other people to perform and write up the steps that I am least likely to perform for myself – not the ones that I will get around to anyway on my own. (a) Commentary. See more on this immediately below. (b) History. A book on early church history to provide the historical setting of each section and to explain references in the text to people, places, and situations. (c) Biographies. A book with short biographies of about fifty leading participants. (d) Maps. An atlas of early Mormon history. (e) Pictures. A coffee table book with photographs of people and places, or a video. (h) List of Parallel References. A list of all references in D&C to passages in other books of scripture. (i) Outline. A linguistic analysis of the text of each section (here is a simple one for Section 1). (a) Serve as a model for the reader’s own interpretation. A commentary should work through and explain all of the interpretive steps identified in the preceding section. In this way it can serve as a model from which newbies can learn how to go about doing their own interpretation. A good commentary will not only hand out fish, but will also demonstrate how to fish. (b) Identify main points as main points, but also identify other doctrines that are taught or illustrated. For example, the nature of God’s power is not one of the principal messages taught in Section 29. But verse 29:36 is nevertheless the clearest statement anywhere in the scriptures of the principle that God’s power is tied to his honor. A commentary should communicate that fact. And regardless of whether a commentary on just the D&C needs to go any further, a comprehensive commentary on the entire standard works, like this wiki, should at some point – probable here – identify this as a doctrine that is taught in the scriptures and bring in cross-references such as Moses 4:1-4 which repeats the same statement, D&C 121:36-41 which talks about what can end power, and Alma 42:15 that also talks about what can end God’s power. (I do not care for present purposes whether this is called interpretation or additional commentary). (c) Share insights. Often in the scriptures a doctrine will play out in the narrative without being explicitly identified and without much emphasis. For example, at the end of Mosiah significant reforms are made to both church and state, the two social institutions that are intended to safeguard free agency. While this connection to free agency is not spelled out in the text, that extra-textual insight does help one to understand important principles that help explain what is happening. (I also do not care for present purposes whether this is called interpretation or additional commentary). (d) Marshal cultural knowledge and the wisdom of others. A commentary should marshal resources that help readers to know and understand what is likely outside of their own experience and culture. It should likewise marshal insights to help us to understand what is difficult. In this way a good commentary serves as a labor saving device that collects all of these resources in a single location. (e) Evaluate competing facts and interpretations. There will often be more than one possible interpretation of a passage, or of a fact that bears on the interpretation of a passage. Those competing views should be identified and, when possible, evaluated so that readers know whether both are equally likely, or whether one is much more likely than the other, and why. A commentary should not fall into the trap of giving equal attention to every interpretation ever suggested by a junior faculty member who was desperately searching for something original to publish. In my view, the value of a commentary depends on its ability to help me to correctly understand what the prophets were trying to say, not on whether it is – or is not – new or different. (f) Suggest alternative approaches to interpretation. _____________________. (g) Discuss application. A commentary should go beyond merely understanding the author’s message to addressing how that message can change our understanding and/or behavior. Does the scripture tell us to behave in a certain way? Does the scripture explain a doctrine in a way that would cause us to behave differently? It should help us use the scriptures to reflect upon and reform our lives. People are increasingly going online for their reference sources. I expect that trend to hold for Church members who study the scriptures, including my own children and grandchildren. If I can influence what is available for them in a way that matters, then I want to do so. 1. Why the wiki is uniquely important. There are many other websites that also have LDS commentary. The thing that is unique about Feast Upon the Word is its format as a wiki. So this question can be posed as whether people need a free online LDS commentary specifically in the form of a wiki. I equate the concept of an LDS scripture wiki in general with Feast Upon the Word. If a wiki is by definition a collaborative effort open to an entire community, then there should never be more than one wiki on a single topic in a single community. This wiki is already up and has a substantial amount of content. I cannot imagine why another faithful LDS group would need to start a competing project that is likewise collaborative and open to exactly the same entire community. I therefore make no distinction between the concept of an LDS scripture wiki and its embodiment in Feast Upon the Word. (a) The site must host a lot of content. The commentary must include, and must now be making reasonable progress toward including, all of the content described above for commentaries, and must do so for most of the entire standard works. This rules out any website that does not openly crowdsource content because the quantity of writing required to satisfy this requirement will simply outstrip the resources of any closed group of volunteers. (b) The site must hyperlink to unhosted references. Everything on the bookshelf described above that is not hosted should be accessible from the site by hyperlink. This is subject only to unavoidable restrictions imposed by copyright. This also means that the commentary must be electronic rather than paper. It is useful if the site also hyperlinks to other sites with commentary. But the requirement is linking to authoritative references, such as the NIV translation, that both support the commentary on the site and will never be duplicated on the site. (c) The site must be free – and free of ads. The entire commentary must be available for free to everyone. Free delivery again rules out anything that is not digital. Free access also rules out anything from Deseret Book or anyone else who must pay employees to develop their content. – The future progress of the wiki is not dependent on the continued interest and availability of any particular individuals. – Credentials are not required to contribute. There will always be a place for authored and peer reviewed commentary by BYU religion professors. That work can serve as an important check on the conclusions that others draw and the facts upon which they rely. But credentialed academics do not have a monopoly on insight. – A wiki invites both polished work and unpolished tentative suggestions. Contributions can be made before they are fully developed or well phrased, and then be further developed or polished by others. – A wiki allows contributors to post material in small units, as small as a bullet point or a single link, without having to write a fully developed treatise. A person can publish a single great insight without having to first publish an entire book. – It can be updated. It is not frozen once for all time but can be repeatedly updated. – Also, larger contributions also do not have to be fully edited. Non-English majors can contribute, and others can go back and rephrase. – Mechanical tasks are performed only once. If I try to host my own comprehensive site, then I must create numerous links to resources like a Hebrew lexicon. If I contribute instead to a collaborative wiki, then that step is performed only once and no other contributor will have to duplicate that work. – Search engine optimization is shared. Contributors can cooperate in creating a single destination that is worth visiting instead of competing for eyeballs with lots of smaller sites that may not be worth visiting. No one has to find my own small individual site. They can just go to the same wiki they already visit, and there they will also find my content. – I only have to write the portions of commentary that I care about. Other contributors can do the same. Eventually it adds up so that the site becomes fairly comprehensive and the whole becomes more than the sum of its parts. – Groups tend to outperform individuals, even really smart individuals, when it comes to aggregating insights. – Other contributors can correct, refine, and further develop what I write. And I can do the same to what other people write. I have specific complaints about deficiencies in many of the commentaries I read, both LDS and non-LDS. But on a wiki I can contribute to satisfy those deficiencies. And if other people agree that those contributions are valuable, then some will eventually make similar contributions to other parts of the wiki, and the approach will be generally incorporated into the discussion. 3. Weaknesses of wikis. After extolling the virtues of the wiki format, I will also point out two weaknesses that we should endeavor to design around to the extent possible. (h) Tension between openness v. quality. First there is an obvious tension between the goal of openness on the one hand and the goals of orthodoxy and quality on the other. Frankly, I think the wiki is weakest where published commentaries are strongest: published commentaries enjoy a consistent perspective and voice, are edited, and it is easy to cut the trash out before publication. I think the biggest challenge facing the wiki will be to maintaining content quality and orthodoxy. As a partial gate-keeping solution, I believe it is possible to implement a software fix that will allow the administrator to grant users graduated levels of permission, with different levels required to edit different portions of a page. The idea is that you do not want a seminary student who enjoys more enthusiasm than knowledge to overwrite what was previously contributed by a leading scholar on the JST. So eventually, I see the top part of the page being editable only by those who have permission, but anyone can add to the bottom part of the page. An editor who has permission can periodically troll through the discussions at the bottom of the page and move good ones up to the top portions of the page. After making several quality contributions (or perhaps establishing other credentials), a person would be granted permission to contribute directly to the top portions of pages. I don’t think we are there yet, but I anticipate that we will eventually need something like this. (i) Limitations on portability. Electronic delivery is extremely portable with regard to size. An entire bookshelf can be read on a tablet. On the other hand, electronic delivery is not entirely portable with regard to location. Websites are only available when there is access to the internet. Paper books, in contrast, can go even where the internet does not. Several paid programs can be downloaded to be resident on a hard drive. I have not kept up with either of these in recent years, but I believe that the Deseret Gospel Library and eSword both work this way, or at least used to at one time. It would be nice to be able to download a portion of the current site (not history pages). For example, downloading all of the pages for Daniel without having to do a separate browser save for each individual page. I know that most links would be rendered inoperable, and maybe that interferes too much with functionality. But I think this issue is at least worth thinking about. 4. Why it matters that people help now to systematically build the wiki . My vision for Feast Upon the Word is that it grow in both content and usage to become a standard resource, which I define as being one of the first three resources that most people turn to when studying the LDS Scriptures. One or more electronic resources are likely to fill that role and, as explained above, I think it is important that the wiki fill that role. There are two reasons why I think it is important that I and others contribute systematically for a while to help the wiki fulfill that vision of being a standard resource. (a) First, I am not convinced that the wiki is yet at the point where its future growth and vitality is assured. I believe the wiki will first have to reach a critical mass of content so that visitors will return and also contribute. My contributions today help to ensure that the wiki will reach that critical mass, and thus ensure that it will take off and become a standard resource. (b) Second, contributing early gives me a chance to influence the form and quality of the wiki. I can contribute content of high quality that helps to set a standard for future contributors. I can add content that remedies the deficiencies I see in other commentaries, again providing guidance to other future contributors. I cannot tell other people whether they ought to care enough to likewise help build the site up to a critical mass that is self-sustaining. But I see my part in getting the wiki to that point as one of the more important contributions that I will make during my life. To me it is more than a hobby or small group discussion, it is a mission. That mission is to make this contribution over the next couple years and thereby affect what my children, grandchildren, and potentially hundreds of thousands of other people will use as a primary scripture study reference for decades. This is an area where I happen to know several random bits of wisdom but expect that I have still missed some of the major issues. 1. Commentaries and other references. (a) Logical organization. I like, and have not yet figured out how to improve upon, the organization that I see in most commentaries: (i) start with a discussion of broad background topics applicable to the entire book; (ii) then discuss large blocks of text such as chapters; and (iii) then, after discussing issues applicable tot he chapter as a whole, address smaller blocks such as individual verses before moving on to discuss the next chapter. I have organized most of the pages on the wiki according to this same pattern. (b) Discussions of methodology. I am not sure if this concept transfers well to the wiki, but it is at least worth thinking about. My favorite commentaries often have a large section before the commentary begins in which the author first discusses their methodology. I find that authors who have thought carefully about how they go about the task of interpretation more often have things to say that are worth reading. But in the context of a wiki, the fact that one contributor talks carefully about methodology will likely have little effect on other contributors who are not even interested enough in the subject to read the page. I also like those commentaries because I have learned much from their discussions about how they each think one should go about interpreting scripture. For three decades now I have spent about ten percent of my scripture study time studying not the scriptures, but rather how I study the scriptures. This has greatly improved my skill and efficiency. But this topic may be outside the scope of the wiki, which at least emphasizes, and may be limited to, the results of people’s study rather than the methods employed in that study. (c) Do not be excessively technical. It is easier to learn a concept if it has a name. It can therefore be desirable to use a few technical terms whose definitions are apparent from context. Even the uninitiated will understand more easily. But too much techno-speak creates a barrier to communication with those who do not know the lingo. It also makes sloppy writing easier. It is my personal experience that having to explain a technical concept in simple terms forces me to rethink the concept more critically. (d) Start with a summary and use topic sentences. People are able to more quickly grasp new information and to retain it longer if they are expecting it and if they can relate that new information to a framework of things they already know. This means using topic sentences, as well as thesis paragraphs or summaries. This is often the reverse from how one thought through and eventually arrived at a conclusion. But as a trial lawyer, a big part of my professional job is to sell logical arguments to a relatively sophisticated audience of judges. And I find that my writing reads better, even to me, after I go back and add topic sentences and introductory or thesis paragraphs. These tools also make it easier to understand Bible commentaries. I understand where people are coming from when they say they do not want to just tell others what to think. But the act of writing a conclusion already tells people what you think they ought to think. The antidote here is not to leave the conclusion to the end, but rather to not overstate the argument in favor of an interpretation and to be open about weaknesses and alternative interpretations. I also understand that topic sentences are often counter-intuitive to the writer. It is easy to explain something in the way that you came to understand it. That often means starting with a few random clues and leaving the conclusion to the end. This arrangement of the material can work in an oral presentation when the audience is asked to relive a story of discovery with the person who is speaking. But I think it generally makes for poor writing especially where, as here, the text is about the material rather than the individual author, and there is in fact no individual voice but rather a collaborative effort of multiple anonymous editors. This also enables the reader to quickly know what is on a page or in a paragraph without having to first read the entire text. This in turn enables the reader to more quickly find items of interest and to skip items and pages of little interest. (e) Fewer headings, not more. Or, collect the discussion by sequence of results rather than sequence of methods. This concept is related to the one previous. When I read a commentary, I want to read the entire discussion about a passage in one place. I do not want to read a heading about how to apply one step of interpretation to each passage in the book, and then read another heading about how to apply another step to every passage, and so on, so that I have to pick out individual paragraphs under several headings just to get the full discussion about a single passage. That was the reason for combining the two headings previously labeled “Lexical Notes” and “Exegesis.” I think we should further combine some of the additional headings I have created, like “Related Scriptures,” that instead should have just been incorporated into the general heading of “Discussion.” Also, fewer tabs, not more. What I mean here is that ideas and insights about the text, even if unpolished, should go on the front commentary page and should not be hidden on the talk or discussion page where most readers are not in the habit of looking, and where even those who do look will have to search in multiple places just to find all parts of a single discussion. (f) Documentation. A good work of science will invite people to disprove its conclusions and make it as easy as possible for them to do so. This means providing the underlying data and clearly explaining the logical steps. In the context of scriptural interpretation, data means documentation. The best documentation is hyperlinks that make instantly available the underlying justifications for a conclusion. When hyperlinks are not possible, footnotes are the next best solution. This is important in order to keep authors honest and careful, which in turn will (justifiably) increase user confidence. I want the wiki to be set up in a way that not only makes it easy for contributors to address each step of interpretation, but also makes it easy for readers to verify for themselves and, if warranted, disagree about any of these steps. I have read books on Church history that were written by noted authors and that won awards, and that nevertheless contain inaccuracies. The wiki will not exceed the editorial standard of those books any time soon, but it can exceed them in the ability to identify and correct the errors that do get made. Even if every conclusion on the wiki were entirely accurate, documentation would still be desirable. When a reader is able to instantly view the data underlying a conclusion, their confidence in that conclusion grows. The reader can then move the conclusion from the column entitled “things anonymous contributors to the wiki think are true” to the one called “things I have logically worked out for myself.” In addition, a reader who can personally review the underlying data or text will not be limited to understanding conclusions drawn by the writer, but will be enabled to draw additional conclusions the writer may have missed. These desirable outcomes are also dependent on the availability of documentation. (a) Screen sizes from 4″ telephones to 14″ laptops. I tend to think of electronic screens as coming in six standard sizes: (i) 4″ telephones; (ii) 7″ mini tablets; (iii) 10″ full size tablets; (iv) 14″ laptops; (v) 24″ desktops; and (vi) 36″-84″ television screens. I think the site should function on all of the four portable sizes from 4″ to 14″. I do not care about 24″ desktop screens because my experience is that when people read text on a screen that big, they read that text in a window only about half as wide as the entire screen, or maybe a little more. In other words, anything that reads well on a laptop screen will also read well on a larger desktop screen. (b) Left margin and maximizing commentary on small screens. I like the idea of the left margin. But I would like to see two improvements. – Left margin scrolling. It would be nice if the left margin scrolled up and down independently of the main screen. If you are reading near the bottom of a long page, it can take a lot of scrolling to get back up to the links on the left margin. It would be nice if they stayed put unless the reader actively scrolls the left margin down. – Left margin hiding. I use the links in the left margin all the time on my laptop. But when reading on my 7″ android tablet in a vertical orientation, I want all the space I can get left to right. Currently you can tap on white space in the text and the page will zoom in to effectively hide the left margin, but the implementation is not quite right and zooms in just a little too much so that some of the text is also hidden. It would be nice to be able to hide the left margin so the page width still comes out right. – Scripture text window. On a small screen I also wish I could hide the scripture text window in the same way that I can hide the automatically generated table of contents. Frankly, the smaller the screen, the more likely that the entire LDS gospel library has been downloaded t the device. This is just another implementation of the principle that on a small screen the user wants the ability to maximize how much of that screen is dedicated to the actual text of the commentary. – A page should be long enough that they have enough content to be worth visiting. Even if the wiki has no content for the particular passage that a visitor wants to read about, it can still have commentary on nearby passages that the visitor may find worthwhile. – A page should be long enough that you can immerse yourself in the commentary for a while without having to click to the next page. It is my impression that, when going sequentially through a book, every time you click to the next page there is an interruption, or a brief reorientation, as you have to remind yourself where this page fits in the larger scheme of the book. – A page should be short enough that you can quickly find something on it after linking in from another page. This and the prior criteria work in direct opposition to each other. – A page should be short enough that you can get to the top and bottom (and other headings) without too much scrolling. The point of adding links to alternate Bible translations on every page is to make those translations easily accessible. Too much scrolling still makes them accessible, but not easily. The ability to minimize and maximize each heading on a page seems to me very desirable, but it will also impact each of these factors. (d) Consistency of design. The site should have as much of a consistent look and feel as possible on every page. This means consistency of both headings and the manner in which content is formatted. (e) Page layout. I can think of three things that make a page more readable regardless of the content. – Graduated headings. It is helpful to have several clearly distinguishable headings sizes, weights, and fonts. This can help the reader keep track of where they are. I would like even more choices, and then guidelines on when to use which. – White space around headings. White space is another excellent way of signaling the beginning of a new concept to the reader. As the wiki currently implements, it is hard to control the amount of white space above a heading. I have been putting in double spaces before each major heading. But those will be lost as soon as someone edits only that section under that heading. And I cannot ever get extra white space immediately below the automatically generated table of contents. I would like to see the ability to automatically insert different amounts of white space immediately before different levels of headings. – White space between paragraphs. As the wiki currently implements, it can be hard to tell paragraphs apart. I am fine with lack of indentation at the beginning of each paragraph. But increasing the amount of white space between paragraphs would help readers to see the breaks between paragraphs. – On a single page, this means good visual display of headings so that it is easy to quickly see what is on a page and what is addressed under each heading. – Across the entire site this means lots of cross links including, in effect, links to other pages on the wiki that function much like cross-references in the margins of print scriptures. – Across the entire site this also means thinking clearly about what the contributor really wants people to see when they click on a link to another passage. Many many times ought to have created an external link to the text of a passage, but out of laziness or lack of proficiency have instead linked to the wiki page for that passage. – Again, substantive comments should not be hidden behind a separate “talk” or “discussion” tab. – I would like to see improvement in the quality of search results when using the “search” box to find for text strings on the site. (g) Getting content from the site. Visitors should be able not only to read what is on the site, but also to print and download it. The biggest obstacle to this currently is that when you print or download the text of the wiki, you get the full url of every external link to a website off the wiki. This makes what you print or download unreadable. The fact that people have to download, edit, and then print is an obstacle to cutting and pasting a paragraph as a lesson or talk resource. Place to converse. It must always be about what, not who. Consensus through revelation. Also see talk in April 2012. – The ability to toggle on and off each heading on a page. The headings themselves would always display, but the content under a particular heading could be toggled to display or hide by clicking the “+” or “-” to the left of that heading. Ideally, each user can adjust their preffered defaults as to which headings show or don’t show. – The ability to minimize or not display the scripture text window. Like the current menu window. – The ability to change how many levels of menu get displayed. Then maybe I would not have to make headings in a way that keeps them off the menu display. – The ability to set how each hierarchical level of menu displays in the text. I would make changes to the current settings. – The ability to always automatically have two lines of white space above each two dash (==) heading. I edit entire pages instead of single sections because otherwise that white space disappears. I am a big believer in using white space as an intentional display element. – The ability to print out a page without displaying external URL’s. Currently internal URL’s do not display but externals do. – The ability to have two or more levels of contributor permission, so that low level permissions can add, but they cannot change what higher level permissions have already put in. People can get approved for higher level after reviewing the quality of some number of contributions or edits. Or maybe the lowest level of permission can only add to certain headings. Not an issue now, but I would like to think that it will eventually become important. – The ability to generate a list of changes by contributor with links as on the special page for double redirects, and after following each link and to see each changed page marked up so you can evaluate their contributions, whether the evaluation is so that you can decide whether to grant greater privileges to someone or whether to block them. – Not having to prove that I am not a robot every single time I make an edit. I don’t mind doing it each time I first log in. But would it be safe to just let me reprove that every fifth or tenth time? Maybe this will matter less once I finish the mechanical work of regrouping and formatting. – Good text string searching for the entire site, with wildcards. For example “Ripe* in iniquity” to bring up ripe, ripened, ripening, etc. – The ability to change a large number of redirects all at once with a single command. Not a huge big deal for merging pages, but it will save some labor splitting pages once a lot of content starts getting added. – The leading asterisk “*” and the paragraph indent “:” do not indent by quite the same amount. It would be nice if they did, or if they were globally adjustable. One more thought that may or may not affect your investigating upgrades. There is still the issue of how to deal with long contributions that should not be hidden behind the discussion tab but do not really fit on the main pages either. I think Janet Lisonbee’s long contribution in Ruth can stay right where it is, largely as is. I also like her contribution for 1 Ne 3-4, but I am not so sure it belongs on that page, and I have not yet figured out how to deal with it. I have developed a set of four criteria that I often use to evaluate both the selection and execution of a project. In other words, what justifies doing more on a project than is required to satisfy my own personal interest? Or what makes a project useful and valuable to others, and therefore worth my spending the additional time required to make it presentable to others? These criteria fall into four major categories. 1. Importance of the subject matter. I am going to cheat on this one by simply assuming that a project is useful if it promotes understanding of the scriptures and the gospel, faith in Jesus Christ, and/or a commitment to living his gospel. (a) Is the treatment seminal? Seminal means demonstrating the value of a whole new direction for addressing a subject that others can also use, now that it has been pointed out. It is unlikely that a very large proportion of the content on the site will ever be groundbreaking. So I do not believe that the content is seminal. But FUTW is the first and so far only place I know of that is collaborative, open, and tied to the scriptural text as opposed to the gospel doctrine lesson manual. So I do believe the wiki format is a seed that others can also use in their work, in this case by collaborating rather than copying. (b) Is the treatment definitive? By definitive I do not mean perfect, but I do mean sufficiently good to scare off any serious competition because the deficiencies are too small to justify anyone else redoing the work just to correct those deficiencies. In other words, I mean it becomes widely accepted as an adequate de facto standard in the field. In terms of site design, I do think it is possible to also satisfy this standard. I think it is possible by working through these preliminary questions to design a site that facilitates all of the things a definitive commentary should do. Content is more complicated. I think it is possible to approach this standard over the next couple years in the case of a few scattered and small books of scripture. That is a big part of the benchmark I would like to work toward over the next year and a half. But I do no think it is possible to reach that standard with regard to most of the standard works in less than a couple of decades. But frankly, with regard to the BM, DC and PGP, I don’t know what else is. When friends ask me what I recommend they read in order to understand Alma, I cannot point to a single item that fits the bill. I do think it is possible with regard to the restoration scriptures to get closer to definitive than anything else that is out there, and to do so in a decade or less. Frankly, I think it could get to the point in a decade or so where it was difficult for a scholar to put out a definitive Book of Mormon commentary in print because of the vastly greater resources available through crowd-sourcing and hyperlinking. (c) Does it at least lay a foundation upon which other important work can build? Perhaps by adding significant insights, by working out a problematic issue, or by adding clarity of concept or expression? Scholars often work on projects that are not earth shaking but that are nevertheless important because they do add up over time to make significant advances. But I do not know that this applies to the wiki overall. This does obviously justify many of the incremental contributions that people make to the site, including the preliminary task of getting the formatting in shape. (d) Can the treatment demonstrate a method that can be duplicated on other projects? This criteria is most useful when applied to a project that can inspire other copycat projects. Here, however, the point is not to show people how to set up their own LDS scripture wikis, but rather to get them to contribute to this same project. So the wiki site as a whole is not going to satisfy this criteria. However, if we can get a few small books of scripture or groups of chapters written up in good shape, those smaller projects could both inspire and provide a model for other people to contribute by working on other books of scripture on the wiki. (e) Is it one of those things that just ought to get done, or to already be done, or that you would be embarrassed to explain why it is not already done? I think the wiki does satisfy this criteria when applied to the LDS community as a whole. (a) Audience size? Classroom teaching can be very effective, but the audience size is not scalable. (b) Will the audience find it? (c) What will the audience understand, feel, or do differently? (d) Will the audience refer back to it repeatedly as a foundation, or just read it once? We want to reach as many people as possible. We want the site to be worth visiting over and over again as a principal reference. And we want to have the greatest impact possible not only on understanding, ut also on faith and conduct. (a) LDS academics and doctrinally sophisticated members. This is the group that I want to encourage to contribute. To reach that point, there must be some high quality content. (d) Non-readers. You will not reach everyone as long as you are tied to text. This includes the blind, the illiterate, and children who can read but lack the attention span to read lengthy treatments of doctrine. (f) Non-LDS academics in the field of religion. (g) Members of other faiths. One of the hardest things to do is to satisfy the needs of multiple audiences in a single lesson, work, or presentation. Here I am primarily concerned with the first three groups, all literate English-speaking members of the Church, but with vastly different levels of doctrinal and scriptural sophistication. I would frankly argue not only that the wiki can satisfy all of those varying levels of sophistication, but that it must. Three reasons. First, drilling deeply into a verse and generalized summaries should depend upon each other. On the one hand, a discussion summarizing the main points of Mosiah should be supported by detailed analysis all the way down eventually to the level of the verse. On the other hand, the interpretation of an individual verse must likewise be informed by the broader context of the literary structure and principal themes of the entire book. I do not believe that either can be done in complete isolation of the other. Second, I realized a long time ago that if I could not explain something to an interested teenager in simple non-technical words and everyday examples, in other words if I could not explain it in a way that they could readily understand, then there is a very good chance that I do not really understand it either. So I do not believe that detailed or high quality work is beyond the ability of newbies to follow – if it is well thought through and explained. Third, it is just as important that the wiki teach the method of scripture study as teaching the content. In an ideal world, every entry would be edited having in mind whether it is accessible to a newbie who is trying to learn how to study on their own. I learned most of what I know about scripture study by repeatedly visiting a couple of major theological libraries and sifting between good answers on the one hand, and on the other hand stuff that doctoral students and professors have to come up with in order to publish something original. But there is no reason why we cannot reduce that part of the price that an average lay member of the Church has to pay in order to understand the scriptures. • Is it seminal? Does it break new ground that others can follow? • Is it definitive? Is it done about as well as it is possible to do? • Is it accessible? Can a newbie readily understand it? • Is it indispensable? Fifty years later when that newbie has become a BYU religion professor, will it still be one of the first three references off the shelf? Fewer headings, not more, because want all parts of a single concept in a single place. This arises partly out of my amateur understanding of neuropsychology regarding chunks and building up meta-chunks. * A page should engage the reader for 15 to 30 minutes, up to 60 minutes if reading side by side. * A page should cover a coherent block of text so that the reader, upon finishing the page, is able to tackle and better understand a coherent block. * The forest is just as important as the trees. Although the site still has “verse level pages,” it now also has higher level pages that invite content. This had been done on rare occasion, such as Alma 37 and Alma, but it was a rare exception. Now it is the norm. * If there is a need for subpages, then all of the subpages for that level should be created. That means that sometimes, as in Leviticus, you get a full page for Chapter 16 and some empty pages next to it on that same level. I have not followed this strictly, and have sometimes combined 8 subpages on a level into only four. * There should be a quick overview. I love outlines. But I decided they could put users off, so I have gone to another format. See it in especially in Ruth, Daniel, and Ether. I think that in its current form the page for Ruth enables someone to work through Ruth for the very first time, not knowing anything about it, and quickly get oriented to the book so it is understood at a basic level of comfort, and also to go beyond that to walk away with a deep understanding of the book’s message/meaning. Those are my personal goals for the website and the reason I contribute. This heading should be very brief. Click the link above and to the right to edit or add content to this heading. Relationship to Book of Mormon. The relationship of Ether to the Book of Mormon as a whole is discussed at Book of Mormon: Unities. This heading should be brief and explain facts about the setting, including historical background, that will help a reader to understand the book. This can include links to maps and pictures. Click the link above and to the right to edit or add content to this heading. This heading is for more detailed discussions of all or part of a passage. Discussion may include the meaning of a particular word, how a doctrinal point is developed throughout the passage, insights to be developed in the future, and other items. Contributions may range from polished paragraphs down to a single bullet point. The focus, however, should always be on understanding the scriptural text consistent with LDS doctrine. Click the link above and to the right to edit or add content to this heading. This heading is for notes about the relationship of this book to other sections and passages. Click the link above and to the right to edit or add content to this heading. This heading is for prompts that suggest ways in which all or part of this passage can influence a person’s life. This can include identifying principles that the author teaches us to live by, examples that illustrate a lesson or inspire us to follow, and questions for personal evaluation. Click the link above and to the right to edit or add content to this heading. This heading is for unanswered questions and is an important part of the continual effort to improve this wiki. Please do not be shy, as even a basic or “stupid” question can identify things that need to be improved on this page and lead to responses that also help others to understand. Click the link above and to the right to edit or add content to this heading. This heading contains an outline for the entire book. Items in blue or purple text indicate hyperlinked pages that address specific portions of this section. Click the link above and to the right to edit or add content to this heading. This heading is for listing links and print resources, including those cited in the notes. A short comment about the strengths and weaknesses of a particular resource can be helpful. Click the link above and to the right to edit or add content to this heading. The first stage of development is simply to take the content we already have and present it more readably. This does not involve editing the substantive content that has already been contributed. We are within two or three months or so of largely completing this stage. 1. What I have been doing. Over the last year I have contributed some content and done a lot of systematic cleaning up. That cleaning up has primarily taken three forms. (a) Formatting headings. About a year ago we opened up to discussion the issue of page headings or elements. I have been implementing the results of that conversation throughout the site, or updating the formatting of headings so far on more than half of the entire site. I have also been adding several minor tweaks to the way that these headings are formatted as I continue to improve on them. After stepping back and asking the big picture questions at the beginning of this post, I think there is another round of updates to implement. (b) Combining pages. Second, I have been combining pages in order to do what I call “eliminating the desert.” As I began to update the formatting of headings in Leviticus, I noticed that there were an awful lot of empty pages. When I stopped to count, I found that while there was a lot of good content for Chapter 16, there was not a single word of content for al of the other 26 chapters combined. I asked myself just how many pages of empty desert we really want a user to have to click through when looking for content on Leviticus. I decided that asking users to click 165 times just to discover that there are in fact not hits would not result in a “positive visitor experience.” So I cut it down to 6 empty pages plus one good page for Chapter 16. I would love to go back and subdivide those large pages once enough content has been created, but we are simply not likely to get there any time soon. Of course, there is the question of how I chose to split Leviticus up into 7 pages. This is NOT rote work and involves a lot of judgment. The short answer is, and it took me several years to stumble into learning this through experience, that on my first couple of passes through a text I just try to identify cohesive blocks of text before I worry about the relationships between those blocks. I look first for changes of scene or speaker, introductory phrases, and other indications that the speaker has moved from one block of text to another. I then look for relationships that allow one to build up groups of those blocks into chapters and groups of chapters. I recently saw an article suggesting criteria for identifying chiasmus, and I very much agree with the criteria that: The blocks of text comprising a chiasmus should be enjoy wide acceptance as cohesive blocks of text, even by those who disagree about the manner in which those blocks relate to each other. A quick review of several commentaries can usually serve a check on this for the Bible, but for the BM and D&C there is simply not enough literature out there. I don’t know that I can give a much longer answer here without it taking over a large portion of this post. I will simply add that I have been working out outlines that trace an author’s train of thought since 1987, that the outlines for books of the Bible are informed by trips to the theological libraries at SMU and Southwestern Baptist Theological Seminary, and that I have often also posted outlines for each book that help to explain how I understand the author’s train of thought. In the end my outlines and page divisions will either enjoy a consensus of support, or they will not and they will get changed. This is, after all, a wiki. I do believe that these groupings and outlines, even where they may turn out to be wrong, at least encourage people to think about the text in chunks and are therefore better than having only an endless stream of verse level pages. I think it goes without saying that not every passage of equal length will merit equally in-depth treatment or draw an equal amount of commentary. Five verses on faith in Alma 32 should and will draw more commentary than 5 chapters of Old Testament genealogy in Chronicles. Even where these differences may not persist in the long run, it is still a fact that they exist today; for example, there is currently more content for 2 Nephi 2 than for the entire book of Helaman. I have tried to adjust accordingly the number of pages dedicated to that content. (c) Formatting content. Third, I have been reformatting the content. I do occasionally stop to edit the substance of the content, but 95% of this has just been rote clerical work. I am not yet entirely satisfied with the way this works yet either, but again I think it does at least resolve two issues. First, when every single comment or question got its own entry in the automatically generated table of contents, that table of contents became unwieldy and, I believe, stopped being helpful. So I have reformatted headings to individual questions and comments in a way that keeps them from appearing in the table of contents. Second, the formatting varied greatly from page to page so that it was not uniform. One of the basic tenets of good website design, or of typesetting a print reference work, is that all pages should look and feel as much the same as makes sense, and I have tried to implement some uniformity. But I do am not yet satisfied that it really works yet as well as it ought to. The biggest challenge is on pages that have lots of short comments and a few very long comments. What type of heading system works for both? I don’t know yet. Places to look at a variety of possible solutions are First Corinthians, Hebrews, Nahum and _____. This is one place where I really would like feedback that solves the issue for me. (d) Derivative passages. Another smaller change I have also made systematically is to take, for example, all the comments about Isaiah that were put in 2 Nephi 12-24 and move them to Isaiah 2-14, leaving behind in 2 Nephi only the comments that address Nephi’s use of Isaiah. The idea is that someone looking for content about Isaiah should not be expected to also look in 2 Nephi. (e) Talk pages. Yet another smaller change I have made is to often move some content from the talk page to the main commentary page. The idea is that substantive content ought to be where people will see it. I see the talk page as discussing why something was done to the main commentary page. I do not know that I always got these changes right, and even when I did, that content probably needs more editing than usual since it was intended for a more intimate audience. 2. Current status and time frame for completion. These three changes – formatting headings, formatting content, and combining pages – are currently about three quarters done across the entire website. I expect to reach the 90% level in another month. What this means is that people can now go in and improve the substantive content of many pages: (1) on which all the boring formatting tasks have already been done; (2) with logical verse groupings on each page that should make it easier to draw connections between verses and to comment on the big picture; and (3) that already have enough content to edit, to serve as prompts, and to not feel that one is starting to write on a blank page. OT: I have done about half of the Old Testament, essentially all except Exodus, Numbers, Deuteronomy, Samuel, 2 Kings, Isaiah, Jeremiah, Ezekiel. NT: I have done from Acts to Revelation (except First John). I have done bits and pieces of the gospels, but may not soon try to finish them off systematically because I think they will be much more involved than anything else. BM: I am within about 15 chapters of being completely done. D&C: I have just started this, but I expect it to go quickly and will tackler it soon. PGP: Done, except that it was done before I realized that I was often still leaving desert in my wake, and so I may go back and consolidate a few pages. 3. Where does this leave the site at present. Once I finish this stage of work, my current best guess is that the site will have about 1,200 pages of content, broken down roughly as follows. PGP: 64 pages, though this may go down a little. The second stage of development will be to pick several books (or at least large groups of chapters) to develop as models of what mature wiki pages ought to look like. I expect it will take the rest of the year to get this done. I suggest this as a stage separate from the next because I expect this stage will confront us with issues that we need to work through before tackling the third stage. First Nephi: Just because everyone looks at it and thinks they already know it. If we are going to start pushing the site when Gospel Doctrine hits the Book of Mormon, then we probably cannot leave this off of the list. Second Nephi: Because it would force us to deal with several of the page relationship issues I have seen. 2 Ne 2 needs four subpages just to handle all the content. 2 Ne 12-24 all fits on a single page and quotes to Isaiah. Ether: Because it is manageable and I think it will be easy to give people a positive experience realizing they have learned to understand something much better than before. Ruth: Because enough content is already there and just needs to be wrestled into shape. Also because it will force us to address the issue of long solo contributions to a page. Daniel: Because it is easy to do, easy to give a positive experience, and a lot of the footnoting is already done. Obadiah: Because it makes sense from the outline and is very short. Malachi: Because it is important, manageable, and I can knock people’s socks off. D&C 42: Because a lot that is insightful can be said. D&C 89: Because Joe has written a lot already. We should pick at least one book each from the Bible, Book of Mormon, and D&C because the front or top level pages will have differences. At least one book each with a single page, two levels of pages, and three-plus levels of pages. Some pages where I have added a lot of content that ties things together as in Ether, some where another single person has added most of the content as in Ruth or D&C 89, some where there is a lot of content from multiple contributors. Some pages with a lot of questions. Some with some very long contributions, and some with lots of short contributions. At least one page with lots of good footnotes. The third stage is getting the site to the point that it is worth pushing to invite the public. For me that means getting the site to the point that an average visitor would decide to bookmark the site and return. That means having enough useful content that visitors will find it worth returning. When it comes to usage and content, I see wikis as social media. It takes content to get usage, and it takes usage before visitors contribute content. It is a self-perpetuating cycle, whether good or bad. But this is not a chicken and egg question. The content, or at least enough content, must come first. I cannot possibly write enough by myself to get the site to the point that it becomes a major destination. But I think that I, and hopefully a few others, can at least get the site to a critical point where visitors have positive viewing experiences often enough that they begin to visit regularly and then begin to also contribute. When that happens, the virtuous cycle of growth will take over, and the site will no longer be dependent on the contributions of particular individuals. Most of what I have done on the site over the last year or so has been aimed at getting the site to that critical take-off point as efficiently as I can. I think a reasonable goal for reaching that critical take-off point is January 2016 when the Gospel Doctrine course will return to the Book of Mormon. I can think of two things that would serve as a benchmark indicating that the site has arrived at that critical point. I think it is reasonable to believe that these could happen in time to start pushing the site before the gospel doctrine course reaches to the Book of Mormon in December 2015 at the end of next year. (1) Half of the approximately 250 wiki pages on the Book of Mormon result in a positive viewing experience for readers who have an average level of understanding. That means both breadth and depth. To get there, we need both to have some content and to have that content in a shape that is readable. When this is true, I think casual visitors will return. (2) The wiki pages that pertain to each weekly reading assignment have a combined total of at least two really good insights around either of which a gospel doctrine teacher could build an entire lesson. That is only a hundred concepts, or about one concept for every two wiki pages. When this is true, I think teachers will come back. (3) A third item that would be nice, and perhaps also realistic, is lots of links. When people want to find any online articles about a Book of Mormon passage that have appeared in the Journal of Book of Mormon Studies, the Maxwell Institute, or the Religious Educator, they know they can find them by just going to the wiki page for that passage. When there is a tool, such as alternate translations, they know those links are right there handy on the page. I do not suggest this as a mechanical target that ignores the condition of the rest of the site, but as a rough indicator of the entire site’s usefulness. I think the end of next year is an ideal window for us to shoot for. (2) there is enough new content that the current 1,200 or so pages have grown significantly to somewhere between 1,500 – 2,000 pages. Colophon. Was Hugh Nibley right about these introductory verses being a colophon? Is this literary structure or formula unique to Nephi in the Book of Mormon or did other authors use colophons throughout the Book of Mormon also? Do you agree with John A. Tvedtnes or Brant Gardner on this point? This is fine as a thought-provoking question for sophisticated users. But if that is the first thing a newbie sees on the website, they will be justifiably intimidated and may never return. I do not see that as merely unfortunate; I see it as downright hurtful. The message conveyed to newbies was that understanding the scriptures is an academic pursuit beyond their reach, a message that is simply not defensible. So if we have a site that people are going to stumble across on Google searches, then I think we have an obligation to ease people into the site so that when they do get down to that question and realize they have hit something beyond their abilities, at least they already know that other large portions of the discussion are within their abilities. So, while I have no problem with meaty discussions, I feel they need to be prefaced with milk. When linguists try to understand text at the level of the paragraph and above, they look for cohesive blocks of text, for the relationships between those blocks, and for the relative importance given to various blocks. A linear verse by verse treatment strips out all three of those clues to the author’s meaning. It is like reading a fifty page report with all the headings and paragraph breaks removed. As my children leave home and seek on their own to find understanding, what I want to make available for them is a reference that will walk them through that process enough times that they learn how to do it on their own, then start to second guess me, and finally edit my commentary on the wiki to improve it for my grandkids. I have started to do an okay job of that in Ether. Janet Lisonbee has wonderful contributions in Ruth and Leviticus 16 that can stay where I have moved them from behind the discussion tab to the main commentary pages. She also has an excellent contribution about the Sabbath Day that I have moved to the commentary page for Geneses 1. I know that it did not belong where it was, hidden behind the discussion tab of Gen 2:1-5. Now, out on the main commentary page for Genesis 1, it will at least be seen. But, I think the right place for it might actually be on a Janet Lisonbee subpage, with the Genesis 1 commentary page containing only a short summary and link. But while it may be okay to go around moving other people’s contributions to their own talk pages, that is a step I hesitate to take for the first time. (I do like user subpages better than blogs because the author can keep going back and refining their own work). My vision is that a BYU freshman or recent blue collar convert or interested non-member should be able to read that summary and already have some sense of what he is about to read and what he ought to be getting out of it. Another issue to think about that will eventually have to be tackled is: Also look at 2 Ne 2, which has more content than all of Helaman or Mormon. I frankly cannot figure out a more logical place to break the subpages than at every fifth verse, so I have stayed with that. When it comes to actually turning those pages into something coherent, we will face the issue that at some point you quit trying to overview on every next lower level and you just let it be a sequential jumble. I think. I am also trying to get not only the headings, but also the content formatted in a way that makes it easy to scan and keeps the table of contents useful (done Helaman to Moroni). I generally like what I have done, but here are a few pages to look at. Alma 54-55 is a good example of how it makes the page much more friendly. 1 Ne 5-6 is a good example of how items of greatly differing lengths do not benefit much from this formatting. I am still open to ideas. Perhaps my view of them can be expressed this way. I understand as well as anyone that questions are valuable tools for learning. Everything on the Book of Mormon: Unities page can be traced to my asking why Ether was placed or made to fit at the end rather than the beginning of the Book of Mormon. But in the end this valuable tool is merely a tool for achieving a purpose, a means to an end, and not the end itself. The end or purpose, I believe, is understanding and perhaps application. It is not pedagogy. And what this insistence on straining to ask one meaningful question per verse (yes, really, look again at 1 Ne 3-4) does is make the site quit being about its purpose and to instead be about the tool. But who wants to read that? That is not what made wikipedia and Mormon Doctrine and the Bible Dictionary such standard references. My current thinking is that the summary section as I have it in Ruth, Chronicles, etc may on average be the most useful and important item on a page, distilling all of the content down to its essentials. I don’t drive for the sake of driving, I do it to get somewhere. And I go back the test of: is this something I want a new rural, blue collar member in a strugglinng branch to read? If it going to cause problems for him, then maybe it is not worth posting an unanswered, unguided question about that particular verse. So I am trying to have a good attitude about most of the individual questions, but in the aggregate they frustrate me tremendously. I do like the concept of a heading for questions. I don’t even mind if some questions get two or three contradictory answers. I just want questions to either raise the quality of discussion, or else be individually sincere. I guess I have two main critiques. First, I have doubts about the usefulness of this practice. It is true that it can be helpful to show people how to learn by asking questions. But it is just as important to teach them how to answer a question well. If what you mostly post is questions and rarely answers, then you have only done half the task. You have not also modeled what a good answer would look like. And when the question suggests that the person posting is withholding the answer, I just get annoyed. It ends up striking me as someone getting too infatuated with a pet pedagogical theory and forgetting about all the other parts of learning that also matter, and filling up the site with that stuff instead of the useful comments that the person is capable of. I have learned a lot about learning just by copying how other people explain their subject matter. A very large percentage of what I have figured out about the gospel can be traced back to the outline for Lectures on Faith: What is it? How do you get it? How much of it can be gotten? and What are its effects, or why bother? But Lectures on Faith would not be a great book if it stopped on the first page after announcing three of these questions. Rather it is a great book because it then models how to go about answering those questions. After reading it during my mission, I was armed not only with a good set of questions that I could apply to charity, humility, etc., but also with a sense of how to go about answering those questions and of what is required for a high quality answer. In contrast, I have never learned anything – or been satisfied – from playing guess what I am thinking. I do not want to teach people how to more efficiently reinvent the wheel from scratch. I want to show them how the wheel was invented so they can more efficiently invent new stuff that I have never even imagined. So if I have an answer, I am going to share it so they can start from a position further along than I started. I am not going to make them duplicate my work. Thank you Alma (spirit paradise) and Brother of Jared (the Lord had a spirit body) for doing the same for me. I understand that many people find thoughtful brainstorm questions helpful. But many of the questions I am complaining about are not thoughtful brainstorms. They are worksheet quality homework. Write a good question. Then explain why you think it is a really good question. Then provide a textual or doctrinal context for the question. Then suggest possible directions for exploring possible answers. Ten of those will teach more than a hundred of the other, and be more satisfying to the reader. Second, I think the practice is frankly unhelpful. Answers are satisfying. Unanswered questions are usually not – unless they are really good questions. Simply asking in Moroni 7 “What is faith” is not one of those satisfying high quality questions. And pages with little more than endless streams of unanswered questions will never provide a satisfying experience. People won’t come back. So they won’t contribute. So the site never reaches a critical mass of satisfying content. And the circle continues. In order to get more contributions, the site needs traffic. And to get traffic, page views must be satisfying to most viewers. That is why I am replacing the outlines at the top of each page – which I prefer – with non-hierarchical bullets. That is also why I am willing to spend so many hours doing what is really minimum wage rote work in regrouping pages to eliminate the desert effect. Because when 90% of page views are unsatisfying, no one will come back. If we can reverse that to 10% of page views are unsatisfying, then we will get repeat traffic. My view of my role is to be important in getting the site to the point that I am no longer important. Again, I am not against questions. Well thought out questions can bring repeat traffic. But many many of the questions I see posted at the rate of one per verse strike me not as likely paths to insight, but as stubborn attempts to not understand. And not many people will come back to read more of that. That is why I do not currently send people I know to the site, and I want to get it to the point that I can start doing so with confidence that they will go back on their own as repeat traffic. More perniciously, I worry that it may be unhelpful by turning some people off not just from the website, but from scripture study. Hegel used the word alienation to describe a situation in which you picture an ideal and believe that you cannot achieve it (like what the world has done with the concept of God). Unlike you and me, a poorly educated new convert or a BYU freshman might read a page like that and leave with the impression that they should be able to come up with answers that they cannot. We then will have pointed out how much they do not know while providing very little guidance about how to change that situation. If I get frustrated at many of these questions, then I worry that someone less comfortable with their own abilities will get frustrated instead at themself. That would mean that not only have we failed to help, we have actually done harm. There are several people in my ward who are not bookish, don’t understand the scriptures very well, don’t have a good source I can just point them to, and are painfully aware of all that. And sometimes they get called to teach gospel doctrine. One of the key things that drives me is a desire to provide something that can get those people past the position of alienation. I don’t worry that they will read stuff they could never have come up with on their own. They already know they are not wizards at this stuff. I think they would love reading the page on Ruth. What I do worry about is that they again get frustrated in their efforts to understand, and perhaps even turned off at their inability to even answer, or sometimes even understand, these short simple questions that sound like they ought to be simple to answer – verse after verse, page after page. So it is not questions per se that I have a problem with. I have even posted a few myself, including two in the Points to Ponder section of Moses 1 that I spent time individually thinking about and rephrasing. What I do have a problem with is the systematic drive to populate the site with mostly questions regardless of quality. Even Lectures on Faith and Alma 5, with all of their famous questions, are mostly about answers. Thought prompts. If what you are suggesting is another heading with brainstorm ideas for how to approach a verse, then I would not even use the word Questions in the title (but yes in the italicized description). You can muse about a possible approach to a verse just as well in the indicative tense as in the interrogative. “I wonder how ….” and “It would be interesting / might be useful to think about ….” work just as well as “How does …?” Plus, they have the benefit of not sounding like an assignment, or that I am supposed to already know the answer and aren’t I stupid for not knowing it. A note explaining my transition from outlines at the top of each page to bullet summaries, especially in light of my comments above about questions. Linguistics at the level of the sentence and above often focuses on three concepts: coherence, relationship, and prominence. Coherence is defining the unit of thought that coheres together. We use periods, paragraph breaks and headings to help us identify these coherent units. Relationship is how these units relate to each other. Transitions help us to identify those relationships. So do scripts or pattens, like setting, inciting event, climax, falling action, and conclusion. Prominence is identifying the really important parts. For example, the ending phrase in a sentence, or the middle of a chiasmus. One reason I like outlines so much is that they are a very efficient way of communicating all three concepts with regard to a passage. But I am starting to realize that their brief descriptions and lengthy list feel can turn people off when it is the first thing they see at the top of the page. The bullet points still do a good job with coherence, but not so well with relationship and prominence. But they appear friendly and allow for more words that provide context, describe an item more clearly, and make up in part with regard to relationship and prominence. In addition, because the bullet summaries only commit themselves regarding coherence, refinements regarding relationship and prominence require less adjustment at the top of the page. In other words, it is both friendlier and easier to avoid being wrong with a bullet summary than with an outline. I did a nice job on a bullet summary this morning for Mormon 8-9. I have formatted all of that content in a uniform manner. Except that in First Corinthians and Hebrews I have left in place a wide variety of options for formatting content. The content within each page is formatted in a uniform manner, but each page is done in a different way (or at least most of them are). Why don’t you and other folks take a look at those pages for a while and let’s discuss what is good or bad about each formatting option and settle on a final set of style guidelines. You might also take a look at other sites including wikipedia. 1. I do not want every new comment to create an entry on the automatically generated table of contents. That just makes the table of contents so unwieldy that it becomes useless. 2. In typesetting, a heading in bold is strongest, a heading in bold-italics is weaker, and a heading in italics alone is weakest and is reserved for a lower level of headings. Underlined headings add strength but may not be an option on a webpage. 3. Headings in bold and bold-italics are easy to see. Headings in italics are hard to see or read. Headings in bold-italics are harder to read than just bold. 4. A leading bullet “*” makes a heading easy to see, but it makes consistent formatting difficult when the text of the entry continues in the same line. I really like it in the Questions section where the test of the question can always fit in the same single paragraph as the heading itself. I am less happy with it in the Discussion section where the content that follows a heading may run for multiple paragraphs. I have not yet done much editing of other people’s substantive contributions. But one thought I have about voice is that I like two different things that perhaps should both be encouraged to exist on a single page. Some things are better said impersonally, like the Historical Background of First Nephi. Even the Summaries, which are not documented with cites, are better written in this impersonal voice. But I also like the personal and conversational tone of many of the comments in the Discussion section for two reasons: (1) It lessens the authority of the statement, which is often appropriate, and thus allows people to say things they think are correct without having to be 100% correct and yet still be intellectually honest and not misleading to a novice reader by communicating to the reader that lack of authoritativeness. (2) It is more inviting for other readers to add their own two cents. I am still open to someone pointing out a more useful or authoritative source. I am not planning to go through and systematically add these to First Corinthians and Hebrews until we work through all the content formatting issues also. Another problem was the bloated tables of contents that were so long and detailed as to not be useful. I have tried to tackle these issues. But I am not satisfied that I yet have the final answer, especially under the Discussion heading. I implemented one version largely throughout the Old Testament. I have implemented something else that I like better throughout the Book of Mormon. There are several different options that I have left in place for comparison in First Corinthians, Hebrews, and Nahum. This entry was posted on May 12, 2014 at 6:04 pm and is filed under About Feast. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. I’m overwhelmingly in agreement with your vision and suggestions, and the only disagreements I have (or foresee having–I’ve only given this a quick once-through reading) are relatively minor. Really, the only major concern I have is with regard to finding enough willing hands to execute something like the vision you’ve outlined. I’d be anxious and willing to play a small role in working on this, but I have enough other projects on my plate that I doubt I’ll be able to do much more than to work on a rather modest-sized plot in the vineyard, and probably at a rather modest pace also. Anyway, I think it might be useful in these comments to discuss some immediate next steps, perhaps along the lines of the following. First, how many people can we find who would be willing to spearhead this effort? I’d count myself among this initial group, but again with a caveat as to how much time I can really devote to this. Second, how should we coordinate our efforts, both with regard to content and adminstration? Regarding content, I’m thinking, very roughly, that perhaps I could volunteer to be in charge of a particular page, and I could work on that page to make it reasonably “worthwhile” in the sense you described, and then I could move on to a new page–and perhaps I could, in the meanwhile, also help in small ways on other pages that are being worked on. Regarding administration, I guess I’m thinking we’d mainly just want to have some discussion–and perhaps voting–regarding some of the specific ideas, guidelines, rules, etc., regarding the issues you’ve raised above. Third, once we get some initial direction and momentum, I’m thinking we’d want to think carefully about ways to expand participation. One idea in this vein would be to follow the Sunday school lessons and have one particular person in charge of a page (or a few pages) that pertain to a particular section of scripture for a week or (more likely) a few weeks. Then, we could have a blog post for each Sunday school lesson that encourages discussion of particular points, but also that tries to recruit people to work directly on the wiki. Another idea would be to have a kind of advertisement on other blogs showcasing particular wiki pages as we get them in a presentable format (besides being an ad, these showcasing-posts would request substantive comments, feedback, discussion, etc.). Well, some thoughts for now. Thanks again for you thoughts, enthusiasm, vision, work, suggestions, etc.!

2019-04-26T00:24:09Z

https://feastuponthewordblog.org/2014/05/12/vision/

Each dragon has a territory and the people in it are considered the dragon's personal servants and slaves. Those who are not are considered rebels and are treated accordingly. Most dragons leave the other races to figure things out. How things are for each territory is fully dependent on the dragon in charge. Some dragons are very tolerant about allowing those in their territory gaining power and prestige. These are considered powerful or weak depending on who speaks with them. This is a time when few namegivers dare to make legends of themselves, as legends are executed for their heretical ways. This is a time shrouded in mist and little is known about. All of this means the few who take up the path of the adventurer must be daring and have the guts to defy their masters. Are you brave enough to take up the challenge, to make a legend and defying dragons? Forging a legend in a time when legends and magic must be created to shape the future! If you are interested, please drop me an e-mail. Knowledge of the Earthdawn system is not necessary for game play, though good role-playing skills are. Let's first look some of the earlier stories about Dragons. The very first "written" stories (that we have uncovered so far) on the creation of the world is from the Sumerian civilization generally in the area we call Mesopotania. This area which later became Persia and then part of various Middle East civilization is generally found between the Tigris and Euphrates Rivers in what is now Iraq and Iran. The actual word "dragon" comes from the Greek language much later than this time so any mundane interpretation of creatures by this name before the Greeks must be by descriptions and attributes and not by name. They were generally considered "monsters" even if they had divine attributes. The very origins and foundations of the entire Mesopotamian culture comes from the stories, culture, and ethics of these Sumerians. The later civilizations of the Assyrians, Babylonians, Persians, and then Grecians all got much of their philosophy, cosmology, and religion from the earlier stories/ myths of the Sumerians so it behooves us to first look at these early very early stories and pay particular attention to them. In fact so many of the stories sprout the same type of general story line that we can actually divide them into two categories; Gods versus monsters (dragons) before creation and heros versus monsters after creation. Later versions of the stories often change the names of the parties about but maintain the basic story line. Is it possible that all these stories came from a single source and was later simply adapted, adopted, and some elements changed to suit the civilization telling it? This is a possibility to be considered about these first stories. Many later dragon stories will also be changed in the same manner by different areas or countries but with the same original tale. The earlier myths often have a god, usually a storm god or a god armed with thunder and lightning bolts, chasing a dragon that has something to do with water. Examples are almost all of the Mesopotamian stories, the Indian god Indra, both Chinese and Japanese myths, the Mayan Rain Gods, the Egyptian sea dragon/serpent Apophis and pursuer Re, and even many early Semitic stories. From the very start Dragons were seen as guarding treasures, holding back the floods, and dispensing knowledge. They also are battled by gods or heros from the very beginning. In many cases stories from the Sumerians were borrowed and slightly changed by the preceding civilizations. These same stories were very similar in content but with the actual names of the participants changed. The first written commentary, found on clay tablets, uses the names of Asag, a monster/dragon (sometimes named as Kur) and Ninurta, a god/hero. Later we are introduced to this same god/hero as Marduk by the Babylonians and the dragons name has been changed to Tiamet. There is some confusion here as the preserved evidence is not in good shape or complete. In the Babylonian version called the "Enuma elish" Tiamet is one of the original pair of god and goddess at the founding of the universe. From these two all later creatures, good or bad, came into creation. This Goddess is in effect the "mother of all." In the beginning of the tale Tiamet defends her offspring and all of creation from all the minions and forces of evil. But later, when her husband Apsu is killed, she apparently goes mad and decides to end all creation in her grief. This irrational action pits her against all the other Gods and one of her offspring, named Marduk, is talked into opposing her. In the fight that ensues Marduk finally kills her by shooting an arrow into her mouth as she tries to swallow him. She is a shape shifter as most or all early Dragons are assumed to be so fought him in different guises. Even time seems to be effect which will come up again in the dragons versions. After the battle he uses her dragon body to form the earth and from death we have life and substance. The first epic of the hero or human and dragon encounter is the "Epic of Gilgamesh." This we know of by clay tablets from Semitic origin. But these tablets are telling about much earlier versions of the story. Here the hero is pitted against a Dragon named Humbaba who also has shape shifting abilities. Gilgamesh with the aid of the god Shamash finally kills the Dragon but gets in trouble with those other gods who were friends with or supported the Dragon and so has a pyrrhic victory and some penalties for his action are imposed. Not much later we find the Egyptians with a similar story of either Re the sun god or Seth the hero destroying the snake or Dragon named Apophis. Again there is much confusion and contradictions. In this story both the side of good and the side of evil have attributes of the dragon. So once again we see the idea that the winner of the contest with the dragon take on the attributes of the dragon. The Hittites have a story of the battle of a storm god with the Dragon named Illuyankas which also has contradictions and different versions but also follows the earlier stories in general details. Later on we get several versions from the Grecian civilization. There is the story of Zeus fighting Typhon. Typhon is described as "Up from his shoulders there grew a hundred snake heads, those of a dreaded dragon." We will deal with the relationship between snakes and dragons a little latter. But suffice for now to say they are essentially the same. And again this monster/dragon is slain by a mighty thunderbolt from Zeus. Very similar to this is the story of Apollo and Python. Python is alternately described in different versions of the story as a giant snake or a female dragon with many coils. In any case in some versions she is killed by Apollo when the young god shoots an arrow down her throat. But in other version she is taken into his service and becomes a protected oracular serpent at Delphi. It is interesting to note that both Grecian and Romans had serpents or dragons that were kept at various temples including Delphi that were considered to have great knowledge. It is also interesting that Hercules himself consulted the Oracle of Delphi and was directed on his "12 labors" by the advice he got their. Included in his labors were the destroying of the dragons Ladon and Hydra of the Seven heads. A good example of another Greek hero is Perseus who instead of fighting for good versus evil killed a dragon that was about to devour the princess Andromeda in order to marry her and gain a kingdom. The dragon was sent by the god Poseidon or Neptune to avenge an insult. Another hero dragonslayer was Jason who along with his companions the Argonauts had to overcome the unsleeping "dragon of a thousand coils" who guarded the golden fleece. In one version the dragon is ensorcelled into sleeping and they stole away unharmed with the treasure. In another Jason fought the dragon who was a sea dragon and lost the fight and so was swallowed. it was only by intersession of the god Athene that the dragon gave up her prey. An interesting story related to Jason is that of Cadmus who later went on to be the King of Thebes. He was also given advice by the Oracle of Delphi (who was herself a dragon) that eventually led him to fight and kill a golden crested dragon at the spring of Ares. For killing this dragon Cadmus was forced to serve the god Ares for a year but was then allowed to found his city from the children of the dragons teeth. It has been often said that the finding of dinosaur bones by ancient Chinese was the original basis for their "dragon" stories and myths. In reality there is no definitive proof that this is so. It does seem to make sense as large bones from an unknown large creature (i.e. dinosaurs) would cause a superstitious people to believe in large mythical beast such as dragons. But this story actually appears to belong to the category of “folklore”, rather than anthropology. The Chinese were a highly civilized peoples and had definite ideas on Dragons which were studied, written about, and philosophized on as if they were rather common creatures to these peoples. This is an attribute that often pervades dragons stories worldwide; offhanded casual acceptance of their presence but debate on what it meant. The reality in ancient China actually appears to be that Dragons were believed in for far longer than peasants were finding large petrified bones. Some of the earliest writings from the Far East mention Dragons, long before it was reported that bones from this creature were found. In many early mythologies from Asia we find Dragons as either God's or messengers to the God's. Again like in earlier Mideast stories the Dragons are most often associated with water and wisdom. But unlike the Mideast and later European stories we find little to no fighting and killing of or between Dragons & Gods or normal people and Dragons. Instead of fear and loathing or even outright worship, here we find Dragons as being desirable to an area and good luck rather than ill falls to those areas where dragons abide. They are often prayed to for deliverance from bad fortune, bad weather, and even bad men. In fact, very early in China's history the emperors are said to be communing with the Dragons to get the advice of the Gods on how to govern their peoples. But somewhere along the way things changed. One very widespread story is of the Dragon Kings. They were known as the Four Brothers when they traveled together. All were water dragons and served the August Personage Jade who commanded them when, where and how much rain to deliver to the earth. Each lived in a Crystal palace and ruled one of the Four Seas via an army of crabs and fish, watchman, and ministers. Their names were Ao Ch’in, Ao Jun, Ao Kuang, and Ao Shun. There is no indication that these kings directly communicated with mundane humans. But their ministers, who are presumably all dragons, apparently did. In Chinese society individualism was strongly discouraged for most of their history. Instead, one was to subjugate ones will to the gods or their representatives including the authorities in power. And that power usually started with the emperor. The emperor himself was to have received his authority and blessings from the heavens and used it for the betterment of all the peoples. But how often in our human histories was this arraignment going to last? Originally it was believed that the dragons were the ones who talked directly to the Gods. The Emperor was given the God's will for his people and he in turned passed on this message to the people through his growing bureaucracy. In this way the Emperor was seen to be sitting on the throne by the will of the Gods and thus divine himself as long as he passed on the god's will as spoken to him. As time went on the Emperors apparently decided to cut the Imperial Dragons out of the deal and claimed to be able to communicate directly with the God's. Of course to protect this monopoly no one but the Emperor was allowed to try and communicate with the Dragons. This is a subtle but definite indication of the strength of the belief that dragons did exist and needed to be communicated with. Otherwise there would have been no reason to give the “no communication” decree and the harsh follow up with strict enforcement. At this point the Imperial Dragons were said to have 5 claws and other lessor Dragon's 4 or even 3 claws. It was now death to try and "communicate with an imperial Dragon." But there were still those who did not believe that the emperor was the only one who should be allowed to gain wisdom by talking to the wisest of the God's messengers, the Dragons. There are more than a few stories from the Far East about various men who sought out this draconic source of wisdom. But to try and discredit them the Imperial court called them "four-men" or those who talked to less than Imperial Dragons. The implication was that only the Emperor could talk to a real messenger from the God's. Later on these same individuals who learned and used dragon wisdom became derided as Foemen. But all of these outlawed individuals seeking out Dragons were supposed to prove their worth to talk to these wise creatures by helping out villagers against bandits or oppressive bureaucrats and such. The tales told of these dragon inspired warriors were very much like the quests and deeds done by the much later heros and the Knights of the Round Table. The Japanese also had Dragon Kings. One of these was named Rinjin or Ryujin. Like the Chinese Dragon Kings he also had a palace under the sea. Like many other dragon stories this one has several versions. In one case it is about his queen and octopus and in another it is about his daughter and jellyfish. In the more popular version the jellyfish was a handsome creature with strong bones, ornate fins, and walked on four feet. The princess had a craving for monkey liver and Rinjin liking to spoil his only daughter sent the jellyfish out to acquire one monkey. To oblige his king the jellyfish found a monkey and invited him to dine at the kings palace. The monkey agreed but on the way back seeing that the monkey was a fine creature confessed why the king really wanted him. The monkey said that it was alright but that he had left his liver in a special jar at home and would go and fetch it. Eventually it became apparent that the monkey wasn’t coming back and the jellyfish returned to the Dragon King and told his story. In his rage for the incompetence shown the Dragon beat the jelly fish into a pulp and exiled him from his palace. That is why to this day jellyfish are in the shape they are in. The Koreans also had their very own dragon kings as did the Vietnamese. According to the Chinese their “true dragons” had five claws. All others had 4 or 3. Japanese dragons were said to have 4 claws while Korean and Vietnamese dragons had 3. A Vietnamese story of the Dragonkings starts when a kindly man named Slowcoach finds a cute little animal named Cibet. But his mean brother in jealousy kills the little critter who is then buried under a tree. Every time that Slowcoach visits the grave silver rains down on him. This does not get missed by the brother who also goes to the grave only to be rained on by mud. In anger he cuts down the tree and leaves. Slowcoach decides to sue the fallen tree so shapes it into a food trough for his pigs. They of course do marvelously well and this also is noticed by the brother who burns the trough. Only a little piece of wood escapes the fire and this is fashioned into a fish hook by the gentle Slowcoach. But when he puts the hook into the lake the water raises, the pole and line disappear into this turbulence, the waves and almost drown him. Out of the water walks a beautiful woman who says she is the dragon kings daughter and that the hook is caught in her fathers mouth. Slowcoach agrees too free it and she turns him into a bubble and takes him to her father. The fish hook removed the dragon king rewards him with a bottle containing a little blue fish. After returning home with his reward which he sits next to his bed life goes on. But one day Slowcoach realized that every time he left his home and came back afterwards it was cleaned. To solve this mystery he came back unexpectedly one day and caught the little blue fish turning into the dragon kings beautiful daughter and cleaning the house. In order to keep her there forever Slowcoach broke the bottle and asked her to marry him. She agree on the condition that he make her some bones which he did. They lived happily ever after. As a side note the jealous brother wanting to also get a beautiful wife jumped into the lake in search of the dragon king, but knowing him for what he was the dragon king turned him into a fish. And that was the last anyone saw him except that Slowcoach seemed to spend a lot more time fishing when he wasn’t with his new bride. Another Japanese story tells of a dragon named OGoncho who lives in a deep but small fissure lake not far from the Kyoto castle named Ukisima. The area of Japan where the white dragon lives is called Yama-shiro and is reputed to be a former home of some demi-god. Every half century the dragon changes into a golden bird and flies around. If anyone hears this bird calling it is a warning that famine will soon be upon the land. From the Indian subcontinent comes multiple stories of the serpent-dragon named Vitra. He was said to have absorbed the cosmic waters from the universe and coiled around a great mountain. In order to bring water to both the gods and the humans Indra battled this dragon and proved victorious when he used his thunderbolts to kill this monster and released the waters of life for all. This tale is very much like several of the Mesopotamian stories and Vitra is sometimes described as the personification of winter. When winter is killed by the Gods water is released in the spring. The name Vitara is sometimes used in place of Vitra but often this is a completely separate dragon. Another interesting tale comes from the Island of Borneo about a dragon named Kinabalu. He lived at the summit of a mountain of his name. He was the possessor of a fabled pearl of immense size. The Emperor of China heard about the pearl and sent an army to get it for him but the dragon killed all but a few. These survivors return and told the emperor about the disaster and said he could not be overcome by strength of arms. So the emperor sent his two clever sons named Wee San and Wee Ping to get the pearl. Wee Ping could not find any way to get the pearl but his brother came up with an idea. When the dragon went away to hunt for food they would steal the pearl and replace it with an identical looking one. The first part of the plan worked as Wee San used a kite to get to the top of the Mountain to steal and replace the pearl. Unfortunately Kinabalu was not fooled and went after the two sons who were sailing away in a large junk with the real pearl. A fight ensued and Wee San ordered the sailors to heat up a cannon ball red hot and shoot it at the fast approaching dragon. The dragon thinking it was the pearl swallowed it and in doing so was killed and fell into the sea. Upon arriving home in China Wee Ping lied to his father about who had actually succored the pearl and was given palaces and rewards. Rather than fighting with his older brother Wee San left his homeland and went back to Borneo where because of his good deeds and wisdom eventually became a king. The lying brother Wee Ping did not get to enjoy his rewards as he was either punished by the Gods or else there was a curse on the possessor of the stolen dragon pearl. Nothing but sadness and misery befell Ping and he died a broken and poor man. Another tale from the Orient is of one of the only Dragons ever to be converted to a human religion. This Dragon was named Apalala and lived in the Swat river. Supposedly this young dragon was converted by the Buddha himself. He then went around teaching others until he tried it with other dragons who drove him away but allowed him to continue teaching the humans which is why dragons were here in the first place. From the islands of Hawaii come stories of the mother of all dragons called MO-O-INANEA. She is know as the “self reliant” dragon and not much is known of her other than all others come from her. The natives are very reluctant to talk about this dragon and some speculate she may still be around and is being protected by the Hawaiians. From the Island of New Zealand Polynesians comes a story of a dragon monster (called a taniwha) by the name of Hotu-puku. It seems that travelers going between Rotorua and Taupo started disappearing. Thinking that neighboring war parties were responsible these people sent out their own war band. At a place called Kapenga they instead encountered the dragon Hotu-puku and were attacked. During the fight several warriors were killed and eaten and the war band had to flee. Organizing a new dragon hunting party was a man named Pitaka. His plan was to hang a noose across a trail and using himself as bait. The plan worked and when Hotu-puku tried to grab the man he was caught in the rope and strangled. Just to be sure this was the right dragon the party cut open the dragon and sure enough founds the remains of the earlier victims. These victims were buried and then the dragon was roasted and eaten. For his bravery and daring Pitaka became known as a taniwha expert and was rewarded as well as in great demand. His next exploits come at a place called Te Awan-hou where a fierce sea dragon named Peke-haua lived. This dragon lived in a deep water filled lair called Te Waro-uri and could not be easily approached. For this adventure Pitaka used some companions and some magic. He descended alone into the watery lair and tied a magic vine onto the dragon while he slept. He then escaped up to his fellow dragon hunters. Other magic vines and traps were set above the dragon and then he was hauled unceremoniously up out of his home and in the fighting became further entangled and then finally killed. This ended the second adventure of our hero. Next Pitaka went to a place called Kataore near Rotorue in Tiki-tapu. Here some disgruntled villagers told him they were being preyed on by a dragon that had been named Kataore by other locals. This proved to be a simple execution as the dragon did not flee when the group approached it and it was easily killed. Unfortunately this dragon was actually the pet and friend of chief Tangaroa-mihi and he immediately set of after Pitaka and party and chased them out of the area while killed some of the so called dragon slayers in this battle. This was the last we heard of about Pitaka the dragon slayer. Perhaps the most famous of the European dragons is the tale of St. George's dragon. There are two versions of the incident. The first was told by the frightened villagers and appears to be somewhat of a cover-up. In it a dragon appears at the village of Cappadocia and threatens to destroy the region. In fear they first feed off the villages sheep and then finally start feeding the maidens via a lottery until only the princess is left. She is tied to a stake and this is when George came by and killed the dragon. But there is another version that was first repressed by the villagers. But as the older people died their children started telling a different tale. In this version a dragon moved into the region as often happens when they are driven out by a more powerful dragon or are young ones looking for a territory. Being used to catching and eating whatever he can this dragon starts first with deer and wild game but then discovers the easy pickings the farm animals in the area are. No people are bothered but eventually someone (no one remembers exactly who) comes up with a plan to feed the relatively tame dragon at a certain place and at a certain time with the villagers sheep. The idea appears to make this a more predictable dragon. Not knowing knowing any better the intelligent but inexperienced dragon goes along with the plan. Then as he grows he needs even more sheep to fuel his growing body. Eventually this growing young dragon finishes all the available sheep and comes into this now small town and starts looking around for some food. This same bright individual (likely having only sons) who came up with the sheep plan now comes up with a lottery for feeding off the unmarried maidens in the town. Since after sheep they were the most expendable asset the town agreed to the plan. Unfortunately the town had no idea how much food a dragon needs and how protective of his hunting territory he could become and eventually the princess was the only maiden left. So she went out in her turn to the sacrificial pole. Here St. George came along and rather than slay the young and ignorant beastie lectures him on the evils of eating people and the values of christianity in general. He and the princess then put the tame but confused dragon on a rope and lead him back to the town where he is officially converted to christianity, leaves the area, and troubles the town no more. An interesting and almost “Asian” philosophy on dragons seemed to pervade the Rhine River areas of Austria. Here there were many tales told of the “Butz” which was a goblinesk creature and the “Nachtvolk” which we would call elves. But dragons were in another category altogether. They were not considered supernatural but rather simply an unwanted part of nature like wolves, bears, and mountain cats. There are portions of manuscripts found in the area of Vorarlbeg (Western Austria) that mentions them in the same breath as losing a sheep to a pack of wolves. It appears they occasionally took a horse, cow, or some sheep but were rather shy about confronting mankind and were thus never seriously feared or hunted. They were discussed in conclaves of the nobles and determined to be “no threat to the cities and castles” and thus it was though better to leave them to the occasional wandering wise-men and scholars just like in China and Asia. In short they were just another hazard faced by people living in the area but not to be especially feared. Tarasque was said to be a dragon of a different kind. She was reputed to be the daughter of Onachus (a giant serpent) and Leviathan (a water dragon). She came from the sea up the river Rhone and decided to make her home in Southern France. In size she was said to be bigger than 12 elephants, with teeth as large as swords, scales harder than iron, and with a fiery breath. Here she settled and was said to terrorize the region for many years. Many knights and heros attempted to kill her. She was , however, too powerful and destroyed or drove off all that came against her. After seven years had gone by a farmer found her skin with nothing left inside it and everyone rejoiced that she had died. But she was a reptile and every 7 years had to shed her skin so quickly reappeared bigger and meaner than ever. After putting up with her another seven years the villagers tried to lure her into a swamp and to her death, but she refused to be so tricked and destroyed all the remaining bridges in the area in her anger. Finally, after twenty one years of failure St. Martha was traveling in the area and heard about the villagers plight. She went out to face the dragoness alone in a white dress and armed only with her faith and a jar of holy water. Apparently that was enough as she led Tarasque back to the town where the now docile and trusting creature was hacked to pieces. In honor of the event a church was build in Martha’s honor and the town was renamed Tarascon. The village of Brand was a remote village in Germany in a mountainous valley. One day a dragon appeared and began eating the villagers cattle and performing mischief toward the poor villagers. Every effort to destroy this dragon ended in failure. Finally a traveling scholar arrived at Brand and was told of the creature. Warning them that the cure could be as devastating as the dragon this personage gave them the choice of a water or fire to be rid of their nemesis. They chose the water. The next evening the skies boiled with thunderstorms and the fiercest storm in memory descended on the mountains above the village. At about midnight the storm had increased to a veritable tempest and the whole hillside where the dragon dwelt collapsed. He could be seen outlined in lightning still attempting to stay above the landslide until a massive bolt of electricity struck him and he disappeared into the muddy torrent. In the morning the valley at its end was completely covered in a landslide of rocks, trees, giant boulders, and mud. Of the dragon there was never again a sight and the area became known as the “dragons grave.” The scholar was also never seen again. A famous Norse story was of the dragon Fafnir and Sigurd the dragonslayer. As usual with dragon tales there are several versions of the story. This one starts with the telling of the order of the world and the great serpent Nidhogger which lives at the foot of the tree of life Yggdrasil. Of his kind come the dragons. But the Norse believe that a dragon can be a state of mind also and this tale explores the evils of the human condition. Once there were two brothers named Regin and Fafnir. They were dwarves. Fafnir was recruited by the gods to kill an enemy of the gods Otter. Having done so he was rewarded by an immense hord of gold. But Fafnir's excessive delight and greed for this gold slowly turned him into a great dragon. The brother Regin wanted this gold and so persuaded Sigurd (also called Siegfried in some tales) to kill this evil dragon. Together they dug a hole and as Fafnir walked across it Sigurd stuck his sword into the dragon’s unprotected belly and killed him. It was apparently good luck to eat of certain parts of the dragon and so after Regin cut out the dead creatures heart Sigurd cooked it. As he was taking the heart out of the fire Sigurd burned his fingers and put them into his mouth. The dragons heart had magical properties and even this little taste of the heart allowed the hero to understand the speech of the birds. The birds told Sigurd that Regin was planning on killing him and take all the gold so the hero loaded all the treasure onto his horse and rode away. Other versions have the dragon giving the treasure to Sigurd for his nobility and honesty and departing in peace. It is likely that other versions were made into the story of Drachenstein. Another of the many stories having to do with the power of dragon parts and dragon blood is that of the Wilser dragon. The town of Wilser has a village named Helvetia near it. In this area a dragon came and was playing the usual havoc they apparently can when undupervised by the gods. The town magistrate approached a convicted murderer and said that if he killed the dragon his banishment would be lifted. The man was called Winckelriedt and he was handy with a sword and so he agreed. In the ensuing fight the dragon was killed, but as the victor caused his sword to be raised in triumph the blood trickled down onto him and he died immediately. There is a village in Germany called Bezau that apparently has had more than one run in with dragons. In the first tale there was once a very prosperous farm on a hill named Jolerbuhel. One day a beggar came asking for a little money or food. The farmer did not approve of begging so drove him scornfully away. The stranger shouted back that the stingy farmer was going to be sorry and that he was going to bring back something for the farmer shortly to prove it. The sky suddenly turned dark and black and a cascade of water and debris suddenly came down the nearby creek. In the middle of the flow was the beggar leading a large dragon on a red cord. As the farmer stood and watched in astonishment the flow of boulders, trees, and mud was being herded toward him by the dragons deft tail. In a matter of minutes the rich farm was destroyed and all within killed by the fraging debris. Next the stranger took the dragons red cord and led him through the village of Bezau and out the other side never to be seen again. In the next tale there is also a lake no more than an hours stroll from Bezau. There has always been a legend that there was a large dragon who made the lake his home. The lake is very deep and no one had ever found out exactly how deep it really was. No one to this day has ever tried to measure the depth of this enchanted dragon lake. This is true even though another story of this same dragon says that he guards a fabulous hord and most believe it is at the bottom of the lake. There is a deep cleft in the ground in Sussex England named after the dragon who had resided there. His name was Knucker and he was reputed to do the usual mischief that most European Dragons are said to do. In short he wasn’t wanted by the locals. As usual there are several versions of how he was killed. One is the tried and worn one of the king offering the princess to anyone capable of killing this dragon. And eventually some knight prevailed, killed the dragon and got his reward. The other two versions are interesting in that they both involved locals poisoning Knucker. One had a local farmer’s son named Jim Pulk who put poison in a pie that the dragon ate and then died. And of course reusing a classic theme the boy then also died from sucking on his hands and forgetting there was still poison on them. The third version is that the Mayor of the closest city named Arundel offered a reward and a man named Jim Puttock accepted. In this tale Jim put some poison in some pudding and then when confronted by Knucker talked him into trying the pudding. According to an article in the Sussex County Magazine Jim lived to a ripe old age after killing the dragon. An ancient Teutonic myth of unknown origins tells the tale of The Black Worm which is another name for a dragon. In this tale the Black was discovered sleeping on a hoard of gold when discovered by a local couple. Since the gold pile was immense the dragon could not quite curl all the around it and this man took advantage of that fact to climb up and pick out choice pieces. But after grabbing all he could he got greedy and called to his female companion to come up and get her share. Unfortunately this noise woke the dragon and he roared his wrath at their thievery. The man threw down his ill gotten gains and fled. Looking back over his shoulder he saw the dragon and the gold sink out of sight into the ground, never more to be seen. Another ancient German tale is about a hoard left by a scholar under three large boulders. Scholars were often believed to be magical and found in or near the company of dragons. Atop these boulders was another large rock now called the Galina gorge outcrop. Shepherds used to shelter from the heat or rain under this rock. The story tells of a young shepherd boy who kept finding pieces of silver and gold under them. Eventually the boys father found out and surmised that they were part of the scholars hoard which was now guarded by a dragon. Going to collect this hoard and climbing under the three boulders the father suddenly encountered a terrible thunderstorm. He escaped but the three boulders were buried until only the large rock on top was left flat on the ground. Locals still believe that someday there will be another great storm with lightning, terrible winds, and water. Whoever is brave enough to be waiting on the bridge below will become heir to this hord as the dragon leaves. The most famous of the dragons of Ireland went by the name of Ollipeist. The story goes that when St. Patrick came to Ireland the first thing he did was rid the island of snakes. But then he turned his attention to the dragons and started imprisoning them. Knowing his fate if he stayed Ollipeist fled the country and in so doing left his mark with his tail in what is now called the Shannon Valley. On the Island of Largo was a ruler by the name of Ypocras. Somehow he angered an unnamed goddess who turned his beautiful daughter into a fierce looking dragon. But still her people loved her and called her “The lady of the land” and her father built her a cave inside her former castle. It was said that if any hero was brave enough to kiss her on the mouth she would revert to the beautiful princess once more. Many would be heros came calling but all went away in fear and died miserably shortly thereafter. The lady is still waiting for her true love. The German village of Sonntag was a prosperous mountain village until one day a dragon appeared. The death and destruction to the region was typical of dragon stories told at this time. Nobody could kill or drive the dragon away. But one day a Venediger appeared, befriended the dragon and rode away with him. A Venediger was the German word for supernatural being and could be a dwarf or goblin with a love for crystals and rare minerals. It is also the word for the rock merchants from the city of Venice so it was either a small Venician or a dwarf, both with a love of crystals and dragons. There are many stories told of Jormungand by the Norse people. He is said to be the offspring of the god of mischief Loki and his bride Angurboda. He is also called the Midgard serpent who lives in the sea and is so long that he encircles the whole planet and has swallowed his own tail. This is why he is also prominent in their stories as the World Serpent. There are to many stories and versions to tell here. But they are another example of dragon and serpent stories told at this time. The city of Heidelburg has always had a love affair with dragons unlike most other parts of Europe. For much of the early middle ages this city seemed to be the very epicenter of friendly dragon activity. Dragon eggs were first found in the Neckar river nereby. When incubated in the home and raised properly they were grew into loyal protectors of the hearth of the home. The dragons all had the ability to breath fire and so were especially loved by the local blacksmiths who produced the finest steel in the region because of their reptile helpers. The males of this larger species could fly and a few of the especially brave of the city residents actually became dragon riders. The female dragons were more water lovers and often helped the fishermen. The females were also said to be highly intelligent and some could converse in the human tongues which made them very popular with the scholars and wise-women who would spend much time learning philosophy from them. In addition to the big dragons there was a race of dwarf flying dragons who nested in the warm hillsides near the city. They were very popular with the city dwellers who did not have the room of the country residents and farmers. AQ small dragon would be a better asset to an apartment dweller than their larger cousins. All this happy interactions and love affair between the people of Heidelburg and the dragons came to an end when the christian church moved into the area and the clergymen convinced the people that dragons were actually the offspring of the creatures of hell. When they were turned away from and even killed by their former friends the dragons saddly all left the area and were not seen again. Many in Heidelburg wish they would come back and festivals commemorate this ancient friendship. In the Austrian capitol of Innsbruck of the province of Tyrol was a narrow gorge carved by the Sill river. The Sill ran through a mountain forest that was shunned by the locals because of the rumors of a dragon living there guarding a huge horde of gold. The locals knew this was true because after floods they would find pieces of the dragons hord washed out of his lair by the high waters. Problems arose when the dragon found out that some of his gold was missing and went on a rampage to find where it was. He would destroy fields, farms, orchards, and houses until he found his missing gold. No one could stand against the dragon and the region became impoverished and desolate. A nobleman of royal birth by the name of Haymo lived some distance away but heard of the cities plight. He was a giant of a man standing some 12 feet in height. He gathered up his armor and weapons and came searching for the dragon. When he found the creature the battle began. The tide quickly turned against the dragon and he fled to the refuge of his cave in the forest. But Haymo pursued his foe into his very lair and after a fierce struggle killed the dragon and cut out his tongue to bring back to the waiting locals. Upon seeing this proof the locals asked their new hero to become their leader and he accepted. Many more adventures befell this dragonslayer but in later years he regretted all the killing he had to do and founded the monastery of Wilten on the spot where he had killed the dragon years earlier. Another dragonslayer was St. Margaret. She lived in Antiochia and the story says that she converted to christianity and was then tempted by the governor Olybrius who wanted her as wife. She was imprisoned in a tower and tortured when she refused his advances. She was also tortured and tempted by satan who finally sent a dragon against her. But she was strong in her belief in the Lord and made the sign of the cross over the dragon and he was killed. After this the governor lost patience with this christian virgin and dragonslayer and had her beheaded. This is still another example of stories that show dragonslayers have a short life after killing a dragon. This is the story of St. Magnus and his exploits against dragonkind. As a historical figure Magnus is known to have been born between 1698 and 1702 and is variously claimed by the Irish, Romans, and Alemannians. He died sometime between 1750 and 1772. With some companions he traveled into the then pagan or neo pagan areas of Southern Germany where he constantly battled on behalf of his christian beliefs. He was credited with founding several notable churches and monasteries. Magnus had his first encounter with a dragon at the city of Kempton. This city was originally founded by the Roman’s around the time of Christ but over the intervening years became a battleground for beliefs. It was repeatedly conquered and occupied by both pagan and christian armies only to be lost again. It was certainly an interesting place to live in if you liked war. When Magnus came to the city it was said to be empty of men and filled with dragons and snakes. Against his companions advice he decided to sleep in the open just outside the city and was predictably attacked that evening by the dragon (worm) Boas. Calling on the power of his God Magnus was able to kill this powerful boss dragon and chase the rest of them out of the city. The humans moved back in right after this of course. His next encounter was in a valley called the Rosshaupten on his way to the city of Fussen. Here he had to pass by a dragon who allowed no one to leave his valley unmolested unless he was out hunting. This dragon lived in a cave next to a beautiful apple tree. Everything else was said to be bare and desolate because of the dragons wrath. Trusting again in his God Magnus walked up to the lair and challenged the beast. The dragon rushed out to eat this impudent holy man whereupon the human tossed resin and pitch into the dragons mouth which erupted in flame and burned the creature to death. The local version of this is that magnus and his companion Tozzo built a monastery on this very spot. But the official church version is that the monastery was built at Waltenhofen a mile further up the valley from the dragon slaying. Interestingly many other villages in the area claimed to have had dragons that were driven off by this saint as well. The village of Ronsberg was one of these. Here it was claimed that three dragons were ransacking the area. One of the locals was a sorcerer and he had succeeded in convincing these dragons to spare the village and instead raid the other areas. This they did until nothing was left standing or alive except Ronsberg where they turned their attention to once more. Before the sorcerer could again negotiate with the dragons they killed and ate him. The villagers offered the dragons a cow which held them long enough for them to bring Magnus to the village. He brought with him a tribe of bears that he had tamed and set them on the dragons. Outnumbered the dragons tried to get back to their lairs but eventually they were burned out and destroyed by the saint and his tame bears. In still another story Magnus killed a family of dragons but spared the young one because he was innocent of the crimes of his older relatives. The villagers raised the young dragon and fed him on mice and rats. In return as the dragon grew he helped to clear the forest of logs and rocks. He even cut the trees into lumber for the locals. As he continued grow he cleared snow from the fields and even helped build new roads. But he was constantly hungry. The local villagers refused to feed him anything other than the vermin he could catch and so one night he stole a calf for food. Maddened the villagers attempted to kill him in his sleep. One of the villagers cut him with an ax and a stream of milk shot from the wound. This was by far the best milk ever tasted and so the locals tried to make amends to their dragon. But he would have nothing to do with them and left the area and never came back. This the story about a well regarded and handsome hero named Dobrynja who lived with his mother who was very wise. He always had to listened to her sage advice on just about everything. Thatg may explain why he was always going off on quests and such. She especially counseled him never to bath in the river several hours away from their home as it was home to a terrible dragon who killed or imprisoned everyone who went into the river. One hot summer day the hero was riding near this same river and forgetting his mothers warning decided to take a cool bath. Taking of his weapons and armor he left them on his horse as he strolled leisurely into the river to cool off. He now remembered his mothers words that the rivers first wave would spit fire, the second sparks, and the third wave would bring steam. But everything seemed peaceful and calm. To escape the hero swam under the water and out of sight of the dragon until he reached the shore where he had left his weapons. Exiting the waters he discovered the horse and all his possessions had disappeared and the dragon was waiting. Flames came from one dragon head, steam came from another, and sulfur was thick in the air. Looking around in his helpless condition the hero saw only his helmet was still here so he knelt down beside it. The dragon thinking he was begging for his life did not immediately strike. In this short interval the hero had filled the helmet with sand and rock and then jumped up and swung it so mightily that one of the heads was knocked off and the dragon fell to the shore stunned. Gorynytch now begged for his life. But not for himself so much as for his own hatchlings who would starve if he was killed. The noble hearted hero felt sorry for the dragon and gave him his parole provided he never again attacked him and the creature agreed. The dragon had other things in mind now however, and immediately flew up North to the city of Kiev and kidnapped the High Duke Vladimir’s virgin daughter. On his way home Dobrynja saw the dragon flying towardhis caves with the Dukes daughter and changed his course to go straight away to Kiev where he met with the Duke to see what had happened. It seemed that no one had the courage to go after the Duke’s daughter and when he was informed that the hero and the dragon were recently seen together at the river the Duke order Dobrynja to go to “his friend the dragon” and retrieve the girl. Not knowing what to do the hero went home and told his mother what had happened. His mother was very wise and sent her son to bed to rest. That night she made a special kind of silk whip and in the morning told the hero to go get his grandfathers horse. He was then to go to the cave which would be unguarded and by laying the whip to the horse the dragons younglings would be trampled to death. Doing what he was advised he had just destroyed the brood before the dragon rushed in to see what was happening. Calling the knight an oath breaker the fight was joined and the two antagonists fought for 3 days and nights until Dobrynja remembered the whip. Using it he soon subdued Gorynytch and then quickly cut off his remaining two heads. But the knight had been wounded and sorely taxed by the fight so he bathed in the dragons blood for three days before he recovered and used the whip to remove any poison in the blood he was soaking in. Next he went out to search for the Dukes daughter. One by one the hero searched eleven caves and freed hundreds of the dragons prisoners. But it was not until the twelfth cave that he found the virgin tied to the wall with golden chains. He freed her and took her back to her father where the story ends without telling us what his reward was. Hmmmm, what's the first thing you think of when someone mentions a dragon??? Fierce, mean, brutal??? Actually its none of the above. The only way a dragon can become like this is if its attacked negatively by someone. Dragons are actually gentle creatures that will give you respect if you give them respect. There are many different kinds of dragons, most people know about the Chinese dragon because its on clothes almost everywhere you go now days. According to tradition, china's history dates back to 3000 BC. Although modern historians only go back to 1600 BC. A clay vessel from about 2000 BC is decorated with a dragon picture. The Dragon symbol and figure still exist in modern-day Chinese art and celebrations. Chinese experts were said to be able to tell the age of Oriental Dragons and their origins by their color. Yellow Dragons were believed to be born from yellow gold a thousand years old; Blue Dragons from blue gold eight hundred years old; red, white, and black from gold or the same color a thousand years old. As one can see by legends, there was a time when dragons materialized from the astral plane into the physical plane on a fairly regular basis. Considering a Dragon's intelligence, it is no wonder that they now Choose to stay away from humans. Most humans want to control, dissect, or vanquish everything they do not understand, and even a lot of what they do understand. But that wonderful, vast storehouse of Dragon magick and power is still available if a magician will take the time to learn how to approach Dragons and their deep magickal energies. Do you even think it would be possible for one of them to do that?????

2019-04-22T06:12:15Z

http://hojosouta.tripod.com/id13.html

Petitioner's art collection was seized by customs officials when he was suspected of smuggling the collection into the country. Subsequently, petitioner was acquitted of the smuggling charge, and the objects of art were returned to him upon his petition for relief from civil forfeiture. He then filed an administrative complaint seeking compensation for alleged damage to the property occurring while it was in the Customs Service's custody. When the Service denied relief, petitioner filed suit in Federal District Court under the Federal Tort Claims Act (FTCA), seeking damages for the alleged injury to his property. The District Court granted the Government's motion for dismissal of the complaint or summary judgment on the ground that the claim was barred by 28 U.S.C. § 2680(c), which exempts from the coverage of the FTCA "[a]ny claims arising in respect of . . . the detention of any goods or merchandise by any officer of customs." The Court of Appeals affirmed. Held: Section 2680(c) precludes recovery against the United States for the alleged injury to petitioner's property. Pp. 465 U. S. 851-861. (a) The fairest interpretation of § 2680(c)'s language "arising in respect of " is that such language means any claim "arising out of" the detention of goods, including a claim resulting from negligent handling or storage of the detained property, and is not limited to claims for damage caused by the detention itself. That § 2680(b) expressly bars actions "arising out of the loss, miscarriage, or negligent transmission" of mail does not undercut this reading of § 2680(c)'s language, but merely suggests that Congress intended § 2680(b) to be less encompassing than § 2680(c). Pp. 465 U. S. 851-855. (b) The legislative history of § 2680(c) supports the above interpretation. Moreover, the interpretation accords with Congress' general purposes, in creating exceptions to the FTCA, of ensuring that "certain governmental activities" not be disrupted by the threat of damages suits, of avoiding exposure of the United States to liability for excessive or fraudulent claims, and of not extending coverage of the Act to suits for which adequate remedies were already available. Pp. 465 U. S. 855-861. MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, BLACKMUN, POWELL, REHNQUIST, and O'CONNOR, JJ., joined. STEVENS, J., filed a dissenting opinion,post, p. 465 U. S. 862. The question presented in this case is whether 28 U.S.C. § 2680(c), which exempts from the coverage of the Federal Tort Claims Act "[a]ny claim arising in respect of . . . the detention of any goods or merchandise by any officer of customs," precludes recovery against the United States for injury to private property sustained during a temporary detention of the property by the Customs Service. While a serviceman stationed in Guam, petitioner assembled a large collection of oriental art. When he was transferred from Guam to Philadelphia, petitioner brought his art collection with him. In his customs declaration, [Footnote 1] petitioner stated that he intended to keep the contents of the collection for himself. Subsequently, acting upon information that, contrary to his representations, petitioner planned to resell portions of his collection, agents of the United States Customs Service obtained a valid warrant to search petitioner's house. In executing that warrant, the agents seized various antiques and other objects of art. means of any false statement." Relying on 19 U.S.C. § 1618, petitioner filed a petition for relief from the forfeiture. [Footnote 2] The Customs Service granted the petition and returned the goods. The Court of Appeals, with one judge dissenting, affirmed. 679 F.2d 306 (CA3 1982). The Court of Appeals reasoned that the United States may be held liable for torts committed by its employees only on the basis of a statutory provision evincing a "clear relinquishment of sovereign immunity.'" Id. at 309 (quoting Dalehite v. United States, 346 U. S. 15, 346 U. S. 31 (1953)). In the court's view, the Federal Tort Claims Act, as qualified by § 2680(c), fails to provide the necessary relinquishment of governmental immunity from suits alleging that customs officials damaged or lost detained property. On the contrary, the court observed, the "clear language" of § 2680(c) shields the United States from "all claims arising out of detention of goods by customs officers, and does not purport to distinguish among types of harm." 679 F.2d at 308. On that basis, the Court of Appeals held that petitioner had failed to state a claim on which relief could be granted. We granted certiorari to resolve a conflict in the Circuits regarding the liability of the United States for injuries caused by the negligence of customs officials in handling property in their possession. [Footnote 5] 459 U.S. 1101 (1983). We now affirm. personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment." "for damage caused by the detention itself, and not for the negligent . . . destruction of property while it is in the possession of the customs service." the statutory language certainly appears expansive enough to support the Government's construction; the encompassing phrase, "arising in respect of," seems to sweep within the exception all injuries associated in any way with the "detention" of goods. It must be admitted that this initial reading is not ineluctable; as Judge Weis, dissenting in the Court of Appeals, pointed out, it is possible (with some effort) to read the phrase, "in respect of" as the equivalent of "as regards," and thereby to infer that "the statutory exception is directed to the fact of detention itself, and that alone." 679 F.2d at 310. But we think that the fairest interpretation of the crucial portion of the provision is the one that first springs to mind: "any claim arising in respect of" the detention of goods means any claim "arising out of" the detention of goods, and includes a claim resulting from negligent handling or storage of detained property. Relying on the analysis of the Second Circuit in Alliance Assurance Co. v. United States, 252 F.2d 529 (1958), petitioner argues that the foregoing reading of the plain language of § 2680(c) is undercut by the context in which the provision appears. did not choose to bestow upon all such agencies general absolution from carelessness in handling property belonging to others." We find the conclusion reached by petitioner and the Second Circuit far from "inescapable." The specificity of § 2680(b), in contrast with the generality of § 2680(c), suggests, if anything, that Congress intended the former to be less encompassing than the latter. The motivation for such an intent is not hard to find. One of the principal purposes of the Federal Tort Claims Act was to waive the Government's immunity from liability for injuries resulting from auto accidents in which employees of the Postal System were at fault. [Footnote 11] In order to ensure that § 2680(b), which governs torts committed by mailmen, did not have the effect of barring precisely the sort of suit that Congress was most concerned to authorize, the draftsmen of the provision carefully delineated the types of misconduct for which the Government was not assuming financial responsibility -- namely, "the loss, miscarriage, or negligent transmission of letters or postal matter" -- thereby excluding, by implication, negligent handling of motor vehicles. The absence of any analogous desire to limit the reach of the statutory exception pertaining to the detention of property by customs officials explains the lack of comparable nicety in the phraseology of § 2680(c). "[The proposed provision would exempt from the coverage of the Act] [c]laims arising in respect of the assessment or collection of any tax or customs duty. This exception appears in all previous drafts. It is expanded, however, so as to include immunity from liability in respect of loss in connection with the detention of goods or merchandise by any officer of customs or excise. The additional proviso has special reference to the detention of imported goods in appraisers' warehouses or customs houses, as well as seizures by law enforcement officials, internal revenue officers, and the like." "These exemptions cover claims arising out of the loss or miscarriage of postal matter; the assessment or collection of taxes or assessments; the detention of goods by customs officers; admiralty and maritime torts; deliberate torts such as assault and battery; and others." The exemption of claims for damage to goods in the custody of customs officials is certainly consistent with the first two of these purposes. One of the most important sanctions available to the Customs Service in ensuring compliance with the customs laws is its power to detain goods owned by suspected violators of those laws. [Footnote 18] Congress may well have wished not to dampen the enforcement efforts of the Service by exposing the Government to private damages suits by disgruntled owners of detained property. which the Government would be obliged to pay undeserving claimants if it waived immunity from such suits offset the inequity, resulting from retention of immunity, to persons with legitimate grievances. Petitioner and some commentators argue that § 2680(c) should not be construed in a fashion that denies an effectual remedy to many persons whose property is damaged through the tortious conduct of customs officials. [Footnote 25] That contention has force, but it is properly addressed to Congress, not to this Court. The language of the statute as it was written leaves us no choice but to affirm the judgment of the Court of Appeals that the Tort Claims Act does not cover suits alleging that customs officials injured property that had been detained by the Customs Service. Because Guam is outside the customs territory of the United States, all goods imported therefrom are subject to duties. 19 U.S.C. § 1202. "if he finds that such . . . forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such . . . forfeiture. . . ." Petitioner also requested damages for two other alleged injuries related to the seizure and detention of his property: the destruction of a cork pagoda by customs officials during the search of petitioner's house and the accidental seizure of a sales receipt for a stereo receiver (without which petitioner was unable to obtain warranty repairs). App. 6-7. In his brief, petitioner argues that these two claims are segregable from his primary claim for damages resulting from the injury to the detained goods, and merit separate analysis. Because petitioner did not present this argument to the Court of Appeals, we decline to consider it. See United State v. Lovasco, 431 U. S. 783, 431 U. S. 788, n. 7 (1977). Civil Action No. 81-2054 (ED Pa. Oct. 15, 1981). The District Court did not identify the grounds for its ruling. We see no reason to doubt the inference drawn by the Court of Appeals that the District Court was persuaded by the Government's argument that § 2680(c) barred the suit. 679 F.2d 306, 307, and n. 2. It would have been better practice, however, for the District Court to have noted the reasons for its judgment. In three cases, Courts of Appeals have construed 2680(c) in ways that would not bar petitioner's suit. A & D International, Inc. v. United States, 665 F.2d 669 (CA5 1982); A-Mark, Inc. v. United States Secret Service, 593 F.2d 849 (CA9 1978); Alliance Assurance Co. v. United States, 252 F.2d 529 (CA2 1958). In two other cases, Courts of Appeals have read the provision as did the Third Circuit in this case. United States v. One (1) Douglas A-26B Aircraft, 662 F.2d 1372 (CA11 1981); United States v. One (1) 1972 Wood, 19-Foot Custom Boat, FL 8443 AY, 501 F.2d 1327 (CA5 1974). In Hatzlachh Supply Co. v. United States, 444 U. S. 460, 444 U. S. 462, n. 3 (1980), we acknowledged the divergence in the views of the Circuits, but expressly declined to decide the issue. "The provisions of [28 U.S.C. §§ 2671-2679] and section 1346(b) of this title shall not apply to --" We have no occasion in this case to decide what kinds of "law enforcement officer[s]," other than customs officials, are covered by the exception. In view of the fact that the Tort Claims Act permits recovery only of "money damages . . . for injury or loss of property, or personal injury or death," 28 U.S.C. § 1346(b), it is unclear whether, even in the absence of § 2680(c), any of the foregoing sorts of damage would be recoverable under the Act. Cf., e.g., Idaho ex rel. Trombley v. United States Dept. of Army, Corps of Engineers, 666 F.2d 444 (CA9) (adopting a restrictive interpretation of the language of § 1346(b)), cert. denied, 459 U.S. 823 (1982). If the sorts of damages that, under petitioner's theory, are covered by § 2680(c) would not be recoverable in any event because of the limitation built into § 1346(b), § 2680(c) would be mere surplusage. The unattractiveness of such a construction of the statute, see Colautti v. Franklin, 439 U. S. 379, 439 U. S. 392 (1979), would cast considerable doubt on petitioner's position. However, because the question of the scope of 1346(b) has not been briefed or argued in this case, we decline to rely on any inferences that might be drawn therefrom in our decision today. Because petitioner conceded below that the injuries to his property occurred after it had been lawfully detained by customs officers, we need not consider the meaning of the term "detention" as used in the statute. The Court of Appeals, while properly emphasizing the plain language of § 2680(c) as the basis for its ruling, suggested that the structure of the Tort Claims Act should affect how that language is read. Relying on the principles that "sovereign immunity is the rule, and that legislative departures from the rule must be strictly construed," the Court of Appeals suggested that § 2680(c), as an exception from a statute waiving sovereign immunity, should be broadly construed. 679 F.2d at 308-309. We find such an approach unhelpful. Though the Court of Appeals is certainly correct that the exceptions to the Tort Claims Act should not be read in a way that would "nullif[y them] through judicial interpretation,'" id. at 309, unduly generous interpretations of the exceptions run the risk of defeating the central purpose of the statute. See United States v. Yellow Cab Co., 340 U. S. 543, 340 U. S. 548, n. 5 (1951); cf. Block v. Neal, 460 U. S. 289, 460 U. S. 298 (1983) ("`The exemption of the sovereign from suit involves hardship enough where consent has been withheld. We are not to add to its rigor by refinement of construction where consent has been announced'") (quoting Anderson v. Hayes Construction Co., 243 N.Y. 140, 147, 153 N.E. 28, 29-30 (1926) (Cardozo, J.)). We think that the proper objective of a court attempting to construe one of the subsections of 28 U.S.C. § 2680 is to identify "those circumstances which are within the words and reason of the exception" -- no less and no more. See Dalehite v. United States, 346 U. S. 15, 346 U. S. 31 (1953). For reiterations of this argument, see A & D International, Inc. v. United States, 665 F.2d at 672; A-Mark, Inc. v. United States Secret Service, 593 F.2d at 850. See General Tort Bill: Hearing before a Subcommittee of the House Committee on Claims, 72d Cong., 1st Sess., 17 (1932) (testimony of Assistant Attorney General Rugg). "[t]his provision is suggested in the proposed draft of the bill submitted by the Crown Proceedings Committee in England in 1927. . . ." "No proceedings shall lie under this section -- " "(c) for or in respect of the loss of or any deterioration or damage occasioned to, or any delay in the release of, any goods or merchandise by reason of anything done or omitted to be done by any officer of customs and excise acting as such. . . ." Mr. Holtzoff wrote his report while serving as Special Assistant-to the Attorney General. He had been "assigned by Attorney General Mitchell to the special task of coordinating the views of the Government departments" regarding the proper scope of a tort claims statute. See Borchard, The Federal Tort Claims Bill, 1 U.Chi.L.Rev. 1, n. 2 (1933). Holtzoff submitted his report, in which his draft bill was contained, to Assistant Attorney General Rugg, who in turn transmitted it to the General Accounting Office of the Comptroller General. Insofar as Holtzoff's report embodied the views of the Executive Department at that stage of the debates over the tort claims bill, it is likely that, at some point, the report was brought to the attention of the Congressmen considering the bill. We agree with the dissent that, because the report was never introduced into the public record, the ideas expressed therein should not be given great weight in determining the intent of the Legislature. See post at 465 U. S. 863-864. But, in the absence of any direct evidence regarding how Members of Congress understood the provision that became § 2680(c), it seems to us senseless to ignore entirely the views of its draftsman. See also S.Rep. No. 1400, 79th Cong., 2d Sess., 33 (1946); S.Rep. No. 1196, 77th Cong., 2d Sess., 7 (1942); H.R.Rep. No. 2245, 77th Cong., 2d Sess., 10 (1942). Cf. 679 F.2d at 309 (Weis, J., dissenting) (discussed, supra at 465 U. S. 854). The dissent objects to our effort to test our interpretation of § 2680(c) for conformity with the legislative purposes that underlie § 2680 as a whole, principally on the ground that we take inadequate account of the "central purpose" of the Tort Claims Act. Post at 465 U. S. 866-869. The dissent mistakes the nature of our analysis. Our view is that the language of § 2680(c) is inclusive enough to exempt the United States from liability for negligence in the handling or storage of goods detained by the Customs Service, see supra at 465 U. S. 854. Our purpose in looking to the legislative history is merely to ensure that our construction is not undercut by any indication that Congress meant the exception to be read more narrowly. Because of the sparseness of the evidence regarding the purpose of § 2680(c) itself, see supra at 465 U. S. 855-858, we consider it advisable to consider Congress' more general objectives in excluding certain kinds of claims from the broad waiver of sovereign immunity effected by the Tort Claims Act. Because we find that our reading of § 2680(c) is consistent with those objectives, we see no need to throw our analytical net any wider. For a variety of expressions of these three purposes, see S.Rep. No. 1400, 79th Cong., 2d Sess. 33 (1946); Tort Claims: Hearings on H.R. 5373 and H.R. 6463 before the House Judiciary Committee, 77th Cong., 2d Sess., 33 (1942) (testimony of Assistant Attorney General Shea); Tort Claims Against the United States: Hearings on H.R. 7236 before Subcommittee No. 1 of the House Judiciary Committee, 76th Cong., 3d Sess., 22 (1940) (testimony of Alexander Holtzoff); Hearings, supra, n 11, at 17 (testimony of Assistant Attorney General Rugg); Holtzoff Report at 15. To our knowledge, the only arguably relevant specific statement as to the purpose of § 2680(c) appears in the testimony of Alexander Holtzoff before a Subcommittee of the Senate Judiciary Committee. Holtzoff emphasized the adequacy of existing remedies as a justification for the portion of the provision pertaining to the recovery of improperly collected taxes; he did not proffer an explanation for the portion of the provision pertaining to the detention of goods. Tort Claims Against the United States: Hearings on S. 2690 before a Subcommittee of the Senate Committee on the Judiciary, 76th Cong., 3d Sess., 38 (1940). See, e.g., 19 U.S.C. § 1594 (authorizing seizure of "a vessel or vehicle" to force payment of assessed penalties); 19 U.S.C. § 1595a(a) (authorizing seizure of property used to facilitate the illegal importation of other goods). The Government's vulnerability to fraudulent claims would be especially great in a case in which the Customs Service took custody of the goods from a shipper, rather than from the owner. The shipper would contend that it exercised due care in the handling of the goods. The owner would demonstrate that he received the goods in damaged condition. In the absence of an extensive system for accounting for the movements and treatment of property in its custody, the Customs Service would be hard pressed to establish that its employees were not at fault. We do not suggest that such a dilemma would automatically give rise to liability on the part of the United States; that of course would depend upon the substance of the pertinent state tort law. See 28 U.S.C. §§ 1346(b), 2674. But uneasiness at the prospect of such scenarios may have influenced Congress when it carved out this exception to the Tort Claims Act. See, e.g., States Marine Lines, Inc. v. Shultz, 498 F.2d 1146, 1149 (CA4 1974); Dioguardi v. Durning, 139 F.2d 774, 775 (CA2 1944); J. Story, Commentaries on the Law of Bailments §§ 613, 618, pp. 387, 390 (1832). See State Marine Lines, Inc. v. Shultz, supra, at 1149-1150. We note that there exists at least one other remedial system that might enable someone in petitioner's position to obtain compensation from the Government. If the owner of property detained by the Customs Service were able to establish the existence of an implied-in-fact contract of bailment between himself and the Service, he could bring suit under the Tucker Act, 28 U.S.C. § 1491 (1976 ed., Supp. V). See Hatzlachh Supply Co. v. United States, 444 U. S. 460 (1980). At oral argument, the Government contended that a property owner could recover against the United States under this theory by bringing suit against the relevant District Director of the Customs Service, and would not be obliged to prove negligence on the part of any specific customs official. Tr. of Oral Arg. 28-29. Though we do not decide the issue, such an interpretation of the common law doctrine appears questionable to us. Except in cases in which the property owner could demonstrate that the Director expressly authorized tortious conduct by a subordinate, it seems likely that the owner would be obliged to identify and bring suit against the individual whose malfeasance caused the injury to his goods. The dissent finds "internally inconsistent" the foregoing "hypothetical rationales" for § 2680(c). Post at 465 U. S. 865. Thus, the dissent suggests that the fact that an owner of goods damaged by the Customs Service might recover from the United States under the Tucker Act, see n. 22 supra, makes it unlikely that Congress would have been chary of creating a remedy under the Tort Claims Act because of the risk of exposing the Government to an excessive number of fraudulent suits. Post at 465 U. S. 865-866. But the requirement that an owner, to recover under the Tucker Act, prove that the Service entered into an implied-in-fact contract of bailment would operate to screen out many fraudulent claims; Congress rationally could have concluded that, in view of the absence of any comparable filter in the Tort Claims Act, it was inadvisable to extend the coverage of the latter to owners of detained goods. Similarly, the dissent finds it implausible that Congress might have feared that the creation of a remedy against the United States under the Tort Claims Act would inhibit vigorous enforcement of the customs laws, see supra at 465 U. S. 859, when there already existed a common law remedy against customs officials for negligence in the handling of goods, see supra at 465 U. S. 860-861. Post at 465 U. S. 866. But, as explained above, the apparent requirement that the owner, to recover under the common law, prove negligence on the part of a specific customs official, see supra at 465 U. S. 860-861, and n. 23, combined with the obligation of the United States to indemnify the official if he acted under proper authority, see supra at 465 U. S. 860, would have minimized the effect of the extant remedies on the willingness of the Service to adopt vigorous enforcement policies and the willingness of its officials to implement those policies. Congress might well have feared that the creation of a remedy under the Tort Claims Act would have increased the liability of the United States to such a degree as to curtail the exercise by the Service of its authority to detain goods. Comment, Governmental Liability for Customs Officials' Negligence: Kosak v. United States, 67 Minn.L.Rev. 1040 (1983); Note, Using the Federal Tort Claims Act to Remedy Property Damage Following Customs Service Seizures, 17 U. Mich.J. of L.Ref. 83 (1983). of the language used in other exceptions. Congress did not use the words "arising out of" in § 2680(c), but did use those words in three other subsections of the same section of the Act. See §§ 2680(b), (e), and (h). Absent persuasive evidence to the contrary, we should assume that, when Congress uses different language in a series of similar provisions, it intends to express a different intention. The language of the statute itself is thus clear enough to persuade me that Congress did not intend to exempt this property damage claim from the broad coverage of the Act. I would, of course, agree that, if there were legislative history plainly identifying a contrary congressional intent, that history should be given effect. I do not believe, however, that it is proper for the Court to attach any weight at all to the kind of "clues" to legislative intent that it discusses, or to its concept of the "general purposes" that motivated various exceptions to the statute. Because the Court has done so, however, I shall respond to both parts of its rather creative approach to statutory construction. In the entire 15-year history preceding the enactment of the Tort Claims Act in 1946, the Court finds only two "clues" that it believes shed any light on the meaning of § 2680(c). The first -- the so-called "Holtzoff Report" -- is nothing but an internal Justice Department working paper prepared in 1931 and never even mentioned in the legislative history of the 1946 Act. There is no indication that any Congressman ever heard of the document or knew that it even existed. The position of the majority -- that it is "significant" that the "apparent draftsman" of the relevant language himself "believed that it would bar a suit of the sort brought by petitioner," ante at 465 U. S. 856-857 -- is manifestly ill-advised. The intent of a lobbyist -- no matter how public-spirited he may have been -- should not be attributed to the Congress without positive evidence that elected legislators were aware of and shared the lobbyist's intent. "in construing a statute . . . the worst person to construe it is the person who is responsible for its drafting. He is very much disposed to confuse what he intended to do with the effect of the language which in fact has been employed." Hilder v. Dexter, A. C. 474, 477 (Halsbury, L. C., abstaining). [Footnote 2/2] If the draftsman of the language in question intended it to cover such cases as this one, he failed. uses the prepositional phrase "arising out of" to introduce a truncated list of the exceptions. Ante at 465 U. S. 857. But the "casual" use of the latter phrase in the Committee Report is as understandable as it is insignificant. It is nothing more than an introduction. In such an introduction, precision of meaning is naturally and knowingly sacrificed in the interest of brevity. The Court's reliance on the "general purposes" for creating exceptions does nothing more than explain why Congress might reasonably have decided to create this exception. [Footnote 2/3] Those purposes are no more persuasive than the general purposes motivating the enactment of the broad waiver of sovereign immunity effected by the statute itself. "may well have wished not to dampen the enforcement efforts of the Service by exposing the Government to private damages suits by disgruntled owners of detained property," ante at 465 U. S. 859 (emphasis added), its failure to abrogate the common law remedy against the individual customs officer is inexplicable. For I would assume that customs officers' enforcement efforts would be dampened far more by a threat of personal liability than by a threat of governmental liability. Reliance on an assumed reluctance to waive immunity regarding claims for which "adequate" remedies were already available simply begs the question. A basic reason for the Tort Claims Act was, of course, the inadequacy of the existing remedies, and there is no indication in the legislative history that Congress considered the previous remedies in this specific area adequate. A discussion of the general reasons for drafting exceptions to the Act is no more enlightening regarding the specific exception at issue here than a consideration of the principal purpose that Congress sought to achieve by enacting this important reform legislation. "Congress delegate authority to the Federal Courts and to the Court of Claims to hear and settle claims against the Federal Government," "Congress is poorly equipped to serve as a judicial tribunal for the settlement of private claims against the Government of the United States. This method of handling individual claims does not work well either for the Government or for the individual claimant, while the cost of legislating the settlement in many cases far exceeds the total amounts involved." of the House and Senate, and crowded private calendars combine to make this an inefficient method of procedure." "The United States courts are well able and equipped to hear these claims and to decide them with justice and equity both to the Government and to the claimants. . . ." to suggest that Congress did not think the judiciary up to this task, or that it wanted to reserve such cases for its own adjudication because it is better equipped to weed out fraudulent claims. In the final analysis, one must conclude that the legislative history provides only the most general guidance on resolving the issue in this case. For any basic policy argument in favor of making an exception will support a broad construction of the provision in question, just as any basic policy argument in favor of the Act's waiver of sovereign immunity will support a narrow construction of this or any other exception. The Government's policy arguments respecting the administrative burden on the Customs Service and the potential for fraudulent claims, like petitioner's policy arguments, are "properly addressed to Congress, not to this Court." Ante at 465 U. S. 862. Therefore, this is "a case for applying the canon of construction of the wag who said, when the legislative history is doubtful, go to the statute." Greenwood v. United States, 350 U. S. 366, 350 U. S. 374 (1956). I would acknowledge -- indeed I do acknowledge -- that the Court's reading of the statutory language is entirely plausible. I would, however, tilt the scales in favor of recovery by attaching some weight to the particular language used in § 2680(c). And I must disagree with the Court's reliance on the general purposes underlying exceptions when no consideration is given to the general purpose of the statute itself. But most importantly, I would eschew any reliance on the intent of the lobbyist whose opinion on the question before us was not on the public record. "'any claim arising in respect of' the detention of goods means any claim 'arising out of' the detention of goods, and includes a claim resulting from negligent handling or storage of detained property." Ante at 465 U. S. 854. The majority's analysis, it should be observed, puts the cart before the horse. "The essence of bill drafting is placing a legislative proposal in the proper legal phraseology and form to achieve congressional intent. It is primarily a task of legal analysis and research, rather than of composition. . . . Framing the legal language to embody congressional purpose is not as difficult as ascertaining what that purpose is in its entirety. While a committee (or individual member of Congress, as the case may be) is in the process of working out what it wants to do, the legislative counsel assist it by explaining the effect of alternative proposals. Even after the committee (or Congressman) has settled upon the major outlines of a measure, subsidiary policy questions seem to unfold endlessly. The legislative counsel must point up all of those for the committee (or Congressman) to decide. To accomplish that, the legislative counsel must envisage the broad application of the proposed law in all of its ramifications." K. Kofmehl, Professional Staffs of Congress 189 (3d ed.1977) (footnote omitted). Many bills are, of course, initially drafted in the Executive Branch. After today's decision, we can anticipate executive agencies searching long dormant files for documents similar to the Holtzoff Report. We can also anticipate that private parties will attempt to capitalize on this new reservoir of "legislative" history as well, through discovery and perhaps the Freedom of Information Act. In light of the Government's reliance on the Holtzoff Report, presumably it will not assert that this kind of material is privileged when private parties are in search of "legislative" intent. Finally, the language in some bills is initially drafted by private lobbyists. One doubts that the majority would find "significant" the intention of such a draftsman when that intention was not shared with the Congress. "Government, as a defendant, can exert an unctuous persuasiveness because it can clothe official carelessness with a public interest. Hence, one of the unanticipated consequences of the Tort Claims Act has been to throw the weight of government influence on the side of lax standards of care in the negligence cases which it defends." Dalehite v. United States, 346 U. S. 15, 346 U. S. 50 (1953) (Jackson, J., dissenting). Cf. Feres v. United States, 340 U. S. 135, 340 U. S. 139 (1950) ("This Act, however, should be construed to fit, so far as will comport with its words, into the entire statutory system of remedies against the Government to make a workable, consistent and equitable whole. The Tort Claims Act was not an isolated and spontaneous flash of congressional generosity. It marks the culmination of a long effort to mitigate unjust consequences of sovereign immunity from suit"). The majority largely relies on the legislative history of bills which were never enacted into law. All legislation has it germinal period, but the intentions of the proponents of previous legislation which was never enacted are, at most, a secondary aid to construing the intent of those that enacted a descendant of it. The earlier legislation may have failed to be enacted for a variety of reasons, of course, but one reason for failure is that the reasons offered by the proponents were unconvincing to the majority of the Congress. The same proposal may be justified on different rationales, however, and it is the rationale of the Congress which enacts a measure which defines congressional purpose and intent. In the context of the Federal Tort Claims Act, we have recognized the extremely limited utility, and sometimes misleading nature, of reliance upon the legislative history of the plethora of earlier tort claims bills which failed to command a consensus, acknowledging that the measure ultimately enacted was presented to the Congress in a "new aspect" when it become Part IV of the proposed Legislative Reorganization Act. United State v. Yellow Cab Co., 340 U. S. 543, 340 U. S. 550-552, and n. 8 (1951). See, e.g., S.Rep. No. 1400, 79th Cong., 2d Sess., 29-31 (1946); see also Dalehite v. United States, 346 U.S. at 346 U. S. 24-25; United States v. Yellow Cab Co., 340 U.S. at 340 U. S. 548-550 (The Federal Tort Claims Act "merely substitutes the District Courts for Congress as the agency to determine the validity and amount of [tort] claims." Id. at 340 U. S. 549); Feres v. United States, supra, at 340 U. S. 140. The Tort Claims Act was one part of the Legislative Reorganization Act of 1946. The Legislative Reorganization Act was the product of a year of work by the Joint Committee on the Organization of Congress. E.g., S.Rep. No. 1400, supra, at 1. The Joint Committee, however, was not empowered to report legislation. See H.Con.Res. 18, 79th Cong., 1st Sess. (1945). The bill embodying its work, S. 2177, 79th Cong., 2d Sess., sponsored by Senator La Follette (the Chairman of the Joint Committee) was referred to a Special Committee on the Organization of the Congress in the Senate, chaired by Senator La Follette, created for the purpose of reporting the bill. See S.Res. 260, 79th Cong., 2d Sess. (1946). In the House, the Committee on Rules simply reported a rule permitting floor consideration of S. 2177, as passed in the Senate, and a substitute proposed by Representative Monroney (the Vice Chairman of the Joint Committee). See H.Res. 717, 79th Cong., 2d Sess. (1946).

2019-04-23T06:09:59Z

https://supreme.justia.com/cases/federal/us/465/848/

ahcancalED is celebrating its first anniversary on October 4th and there is a lot to celebrate! Over the past year, more than 2,800 of our members have registered and used the educational materials. Currently, it boasts over 240 unique products including a valuable series on Five Star, another that helps you understand QAPI and two guides on the 2017 Silver and Bronze Quality Award Program. Unlike many of the eLearning sites that provide educational resources, ahcancalED is FREE to members, utilizes the talent of members and subject matter experts in the creation of resources. It prides itself on creating “just in time” resources that address changes and issues in the industry. Within the sharED category, members have offered tools and resources they use every day to improve quality in their centers. Just last week, the ahcancalED team committed a new space to the Requirements of Participation. 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If you have yet to join the over 2,800 members using ahcancalED, take a minute and learn something new! We recommend Patrick Kelly’s submission- Four Ways You Can Accidently Disclose Protected Healthcare Information! It provides a fun and simple look at ways that phones and social media can be a potential risk. Track Your NCAL Quality Initiative Goals in LTC Trend Tracker! A new dashboard and four new measures for assisted living in LTC Trend Tracker will be launched this fall. Assisted Living members will be able to track their progress on the four Quality Initiative goals: safely reducing hospital readmissions, improving customer satisfaction, improving staff stability, and safely reducing off-label use of antipsychotics. Additional measures to be added include hospital admissions and occupancy rate. The new dashboard will allow members to customize which measures they see on the dashboard and their community or organization goal for each measure. Assisted living members will be able to customize their reports based on which measures they want to include and the timeframe for the measures. Sign-up for LTC Trend Tracker today! Congressional leadership last night announced an agreement to fund the government through the November election. The plan goes with just days to spare as fiscal year deadline looms at the end of the month. The tentative deal on a continuing resolution would fund the government until December 9, setting up this Congress to once again come to a spending agreement before a new Congress takes charge next year. Negotiations between House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell and House Minority Leader Nancy Pelosi led to an agreement to tack on an amendment to the Water Resources Development Act authorizing $170 million in aid for the Flint water crisis. Funding for the on-going water safety crisis in Michigan has been a top priority for Pelosi and Democrats, one which they said was a key component of any deal to fund the government. The House is expected to pass the water bill as soon as today. Much remains in the air, including ultimate passage of the Flint funding as well as Democratic requests for more Zika funding and how spending is offset, though both sides maintain they are resolute in funding the government before the deadline. "We're not shutting the government down," Pelosi told reporters Tuesday afternoon. An adjournment resolution in the amendment schedules Congress to leave a day earlier than the original calendar, finishing up the last legislative business on Thursday before returning to their districts until after the election. Congress will resume session on November 11, after the election has taken place but before new Members of Congress are sworn in, for a so-called “lame duck” session. What do the Quality Award Survey Requirements Mean? 2- Applicants will receive regular emails from Quality Award staff with deadline reminders, tips on applying for the award, and links to exclusive educational webinars. As potential applicants decide whether or not to submit an Intent to Apply by the November 17th deadline, one of the first questions they ask is whether they meet the Quality Award Survey requirements. This year, there are a revised set of survey eligibility requirements at each application level that applicants will have to meet. Applicants are encouraged to review all the specific survey eligibility requirements in the respective application packets in detail. Below are some answers to the most common questions that we receive on the survey eligibility requirements. 1- Can I still apply if the center does not meet the survey eligibility requirements? a. Yes, centers can apply and receive a feedback report even if they do not meet the survey eligibility requirement. They will simply be ineligible to receive the award. 2- Can the center recertify if it does not meet the survey eligibility requirements? a. If a center submits an application meeting the minimum requirements and fails survey eligibility they will still be able to recertify. 3- How do I calculate the cycle 1 and 2 weighted survey score for the Silver Quality Award and the 3 cycle weighted score for the Gold Quality Award? Quality Award staff has developed a resource for applicants to view their current survey eligibility based on the August 24, 2016 Nursing Home Compare release. This can be utilized by applicants to review their current survey eligibility; however, applicants are cautioned as this is preliminary and their survey eligibility will change based on what is available as of the application deadline (January 26, 2017) and award notification. As always, if you have any questions Quality Award staff can be reached at qualityaward@ahca.org. Update Your Professional Headshot in Nashville! The AHCA/NCAL 67th Annual Convention and Expo in Nashville is just around the corner and this year’s convention features a new activity for AHCA/NCAL members. Thanks to the generous support of PointClickCare®, the AHCA/NCAL Long Term Care Career Center, is hosting a Headshot Lounge for AHCA/NCAL member attendees. The Headshot Lounge will be open on Monday and Tuesday from 8 a.m. to 4 p.m. in room Jackson F. AHCA/NCAL members are encouraged to drop by the Headshot Lounge to get a free professional headshot. The Long Term Care Career Center’s Headshot Lounge will be a great opportunity to network and get a new personal photo emailed to you to use for your professional needs. The Long Term Care Career Center is AHCA/NCAL’s electronic job board dedicated to helping Members find and recruit top LTC professionals. Rates for posting job vacancies are affordable and give prospective employers far greater exposure than local ads and job boards by connecting to a network of more than 330 health care organizations and societies. Employers are also able to post vacancies as they occur and search resumes on the network. Of course, the LTC Career Center is always free for job seekers. And, job seekers are using the site! Job postings on the AHCA/NCAL Long Term Care Career Center, average more than 1,600 views a month. Now is the perfect time to give the Long Term Care Career Center a try because new users receive 25% off their first posting. Simply enter promo code New25off to receive this special discounted price. Employers who utilize the site also receive superior exposure through rotating job listings on AHCA’s home page – the web site where long term care professionals go for news and information. In addition, employers who post vacancies through the center receive bonus rotating listings on the Long Term Care Career Center home page. Be sure to stop by the Headshot Lounge in Nashville. We look forward to seeing you there. The National Center for Assisted Living (NCAL) has named Patricia (Pat) Giorgio, the president of Evergreen Estates, the 2016 recipient of the Jan Thayer Pioneer Award. With nearly 25 years of experience owning and operating assisted living communities, Giorgio has served in many leadership positions and championed quality improvement through myriad projects and efforts. NCAL created the Jan Thayer Pioneer Award in 2015 to recognize individuals who have moved the senior care profession forward, positively affecting the lives of those served and those who serve. Recipients must demonstrate dedication, leadership, and considerable contributions to the senior care profession. The award is posthumously named after the first Board Chair of NCAL and assisted living owner and operator Jan Thayer. Additionally, her expertise on assisted living trends, performance measures, bereavement, hospice and LGBT issues has made her a sought after speaker across the country. Giorgio also collaborated with the University of North Carolina and the Center for Excellence in Assisted Living on two community-based participatory research projects. The first was measuring medication errors in assisted living, and the second was developing a toolkit for person-centeredness in assisted living. Ms. Giorgio will be presented the Pioneer Award during a formal ceremony at the 67th Annual AHCA/NCAL Convention & Expo in Nashville, Tenn. this October. Twenty-one states' attorneys general, the U.S. Chamber of Commerce, and more than 50 other national and Texas business groups filed a legal challenge on Tuesday, September 20th to the federal overtime rule set to take effect on December 1st. The new regulations revise the overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar” exemptions. The group is arguing that the Department of Labor (DOL) exceeded its statutory authority in issuing the regulation and violated the Administrative Procedure Act, and holds that the rule will result in increased employment costs that could further impact services and workplace flexibility. The Chamber lawsuit also states that the rule departs from the intent of the Fair Labor Standards Act, that the salary threshold set by the rule is “excessively high,” and that it ignores regional and industry differences. The complaint argues that the salary threshold cannot be updated without a rulemaking process or further input from affected parties. The lawsuit was filed in the U.S. District Court for the Eastern District of Texas. The full text of the final rule can be found here. For more information, including a memo from ACHA/NCAL’s legal consultant Jackson Lewis and other Department of Labor resources, see the AHCA/NCAL website under Workforce. Members will need their login information to access the memo and other resources. New research conducted by AHCA/NCAL found that nursing facilities with at least one RN certified in gerontological nursing by the American Nurses Credentialing Center (ANCC) are more likely to receive a higher star rating on the CMS Quality measure. The research found that 45 percent of nursing facilities received a 5-Star quality rating as compared to 33 percent nationwide. In addition, AHCA/NCAL research found that nursing facilities with at least one ANCC board certified nurse were twice as likely to receive an overall 5-Star rating from CMS and far less likely to receive an overall 1-Star rating. AHCA/NCAL Gero Nurse Prep is on sale now and each RN registrant can save $100 off his/her Gero Nurse Prep by entering promo code STARS2016 (all caps) at checkout. That means RNs who are interested can become board certified for less than $1,000 ($590 sale price for AHCA/NCAL Gero Nurse Prep and a separate $395 to take the ANCC exam). AHCA/NCAL members seeking to increase their star ratings from CMS are encouraged to examine ANCC certification for their RN leaders. Watch this video to learn more about AHCA/NCAL Gero Nurse Prep or click on the course preview to get a quick view of this engaging on-line curriculum designed to help RNs pass the ANCC exam. Reach for the stars and check out AHCA/NCAL Gero Nurse Prep today. Remember to enter promo code STARS2016 and save $100 off the registration fee. The sale ends November 30. The Long-Term Care Statistics Branch at the National Center for Health Statistics (NCHS) released new products from the 2014 wave of the National Study of Long-Term Care Providers (NSLTCP). The new products include the Long-Term Care Providers and Services Users in the United States—State Estimates Supplement: National Study of Long-Term Care Providers, 2013–2014, which includes data on all five long term care sectors (residential care community which includes assisted living, nursing home, home health, adult day services center, and hospice). The report covers various characteristics including organization, staffing, services provided, practices such as screenings, and special care (e.g. dementia care). NCHS published information on the use of electronic health records and health information exchange among residential care communities and adult day services centers. Two new QuickStats were published using 2014 NSTLCP data, these new charts compare staffing hours across sectors and one comparing selected services provided across residential care communities and adult day services centers. LTC Trend Tracker has a new publication that will be sent directly to your email inbox. This quarterly report will highlight your facility’s progress on Five Star performance, the quality initiative, and help you understand your survey rating and score breakdown. Check out the new user-friendly design and easy snapshot of data. The figures and colorful graphics are designed to help improve patient care with tailored tools that will allow your organization to easily monitor hospital readmission rates, staffing, patient dosage, length of stay, spending, and more. Also, check your competitive standing among other healthcare facilities with instant feedback on your organization’s performance compared to your area. Join the webinar next Wednesday, October 5th at 2:00 PM Eastern Time to get a sneak preview on what Your Top Line will look like next month. Current, registered users of LTCTT will receive this quarterly report automatically. You won’t even need to log in. It will be sent directly to the registered user’s inbox. Are you registered for this web-based tool that is an exclusive benefit to AHCA/NCAL members? Get your account setup now and you won’t miss out on these easy to view performance targets and results. Please email help@ltctrendtracker.com to get started today. PBJ Requires Hours Worked and Paid! The deadline for nursing centers to gather and submit Payroll-Based Journal (PBJ) data for the first mandatory quarter is November 14, 2016. As you get ready, it’s important to remember that the system requires the reporting of hours per day and per employee that are worked. It’s also important to keep in mind that the employee must be paid for all of the hours reported. 1) Are facilities required to report hours paid or hours worked? 2) I know that only the hours paid for a salaried employee shall be submitted. Can you clarify if I can submit the hours for an extra shift that my salaried employee works, if I pay them a bonus for these additional hours? The hours may be reported under the following conditions: The payment must be directly correlated to the hours worked and must be distinguishable from other payments. (e.g., cannot be a performance-based or holiday bonus). Additionally, the bonus payment must be reasonable compensation for the services provided. 3) When considering reporting, realize that you can report fractions of time as follows. As always, consult the PBJ Policy Manual, FAQs, etc., for more information. Questions can always be sent to staffdatacollection@ahca.org. The Centers for Medicare and Medicaid Services (CMS) has released a Volume 2 QAPI Brief which focuses on adverse events. It includes a list of potentially preventable adverse events and a medication related adverse events case study. The last Quality Assurance and Performance Improvement (QAPI) brief was issued in 2013. The next QAPI brief is expected to be on care and infection related adverse events. Reducing Unintended Health Care Outcomes is one of the goals of the AHCA Quality Initiative. Visit the AHCA Quality Initiative site to learn more and to review available resources. NCAL’s Risk Management Work Group prepared a new resource for members to provide key considerations for assisted living communities when residents and their families hire private caregivers to provide supplemental services and support. The tool kit also includes links to sample documents, including a sample Private Caregiver Agreement and several state requirements for these caregivers. Personal caregivers (PCGs) - also called private duty personnel or private sitters - hired by assisted living resident’s family can be important partners providing companionship and for the resident’s plan of care. However, PCGs are not community employees, nor can or should they be supervised by the community management; consequently, communities must consider management and liability issues. The article covers topics such as the types of policies and procedures that AL communities should have in place, training, and managing expectations. Last Chance to Register for NCAL Day! Do not miss the opportunity to attend the 10th anniversary of NCAL Day. Advance registration for the event ends today. NCAL Day has traditionally been a must-attend event for assisted living providers and the 2016 event is sure to exceed expectations. Keynote speakers Dr. Manny Alvarez, Senior Managing Health Editor for Fox News and Jim Carroll, a futurist, trends and innovation expert, will share their thoughts and insider information on future trends and workforce challenges in the profession. Learn more about each NCAL Day education session below, and then register for Convention, making sure you add your ticket to NCAL Day as part of your package. Adding NCAL Day to your full meeting package only costs $195. For those only attending NCAL Day, members can purchase a ticket for $495, non-members for $645. This session will include an overview of the ASPE Compendium, which is a comprehensive review of assisted living regulations in each state including trends and changes. An overview of emerging trends including new payment models, the importance of data in working with other providers, and other changes in the industry. Measurement and quality improvement has lagged in assisted living. To address this shortcoming, an environmental scan was conducted to identify and evaluate evidence-based tools (measures and instruments) for quality improvement in assisted living and other health and long term care settings, with a priority focus on five domains: person-centered care, medication management, resident/patient quality outcomes, care coordination/transitions, and workforce. · Steve Schwartz, CEO, Wave Sensor, Inc. As assisted living and senior care continue to change and evolve, so do the needs surrounding technology both for providers and residents. During this session, attendees will hear from three leading companies in the technology space on what innovations and changes are on the horizon for assisted living and how providers can ensure their operations keep up with the demand and need to be cutting edge. There is a growing need to make more assisted living available as the country braces for the unprecedented number of seniors that will require housing with services in the next 15 years. This session will provide a blueprint for how develop and operate assisted living for all income levels, but especially those seniors with low to moderate incomes. On September 6, AHCA/NCAL and over 50 national organizations sent a letter of support to the House Committee on Education & the Workforce on the Recognize, Assist, Include, Support, and Engage (RAISE) Family Caregivers Act (S. 1719/H.R. 3099). Introduced by Senator Susan Collins (R-ME), Senator Tammy Baldwin (D-WI), Representative Gregg Harper (R-MS-3), and Representative Kathy Castor (D-FL-14), this legislation would implement the federal Commission on Long-Term Care’s bipartisan recommendation that Congress require the development of a national strategy to support family caregivers. The bill would create an advisory body to bring together relevant federal agencies and others from the private and public sectors to advise and make recommendations. The strategy would identify specific actions that government, communities, providers, employers, and others can take to recognize and support family caregivers and be updated annually. Last December, the full U.S. Senate considered and passed this legislation. It now awaits House consideration. The letter urges the Committee to make this bill a priority, and to take prompt action on it this month. The “Future Leaders” conference starts today and over 30 new AHCA/NCAL advocates are in Washington D.C. to receive leadership training, learn about current skilled nursing legislative issues, and ultimately lobby their members of Congress at a critical time for post-acute care (PAC). The 35 advocates, all representing different states, will travel to Capitol Hill Thursday just as lawmakers are nearing the final negotiation on legislation that would fund the government past the end of the month. The continuing resolution to appropriate funding is the last piece of must-pass legislation on which members of Congress must act before they return to their home states to hit the campaign trail one last time. The fly-in comes at a critical time, as the Way & Means Committee is considering changes to the way in which post-acute care providers receive Medicare payments. The Medicare Post-Acute Care Value-Based Purchasing Act of 2015 (H.R. 3298), sponsored by the Committee Chairman, Rep. Kevin Brady, seeks to reward PAC providers based on performance and cost savings and move away from the current volume-centric system. AHCA/NCAL and several other PAC providers have denounced the legislation in its current form and have instead proposed a list of changes that need to be made to the bill in order for it to garner support. The changes focus on ensuring that providers are not receiving, on whole, a cut to Medicare rates and ensuring quality, not cost savings, is kept as the primary objective of the new program. The “Future Leader” advocates will speak to their members of Congress about these changes and urge them and their colleagues to take into account the concerns of AHCA/NCAL and the PAC community as this bill moves forward. Advocates will also urge lawmakers to support The Improving Access to Medicare Coverage Act of 2015 (S. 843/H.R. 1571), which removes the observation days barrier to patients seeking to receive a skilled care Medicare benefit after staying three days in a hospital. The Government Accountability Office (GAO) released a report on long-term care workforce, examining the available federal and state data about direct care workforce and actions the Health Resources and Services Administration (HRSA) has taken to overcome data limitations. The National Center for Health Workforce Analysis, part of HRSA, is responsible for conducting projections of the supply and demand for the U.S. health workforce. HRSA reports the agency has not been able to develop projections of the supply of direct care workers due to the insufficient data. These projections are vital to enabling policymakers and stakeholders to address workforce challenges through policies and planning. The GAO had two recommendations in the report: 1) that HRSA work on producing projections of direct care workforce supply and demand and 2) that HRSA address the data limitations in order to produce the projections. The Department of Health and Human Services (HHS) concurred with both recommendations. HRSA is currently developing demand projections for certain direct care workforce occupations. The US Department of Health, Office of Inspector General (OIG) has released a report, Medicaid Fraud Control Units FY 2015 Annual Report, that reports that Medicaid Fraud Control Units (MFCUs) reported 1,553 convictions. Seventy-one percent of these convictions involved fraud and 29 percent involved instances of abuse or neglect. For the same time period, units reported 731 civil settlements and judgments and $744 million in criminal and civil recoveries. Nearly 1/3 of those convictions involved personal care services attendants or other home care aides. Eleven percent of those convictions were of nurse aides. Another 11 percent of those convictions were of licensed nurses, physician assistants or nurse practitioners. Drug diversion cases accounted for 8 percent of those convictions. Convictions over the past 5 years have increased, while the number of civil settlements and amount of recoveries have decreased. Overall, recoveries from assisted living facilities was $125,813 for criminal allegations; and recoveries from nursing care centers was $1,682,058 for criminal allegations and $2,835,186 for civil allegations. The US Department of Health and Human Services, Office of Inspector General (OIG) has released its updated List of Excluded Individuals and Entities (LEIE) database file, which reflects all OIG exclusions and reinstatement actions up to, and including, those taken in August 2016. This new file is meant to replace the updated LEIE database file available for download last month. Individuals and entities that have been reinstated to the federal health care programs are not included in this file. The updated files are posted on OIG’s website at http://www.oig.hhs.gov/exclusions/exclusions_list.asp, and healthcare providers have an “affirmative duty” to check to ensure that excluded individuals are not working in their facilities or face significant fines. Instructional videos explaining how to use the online database and the downloadable files are available at http://oig.hhs.gov/exclusions/download.asp. Given the penalties and recent government warnings, long term care providers should check the LEIE on a regular basis. AHCA/NCAL is once again a sponsor for the upcoming American Health Lawyers Association (AHLA) Long Term Care and the Law in San Diego, CA, in February 22-24, 2017. This program promises to be an exciting and informative meeting where some of the leading in-house and outside lawyers for the long term care industry will be presenting on legal, compliance, and operational issues faced by providers. AHLA offers CLE, CPE, NHA, and CCB credits for this program. AHCA and NCAL members also receive the AHLA member discounted rate of $625 – don’t miss this excellent educational opportunity. A new survey from Kaiser Family Foundation (Kaiser) finds that more workers are opting for high deductible health plans (HDHPs) with 29 percent of workers electing such plans in 2016 as compared to 20 percent in 2014. High deductible plans are compatible with Health Savings Accounts (HSAs) or are tied to Health Reimbursement Arrangements (HRAs) and feature lower average health insurance premiums than other plan types. Kaiser’s survey also found that annual family premiums rose an average three percent this year to $18,142. The modest increase is due in part to the growing popularity of HDHPs, according to Kaiser. In 2016, 29 percent of all workers were in such plans, up from 20 percent in 2014. In addition, the survey also revealed that the share of workers enrolled in Preferred Provider Organization (PPO) plans decreased to 48 percent in 2016 as compared to 58 percent in 2014. PPO plans typically have higher than average premiums. AHCA/NCAL members are saving money on their employee health benefit programs through AHCA/NCAL Insurance Solutions. One independent owner in Florida recently saved more than $1,000 annually per employee. To explore your health plan options (including HDHP and PPO plans) available through AHCA/NCAL Insurance Solutions, contact Dave Kyllo at 202-898-6312 or Nick Cianci at (202-898-2841) or email us at ahcainsurancesolutions@ahca.org. On September 13th, the National Academies of Science, Engineering and Medicine released a report on family caregiving entitled, Families Caring for an Aging America. According to the National Academies of Sciences, Engineering, and Medicine, “ At least 17.7 million individuals in the United States are providing care and support to an older parent, spouse, friend, or neighbor who needs help because of a limitation in their physical, mental, or cognitive functioning. The circumstances of individual caregivers are extremely varied. They may live with, nearby, or far away from the person receiving care. The care they provide may be episodic, daily, occasional, or of short or long duration. The caregiver may help with household tasks or self-care activities, such as getting in and out of bed, bathing, dressing, eating, or toileting, or may provide complex medical care tasks, such as managing medications and giving injections. The older adult may have dementia and require a caregiver’s constant supervision. Or, the caregiver may be responsible for all of these activities. With support from 15 sponsors, the National Academies of Sciences, Engineering, and Medicine convened an expert committee to examine what is known about the nation’s family caregivers of older adults and to recommend policies to address their needs and help to minimize the barriers they encounter in acting on behalf of an older adult. The resulting report, Families Caring for an Aging America, provides an overview of the prevalence and nature of family caregiving of older adults as well as its personal impact on caregivers’ health, economic security, and overall well-being. The report also examines the available evidence on the effectiveness of programs and interventions designed to support family caregivers. It concludes with recommendations for developing a national strategy to effectively engage and support them.” The full report can be found here. New research conducted by AHCA/NCAL found that the off-label antipsychotic use in nursing facilities with at least one RN certified in gerontological nursing by the American Nurses Credentialing Center (ANCC) were an average three to four percent lower than the national average in each quarter calendar years 2012 through 2015. Reducing off-label antipsychotic use is one of the goals in the AHCA/NCAL Quality Initiative. Mr. Ciolek will be one of a few panelists speaking on the guidelines, and he will be providing the skilled nursing center perspective. If you are interested in attending this briefing, you can RSVP by October 3 to Cindy Salinas at cindy.salinas@heart.org. Recently the Centers for Medicare and Medicaid Services (CMS) revised an educational tool titled: Quick Reference Chart: Descriptors of G-codes and Modifiers for Therapy Functional Reporting. The Middle Class Tax Relief and Jobs Creation Act (MCTRJCA) of 2012 amended the Social Security Act to require a claims-based data collection system for Medicare Part B outpatient therapy services, including physical therapy (PT), occupational therapy (OT), and speech-language pathology (SLP) services. The system collects data on beneficiary function during the course of therapy services to better understand beneficiary conditions, outcomes, and expenditures. Beneficiary function information is reported using 42 nonpayable functional G-codes and seven severity/complexity modifiers on Part B therapy claims for PT, OT, and SLP services. SNF billers and therapists are encouraged to review the revised reference chart. The Centers for Medicare and Medicaid Services (CMS) Supplemental Medical Review Contractor (SMRC) has recently announced that they have initiated a special medical review study of SNF Medicare Part A Therapy Services. Per the SMRC website, Project Y4P0432 – Skilled Nursing Facility (SNF) Therapy Services (08/11/16) was requested by CMS based upon the findings of a recent Office of Inspector General (OIG) report entitled Skilled Nursing Facility Billing for Changes in Therapy: Improvements are Needed, OEI-02-13-00611. In this study, the OIG evaluated how SNFs utilized three new Minimum Data Set (MDS) patient assessments that were implemented in FY 2011 and 2012 to better reflect the amount of therapy provided. The new assessments better capture when beneficiaries start therapy, end therapy, and decrease or increase therapy significantly enough to impact the Resource Utilization Group (RUG) payment case mix. In the report, published June 2015, the OIG suggested that some SNFs may be using the new assessments incorrectly, which could result in improper payments. Per the SMRC website, as directed by CMS, Strategic Health Solutions will conduct post payment medical review of the SNF Therapy services. The details of how many SNF providers will be reviewed was not provided. However, the SMRC did provide a link to an example Additional Documentation Letter for this study. Want to enhance organizational success? Want to prepare for the regulatory future? Want to have superior performance outcome? If you answered YES to any or all of the above be sure to submit your Intent to Apply (ITA) for a 2017 Quality Award by 8 pm EST November 17, 2016! The overall application fee is reduced up to $700—a $200 savings for Bronze applicants, a $400 savings for Silver; and $700 savings for Gold. Weekly tips on writing a successful application from Quality Award staff after the Intent to Apply deadline till the application deadline. Applicants may apply for three progressive levels of awards: Bronze, Silver, or Gold, each of which requires a more detailed and comprehensive demonstration of systematic quality. Centers must receive an award at each level to progress to the next level. The AHCA/NCAL National Quality Award Program recognizes long term and post-acute care providers across the nation that strive for improved quality care. The program sets high standards for quality based on the Baldrige Performance Excellence criteria and encourages organizations to commit, achieve, and excel in quality performance. As always, feel free to reach out to Quality Award staff at qualityaward@ahca.org. New research conducted by AHCA/NCAL found that the rehospitalization rates in nursing facilities with at least one RN certified in gerontological nursing by the American Nurses Credentialing Center (ANCC) consistently have run at least two percentage points lower than the national average since 2011. Given the similarities of many aspects of geriatric nursing, it is likely that assisted living communities would also see a correlation between having a ANCC Board Certified RNs and reduced rehospitalization rates in their communities. Lower rehospitalization rates are critical to being competitive in today’s health care marketplace that focuses heavily on value based purchasing and financially penalizes acute care settings with high rehospitalization rates. NCAL members are encouraged to check out AHCA/NCAL Gero Nurse Prep. Watch this video to learn more about AHCA/NCAL Gero Nurse Prep or click on the course preview to get a quick view of this engaging on-line curriculum designed to help RNs pass the ANCC exam. Join the LTC Trend Tracker Team for the Monthly Q&A Focused on Assisted Living! The LTC Trend Tracker team hosts monthly Q&A sessions. This is an opportunity to learn about changes coming to LTC Trend Tracker and ask any questions you may have about LTC Trend Tracker. For the September session the team will highlight the new assisted living measures coming to LTC Trend Tracker and other brand new features! The session will be on Thursday, September 15th 2pm - 3pm Eastern. Please register here prior to the webinar. Beginning last Sunday Sept. 11 and continuing through Saturday, Sept. 17, thousands of America’s assisted living communities and their staff, residents, families, volunteers, and local members of their community will celebrate National Assisted Living Week® (NALW). The national observance—which begins each year on Grandparent’s Day—honors the individuals served, as well as the individuals who serve, in assisted living and residential care communities across the nation with special activities and events. Sponsored by the National Center for Assisted Living (NCAL) since 1995, this year’s NALW theme this year is “Keep Connected.” The theme recognizes the increasing opportunity technology offers to enhance the care and overall experience in assisted living communities, as well as encouraging access to older adults interested in new technologies and the internet. “Keep Connected” also acknowledges the deep bonds staff and residents form, as caregivers nobly serve those living in assisted living communities. Assisted living caregivers and members of the public are encouraged to share their celebrations throughout the week on social media with the hashtag, #NALW. · In 2005, 2 percent of older adults used social media. In 2015, that percentage is 35 percent. · Older adults are among the least likely to have high-speed internet access. Just 31 percent have broadband at home. · The frequency of internet use among those who do have high-speed access is relatively close to the usage levels of younger users. · Among older adult internet users, 62 percent look for news online and 34 percent do so on a typical day. Nearly 90 percent send or read email and more than half exchange email messages on a typical day. · Currently, more than 835,200 individuals live in more than 30,200 assisted living or residential care communities across the United States. · The average assisted living community has 33 beds. · Assisted living companies and communities employ 416,300 individuals. · More than half (53 percent) of assisted living residents are 85 years old or older. · Nearly 40 percent of residents are living with some form of dementia, such as Alzheimer’s disease, and more than 20 percent of assisted living communities offer dementia care units or exclusively serve adults with dementia. · A little more than 15 percent of residents rely on Medicaid for their daily care, and 47 percent of assisted living communities are Medicaid certified. Sources: Centers for Disease Control and Prevention Services, National Center for Health Statistics and the Bureau of Labor Statistics. For more information on National Assisted Living Week, please visit www.nalw.org. The National Academies of Science, Engineering and Medicine released a report recommending that Medicare and Medicaid reform should engage caregivers in delivery processes. The study reviewed the prevalence of family caregiving for older adults and examined the evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. The committee also recommended that state governments address the health, economic and social challenges of caregiving for older adults. The National Center for Assisted Living (NCAL) is applauding an effort by the co-chairs of the U.S. Senate Special Committee on Aging, Senators Susan Collins (R-ME) and Claire McCaskill (D-MO), to ensure access to assisted living communities for individuals who rely on Medicaid to cover their long term care services. The senators sent a letter to the Centers for Medicare and Medicaid Services, urging the agency to provide additional guidance regarding the implementation of a final rule defining home and community-based settings (HCBS) through the Medicaid waiver program. NCAL and its member assisted living providers collaborated with CMS and commented on the proposed rule before it was finalized in early 2014. Now, as state Medicaid programs prepare for implementation in 2019, NCAL and its state affiliates remain concerned that certain assisted living communities may be excluded from participating in the waiver program. With many assisted living residents unable to live on their own, this would only drive assisted living residents to more institutional settings, contrary to the intent of the HCBS rule. As a member of the Center for Excellence in Assisted Living, the association is working with the coalition to educate CMS about the needs and demands of assisted living residents. For more information about the HCBS final rule, please visit www.medicaid.gov/hcbs. The House Ways and Means Subcommittee on health held a hearing last week focusing on how the post-acute space could move more toward value-based payments (VBP). The hearing was held ahead of the introduction of changes to a bill from Ways and Means Chairman Kevin Brady (R-Texas) that seeks to create one value-based system for all post-acute payments. The bill proposes that five percent of Medicare payments to post-acute provided be withheld and redistributed based on a set of cost-savings and geographic criteria with a functional measure phased in after two years. The American Health Care Association is supportive of the move toward more value-based systems but is not supportive of the particular criteria laid out in this bill. AHCA hopes to work with the committee and Chairman Brady in order to make productive changes to the legislation. AHCA believes that any value-based system should take no more than two percent from providers, the rate set in both the current skilled nursing and hospital VBP systems. Skilled nursing facilities just began a value-based payment program tailored specifically for the setting based on rehospitalization measures. The program was passed as part of the Protecting Access to Medicare Act of 2014. On September 6, AHCA/NCAL submitted an 11 page comments document to the Centers for Medicare and Medicaid Services (CMS) in response to a proposed rule titled Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Pricing Data Release; Medicare Advantage and Part D Medical Low Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model, July 15, 2016. The AHCA/NCAL comments focused on 6 specific subject areas within the proposed rule. CMS is proposing to replace the existing physical therapy (PT) and occupational therapy (OT) evaluation and re-evaluation codes with new and expanded evaluation Current Procedural Terminology (CPT-4) codes developed and adopted by the American Medical Association (AMA). The new codes would be effective January 1, 2017. AHCA supports the adoption of the new codes. While the new PT and OT initial evaluation codes would reflect three tiers of complexity, CMS is rejecting a recommendation to introduce tiered pricing, and proposes to pay one fixed price for initial PT and OT evaluations regardless of the complexity of the evaluation as reflected by the new codes. AHCA recommended that CMS reconsider their proposal and that PT and OT evaluation prices should be tiered to reflect the complexity of that service. AHCA also recommended that CMS work with stakeholders to provide adequate education before the new codes are implemented in 2017. CMS listed 10 CPT codes commonly used to bill for Part B therapy services that are subject to a statutory pricing review and solicited comments on how they should be revalued, if necessary. No specific code value changes were proposed at this time. AHCA commented that it supports efforts at determining proper payment rates, but noted that the historical process to develop values for therapy-related codes has not been transparent, and has requested more transparency. CMS noted that several procedure codes commonly used for Part B PT, OT, and speech-language pathology (SLP) services were requested to be included in the list of allowed telehealth services, but they rejected the request citing that the Medicare statute does not list PT, OT, and SLP professionals as individuals that can furnish telehealth services under Medicare. AHCA noted that several states permit PT, OT, and SLP services via telehealth and requested that CMS use its authority under the Center for Medicare and Medicaid Innovation to conduct a demonstration of telehealth therapy services in states that permit this service delivery method. AHCA also recommended that CMS eliminate or soften the current SNF telehealth frequency limitations that prevent a patient’s admitting physician from furnishing telehealth services more than once per month. CMS is proposing two policies that aim to protect beneficiaries in Track 3 MSSP ACO programs in rare cases where they were admitted to a SNF with fewer than three qualifying hospital days when they were not eligible for the 3-day waiver. In the first scenario, the beneficiary became ineligible for the waiver, but the ACO was not informed by CMS due to a government time lag. In this scenario, CMS proposes that neither the beneficiary, the ACO, or the SNF would be financially liable. AHCA supports the adoption of this proposal. In the second scenario, the ACO has the information to be aware that the beneficiary is not eligible for the 3-day stay waiver, but proceeds to transfer the patient to a SNF early by improperly applying the 3-day waiver. In this scenario, CMS proposes to waive the beneficiary liability, but would hold the ACO and the SNF financially liable for the SNF services that did not meet the hospital 3-day stay requirement. AHCA supports the beneficiary protections portion of this proposal, but opposes the proposal to hold the SNF financially liable because of information received in good faith from an ACO referring hospital, but which the SNF cannot independently verify. Under the proposed rule, CMS would release on an annual basis Medicare Advantage (MA) and Part D data that has historically considered to be proprietary and confidential. AHCA supports the proposal but encouraged CMS to publish more current data than is proposed. Under the proposed rule CMS would require providers and suppliers that contract with MA organizations (including first-tier, downstream, and related entities (FDR)) to also be enrolled as approved Medicare providers and suppliers through the Provider Enrollment, Chain, and Ownership System (PECOS) as is currently required for Medicare fee-for-service (FFS) payment. While AHCA supports the intent of the proposed requirement, there is some concern that the proposed language is unclear and could become overly burdensome to SNFs if misinterpreted. AHCA seeks clarification from CMS that employees or contracted service professionals or agencies of providers of service, including SNF, do not meet the definition of first-tier, downstream, and related entities (FDR) as described in the proposed rule. If you have questions regarding the AHCA/NCAL comments please contact Daniel E. Ciolek, Associate Vice President, Therapy Advocacy at dciolek@ahca.org. On September 2, AHCA/NCAL submitted a 33 page comments document to the Centers for Medicare and Medicaid Services (CMS) contractor, the RAND Corporation, in response to a request for comments pertaining to a Data Element Specifications for Public Comment document prepared under the CMS Development and Maintenance of Post-Acute Care Cross-Setting Standardized Assessment Data project. The Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act of 2014) requires that the Secretary of the Department of Health and Human Services implement submission of standardized data from post-acute care (PAC) providers using the assessment instruments that CMS currently requires for use by home health agencies (HHAs), inpatient rehabilitation facilities (IRFs), long-term acute care hospitals (LTCH), and skilled nursing facilities (SNFs). It requires the submission of standardized data on specified assessment domains and specified quality measurement domains. It specifies that the “data be standardized and interoperable so as to allow for the exchange of such data among such post-acute care providers and other providers and the use by such providers of such data that has been exchanged, including by using common standards and definitions in order to provide access to longitudinal information for such providers to facilitate coordinated care and improved Medicare beneficiary outcomes….” In the SNF, the Minimum Data Set (MDS.3.0) is the patient assessment instrument where these cross-setting data elements would be located. It is to be determined whether these elements would replace, or be added-to the existing MDS 3.0 data elements. 4) an array of 12 specific Special Services, Treatments, and Interventions. The AHCA/NCAL comments emphasized support for the objectives of the IMPACT Act, but that more work was needed on the development of the proposed standardized cross-setting data elements. Recommendations were offered to address general concerns that changes to existing MDS item definitions and/or reference lookback windows may 1) impact existing SNF Medicare and Medicaid case-mix payment models and quality measures, and 2) create significant additional SNF provider burden. The AHCA/NCAL comments related to the individual data elements were intended as stand-alone item-specific comments and were generally structured as follows: 1) summary of the proposed data element, 2) AHCA/NCAL’s position on the cross-setting importance of the data element domain, 2) components of the proposed data element that AHCA/NCAL supports, 3) AHCA/NCAL’s impression of the impact of the proposed data element on SNF MDS 3.0 reporting, 4) AHCA/NCAL’s recommendation for next steps for the proposed data element before we can support it, and 5) AHCA/NCAL’s rationale for the recommended next steps. Are you a 2016 Bronze Quality Award recipient? Or a previous Bronze Quality Award recipient? Are you looking to continue on your Quality Award journey but not sure how to get started? Look no further than the 2017 Silver Criteria Series. This ten-part webinar series is designed to help Silver applicants understand the criteria and apply it to their organization. The series includes an introduction of the program, explanation of the Silver evaluation process, followed by eight webinars covering each section of the Silver Criteria; from the Organizational Profile to Categories 1-7. Each webinar provides an explanation of the criteria and questions to help applicants consider how to respond for their unique organization. Before beginning the application process and viewing the Silver Criteria Series, you should review the 2017 Silver Application Packet, containing the important program information and instructions, as well as the Silver criteria. As always, Quality Award staff is here to help you with your question, just email us at qualityaward@ahca.org. And be sure to remember these important deadlines! September is National Preparedness Month. On September 16th the final rule, Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers, will be posted in the Federal Register. This will impact our SNF and ID/DD members. It can currently be reviewed online. AHCA Staff are currently reviewing the rule and will provide a more detailed summary. It is encouraged that our members take this time to review their emergency preparedness policies and plans. Additionally, the AHCA/NCAL Emergency Preparedness Committee is working on three new resource guides that will be published on the AHCA/NCAL website later this Fall. The new resources will be a 101 Guide, table top exercises and resources for implementing the CMS Emergency Preparedness Checklist. Please visit our website at https://www.ahcancal.org/facility_operations/disaster_planning/Pages/default.aspx to assist with your emergency preparedness planning. The countdown is on. Only one week remains to register for the 67th AHCA/NCAL Annual Convention & Expo at the Advance Registration rate. Hurry, you must register before the September 21 deadline. After this date, on-site registration rates apply. If you missed the advance registration period, you may register on-site at the event in Nashville, Sunday, October 16. Registration will be open at 6:45 am. Thousands of your long term and post-acute colleagues from across the country, have already confirmed their spot. What are you waiting for? Get all the information you need online, Including speakers, education sessions, Expo Hall hours and exhibitors, along with the full schedule of networking opportunities and events. A significant shift we've experienced in our communities relates to discharge to community. Our role is to create seamless transitions that return residents safely home - a departure from our “long stay" roots. As a result, skilled nursing centers are responsible for assisting individuals in improving functional independence and adequately preparing individuals for discharge from the center. Assuring individuals and their families are able to manage care needs after discharge is critical to preventing rehospitalizations. On September 28 at 3 pm Eastern Time join AHCA SVP of Quality and Regulatory Affairs Dr. David Gifford and his team of experts offer valuable insights on how to provide high quality and seamless service related to discharge to community. To register for this live webcast, “Discharge to Community: Creating Seamless Transitions,” click here. This webcast is part of an 8-part Quality Initiative Series designed to provide in-depth instruction and strategies to help AHCA/NCAL members effectively meet impending payment and regulatory changes. For more information and list of upcoming webcast dates, click here.

2019-04-20T17:15:59Z

http://www.longtermcareleader.com/2016/09/

This article is about Queen's University in Kingston, Ontario. For other universities with the same name, see Queen's University (disambiguation). Queen's University at Kingston (commonly shortened to Queen's University or Queen's) is a public research university in Kingston, Ontario, Canada. Founded on 16 October 1841, via a royal charter issued by Queen Victoria, the university predates Canada's founding by 26 years. Queen's holds more than 1,400 hectares (3,500 acres) of land throughout Ontario and owns Herstmonceux Castle in East Sussex, England. Queen's is organized into ten undergraduate, graduate, and professional faculties and schools. The Church of Scotland established Queen's College in 1841 with a royal charter from Queen Victoria. The first classes, intended to prepare students for the ministry, were held 7 March 1842 with 13 students and two professors.In 1869, Queen's was the first university west of the maritime provinces to admit women; In 1883, a women's college for medical education affiliated with Queen's University was established. In 1912, Queen's ended its affiliation with the Presbyterian Church, and adopted its present name. Queen's is a co-educational university with more than 23,000 students and over 131,000 alumni living worldwide. Notable alumni include government officials, academics, business leaders and 57 Rhodes Scholars. Queen's was a result of an outgrowth of educational initiatives planned by Presbyterians in the 1830s. A draft plan for the university was presented at a synod meeting in Kingston in 1839, with a modified bill introduced through the 13th Parliament of Upper Canada during a session in 1840. On 16 October 1841, a royal charter was issued through Queen Victoria establishing Queen's College at Kingston. Queen's resulted from years of effort by Presbyterians of Upper Canada to found a college for the education of ministers in the growing colony and to instruct youth in various branches of science and literature. They modelled the university after the University of Edinburgh and the University of Glasgow. Classes began on 7 March 1842, in a small woodframe house on the edge of the city with two professors and 15 students. The college moved several times during its first eleven years, before settling in its present location. Prior to Canadian Confederation, the Presbyterian Church in Scotland, the Canadian government, and private citizens financially supported the college. After Confederation, the college faced ruin when the federal government withdrew its funding and the Commercial Bank of the Midland District collapsed, a disaster which cost Queen's two-thirds of its endowment. The college was rescued after Principal William Snodgrass and other officials created a fundraising campaign across Canada. Theological Hall served as Queen's University's main building throughout the late 19th century. The risk of financial ruin worried the administration until the century's final decade. They considered leaving Kingston and merging with the University of Toronto as late as the 1880s. With the additional funds bequeathed from Queen's first major benefactor, Robert Sutherland, the college staved off financial failure and maintained its independence. Queen's was given university status on 17 May 1881. In 1883, Women's Medical College was founded at Queen's with a class of three. Theological Hall, completed in 1880, originally served as Queen's main building throughout the late 19th century. In 1912, Queen's separated from the Presbyterian Church of Scotland and changed its name to Queen's University at Kingston. Queen's Theological College remained in the control of the Presbyterian Church in Canada, until 1925, when it joined the United Church of Canada. The theological college merged with the Queen's department of religious studies and the program closed in 2015. The university faced another financial crisis during World War I from a sharp drop in enrollment due to the military enlistment of students, staff, and faculty. A $1,000,000 fundraising drive and the armistice in 1918 saved the university. Approximately 1,500 students fought in the war and 187 died. On 18 August 1939, weeks prior to the start of World War II, US President Franklin D. Roosevelt came to Queen's to accept an honorary degree. In a broadcast heard around the world, the President voiced the American policy of mutual alliance and friendship with Canada. During World War II, 2,917 graduates from Queen's served in the armed forces, suffering 164 fatalities. The Memorial Room in Memorial Hall of the John Deutsch University Centre lists Queen's students who died during the world wars. Queen's grew quickly after the war, propelled by the expanding postwar economy and the demographic boom that peaked in the 1960s. From 1951 to 1961, enrolment increased from just over 2,000 students to more than 3,000. The university embarked on a building program, constructing five student residences in less than ten years. After the reorganization of legal education in Ontario in the mid-1950s, Queen's Faculty of Law opened in 1957 in the new John A. Macdonald Hall. Other construction projects at Queen's in the 1950s included the construction of Richardson Hall to house Queen's administrative offices and Dunning Hall. By the end of the 1960s, like many other Canadian universities, Queen's tripled its enrolment and greatly expanded its faculty, staff, and facilities, as a result of the baby boom and generous support from the public sector. By the mid-1970s, the university had 10,000 full-time students. Among the new facilities were three more residences and separate buildings for the Departments of Mathematics, Physics, Biology and Psychology, Social Sciences and the Humanities. During this period, Queen's created the Schools of Music, Public Administration (now part of Policy Studies), Rehabilitation Therapy, and Urban and Regional Planning were established at Queen's. The establishment of the Faculty of Education in 1968 on land about a kilometre west of the university inaugurated the university's west campus. The first female chancellor of Queen's University, Agnes Richardson Benidickson, was installed on 23 October 1980. Queen's celebrated its sesquicentennial anniversary in 1991, and Charles, Prince of Wales, and his then wife, Diana, visited the campus to mark the occasion. The Prince of Wales presented a replica of the 1841 Royal Charter granted by Queen Victoria, which had established the university; the replica is displayed in the John Deutsch University Centre. In 1993, Queen's received Herstmonceux Castle as a donation from alumnus Alfred Bader. The university uses the castle as the Bader International Study Centre. In 2001 the Senate Educational Equity Committee (SEEC) studied the experiences of visible minority and Aboriginal faculty members at Queen's after a black female professor left, alleging she had experienced racism. Following this survey the SEEC commissioned a study which found many perceived a 'Culture of Whiteness' at the university. The report concluded "white privilege and power continues to be reflected in the Eurocentric curricula, traditional pedagogical approaches, hiring, promotion and tenure practices, and opportunities for research" at Queen's. The university's response to the report is the subject of continuing debate. The administration implemented measures to promote diversity beginning in 2006, such as the position of diversity advisor and the hiring of "dialogue monitors" to facilitate discussions on social justice. In May 2010, Queen's University joined the Matariki Network of Universities, an international group of universities created in 2010, which focuses on strong links between research and undergraduate teaching. Grant Hall has been considered the university's most recognized landmark since its completion in 1905. The university grounds lies within the neighbourhood of Queen's in the city of Kingston, Ontario. The university's main campus is bordered to the south by Lake Ontario and Kingston General Hospital, city parks to the east, and by residential neighbourhoods, known as the Kingston student ghetto or the university district, in all other directions. The campus grew to its present size of 40 ha (99 acres) through gradual acquisitions of adjacent private lands, and remains the university's largest landholding. In addition to its main campus in Kingston, Queen's owns several other properties around Kingston, as well as in Central Frontenac Township, Ontario; Rideau Lakes, Ontario; and East Sussex, England. Queen’s University is situated on traditional Anishinaabe and Haudenosaunee territory. The buildings at Queen's vary in age from Summerhill, which opened in 1839, to Mitchell Hall, which opened in 2018. Grant Hall, completed in 1905, is considered the university's most recognizable landmark. It is named after Reverend George Munro Grant, who served as Queen's seventh principal. The building is used to host concerts, lectures, meetings, exams, and convocations. Two buildings owned and managed by the university have been listed as National Historic Sites of Canada. The Kingston General Hospital is the oldest operating public hospital in Canada. The Roselawn House, which is east of the west campus, is the core component of the university's Donald Gordon Centre. The Engineering & Science Library and the W.D. Jordan Rare Books and Special Collections are both housed at Douglas Library. Queen's University Libraries include six campus libraries and an archives in six facilities housing 2.2 million physical items and 400,000 electronic resources, including e-books, serial titles and databases. The library's budget in 2007–2008 was $18.1 million, with $9.8 million dedicated to acquisitions. The libraries are Bracken Health Sciences Library, Education Library, Lederman Law Library, Stauffer Humanities and Social Sciences Library, and Engineering & Science Library. The W.D. Jordan Rare Books and Special Collections Library notably harbors early-dated books from 1475 to 1700. The Engineering & Science Library and the W.D. Jordan Rare Books and Special Collections Library share facilities, known as Douglas Library. Since 1981, the Queen's University archives has been housed in Kathleen Ryan Hall. The archive manages, preserves, conserves, and makes accessible the information assets and historical record of the university. In addition to the university's archive, Kathleen Ryan Hall also houses the City of Kingston's archives. Queen's operates the Miller Museum of Geology, an earth-science teaching museum which features an Earth Science and Geological Collections of 10,000 minerals and 865 fossils, as well as an exhibit of the geology of the Kingston area. The museum is largely used as an earth-science teaching museum for local schools and natural-science interest groups in eastern Ontario. The permanent exhibits feature dinosaurs, dinosaur eggs, fossils of early multi-celled animals, and land tracks fossilized from 500 million years ago. Queen's art collections are housed at the Agnes Etherington Art Centre. The art centre owes its namesake to Agnes Etherington, whose house was donated to the university and is used as an art museum, attached to the main art centre. Opened in 1957, it contains over 14,000 works of art, including works by Rembrandt and Inuit art. The university's student body and faculty run the Union Gallery, an art gallery opened in 1994. The gallery is dedicated to the promotion of student and contemporary art. The university has 18 student residences: Adelaide Hall, Ban Righ Hall, Brant House, Chown Hall, Gordon House, Brockington House, Graduate Residence, Harkness Hall, John Orr Tower Apartments, Leggett Hall, Leonard Hall, McNeill House, Morris Hall, Smith House, Victoria Hall, Waldron Tower, Watts Hall, and Jean Royce Hall. The largest is Victoria Hall, built in 1965, which houses nearly 900 students. In September 2010, 83.3% of first-year students lived on campus, part of the 26% of the overall undergraduate population who lived on campus. Residents were represented by two groups, the Main Campus Residents' Council, which represents the main campus, and the Jean Royce Hall Council, which represents the west campus (Jean Royce Hall, Harkness International Hall, and the Graduate Residence). They were responsible for representing resident concerns, providing entertainment services, organizing events, and upholding Residence Community Standards. In 2013, the Main Campus and Jean Royce Hall Residents' Councils were amalgamated into one organization, called ResSoc, standing for Residence Society.. ResSoc employs 7 Executives, 17 House Presidents, and 27 Residence Facilitators. ResSoc also has over 100 volunteer positions such as floor representatives and executive interns. In 2013, The Residence Society introduced the StAR (Student Appreciation in Residence) Positive Recognition program. The program encourages positive behaviour in residence and recognize individuals who help others in need. Recipients are given a certificate as well as remuneration for their contributions. The Student Life Centre is the centre of student governance and student-directed social, cultural, entertainment, and recreational activities. It consists of the John Deutsch University Centre (JDUC), Grey House, Carruthers Hall, Queen’s Journal House, MacGillivray-Brown Hall, and the non-athletic sections of Queen's Centre. Collectively, these buildings provide 10,500 square metres (113,000 sq ft) of space to the Queen's community. The JDUC contains the offices of a number of student organizations, including the Alma Mater Society of Queen's University (AMS) and the Society of Graduate and Professional Students (SGPS), as well as retail and food services. The university has 21 food outlets throughout the campus, as well as three major residence dining facilities. Queen's has off-campus faculties in the Kingston area and abroad. The university has a second campus in Kingston, known as the west campus. Acquired in 1969, the west campus is 2 km (1.2 mi) west of the main campus, and covers 27 ha (67 acres) of land. It has two student residences, the Faculty of Education, the Coastal Engineering Lab, and several athletic facilities, including the Richardson Memorial Stadium. In May 2007, the university approved the designs for the Isabel Bader Centre for Performing Arts, also in Kingston. The new centre for performing arts was expected to open in 2014. The university owns a research facility in Rideau Lakes, Ontario, known as the Queen's University Biological Station. Opened during the 1950s, the field station encompasses approximately 3,000 ha (7,400 acres) of property, a range of habitat types typical of Eastern Ontario, and many species of conservation concern in Canada. Queen's has an agreement with Novelis Inc. to acquire a 20-hectare (49-acre) property next to the company's research and development centre in Kingston. The agreement is part of the plan to establish Innovation Park at Queen's University, an innovative technology park at the corner of Princess and Concession Streets. The property was acquired for $5.3 million, a portion of the $21 million grant Queen's received from the Ontario government last spring to pioneer this innovative new regional R&D "co-location" model. Queen's leases approximately 7,900 square metres (85,000 sq ft) of the Novelis R&D facilities to accommodate faculty-led research projects that have industrial partners and small and medium-size companies with a research focus and a desire to interact with Queen's researchers. The remainder of the government funds support further development of the technology park to transform the property into a welcoming and dynamic site for business expansion and relocation. The Bader International Study Centre (BISC) is housed in Herstmonceux Castle, East Sussex, England, which was donated to Queen's in 1993 by alumnus Alfred Bader. BISC is academically fully integrated with Queen's, although financially self-sufficient. Its mission is to provide academic programs for undergraduate students whose academic interests are oriented toward the United Kingdom, Europe, and the European Union; continuing-education programs for executives and other professional or "special interest" groups; a venue for conferences and meetings; a base for international graduate students and other scholars undertaking research in the United Kingdom and Europe; and an enhanced educational, social, and cultural environment for the local community, using the unique heritage of the castle. The opportunity to study at the BISC is not limited to Queen's students. Queen's has academic exchange agreements with Canadian and foreign universities. Queen's Sustainability Office, created in 2008, is charged with the university's green initiatives and creating awareness about environmental issues. The office is headed by a sustainability manager, who works with the university, external community groups, and the government. In 2009, with the signing of the Ontario Universities Committed to a Greener World agreement, Queen's pledged to transform its campus into a model of environmental responsibility. Queen's was the second Ontario university to sign the University and College Presidents’ Climate Change Statement of Action for Canada, in 2010. The university campus received a B grade from the Sustainable Endowments Institute on its College Sustainability Report Card for 2011. Academics at Queen's is organized into ten undergraduate, graduate, and professional faculties and schools. The governance of the university is conducted through the Board of Trustees, the Senate, and the University Council, all three of which were established under the Royal Charter of 1841. The Board is responsible for the university's conduct and management and its property, revenues, business, and affairs. Ex officio governors of the Board include the university's chancellor, principal, and rector. The Board has 34 other trustees, 33 of whom are elected by the various members of the university community, including elected representatives from the student body. The representative from Queen's Theological College is the only appointed trustee. The Senate is responsible for determining all academic matters affecting the university as a whole, including student discipline. It consists of 17 ex officio positions granted to the principal and vice-chancellor, the vice-principals of the university, the senior dean of each faculty, dean of student affairs, the deputy provost, and the presidents of the undergraduate, graduate, and faculty associations. The Senate also consists of 55 other members, appointed or elected by various communities of the university, including elected representatives of the student body. Gordon Hall houses many of Queen's administrative offices. The Royal Charter of 1841 was amended to include the University Council in 1874. The Council is a composite of the Board of Trustees, senators, and an equal number of elected graduates. It serves as both an advisory and an ambassadorial body to the university as a whole and is responsible for the election of the chancellor. Although it is not directly involved in operations, the Council may bring to the Senate or Board of Trustees any matter it believes affects Queen's well-being. The Council meets once per year, typically in May. The Chancellor is the highest officer and the ceremonial head of the University. The office was created in 1874 and first filled in 1877, although it was only enshrined in law in 1882 after its amendment into the Royal Charter of 1841. The responsibilities of the Chancellor include presiding over convocations, conferring degrees, and chairing the annual meetings of the Council, and the Chancellor is an ex officio, voting member of the Board of Trustees. A person is elected to the office of Chancellor on a three-year term by the Council unless there is more than one candidate, in which case an election is conducted among Queen's graduates. The Principal acts as the chief executive officer of the University under the authority of the Board and the Senate, and supervises and directs the academic and administrative work of the university and of its teaching and non-teaching staff. Since 1974, principals have been appointed for five-year terms, renewable subject to review. The formal authority for the appointment of the Principal rests under the Royal Charter with the Board of Trustees, although recent principals have been selected by a joint committee of trustees and senators. The office of the vice-chancellor has typically been held by the incumbent principal. In 1961, an amendment was secured by the Board to separate the office of principal from vice-chancellor if it wished. The first and only person to hold the office of vice-chancellor but not the office of principal was William Archibald Mackintosh. The current principal is Daniel Woolf, who has served as the twentieth principal since 1 September 2009. On 5 November 2018, it was announced Patrick Deane would assume the role of Principal on 1 July 2019, upon the conclusion of Woolf’s term. The Rector is the third officer of the University, and serves as the highest-ranking representative of the student body. Though the first Rector took office in 1913, this role has been exclusively held by students since 1969, when the student body forced the resignation of then-Rector Senator Gratton O’Leary. Unlike the executives of the various student governments, the Rector represents all students - both undergraduate and graduate - and is elected to a three-year term, though it has become traditional for student Rectors to step down after only two years. Despite standing separately from any student government, the Rector works closely with the AMS and SGPS to represent the interests of their constituent students. This allows the Rector to, both formally and informally, act as an intermediary between students and the university administration on a range of topical, sensitive, or controversial issues. The Rector serves as one of three student representatives on the Board of Trustees (the other two being the Undergraduate and Graduate Student Trustees) and is a recognized observer at the Senate. Additionally, the Rector is often called upon to represent student interests on various committees of the Board and Senate. Finally, the Rector plays a ceremonial role at events such as convocation. The university completed the 2011–12 year with revenues of $947.7 million and expenses of $872.8 million, with an excess of revenues over expenses at $74.9 million. Government grants and student fees make are the two largest sources of income for the university. As of 30 April 2018, Queen's endowment was valued at C$1,084,486,000. The university has been registered as an educational charitable organization by Canada Revenue Agency since 1 January 1967. As of 2011, the university registered primarily as a post-secondary institution, with 70% of the charity dedicated to management and maintenance. The charity has 21% dedicated to research, with the remaining 8% dedicated to awards, bursaries, and scholarships. Proceeds from the charity also go toward Queen's Theological College (as an affiliated college) and the Bader International Study Centre at Herstmonceaux Castle. Queen's is a publicly funded research university and a member of the Association of Universities and Colleges of Canada. Full-time undergraduate programs comprise the majority of the school's enrolment, made up of 16,339 full-time undergraduate students. In 2009 the two largest programs by enrolment were the social sciences, with 3,286 full-time and part-time students, followed by engineering, with 3,097 full-time and part-time students. The university conferred 3,232 bachelor's degrees, 153 doctoral degrees, 1,142 master's degrees, and 721 first professional degrees in 2008–9. Queen's University has placed in post-secondary school rankings. The 2019 QS World University Rankings ranked the university 239th in the world and the 10th in Canada. In the 2018 Academic Ranking of World Universities (ARWU) rankings, the University ranked 201–300 in the world and 10–12 in Canada. The 2019 Times Higher Education World University Rankings placed the university 251–300 in the world, and 11–14 in Canada. In U.S. News & World Report 2019 global university rankings, Queen's placed 371st, and 15th in Canada. The Canadian-based news magazine Maclean's ranked the university 5th in its 2019 Medical-Doctoral university rankings. Queen's also placed in several rankings that evaluated the employment prospects of graduates. In QS's 2019 graduate employability rankings, the university ranked 101–110 in the world and sixth in Canada. In a 2011 survey conducted by Mines ParisTech's, they found Queen's placed 38th in the world and first in Canada for number of graduates employed as the chief executive officer (or equivalent) of Fortune 500 companies. In an employability survey published by the New York Times in October 2011, when CEOs and chairpersons were asked to select the top universities which they recruited from, the university placed 74th in the world and fifth in Canada. Queen's University is a member of the U15, a group that represents 15 Canadian research universities. In 2018, Research Infosource ranked Queen's as the sixth in their list of top 50 research university in Canada, with a sponsored research income (external sources of funding) of $207,034 million in 2017. In the same year, Queen's faculty averaged a sponsored research income of $266,100, while graduate students averaged a sponsored research income of $44,300. The federal government is the largest funding source, providing 49.8% of Queen's research budget, primarily through grants. Corporations contribute another 26.3% of the research budget. Queen's research performance has been noted several bibliometric university rankings, which uses citation analysis to evaluates the impact a university has on academic publications. In 2018, the Performance Ranking of Scientific Papers for World Universities ranked Queen's 335th in the world, and 14th in Canada, tied with Simon Fraser University. In University Ranking by Academic Performance's 2018–19 rankings, the university ranked 353rd in the world, and 14th in Canada. The university operates six research centres and institutes, the Centre for Neuroscience Studies, GeoEngineering Centre, High Performance Computing Virtual Laboratory, Human Mobility Research Centre, Sudbury Neutrino Observatory Institute, and the Southern African Research Centre. The Sudbury Neutrino Observatory's director, Arthur B. McDonald, is a member of the university's physics department. The observatory managed the SNO experiment, which showed the solution to the solar neutrino problem was neutrinos change flavour (type) as they propagate through the Sun. The SNO experiment proved a non-zero mass neutrino exists. This was a major breakthrough in cosmology. In October 2015, Arthur B. McDonald and Takaaki Kajita (University of Tokyo) jointly received the Nobel Prize in Physics for illustration of neutrino change identities and identification of mass. This is the first Nobel Prize awarded to a Queen's University researcher. In 1976 urologist Alvaro Morales, along with his colleagues, developed the first clinically effective immunotherapy for cancer by adapting the Bacille Calmette-Guérin tuberculosis vaccine for treatment of early stage bladder cancer. Other research facilities include the Queen's University Biological Station, the largest inland field station in Canada. The Biological Station's mandate is to provide teaching and research opportunities in biology and other related sciences, as well as the conservation of the local environment. Researchers and students have gathered at the biological station to conduct research and participate in courses spanning ecology, evolution, conservation, and environmental biology. In 2002, it became part of the United Nations–recognized Thousand Islands – Frontenac Arch Biosphere Reserve. Queen's University has a joint venture with McGill University, operating an academic publishing house known as the McGill-Queen's University Press. It publishes original peer-reviewed and books in all areas of the social sciences and humanities. While the press's emphasis is on providing an outlet for Canadian authors and scholarship, the press also publishes authors throughout the world. It has over 2,800 books in print. The publishing house was known as the McGill University Press in 1963 prior to amalgamating with Queen's in 1969. The requirements for admission differ among students from Ontario, students from other provinces in Canada, and international students due to the lack of uniformity in marking schemes. In 2018, 42.5 per cent of applications to full-time first-year studies were accepted. In 2013, the secondary school average for full-time first-year students at Queen's was 89% overall, with the Commerce, Education, and Engineering faculties having the highest entrance averages, at 91.7%, 90.8%, and 90.6% respectively. The application process emphasizes the optional Personal Statement of Experience. The statement expresses how the applicant's personal experiences may contribute to the university. It focuses on qualifications and involvement outside of academics and is an important factor in determining admission. Several faculties require applicants to submit a supplementary essay. Students may apply for financial aid such as the Ontario Student Assistance Program and Canada Student Loans and Grants through the federal and provincial governments. The financial aid provided may come in the form of loans, grants, bursaries, scholarships, fellowships, debt reduction, interest relief, and work programs. In the 2010–11 academic year, Queen's provided $36.5 million worth of student need–based and merit-based financial assistance. The student body of Queen's is represented by two primary students' unions, the Alma Mater Society (AMS) for all undergraduate students - as well as Medicine and MBA students - and the Society of Graduate and Professional Students for graduate and law students. The AMS of Queen's University is the oldest undergraduate student government in Canada. It recognizes more than 200 student clubs and organizations. All accredited extracurricular organizations at Queen's fall under the jurisdiction of either the AMS or the Society of Graduate and Professional Students. The organizations and clubs accredited at Queen's cover a wide range of interests, including academics, culture, religion, social issues, and recreation. The oldest accredited club at Queen's is the Queen's Debating Union, which was formed in 1843 as the Dialectic Society. The Dialectic Society served as a form of student government until the AMS was formed from the Dialectic Society in 1858. The Queen's Bands is a student marching band, founded in 1905, which claims to be the largest and oldest student marching band in Canada. Fraternities and sororities have been banned at the university since a ruling by the AMS in 1933. The ruling was passed in response to the formation of two fraternities in the 1920s. No accredited sororities have ever existed at Queen's. The Engineering Society (Engsoc) is the representative body for engineering students. Formed in 1897, it has 3,000 members on campus, 15,000 active alumni, and an annual budget of $1.7 million. EngSoc oversees about 45 student-run initiatives. The AMS also manages the Student Constable peer-to-peer security service at the university. It is responsible for ensuring the safety of patrons and staff at sanctioned events and venues across the campus, enforcing the governing regulations of the AMS, and upholding regulations stipulated in the Liquor Licence Act of Ontario. Student Constables do not serve as the university's primary security service as they are legally not peace officers, nor are they registered as a private security service under the Ministry of Community Safety and Correctional Services. The university administration operates its own security service, which is registered in Ontario as a private security service. As of March 2012, the Student Constables are funded through a mandatory $10 fee levied on undergraduates annually by the AMS. The Agnes Benidickson Tricolour Award and induction in the Tricolour Society is the highest tribute that can be paid to a student for valuable and distinguished service to the University in non-athletic, extra-curricular activities. Queen's University's students operate a number of media outlets throughout campus. The Queen's Journal is Queen's main student newspaper. During the academic year, the journal publishes two issues a week, until the last month of the semester, when only one issue is published each week. In total the Queen's Journal publishes 40 issues a year. The newspaper was established in 1873, making it one of the oldest student newspapers in Canada. The other weekly student publication from Queen's is Golden Words, a weekly satirical humour publication managed by the Engineering Society. Queen's student population runs a radio station, CFRC. Queen's radio station is the longest-running campus-based broadcaster in the world, and the second-longest-running radio station in the world, surpassed only by the Marconi companies. The station's first public broadcast was on 27 October 1923, when the football game between Queen's and McGill was called play-by-play. Since 2001, the station has broadcast on a 24-hour schedule. In 1980, a student-run television service called Queen's TV (QTV) was established; as of 2011, episodes aired every weekday on its website and every Wednesday on local television. In 2015, QTV was amalgamated with two other student-run services, Yearbook & Design Services (YDS) and Convocation Services, to form “Studio Q”. Richardson Memorial Stadium is the home to Queen's varsity football team. Sport teams at Queen's University are known as the Golden Gaels. The Golden Gaels sports teams participate in the Canadian Interuniversity Sport's Ontario University Athletics conference for most varsity sports. Varsity teams at Queen's include basketball, cross country, Canadian football, ice hockey, rowing, rugby, soccer, and volleyball. The men's rugby team has won the OUA Championship the past 4 years (2012–16). The athletics program at Queen's University dates back to 1873. With 39 regional and national championships, Queen's football program has secured more championships than any other sport team at Queen's, and more than any other football team in Canada. Queen's and the University of Toronto are the only universities to have claimed Grey Cups (1922, 1923, and 1924), now the championship trophy for the Canadian Football League. Queen’s also competed for the Stanley Cup in 1894–95, 1898–99, and 1905–06. Queen's University has a number of athletic facilities open to both varsity teams and students. The stadium with the largest seating capacity at Queen's is Richardson Memorial Stadium. Built in 1971, the stadium seats 8,500 and is home to the varsity football team. The stadium has also hosted a number of international games, including Canada's second-round 2006 FIFA World Cup qualification games and the inaugural match of the Colonial Cup, an international rugby league challenge match. The stadium is set to reopen for its inaugural football game on September 17, 2016, after an extensive revitalization. Other athletic facilities at Queen's include the Athletic and Recreation Centre, which houses a number of gymnasiums and pools; Tindall Field, a multi-season playing field and jogging track; Nixon Field, home to the school's rugby teams; and West Campus Fields, which are used by a number of varsity teams and student intramural leagues. Queen's maintains an academic and athletic rivalry with McGill University. Competition between rowing athletes at the two schools has inspired an annual boat race between the two universities in the spring of each year since 1997, inspired by the famous Oxford-Cambridge Boat Race. The football rivalry, which started in 1884, ended after Canadian university athletic divisions were reorganized in 2000; the Ontario-Quebec Intercollegiate Football Conference was divided into Ontario University Athletics and Quebec Student Sports Federation. The rivalry returned in 2002 when it transferred to the annual home-and-home hockey games between the two institutions. Queen's students refer to these matches as "Kill McGill" games, and usually show up in Montreal in atypically large numbers to cheer on the Queen's Golden Gaels hockey team. In 2007, McGill students arrived in busloads to cheer on the McGill Redmen, occupying a third of Queen's Jock Harty Arena. The school also competes in the annual Old Four (IV) soccer tournament, along with McGill, the University of Toronto, and the University of Western Ontario. The coat of arms appeared as early as 1850 but was not registered with the College of Arms until 1953. The coat of arms was registered with the Scottish equivalent of the College of Arms, the Lord Lyon King of Arms, in 1981 and with the Canadian Heraldic Authority during Queen's sesquicentennial celebrations in 1991. The coat of arms is based on that of the University of Edinburgh, the institution after which Queen's was modelled. The coat of arms consists of a gold shield with red edges, divided into four triangular compartments by a blue, diagonal St. Andrew's Cross. A golden book, symbolizing learning, sits open at the centre of the cross. In each of the four compartments is an emblem of the university's Canadian and British origins: a pine tree for Canada, a thistle for Scotland, a rose for England, and a shamrock for Ireland. The border is decorated with eight gold crowns, symbolic of Queen Victoria and the university's Royal Charter. Queen's motto, from Isaiah 33:6, is Sapientia et Doctrina Stabilitas. The Latin motto is literally translated as "Wisdom and knowledge shall be the stability of thy times," and has been in use since the 1850s. A number of songs are commonly played and sung at events such as commencement, convocation, and athletic contests, including the "Queen's College Colours" (1897), also known as "Our University Yell" and "Oil Thigh", with words by A.E. Lavell, sung to the tune of "John Brown's Body". "Oil Thigh", created in 1891, consists of the old song "Queen's College Colours". The name "Oil Thigh" comes from the chorus of the song, which begins with the Gaelic words "oil thigh". The modern version of the song was crafted in 1985, when a line was changed to include Queen's woman athletes in the cheer. Blue, gold and red are the official colours of the university, and can be seen on its flag. Queen's official colours are gold, blue, and red. Queen's colours are also used on the school flag. It displays three vertical stripes, one for each colour. In the upper-left corner on the blue stripe is a yellow crown, symbolizing the royal charter. The university also has a ceremonial flag, which is reserved for official university uses. The ceremonial flag is a square design of the Queen's coat of arms. The university also has a tartan, made up of six colours, each representing an academic discipline: blue (medicine), red (arts & science), gold (applied science), white (nursing science), maroon (commerce & MBA), light blue (Kinesiology and Physical Education), and purple (theology). The tartan was created in 1966 by Judge John Matheson and is registered under the Scottish Tartans Authority. Sir Robert Borden, 8th Prime Minister of Canada. Norihito, Prince Takamado, member of the Imperial House of Japan. Kathleen Wynne, 25th Premier of Ontario and first LGBT Premier in Canada. Fraser Stoddart, Nobel Laureate in chemistry for his work with molecular machines. Arthur B. McDonald, Nobel Laureate in physics for the discovery of neutrino oscillations. Donald J. Carty, former Chairman and CEO of AMR Corporation. Elon Musk, founder of SpaceX, Tesla Motors, SolarCity, PayPal, and The Boring Company. Queen's graduates have found success in a variety of fields, heading diverse institutions in the public and private sectors. In 2011, the university had over 131,000 alumni, living in 156 countries. Queen's faculty and graduates have won many awards, including the Nobel Prize, the Turing Award, and the Victoria Cross. As of 2016, 57 Queen's students and graduates had been awarded the Rhodes Scholarship. Queen's is also a choice for Loran Award winners, with over 20 scholars attending or having attended the university. In 2013, the artist Raine Storey began attendance at Queen's after being the first visual artist to ever receive the award. Two Nobel laureates are associated with the university, including faculty member Arthur B. McDonald, who received the Nobel Prize in Physics for fundamental research elucidating neutrino change identities and mass, and former National Research Council postdoctoral fellow at Queen's Sir Fraser Stoddart, awarded the Nobel Prize in Chemistry "for the design and synthesis of molecular machines". Another notable individual associated with University is Sandford Fleming, an engineer who first proposed the use of a universal time standard and the former Chancellor of Queen's. Notable alumni in the field of science include Adolfo de Bold, who won the Gairdner Foundation Award for the discovery and isolation of atrial natriuretic peptide, and Shirley Tilghman, a microbiologist and former President of Princeton University. Notable politicians who were once Chancellor include Robert Borden, Prime Minister of Canada, Roland Michener, Governor General of Canada, and provincial premiers Peter Lougheed and Charles Avery Dunning. Many alumni have gained international prominence for serving in government, including Prince Takamado, member of the Imperial House of Japan, and Kenneth O. Hall, the fifth Governor General of Jamaica. The 29th Governor General of Canada, David Johnston, was also a former graduate and faculty member of the university. Three Canadian premiers are also alumni of Queen's: William Aberhart, the 7th Premier of Alberta, Frank McKenna, the 27th Premier of New Brunswick, and Kathleen Wynne, the 25th Premier of Ontario. The 14th Premier of Alberta, Alison Redford, also attended the university for two years. Thomas Cromwell, a Justice of the Supreme Court of Canada, was a graduate of the university. Prominent alumni who became leaders in business include Derek Burney, former chairman and CEO of Bell Canada; Donald J. Carty, chairman of Virgin America and Porter Airlines and former chairman and CEO of AMR Corporation; Earle McLaughlin, former president and CEO of Royal Bank of Canada; Gordon Nixon, president and CEO of the Royal Bank of Canada; Kimbal Musk, co-founder of Zip2; and F. C. Kohli, founder of Tata Consultancy Services. Alumnus David A. Dodge was the 7th Governor of the Bank of Canada and the 13th Chancellor of Queen's. Elon Musk, founder of SpaceX, and Tesla, Inc., attended Queen's for two years. ^ "Senate Seal". Queen's University. Retrieved 8 August 2017. ^ a b c d e f g h i j k l m n o p "General History". Queen's University. Archived from the original on 6 July 2011. Retrieved 26 July 2011. ^ a b "Mottoes". Queen's Encyclopedia. Queen's University. Retrieved 30 September 2012. ^ a b c d "2017-18 Consolidated Financial Statements" (PDF). Queen's University. 30 April 2018. Retrieved 29 November 2018. ^ "Administration/Governance". Governance. 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Rogers Media Inc. Retrieved 21 May 2011. Carpenter, Thomas H. (1990). Queen's : the first one hundred & fifty year. Hedgehog Productions. ISBN 1-895261-00-7. Gibson, Frederick W. (1983). Queen's University, Volume 2, 1917–1961: To Serve and Yet Be Free. McGill-Queen's University Press. ISBN 0-7735-0376-5. Hamilton, Roberta (2002). Setting the Agenda: Jean Royce and the Shaping of Queen's University. University of Toronto Press. ISBN 0-8020-3671-6. Neatby, Hilda (1978). Queen's University, Vol I: Volume I, 1841–1914: And Not to Yield. McGill-Queen's University Press. ISBN 0-7735-0336-6. Rawlyk, George; Quinn, Kevin (1980). The Redeemed of the Lord Say So: A History of Queen’s Theological College 1912–1972. Queen’s Theological College. ISBN 0-88911-016-6. Wikimedia Commons has media related to Queen's University (Canada).

2019-04-23T23:03:12Z

https://en.wikipedia.org/wiki/Queen%27s_University

4. an evaluation of the current impact of U.S. sanctions on U.S.-Cuban bilateral trade, investment, employment, and consumers, with particular attention to the effects on U.S. services, U.S. agriculture, and other sectors for which the impact is likely to be significant. The historical impact of U.S. sanctions with respect to Cuba on the U.S. and the Cuban economies is assessed for the time period from 1960 through the 1996 implementation of Cuban Liberty and Democratic Solidarity Act (CLDSA, also known as the Helms-Burton Act), as that act was the most recent change made to U.S. sanctions with respect to Cuba prior to the institution of this report. The current impact of U.S. sanctions on the U.S. and the Cuban economies is assessed for the time period after 1996. To assess this, the Commission analyzed the economic impact of what estimated U.S.- Cuban bilateral trade and investment flows might have been in the absence of U.S. sanctions. Baseline trade data used were Cuba’s average annual trade with the world during 1996-98, the most recent period for which such data were available. The Commission estimated expected U.S.-Cuban bilateral trade and foreign exchange flows in the absence of U.S. sanctions using data obtained from an analysis of the Cuban economy; fact finding travel in the United States and in Cuba by Commission staff; a public hearing on September 19-20, 2000, and written submissions from the public; an informal telephone survey of over 200 U.S. companies and associations; a review of the relevant economic literature; and an econometric analysis. The Commission has made no assumptions in this report regarding any possible future policy changes in Cuba. This report does not address trade in strictly military goods and services or trade in goods, services, and technology subject to export controls relating to U.S. national security interests—all areas not traditionally monitored by the Commission. U.S. economic sanctions with respect to Cuba had a minimal overall historical impact on the U.S. economy. Despite the relatively small size of its economy, Cuba was an important U.S. trade partner in the 1950s. U.S.-Cuban economic relations deteriorated significantly before comprehensive U.S. economic sanctions were implemented in reaction to political events in Cuba in the late 1950s. With most U.S. economic assets in Cuba expropriated by the Castro government during 1959-60, the U.S. economic sanctions of October 1960 and comprehensive sanctions of February 1962 appear to have caused few additional costs for the U.S. economy. Even with massive economic assistance from the Soviet Union during 1960-89, Cuba remained a small global market relative to other Latin American countries. The Cuban Government signed its first major trade agreement with the Soviet Union in 1960, and had seized almost all U.S. property in Cuba before comprehensive U.S. economic sanctions were imposed in 1962. Between 1960 and the late 1980s, Cuba’s relatively closed economy relied extensively on economic assistance from, and long-term economic agreements with, the Soviet bloc countries and China. The Commission estimates that U.S. exports to Cuba in the absence of sanctions, based on average 1996-98 trade data, would have been approximately $658 million to $1.0 billion annually; this is equivalent to about 17 to 27 percent of Cuba’s total imports from the world, or less than 0.5 percent of total U.S. exports (Table 1). This estimate would increase marginally, to $684 million to $1.2 billion, if U.S. exports were to increase by the amount of estimated additional net foreign exchange flows from the United States to Cuba from telecommunication services payments, travel and tourism payments, and U.S. foreign direct investment. Estimated U.S. imports from Cuba in the absence of sanctions, based on average 1996-98 trade data and excluding sugar (U.S. sugar imports are governmentregulated), would have been approximately $69 million to $146 million annually; this is equivalent to about 7 to 15 percent of total Cuban exports to the world, or less than 0.5 percent of total U.S. imports (Table 2). U.S. economic sanctions with respect to Cuba generally had a minimal overall historical impact on the Cuban economy. Cuba adjusted quickly to U.S. economic sanctions through political and economic the alliance with the Soviet bloc countries. Soviet economic assistance, which peaked at nearly $6 billion annually in the 1980s, largely offset any adverse effects of U.S. sanctions and enabled the Cuban economy to grow. The loss of Soviet economic assistance after 1990 caused a severe downturn in the Cuban economy, bringing to the forefront longstanding inefficiencies in the Cuban economy. The loss of Soviet assistance eventually forced Cuba to introduce economic reforms to attract foreign investment, and selective economic liberalization to stimulate domestic production. Despite the close geographic proximity that would appear to make the United States and Cuba natural trading partners, bilateral economic relations in the absence of sanctions could be limited for several reasons. For example, production constraints limit Cuba’s near-term export potential; foreign exchange constraints limit Cuba’s import purchasing power; and Cuba’s investment regime remains restrictive. Cuba also tends to select its trade and investment partners based on political considerations—the desire to maintain economic ties with existing partners and to avoid becoming economically dependent on a single country—rather than economic cost factors. Productivity constraints likely would limit Cuba’s near term ability to increase production of its main export products—Cuba would have to reduce sales to other countries in order to export to the United States. Similarly, Cuba’s lack of foreign exchange would mean that Cuban imports of U.S. goods most likely would displace imports of similar goods from other countries. The Cuban Government estimates that the cumulative cost of U.S. economic sanctions on the Cuban economy was $67 billion through 1998, including such costs as reduced trade and tourism, higher shipping costs, inability to procure spare parts, frozen bank accounts, foreign debt problems, and emigration of skilled workers. That estimate does not factor in the cumulative value of Soviet bloc economic assistance provided since 1960. Air transportation. U.S. economic sanctions had a small but measurable adverse historical impact on U.S. airline revenue and employment. Industry sources estimate that annual revenues from regularlyscheduled passenger service to Cuba in the absence of sanctions would account for no more than 1 percent of total passenger revenues of U.S. airlines. U.S. airports estimate that they would benefit from increased revenues if U.S. airlines were able to provide regularly- scheduled service to Cuba. Cuban Government officials reported that U.S. economic sanctions have resulted in higher costs for U.S.-manufactured aircraft components. Cuba has renovated its largest airports with the help of foreign investment; those airports probably would benefit from increased revenue and employment as a result of the operation of regularly scheduled flights to and from the United States in the absence of sanctions. Maritime transportation. Sanctions had an adverse historical impact on several U.S. sea ports. The port of New Orleans took nearly 10 years to replace the volume of cargo that it had shipped to Cuba. Florida ports, including the Port of Jacksonville and Port Everglades, also reported a similar adverse impact. U.S. ports, shipping lines, and cruise lines most probably would benefit in the absence of sanctions, and additional U.S. longshoremen jobs would be created. Cuban officials reported that U.S. sanctions, by restricting the operation of U.S.- and foreign-flag vessels with respect to Cuba, have increased Cuba’s shipping costs and deterred vessels of foreign shipping lines from docking in Cuban ports. Cuba’s ports and merchant fleet also would probably benefit from increased shipping in the absence of sanctions. Banking and insurance. Sanctions did not have a significant direct historical impact on U.S. financial services firms because Cuba had expropriated them before sanctions were imposed. Cuba is a small market for financial services, and U.S. financial services firms most probably would not make significant investments in Cuba in the absence of sanctions because of Cuban restrictions on foreign investment. Cuban banks and insurance firms are unlikely to be significantly affected in the absence of U.S. sanctions. Construction. The U.S. construction services industry participated in a wide range of infrastructure projects in Cuba prior to the imposition of sanctions. After sanctions were imposed, U.S. construction firms were replaced by Soviet and, more recently, Canadian and European firms. The historical impact of the sanctions on the U.S. industry was small, given the small size of the Cuban economy, limited business opportunities in Cuba, and alternative opportunities elsewhere in Latin America. U.S. industry sources report that their concerns about Cuba’s ability to finance major construction projects make it unlikely that the United States would become a significant exporter of such services to Cuba in the absence of sanctions. Telecommunications. The United States never completely severed telecommunications links with Cuba, and a small number of U.S. companies currently provide certain telecommunications services to Cuba. U.S. sanctions reportedly have had a large negative effect on the Cuban telecommunication industry, which functions with an antiquated and poorly maintained domestic infrastructure. U.S. telecommunications providers most probably would attempt to increase their participation in the Cuban market if U.S. sanctions were removed, although market opportunities may be limited because telecommunications providers of other countries already have made significant inroads in the Cuban market. A Cuban- Italian joint venture company has a 12-year exclusive agreement to provide basic telecommunication services in Cuba. Another Cuban joint venture company with Canadian investors has a 20-year exclusive agreement to provide analog and digital cellular service to Cuba. Tourism. Sanctions had a minimal direct historical impact on the U.S. tourism industry because U.S. properties were expropriated before sanctions were imposed and Cuba’s tourism sector suffered due to a declining number of U.S. visitors in the late 1950s. Cuba gave a low priority to the tourism sector between 1960 and the early 1980s. Since the late 1980s, however, the Cuban Government has targeted tourism as a priority sector for its ability to generate foreign exchange. U.S. sanctions prevent U.S. investors from participating in the joint venture arrangements Cuba has awarded to European, Canadian, and Caribbean partners. U.S. industry sources estimate that 1 million U.S. tourists annually could visit Cuba in the absence of sanctions, which could benefit U.S. tourism service providers if they are able to enter the Cuban market. Meat and dairy. Sanctions had a small historical impact on the U.S. livestock and dairy sectors. It is estimated that U.S. exports of beef, pork, and poultry to Cuba in the absence of sanctions would have totaled $62 million to $76 million annually (or 1 percent of total U.S. meat exports), based on average 1996-98 trade data. In addition, estimated U.S. exports of dairy products to Cuba, in the absence of sanctions, would have totaled $4 million to $12 million annually (or 1 to 3 percent of total U.S. dairy exports). Sanctions had a small historical impact on Cuba’s meat and dairy sectors because Cuba was able to find other suppliers, but at somewhat higher prices. Cuban production is not competitive internationally, and would make only small gains in the absence of sanctions. Wheat. Prior to the imposition of sanctions, the United States supplied most Cuban wheat imports. However, owing to the small share of U.S. exports going to Cuba and the ability of U.S. exporters to find alternative markets, the overall historical impact of sanctions on the U.S. wheat industry was small. In the absence of sanctions, U.S. exporters would be able to take market share away from current suppliers to the Cuban market (e.g., France, Argentina, and Canada), and thus the current impact of sanctions on the U.S. wheat industry is fairly significant. It is estimated that U.S. wheat exports to Cuba in the absence of sanctions would total $34 million to $52 million annually, representing 40 to 60 percent of Cuban wheat imports in the short term. This change would increase U.S. exports by 1 percent of the value of 1996-98 U.S. wheat exports. Rice. During 1955-58, Cuba was the leading market for U.S. rice exports (purchasing about 25 percent of U.S. rice exports). Thus, historically the loss of the Cuban market had a significant impact on the U.S. rice industry, although over time U.S. exporters were able to ship to other countries, but frequently only with official U.S. export assistance. The current impact of sanctions on the U.S. rice industry is significant, indicating that U.S. exporters would be highly competitive with current suppliers (Thailand, China, and Vietnam) to the Cuban market in the absence of sanctions. In the absence of sanctions, it is estimated that U.S. exports of rice to Cuba would total $40 million to $59 million annually, based on average 1996-98 trade data, representing 40 to 60 percent of Cuban rice imports in the short term, mostly at the expense of Thailand. This change would increase exports by 4 to 6 percent of the value of 1996-98 U.S. rice exports. Feedgrains. U.S. sanctions had a minimal effect on U.S. feedgrain production and export levels and posed few problems for the U.S. corn and feedgrain industry. Prior to the implementation of U.S. economic sanctions, Cuba’s grain-fed livestock sector was rather small, and the United States supplied Cuba with negligible amounts of corn and feed grain. In the absence of sanctions, the U.S. feedgrain industry is likely to be highly competitive in the Cuban market, particularly in corn and sorghum. In the absence of sanctions, it is estimated, based on 1996-98 annual average trade data, that U.S. exports of feedgrain to Cuba would total $9 million to $10 million annually (less than 0.5 percent of total U.S. feedgrain exports), representing 90 to 100 percent of Cuban feedgrain imports. Animal feed. Although Cuba was a leading market for certain U.S. feed exports, the historical impact of sanctions on the U.S. animal feed industry has been small. Since the imposition of sanctions, the United States found other markets for animal feed, particularly Japan, Canada, and the European Union (EU). The current impact of sanctions is to deny U.S. exporters access to a growing Cuban market for animal feed ingredients (particularly vegetable meals and oilseed meals) that resulted from the significant expansion in the Cuban hog sector. In the absence of sanctions, it is estimated that U.S. exports of animal feed to Cuba would total $42 million to $48 million annually (or 1 percent of total U.S. animal feed exports), based on average 1996-98 trade data, representing 80 to 90 percent of Cuban animal feed imports. Fats and oils. Prior to the sanctions, the United States supplied most Cuban imports of fats and oils. Thus the historical impact of sanctions was significant initially for the U.S. fats and oils industry, particularly for the animal fats industry. However, over time U.S. exporters were able to find alternative markets. In the absence of sanctions, the U.S. fats and oils industry stands to export lard, tallow, and vegetable oil to Cuba, taking a substantial share of Cuban imports away from competing countries such as Argentina and Brazil. In the absence of sanctions, it is estimated that U.S. exports of fats and oils to Cuba would total $29 million to $33 million annually (or 1 percent of total U.S. fats and oils exports), representing 80 to 90 percent of Cuban fats and oils imports. Dry beans. Overall the historical impact of sanctions on the U.S. dry bean industry has been small. Although the loss of the Cuban market initially posed a significant problem for the industry, over time exporters were able to ship to other countries. In the absence of sanctions, the U.S. dry bean industry would probably export black beans, pinto beans, and white beans to Cuba, reducing market share of Canada, China, and Australia. It is estimated that U.S. exports of dry beans to Cuba in the absence of sanctions would total $13 million to $26 million annually (or 4 to 8 percent of total U.S. dry bean exports), or approximately 20 to 40 percent of Cuban dry bean imports. Cotton. Sanctions had a small overall historical impact on U.S. cotton production and exports. Close geographic proximity makes U.S. cotton producers natural suppliers for the Cuban market, and U.S. producers could satisfy all of Cuba’s cotton demand without difficulty. Sanctions prevented U.S. cotton exports to Cuba as the Cuban textile and clothing industries expanded in the 1960s through the 1980s. It is estimated that U.S. exports of cotton to Cuba in the absence of sanctions would have been $6 million to $8 million annually (less than 0.5 percent of total U.S. cotton exports), based on average 1996-98 trade data, or approximately 50 to 70 percent of Cuban cotton imports. Winter vegetables. U.S. sanctions initially benefited the U.S. winter vegetables industry, which is concentrated in Florida. That benefit dissipated over time, however, as imports from Mexico and other countries increased. The U.S. industry most probably would receive a small benefit in the absence of sanctions, as Cuba probably would import fresh vegetables from the United States to supply its growing tourism sector (valued at $250,000 to $500,000 annually, or less than 0.5 percent of total U.S. winter vegetable exports). Sanctions had little historical impact on Cuban production and consumption of winter vegetables. Cuban production could increase as a result of U.S. investment and access to U.S. technology in the absence of sanctions. Current Cuban output and export potential is constrained by a lack of foreign exchange to obtain inputs such as fertilizer and pesticides. In the longer term the U.S. industry most probably would be adversely affected in the absence of sanctions as Cuba becomes better positioned to take full advantage of its available land and lowcost labor. It is estimated that U.S. imports of fresh winter vegetables from Cuba would total $30,000 to $60,000 annually in the short term in the absence of sanctions, based on average 1996-98 trade data (less than 0.5 percent of total U.S. imports of winter vegetables). Tropical fruit. The United States was Cuba’s primary export market for tropical fruits in the 1950s. Sanctions generally had a positive historical impact on the U.S. economy as growers who immigrated from Cuba during the early 1960s set up operations in southern Florida, effectively establishing the U.S. industry. Sanctions had a minimal historical impact on Cuba, which shifted exports to the Soviet Union. Current Cuban output and export potential is constrained by a lack of foreign exchange for inputs such as fertilizer and pesticides. The United States most probably would benefit in the absence of sanctions, as Cuba probably would import U.S. tropical fruit to supply its tourism sector, valued at $40,000 to $72,000 annually (less than 0.5 percent of total U.S. tropical fruit exports). However, in the longer run the U.S. industry probably would be adversely affected in the absence of sanctions as Cuba becomes better positioned to take fuller advantage of its resource endowments with respect to available land and lowcost labor. It is estimated that U.S. imports of tropical fruit from Cuba would total $90,000 to $180,000 annually in the short term in the absence of sanctions, based on average 1996-98 trade data (less than 0.5 percent of total U.S. tropical fruit imports). Citrus fruit. Cuba is an important grower and exporter of citrus products. Sanctions reportedly benefited the U.S. citrus industry by restricting competition from Cuban citrus—mainly fresh grapefruit, orange juice, grapefruit juice, and limes. U.S. consumers and the U.S. citrus industry probably would be affected in the absence of U.S. sanctions with respect to Cuba. It is likely that Florida grapefruit producers would face the potential of an influx of Cuban grapefruits several weeks prior to the start of the Florida season, which would probably lead to lower U.S. prices. The full impact for fresh citrus would take several years to develop because Cuban fruit would have to meet strict U.S. phytosanitary standards, and the Cuban industry would need investment capital and time to reach its full potential. Several foreign investors already are working to expand Cuba’s citrus export industry. It is estimated that U.S. imports of citrus fruit from Cuba would total between $9 million and $23 million annually in the absence of sanctions (or 2 to 6 percent of total U.S. imports of citrus fruit), based on average 1996-98 trade data. Sugar. Sugar is Cuba’s most important agricultural export. In 1959, Cuba exported 2.9 million metric tons of sugar to the United States, received 72 percent of the U.S. import quota for sugar, and supplied 35 percent of the total U.S. sugar imports. The historical impact of the U.S. sanctions was minimal because both the United States and Cuba adjusted quickly—the United States allocated Cuba’s sugar quota to other Latin American and Caribbean countries, while Cuba sold the bulk of its sugar to the Soviet bloc countries. In the absence of sanctions, Cuba’s status with respect to the U.S. sugar program would be uncertain. If Cuba were included in the current tariff-rate quota (TRQ) regime, Cuba’s access is not likely to be on the scale to which Cuba was accustomed before the sanctions. If Cuba were not included in the current TRQ regime, Cuban sugar exports to the United States would be zero and would therefore have no impact on the U.S. sugar industry. As with sugar from any other non-quota holding country, Cuban sugar would be dutiable at the over-quota tariff rate for raw sugar of 242 percent ad valorem equivalent, which given current world market prices is prohibitive. Distilled spirits. Cuba was the second largest supplier of rum to the United States after Jamaica prior to the imposition of U.S. sanctions. After sanctions were imposed, shipments from Jamaica and other sources quickly increased to offset the loss of Cuban shipments. The historical impact of sanctions on U.S. consumers was small in terms of availability of supply and prices. U.S. economic sanctions had a severe adverse impact on the Cuban distilled spirits industry. Sanctions caused Cuba to lose its largest rum export market, exacerbating other problems in the Cuban industry caused by the emigration of several Cuban company owners after the Castro government came to power that left a void in marketing knowledge, technical expertise, and capital in Cuba. It is estimated that U.S. imports of distilled spirits from Cuba would total $15 million to $25 million annually (or 1 percent of total U.S. imports of distilled spirits) in the absence of sanctions, based on average 1996-98 trade data. Cigars. Prior to the imposition of sanctions, Cuba was nearly the exclusive foreign supplier of cigar tobacco. Sanctions forced the U.S. industry into a major and costly restructuring program, and U.S. cigar companies were forced to develop alternative supply sources. The historical impact on the Cuban industry was small as Cuba was able to find alternative markets, principally in Europe. It is estimated that U.S. imports of cigars from Cuba in the absence of sanctions could total $15 million to $30 million annually (or 5 to 10 percent of total U.S. imports of cigars), based on average 1996-98 trade data. Seafood. Sanctions caused no measurable effects on U.S. seafood exporters because Cuba was a small U.S. seafood trading partner. Sanctions had a significant negative impact on U.S. demand for Cuban seafood exports. The loss of the U.S. market forced Cuba to find new export markets such as Spain, France, and Japan which, because of their distance, raised Cuban transportation costs. It is estimated that U.S. seafood exports to Cuba in the absence of sanctions would total $1 million to $2 million annually (less than 0.5 percent of total U.S. exports of seafood), based on average 1996-98 trade data, most of which would be destined for Cuba’s tourism sector. U.S. imports of Cuban seafood would total $5 million to $11 million annually (less than 0.5 percent of total U.S. seafood imports), increasing competition primarily for the Florida fish industry. Fertilizers and pesticides. The historical impact of sanctions was small because, although Cuba was a small but important outlet for U.S. fertilizers and pesticide products at the time sanctions were imposed, U.S. exporters were able to find alternative markets for their products relatively quickly. The current impact of sanctions on the U.S. fertilizer and pesticide industries is small but measurable. It is estimated that the U.S. fertilizer exports to Cuba in the absence of sanctions would total $8 million to $15 million annually (less than 0.5 percent of total U.S. fertilizer exports), or 10 to 20 percent of Cuba’s total imports. If Cuban agricultural production were to increase, Cuban demand for pesticide products, including imports from U.S. companies, probably would increase. In the absence of sanctions, U.S. exports of pesticide products would be small, at most $4 million in the short term. Pharmaceuticals. Sanctions had a minimal historical impact on the U.S. pharmaceuticals industry given the small size of the Cuban market and access to alternative suppliers. In the absence of sanctions, U.S. pharmaceutical exports would probably be small (zero to $1 million). Onerous licensing restrictions and health and safety regulations of the Cuban government most probably would impede some U.S. exports. Although Cuba had access to pharmaceutical products from other countries, U.S. sanctions provided an impetus for Cuba to develop an indigenous biotechnology industry. Textiles and apparel. Sanctions generally had a minimal historical impact on the U.S. textiles and apparel industry, which found alternate markets for their products. It is estimated that U.S. exports of textiles and apparel to Cuba in the absence of sanctions would total $6 million to $9 million annually (less than 0.5 percent of total U.S. textile and apparel exports) in the absence of sanctions, based on average 1996-98 trade data. U.S. companies reportedly might consider establishing sewing operations in Cuba because of its proximity to the United States, skilled and educated workforce, and low labor wage rates. Sanctions initially impeded the operations of the Cuban textiles and apparel industry by eliminating a key source of raw and intermediate materials and machinery. The Cuban industry was aided by Soviet assistance through the 1980s; however, Cuban textile production has declined substantially since the loss of Soviet assistance. Steel. The historical impact of sanctions on the U.S. steel industry was small, as U.S. producers quickly found alternate markets for their products. In the absence of sanctions, U.S. exports of steel products to Cuba most probably would be small. Sanctions had little, if any, impact on Cuba because steel is readily available on world markets. Cuba has developed a small steel industry with a product line limited to commodity-type long products, primarily concrete reinforcing bar, and exports about 60 percent to 80 percent of its production, primarily to the Caribbean and Central America. In the absence of sanctions, it is estimated that U.S. imports of steel products from Cuba would total no more than about $11 million annually (less than 0.5 percent of total U.S. imports of steel). Nickel and cobalt. The United States produces no primary nickel and cobalt, while Cuba is one of the world’s major nickel and cobalt regions in terms of proven reserves. The historical impact of sanctions has been higher prices paid by U.S. consumers who must purchase nickel-containing products, such as stainless steel and nickel alloy products, from more distant suppliers such as Norway, Australia, and Russia, and cobalt products from Norway, Finland, Zambia, and Congo. Sanctions prohibit U.S. imports of Cuban-origin nickel from countries such as Canada that process it. In the absence of sanctions, it is likely that the United States would import Cubanorigin nickel and cobalt products from Canada (valued at between $55 million and $71 million annually). Machinery and transportation equipment. The historical impact of sanctions on U.S. industries was minimal, as alternate markets were easily located. It is estimated that U.S. exports of machinery in the absence of sanctions would total $120 million to $154 million annually (less than 0.5 percent of total U.S. machinery exports), based on average 1996-98 trade data. U.S. exports of U.S. transportation equipment would probably total $43 million to $55 million annually (less than 0.5 percent of total U.S. transportation equipment exports). The historical impact of sanctions on Cuba was significant, particularly during the 1960s, as Cuba was denied access to U.S. spare and replacement parts. Cuba eventually replaced and added machinery and transportation equipment, first from the Soviet bloc countries and later from Europe and Japan. Power generation machinery. Sanctions had a minimal historical impact on U.S. producers, who were able to find alternate markets for their products. In the absence of U.S. sanctions, exports of U.S.-made power generation machinery most likely would be small because of U.S. industry concerns about the Cuban regulatory environment. The historical impact of sanctions on Cuba was minimal, as the Soviet bloc countries provided Cuba with subsidized oil and technical and financial assistance. Most of Cuba’s power generation capability relies on old, inefficient facilities in need of upgrading, and a small number of joint venture projects with foreign investors are underway. However, the current Cuban regulatory environment would remain an obstacle to significant U.S. participation even in the absence of U.S. sanctions. Electronics goods. Sanctions had little historical impact on U.S. electronics goods companies because Cuba was a small market and alternative customers were quickly located. It is estimated that U.S. exports of electronics goods to Cuba in the absence of sanctions would be less than $20 million annually (less than 0.5 percent of total U.S. electronics goods exports), based on average 1996-98 trade data. Sanctions prevented Cuba from purchasing equipment compatible with U.S. equipment installed prior to 1960, and have limited Cuba’s access to the latest technologies. This has been a significant problem in the area of telecommunications equipment. Cuba has developed limited production capabilities that would pose no competitive threat to U.S. firms in the absence of sanctions. Medical equipment. The historical impact of sanctions on U.S. sales and employment was minimal because Cuba was a small market for U.S. medical goods. Some U.S. firms that already export to Latin American countries report that they would probably export small amounts to Cuba in the absence of sanctions. It is estimated that U.S. exports of medical equipment to Cuba in the absence of sanctions would total $6 million to $8 million annually (less than 0.5 percent of total U.S. medical equipment exports), based on average 1996-98 trade data. Sanctions generally had a small impact on Cuba, which was forced to obtain medical equipment from the Soviet bloc countries, Europe, and Asia, although Cuba may have faced higher prices and a less competitive marketplace without access to U.S. products. Cement. Sanctions limited U.S. access to nearby cement supplies, and forced U.S. consumers to pay somewhat higher prices as imports were obtained from more distant suppliers in Europe and Asia. Sanctions had no measurable historical impact on Cuba. In the absence of sanctions, it is estimated that 75 to 95 percent of Cuban cement exports would be directed to the U.S. market, equivalent to $19 million to $24 million annually (or 2 to 3 percent of total U.S. cement imports), based on average 1996-98 trade data. Given the high transportation costs associated with cement trade, most of the impacts would be felt in U.S. southern states. Plastics. Sanctions had a minimal impact on the U.S. plastics industry. It is estimated that the U.S. plastics industry could supply as much as 10 percent of Cuban imports in the absence of sanctions, equivalent to about $4 million annually (less than 0.5 percent of total U.S. plastics exports) based on average 1996-98 trade data. Although there was a small plastics industry in Cuba prior to 1958, the development of that industry continues to be impeded by Cuba’s lack of access to modern technologies and limited access to chemical feedstocks derived from petroleum. Tires. Sanctions had a small impact on the U.S. tire industry as manufacturers were able to find alternative markets for their products in Latin America and Asia. It is estimated that U.S. exports of tires to Cuba in the absence of sanctions would total $21 million to $25 million annually (or 1 percent of total U.S. tire exports), based on average 1996-98 trade data. Sanctions had a small historical impact on Cuba and do not appear to have significantly affected the Cuban tire industry. Sporting goods. Sanctions had no measurable impact on the U.S. sporting goods industry. Sanctions denied potential Cuban customers access to high quality U.S.-made sporting goods, forcing Cuba to import certain types of high-end sporting goods from Europe. It is estimated that U.S. exports of high-end, premium quality sporting goods (for top-level Cuban athletic teams, particularly those involved in international competition) would probably total $1 million to $2 million annually in the absence of sanctions (less than 0.5 percent of total U.S. sporting goods exports), based on average 1996-98 trade data. Cuban sporting goods would not likely be competitive in the U.S. market without significant foreign investment. 1. This paper is the executive summary for the United States International Trade Commission (USITC) study, The Economic Impact of U.S. Sanctions with Respect to Cuba, USITC Publication 3398, Investigation No. 332-413, February 2001. The entire report can be found on the USITC website at ftp://ftp.usitc.gov/pub/reports/studies/pub3398.pdf. The report was undertaken by a team of economists and industry analysts at the Commission. Jonathan R. Coleman was a project leader for the study and presented the paper at the ASCE meeting.

2019-04-21T02:49:57Z

https://www.ascecuba.org/asce_proceedings/the-economic-impact-of-u-s-sanctions-with-respect-to-cuba/

This paper reviews the literature on the macroeconomic impact of natural disasters and presents the IMF's role in assisting countries coping with natural catastrophes. Focusing on seven country cases, the paper describes the emergency financing, policy support, and technical assistance provided by the Fund to help governments put together a policy response or build a macro framework to lay the foundation for recovery and/or unlock other external financing. The literature and experience suggests there are ways to strengthen policy frameworks to increase resilience to natural disaster shocks, including identifying the risks and probability of natural disasters and integrating them more explicitly into macro frame-works, increasing flexibility within fiscal frameworks, and improving coordination amongst international partners ex post and ex ante. The occurrence of natural disasters has increased in frequency across the globe over the past 50 years. Estimates of the economic and financial losses from natural disasters have also risen. While the reporting of natural disasters has improved, these upward trends are due primarily to a documented rise in the number and intensity of climactic disasters, and to an increase in the concentration of people and physical assets in areas more exposed to disasters. Research has found that natural disasters have a significant negative impact on growth and poverty. The impact of disasters on an economy will depend on many factors like the nature of the shock, the size and structure of the economy, population concentration, per capita income, financial depth, governance, and openness. In the short term, disasters typically result in a contraction in economic output and a worsening in external and fiscal balances. The impact is sometimes alleviated by an increase in transfers from abroad. Natural disasters can also have a significant negative impact over the long term on poverty and social welfare. The poor have limited savings and access to credit, so are not able to supplement their incomes following a crisis. This can drive households into “poverty traps” with negative health and social effects (Hallegatte and Przyluski, 2010). Indeed, disasters have been found to have long-lasting consequences on psychological health and cognitive development (Norris, 2005; Santos, 2007). With the steady advance of urbanization in developing and middle-income countries and expectations of more intense natural catastrophes related to global climate change, the human and economic costs of natural disasters are likely to keep rising. While natural disasters cannot be prevented, the policy response will have an important impact on the speed of recovery. Moreover, the literature suggests that much can also be done ex ante to reduce the human suffering and economic costs of the impact of natural disasters. These include relocating communities from disaster-prone areas, enforcing building codes, holding food inventories as buffers against drought, and developing emergency response mechanisms. The macroeconomic policy response to a major catastrophe involves some combination of reserves drawdown, new financing, and macroeconomic adjustment. Adequate and timely external financing can help address immediate financing gaps and limit the need for contractionary macro policies that aggravate the adverse effects of the shock on the most vulnerable. The IMF has a specialized role in the panoply of external assistance to countries recovering from natural disaster. While absolute amounts of financing from the Fund are relatively low, the Fund can play a key role as first mover and financing catalyst. Against this backdrop, this paper highlights the role of the IMF in the international community’s disaster support infrastructure. Drawing on a sample of seven countries hit recently by major natural disasters (Haiti, Japan, Kenya, New Zealand, Pakistan, Samoa, and St. Lucia), it reviews elements of the Fund’s existing financing instruments and policy support that help countries mitigate the impact of disasters, and explores ways countries can strengthen their resilience to natural disaster shocks. Figures 1 and 2 present estimates of the incidence and people affected from natural disasters worldwide. While the number of events reported has dipped in the last 10 years, the number of people directly and indirectly affected by catastrophes, and their related costs, is rising. From floods in Pakistan, droughts in the Sahel, tornadoes in the U.S. Midwest, hurricanes in the Caribbean, mudslides in Central America, and earthquakes and tsunamis in the Pacific, many countries are faced with the consequences of some form of natural disaster. The data shows that natural disasters occur more frequently, and affect more people, in developing countries (Figures 3 and 4).2 Since the 1960s, about 99 percent (87 percent middle-income, 12 percent low-income) of the world population affected by disasters has lived in developing countries and 97 percent (32 percent low-income, 64 percent middle-income) of all deaths have occurred in developing countries. More specifically, Rasmussen (2004) compares the number of events to land area and to population, revealing that small island states have the highest relative frequency of natural disasters. In the Eastern Caribbean, for instance, a large natural disaster inflicting damage equivalent to over 2 percent of GDP can be expected to hit the region every two to three years (IMF, 2004). Advanced economies are better equipped to absorb the costs of disasters because of recourse to private insurance against risk, higher levels of domestic savings and fiscal revenues, and access to market financing if needed, and they often dedicate more domestic resources to reducing vulnerability ex ante, including, for example, enforcing building codes and having a developed emergency response infrastructure in place. It is well known that low-income countries (LICs), however, are more vulnerable to exogenous shocks, including natural disasters. Poor countries have a larger share of the population living in high-risk areas with weak infrastructure, and they rely more on sectors such as agriculture and tourism that depend directly on the weather (Rasmussen, 2004). Indeed, there is robust evidence that less diversified economies experience larger declines in consumption when earthquakes occur (Ramcharan, 2005b). There are several methodologies to quantify the cost of disasters, but there is no standard measure to determine a global figure for economic impact.3 Typically, the effects are measured in the literature as direct and indirect. Direct costs arise from the immediate loss of physical and human capital and crops, and the near-term loss of income from the disruption of economic activity in both the private and public sectors. Indirect losses are those not provoked by the disaster itself, but by its consequences. For example, a factory not damaged by an earthquake may suffer “business interruptions” from extensive power outages in the months following. Indirect costs spread throughout the economy over time and affect investment, output, the fiscal and external accounts, debt, and poverty. The dollar value of damage from natural disasters is much larger in advanced economies because the accumulation and concentration of valuable capital, and the potential losses, are much higher than in LICs. However, as a percentage of national output, the damage is usually much larger in developing countries. Middle-income countries are strongly affected by natural disasters in terms of GDP, as their asset bases are rising faster than their ability to absorb the cost of disasters (Ghesquiere and Mahul, 2010). In addition, their sectors are more interconnected than in LICs, yet they lack the systems and emergency coping mechanisms available in advanced economies (Benson et al., 2004). In addition, most small island states are classified as middle-income economies. The estimated damages from natural disasters over the past 50 years continue to rise, even though the incidence of disasters has declined somewhat in the past decade (Figure 5). The overall findings in the literature show that natural disasters have a significant negative impact on real GDP, though this differs by type of disaster (Hochrainer, 2009). Moderate disasters can in fact have benefits on economic growth rates via the investment boost from reconstruction activities, but severe disasters never have positive growth effects (von Peter, von Dahlen, and Saxena, 2012; Fomby, Ikeda, and Loayza, 2009; Loayza et al., 2009). Major disasters reduce real GDP per capita by about 0.6 percent on average, and this rises to about 1 percent in LICs (Raddatz, 2009; Fomby Ikeda, and Loayza, 2009). In terms of impact on GDP growth, disasters produce an estimated 0.7 percentage point drop in a country’s growth rate within the first year on average, leading to a cumulative output loss on average of about 1.5 percent over and above the immediate direct losses (von Peter, von Dahlen, and Saxena, 2012). Higher education levels, greater openness, and greater financial sector depth are associated with lower costs from natural disasters. Among climactic disasters, droughts have the largest average impact, with losses of 1 percent of GDP per capita, and over 2 percent per capita in LICs (Raddatz, 2009; Loayza et al., 2009). In small island states, hurricanes have a larger estimated impact, resulting on average in a 3 percent decline in per capita GDP (Raddatz, 2009). The growth rate the year of the disaster in the sample countries compared in this study ranged from a contraction of 5.5 percent in Haiti to an expansion of about 1.3 percent in New Zealand. Major natural disasters usually result in a worsening in the external accounts. As economic activity is disrupted, export earnings decline and imports of food and reconstruction materials push up the import bill, together contributing to a deterioration in the trade balance. The external current account often deteriorates, although this is usually alleviated by higher inflows of official assistance and private remittances. For example, the yen experienced a sharp appreciation immediately after the earthquake on speculation about sizable repatriation flows by insurance companies and households. Natural disasters can have an important negative impact on the fiscal accounts and public debt, though this depends on how governments respond to the disaster. Typically, fiscal revenues decline as economic activity declines, while at the same time emergency relief and reconstruction lead to a surge in government expenditures. For middle- and upper-income countries, Melecky and Raddatz (2011) find that disasters boost expenditures by about 15 percent and lower revenues by 10 percent, leading to an overall increase in budget deficits by 25 percent compared to initial levels. Whether this affects fiscal sustainability depends on how the recovery costs are financed. They also find that countries with more developed financial systems suffer less in terms of output losses, but fiscal deficits expand more in these countries. Countries with deeper financial systems that also have a high rate of insurance penetration suffer smaller real losses as well, but do not incur expansions in fiscal deficits. In LICs, the impact is more pronounced, including over time on poverty and social welfare. Divestment of limited physical capital by the poor after disasters—such as the sale of livestock to fund current consumption—can lead to long-term declines in productive capacity. Indirect effects, including higher inflation, also tend to hurt the poor disproportionately because they have limited labor skills and their consumption basket is heavily weighted toward food. Countries whose deficits are financed mostly with grants and have strong donor support are able to adjust more quickly, but in many cases government borrowing and public debt increase relative to GDP. This was the case for most of the countries in our sample. The seven case studies reviewed in this paper present a cross sample of countries and recent types of natural disasters. Basic information on these cases—Haiti, Japan, Kenya, New Zealand, Pakistan, Samoa, and St. Lucia—is presented in Table 1 and provides a snapshot of the wide range of impact and costs (see also Appendix II). The magnitude of the destruction on the stock of capital was largest in Haiti and St. Lucia, while the impact on output the year of the disaster was largest in Haiti, which contracted by 5.5 percent. Japan experienced a decline in real GDP growth of 0.7 percent after expanding by over 4 percent the year before. While the direct cost of the tsunami in Japan is estimated at about 4 percent of GDP, the effects were widespread because of electricity shortages in the Kanto region, which accounts for 40 percent of GDP, supply chain disruptions affecting production nationwide, and a sharp decline in sentiment following the earthquake, which weighed heavily on domestic demand. On the other hand, the sizable cost of the quakes in New Zealand, estimated at about 10 percent of GDP, had less impact on output. Despite the extensive damage to residential and commercial buildings, most of the manufacturing and agriculture sectors were largely unaffected. Real GDP grew by 1½ percent in 2011 as elevated commodity export prices and favorable agricultural conditions also helped offset the adverse impact. Reconstruction is expected to boost investment and aggregate demand in New Zealand over the medium term. In Samoa and St. Lucia, the two other small island states in the group, the damage from the disasters was relatively high, at 15 percent and 43 percent of GDP, respectively, and activity stagnated in both countries the year of the disaster. Understanding the scope and nature of loss estimates is important for designing and implementing an effective policy response, mobilizing external financing and assistance, designing strategies for sovereign natural disaster insurance, and tracking insurance coverage and payouts. It is also essential for assessing the desirability of prevention and mitigation measures. As indirect losses are a major component of the total welfare loss emanating from a natural disaster, including them is necessary for disaster risk management design. Two sources of indirect losses usually not included are human capital losses and environmental destruction. Aside from the human tragedy, these are likely to represent sizable losses with long-term damage to economic productivity. For example, the 2010 earthquake in Haiti killed one out of every three civil servants, 1,200 teachers and over 500 health professionals. Natural disasters can place huge cash demands on government treasuries and foreign reserves on short notice. Policymakers must decide whether to finance emergency-related spending and balance of payments shortfalls, or to reduce or divert spending to cover immediate needs, or a combination of both. External financing can reduce the need for policies that lower government spending and aggregate demand and worsen adverse effects from the shock. Aside from urgent humanitarian dimensions, the right mix will depend on many factors, including whether the natural disaster impact is temporary or permanent, the strength of the country’s fiscal position and external balance, the exchange rate, and the availability of domestic and external financing. If the disaster shock is deemed temporary, it makes sense to finance the impact to help maintain the incomes of those hit hardest by the disaster, as well as the very poor who will be hurt by things like shortages and food price hikes. Income support for the very poor after a natural disaster can help avoid permanent welfare losses over time. Research has shown that a contraction in per capita income increases poverty more than an equivalent increase in income decreases poverty (IMF, 2003). This asymmetry suggests that consumption smoothing for the poor after a disaster can produce large welfare gains. If the disaster impact is permanent, the country must eventually adjust to the new normal. But that could take time and it may be difficult to reallocate spending rapidly toward relief and recovery. Typically the policy response involves some combination of reserves drawdown, new financing, and macroeconomic adjustment. External financing, remittances and overseas development assistance (ODA) flows can help address immediate needs and smooth the recovery process. While earlier research showed no effect, recent empirical work has found that greater aid flows and remittances do help reduce the macroeconomic consequences of disasters (Hochrainer, 2009). The IMF contributes importantly to this, including as a first mover and catalyst for other lenders. The Fund’s mandate is to make resources available to members to provide them “with opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity.” This gives the Fund a clear shock-financing role to provide temporary balance of payments support in the aftermath of a natural disaster. In addition to financing, the IMF offers policy advice as part of regular economic surveillance, as well as technical assistance. The IMF’s financing instruments continue to evolve over time. Over the past five years, the Fund’s lending toolkit has undergone further significant renovation, moving it toward a set of instruments designed to provide more flexible and country-tailored support. The full list of current facilities is described in Box 1. A number of these can be accessed to meet emergency needs related to natural disasters. The amounts that can be drawn are typically, but not always, based on the country’s quota—its capital subscription to the IMF—and there are concessional facilities designed specifically for LICs. Most emergency financing related to natural disasters has been extended through a previous facility dedicated to that purpose, but also by augmentations to existing arrangements (Figure 6). Since 1962, when it approved Egypt’s request to cover temporary liquidity needs caused by crop failure, the Fund has provided emergency financial assistance explicitly for purposes related to natural disasters in 42 cases for 27 countries in response to hurricanes (20), droughts and floods (13), earthquakes (7), and tsunamis (2), for a total amount of about $2.8 billion. As augmentations to existing arrangements, the Fund has provided assistance for disaster relief purposes in 12 cases, mostly for LICs. At present, emergency financing on nonconcessional terms can be provided to all members under the Rapid Financing Instrument (RFI), the Flexible Credit Line (FCL), and the Precautionary and Liquidity Line (PLL)—pending qualification, or as an augmentation under a existing Stand-By Arrangement (SBA) or Extended Fund Facility (EFF) (Box 1). All non-concessional facilities are subject to the IMF’s market-related interest rate, the rate of charge. The countries reviewed for this paper that received Fund financial assistance did so under the Emergency Natural Disaster Assistance (ENDA) policy, the RCF, and under augmentations to existing ECF and ESF programs (Table 2). The Fund approved an ECF augmentation of US$102 million to Haiti, which was followed by debt stock relief of US$268 million under the Post-Catastrophe Debt Relief (PCDR) Trust.5 The PCDR allowed the Fund to join international debt relief efforts to free up resources for emergency needs. A new ECF-supported arrangement with Haiti was approved in July 2010. After the devastating floods in Pakistan in 2010, the authorities requested assistance under the ENDA, which provided rapid and flexible financial assistance not linked to any program-based conditionality. The upfront disbursement of $450 million was directed toward humanitarian needs and to help finance the government without overburdening the domestic financial market or depleting foreign exchange reserves. In addition to the humanitarian crisis provoked by the drought in Kenya, it led to significant food inflation with adverse impacts on rural households and the urban poor. In December 2011, the IMF augmented the financial assistance it was providing under a three-year ECF reform program from US$509 million to US$760 million to help the country maintain an adequate level of foreign reserves. After the 2009 tsunami, the IMF approved an ESF-RAC (Rapid Access Component) for Samoa, while St. Lucia received IMF financing under the ENDA and RCF following Hurricane Tomas in 2010. The loan to St Lucia complemented other donor financing and the payout received from the Caribbean Catastrophic Risk Insurance Facility (CCRIF) to tackle urgent rebuilding needs.6 In all cases, Fund assistance was not large in absolute terms, but was viewed as instrumental in unleashing funding from bilateral donors and other international financial institutions (IFIs). The latest global crisis highlighted the need for a more effective global financial safety net to help countries cope with adverse shocks. A key objective of the recent lending reforms was therefore to develop more effective tools for crisis prevention or mitigation, as a complement to the traditional crisis resolution role of the IMF. Broader recognition of the need for financing for contingencies thus is reflected in the new set of Fund facilities. Are these adequate to respond to potential financing needs generated by natural disasters? The two headline instruments for emergency financing are the RFI and the RCF. These were introduced to replace and broaden the scope of several earlier emergency assistance facilities. The RFI provides rapid financial assistance with limited conditions to all members facing an urgent balance of payments need, including those arising from natural disasters. The RFI is designed for situations where a full-fledged economic program is either not necessary or not feasible, although the member requesting assistance is required to cooperate with the IMF to make efforts to solve its balance of payments difficulties. The RCF provides rapid financial assistance with limited conditionality to LICs facing an urgent balance of payments need. The RCF streamlines the Fund’s emergency assistance for LICs, can be used flexibly in a wide range of circumstances, and is available when a full-fledged program is not necessary or feasible. It also provides assistance on more concessional terms compared to the previous ENDA. In recent years, the Fund has introduced instruments that provide countries with contingent credit lines that can be accessed immediately in case of shocks, including natural disasters: the FCL, PLL, and to some extent the SBA and SCF (available for LICs) on a precautionary basis. The PLL and FCL are for countries with strong fundamentals and policies, and track records of policy implementation. The FCL has no ex post conditions, no caps on amounts, and countries can draw on it at any time over its term. Both facilities are based on ex ante qualifications and, in the case of the PLL, with conditionality aimed at addressing vulnerabilities identified during the qualification process. Recent experience suggests that changes to the IMF lending toolkit are headed in the right direction (IMF, 2011a, 2012). The RCF since 2010, and before that the Rapid Access Component of the Exogenous Shocks Facility (ESF), have provided rapid low-access financing in a wide range of emergency situations, with 14 countries having requested support since 2008 and the strongest demand coming from small economies hit by natural disasters (IMF, 2012). Staff also found that countries supported by an IMF program, including through emergency assistance, were able to increase real spending, including social spending, more than non-program countries, and that Fund financing was positively associated with short-term growth and indicators of economic stability (IMF, 2012). What other financing options are available to countries to minimize the adverse impact of shocks? Other international financial institutions provide an array of instruments to support countries ex post and ex ante. These include programs by the United Nations and many of its agencies, the World Bank, and all of the regional development banks. Independently, countries can consider market-based financing mechanisms such as catastrophe insurance/reinsurance, catastrophe bonds, securities indexed to disaster-related triggers, deferred repayment loans, derivatives and hedging instruments, and risk pooling to finance insurance against disasters. Unfortunately, for many developing countries most susceptible to shocks, the cost of these tools can be prohibitive, the technical capacities are lacking, and the related opportunity costs high. Further research and cooperation is needed to improve the availability of financial protection for the state against disasters among developing countries. While the issue is gaining attention and becoming an important element of the disaster risk management framework, particularly at the World Bank, it is generally beyond the role of the IMF. The IMF is expected to provide financial support for countries with balance of payments needs after other financing and macro adjustment is considered. This residual financing role implies that IMF financing mainly be determined ex post (IMF, 2011b; Clarke and Mahul, 2011). That said, the SCF is available on a precautionary basis, the RCF makes it easier to access financing in the event of shock, and the PCDR can provide debt flow and possibly debt stock relief after a natural disaster. Together these products make financing more predictable and accessible for LICs than it was previously, with the advantages of well-defined triggers. Compared to earlier instruments, they also have terms and conditions that are more streamlined and tailored to the borrowers’ needs and circumstances. While in many instances, balance of payments difficulties will be transitory, ill-conceived policies can compound problems caused by the disaster. The IMF collaborates with country authorities to provide policy advice and technical assistance on an ongoing basis as part of Article IV surveillance or in the context of a Fund-supported program.9 The case studies reviewed for this paper provide a profile of the type of policy engagement that takes place between Fund staff and government officials struggling with the tough decisions in the aftermath of tragedy. Details about each case are presented in Appendix II. A summary of the key issues and lessons is presented below. Haiti: Despite an extended period of political instability after the 2012 earthquake, the authorities made considerable progress in key areas, particularly revenue collection and administration reforms. The Fund-supported program and comprehensive technical assistance (35 visits as of July 2012) contributed significantly to restoring macro stability. Reconstruction has also provided an opportunity to make some sectors stronger than they were before the earthquake. For example, there are now more children in primary school and more paved roads. The biggest challenge to reconstruction, and absorption of the sizeable foreign financial assistance pledged, is weak capacity and the absence of central coordination. While less relevant for Fund policy assistance, better coordination and prioritization may have resulted in faster reconstruction. Kenya: The drought in the Horn of Africa hit Kenya at a time when the economy was already dealing with excess demand and credit growth that had led to high inflation, a worsening of external balances, and currency depreciation. The ECF program provided funds to alleviate external pressures related to the drought, while also supporting needed adjustment. In addition, the macro framework explicitly provided room for public investments in alternative energy, irrigation schemes, market mechanisms for the production and distribution of cereals, and road infrastructure—long-lasting solutions to shield the country from the negative social, economic, and environmental impacts of drought. Japan: The Fund consulted extensively with the Japanese authorities following the 2011 earthquake. The Fund supported the central bank’s decisive action to inject liquidity, launch a loan program for financial institutions, expand asset purchases, and intervene with G-7 partners to stabilize the exchange rate. Japan was also able to mount a decisive fiscal response, though adjustment had to rely mainly on new revenue sources. An obvious lesson from the Japan experience is that more fiscal space is desirable for crisis mitigation and resolution. Other countries with less-developed financial sectors and more shallow pools of domestic savings would have had a more difficult time. The experience also underlines the importance of undertaking growth-enhancing structural reforms, including raising labor participation among the elderly, women, and youth, pursuing trade liberalization, and promoting small enterprise restructuring. New Zealand: While the two Canterbury earthquakes caused considerable damage to the economy (10 percent of GDP), the high level of insurance coverage (6 percent of GDP) transferred effectively much of the cost of reconstruction onto the global insurance market. This, together with New Zealand’s low public debt, allowed the government to accommodate earthquake-related spending without cutting other spending. Given the weakening of the economic outlook after the February 2011 earthquake, Fund staff supported the reduction in the policy rate by 50 basis points and also stressed that monetary policy would need to be tightened if the recovery proceeds as expected. Pakistan: The devastating 2010 floods added new challenges to an already difficult economic scenario. In the context of growing imbalances (the Fund-supported SBA previously in place had gone off track in June 2010), revenues fell further and higher spending was needed to help affected people and businesses. The IMF responded promptly with emergency funds. Ongoing policy discussions centered on measures to reduce the budget deficit and assure fiscal sustainability, reduce inflation, and protect the external position. The Fund encouraged the authorities to work with the World Bank to establish an enhanced framework for monitoring donor contributions. Samoa: After the 2009 tsunami, Samoa reviewed its development program rapidly and integrated existing investment projects into an overall recovery plan. This helped focus resources on key priorities and garner donor support. The government boosted public spending to pay for a large reconstruction program that included measures to reduce risks such as resettlement and infrastructure investment. Despite the large component of grant assistance and remittances, the fiscal deficit increased by over 3 percent of GDP to 7.5 percent within a year and stayed high thereafter, and external public debt rose by over 8 percent of GDP. Fiscal consolidation is now required to bring down the debt level and rebuild policy buffers, though there has been some resistance to such consolidation efforts. The Central Bank of Samoa extended relief to the private sector by lending directly through the country’s development bank. With a slow recovery, nonperforming loans in the development bank increased, while the loan quality of some commercial banks also deteriorated. The government assumed bad loans to state enterprises equivalent to 3½ percent of GDP. The authorities committed to use only concessional assistance to finance tsunami-related reconstruction. St. Lucia: Immediate rehabilitation and emergency expenditure after the 2010 hurricane was financed through the reallocation of the investment budget and external financing, including US$3.2 million from the CCRIF. Fund financing under the ECF and ENDA helped meet immediate foreign exchange needs and played a catalytic role in mobilizing financing from other international financial institutions and donors. The authorities also committed to use only concessional funding to finance hurricane-related reconstruction. As resources are diverted on short notice to emergency spending, reprioritization of development expenditure will be needed. Greater attention to advance planning for disaster contingencies in the budget process could improve outcomes. Fiscal frameworks should provide the space and flexibility to redeploy spending rapidly, and to mesh existing investment projects into an overall recovery plan. Efforts are needed to improve coordination between multilateral institutions, bilateral donors, the authorities, and the civil society organizations, particularly in countries where administrative capacities are limited. Natural disaster assistance to the private sector should be provided in a way that ensures transparency and minimizes contingent liabilities to the state. Reconstruction could provide an opportunity to accelerate growth-enhancing structural reforms. Pre-disaster weaknesses and vulnerabilities could be addressed with reforms that encourage competition and modernization beyond standards existing before the crisis. Designing a comprehensive policy framework for dealing with natural disasters should involve an assessment of the following core pillars: risk assessment and reduction (retention), self-insurance, and risk transfer (insurance).10 These involve elements of ex post emergency response as well as ex ante preparation and mitigation. Identifying and reducing risk are necessary to lower the impact of disasters once they occur. The first pillar involves identifying risks by studying data on geographic, environmental, and social vulnerabilities, and building these assessments into medium-term development plans. Risk reduction, the second pillar, involves structural and sectoral reforms to lower physical vulnerabilities. Examples include relocating communities from disaster-prone areas, strengthening implementation of building codes, retrofitting existing buildings, or building dams or reservoirs in drought-prone areas. While costly up front, this is the best way to deal with shocks with the largest return over the long term. The third pillar is self-insurance: building sufficient savings and reserves in good times to draw down in the event of disaster.11 External borrowing and mechanisms like stabilization funds and buffer stocks could also help mitigate the impact of natural disasters.12 However, particularly in developing countries, self-insurance and other ex ante mitigation mechanisms could be costly and will divert scarce resources from much needed infrastructure and social spending. It is therefore important to evaluate the likely ex post impact and the probability of disasters occurring. The fourth pillar is risk transfer—insurance—which transfers risk externally to capital markets and investors.13 This provides the best channel to reduce the costs of major disasters and provide rapid capital for reconstruction. Recent empirical work shows that countries with deeper insurance penetration have the best outcomes in terms of lower output and welfare losses in both the near and long term (von Peter, von Dahlen, and Saxena, 2012). Underpinning this framework is an important trade-off: the cost, in present value terms, of coping “after the fact” with major disasters as compared to the costs (including opportunity costs) of allocating resources ex ante towards insurance, self-insurance, and spending to reduce disaster risks. In theory this depends on the relative rates of return; in practice, it is difficult to assess. It may not be clear whether the opportunity costs in low-income countries justify the expected return, particularly considering that post-disaster financial assistance is highly or fully subsidized. The provision of emergency aid to developing countries acts as a strong but rational motivation for under-investing in risk reduction. Haiti, for example, received pledges of US$9.9 billion after the earthquake, 1½ times the value of nominal pre-quake GDP. Hypothetically, the costs to the country of obtaining equivalent insurance coverage would have been prohibitive. Given the large amounts of international financial assistance provided sometimes to countries after natural catastrophes, there could be scope for strengthening international consultation and donor coordination to develop ways to encourage the allocation ex ante of donor assistance toward risk reduction, at least in countries prone to disasters. Over time this could have a higher return than emergency assistance ex post (and could save more lives). The same moral hazard forces act within a country between the public and private sectors, where households expect the state to cover post-disaster needs. For example, in Indonesia, most of the destruction from the 2004 tsunami was of private sector assets and activities of lower-income groups in fishing and farming. Since these groups had no insurance coverage, the government assumed almost all of the recovery costs. Separating public risk from private risk poses difficulties for developing the right disaster risk framework. The inability to calculate public risk, and the assumption that all private sector risks will be assumed by the state, has been an important barrier to the adoption of risk-transfer mechanisms in developing countries (Ghesquiere, Mahul, 2010). Incorporating all four pillars of a comprehensive policy approach, and taking into consideration the moral hazard factors at play, one can appreciate the considerable challenges to integrating risk management systematically and effectively into macro frameworks. For its part, the Fund has made some contributions toward mainstreaming risk management into macro frameworks. The Fund proposed a framework for the disclosure and management of fiscal risks that helps identify vulnerabilities, elaborate scenarios, and prioritize areas of risk mitigation. These guidelines also lay out the administrative framework needed to manage fiscal risks and provide practical ideas for preparing in advance (IMF, 2008). The Fund proposed ideas on ways to improve sovereign debt structures to make them more resilient to crisis (IMF, 2004). For countries vulnerable to natural disasters, the study discussed instruments that hedge against commodity price shocks and bonds indexed to an economic indicator like GDP. The latter, for example, would provide higher payments when GDP growth is strong and lower payments after a natural disaster. The paper also highlighted some of the practical difficulties that have hindered development of these instruments. The IMF has also increased its risk assessment practices as part of individual country work and at a broader multilateral level (e.g., Early Warning Exercise). However, these tools do not identify explicit risks related to natural catastrophes. Assessing risks and incorporating statistical probabilities about natural disasters into macro frameworks to reflect their contingent costs could be a valuable contribution to helping governments determine the optimal mix of risk retention (reserves, financing) and risk transfer—at least in regions prone to natural disasters. The World Bank has developed a Natural Disaster Risk Financing Framework for this purpose. It helps countries design a national disaster risk financing strategy based on low, medium or high “risk layers” (Clarke, Mahul, 2011). This paper reviews the literature on the macroeconomic impact of natural disasters and in that context, presents the Fund’s role in assisting countries coping with the difficult challenges they pose. Focusing on seven country cases, policy advice, and financing modalities, the paper illustrates the supportive role played by the IMF in helping countries recover from natural disasters. Fund emergency financing, policy support, and technical assistance have helped governments put together a policy response or build a macro framework that laid the foundation for recovery and/or unlocked other external financing. Further research on the effects of IMF financing in support of natural disasters on growth and fiscal balances would help to inform future deliberations on IMF support to members hit by natural disaster shocks. The design of the macro policy response could give greater attention to: (i) advance planning for disaster contingencies by ensuring sufficient fiscal space and flexibility within fiscal frameworks to redeploy spending rapidly and to mesh existing investment projects into an overall recovery plan; (ii) recommending that disaster assistance to the private sector be provided in a way that ensures transparency and minimizes contingent liabilities to the state; (iii) using reconstruction as an opportunity to accelerate growth-enhancing structural reforms; and (iv) examining whether disasters have contributed to a weakening in competitiveness. There is a case for identifying the risks and probability of natural disasters, and integrating them more explicitly into macro frameworks. For developing countries, a rough cost-benefit analysis on the trade-offs between the cost of risk transfer and self-insurance versus an ex-post-only approach might be useful to guide governments on how much to self-insure and how much to allocate to capital spending to mitigate the impact. Coordination between multilateral institutions, bilateral donors, the authorities and civil society organizations could be improved significantly, particularly in countries where administrative capacities are limited. The availability of insurance appears to significantly reduce the real costs of disasters without raising fiscal burdens. This is borne out in the literature and by the experience in our small country sample. IFIs could explore ideas about how to help regions and countries develop insurance markets. Since the availability of emergency financing ex post acts as insurance of last resort and limits country incentives to mitigate the costs of disasters, there could be scope for improved international consultation and donor coordination to develop ways to encourage the use of ex ante donor assistance toward risk reduction, which is likely to have a higher return than emergency assistance ex post. Nonconcessional loans are available to all IMF members facing urgent balance of payments needs. All non-concessional facilities are subject to the IMF’s market-related interest rate, known as the “rate of charge,” and large loans (above certain limits) carry a surcharge. The rate of charge is based on the Special Drawing Right (SDR) interest rate, which is revised weekly. Low-income countries (LICs) may borrow on concessional terms through certain facilities that became effective in January 2010 under the Poverty Reduction and Growth Trust (PRGT), when interest rates on concessional loans were reduced to zero for one year and subsequently extended until the end of 2013 (2012 for Standby Credit Facility loans). The interest rate is reviewed every two years henceforth. The maximum amount that a country can borrow, known as its access limit, varies depending on the type of loan, but is typically a multiple of the country’s IMF quota—its capital subscription. Certain facilities (below) have no pre-set cap on access. 1. The Stand-By Arrangement (SBA) is designed to address short-term balance of payments problems. Program targets aim to address these problems and disbursements are conditional on achieving targets (‘conditionality’). The length of a SBA is typically 1-2 years, and repayment is due within 3¼–5 years of disbursement. SBAs may be provided on a precautionary basis—where countries choose not to draw but retain the option to do so—both within the normal access limits and in cases of exceptional access. The SBA provides for flexibility with respect to phasing disbursements. 2. The Flexible Credit Line (FCL) is for countries with very strong fundamentals and policy track records and is useful for both crisis prevention and crisis resolution. FCL arrangements are approved, at the member’s request, for countries meeting pre-set qualification criteria. The length of the FCL is 1–2 years and the repayment period is the same as for the SBA. Access is determined on a case-by-case basis, is not subject to the normal access limits, and is available in a single up-front disbursement. FCL disbursements are not conditional on implementation of specific policies. Members may draw on the FCL at the time of approval or treat it as precautionary. Repayment term is the same as under the SBA. 3. The Precautionary and Liquidity Line (PLL) replaced the Precautionary Credit Line and can be used for both crisis prevention and crisis resolution purposes by countries with sound fundamentals and policies, and a sound policy track record. PLL-eligible countries may not meet all of the FCL qualification standards, but do not require the large-scale policy adjustments normally associated with SBAs. The PLL combines qualifications with ex post conditions monitored semi-annually. Duration of PLL arrangements can be from six months to two years. Access under the six-month PLL is limited to 250 percent of quota, but can be raised to 500 percent of quota in exceptional circumstances where the balance of payments need is due to exogenous shocks. One to two-year PLL arrangements are subject to an annual access limit of 500 percent of quota and a cumulative limit of 1,000 percent of quota. The repayment term is the same as for the SBA. 4. The Extended Fund Facility (EFF) was established in 1974 to help countries address medium- and longer-term balance of payments problems reflecting extensive distortions that require fundamental and sustained economic reforms. Arrangements under the EFF are thus longer than SBAs—normally not exceeding three years at approval but with a maximum duration of up to four years predicated on the existence of a balance of payments need beyond the three-year period, the prolonged nature of the adjustment required to restore macroeconomic stability, and the presence of adequate assurances about the member’s ability and willingness to implement sustained structural reforms. Repayment is due within 4½–10 years from the date of disbursement. 5. The Rapid Financing Instrument (RFI) was introduced to replace and broaden the scope of earlier emergency assistance policies. The RFI provides rapid financial assistance with limited conditionality to facing an urgent balance of payments need. Access under the RFI is subject to an annual limit of 50 percent of quota and a cumulative limit of 100 percent of quota. RFI loans are subject to the same repayment term as the FCL, PLL and SBA. 6. The Extended Credit Facility (ECF) succeeds the Poverty Reduction and Growth Facility as the Fund’s main tool for providing medium-term support to LICs with protracted balance of payments problems. Financing under the ECF carries a zero interest rate, with a grace period of 5½ years, and a final maturity of 10 years. 7. The Standby Credit Facility (SCF) provides financial assistance to LICs with short-term balance of payments needs and can be used in a wide range of circumstances, including on a precautionary basis. Financing under the SCF currently carries a zero interest rate, with a grace period of four years, and a final maturity of eight years. 8. The Rapid Credit Facility (RCF) provides rapid financial assistance with limited conditionality to LICs facing an urgent balance of payments need. The RCF streamlines the Fund’s emergency assistance for LICs, and can be used flexibly in a wide range of circumstances. Financing under the RCF currently carries a zero interest rate, has a grace period of 5½ years, and a final maturity of 10 years. The Policy Support Instrument (PSI) does not provide direct financing, but provides explicit Fund endorsement of LICs’ economic policies. It is a nonlending arrangement that provides policy support and signaling for LICs that have made significant progress in recent years toward economic stability and no longer require IMF financing. Fund policy advice focused up front on keeping cash moving, ensuring basic functioning of the treasury and payments system, and maintaining financial sector stability. These hands-on efforts were closely coordinated with other donors’ interventions. Compared, for example, to the nature of Fund policy advice in other countries, this reflects the depth of the destruction, the challenges relating to basic infrastructure, and the administrative and technical capacity issues in the country. Over time, Fund staff focused energies on building an arrangement, in close consultation with the authorities, that would provide a coherent macroeconomic framework to boost growth and combat poverty in the context of the National Action Plan. Together with financing, the Fund has since provided comprehensive technical assistance to help the authorities restore basic state functions and undertake much-needed reforms in the fiscal, financial, and monetary areas. By end-July 2012, more than 35 technical assistance visits had been fielded covering tax policy, revenue administration, financial sector development, exchange rate policy, legal, and statistics. While the country has since experienced prolonged political instability, the steady implementation of appropriate policies by senior officials has continued to foster macro stability and deliver on program objectives, particularly in the area of revenue administration reforms. At this time, capacity constraints pose the biggest challenge for the goals of reconstruction and poverty reduction. Despite a period of political instability, the authorities maintained macro stability and made considerable progress in key areas, particularly revenue collection and administration reforms. Reconstruction has also provided an opportunity to make some sectors stronger than they were before the earthquake. For example, there are now more children in primary school and more paved roads. The biggest challenge to physical reconstruction, and absorption of the sizable amount of foreign financial assistance, is related to weak capacity and the absence of central coordination. There is a need for better coordination and prioritization and human resource development. The drought in Kenya in 2011 affected over 4 million, consistent with the literature showing that droughts affect the highest share of populations and cause the most adverse impact on welfare in developing countries. The impact on same-year GDP is estimated at about 0.4 percent. Food prices soared and a shift from hydrological to diesel-generated power led to a marked widening of the current account deficit in a context of high inflation and currency depreciation. This undermined the activities of a manufacturing sector that was faced with higher operating costs as well as frequent power disruptions. The domestic price of maize, a staple food crop, increased by more than 150 percent, and about 5 percent of Kenya’s livestock population was wiped out. The authorities immediately reallocated spending by about 0.3 percent of GDP to help the most vulnerable. The ECF-supported program aimed to help restore macro stability, build reserves, and stabilize the exchange rate, while also recognizing the recurring nature of droughts and the need for long-term solutions. The program focuses on medium-term fiscal consolidation as a means of rebuilding the reserve buffers that would allow fiscal policy to respond proactively should a new drought occur. At the same time, the macroeconomic framework explicitly provides room for public investments to reduce the country’s dependence on costly oil for thermal power generation, notably through the inclusion of renewable energy projects under the ceiling for nonconcessional borrowing. Combined with the joint efforts by the Government of Kenya, World Bank, and other development partners to invest in irrigation schemes, enhance market mechanisms for the production and distribution of cereals, and improve road infrastructure for access to drought-prone areas, the IMF’s financial support, policy advice, and technical assistance aim to help the government create long-lasting solutions to shield the country from the negative social, economic, and environmental impacts of drought. Immediately following the Japan earthquake, the monetary authorities took swift and decisive action, conducting coordinated and decisive liquidity injections, launching a loan program for financial institutions affected by the quake, and expanding asset purchases. The Financial Services Agency also contributed, for example, by relaxing conditions for bank recapitalization for regional banks affected by the disaster. Concerted intervention in coordination with the G-7 in mid-March contributed to stabilizing the exchange rate, reduced contagion risks to other asset classes, and mitigated the effects on exports. The IMF’s support focused on policy advice. Fund staff consulted on an ongoing basis with the authorities and supported their response, which was effective at stabilizing financial markets. The Fund also suggested scaling up the use of unconventional measures to ward off deflation risks and support the recovery, recommending that policies protect against risks of a prolonged economic slowdown and higher market volatility given banks’ significant holdings of government bonds and equities. In this respect, the Fund felt that the central bank could further increase its purchases of longer-dated public securities and expand its asset purchase program for private assets. Despite concerns about fiscal sustainability, the authorities managed to implement a decisive fiscal response without adverse market reaction. Through existing funds and a series of supplementary budgets, the government has allocated about 3.8 percent of GDP to reconstruction so far. Key expenses included temporary housing, public works, support for financing of small and medium-sized enterprises, earthquake-related transfers to local governments and individuals, and employment benefits and subsidies. Despite the introduction of a temporary tax for reconstruction spending that increases the corporate tax rate by 10 percent (from 25.5 percent to 28.05 percent), the effective corporate tax rate declined from 41 percent to 38 percent in April 2012 following a reduction in the original corporate tax rate from 30 percent to 25.5 percent. The stimulus had only a modest impact on the debt trajectory, which contributed to keeping Japanese government bond yields stable and the impact on sovereign credit default swaps muted. Japan was able to mount a decisive fiscal response, despite preliminary concerns about fiscal sustainability. Other countries with less-developed financial sectors and shallow pools of domestic savings may have had a much more difficult time. Thus a key observation from the Japan experience is that fiscal space is a key component of crisis mitigation and resolution. The Fund supported the immediate focus of fiscal policy to revive growth, but to limit bond issuance and strengthen commitment to fiscal reform. The Fund also suggested that reconstruction spending be financed by new tax measures, including through a moderate increase in the consumption tax, and take place within a credible medium-term consolidation strategy. Appropriately, the fiscal stimulus was staged as revised estimates of the size and nature of the damage became available. The two Canterbury earthquakes caused damage to the economy estimated at about 10 percent of GDP, much higher than in many other natural disaster cases. The earthquakes led to a jump in public expenditure by 6 percent of GDP (on an accrual basis) between 2010–11, with about 60 percent funded by the Earthquake Commission, New Zealand’s primary provider of natural disaster insurance to residential property owners. New Zealand households and firms had extensive property insurance and there is a high level of reinsurance, meaning the majority of privately insured losses will be borne by global insurers rather than New Zealand insurance companies. The total reinsurance payments related to the two earthquakes are estimated at $NZ 12.5 billion (6 percent of GDP). The proportion of insured loss, likely to be at least 50 percent, is high by the standards of other major earthquake events. Following the second earthquake, the central bank reduced the policy rate by 50 basis points to limit downside risks and the Reserve Bank worked closely with banks and other companies to ensure the availability of cash in Christchurch. Given the weakening of the economic outlook, Fund staff supported this response, and also recommended a gradual return to neutral policy rates once the recovery proceeds as expected. While the quakes worsened the fiscal deficit significantly in the short term, pushing up the fiscal deficit by 4½ percent of GDP in 2010/11, assets of the government-run Earthquake Commission and its overseas reinsurance helped the recovery efforts without putting a big strain on the government’s fiscal position. Staff agreed with the authorities’ plans to return the fiscal accounts to a small budget surplus by 2014/15, one year ahead of the government’s earlier plan, stressing that this would create fiscal space as a buffer against future shocks and would also relieve pressure on monetary policy and hence the exchange rate, helping rebalance the economy and contain the current account deficit. Moreover, the fairly deep insurance penetration in New Zealand appears to have helped limit the impact of the disaster on growth, consistent with the literature. The country experienced the worst floods in its history in the summer of 2010. More than 18 million people—about 10 percent of the total population—in half of the districts in Pakistan were affected. The floods destroyed or damaged nearly 2 million homes and did extensive damage to roads, telecom and energy infrastructure, crops, and livestock. The authorities requested assistance under the ENDA, which provided rapid and flexible financial assistance not linked to any program-based conditionality. The upfront disbursement of $450 million was directed toward humanitarian needs and to help finance the government without overburdening the domestic financial market or depleting foreign exchange reserves. The Fund supported the authorities’ plan to work with the World Bank to monitor the use of aid flows to ensure accountability and transparency. Although it is difficult to estimate the exact economic impact of the floods, GDP increased only 3 percent in 2010/11 compared to pre-flood projections of 4.5 percent. Headline inflation also increased by an additional 2 percent and public finances came under pressure, adding to an already expansionary fiscal policy. As the Fund-supported SBA previously in place had gone off track in June 2010, the floods added new challenges. Macro imbalances were exacerbated after the floods as revenues fell further and higher spending was needed to help affected people and businesses. The IMF responded promptly with emergency funds. Still under the existing SBA at the time, the authorities maintained a close dialogue with the Fund. Discussions centered on measures to reduce the budget deficit and assure fiscal sustainability, reduce inflation, and protect the external position. Reducing the budget deficit would require higher revenue through tax reform to broaden the tax base, including steps to implement reforms in the general sales tax. The Fund also urged efforts to improve the quality of expenditure by increasing the share of spending on health, education, and infrastructure. Two years after the floods and one year after the expiration of the SBA, the challenges still persist. Continued efforts are needed to reduce the budget deficit to take the pressure off monetary policy and create space for more credit to the private sector, and to improve debt management. After the 2009 tsunami, the government boosted public spending to pay for a large rehabilitation and reconstruction program, estimated at about 3.5 percent of GDP. The Central Bank of Samoa also extended relief to the private sector by lending directly through the country’s development bank. Together with a slowdown in tourism, this resulted in rising nonperforming loans in the development bank and adversely affected the loan quality of some commercial banks. The fiscal deficit increased rapidly and, while necessary for recovery, led to a rapid accumulation of external debt. In the fiscal year 2009/10 (July/June), the fiscal deficit rose to 7.5 percent of GDP from 4.2 percent in 2008/09 and remained above 6 percent of GDP for several years after. Public external debt climbed from 45.3 percent in 2008/09 to 53.2 percent of GDP in 2011/12. Considerable fiscal consolidation is now required to bring down public debt and rebuild policy buffers, though there has been some resistance to such consolidation efforts. Other external shocks, including hikes of global food and fuel prices and the global financial crisis, weakened Samoa’s competitiveness. Along with real exchange rate appreciation, the tsunami reinforced the pressure on the country’s export industries. As a result, economic recovery has been slow—Samoa’s real GDP has not reached its 2007/08 level. On the other hand, a high level of support from development partners has contributed to the maintenance of a comfortable level of foreign reserves despite the real appreciation of the exchange rate. The authorities committed to use only concessional assistance to finance tsunami-related reconstruction. Hurricane Tomas, which struck St. Lucia in 2010, caused damages estimated at about 43 percent of GDP. Immediate rehabilitation and emergency expenditure was financed through the reallocation of the investment budget and financing received (US$3.2 million) from the CCRIF and the Caribbean Development Bank (US$0.2 million). The Fund provided $8.2 million under the RCF/ENDA three months later. The purchase helped meet immediate foreign exchange needs and played a catalytic role in mobilizing financing from other international financial institutions and donors. The authorities committed to rein in fiscal deficits in the medium term and implement structural reforms that would improve economic efficiency and foster private sector-led growth. As a member of the Eastern Caribbean Currency Union, St. Lucia is constrained from using monetary policy and had little fiscal room to address the hurricane’s damage. The authorities committed to use only concessional funding to finance hurricane-related reconstruction. BarnichonR.2008 “International Reserves and Self-Insurance against External Shocks” IMF Working Paper 08/149 (Washington: International Monetary Fund). ClarkeD. and O.Mahul2011 “Disaster Risk Financing and Contingent Credit: A Dynamic Analysis” Policy Research Working Paper 5693 (Washington: World Bank). GhesquireF. and O.Mahul2010 “Financial Protection of the State Against Natural Disasters” Policy Research Working Paper 5429 (Washington: World Bank). HallegatteS. and V.Przyluski2010 “The Economics of Natural Disasters: Concepts and Methods” Policy Research Working Paper 5507 (Washington: World Bank). HochrainerS.2009 “Assessing the Macroeconomic Impacts of Natural Disasters: Are There Any?” Policy Research Working Paper 4968 (Washington: World Bank). IMF2003 “Fund Assistance for Countries Facing Exogenous Shocks” (Washington: International Monetary Fund). IMF2004 “Sovereign Debt Structure for Crisis Prevention” (Washington: International Monetary Fund). IMF2005 “Eastern Caribbean Currency Union” (Washington: International Monetary Fund). IMF2008 “Fiscal Risks—Sources, Disclosure, and Management” (Washington: International Monetary Fund). IMF2011a “Review of the Flexible Credit Line and Precautionary Credit Line” (Washington: International Monetary Fund). IMF2011b “Managing Volatility in Low-Income Countries—The Role and Potential for Contingent Financial Instruments” (Washington: International Monetary Fund). IMF2012 “Review of Facilities for Low-Income Countries” (Washington: International Monetary Fund). LoayzaN.E.OlaberriaJ.Rigolini and L.Christiaensen2009 “Natural Disasters and Growth” Policy Research Working Paper 4980 (Washington: World Bank). MeleckyM. and C.Raddatz2011 “How Do Governments Respond After Catastrophes? Natural-Disaster Shocks and the Fiscal Stance” Policy Research Working Paper 5564 (Washington, DC: World Bank). RaddatzC.2009 “The Wrath of God: Macroeconomic Costs of Natural Disasters” Policy Research Working Paper 5039 (Washington: World Bank). RamcharanR.2005a “Cataclysms and Currencies: Does the Exchange Rate Regime Matter for Real Shocks” IMF Working Paper 05/85 (Washington: International Monetary Fund). RamcharanR.2005b “How Big Are the Benefits of Economic Diversification? Evidence from Earthquakes” IMF Working Paper 05/48 (Washington: International Monetary Fund). RasmussenT.N.2004 “Macroeconomic Implications of Natural Disasters in the Caribbean” IMF Working Paper 04/224 (Washington: International Monetary Fund). Von PeterG.S.von Dahlen and S.Saxena2012 “Unmitigated Disasters?—New Evidence on the Macroeconomic Cost of Natural Catastrophes” (Basel, Switzerland: Bank of International Settlements and International Association of Insurance Supervisors; and Washington: International Monetary Fund). Most researchers, including the studies cited in this paper, rely on the CRED database. This comprises over 18,000 mass disasters compiled since 1900. Developing countries here are comprised of all low-income countries and middle-income countries as defined by the World Bank classification (http://data.worldbank.org/about/country-classifications). Various cost definitions include direct costs, indirect costs, market and nonmarket (intangible) losses, output losses, and welfare losses (Hallegatte and Przyluski, 2010). Interest rates on concessional facilities are reviewed bi-annually. Loans under the ECF and RCF (but not the SCF or outstanding credit under the ESF and EPCA/ENDA) will charge a zero interest rate until end-2013. The PCDR was established in 2010 to provide exceptional debt relief to help lower-income PRGT-eligible members meet exceptional balance of payments needs created by catastrophic disasters, and the subsequent recovery, complementing fresh donor financing and the Fund’s concessional financing through the PRGT. The CCRIF is a regional insurance scheme involving 16 countries. International Development Association funds paid for 100 percent of the countries’ membership fees and premiums for the first two years. Haiti received US$7.8 million after the January 2010 earthquake, while St. Lucia and St. Vincent and the Grenadines received payouts of US$3.2 million and US$1.1 million, respectively, in October 2010. Empirical research by the authors on the impact of Fund emergency lending in support of natural disasters on economic growth and fiscal balances is forthcoming. Refinements could include “relaxing timing restrictions on access under the SCF; giving ECF users the option to forego disbursements when the member’s balance of payments position improves; and making the design of the Policy Support Instrument (PSI) more flexible while preserving its signaling function” (Review of Facilities for Low-Income Countries, PIN No. 12/108; IMF, 2012). Under Article IV of the Articles of Agreement, the IMF holds bilateral discussions with members every year and discusses with officials the country’s economic developments and policies. Upon their return to headquarters, the staff prepares a report, which forms the basis for discussion by the Executive Board. See IMF Country Report No. 05/305, August 2005. Self-Insurance defined in the literature is the inter-temporal transfer of national resources, and would include domestic borrowing and external savings (external borrowing and possibly remittance flows) (IMF, 2005). For example, FONDEN is Mexico’s Fund for Natural Disasters. It was established in the 1990s as a mechanism to support the rapid rehabilitation of federal and state infrastructure, low-income housing, and parts of the environment. It consists of two budget accounts, one for reconstruction and one for prevention.

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https://www.elibrary.imf.org/abstract/IMF001/20041-9781475512717/20041-9781475512717/20041-9781475512717_A001.xml?rskey=uB1vE2&result=10

mathematics, logic, foundations of mathematics. For the original article on Frege see DSB, vol. 5. Although a mathematician, Gottlob Frege is regarded as one of the founding fathers of modern (analytical) philosophy. With his Begriffsschrift (concept script) of 1879 he created modern mathematical logic. He used it as a linguistic tool for a program of founding mathematical concepts exclusively on logical concepts (logicism). Frege was involved in controversies with representatives of the algebraic tradition in logic concerning the power of the different systems of symbolic logic, and with David Hilbert on the nature of mathematical axiom systems. Frege in Jena . Frege spent most of his academic life at the University of Jena, except for five semesters of studies in Göttingen (1871–1873). He took courses in mathematics, physics, chemistry, and philosophy. Among his most important teachers in Jena were Karl Snell, who followed Jakob Friedrich Fries as chair of mathematics and physics, and Ernst Carl Abbe, at that time privatdozent for mathematics. Abbe became Frege’s mentor. He encouraged Frege to transfer to Göttingen in order to complete his university studies and later supported him in his career. Back in Jena, Frege applied for the post of a privatdozent for mathematics, submitting as Habilitationsschrift“Methods of Calculation Based on an Extension of the Concept of Quality,” which contributed to the theory of functional equations, in particular iteration theory. Abbe initiated Frege’s promotion to außerordentlicher Professor (roughly equivalent to associate professor or reader) of mathematics in 1879. This early promotion was possible because Frege had published his first monograph, Begriffsschrift, in January of that year. In 1866 Abbe had become a scientific consultant for improving the construction of microscopes built by the Carl Zeiss optics industry. In 1875 he became an associate and limited partner of Zeiss. Abbe set up the Carl Zeiss Foundation (1889) by first establishing a fund for scientific purposes (Ministerialfond für wissenschaftliche Zwecke) in 1886, supporting teaching and research in mathematics and sciences at the University of Jena. Abbe’s foundation also made an improvement in Frege’s remuneration possible, and later financially supported his promotion to ordentlicher Honararprofessor (a payroll professorship in honor of the person) in 1896. In 1907 Frege was awarded the prestigious title of Hofrat. His growing reputation is indicated by Ludwig Wittgenstein’s visit in 1911 (further visits took place in 1912 and 1913). In summer semester 1913 Rudolf Carnap attended Frege’s course Begriffsschrift II, and another course, Logic in Mathematics, in 1914. In 1918 Frege retired after having been on sick leave for a year. He moved to Bad Kleinen, a resort near Wismar. On the initiative of Heinrich Scholz, Frege’s Nachlass (literary estate) was transferred in 1935 to Münster, where it was purportedly destroyed during a bomb raid on Münster on 25 March 1945. Logic . Frege’s publication of the Begriffsschrift is regarded in the early twenty-first century as “the single most important event in the development of modern logic” (Thiel and Beaney, p. 26). In this work, Frege created the first strict logical calculus in the modern sense, based on precise definitions of expressions and deduction rules arriving for the first time at an axiomatic development of classical quantification theory. Frege replaced the traditional analysis of elementary statements into subject and predicate with an analysis of a proposition into function and argument, which could be used to express the generality of a statement (and with this also existence statements) by bound variables and quantifiers. It can be assumed that Frege took over the term Begriffsschrift from Friedrich Adolf Trendelenburg’s characterization of Gottfried Wilhelm Leibniz’s general characteristics (1854). The term had, however, already been used by Wilhelm von Humboldt in a treatise (1824) on the letter script and its influence on the construction of language. In a lengthy review of the Begriffsschrift (1880), Ernst Schröder accused Frege of ignoring George Boole’s algebra of logic, first presented in The Mathematical Analysis of Logic (1847). Frege answered in articles (published only posthumously) by comparing Boole’s calculatory logic with his own, where he determined quantification theory as the main point of deviation (Frege, 1880–1881, 1882). It is indeed historically true that the Booleans had no quantification theory at that time, but this cannot be regarded as an essential difference between these variations of symbolic logic on a systematic level, because in 1883 the U.S. logician Charles S. Peirce and his student Oscar Howard Mitchell developed an almost equivalent quantification theory within the algebra of logic. The essential difference between the algebra of logic and Frege’s mathematical logic can thus be seen in different interpretations of the judgment. Another essential difference can be seen in the fact that Frege aimed at giving a logical structure of judgeable contents, which implied an inherent semantics. The Booleans, in contrast, were interested in logical structures themselves, which could be applied in different domains. Their systems allowed various interpretations. This required a supplementary external semantics. Logicism . Frege’s work was above all devoted to investigations on the nature of number. It was, thus, essentially philosophical. There is evidence that he was influenced by the philosophy of his contemporaries, especially by neo-Kantian approaches. These influences found their way into Frege’s philosophy of mathematics with its metaphysical qualities. Contrary to Immanuel Kant, who regarded mathematical (arithmetical and geometrical) propositions as examples for synthetic a priori propositions, that is, propositions that are not empirical, but enlarging knowledge, Frege wanted to prove that arithmetic could completely be founded on logic, that is, that each arithmetical concept, in particular the concept of number, could be derived from logical concepts. Arithmetic was, thus, analytical. The logicist program is only sketched in the Begriffsschrift, where Frege gave purely logical definitions of equinumerousity and the successor relation. In his next book, the Grundlagen der Arithmetik (1884). Frege formulated the classical logicistic definition of number, according to which the number n is defined as the extension of the concept “equinumerous to the concept Fn” with Fnstanding for a concept with exactly n objects falling under it. The series of Fns starts with F0 = ¬x = x. Fn+1can be reconstructed recursively from Fn. The number 0 is defined as the extension of the concept “equinumerous to the concept ‘different from itself,’” and the number 1 as the extension of the concept “equinumerous to the concept ‘equals 0.’” The purely logical foundation of mathematics should not only disprove the Kantian paradigm, but also refute empiricist approaches to mathematics such as the one advocated by John Stuart Mill, and with this psychological interpretations of numbers as mental constructions. Frege pointedly expressed this criticism of psychologism in his harsh review of Edmund Husserl’s Philosophie der Arithmetik in 1894, as a result of which Husserl was brought to revise the foundational program of phenomenology and convert to antipsychologism. Frege elaborated the logicistic program in the two volumes of the Grundgesetze der Arithmetik (1893/1903). In this last of his monographs Frege also presented the mature version of his ontology, developed earlier in the three papers “Function and Concept” (1891), “On Sinn und Bedeutung” (1892), and “Concept and Object” (1892), all three currently regarded as classic texts of analytical philosophy. There he further elaborated his earlier distinction between concept and object. In particular he introduced in the Grundgesetze value-ranges considered as a special kind of objects. The identity criterion is given in Basic Law V, according to which the value-ranges of two functions are identical if the functions coincide in their values for every argument, with this giving the modern abstraction schema. In terms of concepts the law says that whatever falls under the concept F falls under the concept G and vice versa, if and only if the concepts F and G have the same extension. Frege’s conception of logicism failed, as Frege himself diagnosed, because of Basic Law V. Frege suggested an ad hoc solution forbidding that the extension of a concept may fall under the concept itself. This solution was proved to be insufficient by Stanis≠aw LeŚniewski (1939, unpublished) and Willard Van Orman Quine in 1955, but it indicates that the logical form of Basic Law V may be innocent of the emergence of the paradox and that the formation rules for function names may be too liberal in allowing impredicative function names. In his latest publications Frege gave up logicism. He abandoned the talk of extensions of concepts and value-ranges, and the idea of numbers as logical objects, although he still held that they are objects of some other kind, based on the source of “geometrische Erkenntnisquelle,” that is, pure intuition. Frege’s logicist program was later revived by the proponents of Frege-arithmetic and neologicism. In some of these directions Basic Law V is replaced by Hume’s principle, according to which two concepts F and G have the same number if and only if they are equinumerous, that is, if there is a one-to-one correspondence between the F’s and G's. The Nature of Axiomatics . After the failure of his logicistic program, Frege focused his research on geometry as the foundational discipline of mathematics. He kept the traditional understanding of geometry as an intuitive discipline, thereby opposing David Hilbert’s new formalistic approach to geometry that came along with a new kind of axiomatics. Frege’s opposition had its prehistory in his criticism of the older arithmetical formalism presented in a paper “Über formale Theorien der Arithmetik” (1885), taken up again in papers against his Jena colleague in mathematics, Carl Johannes Thomae (1906/1908). In these papers Frege opposes the understanding of arithmetic as a purely formal game with calculations bare of any contents. The older formalism regards arithmetic as a game like chess. It starts from certain initial formulas, then derives new formulas using a fixed set of transformation rules. But, neither the initial formulas nor the transition rules are justified, so the derived formulas are not justified either. Therefore, Frege concludes, these approaches could not provide any contribution to the foundations of arithmetic. Hilbert overcame the traditional conception of axiomatics according to the model of Euclid’s Elements by giving an example. In his Grundlagen der Geometrie of 1899 he gave an axiomatic presentation of Euclidean geometry. Hilbert’s system proceeds from “thought things” in the Kantian sense, products of the human mind, but empty concepts because of lacking any element of (empirical) intuition. The geometrical concepts were not directly defined, but implicitly gained as concepts obeying the features set by some group of axioms, and justified by proving the independence of the axioms from one another, the completeness of the system, and its consistency. The formalistic approach aims at a theory of structures. This is pointedly expressed in Hilbert’s letter to Frege of 29 December 1899, in which Hilbert claimed that every theory is only a half-timbering or schema of concepts and implications with arbitrary basic elements. If instead of the system of points some system love, law, chimney sweep is thought, and if all axioms are regarded as relations between these elements, then all theorems, for example Pythagoras’s theorem, would be valid for them. In a letter sent two days earlier, Frege had correctly criticized Hilbert’s use of implicit definitions arguing that he had blurred the differences between axioms and definitions. It became clear that Frege stuck to the traditional (Aristotelian) understanding of axioms in geometry, calling axioms sentences that are true but not proved, because they have emerged from a source of knowledge completely different from the logical, a source that can be called spatial intuition. From the truth of the axioms follows that they do not contradict each other, so no consistency of proof was needed. Hilbert answered that if the arbitrarily set axioms do not contradict each other with all their implications, then they are true and the defined objects exist. For Hilbert consistency (logical possibility) is, thus, the criterion of truth and existence. Hilbert rejected Frege’s suggestion to publish the exchange of letters, so Frege took up his criticism in a series of papers published in 1903 and 1906 on the foundations of geometry, where he argued for his antiformalistic position. He demanded that after having defined the concept “point,” it should be possible to determine whether a certain object, for example, his pocket watch, was a point or not. The two controversies mentioned show that Frege followed that traditional understanding of philosophy as all-embracing fundamental discipline that formed, along with logic, logical ontology, and epistemology the foundation for mathematics and sciences. He did not share the pragmatic attitude of some influential contemporaries in mathematics and sciences (like Hilbert) to keep philosophy away from their mathematical and scientific practice by simply fading out philosophical problems. Nevertheless, Frege opened the way for directions like philosophy of science, which aimed at bridging the gap between philosophy on the one hand and mathematics and science on the other, and which became successful in the twentieth century. His influence on Bertrand Russell’s logicism, codified in Principia Mathematica, Russell’s joint work with Alfred North Whitehead (1910/13), is well known. Through Carnap, Frege gained influence on logic and foundational research in the neopositivist movement of the Vienna Circle, which constituted the context of Kurt Gödel’s shaping of modern logic and foundational studies. “Methods of Calculation Based on an Extension of the Concept of Quantity” (1874). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 56–92. Begriffsschrift, eine der arithmetischen nachgebildete Formelsprache des reinen Denkens. Halle, Germany: L. Nebert, 1879. In Conceptual Notation and Related Articles, translated and edited with a biography and introduction by Terence Ward Bynum, 101–203. Oxford: Oxford University Press, 1972. “Boole’s Logical Calculus and the Concept-Script.” (1880–1881). In Hermes et al., Posthumous Writings, 9–46. “Boole’s Logical Formula-Language and My Concept-Script.”(1882). In Hermes et al., Posthumous Writings, 47–52. Die Grundlagen der Arithmetik, eine logisch mathematische Untersuchung über den Begriff der Zahl. Breslau, Germany: W. Koebner, 1884. Translated by John L. Austin as The Foundations of Arithmetic. 2nd ed. Oxford: Blackwell, 1953. “On Formal Theories of Arithmetic” (1885). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 112–121. “Function and Concept” (1891). In Beany, The Frege Reader, 130–148. “On Sinn und Bedeutung” (1892). In Beany, The Frege Reader, 151–171. “On Concept and Object.” (1892). In Beany, The Frege Reader, 181–193. “Grundgesetze der Arithmetik.” 2 Vols. Jena: H. Pohle, 1893 (Vol. 1); 1903 (Vol. 2). Review of E. H. Husserl, Philosophie der Arithmatik I. (1894). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 195–209. “On the Foundations of Geometry. First Series.” (1903). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 273–284. “Reply to Mr. Thomae’s Holiday Causerie.” (1906). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 341–345. “Renewed Proof of the Impossiblity of Mr. Thomae’s Formal Arithmetic.” (1908). In McGuiness, Collected Papers on Mathematics, Logic, and Philosophy, 346–350. Posthumous Writings. Edited by Hans Hermes, Friedrich Kambartel, and Friedrich Kaulbach, with the assistance of Gottfried Gabriel and Walburga Rödding. Translated by Peter Long and Roger White, with the assistance of Raymond Hargreaves. Chicago: University of Chicago Press, 1979. Philosophical and Mathematical Correspondence. Edited by Gottfried Gabriel, et al. Abridged for the English edition by Brian McGuinness. Translated by Hans Kaal. Chicago: University of Chicago Press, 1980. Collected Papers on Mathematics, Logic, and Philosophy. Edited by Brian McGuinness. Translated by Max Black et al. Oxford: Blackwell, 1984. Kleine Schriften. 2nd ed. Edited by Ignacio Angelelli. Hildesheim, Germany: G. Olms, 1990. Collection of Frege’s published papers and reviews, together with some letters and notes on Frege’s works by H. Scholz and E. Husserl. “Diary: Written by Professor Dr. Gottlob Frege in the Time from 10 March to 9 April 1924.” Edited by Gottfried Gabriel and Wolfgang Kienzler. Inquiry 39 (1996): 303–342. The Frege Reader. Edited by Michael Beaney. Oxford: Blackwell, 1997. The volume brings together all of Frege’s seminal writings, substantial parts of his three books, and selections from his posthumous writings and correspondence. Frege’s Lectures on Logic: Carnap’s Student Notes, 1910–1914. Translated and edited by Erich H. Reck and Steve Awodey. Chicago: Open Court, 2004. Gives evidence for Frege’s late positions in logic and foundations. With an introductory essay by Gottfried Gabriel and a paper by the editors on Frege’s influence on the development of logic. Beaney, Michael. Frege: Making Sense. London: Duckworth, 1996. Frege’s concept of sense within his philosophy as a whole. Beaney, Michael, and Erich H. Reck, eds. Gottlob Frege: Critical Assessments of Leading Philosophers. 4 vols. London: Routledge, 2005. Comprehensive collection of papers on Frege. Brady, Geraldine. From Peirce to Skolem: A Neglected Chapter in the History of Logic. Amsterdam: Elsevier, 2000. Stresses the significance of the algebraic tradition for the development of logic. Demopoulos, William, ed. Frege’s Philosophy of Mathematics. Cambridge, MA: Harvard University Press, 1995. Dummett, Michael. Frege: Philosophy of Language. 2nd ed. London: Duckworth, 1981. ———. Frege and Other Philosophers. Oxford: Clarendon Press; 1991. ———. Frege: Philosophy of Mathematics. Cambridge, MA: Harvard University Press, 1991. Gabriel, Gottfried, and Uwe Dathe, eds. Gottlob Frege: Werk und Wirkung; Mit den unveröffentlichten Vorschlägen für ein Wahlgesetz von Gottlob Frege. Paderborn, Germany: Mentis, 2000. Grattan-Guinness, Ivor. The Search for Mathematical Roots, 1870–1940: Logics, Set Theories, and the Foundations of Mathematics from Cantor through Russell to Gödel. Princeton, NJ: Princeton University Press, 2000. See pp. 177–199. Frege’s role within the development of research in logic and the foundations of mathematics. Gronau, Detlef. “Gottlob Frege’s Beiträge zur Iterationstheorie und zur Theorie der Funktionalgleichungen.” In Gottlob Frege: Werk und Wirkung; Mit den unveröffentlichten Vorschlägen für ein Wahlgesetz von Gottlob Frege, edited by Gottfried Gabriel and Uwe Dathe, 151–169. Paderborn, Germany: Mentis, 2000. Hale, Bob, and Crispin Wright. The Reason’s Proper Study: Essays towards a Neo-Fregean Philosophy of Mathematics. Oxford: Clarendon Press, 2001. Collection of papers neo-Fregeanism and Frege arithmetic. Kreiser, Lothar. Gottlob Frege: Leben—Werk—Zeit. Hamburg, Germany: Meiner, 2001. Full-scale biography of Frege. Newen, Albert, Ulrich Nortmann, and Rainer Stuhlmann-Laeisz, eds. Building on Frege: New Essays on Sense, Content, and Concept. Stanford, CA: CSLI Publications, 2001. Collection of essays on Frege’s significance and heritage. Quine, Willard Van Orman. “On Frege’s Way Out.” Mind, n.s., 64 (1955): 145–159. Proof that Frege’s solution of Russell’s paradox was not feasible. Schirn, Matthias, ed. Frege: Importance and Legacy. Berlin: de Gruyter, 1996. Collection of essays on Frege’s significance and heritage. Schröder, Ernst. “Review of Frege, 1879.” Zeitschrift für Mathematik und Physik. Historisch-litterarische Abteilung 25 (1880): 81–94. Sluga, Hans D. Gottlob Frege. London: Routledge and Kegan Paul, 1980. Sullivan, Peter M. “Frege’s Logic.” In Handbook of the History of Logic, vol. 3, edited by Dov M. Gabbay and John Woods, 659–750. Amsterdam: Elsevier North Holland, 2004. Thiel, Christian. “Zur Inkonsistenz der Fregeschen Mengenlehre.” In Frege und die moderne Grundlagenforschung: Symposium, gehalten in Bad Homburg im Dezember 1973, edited by Christian Thiel, 134–159. Meisenheim am Glan, Germany: Verlag Anton Hain, 1975. ———. “‘Not Arbitrarily and Out of a Craze for Novelty’: The Begriffsschrift 1879 and 1893.’’ In Gottlob Frege: Critical Assessments of Leading Philosophers, 4 vols., edited by Michael Beaney and Erich H. Reck, vol. 2, 13–28. London: Routledge, 2005. Surveys the nature of Frege’s logical notation and its development. Thiel, Christian, and Michael Beaney. “Frege’s Life and Work: Chronology and Bibliography.” In Gottlob Frege: Critical Assessments of Leading Philosophers, 4 vols., edited by Michael Beaney and Erich H. Reck, vol. 1, 23–39. London: Routledge, 2005. Brief chronology on the basis of information now available, and comprehensive bibliography. Weiner, Joan. Frege Explained: From Arithmetic to Analytic Philosophy. Chicago: Open Court, 2004. Compact explanation of Frege’s work. "Frege, Friedrich Ludwig Gottlob." Complete Dictionary of Scientific Biography. . Encyclopedia.com. 23 Apr. 2019 <https://www.encyclopedia.com>. Gottlob Frege was a son of Alexander Frege, principal of a girl’s high school, and of Auguste Bialloblotzky. He attended the Gymnasium in Wismar, and from 1869 to 1871 he was a student at Jena. He then went to Göttingen and took courses in mathematics, physics, chemistry, and philosophy for five semesters. In 1873 Frege received his doctorate in philosophy at Göttingen with the thesis, Ueber eine geometrische Darstellung der imäginaren Gebilde in der Ebene. The following year at Jena he obtained the venia docendi in the Faculty of Philosophy with a dissertation entitled “Rechungsmethoden, die sich auf eine Erweitung des Grössenbegriffes gründen,” which concerns one-parameter groups of functions and was motivated by his intention to give such a definition of quantity as gives maximal extension to the applicability of the arithmetic based upon it. The idea presented in the dissertation of viewing the system of an operation f and its iterates as a system of quantities, which in the introduction to his Grundlagen der Arithmetik (1884) Frege essentially ascribes to Herbart, hints at the notion of f- sequence expounded in his Begriffsschrift (1879). After the publication of the Begriffsschrift, Frege was appointed extraordinary professor at Jena in 1879 and honorary professor in 1896. His stubborn work toward his goal—the logical foundation of arithmetic—resulted in his two-volume Grundgesetze der Arithmetik (1893–1903). Shortly before publication of the second volume Bertrand Russell pointed out in 1902, in a letter to Frege, that his system involved a contradiction. This observation by Russell destroyed Frege’s theory of arithmetic, and he saw no way out. Frege’s scientific activity in the period after 1903 cannot be compared with that before 1903 and was mainly in reaction to the new developments in mathematics and its foundations, especially to Hilbert’s axiomatics. In 1917 he retired. His Logische Untersuchungen, written in the period 1918–1923, is an extension of his earlier work. In his attempt to give a satisfactory definition of number and a rigorous foundation to arithmetic, Frege found ordinary language insufficient. To overcome the difficulties involved, he devised his Begriffsschrift as a tool for analyzing and representing mathematical proofs completely and adequately. This tool has gradually developed into modern mathematical logic, of which Frege may justly be considered the creator. The Begriffsschrift was intended to be a formula language for pure thought, written with specific symbols and modeled upon that of arithmetic (i.e., it develops according to definite rules). This is an essential difference between Frege’s calculus and, for example, Boole’s or Peano’s, which do not formalize mathematical proofs but are more flexible in expressing the logical structure of concepts. One of Frege’s special symbols is the assertion sign (properly only the vertical stroke), which is in terpreted if followed by a symbol with judgeable content. The interpretation of A is “A is a fact.” Another symbol is the conditional , and is to be read as “B implies A.” The assertion is justified in the following cases: (1) A and B are true; (2) A is true and B is false; (3) A and B are false. Frege uses only one deduction rule, which consists in passing from and to . The assertion that A is not a fact is expressed by i.e., the small vertical stroke is used for negation. Frege showed that the other propositional connectives, “and” and “or,” are expressible by means of negation and implication, and in fact developed propositional logic on the basis of a few axioms, some of which have been preserved in modern presentations of logic. Yet he did not stop at propositional logic but also developed quantification theory, which was possible because of his general notion of function. If in an expression a symbol was considered to be replaceable, in all or in some of its occurrences, then Frege calls the invariant part of the expression a function and the replaceable part its argument. He chose the expression Φ(A) for a function and, for functions of more than one argument, Ψ(A,B). Since the φ in φ(A) also may be considered to be the replaceable part, φ(A) may be viewed as a function of the argument φ. This stipulation proved to be the weak point in Frege’s system, as Russell showed in 1902. which means that φ(a) is a fact, whatever may be chosen for the argument. Frege explains the notion of the scope of a quantifier and notes the allowable transition from to , where a occurs only as argument of X(a), and from to , where a does not occur in A and in φ (a) occurs only in the argument places. Existence was expressed by (a). There was no explicitly stated rule of substitution. It should be observed that Frege did not construct his system for expressing pure thought as a formal system and therefore did not raise questions of completeness or consistency. Frege applied his Begriffsschrift to a general theory of sequences, and in part III he defines the ancestral relation on which he founded mathematical induction. This relation was afterward introduced informally by Dedekind and formally by Whitehead and Russell in Pricipia mathematica. Frege’s theories, as well as his criticisms in the Begriffsschrift and the Grundlagen, were extended and refined in his Grundgesetze, in which he incorporated the essential improvements on his Begriffsschrift that had been expounded in the three important papers “Funktion und Begriff” (1891), “Über Sinn und Bedeutung” (1892), and “Über Begriff und Gegensstand” (1892). In particular, “Über Sinn und Bedeutung” is an essential complement to his Begriffsschrift. In addition, it has had a great influence on philosophical discussion, specifically on the development of Wittgenstein’s philosophy. Nevertheless, the philosophical implications of the acceptance of Frege’s doctrine have proved troublesome. An analysis of the identity relation led Frege to the distinction between the sense of an expression and its denotation. If a and b are different names of the same object (refer to or denote the same object), we can legitimately express this by a = b, but = cannot be considered to be a relation between the objects themselves. Frege therefore distinguishes two aspects of an expression: its denotation, which is the object to which it refers, and its sense, which is roughly the thought expressed by it. Every expression expresses its sense. An unsaturated expression (a function) has no denotation. These considerations led Frege to the conviction that a sentence denotes its truth-value; all true sentences denote the True and all false sentences denote the False—in other words, are names of the True and the False, respectively. The True and the False are to be treated as objects. The consequences of this distinction are further investigated in “Über Begriff und Gegenstand.” There Frege admits that he has not given a definition of concept and doubts whether this can be done, but he emphasizes that concept has to be kept carefully apart from object. More interesting developments are contained in his “Funktion und Begriff.” First, there is the general notion of f-sequence already briefly mentioned in the Grundlagen, and second, with every function there is associated an object, the so-called Wertverlauf, which he used essentially in his Grundgesetze der Arithmetik. Since a function is expressed by an unsaturated expression f(x), which denotes an object if x in it is replaced by an object, there arises the possibility of extending the notion of function because sentences denote objects (the True [T] and the False [F]), and one arrives at the conclusion that, e.g., (x2 = 4) = (x >1) is a function. If one replaces x by 1, then, because 12 = 4 denotes F, as does 1 > 1, it follows that (12 = 4) = (1 > 1) denotes T. Frege distinguishes between first-level functions, with objects as argument, and second-level functions, with first-level functions as arguments, and notes that there are more possibilities. For Frege an object is anything which is not a function, but he admits that the notion of object cannot be logically defined. It is characteristic of Frege that he could not take the step of simply postulating a class of objects without entering into the question of their nature. This would have taken him in the direction of a formalistic attitude, to which he was fiercely opposed. In fact, at that time formalism was in a bad state and rather incoherently maintained. Besides, Frege was not creating objects but was concerned mainly with logical characterizations. This in a certain sense also holds true for Frege’s introduction of the Wertverlauf, which he believed to be something already there and which had to be characterized logically. In the appendix to volume II of his Grundgesetze, Frege derives Russell’s paradox in his system with the help of the above basic logical law. Russell later succeeded in eliminating his paradox by assuming the theory of types. It is curious that the man who laid the most suitable foundation for formal logic was so strongly opposed to formalism. In volume II of the Grundgesetze, where he discusses formal arithmetic at length, Frege proves to have a far better insight than its exponents and justly emphasizes the necessity of a consistency proof to justify creative definitions. He is aware that because of the introduction of the Wertverläufe he may be accused of doing what he is criticizing. Nevertheless, he argues that he is not, because of his logical law concerning Wertverläufe (which proved untenable). When Hilbert took the axiomatic method a decisive step further, Frege failed to grasp his point and attacked him for his imprecise terminology. Frege insisted on definitions in the classic sense and rejected Hilbert’s “definition” of a betweenness relation and his use of the term “point.” For Frege geometry was still the theory of space. But even before 1814 Bolzano had already reached the conclusion that for an abstract theory of space, one may be obliged to assume the term point as a primitive notion capable of various interpretations. Hilbert’s answer to Frege’s objections was quite satisfactory, although it did not convince Frege. II. Secondary Literatrure. On Frege and his work, see I. Angelelli, Studies on Gottlob Frege and Traditional Philosophy (Dordrecht, 1967); P. Geach and M. Black, Translation of the Philosophical Writings of Gottlob Frege, 2nd ed. (oxford, 1960); H. Hermes, et al., Gottlob frege, Nachgelassene Schriften (Hamburg,1969); J. van Heijenfoort, From Frege to Godel (Cambridge, 1967): P. E. B. Jourdain, “The Development of the Theories of Mathematical Logic and the Principles of Mathematics. Gottlob Frege,” In Quarterly Journal of Pure and Applied Mathematics, 43 (1912), 237–269; W. Kneale and Martha Kneale, The Development of Logic (Oxford, 1962) pp. 435–512; J. Largeault, Logique et philosophie chez Frege (Paris–Louvain, 1970); C. Parsons, “Frege’s Theory of Number,” in M. Black, ed., Philosophy in America (London, 1965), pp. 180-203; G. Patzig, Gottlob Frege, Funktion, Begriff, Bedeutung (Göttingem, 1966); and Gottlob Frege, Logische Untersuchungen (Göttingen, 1966); B. Russell, The Principles of Mathematics (Cambridge, 1903), Appendix A, “The Logical and Arithmetical Doctrines of Frege” M. Steck “Ein unbeakannter Brief von Gottlob Frege über Hilberts erste Vorlesung über die Grundlagen der Geometrie, in Sitzungsberichte der Heidelberger Akademie der Wissenschaften, Abhandlung 6 (1940); and “Unbekannte Briefe Frege’s über die Grundlagen der Geometrie und Antwort brief Hilbert’s and Frege ibid Abhandlung 2 (1941); H. G. Steiner, “Frege und die Grundlagen der Geometric I. II’ in Mathematische-physikalishce Semesterberichte, n. s. 10 (1963), 175–186 and 11 (1964), 35–47; and J. D. B. Walker, A Study of Frege (Oxford, 1965). The German mathematician and philosopher Gottlob Frege (1848-1925) is considered the founder of modern mathematical logic. His work was almost wholly ignored during his lifetime but now exerts a great influence on the philosophy of logic and language. Gottlob Frege was born on Nov. 8, 1848, at Wismar. He began his university studies at Jena in 1869 but after 2 years moved to Göttingen. He studied mathematics, the natural sciences, and philosophy and took his degree in 1873. Thereafter he taught at Jena in the department of mathematics. He was made a professor in 1896 and retired in 1918. Frege was married to Margarete Lieseberg, and the couple had one adopted son. Frege died on July 26, 1925, in Bad Kleinen. Frege invented the concept of a formal system of mathematical logic, and in his first major work, Begriffsschrift (1879), he presented the first example of such a system in his formulation of a propositional and predicate calculus. He introduced the mathematical notion of function and variable into logic and invented the idea of quantifiers. He was also the first writer on axiomatic theory to make clear the distinction between an axiom and a rule of inference. Further progress in this work convinced Frege that the basic ideas of arithmetic (but not of geometry) could be articulated solely in logical expressions. He expressed his new program first in a nonsymbolic work, The Foundations of Arithmetic (1884), which also featured a brilliant and devastating polemic against all previous attempts at the subject. The crown of his work was to be his Basic Laws of Arithmetic. The first volume of this work appeared in 1893; but in 1903, as Frege was about to issue the second volume, Bertrand Russell pointed out a contradiction in Frege's use of the concept of a "class," which undermined the proofs in the work. Frege hastily added an appendix that sought to remedy the defect (this effort was later proved defective), but thereafter he seemed to lose interest in the great project. Two decades later he regarded the whole enterprise as an error and fell back upon the Kantian interpretation of mathematical judgments as synthetic a priori. Frege also made important contributions to the philosophy of logic. Concerning the old question: what is it for a proposition to have meaning?—he introduced a variety of distinctions that are being exploited by contemporary philosophers. Frege rejected epistemology as the starting point of philosophy and revived the classical view, dominant before René Descartes, that philosophical logic holds this place. "Gottlob Frege." Encyclopedia of World Biography. . Encyclopedia.com. 23 Apr. 2019 <https://www.encyclopedia.com>. Gottlob Frege (gôt´lōp frā´gə), 1848–1925, German philosopher and mathematician. He was professor of mathematics (1879–1918) at the Univ. of Jena. Frege was one of the founders of modern symbolic logic, and his work profoundly influenced Bertrand Russell. He claimed that all mathematics could be derived from purely logical principles and definitions. He considered verbal concepts to be expressible as symbolic functions with one or more variables. His books include Begriffsschrift (1879); Die Grundlagen der Arithmetik (1884; tr. The Foundations of Arithmetic, 1950); Grundgesetze der Arithmetik (2 vol., 1893–1903). See P. T. Geach and M. Black, ed., Philosophical Writings of Gottlob Frege (1952); M. Resnik, Frege and the Philosophy of Mathematics (1980); M. Dummett, The Interpretation of Frege's Philosophy (repr. 1981). "Frege, Gottlob." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. 23 Apr. 2019 <https://www.encyclopedia.com>. Frege, Gottlob (1848–1925) German philosopher, professor of mathematics at the University of Jena (1879–1918). With George Boole, Frege was one of the founders of modern symbolic logic. In his Foundations of Arithmetic (1884), Frege attempted to derive all mathematics from logical axioms. "Frege, Gottlob." World Encyclopedia. . Encyclopedia.com. 23 Apr. 2019 <https://www.encyclopedia.com>. FREGE, GOTTLOB (1848–1925), German mathematician, logician, and philosopher. Friedrich Ludwig Gottlob Frege devoted most of his career to a single project: the attempt to provide foundations for arithmetic. What is it to provide foundations for arithmetic? To provide foundations for a science, in Frege's sense, is to systematize it: to list its primitive truths and concepts and to show how these primitive truths and concepts figure in the justification of the truths of the science. The resulting systematization of a science is meant to exhibit the source of the knowledge of its truths. Mathematical work provided him with one model of this sort of systematization, the arithmeticization of analysis. Analysis originated in the seventeenth century as a response to the needs of physics and astronomy. Its proofs originally exploited techniques of geometry. In the mid-nineteenth century, however, it became apparent that many of the geometrical proofs were not as secure as they seemed. Some apparently good proofs were identified as fallacious. The difficulties were attributable, in part, to confusions about some basic notions of analysis, including those of limit and continuity. The response was to try to show that the foundations of analysis lay in arithmetic: to offer a systematization of analysis in which only terms of arithmetic were used. Arithmetic was also systematized. Julius Wilhelm Richard Dedekind (1831–1916) provided an easily surveyable list of axioms from which, it was thought, all truths of arithmetic were derivable. But Frege was not content with Dedekind's systematization. For Dedekind's axiomatization did not, according to Frege, exhibit the source of our knowledge of the truths of arithmetic. The problem was that the terms of arithmetic (for example, "0") appeared in Dedekind's axioms, and that his axioms included familiar truths of arithmetic (for example, that 0 does not equal 1). Such terms and truths are not primitive, in Frege's sense, because it is not clear what the source of knowledge about numbers is. To see why, it is necessary to look at Frege's views about the sources of knowledge. Sense experience is indisputably a source of some knowledge. The empiricist view can be characterized as the view that sense experience is the source of all knowledge. Frege thought that the German philosopher Immanuel Kant (1724–1804) had refuted this view by showing that some knowledge, including knowledge of Euclidean geometry, does not have the senses as its source. The source of this knowledge is, rather, pure intuition—a faculty underlying perception of objects in space. But Kant erred, according to Frege, in failing to recognize that some substantive knowledge requires neither sense experience nor pure intuition for its justification. Knowledge of arithmetic, Frege believed, is more basic than that of either the special sciences or geometry. The source of this knowledge is something that underlies all knowledge: reason alone. The science of reason, the science of the general laws that underlie all correct inference, is logic. Frege was convinced that the truths of arithmetic and, indeed, of all mathematics other than Euclidean geometry were logical truths. But many truths of arithmetic (e.g., that 0 does not equal 1) seem to be truths about particular objects, not general laws of logic. Frege thought he could show that all arithmetical truths are truths of logic by defining the numbers and the concept of number from purely logical concepts and proving the basic truths of arithmetic using only these definitions and logical laws. The result would be logical foundations for arithmetic: foundations showing that reason alone is the source of the knowledge of the truths of arithmetic. Although Frege was convinced that the truths of arithmetic were logical truths, he was aware that they were not derivable using the logical systems generally accepted in his time. But he was also convinced that these logical systems were inadequate. Thus he began by constructing a new logic. In the 1879 monograph, Begriffsschrift, he set out the first logical system adequate for the expression and evaluation of the arguments that are regarded as logically valid. His next major work, Die Grundlagen der Arithmetik (1884; The Foundations of Arithmetic, 1950), was an informal description of his project, its motivations, and Frege's strategy for accomplishing his goals. The project was to have been completed in his Grundgesetze der Arithmetik (Basic Laws of Arithmetic). The first volume of Basic Laws was published in 1893. In 1902, when the second volume was in press, Frege received a now-famous letter from the mathematician and philosopher Bertrand Russell (1872–1970), demonstrating that the logical system was inconsistent. Frege ultimately concluded that the project, as he had envisioned it, was doomed to failure. Although Frege failed to accomplish the task he set himself, he made profound contributions to logic and philosophy. One of these is Frege's new logic. The inconsistency in the logic set out in Basic Laws is easily eliminated by omitting the two basic logical laws that were needed for the definitions of the numbers. The resulting logical system is not only more powerful than earlier logical systems, it is also formal in several important respects. In Frege's logic it is a mechanical task to determine, for any string of symbols in the logical language, whether it is a well-formed name or sentence of the language. It is also a mechanical task to determine whether a sentence is a basic law and whether or not a sentence follows immediately by one of the rules of inferences from other sentences. Thus there is a mechanical procedure for evaluating a purported gapless proof of the argument in the formal language. These formal features make it possible to regard the logical system itself as a mathematical entity. The field of mathematical logic thus has its origin in Frege's new logic. Another important Fregean legacy comes from his approach to his philosophical problem. Frege believed that he could solve a philosophical problem about the nature of the truths of arithmetic by introducing definitions, using purely logical terms, that could replace numerals in all contexts. The justification of these definitions was provided by an analysis of how certain symbols (the numerals) are used and a demonstration that these symbols can be dispensed with by defining them from other terms. The philosophical question that Frege wanted to answer appears to have nothing in particular to do with language or meaning. Yet he answered the question by engaging in a linguistic investigation. The use of this strategy marks Frege as one of the first (perhaps the very first) to take the so-called linguistic turn that is characteristic of analytic philosophy, the dominant school in Anglo-American philosophy since the middle of the twentieth century. Finally, many of Frege's writings on specific issues concerning language, logic, and mathematics remain immensely influential in the twenty-first century. A great deal of work in linguistics and the philosophy of language has its origin in his discussions of language. Indeed, a substantial number of early-twenty-first-century philosophers regard themselves as neo-Fregeans. Even the logicist project that Frege regarded as having been decisively refuted has been resurrected and forms an important strand of contemporary philosophical thought about arithmetic. Frege's work attracted only a small audience in his lifetime. But in the years since, his influence on contemporary philosophy, especially on thought about language and logic, has become ubiquitous. Frege, Gottlob. Foundations of Arithmetic: A Logico-Mathematical Enquiry into the Concept of Number. Translated by J. L. Austin. 2nd edition. Oxford, U.K., 1980. Translation of Die Grundlagen der Arithmetik. Beaney, Michael, ed. The Frege Reader. Oxford, U.K., 1997. Collection containing Frege's most well known articles as well as excerpts from his most important books. Weiner, Joan. Frege Explained: From Arithmetic to Analytic Philosophy. Chicago, 2004. An introduction to Frege's works intended for nonspecialists. "Frege, Gottlob." Encyclopedia of Modern Europe: Europe 1789-1914: Encyclopedia of the Age of Industry and Empire. . Encyclopedia.com. 23 Apr. 2019 <https://www.encyclopedia.com>.

2019-04-25T08:21:10Z

https://www.encyclopedia.com/people/philosophy-and-religion/philosophy-biographies/gottlob-frege

Despite Kíli's best attempts to convince himself that Bilbo would be safer in the Shire, and the dwarf spent a sleepless night trying to do exactly that, his mood was sour when his brother finally roused him from his bed. For there was a sick feeling in his stomach, a warning that said this wasn't right, and he could barely find the heart to eat. Instead the archer found himself looking out the windows of the tavern while his companions laughed and joked over breakfast, hoping beyond hope that he might see Bilbo there. But the hobbit did not appear and when Thorin cajoled his company into motion, their burglar was still nowhere to be seen. However, if Kíli's memory served, Bilbo had been quite late the first time, late enough that the dwarves had almost left without him once before. So even though the hobbit had never agreed to come with them – in fact, he had most emphatically refused the invitation – there was still a chance that he might change his mind. Besides, the once-king did not want to ruin the joyful mood with his own dark premonitions, not when this quest was as much his Fíli’s dream as their uncle’s and there was no need to speak of danger now. The dwarves should be able to manage without their burglar until they reached Mirkwood since Gandalf had been the one to save them from the trolls and goblins and Kíli was hoping to avoid those pitfalls entirely. So the archer plastered an excited smile on his face and tried not to look back toward Hobbiton too often even as he became increasingly sure that Bilbo would not appear. However, when Nori started giving odds on whether their burglar would join them, the once-king still laid his coin on Bilbo because he would rather lose the money than admit he'd given up. The once-king pulled his pony to a halt, twisting around in his saddle to see Bilbo sprinting down the path, Balin’s contract flapping like a banner in his wake. This was more like the burglar that Kíli remembered, the hobbit's eyes lit up with excitement and his travel pack bouncing on his back. This was more like his Bilbo and the archer was so very happy that the hobbit had changed his mind. Indeed, the knot in the dwarf's stomach was finally easing now that Thorin’s company was complete again, his careful justifications nothing compared to the reality of Bilbo standing there. Because the burglar’s presence should keep the coming journey much closer to the once-king's memories and thus give him every possible advantage in his quest to keep his kin alive. If this would also allow Kíli a chance to court his hobbit, well that was just a bonus; although the dwarf couldn’t deny that he was looking forward to their travels with more anticipation now. So Kíli might have been grinning like an idiot when Thorin told his sister-sons to find their burglar a pony, he and Fíli lifting Bilbo up despite his protests that he could walk just fine. But how could the archer hold back a smile when the hobbit's mistrust of his pony was so very adorable and the future was looking much brighter than it had been before? Indeed, with Bilbo there amongst them, the beginning of the dwarves’ quest passed much as the once-king remembered; it was only Kíli who had changed. The archer simply could not summon the same lighthearted exuberance that he had known in the past despite the younger body that he wore. He tried, Mahal knew he tried, but that first rush of elation at seeing his companions wore off within a week. Because the grief that Kíli had carried on his heart for decades did not fade just because time had warped around him, the once-king terrified that he would fail his purpose and be forced to live that pain again. It was bad enough in memory when every glance at Fíli contained an echo of his brother’s bloodstained body and he could not look at Bilbo without remembering the way his hobbit had gasped when impaled. Kíli would never forget that sound, not if he lived another hundred lifetimes after this. So the once-king smiled less than he used to and when they were not paying attention, he watched his companions with the desperation of someone who was not quite sure that this was real. Every time he fell asleep, the dwarf could not be sure that his kindred would still be there in the morning and he tried to embed each moment into his mind against such a possibility. For Kíli could not bear the thought of forgetting the way that Fíli's eyes crinkled up when he smiled or how Thorin always frowned when he didn't want to admit that he was lost. He didn't want to forget the light of Bilbo's smile or the sweet sound of his laughter, though the dwarf had not quite found the courage to state his admiration yet. Kíli was too busy trying to maintain his masquerade, a task that should not have been as difficult as he found it now. But when he tried to act like his younger self in mind as well as body, the once-king always went too far. The dwarf could never seem to remember the line between youth and stupidity until he crossed it and the way that Thorin sighed at his missteps didn't help. His uncle had a way of making him feel guilty for his actions, young and foolish as he had not felt since first taking the throne of Erebor. Indeed, the dwarf lord's disappointed gaze was far worse than any lecture and when Kíli and Fíli decided to tease their hobbit about his nervousness one evening – the description of an orcish raid both meant to needle the hobbit and harden him toward the dangers yet to come – the once-king thought that Thorin might strike him then and there. “You think that's funny? You think a night raid by orcs is a joke?” the dwarf lord snarled, glaring down at his sister-sons. “We didn't mean anything by it.” Kíli protested, his shoulders hunching defensively. He hadn't meant to upset his uncle; he'd only wanted Bilbo to look at him again. But the once-king couldn't seem to stop acting like an idiot when Thorin was watching and he didn't know what was wrong with him. Because it was not inexperience as the older dwarf believed, his uncle taking his sister-son’s protest as another example of imbecility. “No, you didn't. You know nothing of the world,” Thorin told him dismissively and that just wasn't fair at all. You are wrong, uncle. I know far too much of it. What did it matter if he and Fíli teased their hobbit? It's not as though Thorin was the only one who had suffered loss at orcish hands. But he was the only one who stalked off to brood in the darkness of the evening, the dwarf lord staring over the edge of the cliff top as though to find all answers there. Truly, Kíli's uncle was far more stern than he had remembered, the pontificating speeches replaced with gloomy majesty. For Thorin offered no words to explain his sharp reaction and while the once-king knew the reason of it, Bilbo was staring after the dwarf lord with utter confusion on his face. Confusion that Kíli might have eased in different circumstances, but as he could not remember how much he was supposed to know about his people’s history, it fell to Balin to reassure their burglar instead. The old warrior told Bilbo of Azanulbizar, the battle that had graced Thorin with his epithet many years ago. Balin had always been a gifted storyteller and the rest of their company soon gathered around to listen, entranced by the scenes of loss and glory that the dwarf painted with his words. But as gifted as Balin was, Kíli had seen battles that did not end in victory; he had known this gruesome carnage and he could not share the admiration that the others seemed to feel. Thráin's attack on the Misty Mountains had been ill-advised, his grandfather more interested in revenge than the safety of his people, and while Azog’s actions had been unforgivable, all the once-king could think about were the lives that had been lost. Although, as the story continued, the archer had to wonder if Balin had heard a different version of the tale. For Kíli could have sworn that Thrór had already been dead when the War of the Dwarves and Orcs ended at Azanulbizar – indeed Azog’s murder of his great-grandfather had been the cause of it – and Dáin II, not Thorin, had slain the Defiler. But perhaps Balin was simply tailoring his words to his audience since this was not Dáin's company and when the old dwarf finished, Bilbo was not the only one with moisture in his eyes. Even Kíli was affected, not by the images of glory but by the parallels to his kin’s final moments on the plains of Erebor. However, if the once-king was successful then these losses would be nothing more than an unpleasant memory, the echo of a nightmare that would not come to pass. So when the company lay down to sleep again, the archer vowed that he would work harder to win his uncle’s approval in the days to come. For while Kíli didn’t yet have a concrete plan for making his fellow kings see reason sooner, being invited to Thorin’s council would be a good place to start. If the dwarf lord thought his sister-son had some insight to offer than he might actually listen when Kíli urged him to peace instead of conflict and preparing for the Battle of the Five Armies would be far more straightforward if Erebor was actually part of the process this time around. Unfortunately, winning his uncle over was easier said than done because Thorin seemed to grow more disdainful of Bilbo with every league they traveled and it was difficult for Kíli to stop himself from standing up in their burglar’s defense. The hobbit might not be a travel-hardened warrior, but he was doing his best without complaining and Thorin should have had the decency to recognize his heart. However, the dwarf lord refused to see that Bilbo was trying and Kíli feared that arguing with his uncle now would ruin his chances of convincing him to listen later on. So no matter how much the once-king loved their burglar, he did not dare take this risk with his companions’ lives. All Kíli could do was comfort Bilbo when Thorin had been particularly harsh, showing the hobbit the correct way to tie a snare, skin a rabbit, or groom his pony so that he would not make the same mistakes again. Bilbo seemed to appreciate the dwarf’s assistance if his grateful smiles were any indication and Kíli's heart fluttered every time the burglar grinned at him. Though the once-king still had not told Bilbo of his true feelings, deciding that it would be better to gain the hobbit’s friendship before making any further overtures. For their burglar did not know Kíli yet, not the way the dwarf knew him, and he could wait until Bilbo began to show the brilliance that he held inside. Which would hopefully be soon since the once-king was coming closer to punching his uncle in the face with every day that passed. Although, in truth, it wasn’t only Thorin’s moods that were bothering the archer, it was his unthinking assumption of obedience. Understandable, perhaps, but Kíli had been King Under the Mountain for decades and while he had never asked for that burden, he was out of the habit of taking orders now. Indeed, the discordance between his current role and his ruling instincts was making the once-king tetchy and while he managed to hide his irritation from the others, his brother saw through him too easily. Fíli knew him better than anyone – or rather he knew the old Kíli – and despite the archer's best efforts, the other dwarf could tell that something was not right. “What has been the matter with you lately?” Fíli asked one evening after Thorin had told his sister-sons to watch the ponies, Kíli wincing guiltily beneath his brother's worried stare. Come on; get it together, the once-king told himself. I can't give the game away when we haven't even crossed the Misty Mountains yet. What nonsense would the old Kíli have spouted off? Something about our uncle or archery? Truthfully, the dwarf was sorely tempted to spill the whole story despite his earlier resolution to hold his secrets close. He had never enjoyed hiding things from his brother, largely because he was awful at it, and seven decades of separation had not changed everything. “I- What?” Fíli responded, eyebrows shooting up in bafflement. “Think about it, brother. We're going to march up to Erebor, find our great-grandfather's secret door and then what? Hope that Smaug died of old age somehow? That's not a plan; that's a suicide mission,” the archer babbled, the torrent of words distracting the other dwarf from his original question quite effectively. “Don't be silly, Kíli. That's why we brought the wizard and the burglar along. Even if Thorin hasn't shared every detail of his strategy, he's our uncle and we should have faith in him.” Fíli's reply was earnest and clearly meant to be a comfort, but it left the once-king shaking his head in disbelief. The dwarf couldn’t understand how he and his brother had ever followed anyone so blindly, this quest built on nothing but an axe and a prayer. Indeed Fíli, who had always stood so tall in the archer's memories, now seemed impossibly young instead; impossibly young but no less stubborn when he thought that he was right. So while this had not been Kíli's intention, he and Fíli were soon in the midst of a heated argument. His brother refused to see the truth of his words, defending their mission's reckless disregard for common sense or survival instincts until the once-king wanted to shake him violently. No, Fíli. We are not, the once-king thought, visions of that blood-soaked battlefield swimming through his head. There had definitely been two ponies tied to the tree across the way, a tree that had somehow been uprooted without either of the dwarves noticing. Damn it! I can't afford to drop my guard like this. This is exactly the sort of thing that I was just worrying about. While Fíli walked over to inspect the wreckage for clues, as soon as he saw the gaping hole in the ground, Kíli knew exactly what had happened here. Only mountain trolls could have caused such damage, but the once-king had not been expecting to reach their cave so soon. He could have sworn that the company should have had at least another week of travel before it ran into these creatures – indeed, he had been planning to steer their path a little south around that time – but he must have misjudged their route somehow. Not that this was too surprising considering how long it had been since the once-king had traveled the Great East Road and how little attention he had paid to landmarks the first time around. Truthfully, Kíli's sense of time had felt off ever since he had woken up back in his younger body and this wasn't the first landmark that hadn't appeared just when he thought it should. But whatever was wrong with the archer's internal clock wasn't important at the moment; the only thing that mattered was ensuring that their company survived this night again. “Thorin doesn't need to know about this, does he?” Fíli asked beside him and although their reasons likely differed, the once-king was quick to agree. Although the dwarves had managed to escape from the trolls once, it would be better to keep the company from being captured in the first place and so Kíli needed to think of a way to get their ponies back. Thorin and the others would never agree to leave without them and telling his companions what had happened would only lead to a fight. However, just as Kíli was cursing his lack of imagination, Bilbo arrived with dinner and the once-king was sure that his problems had been solved. Because the archer knew that their hobbit could be incredibly sneaky when he put his mind to it; he just needed a push in the right direction now. The hobbit was, if not exactly willing, easy enough to drag along in their wake and thus the trio followed the trail of broken branches toward the trolls' hiding place. This was hardly a difficult feat of tracking since the path was wide enough that Fíli and Kíli could have walked abreast if they so desired and soon the red glow of the creatures' fire was visible through the trees. “What is it?” Bilbo asked as harsh laughter drifted to their ears and the once-king did not need to see his enemy in order to murmur, “Trolls,” in reply. Indeed two trolls were visible sitting by a stew pot when the dwarves dashed closer, their burglar trailing after them somewhat reluctantly. While Bilbo was clearly nervous about the situation, he had not run away and Kíli was certain that his hobbit would find the courage to do what was needed here. Indeed, when the third troll rejoined his companions with another pony held beneath each arm, it was Bilbo who spoke first. “N- n- no,” the hobbit protested, looking back at Kíli with pleading eyes. That gaze should be counted as a dangerous weapon and indeed, it took a great deal of willpower for the archer to keep from giving in. But he managed somehow, his mind reminding his heart that this was the best path open to them now. For if their burglar could release the ponies without alerting the trolls to his presence, then the company could ride out of here without any trouble and at least one more dwarf would know of Bilbo's usefulness. The once-king needed Bilbo to know that he would never allow anything to hurt him and his actions now were not meant to be cruel. He only wanted his hobbit to have as much faith in himself as Kíli did and proving his courage here would be the first step toward showing everyone. Because one of these days Thorin was going to eat his scornful words and the archer fully intended to be there when he choked that bitter mouthful down. “If you run into trouble, hoot twice like a barn owl, once like a brown owl,” Fíli added when their burglar kept hesitating, the other dwarf pushing Bilbo forward again and then pulling his brother with him out of sight. Bilbo looked almost betrayed when he glanced back to see that the two dwarves had disappeared and for a moment, Kíli wasn't sure whether he would follow through. But then the burglar squared his shoulders and began creeping toward the ponies, ducking close to the ground so that the trolls would not notice him. Indeed, their enemies were quite busy bickering amongst themselves and the hobbit reached their ponies without incident, though the once-king kept one hand on the hilt of his sword just in case. Kíli might trust Bilbo with his life – and he really did – but the dwarf was still going to be prepared to leap to the rescue if anything went wrong. And it seemed that a rescue might soon be required because after reaching the ponies, their burglar just sat there tugging at the trolls' pen ineffectually. Curse my close-shorn beard; he doesn't have his ring yet! Kíli realized with a start when the trolls began to argue more fiercely and Bilbo remained visible, freezing in place until the monsters settled down. Or his sword. Damn it all! The archer had quite forgotten that his hobbit began their journey without even a dagger to his name; indeed, he would have given him a weapon with which to cut the ropes if he’d remembered – it's not as though Fíli didn't have blades to spare. But now Kíli could only watch, praying that their burglar remained unseen and cursing violently when the Valar decided not to answer him. For one of the trolls grabbed Bilbo when the hobbit tried to steal his weapon and Kíli could not remain hidden after that. “Fíli, go summon the others! Now!” the once-king ordered as he pulled his sword free of its sheath and thankfully his brother did not question his newfound authority. Instead the older dwarf just nodded sharply and sprinted off through the trees, leaving Kíli alone to confront their enemies. The three trolls were gathered around Bilbo, poking and prodding the hobbit as he dangled from their fingers, and while he had refused to give up his friends so far, the once-king didn’t want to see him suffer for his bravery. So the archer ran into the clearing and slashed one troll across the leg to get his foes’ attention before shouting, “Drop him!” as fiercely as he could. “You what?” one of the trolls replied, looking down at the dwarf with confusion on its face. He’d forgotten how stupid these monsters were, stupid and yet extremely dangerous, and he needed to get his hobbit out of their hands as soon as possible. “I said, drop him!” Kíli shouted again, spinning his sword around dramatically. While the move was a little flashier than necessary, the dwarf couldn’t entirely resist the urge to show off for his burglar and it served its purpose well enough. Because the troll holding Bilbo proceeded to throw him directly at the once-king, who dropped his sword to grab the hobbit from the air. They tumbled onto the ground together, Kíli shielding the burglar’s body from the impact, and although this was hardly the time, the once-king couldn’t help but flush at the feel of his hobbit in his arms. Bilbo was pressed against him almost from head to toe, warm and soft and incredibly inviting, but he only had a moment to enjoy it before the rest of their company was rushing into the clearing with a dwarvish battle cry. So Kíli shoved his more lustful thoughts from his mind and helped Bilbo back to his feet, pushing the hobbit toward the safety of the trees before join his kindred in their fight. However, while the archer had grown more comfortable with his current body over the course of their travels, he quickly discovered that he was still far from battle-ready now. Indeed, the fire burning in the once-king’s blood might have added strength to his blows, but that was slim comfort when his hands refused to follow direction properly. Half of Kíli's strikes completely failed to hit their target, only Fíli's intervention saving his brother from serious injury. The few blows that the dwarf did land flew more on instinct than strategy, muscle memory guiding him where conscious thought could not. Clearly the once-king would need to train harder because this was just pathetic and he could not afford to acquit himself so badly in the defense of Erebor. Only, as it turned out, Kíli's sudden incompetence did not make a difference because it was soon obvious that the dwarves would not win this day with the weapons that they had. The best of the Blue Mountain's smithies could not pierce the mountain trolls’ tough hides and while the old stories hinted at such natural armor, the company had not had the chance to test this truth the last time they were here. In fact, Kíli and his kindred had been captured with embarrassing ease and the once-king was proud that they’d put on a better show tonight. Yet the archer’s satisfaction disappeared when he saw one of the trolls grab Bilbo, the entire company freezing as their hobbit was held up in front of them. “Bilbo!” the once-king shouted, only his uncle's arm across his chest stopping him from charging forward foolishly. Kíli could not hope to reach their burglar before he was torn apart and trying to do so would be suicide, no matter how much the dwarf might wish otherwise. So the once-king threw his blade down with a curse as the rest of Thorin’s company surrendered, his mood darkening further when Bilbo was thrown down next to him. This wasn't right – his hobbit was supposed to remain free in order to save the dwarves from being eaten – and yet it seemed that Kíli’s attempts to make things better had only screwed them up instead. At least Gandalf was still out there somewhere but there was no guarantee that he would return in time. Not when the trolls were far too eager to begin their feasting, lashing several of Kíli's companions together for roasting and tying the rest in burlap sacks upon the ground. We cannot die like this. Not so painfully nor so far from our goal. The idea was unthinkable and yet no matter how fiercely the archer struggled, he could not free himself. Indeed, none of the company managed to get loose before the trolls had finished building a spit on which to cook their captives and so the dwarves’ only chance of survival was to delay until dawn or the wizard came to save their lives again. The hobbit soon drew their captors into a heated discussion of cooking techniques and while Kíli was too busy counting down the minutes until sunrise to pay much attention to the details of their conversation, he felt a surge of pride at Bilbo’s cleverness. Being captured hadn’t stopped the burglar from working to save his companions and surely after this, Thorin would have to acknowledge his bravery. But then one of the trolls grabbed Bombur and lifted him above his mouth, the sight nearly sending the once-king down into a morass of painful memories. Death was too close, the echo of Kíli's grief twisting a knife deep within his spirit, and the dwarf pulled himself back from the edge of panic just in time to hear Bilbo declare that the company was infested with parasites. “We don’t have parasites! You have parasites!” the once-king shouted back, insulted that his hobbit would ever suggest such a thing. Sure Kíli might be looking a little scruffy after several weeks of travel but that was no reason for Bilbo to say he was diseased. If the burglar actually thought he was infected with something awful then the dwarf might never be able to win him over and this thought was so awful that Thorin had to kick Kíli in the side before he realized what was really going on. Of course their hobbit was just trying to stop Bombur from being eaten and the archer was so embarrassed about his confusion that he threw his own voice into the ruse a bit too enthusiastically. “Who’s that?” “No idea.” “Can we eat him too?” the trolls asked in quick succession, their curiosity proving to be their doom. For the wizard wasted no time in slamming his staff down on the stone beneath his feet, the enormous boulder splitting in two so that the sun shone directly onto the mountain trolls. The creatures screamed as this light fell upon them, their skin sizzling and crackling audibly. A few seconds later, there was only rock where living flesh had been and the entire company let out a resounding cheer at their close escape. It serves them right, Kíli thought to himself, looking at the trolls as he waited for Gandalf to come down and cut his companions free. That was just as unpleasant the second time around. Indeed, his back was aching from hours spent in such an awkward position on the ground and when he regained his feet again, the once-king stretched out his shoulders with a groan of relief. Only then did Kíli seek out his hobbit so that he could apologize for nearly ruining everything. “That was some quick thinking back there, Bilbo; I'm just sorry that my thickheadedness almost messed it up for you,” the archer said, truly mortified at his own stupidity. The burglar's voice sounded almost admiring and Kíli could not stop himself from flushing slightly when Bilbo reached out to touch his hand. He finally seemed to be making progress with his hobbit and he probably would have blurted out something utterly embarrassing if Thorin hadn’t interrupted them right then. Kíli's uncle didn’t seem to care that Bilbo had helped to save his life, choosing to ignore the burglar's courage under fire in favor of his earlier mistakes, and watching Bilbo’s face fall beneath the weight of Thorin’s anger was almost more than the once-king could take. “I- I just wanted to get our ponies,” the hobbit stammered weakly and before Kíli could come to his defense, Thorin rounded on his sister-son as well. While Kíli was sorely tempted to refute this accusation – asking how, exactly, he and his brother were supposed to chase off a bunch of mountain trolls would be a good place to start – he knew that Thorin’s words were driven as much by worry as true irritation and he was simply happy that Bilbo wasn’t the focus of his uncle’s wrath anymore. So Kíli just nodded along as the dwarf lord continued ranting, trying to appear contrite even though he wasn't really listening and eventually Thorin stalked off again. “Don't let him get to you,” the archer told Bilbo once his uncle was out of earshot, patting the hobbit on his shoulder and then calling Fíli over to do as Thorin asked. For as much as Kíli would have liked to hold Bilbo close until the burglar stopped shaking, he hadn't earned the right. Not in this lifetime, not yet, and his long years of pining meant nothing to his hobbit now. This would be so much easier if I weren’t the only one who remembered, the once-king thought somewhat despondently as he and Fíli rounded up the company's mounts. Although I would not wish the knowledge of their future deaths on anyone. But Kíli's mood improved slightly when Thorin took several of his companions to search the trolls' hideout and Bilbo returned with a familiar weapon in his hands. That sword had served his hobbit well in the once-king's memory, indeed it had slain an orcish general, and the dwarf was happy to know that his love would have protection when peril threatened once again. Although, the archer was not expecting that moment to arrive quite as soon as it did, the company’s discussion of what to do next suddenly interrupted by a mad wizard on a sleigh. Not just a sleigh, but a sleigh pulled by rabbits and Kíli would definitely have remembered seeing such a thing before. So the dwarf could say with certainty that he had never met this Radagast, nor had he heard such dire warnings in his last lifetime. While Gandalf had periodically disappeared on some unknown wizard’s business, that business had never followed him back to his companions, and Kíli dearly wanted to know just what in Mahal’s name was happening. But before the archer could ask, all conversation was cut short as an echoing howl sounded through the trees. “Was that a wolf? Are there… are there wolves out here?” Bilbo asked, looking around nervously. “Wolves? No, that is not a wolf,” Bofur told him, seconds before a warg leaped into the midst of their company. While Thorin brought down this beast quickly with one strong blow from Orcrist – the dwarf lord's weapon back in his hands where it belonged – another warg was close behind it and Kíli's arrow barely slowed it down. Of course, this was hardly surprising since the once-king missed his target yet again but perhaps the archer could be forgiven for his distraction because none of this was right. None of this should be happening and yet the dwarf could not deny the truth before his eyes. He must have changed something, altered the pace of his company just by being different than he had been before. Because the dwarves should not have met the trolls so early in their journey and they certainly should not have been attacked by wargs before reaching Rivendell. But whatever the once-king had missed, it was too late to fix it now. This was ill news indeed since the company could not hope to fight off an entire pack of wargs and riders, not when they'd barely had any chance to rest after the trolls' attack. Indeed, Kíli and the others had been awake for more than a day by this point and the once-king did not like to think that some tiny act on his part had so endangered all their lives. To make matters worse, the dwarves' ponies had bolted when the wargs appeared and they would never be able to outrun their enemies on foot. But then Radagast volunteered to draw off the warg pack with his rabbits and while Kíli worried for the brown wizard's safety, the company could not afford to refuse his gesture now. So the once-king told himself that Radagast would be fine and indeed, if anyone could escape unharmed from a warg pack, it would be this wizard because his sleigh burst from the copse as though pulled by Arien herself. “Come and get me,” Radagast shouted with a wild peal of laughter and the wargs raced after him, the group soon disappearing out of sight behind a hill. Once the orcs were gone, Thorin's company left the shelter of the trees, Gandalf leading them eastward across the rocky plain. They ran for what seemed like ages over rolling hills covered with stones and scrub brush, only luck keeping one of the dwarves from turning an ankle in some hidden gopher hole. Across such ground, the warg pack would have caught them easily without Radagast's assistance and yet, the brown wizard couldn't seem to shake his pursuers off. His rabbits were fast but the wargs were damnably persistent and his twisting path forced the dwarves to stop and hide more than once. They threw themselves down in the grass or under overhanging boulders, waiting anxiously until the orcs turned away again, and all Kíli could think about was how much he hated this. He hated the ever present danger threatening his kindred and the overwhelming fear that he would fail them all again. So by the time one of the warg scouts stumbled upon the company’s latest hiding place, the archer’s hands were already shaking with worry and exhaustion and his tension ratcheted up tenfold when Thorin ordered him to take the rider out. Because Kíli needed to kill this orc before he could warn his fellows and if once-king had been himself, he would have slain beast and rider with one shot. But he wasn't himself, was he? The dwarf was an old soul shoved back in his younger body and while his sword hand was slowly growing stronger, his aim had not recovered yet. So while Kíli did manage to hit the orc, he caught his foe in the shoulder instead of the throat as he intended, and the orc nearly managed to sound his horn before the archer released another shot. This arrow brought both creatures down, the rest of Thorin's company leaping forward to finish off their enemies. But while the orc fell silently, the warg was a different matter and the rest of its pack could not have missed the tortured screams that it let out before it died. The dwarves' enemies had been alerted because Kíli could not do the job he had been given and Thorin's annoyed glare made him cringe inside. The archer should have done better; he had been the goddamned Lord of Silver Fountains after all and he had bested Bard the Dragonslayer in a contest once or twice. So the once-king was damn well going to act like he had deserved the crown his people gave him and when the warg pack managed to corner its prey near a large group of boulders, Kíli stood tall against the tide. Not that this made the archer's aim any better but he would fight until his quiver was empty in the defense of his kin. Indeed, the dwarf shot arrow after arrow as he slowly retreated toward the rocks with the rest of his company, thinning out their enemies as best he could. However, even if Kíli had been able to hit more than half his targets, arrows alone would not have won this fight. The dwarves needed a miracle and he was rather hoping that their wizard might think of something clever soon. But when the archer glanced back at the boulders, Gandalf was nowhere to be seen and none of the company seemed to know where he had gone when Kíli asked. If the wizard had abandoned them, the once-king would curse Gandalf’s name upon his dying breath as the faithless friend that he had proved to be. For the once-king might have forgiven the wizard for leaving his company at Mirkwood – and he had, reluctantly – but to disappear now would be a far worse crime than that. “Come on, move! Quickly, all of you!” Thorin ordered, the other dwarves running toward the crevice that Gandalf had uncovered while Kíli and his uncle stayed back to cover their retreat. Only once the rest of their companions were safe within the rocks did Thorin shout for his sister-son to join him, the archer slinging his bow across his shoulders and sprinting toward the stones. He leaped into the gap moments before his uncle, the two dwarves sliding to a stop at the bottom and then turning to face the opening warily. Kíli fully expected the dwarves’ enemies to follow them into the crevice and he knocked another arrow for the moment that a silhouette appeared against the sky. But it seemed that his arrow would not be needed because the sound of the company's panting was soon drowned out by the echoing peal of hunting horns. The rumble of hooves and the wet thunk of steel through skin told the rest of the story, the orc who fell at Thorin's feet moments later proving it beyond a doubt. Because that was an elvish arrow buried in the creature's flesh and Kíli was pleased to know that Elrond was still a worthwhile ally in this life. Indeed, something in the once-king eased when Gandalf led the company further into the rocks and their path came out inside the hidden valley of Rivendell. Whatever dangers lay in the world outside, Rivendell had always been a place of rest and healing and the archer could not understand why his uncle was so angry that Gandalf had brought them here. Hadn’t the company meant to seek Lord Elrond’s counsel since no one else in the Westlands could read the dwarf lord’s map? Kíli certainly hoped that Thorin hadn’t been intending to find Thrór's hidden door without even the map’s short verse to guide them, particularly since the once-king had forgotten several of the lines. But when Elrond returned from orc hunting, Kíli's uncle greeted the elf lord with far more suspicion than was warranted. For while Thorin had always spoken of Thranduil with this sort of deep-seated hatred, Durin’s Folk and the Western elves should have been allies if not the closest friends. To make the situation even weirder, the archer was the only one who seemed surprised by his uncle’s words and actions, the rest of the company responding with just as much suspicion when Elrond welcomed them in Sindarin. He was offering food and shelter but Glóin and the other dwarves reacted as though he’d offered insult and surely the once-king could not be the only one who spoke the elvish tongue? Not that Kíli was supposed to know Sindarin fluently, but he was prepared to make up months of private study to explain his sudden talent if it would stop a needless fight. However, that turned out to be unnecessary for Gandalf stepped forward to tell his companions the truth of Elrond's hospitality. After a brief discussion, food proved more powerful than suspicion and even Thorin relaxed somewhat once Elrond's steward led the company to a well-laden table, enough food and drink to satisfy even the largest appetite. Admittedly there was more greenery and less meat than most dwarves preferred in their repast but Kíli, at least, was too starved to care. So the once-king dug in with a will and by the time Elrond joined the company, he was feeling much more himself. He joked with Dwalin, laughed at Ori and listened with interest when their host explained the history of the blades that Thorin and Gandalf had taken from the troll hoard earlier that day. Indeed, Kíli might have carried Orcrist in his uncle's memory, but he had forgotten that the wizard's sword had earned a name as well. Glamdring and Orcrist would serve their new masters proudly, though it was the as yet unnamed Sting which Kíli was still most pleased to see. However, that blade was not part of Elrond's story and when the elf returned Orcrist to Thorin, the dwarf lord thanked him almost civilly. So perhaps Thorin's earlier rudeness had simply been due to exhaustion and his dislike of being rescued rather than some deeper conflict, which meant that the rest of the dwarves' stay in Rivendell should pass peacefully. Truthfully, Kíli was quite looking forward to a few weeks of rest in which to practice his archery and create a better plan. The once-king needed to use the years the Valar gave him to anticipate the coming dangers and avoid them instead of running around in a panic every time a monster howled. The archer also planned to use this time to talk to his hobbit because Bilbo was never going to fall back in love with him again if all of their conversations were interrupted by Thorin's glaring or one of Bofur's stupid jokes. Kíli needed to show his hobbit that he wasn't actually as foolish as he'd probably seemed during the first part of their journey and these two weeks in Rivendell would be the dwarf's best chance to start courting the burglar properly. The once-king would have time to state his intentions since the company had to wait for the moon to be aligned correctly before Elrond could read Thráin's map and so he did not think much of it when Thorin, Bilbo, Balin and Gandalf went to meet with the elf lord later on that night. Kíli was busy enjoying a late-night meal with his companions, snacking on fire-roasted sausages while he and Fíli traded jokes back and forth. One lighthearted evening would be just the thing to put him in the right mood for romance since Bilbo did not need to know about his sorrows yet. Perhaps someday far in the future, Kíli might be able to tell his hobbit about the life that he had lived without him, but it would doubtlessly be better to stick to flowers and stories from his childhood for now. For the once-king had seen some lovely violets on the way into Rivendell and Bilbo had always enjoyed his descriptions of the fire moon near Dunland when Kíli had told the tale before. So even though Thorin and his companions returned too late for the once-king to speak with Bilbo again that evening, he was not particularly worried about the missed opportunity. Kíli would have days to woo his hobbit before the dwarves left Rivendell and a good night's sleep might lower his chances of making a complete fool of himself. But instead of waking comfortably to the fresh scent of elvish bread rolls, the archer was shaken from a sound sleep before the crack of dawn. He looked around in confusion to see the other dwarves packing up their gear, Thorin ordering his sister-son to his feet when the once-king hesitated for too long. This doesn't make any sense, Kíli thought, completely flabbergasted by the time that he had lost. Even if their company had been traveling with greater speed in this lifetime than in the last, there was no way that the elf lord should have been able to read the moon runes on Thorin's map. But when Kíli mentioned this concern to Balin, the older dwarf assured him that Elrond had translated the runes without any trouble and the once-king could not understand how this was possible. Because leaving Rivendell now would alter the entire timeline of their journey and Kíli did not want to imagine what this change might mean. However, Thorin could not be dissuaded and so despite the archer's misgivings, their company marched out with the dawn. Perhaps this will allow us to avoid some of the dangers that we faced in the past, Kíli told himself, trying to remain optimistic about their chances even as the absence of their wizard left him cold inside.

2019-04-20T12:34:22Z

https://rata-toskr.livejournal.com/50346.html

Kristen Bragg is currently a second year graduate student working towards her Master’s Degree in Communication Sciences and Disorders at Western Carolina University (Cullowhee, North Carolina, USA). As a non-traditional, returning student, Kristen left the workforce in 2011 in order to pursue her true passion of helping others to communicate effectively. She is scheduled to graduate in the spring of 2014 and begin working to complete her Clinical Fellowship. After graduation, she hopes to work with children with a wide range of needs in a school setting. Hearing Association chapter at Western Carolina University. She is scheduled to graduate in the spring of 2014 and begin working to complete her Clinical Fellowship. David A. Shapiro, Ph.D., CCC-SLP, ASHA Fellow, Board Recognized Fluency Specialist, is the Robert Lee Madison Distinguished Professor of Communication Sciences and Disorders at Western Carolina University (Cullowhee, North Carolina, USA). In his fourth decade of providing clinical services for people who stutter and their families, Dr. Shapiro is a regular presenter at conferences and has taught workshops, provided clinical service, and conducted research in six continents. His book, Stuttering Intervention: A Collaborative Journey to Fluency Freedom, is in its 2nd edition (2011, PRO-ED) and continues to find a wide international audience. Dr. Shapiro is actively involved in the International Fluency Association (IFA) and International Stuttering Association (ISA), received IFA’s 2006 Award of Distinction for Outstanding Clinician in Dublin, Ireland, and was elected IFA President in 2012. He is a person who stutters, has two young adult children with his wife, Kay, and lives near the Great Smoky Mountains National Park. Stuttering intervention often is distinguished into two general categories – stuttering modification and fluency shaping (Guitar, 1998; Shapiro, 2011). Stuttering modification assumes that stuttering results from struggling with disfluency or avoiding feared words or situations; intervention seeks to reduce speech-related avoidance behaviors, fears, and negative attitudes, while modifying the form of stuttering. In contrast, fluency shaping assumes that stuttering is learned; intervention is based upon principles of behavior modification and seeks to eliminate stuttering in a controlled stimulus environment. In reality, however, most stuttering intervention utilizes a combination of stuttering modification and fluency shaping. This paper addresses an activity called “Catchphrase” that was used as part of a stuttering modification approach with “Jeff,” a school-age boy who stutters. In doing so, we will review characteristics about the case and the activity that led to the expected positive outcomes for Jeff and unexpected outcomes for the clinicians. In an exemplar form of stuttering modification (Van Riper, 1973), desensitization aims to reduce speech-related anxieties so that the person who stutters can learn new ways of coping with and responding to stuttering. One way to do this is by stuttering deliberately (i.e., pseudostuttering) and then by making modifications in order to stutter more easily or with less effort. By pseudostuttering, the person’s awareness of fluency and disfluency increases, as does facility to control stuttering. But how can a clinician who has never stuttered understand the nature of stuttering and help a person who stutters become comfortable with the risk of fluency failure and the use of fluency controls? Manning (2004) posed this question directly for clinicians who do not stutter: “How can you understand stuttering? You don’t stutter!” (p. 58). This very thought is what prompted us – two clinicians who do not stutter (Bragg and Fowler) – to modify the popular game “Catchphrase” for the client to practice desensitization and for the clinicians to learn to pseudostutter. Though we prepared for a fun activity, we could not have been prepared for its impact on our client and, particularly, on us both personally and professionally. Our client, Jeff, was a 13-year old boy who, at the time, had been receiving fluency intervention services for two years. He had experienced significant progress by increasing his use of speech in social situations where he previously elected not to speak, and heightening his overall fluency in conversation by 17%. However, his use of fluency controls had reached a plateau in therapy. We were unsure of how to continue with therapy and even if it should be continued. The dilemma was that although Jeff had a significant number of observable disfluencies, he perceived himself as fluent. It was unclear whether Jeff was unaware, in denial, or apathetic. He was proud of his personal success since the start of therapy and received an immense amount of positive reinforcement from his family, friends, and clinicians. However, there was plenty of work still to be done in order to take fluency to the next level and to eventually work on stabilization, two objectives he indicated a desire to achieve. To help bring Jeff’s fluency to this next level, we knew that we needed to determine his awareness of fluency and his ability to distinguish it from disfluency. We decided the best way to do this was by creating a fun activity that included pseudostuttering. Since it is never fun to play a game by oneself, we decided that we must play by the same rules as the client and pseudostutter ourselves. The rules of Catchphrase are simple yet difficult to follow under pressure. First, the players divide into two teams. One player at a time is provided a word and must describe it to the teammates without saying the word itself. The team receives a point when the fellow teammates correctly guess the word being described. We adapted the game and made a set of cards with our own words that were tailored to the client’s age and interests. The electronic version of Catchphrase has a beeping timer. We chose not to use a timer during therapy because it would create unnecessary pressure for the speaker. Rather, we added another element to the activity for usefulness in the clinic setting. Specifically, we created a set of cards that directed each player to speak in a specific manner. These cards included: using fluency controls; speaking quietly, loudly, quickly, or slowly; stuttering with whole word repetitions, part-word repetitions, or phrase repetitions; or using prolongations, interjections, or revisions. During the game, which consisted of the client, two clinicians (Bragg and Fowler), and one clinical supervisor (Shapiro), each player was required to abide by the speech pattern specified on the card that was drawn. The prescribed speech pattern was required not only during the game, but also during related conversation that involved asking game-related questions, relaying how one felt, or making general comments to other players. For accountability purposes, each person started with the same number of tokens. All players rewarded the others with a token for speaking in the manner as directed by his or her card; all players removed a token from a player for failing to speak as directed by the card. The token system reminded all players at some point to “get back on track,” as it was easy to forget to stick to the directive on the card, especially if the card represented a novel way of speaking as it did for the clinicians. First and foremost, Catchphrase provided Jeff with a heightened understanding and a sense of control and empowerment. After we reviewed what each card meant and provided examples, Jeff was eager to play. By chance, he first drew many cards directing him to stutter. When he finally drew a card directing him to use fluency controls, his overall fluency improved tremendously compared to previous sessions and the beginning of the present session. Before the Catchphrase activity, he demonstrated one or more disfluency on 18% of the words spoken during a two minute conversational sample. During the activity, he used his controls and demonstrated disfluency on less than 5% of the words spoken in a conversational sample of the same length. We used an audio recorder to play back Jeff’s use of fluency controls to further heighten his awareness and to offer positive feedback. Though we may never fully know what it is like to be a person who stutters, this activity gave us a glimpse into that reality. It brought us to the empathic “as if,” shortening the distance between our reality and that of the people we serve (Rogers, 1961; Shapiro, 2011). If anything, our empathy is stronger and we feel more prepared to work with and learn from people who stutter. It is our recommendation that speech-language pathologists who intend to work with people who stutter engage in pseudostuttering multiple times and in multiple settings to gain insight into the reality of stuttering. Our client related more closely with us in this session than in others, perhaps because he felt that we were beginning to understand his experience. He could see that we put ourselves into his experience, that we genuinely wanted to know more. He saw the impact that stuttering had on us. As clinicians, we learned more during this activity than we ever expected. We found the experience to be enjoyable and rewarding, in addition to being memorable, humbling, and inspiring. Do clinicians who stutter make better clinicians for people who stutter? Can a clinician who does not stutter work effectively with a person who stutters? Do people who stutter understand the experience of another person who stutters better than a person who does not stutter? Do clinicians who stutter have biases or predispositions that can interfere with or reduce the objectivity of the clinical process for a person who stutters? Can anyone ever truly understand the experience of another person? What facilitates and what inhibits a person’s understanding of another person’s experience? This paper addressed one activity – Catchphrase – that remarkably enhanced two clinicians’ understanding of stuttering. What other activities might help clinicians build their own understanding of stuttering and the uniqueness of the stuttering experience to each individual? What opportunities presently exist for student clinicians in professional preparation to understand the experience of stuttering? How might the graduate experience be enhanced to achieve such an understanding in order to deliver best practice for people who stutter and their families? Guitar, B. (1998). Stuttering: An integrated approach to it nature and treatment (2nd ed.). Baltimore: Lippincott/Williams & Wilkins. Manning, W. H. (2004, Spring). How can you understand stuttering? You don’t stutter! Contemporary Issues in Communication Sciences and Disorders, 31, 58-68. Shapiro, D.A. (2011). Stuttering intervention: A collaborative journey to fluency freedom (2nd ed.). Austin, TX: PRO-ED. Van Riper, C. (1973). The treatment of stuttering. Englewood Cliffs, NJ: Prentice Hall. What an innovative idea and an inspiring experience! I’m sure it meant a lot to your client that you were able to glimpse his world and relate a little more intimately. Can you share any specific “ah-ha” moments? Did you find your temporary dysfluency carrying over into your day after the session had ended? Hi Jennifer. Thanks for your praise. As far as specific “ah-ha” moments are concerned, from the moment that we became “naturally disfluent” was the start of “ah-ha” moments that lasted the entire session. Personally, whenever I tried to tell a joke and had to stop because it took so long that it was no longer funny was a huge moment for me. This was when empathy was at its highest. It was also huge when Jeff was able to speak fluently for many minutes, which was something that we rarely heard him do. The temporary disfluency lasted about an hour after the session. While reflecting after Jeff left as a group, it happened often to both Perry and myself. Even when I got home and spoke with my husband, I still felt weird and continued to stumble on my words. Great idea! Has anyone else played this game with their clients? In our fluency class for undergrad, we had to engage in stuttering for a week and write down our reactions. It definitely gives you a different/better idea of what people who stutter go through on a normal basis. This also makes relating to them and their feelings easier when your in therapy. Hi. Thanks for sharing. I do not know of anyone else who has played this game with our specific modifications with their clients. However, hopefully some of those who have read our paper will consider giving it a try. I really enjoyed reading about your treatment session with Jeff! Although I am not a person who stutters, like most, I have had the experience of stuttering in public and have felt the negative responses. I do have a question to ask: In terms of your other clients, do you feel making mistakes similar to those of your client’s would help create mutual respect and trust? I’m not an expert, but I definitely think by us making the same disfluencies typical of Jeff’s speech created a stronger feeling of respect and trust between us. Prior to mine and Kristen’s involvement Jeff had built a solid relationship with Dr. Shapiro. I think Jeff truly identified with Dr. Shapiro and admired him in a sense. With that strong rapport already established it was easy for Kristen and I to slip into the therapy routine with him. When we participated in Catchphrase and pseudostuttered it was as if the wool had been lifted from my eyes. I was put in such a vulnerable position that I had not mentally prepared for, and I think Jeff totally identified with those feelings. From there, the door was opened to talk more in depth about internal dialogue and stories of the past that can be quite painful to discuss at times. It helped him open up to us (me and Kristen), and it help also helped us open up in therapy as well. In the end it was a great experience for all involved, and did in fact create mutual respect and trust. Thanks for your response and question! I really like the game description, what good thinking on your part. I do have a few questions. I wondered how did you two think of that game, and or why that game, and not a different one? You have already semi answered this question: I wondered if you two had tried the game again, and if so did the game yield the same results? I read in a comment that Jeff continued to decrease his disfluencies. Did it affect the three of you in the same way as it did in the first trial of the game? What were Jeff’s attitudes or feeling about coming to therapy, since he had been coming for two years? Had he previously went to speech therapy, and had a lapse in intervention services, or was the first time he was ever seen two years ago? I read in a comment that Jeff had been previously seen by Dr. Shapiro. Was he receiving intervention at a school that he was attending, prior to coming to see Dr. Shapiro? Or was Dr. Shapiro the first SLP he was seen by? Was he referred? What made Jeff come to you Dr. Shapiro? Who brought him? I really liked when in a comment you stated that you could bring in family members, or whomever to be a part of the game. I think that would be a great learning experience for the family or other people joining in. In my graduate class we watched a video of a young boy who has Tourette’s syndrome and the father, of all people, would not even eat dinner with his son. It made me think does he not understand that his son cannot control his outbursts. It broke my heart. Was his family supportive, and wanted to participate in therapy? Thanks for you feedback Alisha. We were brainstorming on different games that would be appealing to a 13 year old boy. We wanted to incorporate a game that required the participants to talk for obvious reasons. Catchphrase was just one of those games that came up and we went with it, not expecting the results it eventually yielded. We did try the game a second time, but the results were not quite as profound. There’s nothing like the first time so I think we all knew what to expect (to an extent) the second time. It didn’t calm my nerves though. Pseudostuttering is a very odd, and nerve wrecking thing to do when you’re typically a fluent speaker. Jeff enjoyed coming to therapy. He had been coming to Dr. Shapiro for a number of years prior to mine and Kristen’s work with him. (I cannot remember the amount of time he had been coming to see Dr. Shapiro so I don’t want to give a false estimate.) Jeff had previously been seen as a young child in the school system. He was seen by his elementary school’s hired SLP. He did not have a good experience in speech therapy as a young school age child. Eventually he ended up seeing Dr. Shapiro, but again I am unsure of the timing of events and do not want to report false information. Jeff was typically brought to the clinic by his mother, and another family member, usually his grandfather or grandmother. His father would bring him occasionally, but he traveled a lot for his career and was out of town more often than not. Jeff’s family was very supportive and enjoyed participating in therapy when appropriate. I hope that answered your questions! Thanks again. What a great, functional activity! It must have taken you each a very long time coming up with pictures and vocabulary that would be relevant to a 13 year old boy. I believe it is imperative for all clinicians who work with people who stutter to feel comfortable pseudostuttering, especially since we know it can have beneficial effects on both the client and clinicians. Since this activity had such a huge impact on you and your client, I am wondering, what kind of activities or treatment techniques did you decide to utilize after this successful therapy session? Did you go back to the techniques you were using before? Did you incorporate anything new from what you had learned from the Catchphrase activity? We began incorporating pseudostuttering in the activities following our success with Catchphrase, which was new for me and Kristen. We would engage in natural conversational speech often times. Also, we’d participate in specific activities such as describing a photo to the group in the therapy room while pseudostuttering in a particular manner (i.e. whole word repetitions, part-word repetitions, etc.). To promote Jeff’s fluency, we focused on gentleness, evenness, and naturalness of his speech, as we did previous to the Catchphrase activity. What a great therapy activity. I can only imagine the amount of insight and rapport it gave you with your client. I think it is important for clinicians who work with clients who stutter to practice pseudostuttering in order to get a small understanding of what their clients experience. I would like to know if you have tried this activity with younger clients? Do you think that younger clients (elementary age) would gain as much from this activity? Were the results that you saw during this activity, reduction in percentage of stuttering, maintained at the next session? Hi Teresa. Thanks for your response. Neither Perry nor myself have tried this activity with younger children. I think that I would only play this game based of the individual child’s maturity and level of awareness. I did have a very bright and mature 9 year old over the summer who had recently learned different types of disfluencies and what each type sounds like. I would quiz him on the different types. The next step was going to be pseudostuttering, but I had to leave my placement for the semester. The reduction that we saw was only maintained during the next session once Jeff was reminded to use his controls and we started playing again. This was usually the case. He would start out very disfluent in sessions, but disfluencies would decrease once he started to increase his awareness. This is such a great activity! One way that my fluency professor got her grad students to engage in the same concept was to assign a “pseudo-stuttering lab”… each student got to choose when, where, and how they stuttered, but they had to do it in front of someone they didn’t know. Activities like these are great ways to experience the emotions behind stuttering, even if just for a moment- I can’t speak to whether or not this experience makes better clinicians in terms of lessening stuttering behaviors, but it can certainly lead to increased empathy when counseling people who stutter. I wonder if showing clients vulnerability through activities like this in session (rather than doing them outside of the clinic) makes them more at ease as well… I think that this factor could have a lot of potential in encouraging client’s who stutter to push through some of the more emotionally draining aspects of therapy. I couldn’t agree more. Pseudostuttering gave me a new perspective and also provided Jeff with a new perspective. Thank you so much for reading our paper and responding. I appreciate your outlook. Very interesting idea! I’m a graduate student, as well, and I picked my thesis topic last spring; however, I’m currently enrolled in my fluency class and feel like there are so many potential thesis topics when it comes to stuttering, so I definitely think you guys had the right idea to go in this direction! But in your opinions, do you think that this intervention activity is best for therapists treating clients who stutter or for the clients themselves? I understand that you felt that it benefitted both parties; however, it seemed like the activity had more of an emotional effect on the therapists than the client (or perhaps this paper was written that way). Was your intent to measure the reaction of the game on therapists or on the client? For one of our projects for my fluency class, we have to go to a public facility and “pseudostutter”. Perhaps practicing using your intervention activity will help us prepare! In my opinion, I believe this intervention activity is best for both parties. We designed this activity with the client in mind so that he could (hopefully) experience the feeling of control over his own speech. We accomplished that goal through the help of this activity. Coincidentally, Kristen and I were rewarded with the experience of pseudostuttering in conversation with our client and supervisor, two individuals who both are persons who stutter. We unexpectedly gained a new perspective as graduate clinicians, as well as a sense of empathy that is vital in counseling clients who stutter. We wrote this paper highlighting our experience as clinicians and what we gained from the experience. Regarding the intervention activity itself (i.e. Catchphrase) our intent was not centered around the therapists. It was most definitely intended for the client. I apologize for the confusion. We were in no way attempting to relay a selfish message. I do hope this answers your question and clarifies our intent as authors/graduate clinicians. Best of luck to you and your studies. Thank you for perspective and response. I am a communication sciences and disorders student and am currently enrolled in a voice and fluency course. What a clever activity to increase Jeff’s awareness of his stuttering and give you all a chance to experience stuttering yourselves. In a response to someone’s comment, you mention that Jeff has a supportive family who attends therapy, have you attempted to play the game with them for generalization purposes? We invited family members to engage in the Catchphrase activity, but they preferred to observe the therapy session in a separate observation room. Please do not mistake their decision as being un-supportive. I believe their decision was based on preference, as well as wanting to keep the therapy room members a constant. The game was explained to the family members in the chance that they wanted to partake at home. It was never reported to me whether or not the family actually played at home. This is such a great idea for fluency therapy! As a first year graduate level clinician, I love hearing about new techniques to utilize familiar games in therapy! I do not currently have a fluency client but this will be a great technique I can utilize in the future. I enjoyed reading about all the modifications you used to adapt Catchphrase to your particular client. We had to perform a pseudostuttering activity as an assignment in our Stuttering II class and it is imperative to experience what a person who stutters endures everyday. It is important to switch sympathetic feelings toward PWS to empathic feelings and to walk a day in their shoes. Have you had positive experiences using pseudostuttering in therapy? Does it not work for some clients? Additionally, do you have any other familiar games/ideas for fluency therapy for a first year graduate student? Thank you for the great article and your time! We had a positive experience using pseudostuttering in therapy with Jeff. Unfortunately, he is the only fluency client I have had and utilized this technique with. I, therefore, am unable to speak to whether or not the concept would work for other fluency clients. I do think it’s a good activity to keep stored in your mind because you can tailor it to any age. What a great idea! I personally feel that progress in therapy cannot be made unless the client is aware of their communication. This game sounds like a great way to increase awareness while still having a good time in therapy. The success that you both have had with this client shows that a clinician who does not stutter can effectively work with a client who stutters. The willingness to understand your client’s perspective and make yourselves vulnerable to him goes a long way. Thank you so much for your thoughtful response. I couldn’t agree more with your statement above. In the long run, I believe this activity will be beneficial for both me as a graduate clinician and for Jeff as a fluency client. I know I will always look back and remember the impact this has had on my personal perspective and SLP practice. What a great experience for both of you, as well as a great intervention activity for your client. I am a second-year graduate student and I am currently taking a fluency class. One of our assignments is to “pseudostutter” in a public situation and write a paper on our experience. I haven’t completed the assignment yet but I’m sure it will be a valuable experience! You ask some challenging questions at the end of your paper. I do not think a clinician who stutters would necessarily be a better clinician for a person who stutters, although they may have greater empathy. I think the most important thing a clinician who is working with a person who stutters can do is recognize that each person who stutters is an individual and what worked for one person may not work for the next. Thank you for reading and responding to our paper. As you stated, empathy is an important quality to possess as an SLP when counseling a fluency client. I believe having that characteristic will play a large role in the level of effectiveness of your treatment approach. I agree with you when you say that “each person who stutters is an individual and what worked for one person may not work for the next”. That seems to a a vital role in all of our education and training. I appreciate you opening up a discussion regarding our paper. Best of luck to you in your graduate studies. What an awesome idea! I am currently a second year grad student at Idaho State University and doing a placement in a local elementary school. I find this fascinating and plan to suggest this to my supervisor. We have been searching for different ideas to make therapy “fun” for the students. This could work!! Hope that all works out. Best of luck to you. Thank you for sharing your experience with Jeff. I really enjoyed reading about this idea for therapy. I am currently taking a fluency course and was given a pseudostuttering assignment this semester. I was amazed at the amount of anxiety, and number of avoided situations from face to face interactions I experienced all because I didn’t want to stutter. At the conclusion of the assignment I felt I had experienced a small taste of what the life of a PWS is like. As I was reading through your paper I thought about my different encounters and often found myself relating to how you must have felt that day in therapy. Since most of my encounters were relatively short, I am eager to try this activity out in order to increase my understanding and knowledge of the physical and emotional drain that a PWS goes through everyday. I do have a couple questions about the game for future clients… At what point in the treatment process would you recommend playing this game? I would imagine it is important to educate the client on the different stuttering techniques; but would you wait until you hit his or her plateau (like Jeff), or play it towards the beginning of treatment? Based on your experience with the game, how do you think younger ages would do? Good luck to you both on the rest of the semester!! Good questions Elizabeth. I would recommend playing this game once the client has had some success in sessions, has built a relationship with the clinician and is comfortable enough to openly talk about using controls and what different types of disfluency sounds like. We had at least 8 hours with Jeff before we did played this. I probabaly wouldn’t jump right in. We did not base waiting off of his plateau, rather we based when we played off of how long it took Jeff to become well aquainted with us and make the personal decision to take his treatment to the next level. I don’t believe that I would set an age limit with this game, rather I would base it off of each child’s maturity level and how aware they are of their disfluencies. Good luck to you too. Thanks for sharing your experience! What an amazing opportunity to better understand the clients you work with. I am also a graduate student in speech-language pathology, and am currently taking a fluency class. As a key part of the course, we had an assignment which required us to pseudostutter in public at least 3 occasions. After completing the assignment, I felt many of the same emotions that the clinicians have described here. I am so glad to hear that this activity also had a positive impact on the client. I definitely plan to incorporate pseudostuttering into my future sessions as a clinician. Although I am a person who does not stutter, I think that activities like this bring me closer to understanding what those who do stutter go through every day. Thanks for your feedback. Good luck to you in the future. I really love your idea to pseudostutter while playing catchphrase! I’ve pseudostuttered with a client before, and I know how exhausting it can be. Did you pseudostutter at any other times during your session, or just during Catchprase? Also, have tried any other pseudo-speech disorders, such as pseudo-misarticulations, with other clients to try to build rapport and understanding like you did with Jeff? Good luck! Hi. We stuttered throughout the entire session including during conversations, feedback, and describing how we felt. I have not personally tried any other pseudo stuttering with clients, but all of my fluency clients have been very young and I have not felt it would be appropriate. Good luck to you in your future as an SLP! Thank you for sharing this story. I am also a second year graduate student studying speech-language pathology. I am currently enrolled in our program’s fluency course. Pseudo-stuttering is a technique that has been discussed and we will be participating in a pseudo-stuttering exercise for one of our assignments in which we must pseudo-stutter for a day. I already have some anxieties about it and it was interesting reading about the anxieties and fatigue you experienced with your activity. This seems like a great therapy activity for both the client and the clinicians. I currently work with children who stutter at my elementary school placement and would love to try this activity. Thanks for sharing Christy. Good luck to you. I like how this innovative activity provides a learning experience for both the client and clinician. I was wondering how well the child was able to generalize learned skills during the activity to other communicating opportunities? Thank you for posting this article! What an interesting and creative way to help your client decrease his stuttering, become more aware of his stuttering, and even have you become more aware of what it is like to stutter. As a Communicative Disorders graduate student, we were required to pseudostutter in 3 locations. I think a great addition to this assignment would be to play this version of Catch Phrase with peers for a few hours. I think it could have a great impact on everyone involved. Thanks for your feedback. Good luck to you in your future. Thank you for honestly sharing your experiences with this activity. I really enjoyed reading your paper! Thanks for sharing your feedback. I am sure the benefits of your assignment will be well worth the nerves. I think that every graduate student who does not stutter is terrified to pseudostutter for the first time. However, I am so glad that we did it. Good luck to you. Thank you so much for writing this paper. I had to complete a similar assignment in undergrad where I voluntarily stuttered for a week. I found it to be a very valuable learning experience that all potential speech pathologist should complete. I can imagine it was even more valuable for you because you were completing it in front of a client who stutters. I was curious about why you chose Catchphrase? Recently when I went to a National Stuttering Association meeting someone brought this game and most individuals were apprehensive about playing. I liked how you took the timer away from the game to decrease the pressure. Hello. We were trying to think of a game that required a decent amount of dialogue and also where we could incorporate Jeff’s personal interests. We based many of the cards that we created off of things or places that we knew he could describe well or that he liked. Thank you for your interesting paper. As I have not received formal therapy for SO MANY years, it was particularly useful for me to gain an understanding of the terms “stuttering modification” and “fluency shaping”. David, it was a pleasure to spend time in your company (albeit briefly) at the last ASHA annual convention in Atlanta. Hopefully our paths will cross again in the not too distant future. I am a first year graduate student at Idaho State University and one of our upcoming assignments is to pseudo-stutter. I know most of the class is terrified and this activity seems like a great way to practice and gain perspective in an interactive environment. I really appreciate you sharing this activity and I am excited to use it when I have a fluency client in the future or even with my fellow graduate students for practice. You mentioned your client perceived himself as more fluent then he was and that he was proud and confident in his speech, did bringing awareness to his dysfluent events cause a decrease in his confidence? If not, how did you present this information in a way that allowed him to maintain his positive self image? Hi Breanna. We did not specifically point out any of his disfluencies during the activity. Instead we attempted to empower him by allowing him to realize that he is in control of his fluencies verses disfluent moments. We played back only the moments where he was fluent and focused on the positive. In therapy overall, we explained to him that many people become good at things, but there is always room to take what we practice to the next level in order to master our skills. We presented it in this manner and he did not lose confidence as a result. I truly enjoyed reading this article on your successes pseudo-stuttering while playing Catchphrase. I am a graduate student and I am currently taking a class on fluency. Our professor requires us to complete pseudo-stuttering activities. Initially, upon learning about this course requirement, I was anxious and not looking forward to working on it. Now that I have read this article though, my feelings on completing this task have changed. The fear of being judged by others as you stutter is a feeling we cannot fully comprehend as someone who doesn’t stutter but through your exercise, you were able to begin to understand the demands to perform that a person who stutters must feel. Your client’s “welcome to my world” comment touched me and encouraged me to better comprehend the negative emotions attached to stuttering. I also found your use of Catchphrase in therapy to be a great way to bring awareness to your client in respect to his stutter. Thank you, ladies! Thanks so much for sharing Jillian. I am glad that our paper was able to give you the boost of confidence that you will need to complete the assignment. I promise you that you will feel much better after you do it. Good luck to you in your studies. My name is Kendre, and I am a graduate student at Idaho State University. I’ve been working in the field for the past 5 years or so, however only recently have I encountered any clients who stutter. It’s quite an intriguing subject, and something that has very little “hype” with respect to therapy techniques and intervention (as opposed to other areas in our field). Best of luck to you in the future!!!

2019-04-19T00:26:02Z

http://isad.isastutter.org/isad-2013/papers-presented-by-2013/catchphrase-a-stuttering-intervention-activity-with-unexpected-benefits/

(c) Copyright Uncooked Media UK. All rights reserved. I am going to meander a bit today. Please bear with me. I’ll get to the point somewhere in here and probably veer off again, but I’m sure you’ll understand. Samantha and my son live three doors and a crosswalk away from her middle school. She was crossing said street — in the crosswalk, with the light, in a school zone — when a woman turning left struck her from the side and rear. Samantha went up on the hood of the car, rolled off, and fell to the ground. She, fortunately, landed on her side (as opposed to on a joint or, God forbid, her head). I won’t go into detail with regard to the legalities of what happened afterward as that is still unwinding (I incidentally while questioning Samantha about what happened used some of the techniques which Sue Colletta noted in her wonderful TKZ post of November 5). What is important is that Samantha is okay so far (and yes, we are keeping an eye on her) but she picked herself up, submitted to medical examinations, and went to school the next day, where she basked (probably the wrong word) in the vague celebrity that shines on someone of her age (she’ll be 12 next week) who experiences a near catastrophe and comes out of it (relatively) unscathed. Am I grateful or thankful that she was apparently uninjured? I’m not sure. “Thankful” and “grateful are appropriate but don’t quite cover it. I don’t think I have the words. I am considering, somewhat seriously, leaving all of my worldly goods behind and joining a monastery where I can devote every waking moment to prayer and good works as a small step toward balancing the scales that tipped so that Samantha could emerge intact. There is at any given moment only a hair’s breadth between a sigh of relief and the scream of anguish that herald’s the worst day of someone’s life. The birthday party we will be having on Thanksgiving might have been spent in a hospital waiting room. Or worse. So. Flash forward to this past Tuesday. I had been trying to think of something, some minor gesture, to uplift Samantha a bit and tilt her world away from what happened and into the right direction. I happened to be in one of the local Half-Price Books stores and passed by the magazine section. There was a space jammed with a magazine called Weekly Shonen Jump which I quickly recognized as a manga magazine. For those of you over the age of forty — and what follows is a bit of an oversimplification — manga is the general name for a Japanese comic book. It is distinguished from anime, which is what we might characterize as a Japanese animated movie. The styles of both media are the same and very distinctive. I am not a fan — it gives me a headache to read/watch it — but Samantha is a huge follower. Weekly Shonen Jump runs upward to five hundred pages an issue and reprints previously published stories. Its nickname in both its American and Japanese incarnations is “phone book,” because of its thickness. The English language version (which is what I had found) goes for a cover price of five dollars an issue which isn’t a bad price at all. The bookstore was selling the issues for fifty cents each, which is, um, even better. An extremely helpful clerk who saw me looking at the magazines directed me to another stack of a publication titled Neo, a slick-paged magazine which concerns itself with manga, anime, and Japanese video games. I bought the entire kit and kaboodle of both, dropping around ten bucks for seventeen magazines that ultimately took up most of the room in the box I needed to transport them to my car. (c) VIZ Media. All rights reserved. Thankful? Grateful? Yes. My granddaughter is alive, well, and loves to read. Like I said earlier, however, I don’t quite have the words to express how I feel. I’m thankful for other things. I wake up in my own bed every morning and can put my own feet — I still have both of them. Many people don’t — on my own floor and can put on my own clothes without assistance. And I have clothes. I also have windows and doors that I can open and close at will in a house that I own free and clear in a neighborhood that is (for the most part) quiet and peaceful. If my reach occasionally (okay, frequently) exceeds my grasp, I have both arms, both hands, and ten digits with which to fail gloriously and otherwise. I also have an ungrateful and unappreciative cat who somehow still elicits the best out of me several times a day, every day. There’s food in the refrigerator and the water, heat and air conditioning works on demand. I can still work at my job and if I get tired of it I can go do something else. I have four wonderful children, who are each successful in their own way. And. I get to do this — communicate with you — which is what I am doing right now. I am thankful for you. But to have a granddaughter who loves to read and appreciates a small gift that elicits a response like the one she gave o me…as I keep saying, I don’t have the words. Happy Thanksgiving. Please keep reading, and for those of you who fight the good writing fight, please continue to do so in order that Samantha and every child who loves to read will have great stories to enjoy for the rest of their lives. May they and you be safe for all of the remainder of their days and yours. Thank you. This past Thursday, November 1, we lost a great and terrific guy named David Williams. Many of the regular contributors and visitors to The Kill Zone know that name. David told me on a number of occasions that the very first thing he did every morning was sit down in front of his computer and read the daily post of The Kill Zone. When David would choose to comment he always made the post just a little bit better, no matter how superlative it was to begin with. I told him quite truthfully that it was that knowledge which frequently gave me the inspiration to write something when it seemed like the well was dry. It’s accordingly more than fitting that David is the subject of today’s post. Hopefully, I will be forgiven for stating that today he is undoubtedly reading this from a place of comfort which he has earned and deserved. I accordingly really, really need to make this post a good one. I got to know David through correspondence generated by The Kill Zone. We then became the modern day equivalent of “pen pals” through email and telephone. I learned over time that David wore a number of hats. He was a minister, theologian, photographer, author, and student of the human condition. David was a man of deep and abiding faith which, in spite of personal obstacles (and maybe because of them) inspired him to bring comfort to others in their hours of greatest need. He also took it upon himself to record and share the images of God’s creations with photographs that he took, each and all of which had something to recommend them, something that an ordinary observer might have missed. The stories which David wrote may not have made it to prime time, but they were surely worthy of it. The most recent one he shared with me — rejected inexplicably a couple of times — haunts me still. Most importantly, however, David was a husband, father, and friend. David’s wife Betsy was (and is, for all eternity) his rock, particularly during these past few months, weeks, and days. David’s good cheer and generosity of spirit — traits which he exhibited right up to the end of his life — belied a number of health problems, discomforting at best and excruciatingly painful at worse. They, to paraphrase Hemingway, took him from us gradually and then suddenly. His major concerns in his final days, as always, were not for himself but for his family and his Creator. The weather has turned cool since last we met. Each area of the United States has its identifiable seasons, from the Deep South (where New Orleans has two, those being “summer” and “February”) to the West (where, as Mark Twain is reputed to have said, “The coldest winter I’ve ever spent was a summer in San Francisco”). Ohio has a more severe line of demarcation. The heat of summer at this time of year sinks into the chill of fall. Leaves drop. One can’t um, leave them go without raking or mulching for too long, as snow will almost inevitably fall by November. One sets the thermostat from “cool” to “warm” and calls for the furnace check-up, even as it seems as if but a few weeks ago it was the air conditioning system that was being checked out. The circle, it seems, moves faster and faster. I’ve of late been feeling the rapidity of the turning of my own seasons. I came across a passage in a new book entitled THE DARKNESS by Ragnar Jonasson. The protagonist is a police inspector who is being involuntarily retired as she approaches the age of sixty-five, muses that she feels little different than she did in her forties, other than for perhaps some minor fatigue. Just so. I’m waking up at 3 AM much too frequently but I’m doing it in my bed in my house and know where I am. There are no real complaints there. Still, I am increasingly aware that the miles in the rear view mirror are substantially greater than those between me and the final destination, and I increasingly doubt whether I’m going to get there before the warranty expires. Most of my close friends are a few years older than I — in their early to mid-seventies — and seem to be hitting a wall. One of them, who I have known for well over fifty years, advised me yesterday that he was not up to making the two-hour drive to visit me this weekend due to vision problems. He reminded me that when we lived on the west coast he would call me and say, “Tahoe!” and off we would go, making the six-hour round trip to Nevada and back on the same day as if we had not a care in the world. We didn’t. Not then. It was high noon. We are well past that. The sun hasn’t kissed the horizon, but the lengthening shadows hint that, from our landlubber perspective, it is well-nigh approaching the yardarm. Sunset occurred for another friend last week. His body mercifully slipped loose of its moorings last week and followed his essence, which had been stolen by Alzheimer’s Disease, piece by piece, over the past two years. It’s not the way I want to go — I would prefer to pass either while writing at my desk or at the hands of an irate husband — but we don’t always get a choice. Shakespeare’s untimely frost follows no calendar. What more to do? I have four wonderful children, each accomplished in their individual ways, and a terrific granddaughter. There might be time for one more dog. I think I’ve made more people smile than otherwise which is something that not everyone can truthfully claim. It’s been a good ride and there are many more miles and adventures to come. I hope. The lesson I’ve learned, and which I am making so bold as to impart to you —particularly those of you here who are younger — is don’t waste a day, or even an hour. Decide what you want to do and work toward it, whether it is writing the Great American Novel — someone will do it, so why not you? — adopting a stretch of highway, or visiting every Sonic, Tim Horton’s, and Cracker Barrel in the country. Regardless of what you want to do, there are only a finite number of times that you get to switch from cool to heat and back again. Cherish each one, and enjoy them. A few weeks ago my granddaughter was at my house and started doing what I call “the ask dance.” This consists of 1) silently wandering into and out of whatever room I’m in, 2) twirling around, and 3) coming up to the table and drumming on it until I say, “What’s your ask?” She told me — Donatos Pizza — to which I readily acquiesced. I decided, given that she is a pre-teen, that it was time for “the talk.” The topic was “don’t be afraid of the ‘no.’” I explained that in most cases she would hear (and has heard) “yes” when she’s asked for something of me. After all, grandparents and grandchildren have a special relationship given that they have a common enemy. I went on to tell her that if she encountered a “no” from me it would most likely be a result of the impossibility of performance and that we would find a way to get to “yes” or a reasonable facsimile thereof. The only time a problem would occur is if she was so afraid of “no” that she didn’t ask at all. At that point, what she fears — “no” — becomes the de facto answer. We all hate “no.” We hear it constantly when we are little and helpless as we reach toward candles that are lit and the tails of sleeping dogs, when we are old and confused and reach for car keys and checkbooks, and occasionally at all points in between. It stands between us and what we want (other than when it’s used in the context of emptying the dishwasher or mowing the lawn). “Yes” is the key that opens doors, moves mountains, and makes dreams come true. “No” disappoints, derails, and detours. “Yes” is always possible. “No” is occasionally unavoidable. I slammed to the ground. A boltof pain cracked through my body then slid away. A dull throb took its place.The bust-up was the right arm. Between elbow and wrist. I looked at my arm and flexed it. A jagged edge of bone stretched the skin up. A dagger of horror seized my brain. My core instinct said not to move. But I had to get home. I staggered to sloppy feet, heldthe damaged wing close to my body and stumbled down the sidewalk. As long as I didn’t move the arm, pain was secondary to fear, the ‘my mother will been raged’ type fear. What were you doing swinging from limbs of that pine tree in the first place? I could hear the shrill voice echo those words. But how mad could she get? I mean today was my tenth birthday and how mad could a mother be at her only daughter’s tenth birthday party? And why was I thinking about that now, twenty-five years later as I sat in a chair, high, wing back, cloth I thought. I couldn’t move. I could turn my head, but nothing below the shoulders worked. Maybe that was the connection. I couldn’t move the broken arm then and I couldn’t move anything now. The room was gold and red with a hint of incense in the cold air. It was something out of an Agatha Christi novel. I swallowed, took a deep breath, scanned the room with my eyes. Floor to ceiling heavy draperies. A gold statue of a ten-inch Buddha in the corner. Thick tapestries hung on walls depicting combat with horses, spears and doomed men. I wasn’t stressed. My practice of daily meditation born of my Buddhist belief kicked in. I remained calm, focused. A solid door, painted deep gold with carvings of dragons creaked open and he walked in. He was maybe five feet five inches, stocky build poured into a three-piece suit, vest and all the trimmings. He carried a single manila folder, walked in front of me and sat in the edge of a leather topped captains’ desk. His eyes were set close to a narrow nose; the only hair on his head was a tight goatee, closely groomed. He dropped the folder on the desk, crossed his arms and a small puff of air expelled through soft nostrils. He was Vietnamese. Some of that blood ran through me. I knew his essence. “There has been a mistake,” he said in a voice that sounded like he was telling me a bed-time story. Thank you for submitting, Anon. Please permit me to be blunt. The bad outweighs the good here. I had a lot of trouble with the first couple of paragraphs of Skeleton because they are confusing, poorly written, and full of typographical errors. It gets better further down the page. Most editors, assistants, and agents (not to mention readers) wouldn’t have gotten that far, however. They would have read the first paragraph or two and told you that they weren’t interested if they told you anything at all. First: please proofread. You have words running into each other, you misspell “Agatha Christie” as “Agatha Christi” — oh, the humanity! — and use a hyphen (“bed-time”) where you shouldn’t. Also please format. Lynne, the wonderful person who, among many other tasks, sorts these First Page Critiques out and sends them to us at The Kill Zone, mentioned to me that when she originally received Skeleton it had not been formatted. Putting it into Google Drive improved it but if your prospective agent or editor wants your manuscript in Word they’re going to be unhappy if you don’t format according to their specifications. Get you indentations, headers, footers and spacing all together and consistent. Yes, sometimes one or more of these things jump for some reason. Send it to yourself first and make sure it looks like you want it to. If it doesn’t, find out what is wrong and fix it. I broke my arm on my tenth birthday. I was swinging from a tree limb and let go either too soon or too late. I’m still not sure which, a quarter-century after the fact. I had been looking forward to my party in one moment and in the next I was falling and then screaming as I fell. I hit the ground hard and a bolt of pain cracked through my body. It was quickly replaced by a dull throb in my right arm, between the elbow and wrist, where a jagged piece of bone now stretched the skin upward where it never should have been. I was horrified. I just wanted to lay there but I had to get home. My pain was secondary to fear. I was afraid of my mother’s reaction, even though it was her only daughter’s birthday, or maybe because of it. I could hear her shrill voice in my head before I even got home. “WHAT were you DOING swinging from the pine tree in the FIRST place?!” I was good at predicting how people, whether families and strangers, would react, even back then. I couldn’t move my broken arm back then. Flash forward to the adult me, sitting in a high, winged back chair. I couldn’t move at all. Oh, I could turn my head, but nothing below my shoulders worked. The range of vision which I had wasn’t much. Maybe that’s why I was thinking about that immobile broken arm now. I didn’t appreciate how good I had it as a kid. The range of vision which I had wasn’t much, but I could see enough to know that I was in trouble. There was a solid door, painted deep gold with carvings of dragons, in the wall in front of me. It creaked open and a stranger — maybe five feet five inches, with a stocky build poured into a three-piece suit, vest and all the trimmings — walked in. He looked Vietnamese, a little like me. I nicknamed him “Diem” in my head. He walked over to the captain’s desk just inside my right field of vision and sat down, dropping the manila folder he carried on a desk blotter. “I’m sorry, Miss Tree,” Diem said. Oh, so he knows me, I thought. “There has been a mistake.” He crossed his arms and a small puff of air expelled through the soft-looking nostrils in his narrow nose, framed by his close-set eyes. ”This is embarrassing at the least and inexcusable at best. It is not how I operate. Pressure applied from the client should not influence how results are obtained. However, to be human is to err human. And that misfortune is what has brought us together.” The ceiling lights reflected off of Diem’s bald head, an expanse that was uniform and undisturbed until it reached his tight, closely groomed goatee. I thought of a crude joke about beards that my ex-husband used to make, a joke that I hated when we were married. Now, sitting in that room with a stranger in front of me and all but unable to move, I had to force myself to stop laughing. I hope that helps, Anon. Your concept reminds me just a little of the Sax Rohmer books which I absolutely adored in my youth (and which I still do, actually). There’s promise here. You have a story, but you don’t have a book or even a first page just yet. Check out the books which my fellow TKZers have for sale about the craft of writing, get one with the basics, study it closely, and go for it. Good luck. I will now attempt to remain uncharacteristically quiet while our wonderful readers, visitors, and contributors make their own comments. Thank you for submitting to us, Anon, and keep trying. If you are looking for ideas for your story or your novel, or characters to populate them, you need to join Nextdoor. Nextdoor is an online social network (isn’t everything, in some way?) which is organized around neighborhoods which are close to you. You just go to nextdoor.com, sign up, and you find yourself with access to all sorts of things, such as reports of suspicious activity, questions about what is permitted locally (and what isn’t), recommendations for everything from home power washing specialists and auto mechanics to tree trimmers and appliance repairmen, and lost and found (I’ll talk a little more about that last one in a minute). Once you’re a member of Nextdoor you get emails when someone posts about a topic such as an injured deer in their yard or a street closure, and you can answer back or post on a topic thread. You can also just read the threads that are posted, watching the occasional disagreement get contentious and then settle down a bit. It’s a bit like Facebook (Nextdoor’s less civil cousin) with its “like” button, except that Nextdoor has a “thank” button instead and for the most part forbids political discussions. After a bit of reading, you can dope out the personalities of your neighbors, whether close by or several streets away, and quickly determine what gets whose undies in a bunch fairly quickly. It is entertaining at the least and occasionally functions as a real-time and constantly evolving cozy mystery setting or, yes, a domestic thriller. You really should check out the page for your area if you haven’t already. About that lost and found topic that I mentioned earlier…folks in my area use that primarily for locating or reuniting lost dogs or cats who slip the tether and make a jailbreak for what they consider to be the greener pastures of next door or the next street. Such happened in my own immediate neighborhood last week. My backdoor neighbors have two small children and a dachshund. The dog, named Heika, is blind, but gets around quite well, doing that happy, bouncy doidy-doidy-doidy walking rhythm that dachshunds do. Heika occasionally wanders over to my back door, having learned that the sucker who lives there is always ready with a dog treat. The family’s grandmother is often there watching the two children, who are as polite and well-behaved as any two kids I’ve encountered recently, and I occasionally sit and watch them interact, wondering how the grandmother somehow manages to keep them all corralled. So. Last Thursday night I was at a local coffeehouse waiting for my AA meeting to start and happened to see that I had gotten a Nextdoor email with the heading “Found weiner type dog.” I opened it and found a photo of Heika doing a Nextdoor star turn courtesy of my next door neighbor, who had found her wandering on our street. Heika had done a Papillon from her loving family one street over in the mistaken belief that the world beyond her marked territory was as nice and friendly as the world within. Dachshunds are the second cousins to beagles but they share that “clever but not smart” inclination to wander that gets them in trouble. I got on the phone, contacted my next door neighbor, contacted Heika’s mommy, and doggy and family were reunited within three minutes of Heika’s photo being posted. My meeting started and all was well with the world, or at least a little corner of it. The ability to do that justifies Nextdoor’s existence all by itself, to my mind. Do yourself a favor and check Nextdoor out. Even if you don’t contribute you can get a really good idea of what your community is like, not to mention populating your works of fiction with myriad characters or a reasonable facsimile thereof. Maybe you’re already familiar with it. If so, do you have a story to share? There are times that ebooks don’t satisfy the craving for a weighty, paperbound novel that you can throw at a spider without risking seventy dollars worth of plastic and electronics. The same is true of email. While email (and texting, its illiterate cousin) is quick and convenient, there is something about receiving physical mail that remains appealing, if you are throwing ninety percent of it into the paper recycle bin. The feature which I recently discovered allows you a daily, somewhat imperfect peek into the future of what you will be getting. I am referring to “informed delivery.” It is free (ah! Now I have your attention!). It is also easy to sign up for it. Go here, see if your zip code and address are with the program (more are added on a daily basis), and set up an account. Within a day or two, you will start receiving a daily email from the USPS which will include embedded images of the envelopes which you will (well, which you should) receive in the mail that day as well as notification of any packages which will be (um, are supposed to be) delivered. It isn’t perfect. You will only see letter-sized envelopes that are processed through automated equipment. Sometimes something slips through that isn’t pictured and other times something that is pictured doesn’t show up for a day or two. For the most part, however, it works as advertised. It is particularly convenient for those of us whose mail delivery occurs so late that we need a flashlight to navigate our way to the box. Sometimes it just isn’t worth it and informed delivery will let you give you at least a hint of a thumbs up or thumbs down. For those of you who have never heard of this and decide to try it out, enjoy. If you have been using informed delivery, do you like it? And for everyone: have you encountered a technological life hack recently that hasn’t received a lot of notice but that has been helpful to you? If so, please share if you are so inclined. And thank you for stopping by and letting me be a part of your day and for being a part of mine. Hello, TKZers! Please join me in giving a hounddog-howdy to Anon, who has bravely submitted the first page of The Divinity Complex for our consideration. Anon, take it away! We have no choice when it comes to life and death. But sometimes others make the choice for us. Chris Martinez pulled into Jimmie’s Travel Center early Sunday morning. He parked his blue Chevy Impala in the spot closest to the front door and walked into the convenience store. The entire journey from car to register should have taken no more than a couple of seconds. But it took Chris a bit longer because every few steps, he stopped and looked back at the car. It was apparent something was wrong…very wrong. Randy, the thirty-year-old attendant on duty, watched from behind the cash register. He thought the customer’s behavior seemed odd, but then he reminded himself of where he was. Jimmie’s was right off interstate I-95 in South Georgia. It was somewhere between late Saturday night and early Sunday morning. Under those set of circumstances, it would have been odd not to see something out of the ordinary. It wasn’t a matter of if, just when. When Chris arrived at the cash register, he looked Randy straight in the eyes. He cleared his throat as if he wanted to say something. But he couldn’t tell what was on his mind. Chris had to be careful of the words he chose. That was because the phone tucked in his shirt pocket was recording the conversation. Chris knew if he said the wrong thing something terrible would happen. He had no choice but to play by the script. If he wanted to stay alive, Chris would have to rely on his ability to send a single telepathic message. Being a carpenter by trade and not a psychic, made the chance of success infinitesimal. But Chris had to at least try. It was his only hope. Chris locked onto Randy’s eyes and concentrated. He screamed as loud as he could into his own head hoping it would get Randy’s attention. Sweating and trembling, Chris handed over a twenty and two fives. All he could muster was a half-hearted but utterly fake smile. It was apparent something wasn’t right. “30 dollars…on…uh…Pump…10,” Chris said. That’s all he could say. Anything else and there was a good chance someone would die. Chris looked at Randy again. “30 on 10, you got it, buddy,” Randy responded. Anon, I absolute worship road trip stories, particularly those that wander off the freeway and into parts that are at least initially unknown. You accordingly had me from the jump. There is a glaring problem that jumps out at me, however, and it leads to others. It’s fairly easy to fix, so let’s roll up our shirtsleeves and see if we can Chris back on the road. The doormat sensor went “dingdongdingdong” as Chris walked into the store. The cashier stood at the far end of it behind the counter, holding an open copy of Cavalier, eying Chris with a look of uneasy surliness. Chris thought that the guy looked to be about his own age, thirty or so. As Chris approached the counter he could read the name tag — “Randy” — pinned to his blue smock. Randy looked to Chris as if he wanted to be anywhere but where he was, which was just how Chris felt. Chris wanted — needed — telepathic powers in the worst way. The problem was that he was a carpenter, not a psychic. He locked onto Randy’s eyes, hoping he could in some way communicate that he was in trouble without using words. — I do like what you did here, telling us a bit about Chris — he’s a carpenter, which is interesting — so good on you. Keep doing that. Drop a few more breadcrumbs like that throughout the first couple of pages so that we get to know Chris and begin to empathize with him. Chris was sure that Randy could tell that something wasn’t right with him. That didn’t mean that Randy would do anything about it. Jimmie’s was right off I-95 in South Georgia. Chris figured that it would probably be odd for Randy, to not see something out of the ordinary at this godforsaken hour and at the back end of Bumfreak, Egypt. There was no help here, for sure. Notice that I changed “somewhere between late night and early Sunday morning” to “this godforsaken hour.” The reason that I did that was that you already established in the first paragraph that things are taking place early Sunday morning. If you want to give the impression that it’s really early then give the time or mention that it’s “full dark” or even “no see” (as they say in the cotton fields). — When/if you want to change the point of view to Randy you might want to remove Chris from the scene altogether. Have Chris leave the convenience store. Skip a couple of lines, begin a new paragraph or chapter, and switch the third person narrative from Chris to Randy. You can do anything from having Randy decide, yeah, that guy was weird even for the night shift, and calling the police, to pulling out a burner phone and calling an unknown person and saying, “Yeah, your pigeon was just in here, right on schedule. He looked REALLY shook up.” You can have all sorts of fun with this. Just make sure that it’s plausible. I hope this helps, Anon. My rewriting is merely illustrative. There are several different ways to follow my suggestions and you should follow your heart. Seriously, I LOVE stories that involve gas stations off of the highway. I want to love this one. I kind of already do, warts and all. I’m just not ready to buy it coffee yet, gaze into its eyes, and have it throw me over its shoulder and carry me off. I will now make a valiant and probably futile attempt to stay uncharacteristically quiet while some of the finest folks in the world — our readers at TKZ — comment and offer additional suggestions. Thank you, Anon, for participating in our First Page Critique by sending us the first page of The Divinity Complex! I write this while taking a break from an interesting if long-delayed project. I have a bed in the basement which has been buried by boxes which have accumulated over the past twenty-four years. The bed is suddenly needed the boxes need to be moved, the contents examined, and determinations made with respect to keeping or disposing of the contents. I have been working on this at the rate of one box per hour, with fifteen minutes allocated for each box. The fifteen minutes is broken down as follows: 1) kick box to dislodge spiders hiding within — ten minutes; 2) carry box upstairs — thirty seconds; 3) go through contents of box — four minutes thirty seconds. I’ve made great progress but it’s been somewhat depressing in a way. The answer is that if you have a story, write it. A good story stands on its own. People empathize with it. One can also take the basics of it and work it, maybe twist it around a bit, and make it different. It may also surprise you that I have an example. Let’s start with a bit of backstory. I misspent my formative high school and college years in Akron, Ohio. One of the few good parts of that experience was making friends in high school with a guy named Michael Trecaso. Michael combined restaurant experience with an innate ability to squeeze a nickel until the buffalo screams to succeed in a very tough business. He bought an ice cream parlor named Mary Coyle — it was where he worked when we were in high school — and turned it from a popular neighborhood place in the Highland Square neighborhood into a destination restaurant. Another good part of growing up in Akron for me was making friends with a guy we will call P. I have been friends with him for almost as long as I have been friends with Michael. P. is an antique dealer in Akron, which means that he gets to meet a lot of people and hear a lot of stories. Keep in mind that people who live in Akron tend to stay in Akron. Each resident is at best two or three degrees of separation from another. So it is that on one recent afternoon P. was speaking with a husband and wife in their eighties about who they knew, and what had changed in the city. The husband mentioned Mary Coyle. P. mentioned that a friend of his (that would be me) knew the owner. The wife said, “Oh, Michael Trecaso is the nicest man.” She then told P. a story. The lady’s father — who we will call F. and who is now deceased — had some fifteen years previously been living in an elder care residence in downtown Akron. One day he caught a bus which took him to a doctor’s appointment near Highland Square. When he finished with the poking, prodding, and sticking he went outside to discover that the perfect summer day that had been present on his trip there had been chased off by storm clouds. It began raining in torrents as he crossed the street to the bus stop, which was located in front of Mary Coyle. F. had been standing in the downpour for two minutes when he heard someone calling to him. He turned around and the owner of the restaurant — Michael Trecaso as described above — was beckoning to him, calling, “Come stand in the doorway! You’ll get soaked!” F did so. Michael said, “What are you doing out there?” F. said, “Waiting for the bus.” Mike asked F. where he was going. F told him. Michael looked at F. for a second, came to some internal decision, and walked over to the counter. He wrote “Back in thirty minutes” on a sheet of notebook paper and taped it to the front door. Michael then told F “Come on” and gave F. a ride to his residence. F. never forgot that. Neither did his daughter, who tells everyone she meets about it. Michael has told me a lot of stories, but he never told me that one. I don’t think he’s told anyone that story, actually. It would ruin his reputation. I am accordingly telling it now. You can do a lot with that tale. If you’re Linwood Barclay, your protagonist in a small city could do the good deed and go back to work, only to have the police show up three days later inquiring as to the whereabouts of the elderly man who was last seen getting into his car. If you’re Paula Hawkins, your protagonist sees her long-absent daughter/sister/husband while she is giving an elderly woman with dementia a ride. And so on. That’s just one story. The woods are full of them. Don’t let my tale of a basement full of books discourage you. I also must note that doing a good deed is its own reward. Should you be in Akron, however, please stop by Mary Coyle at 780 West Market Street to say hello to Michael and give his establishment your patronage. Should you do so, tell him to report to your office or ask him what school he is going to next week. He’ll know who sent you. Now…if you are so inclined, I would love to hear about a spontaneous good deed that you or someone you know performed and that has heretofore gone unremarked. We’ll remark upon it. Thank you.

2019-04-21T14:57:55Z

https://killzoneblog.com/author/joehartlaub/page/2

During the noon lunch hour, the children were delighted to find out that Mrs. Cooper liked to play ball. When it was her turn at bat, Jacob stood at the pitchers "mound" with disbelief written all over his face. "Well, are you going to pitch the ball to me or what?" asked Emma. "Mrs. Stevens never wanted to play with us!" came Billy's voice from first base. "Well, this is Mrs. Cooper and she said that she would play with us when I first met her." Sarah cried from the outfield. With that, Jacob pitched the ball right over home plate. The resounding "Crack" from ball hitting stick stunned all around, even Emma. It took only a second before she realized what she had done. She hiked her skirts up to her knees, and in very unlady-like fashion, sprinted around the bases. All 17 children were waiting for her as she reached home base, arms in the air, cheering her on. "You hit a homer Mrs. Cooper!!" "I have never seen a lady hit the ball so far!" "Can you be on my team next time?" Laughing and very much out of breath, Emma proudly accepted their praise. When she was able to breathe normally again, Emma declared it was time to head back inside for their afternoon lessons. Not a groan or moan rose from the boys and girls as they walked into the school. Here was a teacher they could like. Emma Cooper smiled, looking out the back door at her husband's laboring. They'd been harvesting from their big garden, earlier, and Emma, on a girlish whim, picked up a head of cabbage and heaved it at Jackson. It missed his head, but not by much. Emma pulled back behind the maple tree with a shriek and a laugh and the chase was on! Jackson scooped up his own head of cabbage, and thus armed, charged around the maple as Emma scampered around the corner of the house, laughing. Jackson's heels dug into the dirt as he reversed, hard, and charged the other way around the house. Emma, divining his strategy, sprinted for the garden, stifling her giggles, and pulled back hard against the maple, using it for cover, while Jackson's heavy footfalls told of his circumnavigation of their farmhouse. Emma put the back of her hand against her mouth, scarcely able to contain herself. "I know where you aa-rre," Jackson Cooper singsonged like a mischevious schoolboy. Emma swept a stray wisp of hair from her face and realized the breeze had probably blown her skirt out, betraying her position. Jackson Cooper spun the ax in a tight arc, cleaving the sawn elm; he'd been splitting firewood most of the evening, good clean swings, and had turned out an impressive pile of split-up deadwood. He packed some of it into the carriage; he would pile it outside, under sheets of bark to keep it dry, and it would serve as fine kindling for the schoolhouse stove. He would cut more wood, of course, but this was a good start. He'd finished the smokehouse and had arranged to trade a few loads of wood and labor enough for slaughter, in exchange for a hog. They would have bacon this winter, and side meat, and back strap; little would go to waste, and what they didn't smoke up and keep for winter he would sell back. He and Jacob had already made plans to ride into the hills and bring back winter meat. The Silver Jewel would need meat as well, and with Bigfoot Wallace gone, he reckoned they would prove a market. He paused, and looked with admiration and respect toward the house, and through the back screen door could just see Emma, busy canning. He shook his head. Canning was something he'd never been good at; he'd helped, of course, but preferred to leave such matters to those who were better at it than himself. He considered how hot it was in the kitchen, how hard Emma was working, and how good the fall evening felt, and set another chunk of elm on the stump. Emma wiped her hands on her apron and paused for a moment. She'd been making good progress; while boiling jars and packing vegetables, she'd also been fixing supper at the same time, efficiently balancing several steps in canning with the relatively few steps needed for the evening meal. Taking a towel in hand, she opened the oven door and took a peek at the bread within. She looked with admiration and respect at her husband, spinning the ax in its arc like he was swinging a match stick. It was obvious he was working hard; sweat shone on his well-muscled arms, his shirt was obviously damp -- actually wet across the shoulders, and in the small of his back -- and in the chill, early-evening air, if she looked close, she could see steam coming off him from his labors. Jackson Cooper swung the ax again, cleanly cleaving the sawn elm. "This is without a doubt the easiest exhumation I've ever done," Levi Rosenthal remarked as he viewed the embalmed body of Liam McKenna. "Yes, my brother Caleb said you'd buried this fellow already." I smiled. "My apologies for the duplicity. I'd put out that misinformation intentionally, so no one would be inclined to come in and disturb the carcass." "I see," the Pinkerton agent said, nodding. "And this is the suit he was wearing when he died?" "Was there anything interesting in his pockets?" I handed Mr. Rosenthal an unbleached muslin kerchief, tied into a pouch. "Everything is in here." He opened it, examined the contents, opened the wallet. "Money appears intact." "Does that surprise you?" I asked dryly. Detective Rosenthal smiled. "Please don't take offense, Sheriff. I'm used to the city, and city ways. Back in Frisco, or Chicago either one, these would all have disappeared before the body was cool." "Remind me not to live in the city," I muttered. "Hi Mr. Bill ... Mr Mac!" Sarah and Bonnie were at the Merchantile to purchase a few things to complete a dinner that night with Caleb and Levi attending. Bonnie instructed Sarah to stay out side with Twain Dawg. "See what I have? Isn't he cute?" Standing in front of the two elderly checker playing gents. Mac looked out the corner of his eye ... Bill conscentrating on his next move. Sarah plunked Twain onto the checker board, "Opps!" she said slyly, "But I think those pieces were in the same places yesterday ..... Look Mr. Bill! Twain might be liking you!" Mac began a low soft chuckle, and with gnarled fingers he reached to pet Twain, Bill seeing this, shuffled the pup onto his lap. The bread was baking nicely, the canning was finished for the evening, and the rest of dinner was just about finished. Emma straightened up and with her hands on her lower back, arched backward, stretching out the pain in the muscles that she didn't know she had until very recently. She looked out the window to where Jackson was still busy chopping wood. Removing her apron, she made her way up to their room to find a clean, fresh shirt to take out to Jackson. Returning to the kitchen, shirt draped over her arm, she poured a mug of cool apple cider and then started outside. The methodic sounds of ax hitting wood grew steadily louder as she made her way to the center of activity. Upon seeing her approach, Jackson smiled, laid the ax aside, and with his arm, wiped the sweat from his face. Taking the proferred mug, he quickly downed the cider, eyeing her over the rim. Seeing the shirt draped over her arm, he inquired, "What brings you all the way out here Emma?" "I thought I would bring you a dry, clean shirt so you don't catch your death. It is getting chilly out here and I don't want you catching cold." She stepped closer layed her hand agains his chest and kissed him. "Oh yes, and dinner is almost ready." Emma hung the shirt on the branch of a nearby tree and made her way back to the house. Jackson watched her retreating back and the gentle sway of her hips. He smiled to himself. After so many years of having to look after himself, after all the years of being by himself, he finally knew what it was like to have someone take care of him, and maybe love him. It had taken a bit to repair the damage done by Liam's arson job, both in ripping out the fire-damaged structure and in replacing the damaged stock. Insurance was unknown on the frontier; what a man lost, was simply lost: still, he turned it to his advantage, as best he could, and expanded the building as he'd been planning, just a bit sooner than he figured to. The original storage had been built quickly, with less than skilled labor, and of green lumber: spiked in place, it warped as it seasoned out, and it was never weather tight, forcing him to drive oakum into the interstices between the boards: he never liked the look of it, nor the knowledge that he had to employ the same tactic as a blue-water sailor to keep water from crowding in between the boards comprising the hull of a ship. This time his framing was stronger, and of seasoned timber; drilled and pegged, mostly by the brothers Daine, it had been measured, laid out, sawed and fittted, but not assembled until the moon was right. WJ didn't quite understand this moon business, but the brothers Daine insisted that the right phase of the moon would guarantee the structure would be stronger, tighter and would stand wind, weather and warp much better than one built at some random time. He walked through the finished storeroom, smelling of fresh-cut lumber and the fall air drifting in through the open doors, and nodded. Whether or not this phase-of-the-moon idea held water or not, nobody could fault the Kentucky workmanship that went into their construction. He stood with hands in pockets, mentally assessing the inventory he intended to carry against the cold season to come. With things starting to settle down around here, maybe I can get a feel for the normal pace. "Hello Sarah, has Dawg shrunk?" "No, Mr. Baxter, this is Twain Dawg." "And what a fine dog he is! I see he likes checkers." Emma was just coming up the stairs and heard Jackson Cooper mutter something. "Dear?" she asked, laying a gentle hand on his back. He shook his head. "It ain't right. I ain't a-gonna do it!" "Ain't a-gonna do what?" she asked, puzzled. Jackson turned. "See that bed?" Emma looked at the neatly-made bed, then back to her husband. Jackson kissed her once, gently, and said "Wait for me." Emma's eyes followed his retreating back as he peeled out of his shirt on the way down stairs. Worried now, she gathered her skirts and followed. Jackson Cooper was not a small man by any means. In an age where the average height was not quite six feet, he stood a hand taller than this median; a lifetime of honest labor left its mark in the form of an excellent musculature and a dearth of excess fat. He moved with a lithe grace, the legacy of a born horseman, and at the moment he stood buck naked in the back yard, with his back to the house. Emma watched in amazement and delight as Jackson Cooper bathed at the rain barrel with all the delicacy of a bull hippo. He labored with the single minded efficiency of a man who was accustomed to accomplishing a task in the least wasteful manner possible. Emma had never in her life beheld any but an infant in such a state of undress, and as Jackson Cooper hoisted a bucket well overhead and poured its contents over himself, she could not but admire what she saw. When he was satisfied with his efforts, he plied the towel briskly over his body and wiped his bare feet on the cocoa-nut matting before stepping into the house. Emma discreetly retreated before his towering form. Jackson Cooper padded upstairs to their bedroom and turned down the covers. "Now," he said, hanging the towel over the straight-back chair. "Now it's right." Clean now, and satisfied with his state, he climbed into bed. Emma smiled and blew out the light. Jackson's arm was around Emma, drawing her close. His chin rested on top of her head, his other arm around her as well. "For what?" She wiggled a little, cuddling against his warmth. "You do so much for me," he whispered in the bedroom dark. "So very much!" His heartbeat was loud in her ear, its powerful rhythm a solid reassurance of strength, of certainty. She did not want the moment to end. "I remember this quilt," Jackson murmured. Emma remembered it, too. She'd helped May stitch it together. "May and I hung out every bit of linen in the house, back when winter's back broke," Jackson said quietly, his voice soft with remembrance. "I remember how she looked at this quilt, like it was something special, and she told me it was made for a special someone." His big forearm, across her back, squeezed gently. "I think she meant you." "When I saw it on the bed here, and smelled it again, I couldn't just get into bed. I wanted to be clean. Didn't seem right not to." Emma smiled in the darkness. I asked Shorty for the horse I rode the other day when all the excitement was going on. He brought me one from out back. I said, "I think that's the one. Let's saddle him up. Mr. Moulton and I are going for a ride today." "Good morning, Mr. Moulton. Are you ready to go out and check the claim?" "I'll be ready in a few minutes, Mr. Baxter." "I figured we'd make better time on horseback. We should be back this afternoon easy." I heard running feet on the boardwalk and was out of my chair just as the door burst open. "Sir!" Jacob panted. "There's a fight over at the saloon!" I caught up the shotgun from the rack and stuffed a half dozen extra shells in various pockets as I strode across the street. Tom Landers would be in the thick of it and if things got ugly I wanted to be sure I could settle things in an unmistakable manner. Sure enough, soon as I stepped in the door, Tom ducked a punch, landed two of his own and a fellow in a rough jacket and low cap pulled a knife and made to move in behind him. The range was short and I was moving in close and the left-hand barrel of the 12 gauge caught the fellow just at the third button. Everyone, and everything, froze, all but the huge cloud of smoke rolling ahead of me. I broke open the double gun and plucked the empty out of the chamber, let it drop. Replacing it with a fresh round, I closed the action, nice and easy, and brought the left hand hammer back to full stand. "You fellows aren't from around here," I said mildly. "We just had a hangin' two days ago, nice and legal, and the rope I used ain't even stretched out good yet. You want trouble, I can give it to you, just as much as you want." Tom Landers rolled the fellow over, studied his face. "No, Sheriff, I surely don't. You?" I cocked my head and studied the youthful visage. "Don't ring a bell." I looked over the half-dozen cowed souls who were shifting nervously from one foot to the other. "Who did this fellow used to be?" I inquired. "He used to be Nye Scottley," came the answer. "Was he prone to such lapses of judgement in the past?" "He knifed a fellow in a bar fight back in Denver," the same fellow volunteered, "but he run off before they could catch him." "Any of you fellows know his kin?" Looks were exchanged, heads shaken; nobody did. "Fellows, if Tom Landers here wants to press charges, I'll be more than happy to fill up our jail house and give you a taste of our hospitality. My name's Linn Keller. I'm sheriff here and we don't stand for this foolishness." "Landers!" went from lip to lip, and they shrank a bit from Tom, who stood and nodded. "And Keller! If the damned fool had known!" "He would still be dead. I'll need you, and you" -- I pointed to the nearest two -- "to pick him up and come with me, you're going to carry him over to the undertaker's." "Where you fellows from, anyway?" Tom asked them. "We're miners," came the answer. "They're going to start an opening west of town a little ways." Tom shot me a knowing look. "Reckon we can expect more of this," Tom sighed. It didn't take long for word to get back to the mine, nor for the miners to come back. Esther and Tom Landers had been upstairs, working on the books and making plans for the railroad. Esther had moved operations to Firelands, which meant adding onto the existing building; we added quarters for the dispatcher, relief engineers, the conductors' quarters. Esther was an efficient administrator who knew how to delegate, and how to inspire loyalty in her people. She led, but she also let her people lead, according to their expertise, and it was working out well. The mine had sent engineers to work with her on the new rail line that would have to go in. The original rail line had been built for passenger and light freight service; to save money, the old iron rails had been laid -- but they would never stand up to the strain of an ore train. Steel rails had been used back East for some time, and the mine engineers recommended steel rails and a crushed stone ballast for the roadbed. They were more than happy to supply the stone from the mine itself, calculating that they would not need to freight ore until after the new rail line was complete. In the meantime, the existing rail line would be hauling in their equipment; a spur was even now under construction near the mine for this purpose. I left this work to Esther. I'd given her the railroad. It was hers; I was not about to interfere with what I had publicly said was hers -- it would be not only impolite, it would be as much as saying, "I don't trust you" -- and I was not about to do that! I heard three quick footfalls on the boardwalk outside and was reaching for the gunrack when Jacob opened the door. "Sir?" he said. "You'd best come outside." There were about twenty miners waiting on me, each with a mattock handle. A short, stocky fellow stepped forward. "Why'd you kill my man?" he demanded. "He was a coward," I snarled, "and a back stabber, and was going for Tom Lander's back with a knife." He nodded. "That's what I heard." "My boys don't take it too kindly. They think they oughta bust up the place." I pointed at a miner in the front rank. "You. You're a volunteer. Step up here." He glanced left and right, at his fellows, but stepped forward. I broke open the double gun, stuffed the shells in a vest pocket and handed it to him. "Hold this." I turned to his boss. "Fella, what's your name?" "Mike Hall!" he declared. "I'm the foreman!" I nodded. Reaching out, I plucked the hard-leather miner's cap from his head. Turning it over in my hands, I rubbed its scarred surface. "I remember these. We wore 'em back in the Ohio coal mines." He squinted at me suspiciously. "You know mining?" "You recall the Chauncey roof fall, Number Eight? They got all of 'em out but one. Slab had him by the leg. Doc Balkinal went down in the mine and cut his leg off to get him out alive." "I was cutting bank posts for the mines, just before I became town marshal." He snapped his fingers, pointed at me. "Thought you looked familiar! When they told me who you was, I thought 'Nah, can't be!' -- but here you are!" I turned the miner's cap over in my hands. "You got enough of these?" "I could use about fifty more." "Jacob." I turned and handed the cap to him. "Take this to WJ and see how long it will take him to get fifty of these in." I turned to Hall. "How you set for carbide lights?" His eyes lit up. "Carbide! All we got are the butter lamps." "So I see. Miner's Sunshine." "Yep. Hate the damned things but they're all we've got." "Jacob? Add fifty carbide lights, and enough carbide to run 'em." "Yes, sir!" Jacob was off at a run. "Why you doin' this?" Hall asked suspiciously. "Figger you can kill all of us?" I smiled and addressed the fellow standing beside him. "Toss your cap up in the air." Puzzled, he looked at Hall, then struggled to tuck his club under one arm while holding my broke-open and empty shotgun in the other; getting one hand free, he took off his cap. It spun as it flew, and I stepped back and drew my left-hand Colt, and slip-hammered five shots through it. What was left of the hard-leather cap hit the ground, much the worse for wear. I started punching empties out of the Colt. "Figure you can kill all of us?" "You're might confident for a man who's still loading his gun." I smiled. "You like to try me?" I dropped the last round into the Colt, closed the loading gate, eased the hammer down between two rims. Jacob came pelting up, two caps in hand: Hall's worn and scuffed cap with its battered miner's wick lamp, and a brand-new cap with a brand-new carbide light. I handed Hall back his cap, relieved the nervous-looking miner of my shotgun and handed him the brand-new cap. Jacob handed him a can of carbide. "WJ says he can have fifty of them in three days." He grinned. "With carbide lamps!" I nodded. "You want 'em?" I asked. Hall rubbed his chin. "I can't say as the mine will pay for 'em." "The mine's not buyin', I am." "The hell you say!" He grinned. I thrust a chin toward the saloon. "If your boys still want to bust up the town, let 'em try now and we'll haul the dead back on a flat car. Either that or you can stack your clubs at the hitch rail and I'll buy you all a beer." Hall turned and roared, "You hear that? The war's over!" I was just as happy. Hall hadn't noticed Jacob's coat was unbuttoned. He hadn't noticed Tom Landers, in the doorway of the Jewel, with a Winchester rifle. Nor had he seen Esther standing beside him with my engraved Winchester in hand. Had they been foolish enough to press the matter, not a one would have been left standing. Bonnie stood beside her sewing machine, as regal as any queen, and regarded the two dusty men coldly. "May I help you, gentlemen?" she asked. Twain Dawg advanced, stiff-legged, snarling; his fur was up and he was doing his level best to look absolutely deadly ... well, as deadly as a pup small enough to fit in your coat pocket can be. The two men noticed Twain Dawg and laughed. The first one touched his hat brim. "You be Duzy Wales," he smiled, and his smile was not pleasant. "We are here to take you to the boss." "I'm afraid I don't know what you're talking about," Bonnie said coolly. Caleb, get in here, she thought with quiet desperation. "The hell you don't!" the first one shouted, taking a half-step forward. "You kilt Luke Hawkins, just like you kilt Bert Graves!" "I'm sorry, sir," Bonnie said quietly, "you're mistaken." The door burst open and Caleb thrust in, shoving the second man hard. The first man turned and slashed at him with his revolver. The second man fell headlong at Bonnie's feet. Caleb's hands came up, open, ready to grapple. "You're gonna die, fancy boy," the first man grated. Bonnie slid open her sewing drawer and pulled out the Sheriff's Navy Colt. The second fellow, prone, tried to reach Bonnie's ankle. The Navy Colt spoke, once. Brain-shot, the first man fell bonelessly atop the second. I dunked two rounds in the breech of the shotgun and took off running. The shot had come from close by. The bar was noisy and I'd been the recipient of good-natured jests and handshakes. My head came up like a hunting dog's and I was at a dead run before I'd covered a yard of ground. The House of McKenna had a familiar blue haze in it, and Caleb was hauling a body off another one. Bonnie had my Navy Colt in hand and was pointing it at one of the bodies. "Sheriff," Bonnie said, "these men called me Duzy and said they were going to take me to The Boss because I'd killed Bert Graves and Luke Hawkins!" Twain Dawg was inches from one of the corpses, bristled up and snarling. If he wasn't so earnest in his efforts he would have been funny. Hell, he was funny, and I couldn't help but grin, looking at him. Twain Dawg yapped, once, a sharp note, and he fell back, surprised. I stuck the muzzle of my shotgun in his soft ribs. "If you're alive, fella, you better hold real still. This-here is a shotgun and I already kilt one man tonight. I won't worry much to kill another." The fellow didn't show very much good sense. He rolled over, fast, with a hideout gun in his palm, and the shot went through my hat brim. It was the last move he ever made. I made a mental note to fix Bonnie's floor, after I cleaned up the mess I'd just made. Caleb came to me later that evening, over in the Jewel, when I sit down to eat with Esther. He and Bonnie joined us. I always admired Bonnie, ever since I met her; she was made of stern stuff, as were most Western women, and it showed here tonight: faced with deadly peril, she had killed one of her attackers, and stood ready to kill the other. May God have mercy on the stupid fool that ever tries to harm her, or Sarah either one,I thought, for Bonnie sure as hell won't! Daisy brought us each a plate, and the food was good. Caleb was troubled, and wrestling with something. I waited. He'd talk in his own good time, and he did. "Sheriff," he said, "would you teach me to shoot?" Levi strode into the House of McKenna holding a piece of paper. The smile on his face vanished as looked upon Caleb who knelt beside a seated Bonnie. It was evident that she shed many a tear. Levi approached slowly, then, too, knelt in front of her and grabed both of her hands into his strong, capable ones, "Bonnie?" She didn't look up. Bonnie's eyes were downcast, starring through her folded hands, "Levi? In your line of work, have killed very many people?" Levi heard what transpired earlier, and answered carefully, "In truth, Bonnie, I have used my gun more for target practice. My gun is with me always, of course, and though I have shot two men, I have killed no one!" It was then that Bonnie looked up to Levi, "But ...." Levi continued, "It has been my philosphy that talking to the man ... or woman, urging them to relinquish their weapon voluntarilly. I have had tremendous success in bringing those I sought, in alive. Therefore, they were placed into the hands of the legal system." Tears began to flow, once again, from Bonnie's green eyes. She shook her head slowly, obviously pleagued with the thoughts on her mind. As if speaking to herself, but just loud enough for the two men to hear, "So much to live with ... so much to carry ...." Caleb embraced her, holding her gently, and Bonnie leaned into that embrace with the hopes to maybe transfer all that had happened to her over the last few years onto someone else to carry. The tears that flowed were as if she were attempting to drain the thoughts as well. Both men remained silent, allowing her the time ... "to what", Caleb thought, "what would errase all that has happened?" Levi spoke, after a time, "Perhaps this news I carry will help, Bonnie. It was intended to be a surprise, but in light of what Father has heard, he thought it would be best to forewarn." "What is it?" Bonnie asked. "I have here a telegram from Father saying Mother and David are their way to Firelands. Father couln't come with her, so David is coming along ..." "Miriam? She is coming to Firelands?" Caleb looked over to Levi. Levi placed one hand on Calebs shoulder, while his other hand was still cradleing Bonnie's hands, "Yes, Bonnie ... she so desprately wants to see you and meet Sarah." Bonnie took one of her hands away from Levi's grasp, and brushed the back of her hand against her wet cheeks, "I believe I would relish in the thought of having Miriam here ... David, too. She looked to Twain Dawg, who slept at Bonnie's feet, and scooped him up, "If you two would excuse me ... I think Twain and I will go and retrieve Sarah from school." Caleb and Levi both stood when Bonnie did, "How about if we join you?" Caleb asked. Emmett Daine shook his head. "I'm sorry, Sheriff, but I can't do much with this fellow. Ball took him from back to front and pretty well ruined his face." "Well, do the best you can," I said, suddenly tired. Emmett laid the blank sheets on the side table and looked at the dead outlaw, then at me. I parked the shotgun against the wall and took off my hat, rubbing my face with a bandanna. My forehead was greasy and my cheeks were almost numb and I was tired, bone tired. Boy that all came about quick! One minute I'm serving customers and the next minute all Hell's breaking loose! I couldn't believe how fast Linn got there! The goings ons next door was just as bad. This area isn't as settled as I thought it was getting. With all these miners that just came through, I'd better have Miss Duzy order supplies a little heavier when she gets back. Morning lessons had flown by and lunch was again an adventure in stick ball and racing around the bases, cleaning scrapes, and kissing away hurts. The children had really taken to Emma and were more than happy to do her bidding in the classroom. So, for the afternoon lessons, Emma wanted to treat them. They had just taken their seats and pulled out their readers when inspiration struck. "Ok children, please put away your readers." Looks of confusion crossed their young, smooth faces. "But Mrs. Cooper, you just told us to get them out!" Called Jacob from the back of the room. "I know Jacob, but I have changed my mind! Now if you all would stand up and go outside, I would greatly appreciate it!" Again, silence and confusion filled the classroom, eyebrows raised to the hairlines, and questioning whispers could be heard. But they obeyed. Grabbing up the large, old, patchwork quilt Emma kept stored in the building for emergencies, and a book, she followed them out the door. Finding them all standing on the steps, looking up at her with curiosity written boldly in their eyes, she laughed. "Oh goodness! You are all looking at me as though I have taken leave of my senses! I assure you I have not. Now please make your way to the tree across the school yard. It offers some nice cool shade beneath its limbs." Again, following what to them was an odd request, the children obeyed. When they reached the large shade tree, Emma spread the quilt over the thick mat of weeds and grass. "Now please have a seat. Or if you prefer you may lay back and close your eyes or look up through the leaves to the clouds. I am going to read to you for our reading assignment." Looks of wonder and pleasure now replaced looks of confusion and yes, on some faces worry. Emma leaned back against the rough trunk of the huge tree, and opening her book began to read. Eyes stared back at her. Eyes as big as an owl's on a cloudy night. Eyes full of wonder, shock, disbelief and excitement. Emma had been reading 20 Thousand Leagues Under the Sea by Jules Verne. There had been no interuptions. No talking. Nothing but the sound of a light breeze playing with the yellowing leaves of the tree and insects going about their business in the grass. And the sound of Emma's voice transporting the children to a different time and place. She had just started another chapter, wanting to extend their delight to the last possible moment, when she heard the report of a shotgun. Trying to beat down her panic, she swung her head around to look at the Silver Jewel and then her instincts took over. "Everyone back in the school NOW!!" Without anymore convincing, the children stood, those who were older taking the hands of the younger ones and hurried to the building. Walking past Sarah, Emma grabbed her small hand and pulled her along. Once inside, she shut and bolted the door and sagged against it. Pasting a smile on her face, trying to remain calm so as not to cause her students any more concern, Emma opened her book again and beginning where she left off, started to read again. Silently, she was thinking that that night she would ask Jackson to teach her to shoot, so she could be comfortable using a pistol, in case she would be in need of one to protect the children while under her care. Then maybe he would be able to get her one to keep with her while she was in town. Jacob was tall for his age, rangy, you might say, all whalebone and whipcord: no stranger to hard work, hands surprisingly callused for one of his few years, but still in some ways still a boy. He'd surprised himself by speaking up in class as he did, and wished he hadn't. It was so very unlike him to speak up. Normally he tried to be colorless, invisible, unseen ... but on some deep level he knew this schoolmarm was different. This one could be trusted. He went outside with the other children and, surprised, lay down, partly on the quilt, mostly on the grass, and looked up through the tree branches, and listened. He'd never seen the ocean; he'd never seen most of the things Mrs. Cooper was reading about ... well, he'd never seen them himself, but with her help, he was seeing it through another man's eyes, and he was fascinated. His own eyes beheld branches, and coloring leaves, and a magnificently clear sky, but his inner eye saw the world of a certain Mr. Verne, and he was entranced by the vision. At least until the shotgun went off. He was off the ground and on all fours like a stung cat, nostrils flared, weight on his fingertips and the balls of his feet. He reached up and unbuttoned the single coat button that kept his Army Colt hidden, and waited. Mrs. Cooper clapped her hands and herded her young charges into the schoolhouse. Jacob hung back with her, behind her, watching; he was last into the schoolhouse, and as Mrs. Cooper pulled the door shut and secured it, he carefully, discreetly, buttoned his coat. Mrs. Cooper acted as if nothing were amiss, and continued reading. Jacob returned to his seat, a sick worry in his stomach. I met Bonnie, Sarah and the brothers Rosenthal on their way back from the schoolhouse. I needed to talk to Bonnie, and she needed to hear what I had to say. We all crossed the street and went into the Sheriff's office. "First of all," I said gently, "Bonnie, you are not in trouble. The law regards your action as entirely necessary and completely justified. This is a personal matter, and I need your help." "Mine?" she asked, clearly uncertain; she held Caleb's hand with her left, and her right went involuntarily to her bodice. I dragged out chairs enough for the three of them, and I hauled mine from behind the desk and parked it right in front of Bonnie, close enough that our knees nearly touched. Sarah had already happily usurped Charlie's vacant cot and was curled up on her side, watching us with a drowsy expression. I leaned my elbows forward on my knees and took both Bonnie's hands. "Bonnie, you have been through a terrible time," I said, my voice gentle. "I want you to look around you, first of all." She blinked, then looked at Levi on her left and Caleb on her right, and she looked around the room, and over at Sarah, and back at me, puzzled. "Bonnie, if you were to open the door and look at the door frame, you would see it is made of two inch thick, seasoned timber, pegged in place. The walls are nearly a foot thick and proof against any rifle bullet. Nobody can harm you here." "Bonnie," I said, soothing, pitching my voice a little lower, "you are safe here. You are safe from harm, and nothing can hurt you here. Caleb is beside you, Levi is beside you, I am here with you, and you are inside a fortress. You are safe here, Bonnie." I could feel her hands beginning to relax and her face wasn't as drawn. Levi's eyes were bright and interested. He hadn't seen this before. "Bonnie, you're going to watch what happened like it was a play on a stage," I continued, my voice soothing, gentle, relaxing. "You are watching a play, nothing more. You will be watching the actors. You are safe with me, you are safe here, you are watching a play. Do you understand me, Bonnie?" I glanced over at Sarah. She was sound asleep. "Bonnie, the play begins when those two men come into your shop. Do you see them?" Her hands tightened and her face started to line again. "I see them." "You are watching a play," I said quietly, "you are watching actors, nothing more. You cannot be harmed. Do you see them come in, Bonnie?" "Yes," she said, relaxing. "I see them." "Do you hear what they are saying?" Bonnie blinked, slowly. "One is laughing," she said quietly, "and one is threatening me." "Tell me what you see happening next." "Caleb comes in the door. He knows something is wrong." "You are watching a play, Bonnie, you are perfectly safe here with me." Her hands were still relaxed and the lines had disappeared from her face. "Now, Bonnie, what does Caleb do?" "Caleb knows I'm in trouble," she continues, speaking a little slower than usual. "He pushes the man nearest him and he falls." "Tell me what you see next." "The other man pulls his gun and tries to hit Caleb." He is going to kill Caleb." "You are watching a play, Bonnie. What happens next?" Bonnie's eyes close. "I open the drawer." "Look at my eyes, Bonnie. Look at my eyes." She opened her eyes. "Look at my blue eyes, Bonnie. Do you see my eyes?" "Look at my left eye, Bonnie." Her eyes shifted, steadied. "Look at my blue eye with the little gold flecks. Do you see the gold, Bonnie?" "The gold looks like flakes of gold in a streambed, with water running over them," I said gently. "Do you see the gold, Bonnie?" "Bonnie, you are safe here, nothing can harm you. You are watching a play. Tell me what happens when the drawer opens." "I draw out your Navy Colt and kill the man." "What is this man going to do?" "He is going to kill Caleb." "Can you stop him in any other way?" "Bonnie, this is important. Look at the gold. Bonnie, do you see the gold?" "I shot him in the back of the head." There is a little twitch at the corners of her mouth. "I see Twain Dawg." "What is Twain Dawg doing?" "He's growling. He's all puffed up and he's growling like he's going to tear them apart." "Caleb grabs the man I shot and you come through the door." "He turns over and tries to shoot you." "Bonnie, the play is almost over. You are doing very well and I am proud of you. You are watching a play, and nothing in it can harm you. Do you understand?" Bonnie's gaze was on my left eye, unwavering, unblinking. "I understand." "Bonnie, what was the most terrible thing that happened in that play?" "What was the man trying to do?" "Could you have stopped him in any other way?" "You did the right thing, Bonnie. You did the right thing, do you understand? You did not kill him. He killed himself by giving you no other choice!" Bonnie's hands were still relaxed in mine and her face had not tautened. "Bonnie, you are completely relaxed. You are safe here. No harm can come to you here. Do you understand?" "Bonnie, I am going to count backwards from five to zero. When I reach two, you will blink, and you will wake up, and when I reach zero, you will be completely refreshed, and you will be secure in the knowledge that you have done nothing wrong, and that what you did was right, and was necessary." My voice was still soft, and soothing, and gentle. I counted backwards, from five. At zero, Bonnie shifted in her seat and smiled a little to find me holding her hands. She turned and saw Caleb, and past him, on Charlie's cot, Sarah, sound asleep, Twain Dawg curled up on the floor beneath. Bonnie took Caleb's hand and smiled. Levi nodded. "Sheriff, I'd like to talk to you privately," he said, and I nodded. "Caleb?" I asked. "I'd like to talk to you two just a little more." Caleb nodded, puzzled. "I want to talk to you about Esther. But for now, I want pie and coffee, and I'm buyin'!" "Sheriff," Levi asked me as we crossed the street to the Silver Jewel, "what did you just do?" "Something I learned in the War," I replied. "Bonnie has never had to face something as terrible as what has happened to her in the past few days. She had to kill a man that came in the Jewel as the outlaws hit town. She did that to protect Sarah. She was fine with that -- there is no fiercer fighter in all of nature than the mother tiger defending her cubs. Bonnie survived being chloroformed, abducted and tortured, mostly because she could fight back. Even chained up she could fight, and she did, and to good effect." "I read the affidavit," Levi murmured. "But killing a man so close you can shove the muzzle against the back of his head? That was the most terrible moment she had to face," I continued. "The knowledge was here" -- I placed my fingertips against my forehead -- "and if we can walk her through it, and walk her past that one most terrible moment, and walk her through what happened next? -- and what happened next? -- and what followed that? -- I don't pretend to understand why it works, only that it does -- because if the knowedge ages a full day and it get down to here" -- my fingertips went to my breastbone -- "then it becomes part of your body's memory and the body never, ever forgets. More than that" -- I paused for emphasis -- "unless I had taken her through it, and past it, in a way that she knew she was safe, and could not be hurt, then every time she remembered it she would come up against that most terrible moment, and back away from it ... and she would come up against it again, and back away ... and each time, that stone wall of a memory would grow stronger, until finally she would never be able to get past it." "I see," he said quietly. "She also needed to hear that what she did was right, and it was unavoidable, and that most of all, she had not killed him, he committed suicide by giving her no other choice." I stopped and looked Levi squarely in the eye. "Levi, to tell her that you've never had to kill a man, that you've always been able to talk them into surrender, is exactly the worst thing you could do to that poor woman. She's already tortured herself enough over that one most terrible moment. Telling her what you did was pouring salt into a whip-cut." Levi blinked. I'd hit him where he lived with that one. I laid an understanding hand on his shoulder. "When you told her that, you were also being honest. Believe me, my friend, I have hurt people myself with the spoken word, and God help me from repeating the sin, but likely I will do worse before I'm dead!" "Point taken," Levi said quietly. "Thank you, Sheriff." We sat down together over Daisy's good pie and vanilla coffee. Esther was working the books, upstairs; she would be down a little later. Just as well: I had Bonnie and Caleb's attention, and better than that, their curiosity, with my comment about wanting to talk about Esther. "Caleb," I said, "Esther is a very special woman." Caleb looked at Bonnie and smiled gently. "I know what you mean," he murmured. "She is strong and she is gentle, every inch a lady, and a gifted artisan in her own right," I continued. "She is warm and solid in my arms and she is the woman I want to spend the rest of my life with." Bonnie laid her hand on Caleb's arm and smiled. "She is my balance wheel and my wise counsel; she is the smile I live for and the reason I draw breath." I leaned forward a little to emphasize my words. "Caleb, I learned early in life I can die at any moment, and I learned far too late that I deserve some happiness in this lifetime. I intend to marry Esther the very moment she agrees on a date." "You nearly lost her twice already, Caleb. If there's a third attempt you might not have luck in your hand." Sarah had just finished her little slice of pie and came up for air as I uttered the words "luck in your hand." I smiled as I noticed she had berries blueprinted on either side of her smiling mouth. Sarah tugged at Bonnie's sleeve. "Mama?" she whispered, cupping her hand to funnel her breathy, warm whisper into her Mama's ear. "Is the Sheriff talking about how Caleb lost at poker last night?" Bonnie laughed out loud causing glances from the Sheriff, Caleb and Levi, but Bonnie whispered back into Sarah's ear, "No, sweetheart, that's not what the Sheriff is talking about ... I think he's playing matchmaker ..." Sarah wrinkled her nose and shook her head, "That's what the kids at school are doing to Billy ... poor Billy, Mama, he turns so red whenever the kids bring up that he's going to be my fella ... I just look at them and scold them, but somehow I think that makes it worse!" Bonnie laughed again then looked to the gentlemen at the table. "If it is just the same with you all, I think Sarah and I need to be getting home. "I'll walk you, Bonnie ..." Caleb scooted hers and Sarah's chair back to the table, and the three walked out of the Silver Jewel. Bonnie in the middle of Caleb and Sarah, all three walked toward the cottage hand in hand. "Bonnie? What do you make of what transpired with Linn today?" "I've been thinking on that, actually ...." "And ... I don't know. I understand, to a point what happened was a mere part of a whole picture. I guess, Caleb, I need to look at life that way, too." Bonnie paused, thinking. Caleb let her do so ... even Sarah said nothing. Bonnie continued, "For the most part, I don't have any complaints with most of the brush strokes creating this picture of a life I've lived .... I don't like some of the darker colors that have been used at times. I can still see that dark picture painted when Papa died, at Sam's Place, the other situations that have transpired since ... but I do see some brighter color strokes interlacing the darker ones. Sarah, for example," Bonnie looked loving toward the child and squeezed her hand. "With you, too, Caleb ..." She looked over to gaze in those wonderful gray eyes. Eyes filled with so much life. A person could get lost in their depth. There was hope in those eyes. The three stopped walking. Caleb laid a hand on Bonnie's cheeks, and held her gaze. The silence was broken, however, "Is this were you two kiss?" "Yes, Sarah ... this is where we kiss ..." The lips came together meeting as one. The breath shared was also one. Questions were replaced with answers. "Mama? Caleb? I'm a little cold .... Can't we please go home?" Caleb and Bonnie broke apart, Caleb picked up Sarah in one arm, and walked with his other across Bonnie's shoulders. Both Sarah and Bonnie rested their heads on Calebs shoulder and arm. "Bonnie? What is it you would like out of life?" "Interesting you should ask! Though I believe I will wait for your Mother to get here. There are some things I'd like to discuss with her first, but I believe I want to be surrounded by a family again. I would like to gleen from a families strength, Caleb ... I'm tired of being alone ...." I stood at the foot of the stairs, hat in hand, as Esther descended She held her hem up just enough, just barely enough, and her train rippled down the gleaming steps behind her like a silk waterfall. Now there's a fine-looking woman, I thought, and offered my arm as she reached bottom. I looked closely at her face. The bridge of her nose was smooth; she'd never worn glasses that I'd known, and there were no pince-nez marks now. "You have such young eyes," I murmured, and she smiled, and took my arm. We sat at the same table I'd just shared with Caleb and what I sincerely hoped would soon be his family. I'd given him enough to think about. Esther asked for tea and a small slice of pie; tea sounded good to me too, but I was still full. Jacob came in from out back, cheeks pink with exertion and the cool night air. He drew out a chair and we welcomed his presence. Daisy didn't bother asking; bless her, she knew tall boys well enough to bring a loaded plate, and Jacob buisied himself doing justice to the feast. "How long will it take Duzy to reach home?" I asked. Daisy made a second trip with our tea, and a pot of honey. Esther and I both added a dollop, stirred it in. "I'm not sure," Esther admitted. "I was of two minds, whether to go, or to stay." I reached for her hand, held it between both mine. Esther closed her eyes and sighed. "Your hands are so warm!" "Esther, if you need to go, then by all means go!" I urged her. "This is family. If you're needed, I won't be so selfish as to keep you here!" Esther opened her eyes, laid her other hand on top of mine. "You are my family now," she said. "Forsaking all others I will cleave unto you." "Name the date," I whispered. "My lady, I wait on your good pleasure." Jacob looked up between forkfuls of beef and gravy. "Shakespeare?" he asked. "Something like that," Esther murmured. Jacob turned back to his plate. At the moment, his meal seemed quite a bit more interesting. The fall colors were beautiful,the mountains of North Carolina a sight to behold, as the memories of her childhood hit her full force, her eyes becoming misty as she fought to keep her composure, dabbing her eyes with her hankerhief, as her heart filled to her throat until she thought she would burst! She would never hear another of Grandpa's stories. Mama would need her to stay strong to get through the coming days. Mama had been Grandpa’s only daughter and the apple of his eye, doting on her much like Duzy's Papa had her. Not being one to sit back and feel sorry for herself, Mama was standing there, alongside Papa, each one eagerly awaiting the sight of their headstrong but beloved daughter, as the train came to a halt. “Anymore dreams while you slept?” Duzy knew Jake could tell when she was having one of her dreams, sometimes she would talk in her sleep, sometimes calling a name, sometimes coming awake so quickly, that she was up before she was awake! Duzy remembered the dream she was having just before she had been awakened by the train whistle…..but it was one she was not willing to believe……so she said nothing. Papa had been shaking hands with Jake when he turned and gave Duzy a big bear hug, letting go, and stepping back, looking her over, as if he were making sure she was alright, just as he always had. He looked into her eyes and knew his daughter was in love and he felt proud of her choice. He knew Jake to be a good man and one that would look after his daughter, just as he did. “So, when is the wedding?” “Papa!” “Lee!” the two replies coming in unison, from Duzy and Mama. Jake laughed, and then turned to both ladies and said, “Mrs. Wales, Duzy, I asked for Lee’s blessing before I left for Firelands, during my last visit, and was happy to receive it! I was planning to ask Duzy the day we got the news of your Father, and I am so sorry for your loss, he was loved by many and will be missed." "Thank you, Jake, he is at peace now and with Jesus, which makes it easier to bear." "As for your question Lee, I am ready to become a husband whenever Duzy tells me she will have me, but I plan to ask her proper, just as she deserves!" Duzy was happy her Mama had spoken, as she was still reeling from what she had just heard. She had thought along the trip how she would explain the relationship to her parents, and had decided to keep quiet unless they asked. Papa had surely taken care of that, Duzy thought, smiling at the big man who had always been there for her, still handsome, and always saying what was on his mind! The telegraph office was their first stop to send word to Aunt Esther and Linn that they had arrived safely, knowing they would relay the information to those who needed to know. Lee already knew his sister was engaged to be married and was happy, having had Sheriff Keller checked out and found to be a good strong man, a good match for Esther, and her headstrong ways! He wondered if Mr. Keller had found just how independent Esther could be, and chuckled to himself at the thought. Soon, they were back at Duzy's childhood home. "HOME SAFE JAKE PROPOSED MORE LATER DUZY" Trust Duzy, I thought, even in grief she passes along good news! I looked up at Esther, handed her the telegram. Esther's hand went to her mouth and a smile wrinkled her eyes up at the corners, and she threw her arms wide, and I seized her up and spun her around. Daisy threw one hip out and, knuckles on her hip, declared, "Why can't I ever get a telegram like that!" "Jake proposed to Duzy!" I told her as Esther and I headed for the door, holding hands like a couple of kids. "About time!" Daisy exclaimed. "He took long enough!" Bonnie hummed as she worked, planning her day as her hands went about the familiar tasks of her morning: today she would finish two gowns, she would inventory her stock and plan her next order, and she would giggle when she looked at her bank book. Gold mining, when I don't have to mine the gold! she thought. This is nice! Twain Dawg whined, his flesh wrinkled up between his ears. Twain Dawg yapped, a sharp, insistent note, but there was no response from the small figure in the bed. Twain Dawg started casting about with his nose to the floor. His need was getting quite urgent now; he yapped twice, then sat down, cocking his head to the side, listening. Twain Dawg began yapping again, urgently, shrilly, and very, very loudly. A mother's instinct took over. Bonnie dropped the towel, half-running across her kitchen. She opened Sarah's bedroom door just as her daughter began to convulse. “Mrs. Cooper, are you ready?” Jackson Cooper asked, extending his hand as Emma crossed the front porch. “Thank you, Mr. Cooper, yes, I am ready,” Emma smiled, taking his hand and stepping carefully down the two stone steps to the stone walkway. She tilted her face up as Jackson leaned down and kissed her, one time, gently. “I love you, Mr. Cooper,” Emma murmured, molding herself into Jackson. Jackson's arms were warm and strong around her. She felt his contented sigh. Jackson Cooper laughed with genuine pleasure and he kissed Emma on the forehead; slipping his hands under her arms, he picked her up and whirled her about, and deposited her neatly in their buggy. “Time for school, Mrs. Jackson,” he declared, striding around the back of the wagon and climbing in. With a gentle flick of the reins and a quiet “Yup there!” they started down their little dirt road. Bonnie wrapped Sarah tightly in her quilt. The child was burning up, but she was also struggling, and Bonnie contained her as best she could. Twain Dawg whined, head tilted to the side. Bonnie turned with a great swing of skirts and headed for the front door. Twain Dawg galloped after her with a puppy's curious, hobby-horse gait. “Jackson?” Emma's voice had an edge he'd never heard before. “I see her,” he replied, tension edging his own voice. Bonnie was running up the road toward them, a small, blanket-wrapped form in her arms. Bonnie handed Sarah to Jackson, and Jackson handed her to Emma, extending his big callused hand to seize Bonnie's forearm and haul her aboard. Bonnie landed in the back seat as Jackson snapped the reins, hard. Twain Dawg ran after the retreating wagon, ran until he could run no more, then he set his square little bottom down on the ground, panting. He looked after them with an expression of profound sorrow. Twain Dawg pointed his little muzzle to the cloudless blue and howled, one, long, treble, puppy-pitched note, singing his grief to the uncaring sky. If he hadn't been so sincere it would have been funny. We rode out for just under three hours at a canter until I recognized the creek. Mr Moulton was making mental notes all the way as we rode. We left the trail upstream to the place where I had camped. I showed him the area I had in mind. He said I could stake out a much larger area if I wanted to and to be sure to include both sides of the creek. He wrote down some notes about where we were and paced off to measure the area and helped me set markers, then we started back to town. "I'll get this all recorded for you by tomorrow." Bonnie was out of the wagon before they were stopped. She landed flat-footed on the dirt street, took two long steps and hammered on Doc Greenlee's locked door. Then she saw the note. Emma saw Bonnie's shoulders sag, and she ran back to the wagon. Jackson Cooper extended her hand and Bonnie stepped in, fighting tears. "He's delivering a baby!" she blurted. "He's a day's ride south, delivering a baby!" Jackson Cooper and Emma looked at one another. Jackson snapped the reins. "Yup there! Hard about!" The big warmblood brought their buggy around in the street and they headed for the Silver Jewel at a spanking trot. Tilly looked up as Jackson Cooper's big form filled the doorway, but filled it for barely a moment, for he had the stride of a man on a mission. He also had a small, blanket-wrapped form in his arms, and the blanket was moving. Emma pushed past her husband, Bonnie's hand in hers. "Susan? Where is she, please?" "Upstairs, number eight," Tillie replied, eyes growing big as she took in the lines engraved on Bonnie's pretty face, and her uncharacteristic pallor. Jackson turned and took the stairs two at a time. Daisy came out of the kitchen, a worried look on her face. "I heard the commotion. What's going on?" "I don't know but I think it's Sarah!" "Oh, no," Daisy murmured. "I'll put on more hot water." She went to the back door. "Jacob! Could you draw some more water, please? And we'll need more wood!" Susan Spicer had just finished making the bed when she heard urgent footsteps in the hall. She reached for the door and hauled it open just as Jackson Cooper's big fist came down on empty air. He was carrying a squirming blanket and a worried expression and Susan reached in and took it from him, depositing it on the freshly-made bed. Professionalism, training and experience took over. Bonnie was at her side. "Exposure to sick or strange children?" Emma grasped her husband's arm. "Two of the children in school were ill yesterday. They were fevered, a little, and coughing. I kept them in the back of the room and kept the windows open." "And a good thing, too," Susan murmured, stripping the child out of her soaking nightclothes. "She's burning up." Susan laid a gentle hand on Sarah's chest, listening with her fingers, peeled back an eyelid. Sarah's eyes were rolled back in her head. Tillie was at the door. "Susan, what do you need?" "Water. One bucket hot, one of cold, and a tub." "Jacob!" Tillie called down the stairs. Esther was a scarred veteran of many childhood illnesses, but she knew this was serious. As soon as Susan got Sarah in the tub of tepid water, the measles fairly exploded into view. Susan knew the statistics; Susan knew the follow-up conditions that too often followed; Susan knew this was one sick little girl that would need watching for the next few days and nights. "What can we do?" Bonnie whispered, squeezing Esther's hand. Esther patted her hand in return. "The first thing we do, dear, is understand that Susan knows what she is doing, and she will take care of Sarah better than any man!" "Right now we need to give the woman room to work, so let's go downstairs and we'll have a nice cup of tea." "I DON'T WANT TO GO DOWNSTAIRS!" Bonnie lashed, then buried her face in her hands, sobbing. "I'm sorry, Esther, I'm so sorry!" Esther soothed her like a frightened child and Bonnie clung to her like a drowning man cling to a life ring. "I want my Mama," Bonnie sobbed, utterly broken. "I want my Mama!" A dam broke inside Bonnie's heart, and all the grief, and all the fear, and all the loss, and all the hurt she'd kept walled away in a hidden corner of her heart, came roaring over her soul with the force of a Niagara. She had no idea when Caleb arrived, only that he was there, and she held him, and he held her, and he drew her onto his lap as he eased into a rocking chair, and he held her and he rocked her and he stroked her hair and he made the soothing sounds a hurt child needs to hear, and Bonnie cried herself out, cried for the loss of her parents, cried for the hurts done to her, cried for every bruise Sarah had borne, and now she cried because the most precious thing she knew was about to be taken from her by something she couldn't fight. Caleb Rosenthal had never claimed to be a wise man, but he was wise enough to hold Bonnie, and to rock her, because in that moment, that was exactly what Bonnie needed. Pastor Belding was riding down the road, enjoying the morning, with a brace of fat turkeys hanging by their feet from his saddlehorn and a few partridge balancing the load on the other side. Hunting had been good this morning. A high, keening sound caught his attention. He looked ahead and saw what looked like a small black blob sitting in the road, and the noise seemed to be coming from that blob. He heeled his horse into a jog and rode up to the blob. The puppy looked at him over its shoulder then went back to howling. "What's the matter, little fella?" the pastor asked. "Did you lose your last friend?" He looked closer at the pup and recognized Twain Dawg. "What're you doing so far from home?" Abraham had seen the little girl with her puppy and a sudden chill passed over him. "Is something wrong with Sarah?" Twain Dawg didn't answer, just launched into another high pitched howl. Abraham bent from his saddle and scooped up the puppy and tucked him into his coat. He kicked his horse into a run towards town. As he loped down the main street Abraham could see the Cooper's wagon parked in front of the Silver Jewel. It was an odd time to see that wagon in that spot so he reined his horse to the hitchrail beside the wagon and dropped from his saddle. He reached into his saddlebag for his Bible and ran inside, cradling Twain Dawg in the crook of his arm. Inside he saw Caleb and Bonnie and he slowed to a walk. Bonnie's eyes were closed and her cheeks were pale and streaked with tears. Abraham looked at Caleb and held up his Bible. Caleb looked back with a neutral expression on his face then nodded once. Abraham stepped forward. "How can I help?" he asked. Bonnie's eyes opened. "Sarah is very sick," she said hoarsely. "And I feel so helpless. Please, if you would pray for her?" "Of course," Abraham said gently. He set Twain Dawg on the floor and bowed his head and clasped his hands around his Bible. "Heavenly Father, you know the burdens this family bears and you know the needs they have. I ask you now to lay your strengthening hand and your healing touch on Sarah, who needs you most of all right now. And I ask that you bring your love and comfort to Sarah's parents in their hour of need. I ask and thank you in Jesus' name. Amen." He lifted his eyes to Caleb's, and a look of gratitude passed from Caleb to Abraham. "I know that your faith and mine are somewhat different," Abraham said quietly, "but I don't believe that matters at a time like this, does it?" "No, I don't believe it does," Caleb said just as quietly. "Thank you." "Tilly, have you had the measles?" "Years ago, honey. I was just a child." Susan brought Sarah's shivering form out of the bathtub and into the big Turkish towel Tillie was holding. "You realize she can't stay here." Anger flared in Tillie's hazel eyes, quickly shuttered behind long-lashed lids. "Measles kills one out of every fifteen children it infects," Susan continued matter-of-factly. "It's hard on adults but not as deadly. It can lead to deafness, paralysis, blindness or imbecility, and we don't know how it's spread. Our best guess is it's breathed but we don't know that." "Where can we take her?" "Home is my best recommendation. She is going to be one sick little girl. If she doesn't die of pneumonia in the next two weeks, if she doesn't die of dysentery before then, and if the fever doesn't come back, she'll have a fair chance." She toweled Sarah's still-shivering form, picked up an adult-sized flannel nightgown and worked it gently down over Sarah's little form. "Right now we keep her warm and wait." Susan knelt at the child's bedside, taking Sarah's little hand in both of hers, and bowed her head. Susan was not a physician. She knew a fair amount about healing, but she knew when to ask for help. Twain Dawg had shivered in the warm grasp of the fellow that picked him up off the road. Somehow he knew this man could be trusted, and that he was safe, and he was being taken somewhere, and that was a comfort. His curiosity also came alive, for he'd never ridden horseback before, and he rather enjoyed the sensation. He cuddled up against the man's warmth and sighed.

2019-04-23T14:46:09Z

https://forums.sassnet.com/index.php?/topic/283587-firelands-the-beginning/page/18/

There is a large number of interesting questions asked of FOA! How Much Do Installers Make? Sacramento's Golden 1 Center Claims To Be "Highest Tech Stadium In Sports" Download the crossword puzzle on "Optoelectronics and Splicing." In July 2016, FOA certified it's 60,000th tech and more than 9,500 of those have achieved CFOS Specialist Certifications. By early September, we were already at 61,000. Are you experienced in fiber optics but not FOA CFOT® certified? FOA's "Work To Cert" program is for you. Bumper sticker on the tailgate of a contractor's pickup truck. Over the last couple of years, the applications of fiber optics have been growing very rapidly. One obvious reason is the explosion of projects for fiber to the home (FTTH), but we're also seeing the same kind of growth in data centers, DAS in large pubic facilities, fiber to the antenna (FTTA), municipal fiber networks supporting education, public safety, security and intelligent transportation systems, alternative energy projects and lots more. The need is also growing for more trained workers. We've seen an acceleration in the number of students at our schools getting trained and certified. We're also seeing more experienced workers coming to FOA applying for direct certification through our "Work To Cert" program. Often it is because their customers are requiring it - many after having problems with installation projects caused by incompetent workers. These trained and certified workers are part of the success stories we hear almost daily about installation projects everywhere. It's obvious to FOA that training/certification and success go hand-in-hand. What's obvious to FOA is obviously not obvious to everybody. Cutting the costs of employees - including training - is seen as a way to save money and create more profit, often without the understanding that poor job and/or project performance will reflect badly on the company following that business strategy. Here in the US, we have a saying for this - "being penny-wise and pound-foolish." A system that was designed with specifications that greatly exceeded user needs. Of course, it was also extremely high priced, perhaps double the price of a reasonable system. Building a system for today's needs and planning for a future upgrades when (if) needed would have been much more cost effective. Sending design projects overseas for CAD work to save money. It appears that these designs had no input from people who had physically examined the routes. The designs ignored the likelihood of other cabling in conflicting areas and local geology that could prevent economical underground construction. Even designs done locally are not being physically inspected properly by experienced contractors, causing similar problems. Contractors subcontracting to other contractors who sometimes subcontract to others, often without any control over the hiring of skilled workers. Hiring workers with little or no training at minimum wage or below, often workers without language skills to understand written or verbal directions. No OJT - on the job training of these low or no-skilled workers doing skilled work. Workers on projects having no personal identification or identification of the contracting organization. Top of the list: Digging up existing cables, often breaking fiber cables, sometimes multiple times, even on private property where they did not have permits or ask permission of the owners. Poor workmanship, especially when burying cables on streets and customer lawns, leaving a messy installation and not cleaning up afterwards angering both consumers and municipal officials. Workers installing cables without leaving adequate cable length for splicing or connections. Not knowing how deep to install underground cables. Not understanding testing methods or instruments so test results are meaningless. This often makes it impossible to judge the quality of many installations. We'd bet that the bosses making the decisions that cause these problems would never let an unlicensed electrician work on the wiring in their homes, trust their vehicles to unskilled labor for repair or let unlicensed doctors treat their families just to save money, but they seem oblivious to the downside of giving business to the lowest bidder without investigating their qualifications. Invariably, it seems, the contractor will blame the manufacturer of the products for the failures. In one case long ago that I (JH) was involved in, a supervisor for a contractor pulled out over $100,000 worth of perfectly good cable and threw it out in a muddy field in the rain because his workers told him it was all bad. The cable was perfectly good, however, but his employees were incompetent at splicing and testing. Rather than admit they were the problem, they blamed the cable manufacturer, who had to send a crew (including me) to the job site to investigate the issues with the installation. While the manufacturer was cleared of any blame, the contractor, faced with the loss of the $100,000 of cable and redoing all the installation, walked away from the job and went bankrupt, leaving the customer with nothing but a mess to clean up. If you are selling products for a project, isn't it worth your effort to ensure the installers are competent? Wouldn't you rather ask some questions in the beginning rather than have to bring out the technical experts (and maybe lawyers) later to defend your reputation? In practically every case like that, everybody loses. If you are a cable manufacturer, do you limit your warranty to the delivery of good product on the reel to the customer location and it's their problem after that? If you make fusion splicers, can you prove that bad splices are not the result of the function of your machine? Test equipment manufacturers - do you guarantee that if your tester says "Pass" when the operator pushes the "Auto Test" button, the cable plant indeed is meeting the specifications required? Wouldn't it be easier if you stated your warranty would only cover your product if installed by a properly trained and certified installer? Twenty years ago, most manufacturers had programs for "certified installers" that they had trained themselves. It was in reaction to the variability of those programs that the Fiber U instructors (who included several from companies that offered manufacturer certifications) decided in 1995 to start the Fiber Optic Association. The charter of the FOA then was "to promote professionalism in fiber optics through education, certification and standards." Still is. FOA partners with the IBEW, CWA/Alliance, many companies, agencies, telecom ministries and a long list of those involved with fiber projects to ensure proper work on their projects. But that's probably still not enough. You can't train a fiber optic installer in a one-day course that covers little technical material and has little - if any - hands-on skills training. You can't have an installer take a one day course on a manufacturer's product and expect them to know the full scope of the work they will be doing in the field. A novice who takes a course and gets a certificate - or certification - is not an expert. The FOA goal is to give them enough knowledge for OJT - on the job training. That means they are ready to work in the field with an experienced tech who will mentor them - showing them what fiber installation looks like in the real world, teaching them to develop new skills and learning how to made decisions on their own about an installation. You must have newly trained employees properly supervised to help them develop into skilled technicians. Have you considered interns And apprenticeships? We need to educate the bosses, supervisors, network owners, IT managers, project managers, facilities managers, etc. - whoever manages the design and installation on a project, signs the contract and perhaps more importantly, the final checks - educate them about what's involved in a fiber project, what competencies contractors and their installers need and how to judge the finished project. We need to teach them how to develop their employees skills through training and OJT under proper supervision. Only when they understand what they are managing will these problems start becoming less widespread. What you can do - whether you are a contractor/installer, distributor or manufacturer - is to politely inform your customers that it takes skill and experience to successfully build a fiber optic network. That using trained and certified workers will help ensure the investment they are making in their network will have a proper payback. Quite a few of our instructors have been told by employers "If I pay to train my workers they will leave for higher paying jobs." One of our instructors replies, "If you don't train them, will they stay and continue to do substandard work for you?" Check out the bumper sticker above seen recently on a contractor's pickup truck! FOA schools are seeing increasing numbers of students and FOA is certifying techs at much higher rates that before. They are also offering a larger variety of courses. Our online Fiber U certificate of completion programs are growing also, especially in the applications areas. But we still have a long way to go. FOA is doing extensive research on this problem. Watch for more discussion on this topic in the next few months. Got comments? Contact FOA with your feedback. Many of the problems we're seeing and hearing about are caused by cost cutting. Surely you have heard the quote attributed to an American astronaut* asked what he was thinking about sitting on top of a rocket ready for launch: "I realized I was sitting on a machine with a million parts all built by the lowest bidder." Is that how you feel about your cable plant project? Misleading Headline Award: "Google Fiber wins faster access to utility poles over AT&T’s objections" Any number of tech websites had similar headlines recently, this one from arstechnica. Why is it misleading? Let's start with the subheading on the article: "AT&T likely to sue Nashville over rule providing quick access to utility poles." That's just the beginning. The Nashville Metro Council has to vote one more time on this resolution called "One Touch Make Ready" to give Google Fiber faster access to utility poles, approving an ordinance opposed by AT&T and Comcast. The One Touch Make Ready ordinance (what this means) would let a contractor for a single company—such as Google Fiber—make all of the necessary wire adjustments on a utility pole itself without having to wait for incumbent providers to send construction crews. This has been a major slowdown for Google FIber in Nashville where "Of the 88,000 poles we need to attach Google Fiber to throughout Nashville, over 44,000 will require make ready work," Google Fiber had said. Nearly 9,800 poles have been "approved" for make ready work, "but so far, only 33 poles have been made ready." This is just another skirmish in the "Pole Wars" we reported on in last month's FOA Newsletter. Here is another article from the Nashville Tennessean that has more details about this issue. It includes an interesting quote: "AT&T insists it has not slow-walked anything, that it has efficiently handled applications for pole attachments. It’s a complicated process — in fact, not nearly as simple as the name of the “one touch” bill title implies." Last moth in the FOA Newsletter, we discussed the way incumbents have been taking their points of view to the courts. They have also been going to state legislators who are happy to pass pro-incumbert legislation since the incumbents are big campaign contributors. That led to 19 US states passing legislation written by telecom lobbyists that would prevent broadband networks owned by municipalities or public-owned utilities. Obviously this was aimed to stop more cities from building systems like the highly successful systems in Chattanooga, Clarksville, Morristown and Bristol, Tennessee. Here are the details of these individual state laws. In the February 2015 FCC judgement on network neutrality, the "Open Internet Order of 2015," FCC adopted strong rules on net neutrality and specifically negated the state laws in Tennessee and North Carolina based on petitions from Chattanooga, TN and Wilson, NC. Chattanooga and Wilson argued that these state laws are in conflict with the FCC’s federal mandate to promote broadband deployment throughout the country. The commission agreed, and in doing so handed consumers another victory. The assumption was that this would be reason to negate laws in the other 19 states. Almost immediately, the states of Tennessee and North Carolina sued the FCC, and it did not take long before they found a friendly judge who overturned the FCC ruling. If you want the details, see Court Overturns FCC Effort To Promote Municipal Broadband Competition. That threatens the 10G network planned by Chattanooga's EPB and Wilson's Greenlight fiber netwwork. Regulators will “consider all our legal and policy options,” he says. Several times in the last year we've reported on the sale of broadband or CATV systems, specifically looking at the price paid for a subscriber. It has been consistently in the %$5000 range. This is important information for those independently developing broadband or FTTH networks as it provides a benchmark value for their investment. Two more systems were recently sold. Private equity fund TPG Capital says it has reached agreements to acquire regional broadband services providers RCN Telecom Services LLC and Grande Communications Networks LLC. TPG will buy the companies in separate transactions from their common owner, ABRY Partners. RCN will cost $1.6 billion while Grande's price tag will be $650 million. Those numbers are higher than most recent sales and indicate that the value of broadband customers is being recognized by the financial community. Remember in the March FOA Newsletter we talked about the SmartGig LA meeting we attended? And in the June FOA Newsletter, we talked about the meeting the same group ran in the Bay Area. Why Columbus? Columbus has been selected as the winner of the $40 million Smart Cities grant from the U.S. Department of Transportation. In addition, Vulcan Inc. has contributed another $10 million to incorporate electric vehicle infrastructure. SmartGigCities has planned a number of other meetings around the US. Sign up here for the SmartGig Cities newsletter to keep up to date on their future programs. How Much Do Installers Make In The Various Regions Of America? The map below, from a US Department of Labor, Bureau of Labor Statistics web page of data on "line installers" which includes fiber optics, shows the distribution of wages in the US. This map includes all telecom line installers which includes both copper and fiber, but it gives good relative data to where wages are higher and lower. So if you are looking for work or hiring workers, this information will be helpful. The web page also includes maps of numbers of workers by industry and other relevant analyses from data available in May 2015. It's very interesting reading. Go here to read the entire page. The new sports facility built for the Sacramento Kings NBA team claims to be the highest tech stadium in sports. That's a big claim! In recent times, the FOA Newsletter has profiled the 49ers new Levi's Stadium in Santa Clara and the 1000 wireless DAS antennas in the Nissan Stadium for the Titans in Nashville. But there may be some truth in the claim from Sacramento. It helps to know that Qualcomm (the wireless chip company) chairman Paul Jacobs is an investor in the team, and that Kings owner Vivek Ranadive made his fortune in software, both quintessential techies! The Golden 1 Center is much smaller than the big football stadiums - under 20,000 seats - but is truly a high-tech wonder - so much so that it was written up in a Wired Magazine article recently. If you want all the details, we suggest you read that, but here is the summary - a 84-foot 4K video board, an ultra-interactive app for fans to use during events, and a massive amount of connectivity within the building. At a command center, a group of employees check a bank of ~20 screens to see everything that’s happening. There is a 6,000 square foot data center and hundreds of WiFi (802.11ac) and small cell wireless antennas. To create this high-tech wonder, there are over 900 miles of fiber (mostly SM but some new Commscope wideband MM fiber) and 300 miles of copper. Of course this is just another example of why the FOA has created education programs covering applications like OLANs, data centers and DAS and has free online courses at Fiber U to allow anyone to learn more about these state-of-the-art applications. Maxcell has been a pioneer in the field of fabric innerduct to expand capacity of typical fiber ducts by replacing rigid plastic innerduct with flat fiber innerduct. (See FOA Newsletter July 2014) Now they have a method of removing current innerducts without disturbing the live cables in them and adding fabric innerducts to double or triple the capacity of the conduit. They have special gear to pull out the current ducts leaving the cable in place and split the duct to remove it from the cable and prepare it for chipping for recycling. After all the old rigid innerduct is removed, you can pull additional cables into the fabric ducts immediately. The advantages are obvious - getting space for additional cables without installing more conduit - no more construction, no additional cost beyond the simple - and quick - process of removing the old innerduct and pulling in the new. Watch the Maxcell video on YouTube here. We all know the problems with dirty connectors but keeping connectors clean, even after just cleaning them, can be a problem. The Microcare Sticklers people have been talking about the problem of static electricity for some time. When you clean a connector with a dry cleaner, you may cause a static charge on the connector ferrule that will attract more dirt from the air. Sticklers solution is a cleaning fluid that is conductive and prevents static. Used with their cleaning tools, it reduces the static problem and helps ensure clean connectors. Watch their video here. The Microcare Sticklers people tell us they working on a series of five training videos about how to clean various connectors by application and should have the videos done by the end of September. We'll update you on those next month. Intel is reportedly making volume shipments of 100G transceivers for data centers using their "silicon photonics" processes. Intel has been working on this for a long time, FOA has covered their efforts for more than 5 years, most recently in the FOA Newsletter in September 2013. Silicon photonics integrates the laser and photodetector with the chips needed for drivers and signal conditioning, greatly simplifying packaging and potentially lowering cost. The first two products are singlemode 100G transceivers with either parallel optics (4X25G) with either pigtails or MPO ports (left photo) or WDM on two fibers for LC connectors (right photo). Both devices feature low power consumption - 3.5W - a very important spec for data center products. Read more about the Intel products here. In an interview on the CIO magazine website, Diane Bryant, executive vice president and general manager of Intel's Data Center Group, said the silicon photonics components will initially allow for optical communications between servers and data centers, stretching over long distances (~2km). Over time, Intel will put optical communications at the chip level. Jason Waxman, corporate vice president and general manager of Intel's Data Center Solutions Group, noted fiber optic cables will take up less space than older cables, and depending on the workload and implementation of servers, fiber optics can also be cheaper than copper cabling. "I came across a site that has alleviated my frustrations and has proven to be rather accurate for my own purposes. The site, courtsystem.org seems to have a complete database of listings for all emergency, legal and law enforcement government offices in the country – with working phone numbers (at least for the ones I’ve tried!). I wanted to share the site because it has saved me a few headaches and I’m sure it would be useful to others as well." Fiber optics has often been used in art and many beautiful photos of fiber optics have been created. When we checked into our hotel for the SmartGigCities Bay Area meeting, we found this great photo on the wall. But we did find it humorous! FOA participated in its 20th consecutive IBEW/JATC National Training Institute this summer in Ann Arbor Michigan. FOA has been a supporter of the IBEW NJATC (now called the "electrical Training Alliance") summer train-the-trainer program for two decades. This summer FOA Director and Master Instructor Tom Collins taught a pre-NTI CFOT course and a TTT course during NTI. FOA's Jim and Karen Hayes did an evening program on the FOA Design Certification and answered questions about the FOA. Attendance this year was very high, indicating a high interest in fiber optics by electrical contractors. FOA has over 30 local JATCs in the US and Canada teaching the FOA curriculum and offering FOA certification. At the Ann Arbor NTI, we signed up a number of new locations also. In last month's newsletter we discussed the Open Compute Project's (OCP) amazing results at cutting costs of singlemode transceivers for data centers. (See How To Get Fiber Optic Transceiver Costs To Drop 90%). This article led to several discussions on the way data centers are being built and how standards are being developed, specifically the move to singlemode fiber to allow equipment upgrades without cabling changes and "open-sourcing" the design of electronics. OCP is a user group started because traditional vendors were not delivering the solutions needed. Traditional server/switch vendors were not delivering products with the performance/price needs of users in mind. Standards for data center cabling were not based on the realities of the business. In this case, the "realities" of the business was that technology was allowing - no requiring - upgrades to the data center every 18-24 months, way too fast for traditional switch/server manufacturer product upgrades and the typical 5-year cycle of standards development. One could also say that OCP is another example of the "disruptor model" of current businesses - take a completely new look at how to run a business and ignore the past models - which has become the usual method of operation for current business startups. That this model can work for OCP has shown that it is a valid model for developing standards - in fact it may prove to be a better method. When products reach commodity status - like data center servers and switches and their fiber optic transceivers - the input of real customers is absolutely necessary to get the product designed right. And real customers are rare in the regular standards committees. Now Facebook and its partners are taking the same process to wireless and long haul backbones. Below are overviews of the projects and links to learn more about them. Will they have a similar effect on these aspects of the communications business? "As of the end of 2015, more than 4 billion people were still not connected to the internet, and 10 percent of the world's population were living outside the range of cellular connectivity. Despite the widespread global adoption of mobile phones over the last 20 years, the cellular infrastructure required to support basic connectivity and more advanced capabilities like broadband is still unavailable or unaffordable in many parts of the world. At Facebook, we want to help solve this problem, and we are pursuing multiple approaches aimed at improving connectivity infrastructure and lowering the cost of deploying and operating that infrastructure. Today (6 July 2016) we are announcing the OpenCellular access platform, and over time, we will be open-sourcing the design. We will also work on other elements like the software management system, hardware design, baseband, amplifier, filter, mounting device, and antennas. We have implemented an access platform that can support a wide variety of wireless network standards, from 2G and LTE to Wi-Fi access points. Anyone can customize the platform to meet their connectivity needs and set up the network of their choosing, in both rural and urban areas. For instance, the system, due to its on-board computing and storage capacity, can be configured as network-in-a-box or purely as a cellular access point." Could this affect wireless as much as OCP has affected the data center? Time will tell. Read Facebook's announcement of OpenCellular here. "As this OCP work was happening, we recognized that telecom infrastructure could benefit from the same innovations taking place in the data center. The power of CPUs and fiber optic network technology has skyrocketed while simultaneously growing significantly cheaper, and it was clear that the raw building blocks of what we were developing for our own infrastructure could be applied to telecom networks with great benefit. That’s why we’ve co-founded the Telecom Infra Project (TIP). TIP is bringing together operators, infrastructure providers, system integrators, and other industry players to work together to develop new technologies and rethink approaches to deploying network architecture that leverage these new advances in the technology and an open approach to development. We are thrilled to launch TIP with Intel and Nokia, which have been delivering industry-leading technology solutions for a very long time, and Deutsche Telekom and SK Telecom, which have both demonstrated significant leadership in the development of new network technologies. A number of other technology partners have also joined TIP and will provide knowledge and operational expertise across all areas of the telecom stack, driving innovation right from the start. At first, TIP will focus on disaggregating the components of network infrastructure that are traditionally bundled together and vendor-specific. This will give operators more flexibility in how they build out their networks and enable better, more cost-effective coverage. TIP members will work across three areas — access, backhaul, and core and management — to explore new hardware and software architectures with an eye toward greater simplicity and efficiency." We'll follow this development carefully as it is, like the other open source projects, potentially a major factor in the development of the fiber optic industry. After years of training and working with fiber optic professionals, I have learned that a few practices can help teams to be more effective at implementing and maintaining their optical networks. Many of these require little effort, and can make significant improvements in the quality and performance of your network. Some of these practices will help to keep you safe and be more effective at the job, while promoting professionalism and high standards among fiber professionals. I find that some of these practices might have greater impact than others, which is why I consider the following ones to be "commandments for fiber optic professionals". The number one cause of fiber optic network problems is dirty connectors. Dirt can cause problems like damage to a connector’s end face, misalignment, and attenuation. Grease, like the one from your fingers, can cause future problems in networks as high output lasers can end up burning it, causing charring and clouding to connector end faces. Make sure to inspect all connectors before plugging them in. Whenever possible, include an end face inspection probe image for each connector with your test and characterization records. Protect your eyes by testing with a power meter for verifying that fibers are not active before testing with microscopes. The number one cause of injuries when working with fibers are mishandled fiber scraps. Those tiny fragments of glass will find the way into your skin and clothes if you are not careful. Even worse, if you don’t catch these in time and do something like touching your eyes, you could end up inflicting a potentially painful eye wound to yourself. Protect yourselves by always wearing safety glasses. You could also take fiber scraps home with you if these are on your clothes, so make sure to get them all and dispose properly. Use appropriate sharps dispensing containers, handle and collect with tweezers or black electrical tape, and dispose of appropriately. Working on black surfaces will help you spot these fragments more easily due to the color contrast. Your fusion splicer is akin to a soldier’s rifle. Without a good working splicing-set is hard to be effective in the field. The last thing that you want is that after spending days on a job, finding high attenuations and bad splices due to faulty equipment. Safeguard and protect your splice-set from bumps, dirt, and humidity. Keep it clean, dry, and isolated from dust. Frequently clean the v-grooves with non abrasive materials or tools. Clean the electrodes and change them as needed, according to manufacturer recommendations. Keep the batteries charged. Avoid connecting directly to power plants and use power conditioners to protect from current peaks that could potentially damage circuit boards; instead, opt for using the equipment battery whenever possible. Today, there are many tools and gadgets for making field work easier and safer. Avoid losing your hands to a poorly handled box cutter. Instead, use appropriate cable prep tools. There are arrays of specialized tools for tasks like prepping mid-entries, distribution breakouts, opening flat drop cables, etc., which could save you time, keep you safe, and protect the fibers (and your fingers). I have seen, more than once, punctured or cut loose tubes, cut fibers, and damaged cables due to technicians not using appropriate tools, or simply preferring to use their pocket knives. Use the best quality cleavers available to ensure good splices and connections. While there are excellent options in the market today, I happen to like Jonard Tools, not only for how practical they are, but also for how affordable. I see many guys using VFLs for checking short distance links. That is not the right practice. Every link, regardless of its length, should be tested with an OLTS for optical loss/attenuation. When verifying continuity, identifying fibers, checking polarity, or looking for faults close to the source you can use VFLs, and when checking for distance, specific events such as splices, and when troubleshooting, you can use an OTDR; nevertheless, when conducting acceptance tests, for any link of any type, use a light source and power meter for verifying that the cable plant is working within specified optical budgets. This will ensure that your optical equipment will have a clean and useful optical path. VFLs are a good start, but do not tell you the appropriate information you need for link verification. Nothing as bad than completing an installation and not finding your fiber paths as expected, due to wrong fiber mapping and crossed splices. In order to avoid this, network design and planning documentation must be developed accurately and shared effectively from the start. After installation, appropriate “as built” documentation must be created, shared, and applied in order to maintain accurate records. These will be your best friends when conducting maintenance operations, such as troubleshooting and restoration. You will be surprised of how much there is to know about designing, installing, and maintaining optimal fiber networks. Often some take the time for learning once they find that their networks do not work. Appropriate network design and planning are foundational in implementing fast, future proof, and reliable networks that help in gaining and maintaining happy customers, securing your company’s investment, and keeping your job. The present technological advancements in STEM (science, technology, engineering and math) education have evolved through research on basic experimentations. Optical fibers applications are no exceptions. RUBY OPTO SYSTEMS in India has developed a series of educational apparatus to help demonstrate fiber technology and help students understand the theoretical and experimental aspects of optical fiber technology and optical fiber sensor applications. The design of experiments comprises of losses or attenuation due to bending (total internal reflection), misalignments (through beam) and sensing (reflective beam) apart from losses due to optical fiber end preparation, optical fiber lengths, source and detector coupling and the numerical aperture of an optical fiber. The optomechanical components are ergonomically designed for the purpose of hands-on experience. The methodical procedure of conducting the sequence of experiments substantiate towards the understanding of basic principles and further basic computation of power budgeting, the fundamental criteria of an optical fiber network. The seamless integration of modules/ components based on the design of the experiment make s it versatile and not a mere plug and play monotonous activity. Two New Books From FOA - Not Just For Installers - Their Bosses Need To Read Them Too! These books should be on the bookshelves of network owners or managers, facilities managers, supervisors of the installers and anyone else involved with fiber optic networks. FOA has published two new books that provide useful information for those involved in fiber optic projects, and not just for installers. The latest, the FOA Reference Guide To Fiber Optic Network Design, is a comprehensive guide to designing fiber optic networks of any type, from concept to completion. This book looks at design from the initial need for communications through the process of setting the route of the cable plant, choosing components, finding a contractor, planning the installation and documenting the process from beginning to end. While one might think the focus of the design book is on the person actually designing the network, it is also aimed at those for whom the network is being designed - the network owner or manager, facilities manager, supervisors of the installers and anyone else involved in the process. We especially think that everyone who contracts for fiber optic installations should have a copy of this book on their bookshelf as a reference for when they are involved in a project. The second book which we released recently, the Outside Plant Construction Guide, is another book aimed at a wider audience than installers. Certainly it's of interest to installers, being the only book we know about the actual construction process of installing fiber optic cables, but it is also useful to the designer of the network and those who contract for fiber optic cable plant installation, especially if they are involved in getting permits and easements or having to explain to others the process of installation. Both books, like all FOA books, are inexpensive and available in paperback or Kindle formats. FOA has just published a new textbook, the FOA Reference Guide To Fiber Optic Network Design, a complete guide to designing fiber optic networks, OSP and premises, for the contractor, installer, designer, project manager, facilities manager and user. The book covers all aspects of a fiber optic project from the initial need for the network through the construction phase. It includes checklists for designers and project managers, appendices on estimating and standardized project management and guides to case studies. About all that's missing is CAD and GIS which we leave to those involved in the software to provide the details on those. The FOA Reference Guide To Fiber Optic Network Design is now the textbook for the FOA CFOS/D certification courses and a reference for those taking the free online course about Design on Fiber U. The curriculum for the CFOS/D courses has been updated also with new material and an introduction to fiber optic technology to make the course appropriate for a larger audience - not just CFOTs but network owners and managers, facilities managers, planners, estimators, supervisors, etc. The book is available direct from the FOA eStore or Amazon.com where it is also available for Kindle, local booksellers and other distributors. The FOA has published a new textbook on outside plant (OSP) fiber optic construction. The book covers topics which are rare in fiber optic textbooks - practical solutions to designing and installing the fiber optic cable plant in an OSP environment. It is an extremely valuable reference book for all owners, designers, supervisors and installers of fiber optic OSP networks. This textbook is a complete guide to outside plant fiber optic construction, covering the process of installing the fiber optic cable plant starting with the construction work necessary for installation of both aerial and underground cables before the fiber optic techs begin splicing, terminating and testing. It is intended as a companion to the FOA Reference Guide To Outside Plant Fiber Optics and for use in FOA OSP specialist certification classes. It's also an excellent reference book for anyone designing or installing fiber optic networks - even the owners of those networks. This book was created by Joe Botha of Triple Play Fibre Optic Solutions in South Africa as a textbook for classes he teaches on OSP construction. Joe, an FOA Master Instructor, created the course to fill a need for training OSP construction crews and agreed to share this useful book with the FOA and the fiber industry. The FOA Outside Plant Fiber Optics Construction Guide is available from Amazon books for $14.95 in paperback or $7.95 on the Kindle. You can download a free PDF copy of the FOA OSP Fiber Optics Civil Works Guide by Joe Botha here. You can also purchase a printed copy. Here are details. Why Columbus? Columbus has been selected as the winner of the $40 million Smart Cities grant from the U.S. Department of Transportation! In addition, Vulcan Inc. has contributed another $10 million to incorporate electric vehicle infrastructure. Contractors And Installers Take Note - YOU Should Be There Too! How Long Does It Take To Transfer Data Over Fiber? Q: Have there been any studies that show how long it takes for data to travel over a fiber cable where the point of origin is 500 miles away vs. a point of origin that is 5000 miles away? Light in a glass fiber travels at the speed of light (c=299 792 458 meters/s) divided by the index of refraction of the glass (1.4677 @ 1310nm, 1.4682 @ 1550nm). For long distances, 1550nm is used, so the speed of light in the fiber is about 204,190,476 m/s - “about” because of some secondary factors, so let’s say 204,000 km/s. That’s about 4.9 ns/km or 4.90 ms/1000km from point A to point B. 2. Then the speed will depend on the data speed of the network. Obviously a system at 1Gb/s will take ~10 times longer to transmit a packet of data than a system at 10Gb/s and ~100 times longer than a 100G system. This speed also depends on the protocol of transmission which determines the overhead of transmission. Thus a 1000 byte packet has 8,000 bits and will equal about 10,000 bits with overhead. To transmit a 1MB file, it requires 1000 packets and will take ~10Mbits of data, equalling 10milliseconds at 1Gb/s, 1millisecond at 10Gb/s, and 0.01 ms (10microsec) at 100Gb/s. 3. Processing time in transceivers and multiplexers. Data is usually processed in parallel but transmitted in serial. The conversion takes some time. Some transceivers also do some pulse shaping which may take time. Then there are transit times to get parallel data transmitted throught amps, lasers, (then the fiber link) to a detector and amps and demultiplexers on the other side. Q: I’m looking for an inexpensive, but reliable method to quickly and easily identify terminated and unterminated SM and MM fiber, perhaps something similar to a tone and probe used for copper cabling. For example, I found a unterminated coiled fiber cable and would like to use it, but there are several unlabeled, terminated and unterminated fiber cables at the other end. Is there an inexpensive universal tool to simply and easily find the cable/s I’m looking for? A: Your best bet is a visual fault locator (VFL) but you do not need a bare fiber adapter, just a unterminated connector. You will need to strip the fiber and preferably cleave it, but that can be done off the end of the connector. Just scribe the fiber and pull straight away from the connector. That should give a cleave good enough for using a VFL to trace fibers. Q: Can a switch or SFP module specified at 1310nm GBIC connect to another switch or SFP that has is specified at 1300nm GBIC? A: No problem - there is no material difference in 1300nm and 1310nm - it's just jargon. The 1300/1310nm confusion has been part of fiber optics for 30 years. Basically, there is no real difference in the wavelengths except for traditional nomenclature. The nomenclature evolved to this - if you said 1310nm, it was assumed you were talking about lasers, but if you said 1300nm, it was assumed you meant a LED! Q: Is there a standard color code for the jacketing of a hybrid all optical cable, one that has both single mode and multimode optical fibers in it? A: No, it has to be spelled out on the cable. We could use a standard however. We know plenty of people who got SM and MM confused in a hybrid cable. Q: In a fibre system using separate cables for receive and transmit, do the cables need to be the same length. Do the patch leads need to be the same length? A: The answer is “no” within reason. Duplex signals are asynchronous by design so a small difference should not cause problems. For some protocols, very large differences might be a problem, but certainly not the small differences in fibers in a cable or patch cord variations. Even in a long OSP loose tube cable, there are variations in the length of fibers, as much as +/-1%, because the fibers are loose in the cable to prevent stress, so at 100km, the difference could be significant. Networks allow for this. Q: Can I splice OS2 pigtails to OS1 fiber? There is no problem mixing them in a system because other than the reduction of the water peaks, the fibers are the same and can be joined with no excess loss. Q: How do I test an inline attenuator (receptacle on one end and connector on the other)? First measure the output of the source with a cable as the “0dB” reference. Use at least a 2m cable and put a 50mm loop in the cable. Remember you need SC/APC connectors on the cables mating to the attenuator. Attach the receptacle end of the attenuator to the cable, then use a mating adapter to attach a second cable to the attenuator. Attach the meter to the end of the second cable to measure the loss. Be sure to put the loop into the cable attached to the source. Be sure your two cables are low loss and everything is very clean. Q: I inherited some old fiber to characterize. How do I set the IOR in the OTDR? A: The index of refraction is the spec the OTDR uses to calculate length. If you refer to the data sheets of fiber manufacturers like Corning (https://www.corning.com/media/worldwide/coc/documents/PI1463_07-14_English.pdf) and Prysmian (http://www.prysmiangroup.com/en/business_markets/markets/fibre/downloads/datasheets/SMF---Enhanced-Single-Mode-Optical-Fiber-ESMF.pdf) you will find that G.652 fiber has similar index of refraction among most manufacturers - 1.467 @1310nm, 1.468 at 1550/1625nm. If you do not know what the index of refraction is, using those is probably a very good estimate. Remember the measured length of fiber will be ~1% longer than the cable and you may have ~1% uncertainty in the instrument measuring length. Q: If a connector is designed for heat cure epoxy adhesive, can I substitute anaerobic adhesive? A: Any ceramic ferrule connector can be used with either heat-cure epoxy or anaerobic adhesives. Q: I have been given a job that will require me to cut an existing 6 count cable in two and splice in a new piece. My problem is that this cable was installed in 1987. From what I have been told there is a good possibility that this cable does not follow present day color codes. Rumor has it that this cable has 3 pairs of Red/White fibers. I was wondering if those pairs are separated by a string or what? Otherwise I will be guessing as to what fiber I am working on. Any information you have on this old fiber type would be greatly appreciated. A: Color coding for optical cables is unpredictable except for the 1-12 color codes adopted from electrical standards. 1. If the renter buys an Ethernet switch, can this switch be directly pugged onto POL’s fiber terminals? 2. Or this L2 should be plugged onto ONT of POL? A: If I understand the question correctly, you are asking if you can connect a L2 switch with an Ethernet port directly to a OLT. If the OLT uses GPON and does not have Ethernet ports, the answer should be no, GPON and Ethernet are not compatible so the Ethernet switches should be connected to the Ethernet ports on the ONT. Q: I need a source for estimating the cost of fiber optic cable installations. Direct buried, in PVC pipe, Jetting into existing pipe, etc. If you are looking for a consultant to do the estimates, I suggest contacting a local contractor, distributor or consultant who can do estimates. Q: We will be pulling inside of an underground 2" plastic conduit a 144 Strand OSP corrugated armored (coated steel tape) fiber cable Corning 144EUC-T4101D20. The client is asking what we are going to pull along with the fiber to allow - if it is needed in the future- to locate the fiber. Does an additional cable (like tracer wire) need to be pulled if the fiber has already the coated steel tape ? A: It is very unusual to pull armored cable in conduit - that’s usually a direct-buried cable laid into trenches or plowed in. The heavy weight will make for a lot of friction and may create problems pulling the cable. The armor on the cable should be suitable for later cable location. It’s conductive and would be detectable with many locators. CI&M magazine has posted an interesting video about how Time Warner Cable installs underground fiber optic cable by directional boring. It's a good look at how directional boring works. Watch it here on CI&M's website. CI&M Editor also does a good review of alternative cable installation methods in an article on the magazine website. Read it here. A new 3M drop cable for FTTH has a 90 micron buffered fiber inside to allow more rugged terminations directly on the fiber. It's part of the "ClearTrack System" for easier FTTH installs. The FOA now has approved programs in place at 200+ organizations, welcoming new additions like the Joint Apprenticeship and Training Committee of the International Brotherhood of Electrical Workers, Corning Cable Systems and AFL and NASA's Goldstone Tracking Station. The complete list of FOA-Approved schools is at http://www.thefoa.org/foa_aprv.htm.

2019-04-24T23:59:17Z

http://thefoa.org/foanl-9-16.html

The box jellyfish, Chironex fleckeri, is the largest and most dangerous cubozoan jellyfish to humans. It produces potent and rapid-acting venom and its sting causes severe localized and systemic effects that are potentially life-threatening. In this study, a combined transcriptomic and proteomic approach was used to identify C. fleckeri proteins that elicit toxic effects in envenoming. More than 40,000,000 Illumina reads were used to de novo assemble ∼ 34,000 contiguous cDNA sequences and ∼ 20,000 proteins were predicted based on homology searches, protein motifs, gene ontology and biological pathway mapping. More than 170 potential toxin proteins were identified from the transcriptome on the basis of homology to known toxins in publicly available sequence databases. MS/MS analysis of C. fleckeri venom identified over 250 proteins, including a subset of the toxins predicted from analysis of the transcriptome. Potential toxins identified using MS/MS included metalloproteinases, an alpha-macroglobulin domain containing protein, two CRISP proteins and a turripeptide-like protease inhibitor. Nine novel examples of a taxonomically restricted family of potent cnidarian pore-forming toxins were also identified. Members of this toxin family are potently haemolytic and cause pain, inflammation, dermonecrosis, cardiovascular collapse and death in experimental animals, suggesting that these toxins are responsible for many of the symptoms of C. fleckeri envenomation. This study provides the first overview of a box jellyfish transcriptome which, coupled with venom proteomics data, enhances our current understanding of box jellyfish venom composition and the molecular structure and function of cnidarian toxins. The generated data represent a useful resource to guide future comparative studies, novel protein/peptide discovery and the development of more effective treatments for jellyfish stings in humans. (Length: 300). Box jellyfish (Class Cubozoa) produce venoms that are designed to swiftly incapacitate prey and deter predators, but they also cause adverse effects in envenomed humans. Cubozoan venoms are stored within complex intracellular structures (nematocysts) that are housed within specialized cells (nematocytes) located mainly in the tentacles of the jellyfish. When triggered to discharge, each nematocyst explosively releases a harpoon-like tubule that injects a toxic cocktail of venom components into the victim or prey. Chironex fleckeri is the largest and most venomous box jellyfish species. It inhabits the tropical coastal waters of Australia and is renowned for its ability to inflict extremely painful and potentially life threatening stings to humans. Symptoms of C. fleckeri envenoming can include the rapid onset of severe cutaneous pain and inflammation, dermonecrosis, dyspnoea, transient hypertension, hypotension, cardiovascular collapse and cardiac arrest (reviewed in ). Due to its clinical importance, C. fleckeri has remained one of the most intensively researched box jellyfish species. Over five decades of research on whole or fractionated C. fleckeri tentacle extracts and nematocyst-derived venom has established that C. fleckeri toxins elicit a diverse range of bioactivities including nociception, in vitro cytotoxicity in cultured myocytes (cardiac, skeletal and smooth muscle) and hepatocytes, haemolytic activity and pore formation in mammalian cell membranes, neurotoxicity and myotoxicity in nerve and muscle preparations, and in vivo dermonecrotic, cardiovascular and lethal effects in a variety of experimental animals [1-5]. In recent studies, the potent in vitro haemolytic and in vivo cardiovascular activities of C. fleckeri venom have been attributed primarily to the action of a subset of C. fleckeri toxins (CfTXs) that are members of a taxonomically restricted family of cnidarian pore-forming toxins [2,5]. A single proteomics study of C. fleckeri venom revealed that several isoforms of the CfTXs are highly abundant in the venom proteome , but due to the lack of genomic and transcriptomic data for cubozoans, few other potential toxins were identified . However, the diversity of biological activities associated with C. fleckeri venom and the complexity of its venom composition, suggest that other biologically important venom components are yet to be identified. These novel cubozoan venoms could represent a source of potentially useful bioactive compounds for the development of novel therapeutics. Advances in computational techniques for the assembly and annotation of sequence data have enabled the rapid characterization of biologically important protein mixtures from a range of organisms [7,8]. In this work we utilized Illumina sequencing in concert with tandem mass spectroscopy (MS/MS) to conduct a large-scale exploration of the transcriptome and venom proteome of C. fleckeri. The newly obtained transcriptomic data facilitated the detection of several new CfTX isoforms and other putative toxin families, including metalloproteinases, that have not been previously identified in cubozoan venoms. This study not only provides extensive information on the molecular diversity of toxins in C. fleckeri venom, but also provides the first overview of a box jellyfish transcriptome; thus representing a valuable resource for future comparative genomic, transcriptomic and proteomic studies or novel protein/peptide discovery. Total RNA, purified from whole C. fleckeri tentacle tissue, was used to generate 43,150,858 paired reads using the Illumina platform. These reads were then de novo assembled, using Oases , into 34,438 transcripts that are summarized in Table 1. Approximately 56% (13,052,970) of the raw reads could be mapped back to the final assembly with a mean depth of coverage of 338.47 ± 6069.16 reads per sequence, although a proportion of assembled transcripts exhibited low read support (Figure 1A). Due to the limited number of cubozoan sequences available in protein databases, transcripts were searched against four databases using blastx — SwissProt, Cnidaria protein sequences from the GenBank non-redundant protein database and predicted protein sets from the Hydra magnipapillata and Nematostella vectensis genome projects. Approximately 40% of the sequences returned a high-scoring (e-value < = 10e-5) match to at least one of the databases (Table 1) and final annotations were assigned based on the match possessing the best bit score. A comparison of bit scores obtained from searches against protein databases from the model cnidarian organisms H. magnipapillata and N. vectensis suggested that, in general, C. fleckeri protein products were more similar to the former than the latter (Additional file 1: Figure S1). ESTScan, using a matrix constructed from annotated cnidarian sequences from the EMBL and GenBank databases, was used to identify 20,548 transcripts containing 20,562 predicted protein sequences that were used in MS/MS experiments. Of the remaining 13,890 transcripts not found to contain an open reading frame, only 1,587 had high scoring BLAST hits to proteins in one of the five databases used. Summary of C. fleckeri assembly. A. The coverage of assembled transcripts after mapping of raw sequences back to the assembly using RSEM; B. The transcript length distribution; C. The distribution of the ratio of BLAST query length to BLAST hit length for transcripts when searched against a H. magnipapillata EST database using blastn. The EST database was obtained from Metazome (http://www.metazome.net/) and generated as part of the H. magnipapillata genome project; and D. Distribution of BLAST query length to hit length ratios for C. fleckeri predicted proteins searched against the SwissProt database using blastp. The average length of assembled transcripts was 1056 ± 1359 bases (Figure 1B) with an N50 of 2123. To evaluate whether full-length sequences were present in the assembly, the length of transcripts with significant BLAST hits (e < = 10e-5) were compared to the length of their top BLAST hit. At the transcript level, sequences were compared to H. magnipapillata EST sequences using blastn and 63% of assembled transcripts were at least 80% the length of the BLAST hit (Figure 1C). At the protein level, the predicted protein set were compared to the SwissProt database using blastp and 54% of the proteins were at least 80% the length of the top hit (Figure 1D). Similarly, to estimate to what extent the actual transcriptome of C. fleckeri was covered by the assembled transcriptome, CEGMA was used to identify core eukaryotic proteins. Approximately, 77% of the core CEGMA protein set was represented by full length transcripts (defined as > 90% cover) and 80% by partial transcripts (<= 90%) (Table 1). Predicted functions for proteins encoded by the assembled transcripts were assigned using InterProScan and are summarized in Table 1, Additional files 2 and 3. Using SignalP and TMHMM , approximately 2% (930) of the ESTScan predicted proteins contained signal sequences and 1,332 were predicted to contain two or more transmembrane domains. To identify potential C. fleckeri toxins, assembled transcripts were compared to the UniProt animal toxin database using blastx. Four hundred and fifty-five transcripts (1%) provided high-scoring BLAST hits (bit score > 50). These potential toxins were further filtered: (1) those possessing a higher scoring BLAST hit (bit score) to a protein from a non-toxin protein family from the GenBank cnidarian database search (described above) were removed; and (2) proteins containing two or more transmembrane helices, as predicted by TMHMM, were removed. After filtering, 179 transcripts remained as putative C. fleckeri venom proteins (Additional file 4: Table S2), representing 10 venom protein families (Figures 2 and 3). Metalloproteinases, major constituents of spider venoms , were the most highly represented grouping with 45 different isoforms identified. Representatives of other toxin families included various proteases and protease inhibitors, lectins, lipases, CRISP venom proteins and two families of snake venom proteins — an alpha-macroglobulin-containing protein family with homologies to human complement protein C3 and toxins with homologies to human coagulation Factors X and V [16,17]. One hundred and eleven transcripts provided high-scoring BLAST matches to two other venom protein families; spider venom latrotoxins and snake venom calglandulins. However, in both cases these transcripts also provided high-scoring matches to non-venom proteins in GenBank, contained domains that were not specific to toxin proteins and did not contain a signal sequence; all of which suggest a role distinct from envenomation. Potential toxin encoding transcripts identified in the transcriptome of C. fleckeri. A. The ten most abundant (by FPKM) transcripts encoding potential toxin proteins; B. Number of different transcripts in the assembly encoding potential toxin proteins from the ten toxin families identified in the transcriptome. In both A. and B. potential toxins were identified after screening against the SwissProt animal toxin database. Domain structure of C. fleckeri transcripts encoding potential toxin proteins. Using InterProScan, the domain structure of potential C. fleckeri toxins were compared to their respective top scoring BLAST hit from the SwissProt animal toxin database. In three cases the domain structure of potential toxins was the same as those identified from the database but in the other cases different domain structures suggest functional divergence. InterProScan was used to compare the domain structure of putative C. fleckeri venom proteins to representative examples identified during BLAST searches. Putative venom proteins from the alpha-2-macroglobulin, CRISP and lysosomal acid lipases families exhibited the same domain structure as found in characterized venom proteins (Figure 3). Metalloproteinases, and the two examples of coagulation factor-like proteins, exhibited different domain structures. For example, a C. fleckeri coagulation factor V homolog contained a C-terminal coagulation factor 5/8 domain at the N-terminus of the protein with four fibronectin domains whereas the snake venom toxin contained six cupredoxin domains followed by the C-terminal coagulation 5/8 domain (Figure 3). Abundance of putative toxin proteins was assessed using the FPKM and a peroxiredoxin isoform (75536) and an astacin-like metalloproteinase isoform (71187) were the two most abundant toxin transcripts. Also abundant were other astacin-like metalloproteinases, three alpha-macroglobulin-containing snake venom proteins and four snake venom factors (Figure 2B). Molecular studies of jellyfish venom have gradually revealed the existence of a novel, cnidarian toxin family [18-23]. In C. fleckeri characterized members of this family include CfTX-1, −2, −A and -B, all of which are abundantly present in the venom of C. fleckeri . In this work, 15 CfTX isoforms were identified, including CfTX-A, −B, −1 and −2. Three novel CfTX proteins were identified as full length transcripts, a protein with homologies to TX-1 from the scyphozoan jellyfish Aurelia aurita (id 32640), a protein similar to CfTX-A (id 37616) and a truncated protein similar to CfTX-2 (id 32230). Partial sequences for nine other toxin proteins were identified in the assembly, including two CfTX-1-like toxins, five CfTX-2-like toxins and two toxins similar to CqTX-A from the box jellyfish Chironex yamaguchii (Table 1 and Suppl. Data 2). A truncated form of CfTX-B has been reported, CfTX-Bt , and although this transcript was not identified in the assembly a similarly truncated form of CfTX-1 was identified (10226). The latter contained a signal sequence and a domain similar to the N-terminal domain of CfTX-1. To confirm which putative toxin proteins were present in C. fleckeri venom, MS/MS was used to identify proteins from nematocyst-derived protein preparations. Total protein from two nematocyst preparations, each containing morphologically distinct classes of nematocyst, were analyzed using MS/MS; (1) a preparation containing predominantly mastigophores, nematocysts believed to hold the lethal venom components ; and (2) a preparation enriched in isorhizas, thought to have a non-penetrative role in entangling prey , and trirhopaloids, penetrative nematocysts with an undetermined role in envenomation. Nematocyst preparations were fractionated using SDS-PAGE and proteins identified using MS/MS and searches against the predicted protein set from the transcriptome (Figure 4). In addition, existing MS/MS data sets, generated during our previous studies of C. fleckeri venom , were reanalyzed using the new transcriptomic data. These data sets included duplicate in-gel digests of SDS-PAGE-fractionated venom proteins from total nematocyst preparations and duplicate peptide OFFGEL™ electrophoresis experiments of the same samples (Figure 5A). Light microscopy of nematocysts used in proteomic analysis and SDS-PAGE gels of venom proteins. Two nematocyst preparations were analyzed; a preparation containing predominantly mastigophores (right) and a preparation enriched in isorhizas and trirhopaloids (left). Different morphological types are indicated (magnification 200x). Extracts of the nematocyst preparations were fractionated using SDS-PAGE (bottom) and proteins identified using tandem mass spectrometry. Forty-one gel slices were excised from each lane, as indicated by the aligned metal grid (right). Selected gel slices corresponding to major protein bands are indicated on the gel. Where a protein band was divided between two gel slices, an asterisk denotes the gel slice containing the majority of that protein. MS/MS analysis of C. fleckeri venom. A. Venn diagram showing the numbers of potential toxin proteins identified in each MS/MS experiment. Abbreviations used, Mast. — nematocyst sample containing predominantly mastigophores; Iso. — nematocyst sample containing predominantly isorhizas and trirhopaloids; Total (IG) — total nematocyst sample fractionated using SDS-PAGE; and Total (OG) — total nematocyst sample fractionated using peptide OFFGEL electrophoresis; B. Venn diagram showing overlap in significant peptide identifications in three additional databases searches using MS/MS data. The databases depicted are 1.) Oases — predicted protein dataset from Oases assembly; 2.) Trinity — predicted dataset Trinity assembly; 3.) Cnidaria — all cnidarian proteins from the GenBank non-redundant protein database; and 4.) SwissProt — the Uniprot SwissProt database; C. Proteins identified in the venom using MS/MS that had been previously identified as potential toxins during the analysis of the transcriptome; D. GO terms associated with proteins identified in the venom of C. fleckeri using MS/MS. More than 507,945 spectra from in-gel digests and OFFGEL™ experiments were used in X! Tandem searches of the predicted proteins. Across all experiments, 263 proteins were identified and these were categorized into eight functional groupings (Additional file 5: Table S3). Proteins identified included 26 of the putative toxins identified in transcriptomic analysis (Additional file 5: Table S3). In addition to toxins, structural proteins were highly represented (57 proteins) as well as 84 proteins from diverse functional families that were grouped into the ’Miscellaneous’ category. Twenty-three uncharacterized proteins were identified, ten of which were identified by five or more unique peptides and/or were identified in at least two of the four experiments (Additional file 5: Table S3). The relatively high spectral counts and reproducible identification of these proteins suggests that they are jellyfish-specific proteins and thus are potential novel constituents, toxin or otherwise, of the venom proteome. To increase the completeness of the proteomic analysis and to account for deficiencies in the Oasis assembly, we conducted X! Tandem searches against three other protein databases; (1) ESTScan predictions from a transcriptome assembled from the same reads using Trinity ; (2) all Cnidaria proteins from the GenBank non-redundant protein database; and (3) the complete SwissProt database. Figure 5B shows the global comparison of peptide identifications from the four databases. Each database search added a set of unique protein identifications and, using sequence based comparisons (blastp evalue < = 0.00005 and hsp percent identity > =90%) 168 additional proteins were added to the proteome; 25 from Trinity ORFs, 31 from the Cnidaria protein database and 112 from the SwissProt database, most of which were common contaminants of proteomic experiments (Figure 5B); Additional file 6: Table S4). Apart from one identification of CfTX-1, corresponding to the full length sequence of the partial sequence assembled using Oases, no additional toxin proteins were identified. ‘Molecular Function’ and ‘Biological Process’ GO terms highly represented among the identified proteins included, “oxidation-reduction”, “protein binding”, “proteolysis” and “ATP binding” (Figure 5D). Based on SignalP and TMHMM analysis, 46 proteins were inferred to contain a classical secretory signal peptide, with the ‘Toxins’ and ‘Uncharacterized’ functional groupings containing the greatest proportion of secreted proteins (36% and 39% respectively). Only eight proteins were predicted to contain more than two trans-membrane domains. Cellular location was further analyzed using PSort ; approximately 43% of the identified proteins were predicted to be cytoplasmic and 19% extracellular in origin, with the remainder originating from the mitochondria, cytoskeleton, nucleus and endoplasmic reticulum. The ‘Toxins’ functional grouping had the highest proportion of extracellular proteins (54%) (Additional file 5: Table S3). Twenty-six putative toxin proteins were identified in the venom of C. fleckeri using MS/MS (Figure 5C) and all had been previously identified as putative toxins during analysis of the transcriptome. The majority of these toxins were members of the CfTX toxin family with 13 of the 15 isoforms identified in the transcriptome also identified using MS/MS. Five CfTX proteins (CfTX-1, −2, −A, −B and -Bt) have been previously characterized and all but one, CfTX-Bt, were identified here. CfTX-Bt, which has high sequence homology to CfTX-B but is distinguished by C-terminal truncation was not identified, most likely due to its homology to CfTX-B, which was identified. Of the nine uncharacterized CfTX proteins identified in the MS/MS data, seven showed greatest homology (i.e. highest BLAST score) to the characterized C. fleckeri toxin proteins and two showed the greatest similarity to characterized toxins of the same family; CaTX-A from the cubozoan Chironex yamaguchii and TX-1 from the scyphozoan A. aurita. The 13 other putative toxins identified included seven proteases, four of which were metalloproteinases, an alpha-macroglobulin domain containing protein, two peroxiredoxin toxins, two CRISP proteins and a turripeptide-like protease inhibitor (Figure 5C). Although not annotated as toxins, a further 12 proteases, including carboxypeptidases, endothelin-converting enzymes and two collagenases were identified (Additional file 5: Table S3). In total four different nematocyst preparations were analyzed, and toxins were reproducibly identified with 79% of the toxins detected in at least two of the five experiments (Figure 5A). The toxin content of the two different nematocyst preparations was similar with 15 toxin proteins identified in the mastigophore preparation and 20 in the isorhiza and trirhopaloid nematocysts. The venom proteome of three other cnidarians were recently characterized: the anthozoan sea anenome Anemonia viridis, the schyphozoan jellyfish Aurelia aurita and the hydrozoan Hydra magnipapillata . To place the cnidarian venom proteome described here in this context we compared the venom proteome of all four species. Using blastp, proteins from these organisms with significant (e-value < 10e−5) homology to C. fleckeri venom proteins were identified and functionally categorized. C. fleckeri proteins most commonly found in the venom proteome of the other cnidarians were predominantly structural or were classed as miscellaneous (Figure 6A). Overall, A. aurita had the most shared proteins, followed by H. magnipapillata and A. viridis (Figure 6A). To compare the toxin repertoire of the four cnidarians the same analysis was conducted for putative toxins identified in the C. fleckeri proteome. Both H. magnipapillata and A. aurita possessed similar classes of putative toxins as identified in C. fleckeri. This included CfTX-like proteins that were well represented in all three organisms (Figure 6B). Conversely, few toxin proteins were identified in both A. viridis and C. fleckeri and no CfTX-like proteins were identified in the former (Figure 6B). As previously reported for H. magnipapillata, A. aurita and A. viridis , very few proteins (13) were identified in all four species (Figure 6C). A phylogenetic tree of CfTX and CfTX-like proteins showed three main groupings of the toxin proteins, represented by CfTX-A and -B, CfTX-1 and −2, and a third group represented predominantly by toxins from Hydra species (Figure 7). Comparison of cnidarian venom proteomes. A. Proteins from the C. fleckeri proteome with corresponding proteins in H. magnipapillata, A. aurita and A. viridis by functional category; B. Potential toxins from C. fleckeri with corresponding proteins in the same species; C. Venn diagram depicting the overlap in proteins identified in the proteomes of four cnidarian species. Phylogenetic tree of characterized CfTX toxin proteins. Phylogenetic tree depicting the grouping of CfTX-like proteins in cnidaria. Proteins names and accessions are shown. Proteins identified in this study are depicted with an asterisk and those from with a double asterisk. The tree was produced using MUSCLE and PhyML for tree building and the aLRT statistical test was used for branch support. The primary aim of this study was to identify protein toxins responsible for the severe effects of C. fleckeri stings in humans. It has been previously noted that the great diversity in animal toxin function has evolved from a limited number of protein families , thus we used sequence homology to known animal toxins, from the UniProt animal toxin database, as a strategy for the identification of potential toxins from the transcriptome of C. fleckeri. We then confirmed the existence of a subset of these proteins in the venom proteome using MS/MS. In the absence of a reference genome, we generated a de novo assembly using a methodology designed to maximize reference coverage while minimizing redundancy and chimera rate . CEGMA analysis suggested a reasonable coverage of the transcriptome was achieved using this approach, although a proportion of sequences (37% of transcripts and 46% of predicted proteins) (Figure 1C and D) did not represent at least 80% of their highest scoring blast hit, suggesting that further sequencing is required to fully characterize the transcriptome. Despite this caveat, the final assembly provided a sufficient quantity of full- and partial-length transcripts for the identification of major toxin families present in the transcriptome and for the generation of a set of predicted proteins suitable for use in proteomics searches. These searches revealed the presence of proteins with homology to at least ten known toxin families including metalloproteinases, protease inhibitors, alpha-macroglobulins and CfTX proteins. Although screening for known toxin families will not reveal the presence of novel jellyfish-specific toxins, identification of metalloproteinases, CfTX proteins and protease inhibitors in the proteomic analysis suggests that some of the protein toxin families present in C. fleckeri venom have been identified using this strategy. The de novo assembly of short read Illumina data is still a challenge. In this work, 44% of the short reads did not map back to the assembly and, despite a mean coverage of 332 reads per transcript, a subset of transcripts had poor read support (Figure 1B), suggesting that that a complete description of the assembly has not been achieved. This not only reflects the inherent challenges in the de novo assembly of transcriptomes from short reads, including variations in transcript expression, sequence biases from next generation sequencing, alternative splicing and overlapping genes, but also the quality control strategies employed during assembly, including the methodology adopted from and the clustering of transcripts after assembly. To identify and remedy potential gaps in our assembly we conducted proteomic searches against multiple protein databases, and these searches provided 168 additional protein identifications over the searches against the Oases assembly alone. These included nematocyst proteins, such as nematogalectins, dickkopf-related proteins and endothelin-converting enzymes (Additional file 6: Table S4), previously shown to be abundant in venom preparations , suggesting that this approach provided better proteome coverage than would have been achieved using the Oases assembly alone. Our comparison of the C. fleckeri venom proteome with those of H. magnipapillata and A. aurita shows that they have a functionally similar toxin repertoire, dominated by cytolysins and proteases. This is in contrast to the venom of the anthozoan A. viridis, which is rich in low molecular weight neurotoxins that are not typically found in medusozoans . The proteomic characterization the venom of another scyphozoan, Stomolophus meleagris , was broadly similar to the three medusozoans compared in this study. In this organism serine proteases and phospholipases were the most abundant classes of toxins followed by proteins containing a ShK toxin domain and a number of other haemolysins. Although we did not identify any phospholipases or ShK-domain containing proteins in the proteome of C. fleckeri, several types of both proteins were identified in its transcriptome. In both organisms metalloproteinases, lectins and serine protease inhibitors where identified in the venom proteome and are potential toxin proteins. In C. fleckeri, the CfTX proteins have undergone an expansion with fifteen examples identified in the transcriptome and thirteen in the venom proteome. Members of this toxin family are potently haemolytic and cause pain, inflammation, dermonecrosis, cardiovascular collapse and death in experimental animals [2,5,18-21,23], suggesting that these toxins are responsible for many of the symptoms of box jellyfish envenomation. While these toxins are highly abundant in cubozoan venoms [19-22], their distribution among other medusozoans appears to be less uniform. For example, CfTX-like toxins have been identified in the venoms of A. aurita, C. capillata and H. magnipapillata [27,31] but not in the venoms of S. meleagris or the hydrozoan Olindias sambaquiensis . Their abundance in C. fleckeri, and related cubozoans [19-22] and the relatively few reports from Class Scyphozoa could explain why cubozoan stings are generally more severe than those of scyphozoan species. Alternatively, phylogenetic analysis of the CfTXs shows that the toxins fall into two main groups: a clade of mainly hydrozoan toxins and a clade of predominantly cubozoan toxins that branches into two smaller subclades (Figure 7). Examples from the scyphozoan A. aurita are present in the Hydra clade and one of the Cubozoa subclades. This pattern suggests that the toxins have undergone functional and structural diversification during evolution that could be associated with differences in the toxicity of various jellyfish species . Identifying potential toxins from sequence homology is complicated by the evolutionary history of some toxins that evolved from proteins with roles unrelated to envenoming. This is particularly acute when, as in this study, RNA from the entire tentacle is used to generate an assembly that includes transcripts from tissue not specifically involved in envenomation. Even proteins identified in the venom proteome could be involved in biological processes unrelated to envenomation. For example, in Hydractinia echinata, on the basis of phylogenetic and in situ hybridization experiments, astacin metalloproteinases have been implicated in development , although a function in digestion has also been proposed . Similarly, it has been proposed that peroxiredoxins in snake venom eliminate peroxides generated during metabolism and thus maintain redox homeostasis . Therefore the two peroxiredoxins identified in C. fleckeri could play a similar role, as is the case in the scyphozoan jellyfish Cyanea capillata . Conversely, proteins not designated as potential toxins at the transcript level, were identified in the proteome and could be toxins. This included thirteen additional proteases and a number of uncharacterized proteins with very high spectral support (Additional file 5: Table S3). As members of the venom proteome, all of these proteins are presumably transferred during a sting and could thus contribute to the symptoms of envenoming. However, an exact determination of their biological role in inducing the symptoms of envenomation now awaits further experimental validation. Mastigophores are thought to contain the lethal protein components of C. fleckeri venom , while isorhizas are considered non-penetrative with adhesive or entanglement functions and could thus possess a different toxin profile. In this work, however, there was little difference in the toxin content of the two nematocyst preparations. This heterogeneity could be a result of incomplete segregation of the different nematocyst classes during sample preparation (see Figure 4 for example), that the penetrative trirhopaloid nematocysts contain similar toxins as the mastigophores or that the toxin proteins are present in all forms of nematocysts, regardless of penetrative ability. A more stringent approach, for example a quantitative proteomics study, would be required to accurately determine the type and relative abundance of toxins that are present in each nematocyst class. Other protein classes highly represented in the proteome of C. fleckeri included structural, ribosomal and oxido-reductive proteins as well as proteins of diverse function that were grouped into a ‘miscellaneous’ category. The identification of structural proteins may reflect the way that the venom was purified from the intact nematocysts. DTT, a strong reducing agent, was used to partially disintegrate the nematocyst capsule and cause venom release, so it is likely that a proportion of capsular components and other structural proteins were also solubilized during this process. On the other hand, the identification of ribosomal, oxido-reductive and the ‘miscellaneous’ proteins are likely a result of the manner in which nematocysts are formed. A nematocyst is formed within a large post-Golgi vesicle and some proteins are likely to be incorporated into the venom as a consequence of their presence during nematocyst formation. The relative abundance of these proteins, along with the structural proteins that are liberated from the nematocyst capsule during venom extraction, can mask the presence of lower abundance proteins that may be active at nanomolar concentrations (for example some snake venom serine proteases ). Hence, it is possible that low-abundance toxins, that could contribute to the symptoms of envenoming were not identified in the MS/MS experiments. This is supported by single peptide identifications (not reported here), which included known nematocyst proteins and potential toxins such as nematoblast-specific protein nb035-sv3 and lectoxin. These single peptide identifications suggest that the reliable identification of lower abundance proteins will expand the catalogue of known C. fleckeri toxins. Experiments are currently underway to identify these low-abundance toxins by improving methods of venom purification to decrease the proportion of structural proteins in the purified venom and by improving the fractionation of toxins before tandem MS/MS. C. fleckeri produces one of the most potent venoms known to man but its protein composition is poorly understood compared to those of other well characterized animals, such as snakes, scorpions and spiders. This work presents the first transcriptome from a cubozoan jellyfish from which the venom proteome has been refined. This work provides the basis for a range of studies aimed at 1.) improving medical responses to envenoming; 2.) exploring the potential of these toxins as a source of novel bioactive compounds; and 3.) conducting comparative proteomic and transcriptomic studies of other cubozoan jellyfish of medical importance, such as the Irukandji. Jellyfish were captured at Balgal Beach and Weipa (Queensland, Australia) by the Queensland Surf Life Saving Association and Christopher Mooney (James Cook University). No specific permits were required for the described field studies. No specific permissions were required as the animals collected are not protected and were collected from marine environments that are not protected or privately owned. C. fleckeri is not an endangered or protected species. Tentacles were excised and immediately preserved in RNAlater (Life Technologies). Total RNA was isolated from the C. fleckeri tentacles of a single specimen using a handheld rotor-stator homogenizer (QIAgen) and TRIzol (Life Technologies), according to the manufacturer’s instructions. The RNA was DNAse-treated, purified using a Nucleospin RNA II kit (Macherey-Nagel) and eluted in nuclease-free water. RNA purity, concentration and integrity were evaluated using a NanoDrop 2000 UV–vis spectrophotometer and an Agilent 2100 Bioanalyzer with a RNA 6000 Pico kit. Purified RNA (5 μg; RIN 9.1) was submitted to the Ramaciotti Centre for Genomics (Sydney, Australia) for RNA-seq library construction and 100 bp paired-end sequencing on an Illumina HiSeq2000 sequencer. RNA sequence data have been submitted to the Sequence Read Archive (National Center for Biotechnology Information, U.S. National Library of Medicine, Bethesda, MD) under accession number PRJNA276493. Adapter sequences and low quality (Phred score < 32) bases were clipped from 100 bp paired-end sequences using Trimmomatic and reads less than 75 bases were discarded. Initial quality assessment was performed using FastQC (http://www.bioinformatics.babraham.ac.uk/projects/fastqc/). To ensure a high quality assembly and to reduce the number of chimeric contigs, multiple assemblies using different k-mer values were generated as described . Briefly, reads remaining after quality control were used to construct de Bruijn-graphs with k-mer values of 21, 31, 41, 51 and 61 using Oases v.0.2.09 . Transcripts less than 0.3 in length of the longest transcripts in the same locus were then filtered and transcripts from k = 21, 31, 41, 51 were accepted if there was either 1 or 3 transcripts per locus. No limit was applied for transcripts per locus at k = 61. Redundancy was removed from the final collection of transcripts using CD-EST with the sequence identity cut-off set to 0.98 (−c 0.98 -n 10 -r 1). For a comparison to the Oases assembly another assembly was generated using Trinity . This assembly used the same raw reads as the Oases assembly and was constructed using the default parameters. To obtain relative abundance estimates the program RSEM was used with the non-redundant sequences. Using RSEM, raw reads were mapped to a reference database generated from the assembled transcripts and maximum likelihood abundance estimates were obtained using the Expectation-Maximization algorithm as a statistical model. Final abundance estimates were calculated as Fragments Per Kilobase of exon per Million fragments mapped (FPKM). Oases assembled transcripts were then compared (using tBLASTx and BLASTx; e-value threshold of < 10e-5) to sequences available in public databases. Sequences were compared to (1) Swiss-Prot (as of the 1st of Oct. 2013), (2) Cnidaria protein sequences from the GenBank non-redundant protein database; (3) and the complete genomes and transcriptomic data sets of Hydra magnipapillata and Nematostella vectensis from Metazome (http://www.metazome.net/). The bit scores from the highest scoring match from each database were then compared and a final annotation assigned based on the match with the highest bit score. Transcripts encoding potential toxin proteins were identified using BLASTx against the UniProt animal toxin database (http://www.uniprot.org/program/Toxins) and those with a high-scoring match (bit score > 50) that did not have a better scoring match from the GenBank cnidarian protein database to a non-toxin protein family were designated as a potential toxin. For protein sequence prediction, the program ESTScan was used to distinguish coding from non-coding sequence. ESTScan uses Hidden Markov Models to detect hexanucleotide biases in coding sequence, so prior to analysis, established methods were used to construct a scoring matrix from 26,484 annotated Cnidarian mRNA sequences from the RefSeq (http://www.ncbi.nlm.nih.gov/refseq/) and EBI (http://www.ebi.ac.uk/ena/) databases . Sequences not providing a predicted coding sequence using ESTScan but which provided a BLAST hit with an e-value less than 10e-5 were translated in the appropriate reading frame and added to the predicted protein set. The final set of protein sequences were analyzed with InterProScan using the default search parameters. Based on their homology to conserved domains and protein families, proteins were assigned parental (i.e., level 2) gene ontology (GO) terms (i.e., ‘biological process’, ‘cellular component’ and ‘molecular function’) (http://www.geneontology.org/) . Inferred proteins with homologues in other organisms were mapped to conserved biological pathways utilizing the Kyoto Encyclopedia of Genes and Genomes (KEGG) Orthology-Based Annotation System v.2 (= KOBAS2) . Signal peptides were predicted using the program SignalP 4.0 , employing the neural network and hidden Markov models and transmembrane domains were inferred using the program TMHMM (http://www.cbs.dtu.dk/services/TMHMM/). Nematocysts were isolated from excised tentacles as previously described , except the nematocysts were not lyophilised. Nematocysts were purified from tentacle debris by centrifugation (300 x g, 1 h, 4°C) in a discontinuous gradient of Percoll (Sigma) comprising three layers of 100%, 90% and 30% Percoll, with 35 g/L NaCl as the diluent. Nematocysts were recovered from the 30-90% boundary, washed repeatedly in 35 g/L NaCl and resuspended in 35 g/L NaCl. The integrity of the undischarged nematocysts was verified using an Axioskop2 mot plus light microscope (Zeiss). A subsample of nematocysts was allowed to settle (2-3 h, 4°C). The supernatant containing lower density nematocysts was transferred to another tube and re-examined microscopically. Venom was prepared from Percoll-cleaned nematocysts as previously described . Briefly, nematocysts were washed in low salt buffer, resuspended 1:6 (wet w/v) in reducing SDS-sample buffer containing diothiothreitol (DTT) and incubated at room temperature until ≥90% nematocyst discharge was observed microscopically. Capsular debris was removed by centrifugation (16 k x g, 10 min, 4°C). Supernatants were transferred to clean tubes and heated (95°C, 5 min). Duplicate samples (8 μl) were each applied to a single well of a 15% SDS-PAGE gel and electrophoresis performed according to Laemmli . Proteins were stained with Coomassie Brilliant Blue R-250 staining solution (Bio-Rad) and each sample lane was cut into 41 gel slices using a 1.5 mm x 5 mm GridCutter (Gel Company). The gel slices were then destained twice in 200 μl of 50% acetonitrile, 200 mM ammonium bicarbonate for 45 min at 37°C, desiccated using a vacuum centrifuge and then resuspended in 20 mM DTT, 25 mM ammonium bicarbonate and reduced for 1 h at 65°C. DTT was then removed, and the samples were alkylated in 50 mM iodoacetamide and 25 mM ammonium bicarbonate at 37°C in darkness for 40 min. Gel slices were washed three times for 45 min in 25 mM ammonium bicarbonate and then desiccated. Individual dried slices were then allowed to swell in 20 μl of 40 mM ammonium bicarbonate, 10% acetonitrile containing 20 μg/ml trypsin (Sigma) for 1 h at room temperature. An additional 50 μl of the same solution was added and the samples were incubated overnight at 37°C. The supernatants were removed from the gel slices, and residual peptides were washed from the slices by incubating them three times in 50 μl of 0.1% formic acid for 45 min at 37°C. The original supernatant and washes were combined and reduced to 10 μl in a vacuum centrifuge before mass spectral analysis. Tryptic fragments from in-gel digests were separated chromatographically by a Eksigent cHiPLCTM-nanoflex system using a 15 cm long chromXP C18-CL column (particle size 3 μm, 120 Å, 200 μm x 6 mm) and a linear gradient of 0-95% solvent B for 72 min. A pre-concentration step (10 min) was performed employing a chromxp trap (C18-CL, 3 μm, 120 Å, 200 μm x 6 mm) before commencement of the gradient. A flow rate of 500 nl/min was used for all experiments. The mobile phase consisted of solvent A (0.1% formic acid [aq]) and solvent B (100 acetonitrile/0.1% formic acid [aq]). Eluates from the RP-HPLC column were directly introduced into the NanoSpray II ionisation source of a TripleTOF 5600 MS/MS System (AB Sciex) operated in positive ion electrospray mode. All analyses were performed using Information Dependant Acquisition. Analyst 2.0 (Applied Biosystems) was used for data analysis. Briefly, the acquisition protocol consisted of the use of an Enhanced Mass Spectrum scan with 10 seconds exclusion time and 50 mDa mass tolerance. A cycle time of 2800 ms was used to acquire full scan TOFMS data over the mass range 320–2000 m/z and product ion scans over the mass range of 100–2000 m/z for up to 25 of the most abundant ions with a relative intensity above 100 and a charge state of +2 − +4. Full product ion spectra for each of the selected precursors were then used for subsequent database searches. Proteomic datasets are deposited in ProteomeXchange with the accession number PXD002068. In addition to the in-gel digests performed as part of this study existing MS/MS data sets, generated during our previous studies of C. fleckeri venom , were reanalyzed using the new transcriptomic data. These data sets included duplicate in-gel digests of SDS-PAGE-fractionated venom proteins from total nematocyst preparations and duplicate peptide OFFGEL™ electrophoresis experiments of the same samples. For the primary analysis, spectra from all datasets were used to search the ESTScan-predicted protein coding sequences from the Oases transcriptomic assembly (20,548 proteins). In addition, all in-gel datasets were searched against three other databases to assess the completeness of the primary analysis; (1) ESTScan predicted proteins from a second assembly constructed using Trinity (30,245 proteins); (2) a database of all Cnidarian proteins in the GenBank non-redundant protein database (as of the 1st of Oct. 2013; 95,394 proteins); and (3) the SwissProt database (as of the 1st of Oct. 2013; 546,000 proteins). All searches were conducted using X! Tandem v.2013.09.01.1 , employing the following search parameters: enzyme = trypsin; precursor ion mass tolerance = ± 0.1 Da; fragment ion tolerance = ±0.1 Da; fixed modifications = carbamidomethylation; variable modifications = methionine oxidation; number of missed cleavages allowed = 2; and allowed charge states = +2 − +4. In the primary analysis, against the Oases predicted protein set, MS/MS data from each band of the in-gel digests were searched individually (Additional file 7: Table S5). For OFFGEL samples, data from each fraction was combined for X! Tandem searches and the Trans Proteomic Pipeline was used to validate peptide and protein identifications using PeptideProphet and ProteinProphet (Additional file 8: Table S6). False discovery analysis for OFFGEL samples, calculated as less than 1% for reported proteins, was conducted using Mayu and searches against a database comprising the predicted protein set from the Oases assembly and the reverse of each sequence (Additional file 9). Proteins containing similar peptides but which could not be differentiated based on MS/MS analysis were grouped to satisfy the principles of parsimony. For in-gel digests and OFFGEL experiments, proteins were reported only if two significant peptides (p < 0.05) were attributed to the protein, at least one of which was unique to that protein. The phylogenetic tree was produced using MUSCLE for multiple alignment, Gblocks for automatic alignment curation, PhyML for tree building and TreeDyn for tree drawing using the tree-generation pipeline at Phylogeny.fr website . The aLRT statistical test was used for branch support. This research was supported using infrastructure provided by the Australian Government through the Linkage Infrastructure, Equipment and Facilities scheme from the Australian Research Council. J. M. is supported by a Career Development Fellowship from the National Health and Medical Research Council, Australia (NHMRC). Additional file 1: Comparison of C. fleckeri transcripts to H. magnipapillata and N. vectensis . Bit scores from searches of the assembled transcripts against databases containing H. magnipapillata and N. vectensis proteins using blastx. Solid line is the best simple linear regression model which suggests that generally C. fleckeri protein products possess more sequence homology to H. magnipapillata than N. vectensis. Y = X is shown as a dotted line. Additional file 2: GO terms assigned to C. fleckeri transcripts. Bar graph showing the number and percent of total of GO terms assigned to C. fleckeri transcripts using InterProScan. GO terms were reduced to level 2 terms and are grouped into the three components of the GO hierarchy; “Biological process”, “Cellular component” and “Molecular function”. Figure produced using WEGO . Additional file 3: Summary of GO and InterProScan terms associated with transcripts. Multi-worksheet excel file containing Go terms (Worksheet 1) and InterProScan terms (Worksheet 2) associated with C. fleckeri transcripts. Additional file 4 Summary of toxins identified in the transcriptome of C. fleckeri. Multi-worksheet excel file containing toxins identified in the transcript of C. fleckeri ranked by FPKM (Worksheet 1) and categorized by function (Worksheet 2). Additional file 5: Potential toxins identified in the proteome of C. fleckeri . Excel file listing potential toxins identified in the venom proteome of C. fleckeri categorized by function. Additional file 6: Proteins identified in additional database searches. Excel file listing proteins identified during additional database searches categorized by function. Additional file 7: X! Tandem protein reports. Multi-worksheet excel file containing protein report for each search of C. fleckeri predicted protein set. Additional file 8: ProteinProphet report for OFFGEL/MS/MS experiments. Excel file containing ProteinProphet report for searches using mass spectrometry data generated from OFFGEL experiments. Additional file 9: Mayu false discovery analysis of OFFGEL/MS/MS experiments. Excel file containing Mayu false discovery analysis of searches using mass spectrometry data generated from OFFGEL experiments. DB conceived the project, performed molecular biology work and drafted the manuscript. XJ and JP performed mass spectrometry experiments and drafted the manuscript. DK and DD performed bioinformatics analysis and contributed to drafted the manuscript. JM conceived the project, performed bioinformatics experiments drafted the manuscript. All authors read and approved the final manuscript.

2019-04-21T14:12:46Z

https://bmcgenomics.biomedcentral.com/articles/10.1186/s12864-015-1568-3

1. The existence within the EU of different sets of national transfer pricing rules laying down that transactions between taxpayers under common shareholder control should be taxed as if they had taken place between independent taxpayers undermines the proper functioning of the internal market and represents a large administrative burden on taxpayers . 2. In order to find pragmatic solutions to this problem, the EU Joint Transfer Pricing Forum (JTPF) was set-up by the Commission in October 2002. The Commission has reported twice on the work of the JTPF through two Communications. The first Communication presented a Code of Conduct on the Convention for the elimination of double taxation (the “Arbitration Convention”) to ensure that it would operate more efficiently. The second communication presented a Code of Conduct on documentation requirements for transfer pricing within the EU- the EU Transfer Pricing documentation (EUTPD.) The Code of Conduct on EUTPD sets out rules for the amount and type of documentation that Member States will request and accept for the purposes of their own transfer pricing rules. 3. Transfer pricing related disputes between a taxpayer and a tax administration frequently lead to double taxation and hence to disputes between tax administrations to relieve this double tax. While the Code of Conduct on the effective implementation of the Arbitration Convention adopted by Member States in December 2004 should in principle help to eliminate transfer pricing double taxation in the EU within a time frame of not more than three years, it would be highly desirable to avoid such disputes between tax administrations in the first place. 4. This third Communication therefore has as its main objective to prevent transfer pricing disputes and associated double taxation from arising in the first place by introducing Guidelines for Advance Pricing Agreements (hereafter: "APAs") within the EU. APAs are agreements between the tax administrations of EU Member States concerned defining how future transactions between related taxpayers established in two or more Member States will be taxed. The Guidelines are based on the best practice identified by the JTPF. 5. The Commission considers that APAs Guidelines are an efficient tool for dispute avoidance with valuable advantages for tax administrations and taxpayers. APAs will provide in advance certainty concerning the transfer pricing methodology and therefore simplify or prevent costly and time-consuming tax examinations into the transactions included in the APA; this should lead to savings for all parties involved in an APA. 6. These APAs Guidelines explain how Member States should conduct the APA process and provide guidance for taxpayers involved in the process. Following the guidelines will result in a quick and efficient resolution of the APA process and in turn should encourage the use of APAs in the EU, leading to more dispute avoidance and less double taxation. 7. The full report compiled by the JTPF is contained in a staff working document. Within the overall scope of dispute resolution and avoidance, the JTPF considered several possible procedures which might lessen transfer pricing burdens on taxpayers within the EU. These were simultaneous tax examinations, expert opinion or mediation, a system of prior notification, consultation or agreement and the possibilities for APA procedures. 8. These are generally considered as methods by which two or more countries combine efforts to audit taxpayers together. While the JTPF acknowledged that this might have attractions for Member States from a compliance perspective, the opportunities for resolving disputes this way were considered to be fewer than the opportunities for creating them. 9. The JTPF reflected upon the statement in the commentary to article 25 of the OECD Model Tax Convention that countries might seek an advisory opinion from an expert to help resolve double taxation cases. Experts from the tax administrations did not consider the idea of intervention by a third party expert as a useful tool to prevent double taxation in the light of the Arbitration Convention which already compels the resolution of cases through the medium of an independent arbitration panel. Prior notification, prior consultation or prior agreement. 10. The JTPF examined the possibilities for a framework for prior agreement or at least consultation before tax administrations make transfer pricing adjustments. The inter-action could be limited to the mere notification of a transfer pricing adjustment (which could speed up dispute resolution), be extended to prior consultation between tax administrations before a transfer pricing adjustment was made final (which could again speed up subsequent dispute resolution or avoid any subsequent resolution ever becoming necessary) or use of a system of prior agreement (whereby a tax administration would have to agree to provide a corresponding adjustment to eliminate any double tax before the first adjustment was made final) to prevent a dispute from coming into existence in the first place. 11. The JTPF found that, while it might be possible to do all of the above under existing mechanisms, to develop effective mechanisms would be time consuming and might well require fundamental changes in domestic laws. The JTPF felt that this might be outside its remit and that its time and resources should be concentrated on developing APA procedures. 12. The Commission considers that a system of prior agreement would eliminate all double taxation within the EU and therefore is of the opinion that this issue could usefully be deepened in the future. 13. An APA is an agreement between tax administrations over the way in which certain transfer pricing transactions between taxpayers will be taxed in the future. Hence an APA often prevents the need for a dispute between tax administrations over the transactions included in the APA. APAs are an exemplary method of dispute avoidance. 15. Given the significant advantages of APAs, the JTPF felt that it was appropriate to identify best practices for the conduct of APA procedures in the EU. These are contained in the Guidelines in the Annex to this Communication. What are the salient points of the EU APA guidelines? 16. The guidelines lay down procedures for an efficient APA process and detail the stages usually found in an APA and what should ideally happen at each stage. 17. These guidelines focus on bi and multilateral APAs because they are considered as the most efficient tool to prevent double taxation. However the Guidelines also include a section on Unilateral APAs. 18. The guidelines envisage a four stage process and describe what should happen at each stage. 19. APAs start with the taxpayers' decision to request an APA. The guidelines suggest an informal approach be made to all the tax administrations potentially involved and recommend what should be done in this informal stage to ensure an efficient resolution of the APA application. Details of the type of information that should be included in the formal application are provided on the grounds that, although each APA will be different, the type of basic information likely to be necessary is often similar from case to case. 20. Once the formal application is received, the guidelines describe what should happen for the efficient conduct of the process. APAs will require that each tax administration involved checks the application to decide whether the proposed transfer pricing treatment in the application is acceptable. The precise details of the transfer pricing treatment will also need to be negotiated and agreed between the tax administrations involved. Details of how these processes should be done are laid down in the guidelines. 21. APAs will require formal agreement between the tax administrations involved, so that they and the taxpayers involved are guaranteed certainty over the tax treatment of the transactions. The guidelines provide details over what should be in this formal agreement so that this certainty is given. 22. A typical timeline is provided in appendix of the guidelines to illustrate the conduct of the APA process. 23. The guidelines also discuss some often problematic areas which frequently arise during, or even before, APA procedures and detail ways in which these areas can be rendered less likely to impede an efficient resolution of the APA process itself. The JTPF concentrated on areas where experience has shown that the most problems arise: retrospective application of the tax treatment in the APA, fees and complexity thresholds (which could constitute an undesired barrier to the APA process) and the types and amount of transactions that should be covered by the APA. THE ARBITRATION CONVENTION AND RELATED ISSUES. 24. The follow-up of its work on the Arbitration Convention is an on-going process for the JTPF. It is vital that Member States respect the terms of the Arbitration Convention and of the related Code of Conduct adopted in December 2004. 25. With regard to the state of play of the ratification process of the Accession Convention to the Arbitration Convention, at the end of September 2006, twelve Member States had ratified it and the other Member States had indicated that the Convention should be ratified in the coming months. 26. The JTPF has also monitored the implementation of the recommendation included in its first Code of Conduct related to the suspension of tax collection. At the end of September 2006, sixteen Member States have confirmed that they allow suspension of tax collection during the dispute resolution procedure and the other Member States have replied that they were preparing revised texts granting this possibility. This issue will need further monitoring in the future. 27. Finally an update of the 2005 questionnaire on pending mutual agreement procedure (MAPs) under the EU Arbitration Convention that was filled in by Member States tax administrations revealed that none of the 24 cases for which the taxpayer had made the request prior to 1 January 2000 was sent to an Arbitration Commission. 28. The Commission considers that the number of long outstanding transfer pricing double tax cases means that, for reasons that need to be further explored, the Arbitration Convention is not eliminating transfer pricing related double taxation in the EU as well as it is supposed to. The proper functioning of the single market is therefore impaired. The Commission intends to consider how this failing can be addressed. It might well be that an instrument that ensures a more timely and effective elimination of double taxation, is necessary from the perspective of the single market. The Commission also notes that the AC deals only with transfer pricing related double taxation and that the new material in Article 25 of the OECD Model Treaty and attached commentary goes further by offering treaty partners a binding, compulsory arbitration procedure for eliminating all double taxation. 29. Considering these recent achievements in transfer pricing within the EU and the need to ensure a monitoring of the implementation of the new tools but also to continue the examination of several issues, the Commission has decided to renew the JTPF for a new mandate of two years. 30. The JTPF has begun examining the potential new work programme for 2007-2008. 31. Under the current work programme of the JTPF, in particular penalties and interest related to transfer pricing adjustments still need to be examined. 32. In the future, no doubt dispute avoidance and resolution will continue to feature as they are of major importance to taxpayers and tax administrations. 33. The Forum should also assist the Commission in monitoring the implementation by Member States of the Codes of Conduct and the Guidelines issued on the basis of the JTPF conclusions. Indeed Member States will have to report on the implementation of the different instruments and on practical problems ensued from their implementation. This will allow the effectiveness of these instruments in the elimination of double taxation in connection with the adjustment of profits of associated enterprises to be assessed. 34. As regards the Arbitration Convention, the Commission having received additional feedback since the adoption of the Code of Conduct, points out the following issues where clarifications should be given to ensure a better functioning of the Convention: the deadline for the setting-up of the arbitration commission, a common understanding of the definition of a serious penalty, the possible extension of the scope to more than two Member States, the deadline to implement the final decision, the role of the taxpayer, what is precisely covered by a transfer pricing adjustment (for example is thin capitalization to be considered). The Commission has finally received comments arguing for the setting-up of a permanent and independent Secretariat. 35. The Commission congratulates the JTPF for its work and its contribution to a better environment within the EU for lessening the burden of transfer pricing rules in general and dispute avoidance and resolution procedures in particular. The JTPF achievements since October 2002 have lead to a number of improvements that have facilitated cross-border trade and therefore have improved the functioning of the Single Market. 36. With regard to the work achieved by the JTPF in the field of dispute avoidance and resolution procedures, the Commission fully supports the conclusions and suggestions of the JTPF on APAs. On the basis of this work the Commission has drawn up the attached Guidelines for APAs in the EU. 37. These guidelines constitute a worthwhile blueprint for APA processes across the EU. By following the guidelines, Member States will encourage the use of APAs which will lead to better dispute avoidance, fewer disputes and less double taxation. This will help achieve a removal of tax obstacles and the primary aims of the single market: a better investment and more competitive business environment, growth and jobs. 38. The Commission invites the Council to endorse the proposed Guidelines on APAs in the EU and invites Member States to implement quickly the recommendations included in the Guidelines in their national legislation or administrative rules. 39. Member States are invited to report annually to the Commission on any measures they have taken further to these Guidelines and their practical functioning. On the basis of these reports, the Commission will periodically review these Guidelines. 40. Article 25 (3) of the OECD Model Tax Convention permits countries to enter into Adavance Pricing Agreements (Hereafter APAs). 41. An APA is an arrangement that determines, in advance of controlled transactions, an appropriate set of criteria (e.g. method, comparables and appropriate adjustments thereto, critical assumptions as to future events) for the determination of the transfer pricing for those transactions over a fixed period of time. 42. The APA should not agree precisely the actual profit which should be taxed in the future. The APA should fix according to the arm's length principle arrangements for the determining the transfer pricing for the future transactions in the APA. 43. APAs must provide certainty for taxpayers and tax administrations. The precise way this can be done can vary depending on the law of the Member State in which the taxpayer pays tax. 44. At all times, the taxpayer is subject to the usual rules of the tax administration. Where there is an APA, a tax administration still has the right to conduct an audit. However, under normal circumstances, the audit is carried out only to check and monitor the APA by reviewing the terms and critical assumptions underlying the APA. 46. Tax administrations should be able to draw upon all of their skill and adequate resources to conduct an APA. APA programmes should be centrally co-ordinated. Tax administrations should carry out two broad roles to deal with an APA application: firstly, evaluating the application and secondly negotiating an agreement with the other tax administration. 47. The negotiations between tax administrations should be conducted by the Competent Authorities (Hereafter CAs). It is the CA's responsibility to ensure that the roles of checking and evaluating the APA and negotiating with other countries are carried out. This applies even if the CA calls upon other parts of the tax administration to provide specialist knowledge. 48. It is up to the taxpayer to initially decide which transactions should be included in an APA application. The tax administration can review the application and modify or reject it. The tax administration should accept the application where all requirements have been met. In practice, taxpayer and tax administration should work together to establish mutually acceptable terms and conditions for an APA. 49. Domestic considerations will legitimately affect how a tax administration runs its APA programme. 50. Rules on fees and complexity thresholds can be used by tax administrations to ensure APAs are only made available where they are considered appropriate by those tax administrations. 51. It is for Member States to decide if a fee system is appropriate. A fee should not be a precondition for an efficient service which should be provided as a matter of course. 52. If they are used, fees should be charged by reference to a lump sum amount as a pure entry fee and/or linked to the extra costs incurred by the tax administration as a result of the APA. 53. Fees are particularly appropriate where without a fee a tax administration would be unable to have an APA programme. But they should not be set so high so as to be a disincentive to apply for an APA. 54. If complexity thresholds are to be used, they should be used as a guide to whether an APA is appropriate and they should be dependent on the facts and circumstances of the case so not to be too prescriptive. Complexity thresholds should be operated consistently for all taxpayers. 55. The likely attitude of other tax administrations directly involved in any APA should also be a factor in the operation of any complexity threshold: a threshold could be lowered where other tax administrations are willing to accept an APA application. Whether a complexity threshold will operate to deny a taxpayer entry into an APA programme should be discussed at any pre-filing meeting. 56. The number or size of transactions should not constitute an infallible guide to uncertainty or transfer pricing risk. Complexity thresholds should take into account the relative size and transfer pricing risk (to the taxpayer) of the transactions. 57. Where a Multinational Enterprise uses the EU Transfer Pricing Documentation (EUTPD), this will serve as a useful basis for any APA application. Useful additions can be any transfer pricing policy documentation on which the application is based and any reports received on which the application relies. Documentation requirements should not be unduly onerous for taxpayers but the tax administration must be given the opportunity to fully evaluate the transactions included in the APA. Appendices A and B provide a list of documentation that is likely to be of use for any APA application. What is actually required in the formal application should be agreed at the pre-filing stage. 58. The specific information necessary to monitor the application of the APA should always be agreed upon as part of the APA negotiation. The taxpayer must maintain documentation throughout the APA so that the tax administration can monitor the way the APA is applied. 59. Tax administrations and taxpayers should work together in as cooperative a manner as possible to ensure that the APA is conducted as efficiently as possible. 64. The pre-filing meeting should allow all parties to assess the likely success of the APA. The tax administration should be provided with sufficient information to permit this assessment. This information should at least describe the activity and transactions to be covered, the taxpayers concerned, the preferred methodology, desired length of the APA, any rollback and the countries to be involved. The pre-filing stage must allow the tax administration to make a reasoned judgement on whether the application will be acceptable. Taxpayers should approach the tax administrations as early as possible once they are clear about their intended actions when considering an APA. 65. Tax administrations might consider anonymous approaches from taxpayers but nothing binding can be agreed on an anonymous basis. At any rate, the taxpayer's intentions should be relatively fixed for the anonymous meeting and as such an anonymous approach should not be a protracted process. 66. The tax administration should give a clear indication as soon as possible whether a taxpayer's subsequent formal application is likely to be accepted and also indicate, where possible, which aspects might be more controversial. 67. The taxpayer should approach all of the Member States directly involved in the envisaged APA. Where more than one tax administration is consulted, the same information should be provided to each (this should apply throughout the APA process). 68. As part of the pre-filing stage, CAs should consult with one another where necessary. Where such a consultation is deemed necessary, it should take place as quickly as possible. In the pre-filing stage, the taxpayer and tax administration should discuss what documentation should be included with the formal application. Any complexity threshold should also be discussed. The tax administration should also use the pre-filing stage to influence the content of the application where this will aid an efficient outcome of the application. 69. Formal application for an APA should be made as early as possible in relation to the years to be covered by the APA and in particular soon after any informal approach. The taxpayer should make the formal application to the tax administration where it pays tax and at the same time to all other countries concerned. Where Member States have different administrative or legal procedures concerning APAs, it is the taxpayer's responsibility to ensure that all applications are made in time. The tax administration should endeavour to tell the taxpayer as soon as possible whether the application for an APA has been formally accepted for processing and to request as soon as possible any further documentation necessary to evaluate the APA and to formulate a position. 70. In the initial formal application, the taxpayer should try to enclose all relevant information necessary for the tax administration to evaluate the application and to come to a view about the methodology that will be used later to calculate the arm's length price. Appendices A and B contain details of the type of information that might often be necessary in all instances but is not necessarily a minimum and is not the maximum. The precise information necessary for the formal application should be tailored to the specific case. 71. A tax administration has the right to ask for supplementary information to evaluate the APA application. 72. The aims of the evaluation and negotiation are distinct even if it might sometimes be appropriate to carry out these tasks partly together. A balanced approach should be adopted to ensure that the evaluation takes place as quickly as possible and the negotiation begins as soon as possible. In the evaluation, the tax administration should formulate its preferred terms and conditions for the APA. The negotiation with the other tax administrations concerned should resolve any differences which arise between tax administrations so that one set of terms and conditions can be provided to all the taxpayers involved. 73. As soon as possible after a formal application is received, the CAs of the tax administrations concerned should contact one another and establish a timetable for the APA. The taxpayer should be involved in the creation of the timetable and a model timetable is contained in Appendix C. In multilateral APAs, the CAs could agree that one CA takes the lead in organising the procedure. 74. The taxpayer should help the tax administration to evaluate the application through the provision of information. The evaluation should be completed as soon as possible to allow negotiation to be started. 75. Tax administrations should make every effort to keep the burden of the evaluation to a minimum by requiring only pertinent information; taxpayers must in turn provide any information requested as quickly as possible. It should be possible to agree what information is relevant. 76. All information provided to one tax administration should also be provided to the other tax administrations involved. Details of what information has been requested should also be exchanged. A convention should be established for each APA to say whether the taxpayer or, exceptionally, the tax administration through exchange of information will do this. 77. Where a tax administration forms an evaluation different from the taxpayer's application, then its evaluation should be discussed with the taxpayer. 78. As part of the evaluation process, the tax administration should try to obtain the tax payer's agreement with the position of the tax administration. It is advantageous for tax administration and taxpayer to work together to keep the proceedings on track to a mutually acceptable conclusion. 79. Tax administrations and taxpayers should work together in an APA to minimise any delay, in particular by making timely requests for necessary information and supplying information in a timely manner. Tax administrations should always consider making joint/common requests for information when this will further minimise delays. 80. As soon as its evaluation is complete, a tax administration should endeavour to begin negotiations and, if necessary, the other tax administration involved should endeavour to complete its own evaluation so that negotiations can begin. 81. The evaluation stage should involve CA inter-action where this will aid reaching an APA. Provisional agreement should be reached where possible. However, it is preferable that a tax administration has in mind at least a preliminary evaluation before actual CA negotiations begin. 82. If it would aid the APA procedure, preliminary negotiations should begin before the evaluation is finalised but this should not permit tax administrations to inappropriately postpone finalizing the evaluation. 83. For most APAs, each CA should produce a position paper containing the tax administration's evaluation. The formal exchange of positions should take place with an exchange of CA position papers. This should be done as soon as possible after the application is received. 84. Where appropriate, CAs do not need to exchange position papers if this makes the APA process more efficient and faster. But in most cases having all CAs prepare position papers before full negotiations begin will help to identify and thus resolve any disputes quickly and efficiently. Where one CA has prepared a position paper, any other CA involved in the negotiation should at least set out what disagreement exists. 85. The contents of a position paper should set out the view of the tax administration involved in the APA. Appendix D lists some of the details that are likely to be necessary in a CA position paper. 86. Negotiations should be started by the sending of CA papers. A timetable should be agreed for the negotiations. Taxpayers should be kept informed of all significant developments. If the CAs agree, taxpayers should be allowed to attend CA meetings to address factual matters by making a presentation. 87. If beneficial, CAs should arrange regular meetings to keep the whole APA programme up-to-date but this should not impede arranging and conducting meetings on individual cases. 88. The formal APA should be given effect by formal agreements between the tax administrations involved (in a multi-lateral APA there could be one agreement between all tax administrations or a series of bilateral agreements between each tax administration). All agreements should detail the terms and conditions of the APA. 89. These agreements should give certainty to those involved in the APA and provided the relevant terms of the APA are met, then the transfer pricing for the transactions will be as determined in the APA and that the transactions will not be subject to a different interpretation by the tax administration. Tax administrations should ensure that they are able to provide this certainty. 90. Appendix E contains information which is likely to be necessary for all APA formal agreements. Transac tions and Participants in the APA. 91. It is up to the taxpayer to initially decide which transactions and which group entities he wants to have included in the APA. But it is the decision of the tax administration whether it accepts the taxpayer's application. 92. It is important that tax administrations are as flexible as possible in allowing the taxpayer to include what he wishes in the APA. It is recommended that the taxpayer's logic for excluding as well as including companies and transactions is explained in the application. 93. A tax administration should exchange information (EOI) spontaneously (subject to any domestic law limitations) with another tax administration which the first tax administration feels should be included in the APA. The taxpayer would need to be consulted about which tax administrations to involve in the APA since the taxpayer's agreement to the terms and conditions of the APA needs to be obtained. 94. The taxpayer should describe in the application the assumptions on which the ability of the methodology to accurately reflect the arm's length pricing of future transactions are based. 95. Critical assumptions are by their nature vital to the APA and should be drafted carefully to ensure the capability of the APA to reflect arm's length pricing. 96. Taxpayers and tax administrations should attempt to identify critical assumptions that are based where possible on observable, reliable and independent data. 97. Critical assumptions should be tailored to the individual circumstances of the taxpayer, the particular commercial environment, the methodology and the type of transactions covered. 98. Critical assumptions should not be drawn so tightly that certainty provided by the APA is jeopardised but should encompass as wide a variation of the underlying facts as those involved in the APA feel comfortable with. 99. The APA agreement should include parameters for an acceptable level of divergence for some assumptions in advance and only if these parameters are exceeded should a renegotiation become necessary. 100. Taxpayers should inform their tax administrations if critical assumptions are not met. All those involved in the APA should consult with each other to examine the reasons why a critical assumption has not been met and to see if the APA methodology is still appropriate. An attempt should be made renegotiate the APA if at all possible. 101. Rollback – when provided for in domestic legislation –can be considered where it will resolve disputes or remove the possibility of disputes in earlier periods. 102. Rollback should only be a secondary result of the APA and should only be carried out where it is appropriate to the facts of the case. Similar facts and circumstances to those in the APA should have existed for previous periods in order for rollback to be appropriate. 103. Rollback of the APA should only be applied with the taxpayer's consent. 104. A tax administration has recourse to the usual domestic measures if, as part of the APA process, it discovers information which would affect the taxation of earlier periods. But tax administrations should advise the taxpayer of any such intended action to give the taxpayer the opportunity of explaining any apparent inconsistency before making a tax re-assessment concerning previous periods. 106. Although there may be circumstances where the taxpayer has good reasons to believe that a unilateral APA is more appropriate than a bilateral, bilateral APAs are preferred over unilateral APAs. Where a unilateral APA may reduce the risk of double taxation to some degree, care must be taken that unilateral APAs are consistent with the arm's length principle in the same way as bilateral or multilateral APAs. 107. In the first instance the taxpayer has the right to decide whether a unilateral or bilateral APA is required. 108. The option of including another MS in the APA could be considered by the MS preparing for a unilateral APA. Taxpayers however should not be forced into a bilateral APA. 109. Tax administrations are entitled to turn down requests for unilateral APAs where the tax administration feels that a bilateral or multi-lateral APA is more appropriate, or feels that no APA at all is appropriate. 111. With the "Code of Conduct" (Business Taxation), Member States have committed themselves to spontaneously exchange details of concluded unilateral APAs. The Exchange of Information (EOI) should be made to any other tax administration directly concerned by the unilateral APA and should be done as swiftly as possible after the conclusion of the APA. Appendix A – A list of the type of information that is likely to be necessary with the formal application for a bilateral or multilateral APA. The actual information will vary depending on the facts of the case and would need to be discussed between the taxpayers and tax administrations, ideally at the pre-filing meeting. This information can be considered as two broad types: information about the past –historical information – which might already exist in some format but will need to be compiled for the APA and information that may need to be created specifically for the APA. When considering historical information, MS should keep in mind that APAs concern the future and that historical information may have less relevance for future periods. That said, historical information will be necessary to place the APA in perspective and to allow better judgements about the future to be made. The pre-filing stage is a useful time for tax administration and taxpayer to decide what information should accompany the formal application. The aim should be to strike a balance between the tax administration having enough information to consider the application properly and the taxpayer not being required to produce unnecessarily onerous amounts of information. In all cases the tax administration has the right to require further information and the taxpayer has the right to submit further information. 113. Names and addresses of all associated enterprises (including all permanent establishments) in the APA. 114. A group structure showing all entities involved in the trade of the enterprises in the APA. 115. An analysis of industry and market trends which are expected to affect the business. Any marketing or financial studies for the business which lead to this expectation should also be provided where relevant. An outline should be provided of the business strategy expected to be used for the period of the APA and, where different, of the strategy employed for previous periods. This might include projections used in the plan for the future, management budgets, information on expected business trends and competition, future marketing, production or R&D strategy. Details of who has the power and responsibility of developing and dictating business strategy could be provided. 116. The period for which the taxpayer desires that the APA should apply, including any request for rollback. 118. The reason why the taxpayer feels an APA is appropriate for these particular transactions. 119. The critical assumptions integral to the APA. 121. A review of the five OECD comparability factors including comparables and any adjustments made to achieve comparability. 123. A demonstration by reference to financial information of how the proposed methodology is to be implemented. 124. A list of any APAs already entered into by any of the associated enterprises involved in the APA which relate to the same or similar transactions if not already available to the tax authorities. 126. the three years statutory accounts. 127. an analysis of product/service lines showing gross and net margins with associated costs for the products/services to be included in the APA, if available and useful. 128. A list of any legal agreements between any associated enterprises which affect the transactions in the APA. For example, licence agreements, purchase agreements, distribution agreements, R&D service agreements. 129. For any years where a rollback is requested – where possible in domestic law - details of the tax position of each entity involved for these years, e.g. tax return agreed, submitted but not agreed, submitted and under audit etc., together with details of any MAP process still open and an analysis of the time limits laws in place in each relevant jurisdiction to show whether years of assessment are capable of being adjusted. The functional analysis is the key tool for any transfer pricing work. The contents should be tailored to the specific taxpayer and the transactions in the APA. Dependant on the situation, the APA application should also show to a certain extent which entity carries out what functions in the overall business of the MNE. Tax administrations however should keep in mind that they are not evaluating transactions which are not in the APA. This information will have to be sufficient for them to understand both ends of the transactions under review. All the activities relating to the transactions covered by the APA should be described (Research and development, manufacturing, distribution, marketing, the type of service activity carried out, etc.) The economic and entrepreneurial worth of these activities should be made clear along with details of how these activities inter-act with those carried out by other group entities. The market and the level in the market place of the entity should be described, along with the type of customer, what product is sold, how it is developed or acquired, who it is acquired from and sold to. The risks assumed by the entity with regard to the transaction s in the APA should be described and assessed. Typical risks might include product, technological, obsolescence, market, credit, foreign exchange and legal. The amount and type of working capital, tangible and intangible assets utilised in the APA should be described. Again the relative importance of these in the trade should be analysed if possible. There will be further details necessary if intellectual property right (IPR) is used in the transactions in the APA. Information should be provided on how the IPR was created within the group or acquired by the group. It should be made clear which entity now owns the IPR and how it came to do so, how it is utilised and what value it adds to the business. Every APA is different; therefore, there are inherent dangers in stipulating a common timetable for every APA. Best practice is for all parties to formulate a timetable as early as possible once the APA application has been received. Tax administrations can help keep the time to negotiate an APA as short as possible by examining information quickly and efficiently; taxpayers can help to keep the time to negotiate an APA as short as possible by providing complete information quickly. The timetable below is illustrative , but contains all the stages typically found in APAs. An informal approach is made by a taxpayer to two tax administrations, requesting an APA. The tax administrations listen to the statements made and indicate whether the particular case merits an APA. The tax administrations consult with one another to ensure both will agree. Each has brief discussions with the taxpayer over what information should be provided in the first instance and explores what methodology will be appropriate. The formal application is received by each tax administration. The CAs establish in month 1 a timetable to evaluate and negotiate the APA. Both tax administrations conduct an initial review independently and issue information requests if necessary. Tax administrations continue to evaluate independently with the full cooperation of the taxpayers. A first full face to face meeting could take place with a presentation to all involved parties by the taxpayer. The CAs consult as appropriate. The taxpayer is involved in this evaluation and is consulted. By the end of this period each tax administration has formulated its position. The CAs are able to exchange position papers. They agree to meet to discuss these in Month 14. Discussions occur between CAs. Further clarifications are obtained from the taxpayer who is kept informed of the CA negotiations. The CAs reach agreement. The taxpayers are consulted and indicate their agreement. The APA is formally agreed between the CAs. Formal documents are exchanged. The taxpayers receive assurances that the APA is acceptable. More complex cases may take longer, but, with the cooperation and planning of all parties, the time taken to conclude an APA should be kept to a minimum. Since each case will be different position papers will vary. But below is general guidance which should be applicable for the contents of all position papers. The key to concluding an APA procedure without unnecessary delay will always be to commence CA negotiations most often through a position paper as soon as possible after the application is received. 130. The conclusion of the CA together with a rationale. This should include details of the preferred methodology and the reasoning for this. 131. Reasons for any rejection or modification of the taxpayer's initially preferred method. 132. Details of the facts considered as most relevant in forming the above conclusion. If relevant, special consideration should be given to any facts which came to light during the APA process as opposed to in the original application. 133. Details of the critical assumptions that the APA will be dependent on. 134. A position on any retrospective element and on the future length of the APA. 135. Suggestions on how the APA should be monitored. 136. A description of the Treaty law and domestic law that will govern the APA and provide certainty for the taxpayer. 137. The duration of the APA and day of entry into force. 138. Details of the methodology acceptable for determining transfer pricing and the critical assumptions (see appendix F) that must be followed for the APA to apply. 141. An agreement of what documentation is to be maintained throughout the APA to allow monitoring to take place, for example an annual report. 142. Any agreement on any retrospective treatment. 143. Any circumstances which will require the APA to be revised. 152. the enterprises that will operate in each jurisdiction and the form in which they will do so.

2019-04-25T22:05:52Z

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52007DC0071

How do judges affect mass incarceration, and what role do judicial elections play? Today we’re looking at a topic that doesn’t get a lot of attention: the relationship between judges, corporate money, big business interests, and mass incarceration. We talk to Alicia Bannon, program manager at the Brennan Center for Justice, about the role of judicial elections in mass incarceration, and how fear-mongering is used to incentivize harsh decision making. Brennan Center’s repository of judicial ads is available here. Brennan Center’s most recent annual report on money spent in judicial elections, “Who Pays for Judicial Races? The Politics of Judicial Elections,” is available here. Past reports can be found here. Here’s another report from the Center for American Progress on judicial elections and mass incarceration, called “How Judicial Elections Impact Criminal Cases”. Justice at Stake, an organization focused on judicial independence, is sadly defunct, but their past work is available here. Also, if you want to read further, there are a few academic papers located here, here, and here, that may be of interest. You unfortunately may need a university login or other credentials for free access, though. Alicia Bannon: There’s been a lot of social science research about how election pressures impact judge’s decision makings. And judges they sentence more harshly in election years and there’s evidence that as criminal justice issues become a bigger part of election, so if there’s a lot of television advertisements, for example, judges are more likely to rule against criminal defendants. Clint Smith: What’s up everybody? I’m Clint Smith. Clint: And this is Justice in America. Each show we discuss a topic in the American criminal justice system and we try to explain what it is and how it works. Josie: Thank you so much everyone for joining us today. You can find us on Twitter at @Justice_Podcast, you can like our Facebook page, you can just find us at Justice in America and please subscribe and rate us on iTunes, we’d love to hear from you. Clint: We opened the show with a clip from our guest Alicia Bannon, who runs the Fair Courts Program at the Brennan Center. Alicia has done a ton of work around today’s topic, which is judges. Josie: Yes, judges. And not just judges in general but judicial elections. Clint: And not just judicial elections, but how judicial elections contribute to mass incarceration. But first, every episode we talk about a word or phrase related to the criminal justice system that we think is misused or misunderstood or just bad. The goal is to make you think twice when you hear it and we’re basically trying to make you more skeptical and critically interrogate some of the language and nomenclature you hear out in public. Josie: Yes. Today’s phrase is “diversion program.” Diversion programs are a type of sentence that is ostensibly focused on rehabilitating the defendant and providing them with skills or opportunities, while helping them avoid a more serious sentence. So the best diversion programs help a person avoid even an arrest. They are programs or classes that they can take or participate in instead of being arrested or sentenced and providing them with skills or opportunities while helping them avoid a more serious sentence. So in theory, diversion programs are awesome. But in practice, they are only sometimes awesome. Clint: And no one likes something that is only sometimes awesome. Josie: We want diversion programs to be all the time awesome, that’s our goal. Clint: All the time. So, if you’re as in to criminal justice as we are, you may have noticed that people really love to talk about diversion programs. You’ll hear a lot of the quote unquote “progressive” candidates for prosecutor or judge say that they started or supported or sent participants to a certain program. But on this stuff, the devil is really really in the details. Josie: Yeah. So some diversion programs are really amazing and effective. One of my favorites is in Seattle, it’s called LEAD, and it really helps people get the treatment and attention that they need when they are suffering from drug addiction. But others are basically revenue generators for the cops or the prosecutor’s office. And this kind of gets back to our fees and fines conversation that we talked about. Often these diversion programs cost a lot of money. You can only participate in them if you have the $600, $1,000 fee that they may cost. Only those who can pay are eligible. And sometimes, there’s just like no program at all, like you’re not actually getting help, you’re not actually getting treatment, you’re just paying and that’s it, you’re diverted. In a lot of these programs, the entire point is the money. Clint: Take LACE, a program in my home state of Louisiana. Prosecutors in Louisiana hire cops in their off hours to issue traffic tickets. But these weren’t regular traffic tickets, these were different. These were from the LACE program. Basically, what that meant is as long as the person ticketed paid the fine, the infraction wouldn’t show up on their record. They wouldn’t have to report it to insurance, it wouldn’t result in points on their record. You get the picture. Josie: Yeah and this sounds like a pretty good deal. You know, they called it a diversion program, and technically it was. It basically helped people get a lesser sentence for their traffic ticket. But really it was this program concocted by prosecutors to rake in money. Normally in Louisiana, if you get a traffic ticket, they are issued through the regular traffic court system. And for every dollar that you pay in fines or fees, different parties get a percentage. The prosecutor’s office gets a chunk. The public defender’s office gets a much smaller chunk. The court gets a little. And so on and so forth. But now, prosecutors were issuing tickets through the LACE program and keeping 100% of the revenue. So their tickets weren’t cheaper. They just weren’t sharing the profits. They were hiring cops to work more hours, to write more tickets and then they were just keeping all the money. And the public defender and the courts were getting none of that revenue. They were just totally starved for resources. In Calcasieu Parish, the office of the district attorney there, John DeRosier, made about $4.4 million dollars off of the LACE program. Clint: There are many more diversion programs like this where it’s really just about arresting more people and convicting more people to pull in money. Josie: And what this does is just replicate the same patterns we talk about on here all the time. If you can’t pay the fee it means you can’t be diverted and then those programs are just another way of over-criminalizing poor people. Diversion programs can have other flaws too. For example, access to these programs can be really really limited, even among the ostensibly eligible. So there will be a program for low-level drug offenders, for example, but the prosecutor’s office will only divert 10% of those charged with a low level drug offense. Or the program will be available for low-level drug offenders, but only if its their very first offense. So if you are arrested again, you don’t have access to diversion. Clint: Now, this may seem reasonable. Prosecutors often say that these defendants had a second chance and since they messed up again they don’t get a third. But this is a real issue when we talk about criminal charges that are evidence of a bigger problem. Addiction, for example, or homelessness. These are the sorts of things that can keep a person cycling in and out of jail and they generally aren’t solved on the first go around. Josie: Another thing to be aware of when it comes to diversion programs is where they exist in the criminal process. Some programs deal with the problem on the front-end. These programs, pre-arrest, pre-booking or pre-charge diversion programs, are generally keeping a person out of the system. At the very least, these programs divert people before they are charged with a crime. And some programs come into play even earlier, they divert people before they have to spend even a second in jail or even before they are arrested. Clint: Others are more about putting people in the system and giving them an opportunity to get back out. So, a defendant will have to plead guilty to have access to the diversion program, but if they complete the necessary requirements, they can have their record expunged. That’s of course still better than incarceration, generally, but the best diversion programs keep defendants out of the system as much as possible. That’s really important. Sure, its true, giving people in the criminal justice system a more humane option is a good thing to be clear, but a much better thing is keeping people from getting mired in the system in the first place. Alright, now you understand diversion programs, what’s good, what’s not good, but let’s get back down to business. Josie: Yes. So, we’ve talked about the prosecutor, the defense attorney and we’ve talked plenty about the defendants. But what about the judge? The judge, as you likely know, presides over court proceedings. Note that this doesn’t necessarily mean a trial. Some judges preside over trials, but many others don’t. Theoretically, the judge is this independent presence in a courtroom, someone who knows the law, can make rulings and can fairly decide whether or not someone should be convicted of a crime. Clint: As we’ve discussed before, in America, our court system is roughly split along two different axes. One is jurisdiction. There’s the federal justice system and the state justice system. The federal system gets a whole lot of attention, rightly so. But the state court system is extremely important. State courts hear 95% of all cases, totaling 100 million cases a year. About 85% of criminal cases are decided in the state system, not the federal one. The other variable is the type of case, which again can be split into roughly two buckets, criminal and civil. Obviously, on this show, we talk a lot about the criminal justice system. But the civil justice system is a whole other can of worms that we’re not exactly experts in. But it will be peripherally relevant today, so it’s important to remember the difference. Josie: Now, another big thing to know about judges, before we get into how they are selected — is the different tiers. There are lots of specialty courts in the United States and so there are lots of specialty judges like traffic court judges, juvenile court judges, immigration judges, bankruptcy court judges, military judges, veterans court judges. But outside of the specialty courts there are the regular judges like the people you see on Law and Order. And in most states, and in the federal system, these judges usually belong to one of three general tiers. There’s the trial judge, the appellate judge and the Supreme Court judge. Clint: The trial judge or district judge actually, you guessed it, hears the trial. They evaluate the facts and apply the law. Often, they specialize in criminal or civil court. There tend to be many more district judges than there are in the appellate or the appeals or the Supreme Court. On the federal level, there are around 700 trial judges in 94 districts. On the state level it varies. California has about 1700, Texas has about 1300. Vermont, on the other hand, has about 35. Josie: So that’s the trial level. The appellate court reviews cases from the trial level and determines whether they got it right. So appellate judges basically never preside over trials. To determine if the district court was right or wrong, they review written documents, they review the court records and in some cases attorneys for either side make a short argument. The general rule is that criminal defendants have the right to appeal their sentence, but the glaring exception to that rule is when defendants plead guilty they often forfeit their right to an appeal and as we’ve talked about before most defendants in this system are incentivized to plead guilty. There are many fewer appellate court judges than district court. In California, where there are 1700 district judges, there are only about 100 judges total on the Courts of Appeal. In Vermont, there are only 5 judges total on the Courts of Appeal. On the federal level, there are about 180 judges in the Courts of Appeal, divided into thirteen circuits. When you hear people talk about the Ninth Circuit or the Fifth Circuit, this is what they’re talking about, the federal appeals level. Clint: And then there’s the highest level court. The Supreme Court. On the federal level there are nine Supreme Court justices. On the state level, it varies, but it’s mostly between 5 and 7. Now, there are variations in this system. Some states call their courts different names. Other states, like Oklahoma, have just two levels, meaning they don’t have that middle appellate level court. Some states have two Supreme Courts, one for criminal cases and one for civil. But mostly, there are a lot of district court judges, who can be overruled by fewer appellate judges, who can be overruled by just a handful of Supreme Court Justices. Josie: So how are these judges chosen? Well on the federal level, the president appoints them, and the senate has to vote in favor. You may remember a few months ago when some guy named Brett Kavanaugh faced Senate confirmation. Anyway. Clint: On the state level, it’s different. Sometimes judges are appointed by the Governor. But in many states, judges are elected. In fact, in 38 states, Justices on the state’s highest court face election. And around 90% of appellate level justices also face election. Around a quarter or so of those states have partisan elections. The other states hold non-partisan elections. Josie: You should know if you don’t already that this is kind of a quintessential American thing. We are one of the only countries to elect our judges. And you may be thinking that this is a great thing. After all this is a democracy, elections are generally good. And this is, you know, probably better than the federal system, where it’s left up to the president and the Senate to elect who goes on the Supreme Court. Clint: But it’s actually not that simple. In a lot of ways, judicial elections have really corrupted the state judiciary. The Constitution made it clear that judges were not and should not be politicians. It didn’t determine how state judges are chosen, that was left up to the states. But federal judges have lifetime tenure for a reason—we want them to be able to theoretically make decisions uninfluenced by things like money or the whims of the voter or potential talking points of their possible opponents. Judicial elections corrupt that. Josie: Now, to be clear – judges don’t always use the power of lifetime tenure well. I’m looking at half the Supreme Court right now. And appointed judges have enacted many injustices and done some terrible terrible things. And sometimes the person in charge who has the power to appoint is a regressive monster. So appointing judges certainly has its problems, we would never argue otherwise But electing judges is a different sort of mutation of our system. And part of that is because of campaign contributions. These contributions have done so much harm to the judiciary and they’ve really helped perpetuate mass incarceration. Clint: Here’s the basic outline of how these things are connected. And, like many things, it starts with money. After all, money, all the data shows, is pretty important if you want to win an election. And there are a lot of special interests who are very determined to have state courts on their side. 95% of cases in total and about 85% of criminal cases go through the state courts. A lot of very important decisions are made, a lot of precedent is set, and many many billions of dollars are won or lost in state courts every year. There are definitely people and groups and corporations invested in having friendly faces on the bench. Josie: Campaign contributions to judicial candidates have skyrocketed in the past 20 or so years. The candidates for district court don’t tend to get a lot of contributions, there are so many of them and they really only have local control. And candidates for the appellate level courts are getting more contributions than the district level but still not that many. But donors tend to be very very interested in the state high court or the state Supreme Court. And they show their interest through money. Clint: So in 2016, 33 states held state Supreme Court elections and 76 seats were up for grabs. According to the Brennan Center, overall spending came to a total of about $70 million for those seats combined. That’s the second highest spending level Brennan has ever recorded in the 16 years they’ve been tracking judicial campaign contributions. Where’d the money come from? Total, about 56% of contributions came from lawyers, lobbyists and business interests. Another 40% came from outside groups who mostly gave through PACs. Out of the 76 seats up for grabs, 27 elections were decided in races that cost over $1 million. So, there’s a lot of money in these races. But who generally is it that is contributing to judicial candidates? The answer is often big business interested in less regulation. In other words, corporations and businesses want to have justices on the bench that won’t interfere with what they do every single day. They want judges who tend to be more supportive of the boss rather the employee. They want judges who won’t fine them for, say, causing environmental harm. They basically want to be able to get away with more without being punished or fined or sued. Now, there are definitely groups on the other side who donate to judges as well like tort lawyers who want these judges to encourage, and not discourage, litigation on behalf of individuals. And we will talk to Alicia about this. Josie: But suffice it to say there are very self interested groups, largely corporations, who pour money into these races in hopes that they will get a friendly judge if and when they have to face them in court. One thing to note here, again, we know generally who is donating to these races, in other words, we know the general category. But often we don’t really know the actual identity. Often this money is coming from an untraceable PAC or some other shadow entity. In fact, last year, only about 18% of the money donated to judicial candidates could be traced back to an identifiable donor. Just 18%. Clint: Now, if you think that it’s outrageous that you can’t know who’s donating to a supposedly neutral judge, we would agree. And there’s one main Supreme Court decision to blame, you may have heard of it, its Citizens United. The amount of money corporations spend on judicial elections increased wildly after that 2010 case, where the court found that corporations and unions were allowed to make essentially limitless political contributions. But, while unions have contributed to races in the past, corporate money has traditionally dwarfed those donations. It’s important to note though that we’re not trying to make a false equivalency. While it is true that unions have contributed to races in the past, corporate money traditionally and typically completely dwarfs the donations that unions make. And because of Citizens United, that money can be donated in ways that are basically make it impossible to trace. Millions of dollars going to a judge that is supposed to be impartial and we don’t even get to know who donated it. Josie: The point here is this is not a grassroots effort. This is not a candidate accountable to a community. The people and groups who donate to judicial candidates often have a professional stake in the decisions that judges might make. Clint: Now, let’s think back. When is the last time that you, personally, donated to a judicial candidate? Can you name even three of your state’s Supreme Court justices? Surely there are exceptions to this rule, maybe that’s you, but I’m willing to bet that most people listening can’t do those things. And honestly, neither can we. Judicial candidates often don’t have any name recognition and people often don’t know who they’re voting for. And even when they do, simply knowing the name of the candidate isn’t enough to give you the information you need to make an informed decision. Judicial candidates have a stricter set of rules that they have to follow than, say, the person running for Governor. And there are limits to what they can say and what they can promise. Again, that whole perceived neutrality thing. Josie: Yeah and then there’s this other this which is that many of these judges see very technical cases. The cases that judges see on these state courts are often totally inaccessible and tedious and frankly uninteresting to people outside of this field. It’s not like every day is Brown v. Board. Now, of course, don’t forget—there are people interested in the technicalities—the corporations who want a friendly face on the bench. And these judges know that what their donors care about is deregulation. But that just doesn’t really matter to the rest of the electorate in the same way. So even if judges could say whatever they wanted, they aren’t going to woo voters by bragging about their interpretation of antitrust law. Voters just don’t really care about that. But you know what voters do care about? Crime. Clint: Yup. For a few decades now, this is how judges motivated voters. They paint their opponent as too soft on crime. They brag about how tough they are on quote unquote “criminals” in the courtroom. Unsurprisingly perhaps, during the campaign, there are television ads that these judges use and oftentimes, they are usually missing some very critical context. So, for example, here’s a clip from an ad in the 2012 Michigan Supreme Court race against a candidate named Bridget McCormack. It features a woman from Flint, Michigan, whose son was killed in Afghanistan. Woman: My son Joe was taken from me, killed when his unit was attacked by terrorists in Afghanistan. My son selflessly gave his life for this country. So when I heard Bridget McCormick volunteered to represent and help free suspected terrorists, I couldn’t believe it. My son’s a hero and fought to protect us. Bridget McCormick volunteered to help free a terrorist. How could you? Josie: So McCormack was a law professor who had volunteered to work with the Center for Constitutional Rights, which is a very well respected organization that fights to ensure, you guessed it, constitutional protections. And the quote unquote “terrorist” referenced in the ad was a man McCOrmack had been assigned to represent who was being held at Guantanamo Bay even though he had never been charged with a crime. And, for what it’s worth, McCormack never actually represented this man or even met him. In the end, this guy was freed by George Bush, of all people, and sent back to Tajikistan. But somehow the ad implies something else. Clint: Here’s another one from that same race. Man: At just 17 years old, Patty Rosansky was brutally raped and strangled. Thomas Cress was sentenced to life in prison for her murder until Democrat Supreme Court candidate Bridget McCormick successfully fought for the release of this convicted killer. While Patty’s family continues to grieve, Bridget McCormick was elated and thrilled that the man convicted of her murder walked free. Bridget McCormick, the wrong choice for Michigan families. Clint: The ad forgets to mention one little thing, the defendant in that case was actually innocent. That’s why McCormack was “elated” because she helped exonerate an innocent man. You wouldn’t exactly get that from this ad, though, would you? Here’s another one from a 2016 Wisconsin Supreme Court race. It’s an attack ad against a woman named JoAnne Kloppenburg. Man: We’ve heard it before. Liberal judges letting criminals off on technicalities. Judges like JoAnne Kloppenburg. This man had a long criminal history including beating his wife in front of their two year old daughter. Then after pleading guilty to sexually assaulting a 15 year old child, he got 15 years. Incredibly he appealed, saying he didn’t understand the charge and JoAnne Kloppenburg, she agreed to give him a new hearing. Tell Judge Kloppenburg courts should protect children, not criminals. Josie: Yeah and this ad too is just so misleading. The case is kind of technical but the defendant had some confusion about his plea, the appeals court gave him a hearing, but his argument was rejected, his sentence upheld. Notice how the ad implies that caring about technicalities is a bad thing. That’s an outrageous thing to say about a judge. But this language works. These ads work. Kloppenburg was defeated. And lastly, here’s a 2012 ad in support of North Carolina Supreme Court Justice Paul Newby, who was running for reelection. It’s um, it’s something. Man #1: North Carolina Judicial Coalition sponsored this ad supporting Paul Newby for Supreme Court. Man #2: [Banjo music. Singing.] There’s a judge they call Paul Newby, he’s got criminals on the run. Steely stare, got ‘em running scared, take ‘em down one by one. Paul Newby, he’s the tough old judge, respected everywhere. He’s heard the call, to lay down the law, to bring justice tough with prayer. Paul Newby. Criminals best beware. A prosecutor for 20 years, bringing justice tough but fair, walk the line or you’ll do hard time. Criminals best beware. Josie: And he won his race. Clint: A couple of things before we talk to Alicia about this more. First, notice in the last ad, as wild as it was, with the song, how it mentioned the judge’s history as a prosecutor. This is important. The tone of judicial elections has made it much easier for prosecutors to sell themselves as tough-on-crime and to win a race for the judiciary. On the other hand, when tough-on-crime is the key point, it’s much much much harder for public defenders or criminal defense attorneys to win a judicial election. Josie: And that leads us to our next point, which is really the whole point, the money that is spent in these elections, spent on these ads is having a real effect on judicial decision making. Judges facing tough elections tend to sentence defendants to more time in prison, they are more likely to rule against the defendant in a case and they’re also more likely to affirm a death penalty sentence. And, as an added bonus, corporations are simultaneously getting the gift of deregulation. Clint: To talk to us more about this is Alicia Bannon, the Deputy Director for Program Management at the Brennan Center. Stay tuned. Josie: So thank you so much for joining us today Alicia. I’m so excited that you’re here to talk to us and um, you’re a leading voice on the issue of judicial elections, which I think is really interesting. And at the Brennan Center, you guys have been talking about this for like decades it feels like, for a really long time. Can you tell us how you sort of got interested in this issue and how you came to be at the Brennan Center and doing this work? Alicia Bannon: Yeah. Well, so before I was at the Brennan Center, I was representing clients in civil rights cases and death penalty cases and we relied on the courts really heavily, you know, to make sure that our client’s rights were being protected, that they were going to get a fair shake on the claims that they had. And you know, there’s a whole bunch of reasons why people have hurdles in terms of getting a fair shake in court and a bunch of barriers to access to justice. But judicial selection and the dynamics around judicial elections is a really important one and one that people don’t tend to pay attention to. So I was representing a client on death row in Alabama and you have judges in Alabama that are literally campaigning on their records of, you know, putting people to death and you know, it’s a really important issue that I felt wasn’t getting the attention it deserved. And so I was really excited to have the opportunity at the Brennan Center to kind of cast a spotlight on what I think is a really important issue of access to justice and should be kind of central to the conversation around a host of issues including criminal justice reform. Clint: So I’m curious just kind of on a day to day level, how the fact that judicial elections exist, how does that shape the way that they go about their practice as opposed to if they had been appointed, for example? Alicia Bannon: Well, one thing that’s important to understand with respect to judicial elections is that it’s not just that judges are getting elected to the bench, once they’re on the bench, then they’re also standing for future elections. So they’re hearing cases and deciding cases with sort of a shadow over them. They’re going to have their records put before voters. Clint: And how often are judicial elections? Alicia Bannon: It varies quite a bit by state. For some lower courts it can be as frequent as every two years or every four years. For a state high courts it’s often a longer period, six years, eight years, some states as many as twelve years. Clint: And so if your election is every two years, I mean as soon as you’re elected, you’re thinking right after, the day after the election I imagine about your next election and how you can sort of present yourself to the voters as a compelling person to reelect. It’s such a quick turnaround time for a judge. Alicia Bannon: It is and there’s been a lot of social science research about how election pressures impact judge’s decision makings. Judges, they sentence more harshly in election years and there’s evidence that as criminal justice issues become a bigger part of election, so if there’s a lot of television advertisements, for example, judges are more likely to rule against criminal defendants. So you know, it’s borne out both in kind of a common sense way, you know, if you think about it, if you’re worried about your job security, that’s gonna put pressure on you as you’re hearing cases. And then it’s also borne out in a lot of research that’s looked at how different states judges are actually ruling in cases. Josie: So it’s interesting, like you made this point earlier, but people don’t know about this and it’s not really, doesn’t seem to be something that motivates people. You know, I even think about, I’m sure even, and I am interested in this, I’m sure I’ve voted for judges I knew nothing about. And why do you think it is that people are not as driven to know who they’re putting on the bench or know about who is donating to that person or understand sort of this system in the same way they are maybe other issues in criminal justice or access to justice more broadly? Alicia Bannon: I think that generally people don’t know a lot about their courts. They don’t know a lot about the judges that are sitting on the bench. Most people couldn’t even name who’s on their state Supreme Courts. And so I think there’s just a real information deficit and as a result, the elections themselves tend to be really low information races. So people you know, are not, they don’t tend to know a lot about the judges that they’re voting on, which means that attack ads and other sort of efforts to politicize these races I think can have a really big impact because oftentimes that’s the only piece of information that voters have. I think what we’ve seen across the country is that there’s one set of constituents that pay a lot of attention to these elections and that’s kind of big money interests that have a, have a big financial stake in who’s sitting on these courts. You know, they’re paying attention, they put a lot of money into these races, they’re paying, they’re really investing in them, but most members of the public really aren’t paying attention to it as an issue. Josie: Right. One of the big things that you mentioned is that the people who are paying attention to these races are corporate donors, big business and people who have kind of constant stake in who’s on the bench. Everybody has a constant stake, but maybe a direct stake in a different way. And so could you talk briefly just about who those people are and the levels of money they’re donating and how that money is being spent? Alicia Bannon: Yeah, absolutely. And I mean, just to step back, there was a time when judicial elections tended to be pretty low profile, low cost events, and you know, that started to change in the nineties and really kind of took off around the year 2000 where you started to see, um, a lot more money pouring into those races. If you look generally you’ll see with respect to support for conservative judges, a lot of money comes from, um, business interests. On the other side, you see a fair bit of money coming from plaintiff side lawyers, to a lesser extent unions. And there’s been kind of an arms race where you’ve seen more money coming in on both sides as, you know, interests are basically trying to shape who’s sitting on the courts. And ultimately the decisions that courts are making. What we’ve seen, which I think is really troubling is that oftentimes, you know, the people that are spending money do you have direct financial stakes in the decisions that courts are making oftentimes with cases pending at the very time that these judges are running for elections and, you know, they’ll put in six figures, sometimes seven figures into these elections. So these are large dollar amounts for races that most people aren’t really paying attention to. Right now there are 20 states where at least one justice on the state Supreme Court has been involved in a million dollar race. So it’s something that really is an issue in states across the country. Josie: So what you’re basically saying is that if I work for, you know, whatever ACME Construction Company and we’ve donated a million dollars or we’ve donated $500,000 to the campaign of someone on the State Supreme Court and a case that involves us, goes up to the Supreme Court you’re looking at a justice who’s clearly compromised or is at risk of being compromised much more than maybe the other, the person that we’re in a case against, who maybe they didn’t donate any money to the Supreme Court. Alicia Bannon: Yeah. And I mean, to give a concrete example, you know, in North Carolina, Duke Energy is a big player in that state and they are routinely in court in that state. You know, there’ve been a number of lawsuits involving claims to environmental damage, um, you know, coal, ash, polluting, polluting the state and they are frequently a defendant in environmental litigation. You also look at who have been the big spenders in North Carolina judicial elections. One of the big spenders is a group, the Republican State Leadership Committee, they’ve spent millions of dollars in that state, who is one of their biggest donors? It’s Duke Energy. Now, you know, I’m not suggesting that every justice is, you know, calculating who’s given them money or not. But I think if you, you know, from the perspective of people that are going into court and relying on courts to give them a fair shake, you know, I think it, it does create, at least in appearance that, you know, these judges are, you know, might have trouble squaring in and deciding cases based on their understanding of what the law requires. And I think it’s so, I mean, money in politics is an issue across the board, but I think it raises particular concerns in the context of judges because judges’ jobs are to put aside any kind of personal financial interest and really decide cases based on their understanding of what the law requires and what the facts require. And you know, they’re not supposed to have constituents. They’re not supposed to, you know, put the thumb on the scale. That’s an abdication of their duty. And so I think it raises real concerns about the ability of our justice system to function fairly. Clint: Has it always been like this? Like was there a period of time in which ostensibly money and the campaign donations and money in politics and money specifically in judicial elections, didn’t play the same role that it’s playing now? Alicia Bannon: It didn’t always used to be like this, it, you know, for many years you didn’t see much money in judicial elections. People didn’t pay much attention to them. The first two states where it started to change were Texas and Alabama. Karl Rove actually got, he cut his teeth in some really nasty big money elections in those states, which were an effort to essentially flip those courts, which had been, um, you know, Democratic for many years to, to Republican control. And that was, those were kind of the canary in the coal mine states. It started to pick up in the nineties, I think in part a byproduct of the tort reform movement. You had a number of states where legislatures had passed various laws to limit punitive damages to make it harder for plaintiffs to go into court, um, bringing various lawsuits against corporate interests and several state Supreme Courts struck those lawsuits down as violating their state constitutions. And that I think attracted the attention of the Chamber of Commerce and other big money interests saying we need to focus on these courts because these are keeping us from, you know, basically, uh, an agenda, a tort reform agenda. So you started to see money go into judicial elections to some extent in the nineties and then by the year 2000 it really started to take off. Clint: And do you see it disproportionately coming from folks on the right and going to right leaning judges or is there, is it an even split? Like how is the money breaking down? Alicia Bannon: So there’s, there’s been spending on both sides. Um, and to some extent it depends on the state. There have certainly been some states where it’s been largely kind of corporate money. There’ve been some states where it’s actually been plaintiffs trial lawyers that has been the big spending, big, big spenders. If you look in the aggregate, it’s tended to, um, overall there’s been more spending on the right than the left. And one thing that I think is interesting is particularly among national groups. So it’s not just how much money is being spent on both sides, but who’s spending that money. So in terms of spending for, spending on the left, it’s principally from interests within that state. Um, if you look at spending on the right, you’ve seen a lot of money coming from national groups that have a multistate agenda, so groups like the Republican State Leadership Committee, the Judicial Crisis Network, which also a big spender in the Kavanaugh confirmation hearing and in federal nominations. So I think a really striking dynamic has been, I think, a real national agenda on the right to shape the ideological composition of especially state Supreme Courts and to a lesser extent lower courts as well. I don’t think you’ve seen the same national attention coming on the left. Josie: So for people who are listening who maybe don’t know what tort reform really means and what it is, can you, um, can you give an explanation of that? Alicia Bannon: Sure. I mean, tort reform can mean different things, but generally what it involves is you have people coming into court, oftentimes consumers that are suing companies or businesses for various harms. You know, it could be a, um, a product defect, it could be, um, you know, a medical malpractice issue. There’s different reasons why people might come into court. The tort reform movement has been a movement to essentially make it either harder to bring those kinds of cases into court in the first place or limit the kinds of damages that you can get from those cases. Josie: Right. And so kind of connecting that to the criminal aspect of this, tort reform is a tough thing to run on, right? Like you’re not gonna run campaign ads about tort. People just don’t, it’s not as interesting to people as maybe tough-on-crime or kind of the fear mongering ads that justices kind of rely on. Can you talk a little bit about why, you know, the people who are donating to these justices and these judges are not actually interested in criminal being, tough-on-crime necessarily. It’s not, that’s not a tort reform issue. It’s not a big business issue. So how is it and why is it that these judges are relying on their criminal records to get elected when the people who are donating are not necessarily, you know, it’s not the prosecutors who are donating to them or the defense attorneys, um, it’s the more civil cases, but it seems like the criminal cases play such a big part of this. So can you connect the dots for us on that? Alicia Bannon: Yeah. Well, one thing that’s really striking when you look at the ads that come out in these judicial elections is that criminal justice issues are a huge theme. Usually they’re the most common subject of an ad. Um, and you’ll have judges either celebrated as tough-on-crime or attacked as being soft-on-crime. Usually those are ads that are taken out by, um, groups. You look at those groups and almost never are they groups with a criminal justice mission. If you look at who’s funding those groups, it’s often corporate interests or plaintiff side trial lawyers, as you said, a groups interest that are much more focused on civil justice issues. Things like tort reform. But what the rhetoric in those races is really focused on criminal justice issues and they’re actually taking out ads not on their issues, but on criminal justice because that’s seen as a wedge issue, an emotional issue, something that’s likely to motivate people when they’re to the polls. Clint: What is the role that Citizens United has played in all of this? You’ve kind of alluded to it I think, we’ve talked about money in politics but, but explicitly what are the sort of effects that that ruling has had on the landscape of judicial elections? Clint: So someone can put a nasty attack ad out on your behalf and you can say, ‘I didn’t do that. My campaign didn’t do that. I would never do such a thing.’ But the message is still getting out there. Alicia Bannon: Exactly. Exactly. Um, and so I think one thing we’ve seen is it affects overall the tenor of these races and I think contributes to the politicization of the elections and this focus on criminal justice issues. Another big impact of this rise of outside groups has been on transparency. So, um, you know, we found in the last presidential election cycle 2015 to ‘16, we saw record amounts of spending by outside groups. About 80 percent of it was non transparent, more than half of it was completely dark money where you had no idea who the donors were, it wasn’t disclosed at all. And then you had about 30 percent where you essentially had to keep unpeeling the onion, you know, so it was a group and they disclose their donors, but if you looked at who the donors were, it was another group, so you had to keep on peeling to figure out who the actual interests are so that, you know, it leaves voters in the dark about who’s trying to shape their courts and it can also obscure real conflicts of interest. So you might have somebody who has a case before judge who’s contributing through these dark money groups. There might be a real reason why that judge shouldn’t be hearing the case, but we don’t know about it. Josie: That’s such an immense amount of dark money. Is that sort of comparable to people being elected to state legislatures? Is there more dark money in judicial races than in other races? Alicia Bannon: Well, the short answer is we don’t really know because it’s very hard to identify and track all of the dark money. The Brennan Center has done some work looking at dark money in state elections. And what we’ve found is, again, not systematically, but at least looking at a couple of states, is that there’s some indication that it’s the state races and some of the down ballot races that are most attractive to dark money because they kind of can get the most bang for their buck. These, you know, when you’re, when you’re dealing with, you know, a really high profile election where there’s a lot of media coverage and a lot of people paying attention to it, you know, those, the ads matter. But they might not matter as much as a down ballot race where somebody’s going to pay attention the week before the election and that’s, you know, the, the two ads they see on TV and the mailer that they get is going to be the only pieces of information that they have when they go into the voting booth. And so there’s at least some indication that, you know, if you look at proportionately there, um, the dark money is even perhaps the biggest issue in some of those down ballot measures and sort of other areas where the public isn’t super focused on it as an issue. Clint: How much of an anomaly is this sort of thing? Like globally, like is this, judicial elections, something that happen in other countries across the world? Or is the United States unique in its absurdity on this front? Alicia Bannon: Virtually no other countries use judicial elections. So we’re basically a global outlier. Um, you know, it’s, it’s an interesting history around how the United States adopted judicial elections. So when we, you know, at the time of the founding, no states had judicial elections, either the governor or the state legislatures appointed judges in the 13 original colonies. And then it was only in the late 19th century that states started to adopt judicial elections. And it was seen as a reform measure. So there was a concern that judges were too closely tied to the politicians that were appointing them and that they weren’t being enough of a check on the political branches of government. So the idea was that this would actually enhance the independence of the judiciary because they would just be accountable to the people. So that was, that was the motivation. I think what we’re seeing now, especially with the rise of these big money elections, is that it’s not playing that role anymore. Josie: And I think that’s an important point because it’s hard to say to people, people like the idea of elections, it is a main part of democracy obviously. Right? So the idea of saying to them, actually we shouldn’t be electing judges, you shouldn’t have a say in who’s on the bench is not like a, is not a attractive selling point. So, and I’ve had trouble selling people on that. Clint: And it runs counter to a lot of people’s ideas of like what a democracy is. Josie: Totally. Like why shouldn’t we elect judges? But I’m hoping, it’d be great if you could just explain, you know, what is the value of an independent judiciary and the way that we, that the founders kind of imagined it? Um, you know, because obviously we see in federal, on the federal level, like Trump’s appointing whoever anyway. So what difference does it make if, you know, it’s the conservative guy that we pick or the conservative guy that he picks, but I think there is an important difference and I’m hoping you can sort of just lay out what is that value of an independent judiciary. Alicia Bannon: Courts play a vital and unique role in our democracy. You know, sometimes what the law requires is not going to be what’s popular. And I think that’s a real challenge and issue with the use of judicial elections. I think especially as they’ve evolved today where judges are routinely being targeted for particular decisions that they’ve made on the bench. Like I think back to, you know, in um, after Brown v. Board of education you had billboards going around the South saying “Impeach Earl Warren” and what world would we live in if then you could have had a campaign and just kind of booted or worn off the bench the next election because you didn’t like him or something like. I think that it’s a real challenge to the role that courts are supposed to play where, you know, they’re supposed to be defending people’s rights, they’re supposed to be following the law and the Constitution and that’s not always going to be popular. That’s not always going to be consistent with what the majority wants. And so, um, I, I think that that, as I said, I think that’s a real challenge to using judicial elections. That said, I think that sometimes people that criticize judicial elections are a little bit too flippant when they’re talking about the alternatives, right? Like we just saw, you know, the Kavanaugh confirmation process a few months ago. That’s not, you know, it’s plainly not a model for a well functioning system either. So, you know, I think it’s important to acknowledge that appointment systems can be really problematic as well and can introduce their own brand of politics and special interest influence as well. Josie: And maybe a bigger question sort of like what do you think is the solution to the judicial election question? Alicia Bannon: So I’ll say first, I mean we’ve done a lot of research about this question of how judges should be selected and we actually just finished kind of a long term project where we looked at how different states choose their judges, interview different stakeholders, looked at the social science research, really tried to do a deep dive into this question. My own view and we discussed this in a report that we put out recently, is that, you know, there is a model of an appointment system that I think is really superior, at least for Supreme Court levels, in terms of how to choose judges. We kind of, we call it a publicly accountable appointment system where you have a bipartisan commission that recruits and reviews applications for potential judges. Vets them, interviews them and then creates a short list based on those interviews. And you know, the composition of that commission really matters. We have a lot of recommendations about, you know, the need for diversity on a bunch of different measures so that you’re really both recruiting from a wide swath of people and have people with diverse backgrounds that are, um, you know, evaluating those candidates. But I think with that kind of a commission creating then a short list that goes to the governor, you have a system that can be publicly accountable, have transparency, um, and have trust basically that you’re getting judges who are being chosen based on, um, you know, that they’re well qualified and that they’re being vetted in a fair and transparent way. So I think that in my mind is a, is a better model then using judicial elections and a better model than just, you know, empowering a governor to just, you know, use own brand of politics to, to appoint judges. Clint: Is that a model that exists somewhere or is that something that you all have sort of imagined and created as what the ideal framework would look like? Clint: So functionally how is that different? I mean, I guess to some extent it’s a bit different, but if the governor can appoint every single person on the commission, I guess it’s just another degree of separation from the governor appointing someone themselves. Alicia Bannon: Exactly. So we don’t think that, we think it’s important that you have different appointing authorities involving different stakeholders. So not just the governor are making all the appointments. Not every state has requirements that, um, the commissions have members of different political parties. Um, you know, there’s an, another issue is professional diversity. So if you look at who’s on those commissions, oftentimes you don’t see representation from non lawyers. You don’t see representation from lawyers that don’t come from corporate backgrounds or plaintiff side backgrounds. So for example, you don’t see public defenders on those commissions. So we think it’s important that they be structured carefully so that you really do have representation from a wide set of interests which encourages, you know, real robust vetting and focusing on qualifications. You know, another thing that we think is really important is also looking, you know, I, I talked about these backend pressures, right? Judges, it’s not just that you’re elected to the bench, it’s that then you have to worry about being reelected. And I think that’s where some of the pressures on judges are most serious. So another recommendation that we have is that judge’s stand for lengthy single terms rather than being regularly reelected because, because we think it’s those reselection pressures that are the most serious with respect to judges really doing, doing their jobs. Clint: Is there a length of time that you think is his best? Alicia Bannon: Um, we recommend something in the realm of kind of 14 to 18 years. So you, um, and at least for the state Supreme Courts, like you want it to be a long enough time that you attract good people and that they have the ability to develop expertise on the court. But you also don’t want judges to be there, you know, for a lifetime. Josie: So you just mentioned the idea of sort of like interviewing judges and asking them their positions on certain or trying to get a sense from them if you’re a part of a bipartisan commission, when you think about interviewing judges or electing judges, part of the reason it seems like people don’t always have a lot of information about who’s on their state Supreme Court or who they’re electing is because judges do have some constraints on what values they can espouse as judicial candidates. Is that correct? And what are those constraints? Josie: Was this Minnesota v. White or something like that? Alicia Bannon: Yeah. So Republican Party of Minnesota v. White. And so that was specifically about whether or not judges could talk about issues of public concern on the campaign trail and several states had limits on their ability to do so and the Supreme Court struck those down and so that did open up kind of more, I guess, ideological seeming rhetoric on the campaign trail than there used to be, but judges are still constrained and other ways. I think how this plays out most significantly in the context of criminal justice issues is that generally judges are limited in talking about their own cases, so if you issue a ruling and you’re attacked, judges usually aren’t in a good position to then respond to those attacks and say, ‘well, that was a misrepresentation of what I said.’ It’s a very uncomfortable, awkward position for judges to be in because usually they’re expected to kind of rely on their reasoning in their cases and their opinions as their explanation of what they did. And so when they’re attacked for those decisions, it puts them in a very awkward position. And so you end up with judges frequently being targeted for cases and not feeling comfortable really responding at least with full force to those kinds of attacks and I think you’ve seen other people, I don’t think we’ve seen enough of other stakeholders like state bar associations or retired judges or just another kind of interested people in the state stepping up to say, you know, ‘no, this is misleading, this is wrong. This is not appropriate. You’re not fairly discussing these judges’ records.’ We sort of haven’t seen that infrastructure yet coming up in, in states. Josie: I’d love to hear some examples of some of the ads you’ve seen or some of the, you know, candidates you’ve seen really pay the price for thinking more progressively on crime or for example, not supporting the death penalty. Um, or, you know, really how this actually affects people who are on the bench. Alicia Bannon: That’s a great question. Well, I mean, one ad that I always found chilling, and this is, this is actually the other direction, this is judges touting their records, was, um, one in Tennessee in a retention election. So judges were standing for an up or down vote, do you keep them or don’t keep them? And there was a big attack basically trying to get these justices off the bench. One of the issues in those attacks was saying that they were soft-on-crime. The justices came out and said, ‘no, we’re really tough-on-crime’ and took out these ads saying ‘we uphold nearly 90 percent of all death sentences’ and that was their campaign ad or a big banner saying ‘uphold 90 percent of death sentences.’ And I always think about that one because I just think, gosh, like what if you had a case and you might put them below 90 percent, you know, are you’re going to feel really comfortable going into that court, are you really gonna feel like you’re going to get a fair shake when judges are campaigning on the percentage of cases that they’re upholding? Um, so I think that’s one that always struck me and stuck with me as a real exemplar of some of the really problematic dynamics that we see when people are really campaigning on their records in death penalty cases. And obviously the answer shouldn’t be what percentage of cases you upheld. The answer should be, well, what percentage of cases did you get right and maybe some of those you should have upheld and some of those you shouldn’t have. On the other side, one ad that’s always stuck with me was in Wisconsin, there was, Louis Butler, who is the state’s first and only African American justice on the Wisconsin Supreme Court, was targeted in a very nasty and misleading Willie Horton-style ad really, sort of suggesting that he basically, juxtaposing his face along with the face of a criminal defendant, also black who bore sort of a similar physical resemblance to him and basically suggesting that he had gotten this person off on a loophole. The facts were that he wasn’t even a judge involved in this case. He had represented this person as an appointed counsel, as a criminal defense lawyer and had represented him and all of those facts were really distorted in an ad that was widely broadcast and he lost his seat. And so I think that’s a good example of both how these ads are used and you know, the impact that they can have. I mean, my sense from what happened in Wisconsin was that that ad really did kind of change the narrative in that state. You know what I mean? Usually sitting justices have a pretty good incumbent advantage. They usually hold onto their seats and you know, and, and he lost his seat. Josie: Right. Is the reality of that story told about Louis Butler and how he was sort of a public defender appointed council for this guy and then it’s paying the price on the back end saying you supported this person even though that’s his job. Does that mean that they’re probably, do you see a lot more former prosecutors on the bench who are being able to benefit from this tough-on-crime platform then people who maybe were previously defense attorneys? Alicia Bannon: I think that is a real issue. If you look at the composition of state judiciaries, it’s true for federal judiciary as well, that, um, it’s, it’s definitely overrepresented by people with prosecutor backgrounds, corporate backgrounds and it can be very hard for public defenders or other people with defense backgrounds to win in these races because, you know, in doing their jobs they’re representing criminal defendants and some of those cases can be very easily caricatured in ads and that happens all the time where, you know, it’s not just judges being attacked for decisions that they made on the bench. You’ll also see lawyers running for judge being attacked for their representation. Clint: So you spoke a little bit about what you all at the Brennan Center think about as the ideal framework and scenario for mitigating a lot of the issues that exist as a result of judicial elections and money in these sorts of, but also not giving a sort of unfettered power to a governor of a state or what have you. I’m curious what the entry point is to achieving that sort of scenario?Like if someone is listening to this and they’re like, ‘okay, well actually I want to play a role in making sure that we are attempting to put in place the framework that the Brennan Center is advocating,’ how would they go about doing that? Alicia Bannon: With respect to how states structure there judicial selection systems, usually that’s a function of the state constitution and so, you know, in some states that can be changed by a ballot measure, so people in the state can come together and say we want to change our system and we’re going to, you know, put forward a measure to do that. In other states it requires action by the state legislature as well to um, change the constitution. So, you know, I think it depends a little bit on the state that you’re in. The other thing I’ll say though is that, you know, that’s a big reform. That’s probably something that’s going to take, you know, time to do. There’s lots of other work that can be done in the more immediate term for people in states that elect judges, you know, to research their judges, you know, to pay attention to these judicial elections, vote in these judicial elections, make sure they’re voting for good people in those elections. And then I think there’s also other reforms that you can make that don’t require quite as heavy a lift in terms of a constitutional amendment, but you know, to help take money out of the elections by supporting things like public financing for judges in their state, strengthening the rules, the ethics rules around when judges have to step aside from cases in the face of these kinds of conflicts of interest. So I think there’s a lot of intermediate steps that people can call for as well. I think the biggest hurdle to reform that we’ve seen in states across the country, is just a lack of public understanding and engagement on this issue. So I think just understanding this as a problem and saying, you know, this is something that we think needs to be addressed would be a really important first step towards any of these reforms. Clint: Alicia, thank you so much for joining us. This was really informative. I learned a lot and I’m sure our listeners appreciate it. Alicia Bannon: Thank you so much for having me. Josie: That was Alicia Bannon, the Deputy Director for Program Management at the Brennan Center. It was great to talk to you Alicia. Thank you so much for joining us. Clint: Thank you so much we really appreciate it. And thank you for listening to Justice in America. I’m Clint Smith. Clint: You can find us on Twitter at @Justice_Podcast, or like us on Facebook at Justice in America, also subscribe and rate us on iTunes. Every review helps. Josie: Justice in America is produced by Florence Barrau-Adams. The production assistant is Trendel Lightburn. And we’d like to say a special thanks to Jon Hanson for his help on this today. Hope you join us next week.

2019-04-20T16:20:20Z

https://theappeal.org/justice-in-america-episode-14-judicial-elections/

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Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants. 2.6 User. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with PlayerUp as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority. 3.1 General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any PlayerUp Content for the purpose of re–selling or re–distributing PlayerUp’ Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with PlayerUp, or otherwise commercially exploiting PlayerUp Content. Systematic retrieval of PlayerUp Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from PlayerUp is prohibited. In addition, use of PlayerUp Content for any purpose not expressly permitted in this Agreement is prohibited. 3.2 Messages or information sent by a User through communication systems provided by PlayerUp, as well as emails, faxes, letters to addressees, or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.4. 3.3 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by PlayerUp or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks. 3.5 Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. PlayerUp will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, PlayerUp reserves the right to terminate the account of any User if PlayerUp believes that the User’s conduct is harmful to the interests of PlayerUp, its employees, directors, affiliates, or other Users, or for any other reason in PlayerUp’ sole and absolute discretion, with or without cause. 4.2 Notwithstanding Section 4.1, PlayerUp may refuse registration and deny the issuance of an Account and associated User Name and Password to any User for whatever reason or for no reason at all. For any other reason in PlayerUp’ sole and absolute discretion. 4.4 Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of PlayerUp. PlayerUp may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section. 5.1 You must be a Registered User in order to post information on the Site using the self–help submit and edit tools provided by the Site. 5.2 No sales agency relationship is created between any User and PlayerUp, its affiliates, directors, officers or employees by virtue of PlayerUp' display of any of the User's information on the Site. - Otherwise create any liability for PlayerUp, its employees, directors or its affiliates. 5.5 Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to PlayerUp or authorizes PlayerUp to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to PlayerUp or authorizes PlayerUp to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights. 5.6 Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to PlayerUp and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights you have in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known. 5.7 Removal of Material. PlayerUp reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject PlayerUp to liability, violates this Agreement, or is otherwise deemed inappropriate. 5.8 PlayerUp reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, PlayerUp may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, an injured third party, a subpoena, or any other legal action, and PlayerUp shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against PlayerUp for such disclosure. In connection with any of the foregoing, PlayerUp may suspend or terminate the Account of any User as PlayerUp deems appropriate in its sole and absolute discretion. User agrees that PlayerUp shall have no liability to User, including liability for consequential or any other damages, in the event PlayerUp takes any of the actions mentioned in this Section, and User agrees to bear the risk that PlayerUp may take such actions. 6.1 General. PlayerUp provides an electronic web–based platform for exchanging information between buyers (“Buyer”) and sellers (“Seller”) of products and services. 6.3 PlayerUp does not represent the Seller or the Buyer in specific transactions, nor does PlayerUp act as an agent for either Seller or Buyer. PlayerUp does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. PlayerUp uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, PlayerUp cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing. 6.4 Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that PlayerUp shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks. 6.6 Middleman. In addition to Section 6.3, PlayerUp offers a middleman ("Escrow") service and acts as a third party to assist Buyers and Sellers. This Middleman Agreement is made effective on the date in which the seller and buyer commit to buying, trade, exchanging, selling, or agree to any transaction or transactions with us or choose to use our services to facilitate such activities. You will be strictly bound by all of our terms and conditions and associated rules as outlined on this website. 6.7 Middleman Agreement for Buyers. In addition to Section 6.3 and Section 6.6, PlayerUp offers a middleman ("Escrow") service and acts as a third party to assist Buyers and Sellers. All buyers acknowledge that upon issuing any form of payment to PlayerUp for this middleman service, that the buyer is now bound to an exclusive agreement for the rights to this Product Data or Video Game Asset, and that we are not liable for anything involving the Product Data once it has been delivered by means of playerup ticket, conversations, e-mail or any other form of communication. Buyer agrees that once a payment has been issued to PlayerUp, the sale cannot be canceled or refunded unless by written consent by both PlayerUp and the seller. Buyer agrees to avoid voluntarily or involuntarily attempting to recover funds without written approval from PlayerUp. If buyer attemptsto recover funds after the payment to PlayerUp has been completed, buyer is obligated to return all funds initially issued to PlayerUp. If buyer fails to agree to these above conditions set forth by PlayerUp, buyer agrees that they will be liable for costs and damages incurred by the company as a result of your actions, including the funds issued to us on the original payment, any chargeback, recovery collections, court, attorney, or other miscellaneous fees, and any and all other damages including but not limited to purchasing or transferring of the original product, cost of the product, and any additional expenses which were accumulated during your transaction. 6.8 Middleman Agreement for Sellers. In addition to Section 6.3, Section 6.6, and Section 6.7, PlayerUp offers a middleman ("Escrow") service and acts as a third party to assist Buyers and Sellers. PlayerUp, and it's affiliated companies state in the sell section of this middleman agreement that when the seller agrees to the sale, exchange, trade, transfer, or providing of any product for which the seller receives a cash payment, gift card, credit, or a certificate from PlayerUp, the seller agrees that they will transfer all exclusive rights to the buyer for the Product Data or Video Game Asset. Seller agrees that entering a contract with PlayerUp to sell and transfer exclusive lifetime access rights to the Video Game Asset and Product Data that they will receive a percent of the amount they listed the item for sale using PlayerUp's middleman link checkout function. Seller agrees that the percent for which they'll receive from PlayerUp depends on the site fees for the transaction which can be found here: http://www.playerup.com/middleman/escrow/fees.php. Upon agreement to these terms, the seller will be permanently transferring any and all access rights to your Video Game Asset and Product Data to the buyer. The seller hereby guarantee that they have never shared or provided other parties with the Video Game Asset and Product Data information. This includes user name, password, secret question, secret answer, or any information relevant or required to gain access to the Video Game Asset or Product Data. The seller agrees that at no time will you voluntarily or involuntarily attempt to regain access or assist others to regain access to the Video Game Asset or Product Data. The seller agrees that PlayerUp has the right to cancel, void, suspend, or ban any type of sell agreement between all parties if they feel a Security Risk is involved in purchasing your Video Game Asset or Product Data. Failure to take action during a transaction does not constitute a waiver of this right and we may take such actions after transfer has occurred. The seller agrees that if the Video Game Asset or Product Data is retrieved, recovered, recalled, suspended, banned, the password or data account information is changed, or there is alteration to any information or data related to the Video Game Asset or Product Data, that the seller will be held responsible for returning the product data to it's original status for the lifetime duration of the Video Game Asset or Product Data. The seller agrees that they are responsible for a duration of 10 years upon execution of this agreement that the seller will assist PlayerUp and the buyer if either parties informs the seller that the Video Game Asset or Product Data has been retrieved, recover, recall, suspend, ban, change the password or data account information. The seller agrees that Company can require at anytime upon execution of this agreement that they must assist at resolving any issue with the Video Game Asset or Product Data. If the seller fails to comply with the sell agreement, seller agrees that they will return the funds provided to the seller in the transaction along with any funds PlayerUp had to provide to the Buyer, in addition to collections, chargeback, recovery and court fees, and damages done during the time in which the data product was transferred over to the buyer. The seller agrees that if they recover or have any information that would involve the Video Game Asset or Product Data (including means of third party involvement) seller will return the Video Game Asset or Product Data subject to all conditions above within 5 business days of the time the seller receives this Video Game Asset or Product Data information. 7.1 Seller fees. The fees we charge for using our Services are listed on our Seller Fees & Disbursements page. PlayerUp may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions. 7.2 Buyer fees. The fees we charge for processing payments are posted on our Buyer Payments page. PlayerUp may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions. 7.3 Miscellaneous. Users must have a payment method on file when selling or buying on PlayerUp, and Users must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, as well as retaining collection agencies and legal counsel). In addition, Users will be subject to late fees. Also see 8.2 and 8.3 below for fines, deposits, and reimbursement obligations related to violations of this User Agreement. 8.1 PlayerUp as Arbitrator. In the event that any User has a dispute with any other User with regard to a transaction on the Site, such User agrees to submit the dispute to PlayerUp as the arbitrator for final and binding judgment. In order to allow PlayerUp to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. PlayerUp reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders which are still active or pending. 8.2 Obligation to Reimburse. If a Seller is required to reimburse the Buyer or PlayerUp, the Seller authorizes PlayerUp to remove the reimbursement amount (in same or other currency) from their designated payment method (i.e. PayPal, Skrill, etc.) on PlayerUp. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes PlayerUp to charge any reimbursement amount owed to the payment method on file. PlayerUp may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide PlayerUp with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. 8.3 Fines. In the rare event that PlayerUp determines that a dispute between Users is due to a User’s breach of this User Agreement, the breaching User authorizes PlayerUp to levy a fine against the User’s payment method, up to $1000.00. In addition, PlayerUp may suspend or ban the User’s Account, and/or require a deposit of up to $1000.00 to reactive the User’s Account. 8.4 Release. If you have a dispute with one or more Users, you agree to release and indemnify PlayerUp and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release. 9.1 THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PlayerUp HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 9.2 PlayerUp MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. PlayerUp DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND PlayerUp MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE. 9.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from PlayerUp or through or from the Site shall create any warranty not expressly stated herein. 9.4 Force Majeure. Under no circumstances shall PlayerUp be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non­performance of third parties. From such User’s breach of any representations and warranties made by the User to PlayerUp, including but not limited to those set forth in Sections 5.3, 5.4, and 5.5 above. 9.7 Right to assume defense and control. PlayerUp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with PlayerUp in asserting any available defenses. 9.8 PlayerUp reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall PlayerUp or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise). 9.9 Third-Party Content. PlayerUp is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither PlayerUp nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither PlayerUp nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance on such Third Party Content. In addition, neither PlayerUp nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. 9.10 Third-Party Websites. PlayerUp may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. User acknowledges that PlayerUp has no control over such third party websites, does not monitor such websites, and neither PlayerUp nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites. 9.11 Regardless of the previous provisions, if PlayerUp is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to PlayerUp in the 12 months prior to the action giving rise to the liability, or c) $100. 10.1 General. PlayerUp is the sole owner or lawful licensee of all the rights to the Site and the PlayerUp Content. The Site and the PlayerUp Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the PlayerUp Content shall remain with PlayerUp, its affiliates, or licensors of the PlayerUp Content, as the case may be. All rights not otherwise claimed under this Agreement or by PlayerUp are hereby reserved. 10.2 Trademarks and Service Marks. "PlayerUp,” "PlayerUp.com" and related icons and logos are registered trademarks or trademarks or service marks of PlayerUp in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Immediately upon PlayerUp’ posting of such notice on an area of the Site that is publicly accessible without charge. 12.1 PlayerUp responds to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Visit http://www.playerup.com/support/policies-dmca.15/viewquestion to learn how to submit a notice to PlayerUp. 13.1 PlayerUp is owned and operated by Loot Inc. You and PlayerUp agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the PlayerUp User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through PlayerUp’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and PlayerUp have against each other are resolved. 13.2 Applicable Law. You agree that the laws of the State of Washington, without regard to the principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and PlayerUp, except as otherwise stated in the User Agreement. 13.3 Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association. You and PlayerUp each agree that any and all disputes or claims that have arisen or may arise between you and PlayerUp relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to PlayerUp’ Services, or any products or services sold, offered, or purchased through PlayerUp’ Services shall be settled exclusively through final and binding arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Seattle, Washington, and the language of arbitration shall be English. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington and Title 9 of the U.S. Code (United States Arbitration Act) shall govern the interpretation and enforcement of this Agreement to Arbitrate. 13.4 In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to PlayerUp in the 12 months prior to the action giving rise to the liability, or c) $100. 13.5 Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. 13.6 Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. By authenticating this document you fully agree not to disclose any Confidential Information regarding this Agreement or any business transactions or disputes you conduct or have conducted with us, including discussing, revealing, divulging, or publishing such information in any manner whatsoever without specific prior written consent from us. This also includes any information related to such transactions or created or revealed in the contemplation of such business transactions. Consent from us may only be given in writing by an us officer or attorney. Disclosure may be made to a party attorney, accountant, or financial adviser so long as that person is made aware of the confidential nature of the information and fully agrees to maintain the same level of confidentiality, and we are informed of the disclosure as soon as possible. Disclosure may be given if a party is obligated by a valid and binding Court Order or Subpoena, though a party providing such disclosure must inform us as soon as possible of such a request. 13.7 Reviews, Comments, Communications, and Other Content. You may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, libelous, slanderous, invasive of privacy, infringing on intellectual property rights, constitutes a defamatory or privacy tort, or is otherwise injurious to third parties or objectionable. Such content must also not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of the information you provide. 13.15 Relief. You hereby understand and agree that violation of this Non-Disclosure Agreement creates a substantial likelihood of irreparable damage to us and we are thereby entitled to injunctive relief to prevent the possibility of such harm occurring. Additionally, the aggrieved party is entitled to compensatory damages and reasonable attorneys' fees arising from obtaining such injunctive or compensatory relief. This relief in no way constitutes a full remedy unless expressly stated so by the parties. You affirm that we have the right to obtain injunctive and/or compensatory relief, including damages, as well as collect attorney and court fee(s), on any breach of this Agreement. You agree that you are responsible for your own costs and expenses, including attorneys' and court fees, associated with this Agreement and will not demand such costs from us. 13.16 Information. The parties agree never to share information regarding the agreement or any information related to the agreement or the other parties to any third-party provider. This includes any information relevant to any asset data, source code, information, e-mails, electronic messages, posts, physical correspondence, discussions, statements, or any information of any asset, product, or service rights transferred to another party to this contract, except in the following circumstances. 13.16(1) Company reserves the right to disclose information to any third party involved subsequently after the Company has sent a notice of breach of agreement to you or a dispute arises involving the agreement. 13.16(2) In the event of a complaint being filed with the Company by e-mail or other electronic means regarding any disputes claiming that the asset or character data, source code or information transferred to you upon purchase with the Company has been altered, changed suspended, banned, or in some other way has stopped working beyond your control, Company may use the electronic data sent. This data will not contain another party's account asset or character data, source code, information, or e-mails prior to the electronic delivery of your service or product. 13.17 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PlayerUp AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PlayerUp AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PlayerUp USERS. 13.18 Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and PlayerUp must be resolved exclusively by a state or federal court located within the state of Washington. You and PlayerUp agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington, for the purpose of litigating all such claims or disputes. 14.1 No person, employee, agent or entity affiliated in way to any game publisher or developer, including, without limitation, Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD., is authorized to use or access this site or to utilize the services provided herein. You agree to indemnify PlayerUp, our employees, subsidiaries, affiliates and officers as harmless from any claim or demand, including attorneys' fees, made by a third party arising out of any breach of these conditions you conduct, as well as any breach of other terms and conditions from third parties you breach, as well as any terms and conditions incorporated by reference. 18.2 Parties. “We”, “us”, “our” and all other first person pronouns and the like refer to PlayerUp. All references to “you” “your” and all other second person pronouns refer to any users, buyers, sellers, or other third parties accessing or using any of PlayerUp websites, intellectual property, or other services. 18.4 Partnership. PlayerUp and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement. 18.5 Waiver. The failure of PlayerUp to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision. 18.10 Defamatory and Privacy Torts. "Defamatory and Privacy Torts" includes publishing a untrue and harmful statements about us or its affiliates or employees. 18.11 Publish, Publishing, or Publication. "Publish, Publishing, or Publication" means DISCLOSURE TO ANY THIRD PARTY by issuing, revealing, divulging, or posting matter for sale or disruption. This includes digital communications such as posting in web forums, chat messaging programs or chat rooms such as IRC discussions. 18.12 Protective Order. "Protective Order" (also known as a gag or suppression order) means a legal court order that prevents the disclosure of sensitive information and is intended to protect us from harm or harassment. 18.13 Restraining Order. "Restraining Order" means a legally binding order that prevents a party or individual from either engaging in, continuing, or stopping an activity described in its contents. Such an order is intended to protect us from further harm or harassment and carries significant consequences for its breach. 18.15 Video Game Asset. "Video Game Asset" means virtual property within video games, virtual worlds, and social sites including but not limited to: characters, accounts, inventory, items, in-game currency, funds, and all other virtual property linked to gaming systems. 18.16 Product Data. "Product Data" means data which includes the account and password used to access the video game asset or other data. 18.17 Security Risk. "Security Risk" means that the Video Game Asset or Product Data which we are set to acquire has a risk of breaching our sell agreement. 19.2 You will not publish your contact information or others' contact information anywhere on our site excepting designated areas in which we explicitly require it. 19.4 You must be of 18 years of age to use our site or have parental permission to do so. You may not misrepresent your identity in any way to us or other users. You must provide valid, complete, and active contact information to us, including a valid phone number and email address. We grant you a strictly limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent as given by our officers or attorneys. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

2019-04-19T21:05:41Z

https://www.playerup.com/pages/termsofservice/

If you’re heading somewhere like Iceland or Finland in winter, the chances are you are hoping to see and photograph the Northern Lights, also known as the Aurora Borealis. This spectacular phenomenon is truly wonderful to behold, and getting pictures of the aurora is a great way to remember the experience. That said, taking pictures of the Northern Lights is a notoriously tricky business. It’s going to be dark, which is when most cameras struggle to produce great images. It’s also likely to be cold, the lights will be moving, and even simple tasks like getting the focus right can be difficult. In my opinion, Northern Lights photography is one of the more challenging types of photography to get right. To help you out, I’ve put together this guide to how to photograph the Northern Lights. I’m going to share with you everything you need to know, from camera settings, to equipment, to tips on where to go to get the best photos of the Northern Lights. This is based on my years of experience as a travel photographer and various occasions chasing the Northern Lights in different locations around the world, as well as more general astrophotography experiences. Note that whilst this guide is for the Northern Lights, it will also work for the Southern Lights, also known as the Aurora Australis. These are generally harder to see as there are less accessible landmasses near the south pole, but they can sometimes be seen from New Zealand, the Falkland Islands and the southern tip of Argentina. Can I still photograph the Northern Lights without manual settings? Can you Photograph the Northern Lights with an iPhone or Smartphone? Before you set out, camera in hand, ready to photograph the Northern Lights, you’re going to need to be somewhere where you have a good chance of actually seeing them. Generally, the best place to see the Northern Lights is from a northerly latitude – somewhere either close to, or inside, the arctic circle. The arctic circle is a line of latitude at around 66 degrees north, or anywhere within approximately 1,200 miles of the north pole. The best viewing latitudes are from around 68 degrees north to 74 degrees north, which is usually where the strongest Northern Lights displays are seen from. This basically means you need to be fairly far north for the best viewing opportunities. The northern regions of Finland, Sweden and Norway for example, make for good viewing in Europe. Iceland is also a popular destination, as the country lies very close to the arctic circle. Large swathes of Canada and Russia are also close to or inside the Arctic Circle, as is Greenland. If there is particularly strong activity, it’s also possible to see the Northern Lights from more southern latitudes, including in Scotland where I have seen them, as well as the northern United States. However, the best chance of seeing the Northern Lights is definitely further north. Some of these locations, like Finland, are particularly well set up for Northern Lights viewing, with fun accommodation like glass igloos which can give you both a great viewing experience, as well unique sleeping experience. Iceland is also a popular northern lights viewing destination, with many northern lights viewing tours on offer. We have lots of content on both these destinations to help you plan a trip. See our guide to visiting Finland in winter for more information, and our guide to planning a trip to Iceland as a starting point. The best time to see the Northern Lights is from September to April. This is when the skies are dark enough to see them. Personally, I would add that the months of September and March are my favourite time to try and see the lights. This is because in the northerly latitudes, the depths of winter can be a particularly cold time. These shoulder months tend to be a little less cold, and make the experience of Northern Lights hunting more pleasant. Of course, you will have to factor in local weather patterns—if you’re visiting a country where it rains a lot in a certain month for example, you’ll want to try and avoid that! February and March are more likely to offer shots of the Northern Lights against snowy landscapes, which are particularly beautiful. Photographing the Northern Lights is a test for any camera (and photographer!). Whilst for the majority of photography I would argue that the camera is generally less important than people might think, for some situations a good camera and lens will make a big difference. Northern lights photography is one of these situations! The reason for this is that the Northern Lights are only visible when it is dark. And whilst most cameras will take great pictures in daylight, taking great pictures when there is limited light available is a real test. This is why you might find your smartphone does a great job in daylight, and not so great a job indoors or at night. The reason for this is down to the way a camera records an image. A camera works by capturing the available light on a light-sensitive sensor inside the camera. In the past, this was predominantly a piece of film where the chemicals reacted to the light. Today, this is done digitally. Digital technology has meant that we can now have cameras in many things we didn’t have cameras in before, however, it also means that the sensors have gotten a lot smaller. To fit a camera inside your smartphone means that the sensor is way smaller than the sensor inside a professional DSLR camera. In most daytime situations, this doesn’t make too much difference because there is loads of light available. At night however, it’s a different story, and the small sensors in smartphones and compact cameras will struggle to pick up enough light to produce a usable image – even with a relatively strong Northern Lights display. All is not lost though. You don’t need a super expensive camera to capture the Northern Lights, as long as you have the right equipment overall. Let’s look at what that is. It goes without saying that you are obviously going to need a camera to take pictures of the Northern Lights! The basic requirement is that the camera lets you control the shutter speed. The shutter is a physical barrier between the cameras sensor and the light passing through the lens, and the shutter speed dictates how long this opens when you press the shutter button. Low-light photography requires you to take photos where the shutter is open for a prolonged period of time, usually between 5 and 30 seconds. This is also referred to as long-exposure photography. Many cameras let you control the shutter speed, including some smartphones, some compact cameras, and the vast majority of mirrorless cameras and DSLR cameras. Check your camera to see if it has either a manual mode or a way of otherwise controlling the shutter speed. This will either be accessed via the camera mode dial, or somewhere else in the settings. If it’s not immediately obvious, check the camera’s manual, or just search online for something like “change shutter speed <your camera model>”. You should also check to see what the maximum exposure it will allow is—this is normally around 30 or 60 seconds, but may be less in the case of smartphones or compact cameras. To check, just put the camera into shutter priority or manual mode and adjust the shutter speed until it’s as slow as it goes. For example, on my Canon camera, the slowest shutter speed I can do in shutter priority or manual mode is 30 seconds, which is indicated as 30″ on the screen. My Google Pixel 3 smartphone has a maximum 4 second shutter speed. I mentioned that you don’t necessarily need a high end camera to get good photos of the Northern Lights, however, you will get better results with a camera that has a bigger sensor. As a rule of thumb, you can order camera types as follows for northern light photography, from best to worst. Those at the top of this list have the largest sensors, meaning they can capture more of the available light. If having read all this you think you might be in the market for a new camera, check out our guides to the best compact cameras, mirrorless cameras and DSLR cameras, as well as our guide to choosing a travel camera. The Northern Lights are a phenomenon that can take up a great deal of the night sky. If you are lucky, it will span from one horizon to the other, and fill your field of vision. In order to capture this incredible display, you are going to want a suitable lens that lets you get an image of as much of the sky as possible. If are shooting with a camera that doesn’t have an interchangeable lens, just zoom out as far as possible to get as much in. If you do have a camera that lets you change lenses, you’re going to want to use what’s called a “wide-angle” lens. This is a lens which has a very wide field of view, and it will let you capture more of the night sky. You can tell a wide angle lens by its focal length. Focal length is a measurement used in photography to indicate what the field of view of a camera is. A wide angle lens will usually have a focal length from around 8mm (very very wide) to 24mm (still wide but not so much!). The exact focal length will vary depending on the type of camera you have and the size of the sensor. For a full frame camera for example, a wide angle lens like this 16-35mm Canon lens, or this 14-24mm Nikon lens would be perfect. Third party solutions like this 14mm prime from Rokinon provide great value alternatives. The other consideration is the aperture of the lens. The aperture is the hole in the lens that lets light in – it’s similar to the pupil in your eye. Much like your pupil, the aperture can be larger or smaller. When it’s larger, more light will come in. You want a lens that opens as wide as possible to let as much light in as possible. A range of f/1.8 – f/4 is best. The smaller the number, the wider the aperture, and the more light will come in. Here are some lenses to consider for northern light photography, across a variety of camera systems. There are of course a great many other lenses to choose from at a variety of price points, but these should give you a good starting point. We also have a guide to the best lenses for travel photography in general if you are in the market for a new lens. To take photos of the Northern Lights, you need to shoot at longer exposures – usually from 5 to 30 seconds. Obviously, you won’t be able to hold your camera still for that length of time, and if you try to do so, you will end up with blurry images as the camera picks up your hand movements. Generally, it’s hard to hold a camera still for longer than around 1/60th of a second – let alone 5 seconds or more! To solve this problem, you’re going to need a tripod, which I would suggest is a mandatory accessory for northern light photography, as well as other long exposure photography like astrophotography or for taking pictures of fireworks. A tripod will let you stabilize your camera and allow you to take a photo without holding the camera, meaning you’ll get sharp images even for long exposures. As well as a tripod, we suggest investing in a remote shutter release. When your camera is on the tripod, you still need a means of taking the picture, and pressing the shutter button can still cause some movement. A remote release like this will prevent that from happening. Note that nowadays a lot of cameras come with WiFi or Bluetooth connectivity, meaning you can trigger the photo from your smartphone. In cold weather though you might not want to take your gloves off, so a remote release is still a good idea! We think a tripod is essential for all sorts of photography, and we give our reasons why in our guide to why you need a travel tripod. We appreciate of course not everyone will want to invest in an expensive tripod though, or carry something large around, so we’ve come up with this short list of travel tripods to consider. These focus on being lightweight and smaller than some of the higher end tripods out there – perfect for travelling with. As well as all the above, there are a few other things you’ll definitely want to consider bringing when heading out to photograph the Northern Lights. As it’s likely to be cold (I’ve been out shooting at -35!), you will definitely want to wrap up warm, with thermal baselayers, gloves, a hat, warm jacket and so on. See our guide to what to pack for winter in Finland and what to pack for winter in Iceland as a starting point for your packing list. You’ll also want to prepare your camera for the cold. I have a whole post on cold weather photography you should check out, which includes specific tips like bringing along sealable plastic bags and spare batteries. Finally, you will also want some sort of flashlight or torch. The light on your smartphone is one option, but you might find a headtorch to be easier as it will keep your hands free. I would also recommend that you get one that has the option to shine a red light (like this one) rather than a white light, as this will help you preserve your night vision. Now you’re ready to head out and take some pictures of the Northern Lights! At this point, you’ll need to know how to set your camera up. The bad news is that there is no one size fits all optimal camera setting for Northern Lights photography. The lights vary greatly in intensity and movement, depending on how lucky you are. Sometimes there will just be a faint glow, almost like green clouds. Other times, the sky will seem to be alive with green and red fire, undulating before your eyes. So you will definitely need to be prepared to review and adjust your settings as you go. However, there are some parameters for each setting that you will generally be shooting at. I’ll go through each of these. The first thing you need to do is make sure your camera is in the right mode for taking pictures of the Northern Lights. I would suggest putting the camera into fully manual mode, which will give you total control. Manual mode is usually accessed by the cameras main mode dial. On most cameras, this is found on the top of the camera body, and is a round dial you can rotate to different modes. One of these will likely be Auto, and then there will be a variety of other options. If your camera doesn’t have a mode dial, you’ll want to get into the settings menu to find a suitable mode. For a smartphone, this will be through one of our recommended apps, for a compact camera this will vary by model. If you do have a mode dial, manual mode will usually be marked as “M”. “M” mode means you have to set everything on the camera yourself – shutter speed, aperture and ISO. These three controls are commonly referred to as the “exposure triangle”. This is because adjusting any of them will affect the exposure, or overall brightness of the image. The goal is a correctly exposed image – not too bright, and not too dark. Now we’ll look at each of these settings individually. The shutter speed you pick for Northern Lights photography will depend a great deal on the movement of the lights in the sky, and the brightness of the lights. If the lights are pulsating relatively quickly and are quite bright, then you will want a relatively short shutter speed – around five seconds. Otherwise the clear patterns that your eyes see will be replaced by more blurry soft shapes as the camera captures the movement. A slower shutter speed will let less light in, so you might need to compensate by increasing the ISO. The aperture should already be set as wide as possible. If the lights are quite dim, or are not moving very much, then you can use a longer shutter speed (e.g., 15 or even 30 seconds). This will let more light in, so you will get brighter images. If they are looking too bright, you can reduce the ISO, which will also give you cleaner, less noisy images. You will usually want to pick as wide an aperture as possible for Northern Lights photography, to let as much light in as possible. Changing the aperture from f/4 to f/2.8 results in twice as much light being let in, which can make a huge difference to your photo. This is why the lenses I recommended for Northern Lights photography all tend to offer these wide apertures. They are also often referred to as “fast” lenses, because you can use a faster shutter speed due to the extra light the aperture lets in. For Northern Lights photography, I would advise using the biggest aperture the lens has available. Usually you would not want to change this – you will instead adjust shutter speed and ISO depending on the conditions. The ISO of your camera dictates how sensitive the camera’s sensor is to the light. If you increase the ISO, the camera becomes more sensitive, meaning the images will be brighter. Unfortunately, the side effect of increasing the sensitivity is that the images become noisier. This basically means there are going to be unwanted artefacts in the image, which can result in grainy shots. This graininess is often hard to see on your camera display, and will only be obvious when you get your photos onto a computer screen for editing. Different cameras have different capabilities. The majority of more modern cameras produce acceptable images up to ISO settings of 3200 or 6400. Some high end cameras can go well beyond this, whilst some compact cameras will struggle above ISO 1600 or even ISO 800. My advice is to experiment with your particular camera in advance of your trip, and check what is acceptable to you. The caveat here is that sometimes you won’t have a choice – if you can’t open the aperture any wider, and you can’t increase the shutter speed without getting a blurry image, then your only option is to increase the ISO. A noisy image is always preferable to a blurry image in my opinion, and noise can, to an extent, be edited in post production. In addition, noise is usually more of an issue if you are planning on blowing your images up to large sizes. For small prints, social media use, and sharing with your friends it likely won’t be an issue. Back to the main question! I would suggest starting at an ISO of 1600 and seeing what results you get. If the lights are dim, you might need to increase this to 3200 or even 6400. If the lights are fast moving, requiring a faster shutter speed, you might also need to increase it to let enough light in. So you have all your settings ready to go, and you’re pretty much ready to photograph the Northern Lights. There’s still one thing you’re going to have to do, which is actually one of the harder parts of shooting at night, and that is to focus your image. Most camera autofocus systems require a minimum amount of light to work, and can struggle when it is dark. So you need to prepare for this and know how you are going to get a sharp focus. The Northern Lights are relatively far away, so if you have a camera with manual focus, I advise setting it to manual focus mode and adjusting the focus using the manual focus ring (usually found on the lens) to the infinity mode. Note that some cameras, in particular Canon cameras, need to be focused just before infinity in order to get sharp images. It can be very hard to find focus in the dark, so my suggestion is to practice with your camera in the daylight, find the sharp focus point on a distant object, and make a note of where this is. If your camera has a focus ring, you could make a mark with a permanent marker so you know where it is. If you have a DSLR, using the live view instead of the optical viewfinder can also make finding focus easier. My tip is to zoom in on a part of the image on the liveview and try to find something like a star or other point of light that you can use as a focal point. If your camera doesn’t have a focus ring, it might have a manual focus option in the menu. If not, you will have to rely on the autofocus mechanism. If this is the case, try and find the brightest part of the sky and select that as s focus point. If you don’t get your focus right, you might get home with images that look like this, which is not going to be ideal! When taking photos, we sometimes have a choice of what type of image file format we want to save. The majority of cameras by default will save images as JPG (or JPEG) files. These are a compressed file format which are widely supported, and can be directly viewed or shared without any editing required. The other file format is known as RAW. This is an uncompressed data format which varies from camera to camera, and it is the file format which keeps the most data from your images. For shooting the Northern Lights, if your camera supports RAW, I would highly recommend you use RAW. Alternatively, most cameras also support a RAW + JPG option, which offers the best of both worlds at the expense of using up more memory card space. Shooting in RAW will give you greater control over the image, and will let you bring out the best of your photos using editing software after your shoot. For more on RAW, see my guide to RAW in photography. If you’re in the market for software to edit your RAW files, we have a guide to the best photography editing software too. Here’s a quick cheat sheet to help you remember your Northern Lights photography camera settings. That should get you started, but do review your photos as you go to be sure they are turning out as you want, and adjust as necessary as the sky changes. Here’s a downloadable image to help you remember the above. You are welcome to share and use this image, but please accredit it back to this article with a link if you do. If you read all the above and are worried that your camera doesn’t have a manual mode, and so you think you might not be able to photograph the Northern Lights, I have some good news. You can still photograph the Northern Lights with a compact camera or any camera that doesn’t have full manual controls. The results might not be quite as impressive, but at least you will get something to remember the moment. Here are some tips for photographing the Northern Lights with a compact camera or other camera that doesn’t have full manual control. Use a tripod. Even with a compact camera or smartphone, you will need a tripod to stabilise your camera to get the best images. See if the camera has any special modes for night photography. Some cameras have special night mode, long exposure modes, or fireworks modes. These will tell the camera software to take a long exposure. Disable the flash. At night there isn’t much light, and nearly every compact camera will try to compensate for this by firing the flash, which will have zero effect. You need to disable the flash so this doesn’t happen. Manually set the ISO. Most compact cameras will allow you to set the ISO yourself, even if they don’t have full manual controls. If they don’t let you set the exact number, they might let you set it as “High”, so the camera knows to use a higher ISO than normal. The answer is that yes, you can photograph the Northern Lights with an iPhone or other smartphone. However, there are some caveats! First of all, you are going to need some means of stabilizing your camera so it can take photos without picking up on your hand movements. The best option is going to be a phone mount for a tripod, or just a mini phone tripod. You will also need a way of directly adjusting the shutter speed. There are phone apps that will let you do this if the built-in app on your smartphone doesn’t allow for manual shutter speed settings. On Android, we recommend Open Camera, and on iOS we recommend the VSCO app, both of which let you manually set the shutter speed, and both of which are free. The majority of smartphones have a fixed wide open aperture, so you won’t need to change this. They will also usually set the ISO for you, but if you can control the ISO you will want to set it to a high value if you can. The below image was shot hand held with a Google Pixel 3 smartphone in night mode. As you can see, the image is certainly obvious as to what it is, but it’s not without its flaws, despite the Pixel 3 being widely regarded as having one of the better low light smartphone cameras. Now you know what you are doing when it comes to taking photos of the Northern Lights from a technical point of view. However, photography is not just about knowing how to set up your camera – whatever it is you are taking photos of. A great photo is more than having just the correct settings on your camera, it needs to be well composed. This is no different for the Northern Lights. Whilst they are spectacular in their own right, you will still want to follow the rules of composition. A good idea is to find a foreground subject like a cute cabin or igloo, that helps to put a bit more of context, scale, and story in your image. A person or even a line of trees will also help. If you are close to a body of water and it is a calm night, you can use this to create a reflection too. Another thing to bear in mind is that the Northern Lights are best seen when there is little to no light pollution. This means that you need to get far away from any sources of light to get the best views. If you are in a city, you will want to drive out of it and away from the glow. Of course, if the display is very powerful, some lights are not a big deal, as in this image, where the streetlights do not overwhelm the show. Compare that to this image, where the Northern Lights are almost lost in the haze of the city lights. But overall, you want to be somewhere as dark as possible to see the lights. If you have a foreground subject you want to illuminate, you can use a flashlight or even your smartphone light to illuminate it. Finally, don’t forget to enjoy the show. It can be easy to become overwhelmed with trying to get the perfect image, but you don’t want to miss one of the great experiences of life because you were busy staring at the back of your camera screen. Take your photos, but don’t forget to just look at the sky and be in awe of the display that nature is putting on. If you have a smartphone, there are some apps that you might find useful. As well as the previously mentioned apps that you can use for northern light photography, there are some others that I also suggest you will find useful. If you are somewhere with access to the internet, then I can highly recommend getting an app that will notify you of aurora activity. These will take aurora forecast data from various sources, as well as weather data, and will notify you if there is a chance of seeing Northern Lights activity in your area. I have seen Northern Lights activity thanks to being notified by these apps, and they are in my mind invaluable. I have tried a few, and have settles on My Aurora Forecast Pro. I have found it to be the most reliable app that doesn’t drain my phone battery, but has always reliably alerted me to aurora activity. This is available for both Android and iOS, and is available in both free (ad-supported) and paid versions. The Photographer’s Ephemeris, also known as TPE, is an incredible app (and also a website) which uses a combination of mapping data and astronomy data to provide you with detailed information as to where the sun or moon will be. You can choose any point on earth using the map interface, and it will show you for that point what time the sun will rise and set, what time the moon will rise and set, and where in the sky the sun or moon will be. I find it really useful for scouting out locations ahead of time. It has satellite imagery as well as normal mapping data, so from a Northern Lights hunting perspective, is also a handy way of figuring out where you might find areas with limited street lighting (usually remote areas with no buildings). If you are visiting somewhere like Iceland or Finland, one good option for seeing the Northern Lights is to take a specific tour. The most common options are evening tours where you will be taken to good dark locations for viewing the northern lights. Some tours also include activities like snowmobiling. Here are some evening tours we suggest looking at for Iceland and Finland. Note that some companies have a policy where if you don’t see the northern lights on your trip, they will let you take another tour for free. So these are a good option. In Iceland, there are a number of companies offering evening Northern Lights tours. We suggest looking at the listings for Northern Lights Tours on Viator, GetYourGuide, Iceland Travel and Guide to Iceland. Some examples include this coach based tour, this small group tour, this well reviewed and good value coach option, and this more private super jeep tour. Finland is a very popular destination for the northern lights, with a large part of the country (anywhere north of Rovaniemi), actually inside the arctic circle. Tours depart from a number of locations in the country, predominantly from Rovaniemi, Levi, Saariselkä, and Ylläs. We’d suggest looking for northern lights tours on Viator and GetYourGuide. As examples of what is available, here’s a tour by snowmobile, this is a dedicated northern lights photography tour, and this is another northern lights photography tour. Canada is definitely the easiest place to see the Northern Lights from in North America. There are lots of tours to choose from, including this selection on GetYourGuide and these on Viator. Examples of what are available include this four hour tour in Yukon, and this tour from Yellowknife. It’s also possible to book a longer multi-day tour that focuses on seeing the Northern Lights, which will give you the best chance to see and photograph them. Here are some options to consider. Visiting Iceland in winter offers spectacular landscapes to explore, and wonderfully warm hot springs to relax in. Plus there’s the bonus of seeing the northern lights! Here are some multi-day guided tours that include northern lights viewing on Iceland Travel, Guide to Iceland, Tour Radar and Intrepid Travel. As an example, this 6 night tour of Iceland’s southern region with Intrepid Travel offers lots of options to see the Northern Lights, as well as many of the other highlights Iceland has to offer! There are a number of multi-day winter tours listed on Viator, the majority of which include northern lights viewing opportunities. Greenland is a massive island in the North Atlantic, and much of it lies above the arctic circle. A low population means minimal light pollution, offering excellent northern lights viewing opportunities. Here’s a 10 Day tour of Greenland in winter, giving you lots of opportunities for seeing the Northern Lights from a very northerly latitude. With so much of Canada sitting at a northerly latitude, and with a relatively sparse population in these regions, Canada makes for a fantastic viewing location for the Northern Lights. Here are some multi-day northern lights tours on Tour Radar and Viator to get you started. For examples are what are available, take a look at this 11 day tour of the Canadian Rockies, and this 4 day tour of Whitehorse from Vancouver. Hopefully this guide to taking pictures of the Northern Lights has helped prepare you for seeing and photographing this wonderful display. We’ve also have a number of other photography related posts and resources that we think you will find useful to help you improve your photography. If you’ve read this post and now think that a new camera might be in order, we have a detailed guide to the best travel cameras, as well as specific guides for the best compact camera, best mirrorless camera and best DSLR camera. If you have a camera and want to upgrade to a new lens, we also have a guide to the best camera lenses. Note that these are for travel photography in general though, the recommended lenses section of this post will be more useful for Northern Lights photography. And that’s it! As always, we hope you found our guide to Northern Lights photography helpful. We’re also happy to answer any questions you might have in the Comments section below.

2019-04-26T00:10:46Z

https://www.findingtheuniverse.com/photograph-northern-lights/

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As oviparous fish, rainbow trout change their nutritional strategy during ontogenesis. This change is divided into the exclusive utilization of yolk-sac reserves (endogenous feeding), the concurrent utilization of yolk reserves and exogenous feeds (mixed feeding) and the complete dependence on external feeds (exogenous feeding). The change in food source is accompanied by well-characterized morphological changes, including the development of adipose tissue as an energy storage site, and continuous muscle development to improve foraging. The aim of this study was to investigate underlying molecular mechanisms that contribute to these ontogenetic changes between the nutritional phenotypes in rainbow trout alevins. We therefore analyzed the expression of marker genes of metabolic pathways and microRNAs (miRNAs) important in the differentiation and/or maintenance of metabolic tissues. In exogenously feeding alevins, the last enzyme involved in glucose production (g6pca and g6pcb) and lipolytic gene expression (cpt1a and cpt1b) decreased, while that of gk, involved in hepatic glucose use, was induced. This pattern is consistent with a progressive switch from the utilization of stored (gluconeogenic) amino acids and lipids in endogenously feeding alevins to a utilization of exogenous feeds via the glycolytic pathway. A shift towards the utilization of external feeds is further evidenced by the increased expression of omy-miRNA-143, a homologue of the mammalian marker of adipogenesis. The expression of its predicted target gene abhd5, a factor in triglyceride hydrolysis, decreased concurrently, suggesting a potential mechanism in the onset of lipid deposition. Muscle-specific omy-miRNA-1/133 and myod1 expression decreased in exogenously feeding alevins, a molecular signature consistent with muscle hypertrophy, which may be linked to nutritional cues or increased foraging. Recent molecular tools have allowed for a more detailed understanding of the nutritional and endocrine regulation of the intermediary metabolism in adult rainbow trout [Oncorhynchus mykiss (Walbaum 1792)]. Several studies of key metabolic tissues of adult rainbow trout have elucidated molecular mechanisms involved in metabolic regulation in the liver (Plagnes-Juan et al., 2008; Mennigen et al., 2012), muscle (Seiliez et al., 2011; Gabillard et al., 2010), adipose tissue (Polakof et al., 2011; Cruz-Garcia et al., 2012), brain (Polakof et al., 2007; Polakof et al., 2008) and Brockmann bodies (Polakof et al., 2008). These experiments largely support the notion from mammalian model systems that, albeit not exclusively, many metabolic pathways are finely regulated at the level of gene expression of key enzymes (Desvergne et al., 2006). In addition to these ‘classical’ metabolic genes, recent studies in mammalian model systems have shown that microRNAs (miRNAs) constitute important regulators of intermediary metabolism in several tissues (Rottiers and Näär, 2012). This finding is not surprising, as miRNAs have been shown to postranscriptionally regulate metabolic target genes directly or indirectly through important signaling pathways involved in the coordination of cellular metabolism (Tibiche and Wang, 2008). Indeed, preliminary evidence suggests that their roles in fish metabolism may be conserved (Her et al., 2011; Mennigen et al., 2012), in line with the highly conserved nature of many miRNAs in the vertebrate lineage (Lee et al., 2007). With this increasing availability of molecular tools, we wanted to determine for the first time the underlying molecular mechanisms (mRNAs and miRNAs) that are associated with the transition between endogenous (vitellus) and exogenous (diet) feeding in rainbow trout alevins. The understanding of nutrition in fish larvae and/or alevins is not only an important question in developmental biology, but also has critical importance to aquaculture, as the lack of its understanding is considered to be one of the contributing factors in the high larval mortality observed in commercial fish rearing (Li and Leatherland, 2008; Conceição et al., 2010). The present study therefore specifically aimed to investigate expression changes of genes and miRNAs associated with intermediary metabolism in rainbow trout alevins, which undergo a rapid ontogenetic switch in nutritional strategies (Vernier, 1969) that is characteristic of oviparous fish development (Balon, 1986). Briefly, the succession of nutritional strategies in rainbow trout progresses from an exclusive reliance on endogenous yolk-sac reserves (Vernier stage 1–35) to a stage of mixed feeding after the first meal (Vernier stage 36), which is characterized by the concurrent use of exogenous food and remaining yolk-sac reserves, to an exclusively exogenous nutrition (Vernier stage >37). However, little is known regarding the potential molecular regulation of metabolic pathways in this process, or the potential role of miRNA in the acquisition of the capacity to utilize external feeds. Specifically, we assessed potential changes in global intermediary metabolism between nutritional phenotypes by investigating the expression of genes of glucose metabolism (glycolysis and gluconeogenesis), lipid metabolism (lipogenesis and β-oxidation) and amino acid metabolism (amino acid catabolism). Additionally, we investigated the expression of specific miRNAs and their predicted target genes, whose function in metabolic tissues has been characterized in mammalian models (Rottiers and Näär, 2012). The miRNAs investigated in this study have either been associated with the differentiation and function of specific metabolic tissues in mammals, such as a role for miR-33 and miR-122 in proliferation and lipid metabolism in the liver (Cirera-Salinas et al., 2012; Elmén et al., 2008), a role for miRNA-143 in the differentiation of adipose tissue (Esau et al., 2004) and miR-1/133 in the differentiation of muscle (Chen et al., 2006), or are ubiquitously expressed in mammalian metabolic tissues, where they have important metabolic roles in the regulation of insulin signaling, such as miR-29 (Pandey et al., 2011; Rottiers and Näär, 2012) and miR-103/107 (Trajkovski et al., 2011). Indeed, the recent identification of several conserved rainbow trout homologues of these miRNAs (Salem et al., 2010) and the postprandial hepatic regulation of some of these miRNAs in rainbow trout suggest a conserved metabolic role for these miRNAs in rainbow trout (Mennigen et al., 2012). Furthermore, components of the miRNA pathway have been shown to be expressed in early trout development, and the distinct regulation of some miRNAs in early trout ontogenesis indicates their functional involvement in trout developmental processes (Ramachandra et al., 2008). The experiments were carried out in accordance within the clear boundaries of EU legal frameworks, specifically those relating to the protection of animals used for scientific purposes (i.e. Directive 2010/63/EU), and under the French legislation governing the ethical treatment of animals (Decret no. 2001-464, 29 May 2001). Rainbow trout embryos were initially reared from 16 November 2011 at INRA experimental facilities at Les-Athas, France, in 8°C stream water up to the age of 64 days [8°C × 64 days=532 degree days (°D)], during which time they hatched at the age of 44 days (=352°D). Following this, the alevins were transferred to the experimental facilities at INRA Donzaq, France, and distributed into a 50 l tank of oxygenated spring water maintained at 18°C. Unfed fish with visible yolk sacs were sampled at the age of 65 days (8°C × 64 days + 18°C × 1 day=550°D, Vernier stage 35); N=9 independent samples were collected, of which each sample consisted of five pooled fish (Fig. 1). Both groups (embryos and alevins) were subsequently used for gene expression analysis of mRNA and miRNA (N=9), respectively. Following the emergence of the first free-swimming fish, the second group of trout that still exhibited small yolk reserves (71 days, 8°C × 64 days × 18°C × 7 days=638°D, Vernier stage 36) was fed a first meal at 09:00 h and killed 3 h after the meal (corresponding well to the postprandial period in alevins) by terminal anesthetization by bathing in benzocaine prior to pooling and storage in liquid nitrogen. The fed meal consisted of a commercial diet of 0.5 mm diameter pellets (Skretting, Fontaine-les-Vervins, France; fishmeal 51.6%, fish oil 13.1%, corn starch 13.1%, wheat gluten 10.5%, pea protein concentrate and 10.5% mineral mix). Finally, 84-day-old (892°D) alevins, which were characterized by a complete resorption of the yolk sac (Vernier stage >37) and had been maintained on a continuous feeding regime of multiple meals a day, were killed 3 h following feeding as described above. Care was taken to maintain the same daily time frame before sampling to avoid potential circadian effects, known to affect metabolism in rainbow trout (Bolliet et al., 2000). Therefore, fish were consistently sampled at 12:00 h for each ontogenetic stage investigated in this study. Additionally, the time frame between feeding and sampling was deliberately chosen based on previous experiments showing potent postprandial activation of metabolic gene expression and miRNA expression 2–4 h after a meal in the liver of rainbow trout (Mennigen et al., 2012). The samples were stored at −80°C until utilized for analysis. Relative whole alevin gene expression of mRNA and miRNA was determined by quantitative real-time RT-PCR. The extraction of total RNA from whole alevins was performed using the Trizol reagent (Invitrogen, Carlsbad, CA, USA) according to the manufacturer's instructions. One microgram of total RNA was used for cDNA synthesis. The NCode VILO miRNA cDNA Synthesis Kit (Invitrogen) and the SuperScript III RNaseH-Reverse Transcriptase Kit (Invitrogen) with random primers (Promega, Charbonniéres, France) were used according to the manufacturer's protocol to synthesize cDNA (N=9 for each time point) for miRNA and mRNA, respectively. For gene expression assays, forward primer sequences for miRNAs were taken directly from the sequence information provided by Salem and colleagues (Salem et al., 2010), or, if not available, designed based on miRNA sequences found in miRBase (www.mirbase.org). The reverse primer used for all miRNA expression analysis was provided by Invitrogen with the NCode VILO miRNA cDNA Synthesis Kit. The primer sequences used in the real-time RT-PCR assays for mRNA of metabolic genes, as well as the protocol conditions of the assays, have been previously published (Alami-Durante et al., 2010; Kolditz et al., 2010; Prindiville et al., 2011; Seiliez et al., 2001). Primers for the α/β hydrolase-domain 5 (abhd5) gene were newly designed using Primer3 (http://frodo.wi.mit.edu/) using the available trout sequence on the Gene Index Project (http://compbio.dfci.harvard.edu/tgi/) under accession number TC114063. Primer sequences for abhd5 were CCAGAGGACTTCAACCACAGA (FW) and CCTCACAGATCACATGCTCAC (RV). To confirm specificity of the newly developed RT-PCR assay for abhd5, the amplicon was purified and sequenced (Beckman-Coulter Genomics, Takeley, UK). The specific forward primers used for miRNA real-time RT-PCR assays, as well as the specific temperatures used, are listed in Table 1. A universal poly T primer was used in all miRNA real-time RT-PCR assays as described in the manufacturer's protocol (NCode VILO miRNA cDNA Synthesis Kit, Invitrogen). For real-time RT-PCR assays of transcripts of both metabolic genes and miRNAs, the Roche Lightcycler 480 system was used (Roche Diagnostics, Neuilly-sur-Seine, France). The assays were performed using a reaction mix of 6 μl per sample, each of which contained 2 μl of diluted cDNA template, 0.12 μl of each primer (10 μmol l−1), 3 μl Light Cycler 480 SYBR Green I Master mix and 0.76 μl DNase-/RNase-free water (5 Prime, Hamburg, Germany). The PCR protocol was initiated at 95°C for 10 min for initial denaturation of the cDNA and hot-start Taq polymerase activation, followed by 45 cycles of a two-step amplification programme (15 s at 95°C, 40 s at 60–64°C), according to the primer set used. Melting curves were systematically monitored (temperature gradient at 1.1°C 10 s−1 from 65 to 94°C) at the end of the last amplification cycle to confirm the specificity of the amplification reaction. Each PCR assay included replicate samples (duplicate of reverse transcription and PCR amplification) and negative controls (reverse transcriptase- and cDNA template-free samples). The gene expression assays for the metabolic genes have been described previously in the publications previously cited for primer sequences. Briefly, the PCR protocol was initiated at 95°C for 3 min for initial denaturation of the cDNA and hot-start DNA polymerase activation and continued with 35 cycles of a two-step amplification programme (20 s at 95°C, 20 s at 56–60°C), according to the primer set used. Melting curves were systematically monitored (temperature gradient at 0.5°C 10 s−1 from 55 to 94°C) at the end of the last amplification cycle to confirm the specificity of the amplification reaction. Each real-time RT-PCR run included replicate samples and controls as described above. For the expression analysis of both miRNA and mRNA, relative quantification of target gene expression was performed using the ΔCT method (Pfaffl, 2001). The relative gene expression of 18S was used for the normalization of measured mRNAs and miRNAs, as its relative expression did not significantly change over sampling time (data not shown). In all cases, PCR efficiency (E) was measured by the slope of a standard curve using serial dilutions of cDNA. In all cases, PCR efficiency values ranged between 1.8 and 2.2. Schematic representation of the experimental design. Trout alevins were sampled at three time points according to nutritional stages classified by drawings from Vernier (Vernier, 1969). Sampling was conducted at the same time (12:00 h) to avoid potential circadian effects. The last two samplings were conducted 3 h after trout were fed a commercial meal. The omy-miRNA-143 sequence was taken from Salem and colleagues (Salem et al., 2010) and rainbow trout sequence for abhd5, identified as a candidate target gene for omy-miR-143 by Salem and colleagues, was retrieved from the trout expressed sequence tag database available on the Gene Index Project under accession number TC114063. To assess the potential for miRNA and mRNA interaction in more detail, several criteria were considered. These are specifically a thermodynamic stability of the RNA duplex assessed by median free energy, generally set at a minimum free energy (mfE) >−18 (Watanabe et al., 2006), the seed-rule stating that the 5′ bases at position 2–7 of the miRNA are most important in mediating miRNA binding specificity and tolerate only a single mismatch (Brennecke et al., 2005), a preferential location in the 3′ untranscribed region (UTR) (Baek et al., 2008), and multiplicity of binding sites (Hon and Zhang, 2007). These parameters were assessed initially using RNAhybrid prediction software (Rehmsmeier et al., 2004) (http://bibiserv.techfak.uni-bielefeld.de/rnahybrid/) with a cut-off value of mfE<−18. In a second step, all sequences with more than one mismatch in the seed region were excluded. Lastly, the sequences were mapped on predicted coding and 3′ UTR of the mRNA to assess the preferential regulation based on the location of the target site in the 3′ UTR of the mRNA. Data were analyzed by univariate one-way ANOVA. In cases where data were nonparametric or not homoscedastic, data transformations were used to meet ANOVA criteria. Normality was assessed using the Shaprio–Wilk test, while homoscedasticity was determined using Levene's test. Following univariate ANOVA analysis, the Student–Newman–Keuls test was used for post hoc analysis. Correlations between the expression of specific miRNAs and their respective target genes were analysed by Spearman's correlation test. Data were analyzed using SPSS version 17.0 (IBM, Armonk, NY, USA). Whole-body gene expression of genes involved in the intermediary metabolic pathway of glycolysis in alevins utilizing different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) glucokinase, (B) phosphofructokinase and (C) pyruvatekinase are shown. Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. The expression of glucose metabolism-related genes revealed contrasting effects for some genes involved in the glycolytic (Fig. 2) and gluconeogenic pathways (Fig. 3). For glucokinase, the first enzyme involved in glucose use through phosphorylation, gk (d.f.=2, F=23.67, P>0.01), an increase in expression was observed at the mixed feeding and external feeding stages (Fig. 2A), while no difference in the gene expression of the two glycolytic enzymes, i.e. phosphofructokinase, pfk (d.f.=2, F=3.015, P>0.05), and pyruvate kinase, pk (d.f.=2, F=2.942, P>0.05), was observed (Fig. 2B,C). Conversely, the glucose-6-phosphatase genes coding the last enzyme in glucose release 1, g6pc1 (d.f.=2, F=29.466, P<0.01), and glucose-6-phosphatase 2, g6pc2 (d.f.=2, F=8.27, P<0.01), were significantly decreased in exotroph alevins (Fig. 3A,B). No changes were found in the expression of the gluconeogenic genes mitochondrial phosphoenolpyruvate carboxykinase, m-pepck (d.f.=2, F=1.534, P>0.05), or fructose-1,6 bisphosphatase 1, fbpase1 (d.f.=2, F=2.988, P>0.05), between rainbow trout alevins using different nutritional sources (Fig. 3C,D). The expression of gene markers for lipid metabolism were also investigated; no significant changes were observed in the expression of the lipogenic genes (Fig. 4A–C) sterol regulatory element binding protein 1c, srebp1c (d.f.=2, F=1.617, P>0.05), fatty acid synthase, fasn (d.f.=2, F=0.98, P>0.05), or glucose-6-phosphate dehydrogenase, g6pdh, which functions as an electron donor in the lipogenic pathway (d.f.=2, F=1.450, P>0.05). Furthermore, no changes were observed in fatty acid desaturase 2, fads2 (d.f.=2, F=1.852, P>0.05; Fig. 4D). In contrast, a significant decrease in the expression of genes involved in β-oxidation pathways, particularly the isoforms of the rate-limiting carnitine-palmitoyl transferase transporter, cpt1a (d.f.=2, F=30.15, P<0.01) and cpt1b (d.f.=2, F=10.86, P<0.01), was observed in fish relying on exogenous feeding (Fig. 5). The gene expression of the enzymes serine dehydratase, sdh (d.f.=2, F=3.176, P>0.05), arginine synthase, as (d.f.=2, F=1.592, P>0.05), and glutamine synthase, gls (F=1.329, P>0.05), and the glutamate dehydrogenase isoforms gdh1 (d.f.=2, F=0.125, P>0.05) and gdh2 (d.f.=2, F=1.22, P>0.05), involved in amino acid catabolism, did not change significantly (Fig. 6). Whole-body gene expression of genes involved in the intermediary metabolic pathway of gluconeogenesis in alevins utilizing different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) glucose-6-phosphatase 1, (B) glucose-6-phosphatase 2, (C) fructose-bis-phosphatase and (D) phospho-enolpyruvate-carboxykinase are shown. Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. Whole-body gene expression of genes involved in the intermediary metabolic pathway of lipogenesis and lipid metabolism in alevins utilizing different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) sterol regulatory binding protein 1c, (B) glucose-6-phospo-dehydrogenase, (C) fatty acid synthase and (D) fatty acid delta6 desaturase are shown. Whole-body gene expression of genes involved in the intermediary metabolic pathway of fatty acid β-oxidation in alevins utilizing different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) carnitine palmitoyl transferase 1A and (B) carnitine palmitoyl transferase 1B are shown. Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. The expression of omy-miRNA-33 (d.f.=2, F=65.7, P<0.01) and omy-miRNA-122a/b isomiRs (d.f.=2, F=8.809 and d.f.=2, F=8.901, both P<0.01) decreased in fish that rely exclusively on exogenous feeding (Fig. 7). The expression of omy-miRNA-143 (d.f.=2, F=6.745, P>0.01) increased in fish that rely on mixed and exogenous feeding (Fig. 8A). The gene abhd5 is a predicted direct target of omy-miR-143 in rainbow trout (Salem et al., 2010). The omy-miRNA-143 was predicted to bind to multiple (six) target sites in the mRNA for abhd5 in trout. To further assess the prediction of the trout abhd5 homologue as a target of omy-miRNA-143 in trout, we mapped several of these binding sites onto the available sequence in order to obtain additional information with respect to the localization of the binding sites, as the presence of binding sites in the 3′ UTR results in comparatively stronger expression than target sites in the coding sequences. In cases where target sites are present in both coding sequences and the 3′ UTR, such as the case of omy-miRNA-143 binding sites in trout, a mild but significantly enhanced repression is generally observed (Fang and Rajewsky, 2011). The novel information that indeed two of these potential binding sequences were located in the predicted 3′ UTR of the abhd5 transcript in rainbow trout (supplementary material Fig. S1), while three additional target sequences are located within the coding sequence of the mRNA, further strengthens the case for a role of omy-miRNA-143 in the regulation of trout abhd5. The expression of abhd5 (Fig. 8B) decreased with the acquisition of an exogenous feeding strategy in whole alevins (d.f.=2, F=10.619, P<0.05) and is furthermore inversely correlated with the expression of its predicted regulatory miRNA, omy-miRNA-143, as assessed by Spearman's test (σ=0.514, P<0.05). The expression of cd36, a marker of adipogenesis in mammalian models, was used to validate adipogenic potential in trout alevins at a molecular level and was increased in exogenously feeding alevins compared with alevins at first feeding (d.f.=2, F=5.13, P<0.05; Fig. 8C). The expression of muscle-specific omy-miRNA-1 (d.f.=2, F=4.75, P<0.05) and omy-miRNA-133 (d.f.=2, F=5.301, P<0.05) decreased significantly in alevins that fed exogenously (Fig. 9A,B). The expression of omy-miRNA-1 and omy-miRNA-133 was significantly correlated (σ=0.558, P<0.01), and hence the expression of myod1, a stimulatory transcription factor for the miR-1/133 locus in mammals, was investigated. In spite of a concurrent decrease in myod1 expression in exogenously feeding alevins (d.f.=2, F=4.068, P<0.05; Fig. 9C), no significant correlations between the expression of myod1 and omy-miRNA-1 (σ=0.219, P>0.05) or myod1 and omy-miRNA-133 (σ=0.158, P>0.05) were found. The expression of the ubiquitously expressed omy-miRNA-29 (d.f.=2, F=4.475, P <0.05; Fig. 10A) increased significantly in fish relying on exogenous feeding, while the ubiquitously expressed omy-miRNA-103/107 (d.f.=2, F=2.44, P>0.05 and d.f.=2, F=0.81, P>0.05) did not change significantly between fish relying on different feed sources (Fig. 10B,C). Whole-body gene expression of genes involved in the intermediary metabolic pathway of amino acid catabolism in alevins utilizing different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) serine dehydratase, (B) alanine synthase, (C) glutamine synthase and (D) serine dehydratase isoforms are shown. Whole-body gene expression of liver-specific omy-miRNA in alevins using different nutritional strategies. Mean ± s.e.m. gene expression data (N=9) for (A) omy-miRNA-33, (B) omy-miRNA-122a and (C) omy-miRNA-122b are shown. Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. Whole-body alevin gene expression of (A) adipose tissue-enriched omy-miRNA-143, (B) its predicted direct target abhd5 and (C) the adipogenesis marker cd36 in alevins using different nutritional strategies. The expression data are means ± s.e.m. (N=9). Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. Whole-body gene expression of muscle-specific omy-miRNA-1 (A) and omy-miRNA-133 (B), as well as myocyte-specific transcription factor myod1 (C) in alevins using different nutritional strategies. The expression data are means ± s.e.m. (N=9). Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. Whole-body gene expression of ubiquitously expressed omy-miRNA genes putatively involved in the regulation of intermediary metabolism in alevins using different nutritional strategies. Global alevin gene expression data (means ± s.e.m.; N=9) of (A) omy-miRNA-29, (B) omy-miRNA-103 and (C) omy-miRNA-107 are shown. Different letters indicate significantly different groups as established by one-way ANOVA and Student–Newman–Keuls post hoc test. Globally, gene expression analysis revealed a progressive decrease in the expression of genes involved in the fatty acid β-oxidation and in the last step of glucose release, as evidenced by the significantly decreased expression of the analyzed cpta and cptb isoforms and g6pc1 and g6pc2 isoforms, respectively. This gene expression profile is in line with the hypothesized change in metabolic strategy in oviparous fish larvae, which initially rely on endogenous reserves of lipids and proteins, believed to contribute to the maintenance energy metabolism by these catabolic pathways (Desrosiers et al., 2008; Boulekbache, 1981; Conceição et al., 1998; Ronnestad et al., 1999). The initial high expression of cpt gene isoforms, generally considered to represent the rate-limiting step in the β-oxidation pathway of free fatty acids by regulating their mitochondrial uptake, and the subsequent decrease in cpt isoform expression at the onset of exogenous feeding, are also in accordance with the detection of active lipid turnover in trout embryos (Terner et al., 1968), believed to liberate free fatty acids from the principally stored phospholipids and triglycerides in order to provide a supply for oxidation in order to ensure continuous supply of energy (Wiegand, 1996; Terner et al., 1968; Tocher, 2003). Indeed, due to a very small glycogen storage capacity, which is consumed very quickly at the beginning of development, and the comparatively very high quantity of vitelline lipid and protein content (Terner et al., 1968), trout alevins are believed to use triglyceride-derived glycerol, but also gluconeogenic amino acids as substrates for glucose synthesis (Terner et al., 1968). Therefore, even though the expression of two other specific gluconeogenic enzymes pepck and fbpase did not change, the similarly initial high expression of g6pc isoforms and their decrease in expression after alevins switch to exogenous feeding seems to be equally in concordance with this hypothesized production of glucose in trout alevins. The initially detected higher expression in g6pase isoforms in trout alevins is also consistent with the evidence for G6Pase activity in embryonic rainbow trout, which increases slightly up to first feeding (Vernier and Sire, 1976). Conversely, gk gene expression increased following the first exogenous feed intake, confirming previous findings in trout (Geurden et al., 2007) and carp (Panserat et al., 2001). The induction of the expression of the gene gk, involved in the first step of glucose use, and concurrent decrease in the expression of g6pc are furthermore consistent with findings from a transcriptomic analysis of complete European sea bass (Dicentrus labrax) larvae, in which several genes that are involved in the glycolytic pathway are increasingly expressed with advancing ontogenesis, while genes involved in gluconeogenesis exhibit an inverse expression pattern, with initially highly expressed genes that subsequently decrease (Darias et al., 2008). Moreover, even though there is induction of gk gene expression after feeding, this induction is relatively low (threefold) compared with the effects of carbohydrate-rich diets [up to 200-fold (Seiliez et al., 2011)]. This relatively low gk induction is probably linked to the low level of carbohydrates in the starter diet (coming only from the 13.5% corn starch). The low gk induction could also explain the absence of induction of g6pdh, fas and srebp1c gene expression, the lipogenesis being induced when the glucose is in excess. However, this induction of gk gene expression indicates unambiguously that there was glucose intake in alevins fed a diet that could be sufficient for a concomitant decrease of lipid β-oxydation (as reflected by the cpt1 gene expression). Therefore, the ontogenetic switch between nutritional phenotypes in rainbow trout may at least partially be regulated at the level of gene expression in a pattern that is consistent with the hypothesized switch from the utilization of yolk reserves to external feeding, and may indeed be common feature in different oviparous fish that undergo ontogenetic changes in nutritional phenotypes. Several miRNAs with metabolic function have been characterized in mammals and have been shown to functionally regulate carbohydrate and/or lipid metabolism (Rottiers and Näär, 2012). For example, miRNA-29, miRNA-103 and miRNA-107 have been shown to inhibit insulin-induced Akt signaling, in effect stimulating gluconeogenic gene expression in the liver with consequences for glucose homeostasis in mammalian models (Pandey et al., 2011; Trajkovski et al., 2011; Jordan et al., 2011). While direct mechanistic evidence for similar roles in fish is still lacking, correlational descriptive studies reveal a possible conservation of these functions in fish (Her et al., 2011; Mennigen et al., 2012). In our study, no changes were observed in the expression of miR-103/107 in trout using different feeding strategies in spite of an evident regulation of some gluconeogenic genes. Because these microRNAs are in contrast to liver-, adipose- and muscle-enriched miRNAs ubiquitously expressed in adult trout metabolic tissues, this result is difficult to interpret, as it may reflect a differential regulation of these miRNAs in different tissues, as is the case in mammals (Trajkovski et al., 2011). While not many ontogenetic profiles for miRNA expression in fish are currently available that provide data for first feeding, miR103/107 abundance increases temporally with first feeding in Atlantic halibut (Bizuayehu et al., 2012), contrary to the results obtained in our study. Interestingly, omy-miRNA-29 increased significantly with first feeding and remained elevated in exogenously feeding fish. The rno-miRNA-29 has been shown to be highly upregulated in liver, adipose tissue and muscle of diabetic rats (He et al., 2007) and has hence been shown to have metabolic functions via modulation of the insulin pathway in the liver (Pandey et al., 2011). A concurrent decrease in omy-miRNA-33 and omy-miRNA-122 (primarily expressed in the liver in adult trout; data not shown) was observed in rainbow trout relying on completely exogenous feeding. The decreased expression of both miRNAs known to inhibit hepatocyte proliferation in higher vertebrates (Xu et al., 2010; Cirera-Salinas et al., 2012) may be also be related to the relatively higher allometric contribution of liver growth compared with other tissues in rainbow trout fingerlings (Weatherley and Gill, 1983), indicating increased proliferation of hepatic tissue at this stage. As both miRNA-122 and miRNA-33 are known to inhibit hepatocyte proliferation, their expression decrease in exogenously feeding alevins may be related to the increased proliferation of hepatic tissue observed in rainbow trout alevins and juveniles, in line with increased metabolic demands in the growing alevins. Nevertheless, while genes with a function in cell proliferation are predicted to be targeted in fish species whose genome sequences are available from the Microcosm algorithms (www.ebi.ac.uk/enright-srv/microcosm/), direct proof in fish is lacking to date and these hypotheses remain to be validated in fish. In rainbow trout, whose genome has not fully been sequenced and annotated, no targets for miR-122 have yet been predicted. Compared with the developmental profile of miR-122 in other fish species, the observed pattern is different from changes following first feeding in Atlantic halibut (Bizuayehu et al., 2012), where miRNA-122 abundance increases sharply at first feeding before decreasing in early metamorphosis, indicating species-specific differences in ontogenetic miRNA expression profiles. The identification of a particularly high expression of omy-miRNA-143 adipose tissue in adult rainbow trout (data not shown) is in line with its established role of its human (Esau et al., 2004), chicken (Wang et al., 2012), murine (Takanabe et al., 2008) and porcine (Li et al., 2011) homologues, whose increase in adipocyte precursor cells is a necessary factor in adipocyte differentiation, at least partially through the mediation of enhanced accumulation of triglycerides (Wang et al., 2012). In a previous study, omy-miRNA-143 was found to be mostly expressed in trout muscle and digestive tissues; however, adipose tissue was not included in the tissues analyzed (Salem et al., 2010). Both muscle and intestinal tissue are known to contain adipose tissue (Johnston and Moon, 2001; Fauconneau et al., 1997; Weil et al., 2009) and may thus have contributed to the detection of omy-miR-143 expression in these tissues. In fish development, the process of adipogenesis is only scarcely characterized, but has clearly been demonstrated to commence with exogenous feeding in zebrafish (Flynn et al., 2009), after which the appearance of visceral adipocytes indicates a storage of excess ingested energy in form of lipids. Similarly, in rainbow trout, adipocyte number and diameter increase in juvenile trout muscle with age (Fauconneau et al., 1997). Indeed, in our study an increase in omy-miRNA-143 was observed with the beginning of exogenous feeding, which correlates with previously reported findings that showed a significant increase in whole alevin lipid content as early as 10–30 days after the first meal (F. Médale, unpublished data). It is also known that visceral fat deposition has a high positive allometric contribution in young trout fingerlings (Weatherley and Gill, 1983). In spite of the fact that the direct localization of omy-miRNA-143 expression can only be assessed by in situ analysis, the observation of a potent induction of omy-miRNA-143 at first feeding and its strong enrichment in adipose tissue in adult rainbow trout suggest that omy-miRNA-143 may constitute a marker for adipogenesis in rainbow trout. In contrast to other miRNAs investigated in this study, Salem et al. (Salem et al., 2010), and our own more detailed analysis, identified in abhd5 a putative target for omy-miRNA-143. In addition to being a hypothesized target of omy-miRNA-143 which is enriched in adipose tissues, the function of abhd5 in mammalian model species is interesting, as the abhd5 gene is involved in adipocyte degradation and liberation of free fatty acids from stored triglycerides in mammals (Lass et al., 2006), principally by acting as a strong, positive regulator of the adipose triglyceride lipase (Lass et al., 2006; Yen and Farese, 2006; Wang et al., 2012). Recently, a similar function for abhd5 has been established in skeletal muscle, where its overexpression induces a twofold increase in triacylglycerol hydrolysis, triacylglycerol-derived fatty acid release and fatty acid oxidation, while abhd5 knock-down reveals opposite effects (Badin et al., 2012). To investigate a possible regulatory role of omy-miRNA-143 on abhd5 expression, we measured both expression levels across feeding stages and identified a significant inverse correlation in the expression of omy-miR-143 and abdh5. The significant increase in expression of omy-miRNA-143 following postprandial feeding may therefore represent a functional marker in lipid deposition, accompanied by an inverse expression of its predicted target in trout, abhd5. Alevins that develop towards an exogenous nutritional may thus, through this molecular pathway, favour deposition of lipids, which has been observed in trout alevins following first feeding (F.M., unpublished data) and in the muscle of juvenile trout (Fauconneau et al., 1997). In adult trout, these stores will later fulfill metabolic demands during fasting (Jezierska et al., 1982) and exercise (Richards et al., 2002), and also play a role in cold acclimatization (Egginton et al., 2000). In order to substantiate the potential role of omy-miRNA-143 as a potential marker for the process of lipid deposition during ontogenesis, we equally investigated the expression of cd36, a fatty acid transporter with a rate-limiting function on triglyceride synthesis in adipocytes and muscle (Coburn et al., 2001; Christiaens et al., 2012), which in rainbow trout has been identified as a marker for muscular lipid deposition (Kolditz et al., 2010). In our study, we found an expression level that significantly increased between first feeding and completely exogenously feeding alevins. This molecular signature is indicative of a concurrent enhanced capacity for uptake of fatty acids used for lipid deposition via cd36. Together, the expressions of these molecular markers indicate an increased potential for lipid deposition through increased uptake of fatty acids and decreased hydrolysis of triglycerides. This physiological switch towards lipid storage is furthermore supported by the previously described decrease in cpt1a and cpt1b expression, both markers of β-oxidation and involved in the functional utilization of stored lipids in the mitochondria of adult rainbow trout muscle (Morash and McClelland, 2011). However, while the expression pattern of omy-miRNA-143 and abhd5 supports the hypothesis of a functional role of decreased lipolysis in the switch towards storage of lipids in exogenously feeding trout alevins, a limitation of the present study is the fact that entire alevins were investigated. While omy-miRNA-143 is indeed strongly enriched in adipose tissue of adult rainbow trout (data not shown), in situ hybridizations of omy-miRNA-143 and abhd5 in trout development will be necessary to confirm tissue specificity of omy-miRNA-143 in trout adipose tissue during ontogenesis. Adequate methods for whole-mount in situ detection of small miRNAs in fish have recently become available (Lagendijk et al., 2012). Additionally, only in vitro studies of trout adipocytes (Albalat et al., 2005) will be able to directly validate a role for omy-miRNA-143 in lipid deposition in adipose tissue in rainbow trout, as a functional role of omy-miRNA-143 can be unequivocally shown only by direct inhibition. The role of the muscle-specific miRNA-1 and miRNA-133 (Salem et al., 2010), found to decrease in rainbow trout alevins adopting an exogenous nutritional strategy in the present study, is generally considered to be the coordination of the balance between muscle proliferation and differentiation in mammals (Chen et al., 2006). Additionally, a role for miRNA-1 and miRNA-133 in muscle hypertrophy has been postulated based on an observed concurrent downregulation of both miRNAs in rat muscle undergoing hypertrophy following functional overload (McCarthy and Esser, 2007). Indeed, immediately prior to the first meal, trout alevins hatch and distinctly increase foraging as they begin swimming upwards in the water column (Hale, 1999). This increase in the utilization of muscles may similarly induce hypertrophy as a response. Furthermore, hypertrophy, in addition to hyperplasia, plays an important role in the continuous muscle growth in rainbow trout. The contribution of hypertrophy is indeed highest (40%) in trout alevins comparable to the stages analyzed in the present study (Mommsen, 2001; Valente et al., 1999). Similarly, while the differentiation of muscles occurs early and is largely differentiated pre-hatching in rainbow trout (Rescan et al., 2001), an expansion of somite size and width by more than fourfold around the time of hatching and yolk resorption is observed (Bobe et al., 2000). It has furthermore been postulated in some studies that in adult trout, hypertrophy becomes the predominant mode of muscle growth (Stickland, 1983). Therefore, the observed pattern of decreased omy-miRNA-1 and omy-miRNA-133 may, as in mammals, be indicative of hypertrophy. However, future studies are necessary to confirm this hypothesis. Functionally, no direct targets for either omy-miRNA-1 or omy-miRNA-133 have been predicted by Salem and colleagues (Salem et al., 2010), so the validation of direct targets is difficult. Nevertheless, two recent studies in fish provide evidence for a conserved role for both miRNA-1 and miRNA-133s in fish muscle development. In zebrafish, homologous muscle-specific dre-miRNA-1 and dre-miRNA-133 have been experimentally shown to account for 50% of miRNA-dependent gene regulation in muscle (Mishima et al., 2009). These genes are enriched for actin-related genes, in line with a functional role in sarcomeric actin organization shown in the same study (Mishima et al., 2009). Additionally, antagomiR injection studies inhibiting expression of oni-miRNA-1 and oni-mRNA-133 in Nile tilapia reveal that specific myogenic factors are regulated in the same fashion as in mammals (Yan et al., 2012). Therefore, we investigated the expression of myod1, which in mammals positively regulates the expression of the miRNA-1/133 locus (Rao et al., 2006; Hirai et al., 2010). While we indeed found a concurrently decreased expression of myoD1 in exogenously feeding trout alevins, no significant correlation in the expression was found, implicating that the action of myoD on this cluster may not be conserved or that the regulation of omy-miRNA-1 and omy-miRNA-133 is complex and not principally mediated by myod1, or that the expression of myoD1 is not indicative of the abundance and/or activity of myoD. Similar to the results in our study, no direct relationship in the ontogenic expression of myod and miRNA-1/133 has been reported in the ontogenesis of the flounder Paralychthys olivaceus (Xie et al., 2011; Fu et al., 2012). In the characterization of developmental miRNA expression in Atlantic halibut, the abundance of hhi-miRNA-133a/b equally decreased significantly following first feeding (Bizuayehu et al., 2012). This indicates that nutritional factors may play a role in the regulation of miRNA-1 and miRNA-133. The finding that in fruitfly (Drosophila melanogaster) larvae miRNA-1 is critically required for muscle growth only following first feeding, but not prior to this event (Sokol and Ambros, 2005), supports this interpretation. Overall, omy-miRNA-1 and omy-miRNA-133 may represent markers for specific forms of trout muscle development, and could be regulated both by increased foraging and exogenous nutrition. Further studies in trout are necessary to confirm a conserved role of both omy-miRNA-1 and omy-miRNA-133 between trout and mammals, and progress in the sequencing and annotation of the trout genome will greatly facilitate this task. The results presented in this paper reveal underlying molecular changes in both gene expression and miRNA expression in trout alevins that switch from an endogenous to an exogenous feeding strategy. The global gene expression pattern of gene markers of metabolic pathways is consistent with a switch from utilization of protein and lipid reserves typically found in yolk to the utilization and subsequent storage of external feeds. The molecular signature is consistent with increased lipid storage through increased uptake of fatty acids and decreased utilization and is in line with the fact that lipid content in rainbow trout is considered to be highly sensitive to exogenous stimuli, including nutrition (Dumas et al., 2007). The observed expression of adipose-enriched miRNA-143 and the inverse decrease in the expression of its predicted target abhd5, involved in lipolysis of triglycerides in adipocytes, are consistent with this profile and suggest that miRNAs may play an important role in the ontogenetic regulation of gene expression that underlies the change in nutritional source. However, the sequencing and annotation of the trout genome, as well as the functional study of this and other miRNAs in trout tissues, will be necessary to fully establish these miRNAs as markers of metabolic tissue function. The authors would like to acknowledge the contributions of Christopher Prochasson, Tara Cerezo and Ikram Belghit for help with RNA extraction and real-time RT-PCR assays, as well as Fred Terrier, Franck Maunas and Yves Hontang at Donzaq, and Patrick Maunas and Nicolas Turonnet at Les-Athas, for their expertise in animal rearing and help with sampling. 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http://jeb.biologists.org/content/216/9/1597?ijkey=d646418efc826720fb822eda56e8aa4961da0633&keytype2=tf_ipsecsha

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I used to love everything about it but now with shipping costs to Canada I have to admit I'm not stealing as much as I used to. Love the quality deals. I check daily 2xs to make sure I don't miss out on a JJB, Stride Rite, or other awesome purchase! Love you! I love that you offer such great quality products at such an amazing price! I've been complimented many times on items I've purchased from a STEALS page! everyting. It's just so amazing the deal we can have! The awesome deals to really great gear! The great products you have introduced me to!!!!!! I have discovered some of the most amazing items for me and my kids through babysteals, kidsteals and shesteals. I love the products that you highlight and check the site every day for the new products! I love the variety of products that I didn't know existed that make my life so much easier! Hi there! I love that you have quality items for reasonable prices. I also love that if something you order doesn't turn out perfectly for you, you can turn around and sell it to the same network of people. Thank you! Great products for a great price! Great deals on products that are actually useful and practical for real parents like me! I love learning about new brands and helpful products for new mommies like myself who don't have any friends with children and are kind of in the dark when it comes to knowing the great new trendy baby products! EVERYTHING...I love to save money and get great items...at Babysteals/Shesteals, I can do both! I love that they have stuff that I actually want and will use instead of useless stuff. I love all the great deals! Babysteals always has something I am looking for. great products at great bargain prices! High quality brands and products your a good price. Some new products I've never heard if but now love. I love the fast and cheap shipping! I got my items in just a few days while other sale sites take weeks!!! I love being able to buy things for my kids at a fraction of a price. the awesome deals that change twice a day. so cool! I moved to canada from the US and I love that lots of high quality things I can't find in canada I can get on babysteals for a good price and that you have reasonable shipping to canada! I love the quality products at low prices. I love how easy it is to get great deals.. very simple and no strings attached. Love the products and the customer service. The great prices and wide variety of products offered. I love the variety of items that you get! Everything! Love the products, prices and awesome customer service! Babysteals rock! With a second baby on the way, I'll be sure scouting this site for some steals! Amazing products at amazing prices! Great deals and cute stuff! They have so many great unique products at great prices. I love that you actually have DEALS unlike another site. I love that you have unique items. I can always count on BabySteals.com!!! the wonderful products you offer. Simple and easy to get the products you need at a great price! Everything! Love all the sales! The great deals and how fast the product arrives. Top quality products at a fraction of retail prices!! The "surprise" everyday of what will be featured! The great products and amazing customer service! They have special deals on items that I wouldn't normally use, but I am able to because I can get them cheaper! I love BabySteals!! As a mom of four any chance I can get great products at a discount I go for it. The customer service has been amazing as well as the quality of the products they are selling. Thank you for being an amazing company and I plan to continue tell my friends about your site!! I love being introduced to great brands that I may not have otherwise known existed. Features products I cannot find in stores where I live. I love that I can get high-quality items for both my baby and me at great prices - and that it's local to me! THE DEALS on my favorite brands!! I love the deals on Robeez socks/shoes and this is where I bought my Ergo! I love that I can get name brand items at a price I can afford for my twins! It gets expensive to buy two of everything! I also find out about new products. The ability to learn about new products and the prices!!! The great products I probably wouldn't have discovered otherwise. Love trying new things thati wouldn't try if I had to pay full price. Learning about the hot new products for moms! It's where I found out about Ergo, Baby Bling, and a zillion other products. Thank you!! All of the great STEALS!! Everything! The products (LOVE the shoes), the excitement of checking each and every day, and of course, the deals! I love that I can find great deals on amazing products for my awesome daughter and myself. There isn't just one, but TWO deals a day! I have found so many products and companies that I never knew existed. I love BabySteals! The items are great, the prices are even better. I love that they ship quick and have awesome steals! I love the great quality of the merchandise that BabySteals sells! The shipping is fast and the customer service is awesome! I love watching for a new deal every morning and every evening. I've discovered some cool products--some I never would have thought of, and some I wish I'd found sooner. The great deals! BabySteals enables you to get great products more affordably. Several of the things I've purchased, I wouldn't have been able to buy otherwise. We are pretty poor, just like the rest of the country, and it allows me to afford things that I wouldn't normally be able to. Thank you! Great products and comments /feedback from moms - which is great for first time moms like me! Love the deals and variety. They always have the best deals and ideas to save the most on your babies items! Love to save!! The awesome prices on great products!! I love being able to find the things I need for a fraction of the price! They have tons of great products and I get to save money buying them!!! Great deals on sleepsacks! Cheaper than anywhere else. the variety of high quality merchandise at truly steals! Its so easy to find great stuff. I love the great deals the fast shipping and the wonderful products!!! it is excited, loving it.! Finding really neat and useful items that I wouldn't have know about, or had access to, before! Great steals on a variety of name brand products for cheap! Thanks! I love the choice if awesome quality products. I also love the team that work very hard to satisty every customer. The facebook page is also full of useful information and resources from other mamas like me. I love that it has exposed me to products that I have never heard of or couldn't afford before. I love the quick shipping and amazing prices! All of the amazing products! As a twin Mom, I'm always looking for a great deal since I usually need two of everything! When I can get something 40-50% off on Steals, it makes twin parenthood more affordable. Essentially, I can get two items for the price of one, just like parents of single babies can. They offer QUALITY products and because they're such great steals, I've picked up a few things I otherwise wouldn't have known about and have loved them. Like the Halo sleep sacks, Sili Squeeze bottles, and Stride Rite Shoes. What don't I love aboout babySteals! You guys always have the best selection of unique merchandise, amazing prices and a customer service that truly is top notch! The first thing I do every morning is check out BabySteals! The variety of products--great for gift giving! I love the great deals, introduction to quality brands and new items. As a first time mom I have found many great products that I otherwise never would have known about. The steals Facebook pages are also really helpful with like minded parents who provide useful reviews, advice and tips & tricks. Thank you steals network! Everything. Wish I had more money to snag these bargains!! I love hearing about new products that I wouldn't have otherwise noticed on my own. the best customer service and fast delivery for internet retailer. I love getting great baby/kid products at a steal of a price! Great high end products for great prices! I love the unique selection too! My kids are older, so I shop kidsteals for function and cuteness, shesteals for razzle dazzle for me, and scrapsteals to chronicle their beautiful lives. I love the awesome deals-I've purchased laundry tabs, Baby Legs, and baby snack containers! I love that I can get quality things for my son for a good deal! Great products at great prices! Not to mention the great customer service! I love being introduced to new brands and then getting them at great prices. Kids are expensive and BabySteals helps me save money and get good products. The amazing deals at affordable prices. I love to get quality things at a great bargain. Fabulous items at Fabulous prices! great products at great prices! things that I never would have seen or thought before on sale, and it leads me to new stores to explore! I love the 2 steals a day -- the great stuff I find. AND THE ARCHIVE! Plus shipping is super fast to my house! I love getting the great deals everyday and you are always introducing me to new brands and ideas. lots of new products I have never seen! All the great deals for my baby! I love they have 2 steals a day of high quality products! The fact that we can discover new products that are very beautiful and interesting, and that we can discover them by buying them cheaper than usual! Also, the fact that you ship to Canada is just awesome! I love that I can get amazing products for a great price and they arrive quickly too! I love the great customer service! You guys always answer our questions on facebook, thank you. I love the great deals on expensive items - ergo, aden + anais, babylegs, etc - the list goes on. all the great deals, quick delivery, and wonderful service! Absolutely everything! I love that they are local to me and I can go to their boutique to pick everything up! Not only are you offering great prices on products, you have introduced me to many products I didn't know about. Thank You! I love the variety of items on steals! The face that it's so easy to make an order is perfect! Plus the Costomer service is great! Finding out about great new products and getting them at a great price! I love your selection and your fast shipping. I am always surprised by how fast my purchases come. I also love that I able to see you in my facebook feed. Thanks for the chance to win! I love all the great products and prices on BabySteals. The cute things to buy. I love that i find amazing products that i have never heard of that make my life so much easier at a affordable price. thank you for this site. Absolutely everything! Mainly the fantastic and super quick customer service! The ability to get great products at a graet price! Love their premium items at a discounted rate! I have purchased lots from Baby Steals! It is a great site to get new products for low prices! I love that it introduces so many new brands and products to a market that relies heavily on testimonials from friends. It's created friends from products and I love the entire steals community - the workers and us, the lucky customers! Love baby steals especially for baby gifts! And I get especially happy with all the comments and helpful Hints all your fans post about the products! Love getting favorite things at a discounted price! Everything. Great products, fast shipping and fun surprises!!! Great items at great prices and the large assortment to choose from. I love the amazing deals I have scored on Babysteals. Some of my daughters most favorite things were bought from Babysteals! I love that there are so many incredible products that are placed on the BabySteals site that I would have never heard of otherwise. Also with living in Canada, it's harder to find a lot of these products, so I love that BabySteals is willing to ship everything out of country. Half off of the products makes purchasing items much more manageable as well! I love that its name brand stuff that I would go purchase at a store, and these are things that I would buy normally, but a way better price! I love the fact that im saving money(so does my husband!) Love looking on this site everyday! Things are always delivered in great condition and doesnt take long! So glad my friend told me about this site!!! All the great deals and all the great products you introduce to us! I love the super-good quality and great discounts. But the icing on the cake would have to be the super fast shipping - even just the regular rate is awesome fast! I love getting awesome deals on such cool stuff!!!!!! I love how they introduce us to such great products . Also the customer service is top notch and you can't beat the shipping fast shipping. I love all the neat and useful items that you showcase and sell on your site. Most are items you don't see or find in everyday stores, and a lot are fantastic ideas and trendy for baby and mama! I check ouy what is new on your site morning and night! I love the wide selection and the great deals! love all the unique finds and great deals!!! The ability to get great products at a great price! I love that most times you guys are able to read my mind about what I want/need! This happened just this weekend with the Aqua Duck, my 1 year old has been having such a hard time washing his hands, and this will solve the problem without me hurting myself to try to make something! Great Products at AMAZING prices! That i can shop for great products at great prices for all 3 kids, with no yelling or tantrums! I love that I can buy things for my daughter that normally I wouldn't want to spend the money on (paying full price). Babysteals lets me feel like she is getting the most up-to-date trends and gear, w/o breaking the bank! Thank you thank you thank you!! I have bought so many great products for great prices! Things I may not have bought otherwise. awesome deals and great service!!!!! I love being introduced to new and different products that I wouldn't even think to shop for. Such fun and saving a bundle all at the same time. That you introduce us to great products with great deals!!! Quality items for great prices! I love all the cute things you have! All the high-quality items but are within my budget! The great deals on products I never knew I needed, but now can't live without! Finding products that I love for WAY less!! The variety of products for my family, some of which I would never have known about if it weren't for babysteals FB updates! I'm always looking for a deal, whether it be for me, my family or a gift. I can always find great deals on quality items for me and my kids. I always tell people you have the best prices on Ergo carriers too. it's a chance to find something new I might not have known I needed. Great deals and wonderful products! The awesome variety of products you offer and I LOVE that you offer archive deals, it gives people a chance to go back and get what they missed. I have placed a couple orders and will continue and look forward to the two steals daily! GREAT custommer service and great items! The great deals. Great customer service. Great deals, great stuff. I am addicted! I learn about so many great products from you sites. Thank you! GREAT products at the best prices ever! I've also been introduced to some of my favorite products on BabySteals- the Cold Seat tops the list. What I love about Baby Steals is that you can find popular items for half the cost. Items that you might not find in your regualr shops in Canada. I love that I can buy some of the cutest, latest baby stuff out there for a fraction of the price of hunting down somewhere! I've purchased some awesome deals from you guys! Thanks! I love all the great deals you bring! I have been able to get blankets, kid shoes, etc all for half the price I would have otherwise paid! And your staff seems quick to answer questions on facebook which is great. Thanks so much! all the different and great deals! The awesome discounts on a variety of products for babies, kids and women. Amazing selection at amazing prices!! I love the new deals every morning and night! It is so much fun to wait for 9:00 to see what I can steal! I love all the great deals and wide variety of products offered! GREAT CUSTOMER SERVICE!!! I have found SO many great deals for my daughter (17 months) in the past year and a half on Baby Steals. Shoes, socks, legwarmers, clothes, baby care products, nursing covers, etc. You name it, and I got it... for a deal... on BabySteals! Great deals and always super fast delivery! I love the bargains and the blow out sales! Great ideas for gifts. Love the deals...duh! I can get the items I actually need for half price and there are always items that I never knew existed, but make life simpler for me! Perfect balance of quality and price. Because I can find... and get.. well thought our products for an affordable price. Buying from STEALS makes me feel good about my self! Also, Thank you for my Ergo!! The smaller businesses being able to get their product out there. Plus the great deals. Great deals and being introduced to awesome products! the quality of the items and the prices! All the fun boutique style baby gear that you can't find in stores easily. Seeing new products I hadn't heard of and of course THE DEALS!!!!! I love the deals from steals! I love exposure to new products! I love the ease of shopping & speedy delivery! Great deals on items I can't find locally! I love everything about BabySteals! I've order a few things off of the site and they ship sooo fast. Alot of the items they have are items that I've never heard of. I think this is great because I get to learn about new things for my baby, things that I never would have known about if it wasn't for BabySteals. I've told my sister, my mom my sister-in-law and my friends about this site! great daily deals that make the unaffordable affordable! great on a budget! Great products I wouldn't have ordinarily found (Dara & Company blankets!!). Fair prices. The great finds! There's things I've never seen or heard of before, but are amazing. There's also great things I've been looking for at great prices. Great deals on high quality products. All of the high quality products for low prices! I love the great daily deals and amazing baby items I would not normally afford! I just found out about BabySteals.com, and can't wait to find my first purchase! So far, I love that the site offers wonderful baby items for affordable prices! It helps the families, living on tight budgets, to be able to purchase new items they are in need of. There is nothing better than a good steal on baby things! This is seriously the only place to look! That not only the deals are superb but the deals are on things that mommy's actually NEED and will use! I have spent a fortune on steals for my little one!!! Great prices on things I really need! The deal always seems to be something I've recently wanted to purchase! It's like you're mind readers! How my wife gets so excited about your steals. Love to see her light up when she talks about how much she loves you guys and the great finds she discovers. It's cute. Thanks! Not only do I learn of great new products through it, but I also find the very items I want to buy - all on sale! What's NOT to love about babysteals! I've scored such great deals on shoes, product and clothes for my kids and myself! I get excited to check every time 9 o clock rolls around :)!! I love that BabySteals exposes me to products that I didn't even know existed. And the products are amazing. I bought a sardines bib that lasted through two of my own and I have now given it to a friend. Hands down, the best thing is the customer service!!! Phenominal job!!! The fantastic deals of course!!!! Great brands/products for great prices! I wake up every morning and look forward to the daily steals! I love knowing that whatever the steal of the day will be, it will be something useful for someone - if not me, for someone else! When I was pregnant, I couldn't wait to discover my next fabulous find! I ended up sharing daily "steal alerts" with my mommy group and I guarantee you got a bunch of business from them too! Love the great prices and fun stuff that you have. Also love that it's twice a day and that you can use PayPal. Great deals on name brand stuff! I love that I can buy the Products I want for the Price that I need! Everything you feature is top of the line, extremely useful and exactly what I am looking for! the deals of course! I also love that BabySteals takes into account feedback from their customers. As evidence on the Facebook page, BabySteals has been working to get better shipping costs for Canadians. It is much appreciated. Variety and awesome quality of goods offered!! The variety of great products it introduces me to. I love finding the perfect deal. Babysteals has allowed me to pick up high end items I couldn't otherwise afford. Its also let me try new products without a huge monetary commitment. Love seeing new companies/products that I haven't seen before! All of the great steals of course!! I love all the trendy, high quality items you have to offer. Also, have great customer service!!! I love all the neat and cool things for babies and mommas! Love getting great products at a great price! I love the variety and quality of products you offer. And at a discount of approx. 50%, it's hard to say no. I love the anticipation for a bargain. The brands. The occasional opportunity to shop the archive. I've bought lots of Halo sleepsaks--they are a family favorite! Fantastic products I have been wanting to try at awesome prices!!! Great deals and great prices. I especially loved the holiday sale with flat rate shipping. I used it to really stock up on some great items!!! SO many great products, such a wide variety, at amazing prices. Brands that I've never heard of or wouldn't have been able to afford if they were not on Babysteals or Kidsteals! The variety of products, all the customer feedback and the amazing customer service. Great prices! Cute, unique items. Fantastic prices on great stuff! It is no surprise you are among the top 100. I love everything about BabySteals. I am completely addicted to the Steals you offer that I purchase for my granddaughter and daughter in law. Thank you for continuing to offer amazing products and all you do! I love babysteals because of the great deals, awesome customer service and prompt shipping!! I'm a military wife and mother of 6. I'd never be able to afford full price. You make such wonderful products available to those of use who couldn't otherwise afford it. Finding out about great products at a great price! great products at affordable prices! Love that you have 4 different categories twice a day. 8X the fun. Love the variety and great items you sell for such a great price. All the great deals offered! Honestly, I love saving money on top-quality items. There are many brands that I might not be able to justify spending on, but Babysteals makes it easy by giving such great discounts. I also LOVE the customer service I have received. I always feel like I'm talking to a real person and have always felt like I was an important customer. I love all the great brands you feature like Ju Ju Be, Ergo, Aden and Anais, and Saranoni at such great prices. Also love that you have two great steals everyday! The way it streeeetches my money! Finding my favorite products and brands for a steal of a deal and finding new products and brands I'd never heard of too. Everything! I love that I find things that I need, that I didn't even know I need. Amazing customer service, quick shipping and quality products. EVERYTHING!! Cute clothes, for my babies and me, the great prices, cool little gadgets that I would never think of! The greatness of it all lol. The variety and quality of the products that you offer at such low prices!! Great products, and great customer service! Cute, cute things at great, great prices! Great products, great info, great prices! That's in addition to the amazing grassroots marketing Steals.com has. Having a child is not cheap. love getting so many things i really do NEED for my baby for way less! thank you! I simply love the deals! I haven't been able to order very many items from BabySteals, but I check them every day and it amazes me how great the discounts are and how adorable the products are! They are definitely things that I would never be able to afford without BabySteals! All the variety of products at great deals! Jennifer Shoemaker - my lovely sister! I love the deals, fast shipping, and amazing customer service! Finding useful baby products that I wouldn't hear about elsewhere for affordable prices. I love the amazing products at amazing prices! The amazing deals on quality merchandise. They introduce me to so many awesome brands! I love that there are unique, trendy and useful at great prices! i love the variety of products, most of which I had never heard of before this site. I love the awesome deals on great products! Great deals and great products! Whats not to love? Amazing deals for moms especially moms that are on a budget or on mat leave or who love to shop great deals online right from home! I love that I can get really high quality brands at a discount! I also love that you carry inventive things that I'd never heard of, but immediately "need!" That they have awesome deals on adorable items for me and my baby. I save SO much money and yet can still be such a "posh" mom! I have found great new products that I love and have never seen in stores. Also, great customer service! I love getting to see the new products that appear on BabySteals. Most of them are very useful and clever. I also think the customer service is outstanding. I love the wide variety of quality products available at discounted prices. Also love the unparalleled customer service - quick to answer questions and address issues, always on Facebook providing input and giving advice for products. Can't recommend your site highly enough. Great deals - I particularly love the leg warmers I found here for my daughter! Introducing us to all sorts of awesome new products! The quality product and the prices!!!! I love how it introduces me to great companies at awesome prices. I would have never known about some of the products that are out there! innovative baby and kid things at an affordable price. Chelsey de Jong! I live baby steals because its things that are practical and not easy to find in my area expecial at these great prices! I love the amazing prices on all the great baby/kids items, but I really love finding items that I have never seen before and then loving them. The variety and great prices! Great products for great prices!! I love BabySteals because I have been able to buy things for my son for 50% off or more! I love that I was able to find this site while I was pregnant with him. It has helped to get both of us things that we need or just want!!!! Plus I get a lot of stuff for my mom and sister on SheSteals! I love the variety of items you have - it's a great opportunity to try brands I have no experience with! The great advice and products featured every day. It's great to get feedback on different products! Your great prices, and quick fulfillment of orders!! All the awesome prices and products! The customer services is outstanding! I LOVE IT ALL! I love the variety of products offered and being able to get high end products at really low prices. Emily Hess. I love that it is only one item(and they are always useful baby things) per steal, twice a day at the same time. Fun to look forward to and nice to know its not overwhelming like some other sites. I love that I can always find items I have wanted to try at a discount. They're shipped quick and I'm rarely disappointed. Amazing deals and fun anticipation. Everything!! I love that I can buy things that I wouldn't normally be able buy based on the price. I love that I'm introduced to new products and designers every week. I love that you ship quickly and my order are always correct. What I love most is my Ergo, that I wouldn't be able to carry my daughter around in if it wasn't for babysteals! Thank You baby steals! The amazing products, wonderful prices and ease of shopping! Great deals on quality products! Love the prices and the great products carried. I love to find unique things. The fact that you guys offer that without a ton of searching and always back the product with a thorough description is so awesome! I love when you carry Ju Ju Be and the great deals I can get on diaperbags! Great customer service and great selection and prices! Great deals and great shipping!! BabySteals offers great deals/steals each day and I look forward to seeing what's next! I love being able to get products I want at a great price, and I LOVE being able to pick it up locally to save on shipping! I love it because I get to find out about products that I've never heard about. I also get to buy them for ridiculously cheap prices! My husband may not agree as I've bought some stuff that I am obsessed with! LOVE BabySteals!!! The awesome deals on products that I might never have known about had babysteals not featured them. But mostly the amazing customer service! all the great deals and awesome service! I have found so many awesome products on BabySteals that I had no idea even exisited! From teething bling to disposable placemats...and all at a great price! Thanks for having an awesome site! Amazing products at great prices. The amazing deals and completely unique items!!! the great deals and the assortment of items i'd never buy if it wasnt for babysteals! First and foremost, I love the simplicity of the site. The fact that there are only 2 deals per day makes it so easy and simple for customers. I don't want to rifle through a website that's cluttered with tons of items and be overloaded with information. Two deals/day, simple and effective! Second of all, I love that the items Babysteals carry are practical, useful, hip and so helpful. When I became pregnant, I had no idea what items I will be needing. Since discovering Babysteals, I have items that I never in a million years would buy, items that have helped make it easier taking care of a new baby. Babysteals really caters to new moms. I didn't want to buy 5 different items of the same thing to find out which works best. Babysteals' reviews *by* moms really helps narrow down the choices. Thirdly, the absolutely amazing fast shipping is fabulous. Living in Canada, I thought I had to wait a month to get my items. But was pleasantly surprised to receive an email a few hours after purchasing that my item is on its way to my door! And lastly, the price, oh the price. They don't call it "steals" for nothing! Being on maternity leave, my income has been cut drastically, so I have to make my dollars stretch quite a bit. Saving up to 75% on baby items is such a great deal. I love BabySteals. I can't say enough good things about them.

2019-04-24T10:45:53Z

https://steals.com/cms/babysteals-is-on-internet-retailers-hot-100-list

THE EXPECTATIONS FOR CHANGE in U.S. policy toward Latin America when Barack Obama was elected president seemed as high among most governments and citizens of Latin America as the expectations of the voters in the United States who cast their ballots for him. Many analysts believed that the relationship between the region and the United States had reached a new low point during the two terms of Obama’s predecessor, President George W. Bush. While the most popular explanation for that outcome emphasized the "neglect" of or the "forgotten relationship" with Latin America, that neglect explanation understates the importance of both the Bush administration’s activities in Latin America and the actions of Latin American people and governments in creating the situation that confronted the newly elected President Obama. Bush administration officials did seek to influence political and economic developments in ways that would maintain regional hegemony for the United States, but they were unable to do so as easily as the U.S. government had in the past. When Barack Obama took office in January 2009, he confronted a much different situation in Latin America from what his predecessor had faced eight years earlier. In 2001, a fading Fidel Castro in Cuba, and Hugo Chavez, whose position in Venezuela was somewhat tenuous, were the only Latin American presidents who might be described as challenging U.S. influence from the left. Eight years later, Chavez was far more secure, a Castro-headed government was enjoying a resurgent relevance in the region, and they had been joined in office by enough kindred spirits to constitute what many described as a "red tide." Russia, China, and Iran were wandering around the region, and, for the most part, the leaders of all three of those countries were more welcome in Latin American capitals at the end of 2008 than the outgoing U.S. president. The United States was also being challenged by new regional organizations and meetings, from which the colossus of the north was deliberately excluded. As I noted above, the most popular explanation for those developments was that the United States was understandably preoccupied with developments elsewhere in the world. At war in both Afghanistan and Iraq, and concerned with potential security threats in Iran and North Korea, it would not be surprising that the focus on the Middle East and Asia would take attention away from Latin America. While there was a diversion of energy and resources toward the Middle East and Asia, Latin Americans did continue to experience the heavy hand of the empire to the north. The Bush administration responded to the rise of the Latin American left with threats (in Bolivia, the Ambassador’s words clearly backfired and helped to garner support for Evo Morales during his presidential runs), by working with opposition groups (in Venezuela, the support by US officials for those implementing the 2002 coup was clear, even if any actual US role in the coup is more difficult to determine), and by attempting to separate the "good left" from the "bad left" in a divide and conquer sort of strategy (Lula in Brazil was the good, pragmatic left, while Chavez was the classic bad, populist left). The Bush administration also continued to advocate economic neoliberalism, deregulation, and free trade orthodoxy as the one size fits all solution for the region’s economies. Finally, there was a security or even terrorism framing put on contentious issues such as drug trafficking and immigration. The combined militarizing of our relations with the region, political interventions, and efforts to impose its preferred version of free market capitalism throughout the region add up to what Greg Grandin described at one point as "new imperialism" in Latin America. The concept of imperialism has made a comeback of sorts over the last decade. What is particularly interesting is that the idea of empire is openly engaged by both the advocates of a robust U.S. military presence around the world and the critics of the same activities. As the title of this article suggests, I believe that the Obama administration has continued with the imperial policies of the Bush administration, although they have accompanied those policies with a much different tone and far more conciliatory rhetoric. In effect, we are now the sort of "good neighbors" who shake hands and exchange pleasantries even with those we don’t like very much, but we clearly remain committed to asserting economic and political power in the area. The actual period of the good neighbor policy in United States relations with Latin America is sometimes seen as a break from the overall U.S. strategic interests in exerting control over the region. But in practice, the withdrawal of U.S. troops from the region in the early 1930s coincided with support for dictators and oligarchies in many of the same countries that we had previously occupied. As long as those governments supported U.S. geopolitical and economic interests, we would keep our troops at home. Underneath the change in appearance and discourse, an implicit imperialism continued to characterize U.S. policy. In the rest of the article, I will first make the argument about continuity from Bush to Obama, starting with Cuba, a country toward which there seems to have been some policy change. The case of Honduras provides a particularly instructive example to test how the Obama administration responded to an extra-constitutional removal of an elected leader, who had become allied with the "bad left" in Latin America. On the other side, relations with Colombia seem to suggest at least continuity with the aggressive policy of military support to the most consistent U.S. ally in South America. Next, the approach to "intermestic" issues such as immigration and drug trafficking by the two administrations will be assessed. Finally, relationships with Brazil and Venezuela will be discussed. In the concluding section of the article, I will offer a few possible explanations for the continuity between the two administrations. WHILE RUNNING FOR PRESIDENT, Barack Obama did not give a lot of attention to the region of Latin America. The most important speech he gave was on May 23 before the Cuban American National Foundation in Miami, Florida. Unfortunately titled, "Renewing U.S. Leadership in the Americas," the speech directly criticized the Bush administration record in the region and offered some general ideas about what his administration would do differently. Obama describes the Bush approach: "…its policy in the Americas has been negligent toward our friends, ineffective with our adversaries, disinterested in the challenges that matter in peoples’ lives, and incapable of advancing our interests in the region." The basic problem then was that negligence and disinterest did not allow us to "lead the hemisphere into the 21st century," but when Obama becomes president, "We will choose to lead." "It’s time to turn the page on the arrogance in Washington and the anti-Americanism across the region that stands it the way of progress." If "we leave the bluster behind," then "we can renew our leadership in the hemisphere." As some analysts have suggested about the Obama campaign more generally, it was easy to read into the message of "change" whatever sort of shifts from the Bush years that one could imagine wanting. In terms of foreign policy, when Obama said that he would meet with people such as Ahmadinejad, Castro, and Chavez without preconditions, it wasn’t a reach to assume that he would surely want to lift the embargo with Cuba too. Or as a person of color with recent family immigration experiences, surely he would move quickly on the immigration reform issue. And when he told those of us in places such as Ohio and Pennsylvania that he wanted to renegotiate NAFTA, we could imagine that he was ready to move beyond free trade orthodoxy in Latin America. A careful reading of his limited legislative record as a senator and his campaign speeches would have given pause to those expecting dramatic changes in U.S.-L.A. relations. In that Miami speech, he directly said that he would keep the embargo with Cuba in place. On immigration, while he had co-sponsored the DREAM Act (to provide a path to citizenship for those who had come to the US as children), he had also voted for the Secure Fence Act, which authorized building several hundred more miles of wall between the United States and Mexico. And the renegotiation of NAFTA was not because he recognized the harm being done to Mexican peasants or workers, due to both the agreement and unfair US trade practices, but rather to somehow bring manufacturing jobs back to the rust belt. PRESIDENT OBAMA’S INITIAL APPOINTMENTS to key foreign policy posts suggested the possibility of continuity with the Bush and Clinton administrations. Secretary of Defense Gates was asked to continue on from his work for President Bush, and Secretary of State Clinton showed Obama’s likely comfort level with the foreign policy approach of the last Democratic president. President Bush’s Assistant Secretary of State for Western Hemispheric Affairs, Tom Shannon, continued in that position until he was nominated by Obama to be the U.S. Ambassador to Brazil. Arturo Valenzuela, who became the Assistant Secretary of State for Western Hemisphere Affairs, was one of the authors of Plan Colombia when he worked in President Clinton’s administration. Jeffrey Davidow, who came out of retirement to serve as White House Advisor to the Summit of the Americas, had a Chilean embassy position at the time of the Allende overthrow, and he served the Clinton administration as Ambassador to Venezuela and Mexico, as well as Assistant Secretary of State for Inter-American Affairs. The former Ambassador’s known positions on trade, the drug war, and Cuba did not suggest that his pre-summit counsel would be in the direction of significant policy change toward Latin America. Before leaving for his first summit with Latin American leaders in Trinidad and Tobago, only a few months after taking office, President Obama announced that he would end the Bush administration-imposed policies of limiting remittances and travel by Cuban Americans to the island. The announcement of the change for Cuban Americans was clearly timed to preempt the universal criticism that the United States would be getting for the embargo at the Trinidad and Tobago summit. That embargo lacks any global support as indicated by the yearly UN resolution that condemns the policy. The 2010 vote was 187-2, with only Israel joining the United States. Israel casts a vote with the US, but it maintains trade and investment with the Cubans. For a president who promised that multilateralism would replace his predecessor’s unilateralism, it would be hard to rationalize being on the losing end of a 187-2 vote as part of a commitment to cooperate rather than go it alone. Latin American media previews of the meetings consistently mentioned that the one thing Obama could do to indicate real change in U.S.-L.A. relations would be to lift the embargo. A year after the summit, President Obama’s Secretary of State, Hillary Clinton, was asked about the embargo, and she gave an interesting answer: "It is my personal belief that the Castros do not want to see an end to the embargo and do not want to see normalization with the United States, because they would lose all of their excuses for what hasn’t happened in Cuba in the last fifty years." So, the country’s top diplomat seems to understand that the United States currently has the policy preferred by the government that we are trying to weaken, and yet the Obama administration is unwilling to change the policy. Instead of change, we have seen the Cuban government listed as a "state sponsor of terrorism"; and the United States continues to provide funds for Cuban dissidents by way of quasi-governmental organizations. That last practice led to the arrest of Alan Gross who after entering Cuba on a tourist visa, was apparently working for Development Alternatives, Inc., a subcontractor of the State Department, with the assignment of providing satellite communications equipment to Cuban dissidents when he was arrested in December 2009. Adding to the costs for the U.S. government of such a policy, the Cuban government is able to discredit its civil society opponents who receive such financial assistance as U.S. government "mercenaries." For good measure, the Obama administration designated Cuba (along with Iran, Sudan, and Syria) as a state sponsor of terrorism, subjecting anyone from Cuba or traveling through the country to enhanced security checks. In January 2011, Obama took another step toward loosening the travel ban along the margins, but most U.S. citizens will still not be able to travel to the island, and the embargo remains as firmly in place as ever. At the April 2009 summit, President Obama’s interactions with Venezuelan President Hugo Chavez received the most U.S. media attention. After first shaking the hand Chavez offered him, President Obama then accepted a book by Eduardo Galeano that the Venezuela leader gave him the following day. It is likely true that President Bush would not have let himself get in that situation, but it is hard to imagine that President Obama had any other option than to accept the offered hand and book. In general, the rhetoric between Caracas and Washington has been toned down since the Bush years, but no substantial change in policy is apparent. With Bolivia, another country on the "bad left," Obama has also continued with Bush era policies. At the end of June 2009, the United States permanently eliminated Bolivia’s trade preferences, which had been temporarily suspended by President Bush. President Evo Morales responded by accusing Obama of having "lied" in Trinidad and Tobago. The expectations had been quite high at the beginning of the summit that the Obama presidency would bring about reduced tensions among the United States and the Latin American left, but certainly policy toward Cuba, Venezuela, and Bolivia did not change markedly over the first several months of the new president’s term. The next major test for the Obama administration came only a couple of months after the summit, when President Zelaya was removed from his office by the Honduran military early in the morning and flown out of the country (with a stop at a U.S. base in the country for refueling). The initial response by the Obama administration was to describe the removal as illegal and to call for the suspension of the country from the OAS, suggesting that they might have learned from the Bush administration’s acceptance of the 2002 military coup that temporarily removed Chavez from power. Still, almost all of the U.S. aid to Honduras continued to flow, members of the Honduran military continued to train at the renamed School of the Americas at Fort Benning, Georgia, and the U.S. Ambassador stayed in Honduras. Over time, the U.S. rhetoric clearly changed, and U.S. statements and actions pushed the Obama administration away from the widespread Latin American resistance of the post-coup government’s legitimacy. A little more than a week before the November 29 elections, the United States signaled that it would accept the outcome of the election. Although Panama took a similar stand at the time, that position had not been publicly taken by any other government in the Americas before the United States did so. Others, such as Colombia and Costa Rica, recognized the new Lobo government in Honduras soon after the election was held, but the United States was not part of the region’s mainstream. There was considerable domestic pressure on Obama to move in that direction – whether from paid Honduran lobbyist and former Clinton administration official, Lanny Davis, or from Bush administration official, Roger Noriega, or perhaps most effectively, South Carolina Senator Jim Demint who put a hold on the confirmation of Obama’s Latin American team until it was clear that the United States would recognize the new government. In the analysis of one Argentine diplomat: "Obama has decided that Latin America isn’t worth it. He gave it to the right." That likely overstates somewhat the Obama administration’s actual differences with the position of the Republican right on Honduras. But still, in what was arguably the most important Obama administration decision about U.S. policy toward Latin America to that point, the choice is either to believe that he caved in the face of pressure from a South Carolina Senator or that he was more than willing to move on as if a military coup in Honduras had never happened. Secretary of State Clinton’s rhetoric suggested that she was generally comfortable herself putting pressure on Latin American governments who challenged the United States. At the end of 2009, she offered a not very veiled threat to Latin American countries who were developing relations with Iran: "I think if people want to flirt with Iran, they should take a look at what the consequences might well be for them. And we hope that they will think twice." The Obama administration went on record as telling countries in the region – not just Venezuela, Bolivia, or Cuba had diplomatic ties with the Iranians, but the Brazilians did as well – that they should expect significant costs if they did not follow the U.S. foreign policy line in that case. At the end of 2009, the Obama administration showed quite clearly that their approach to Colombia would be more of the same as well. In this case, that meant that President Obama signed an agreement in October 2009 giving the US access to seven bases in the South American country to replace the access in Ecuador that ceased when the ten-year lease at Manta was not renewed by the Correa government. From the perspective of regional leaders such as Chavez and Lula, there were a number of problems with that decision. First, there was no evidence of consultation by the U.S. government with Colombia’s neighbors, including Brazil. The secretive bilateral agreement with Colombia did not seem consistent with the words of a U.S. president committed to a new era of cooperation with his neighbors. Complicating things even more, the Venezuelans were able to report that a U.S. Air Force document said that the use of the base in Palanquero, Colombia, "…provides a unique opportunity for full spectrum operations in a critical sub-region of our hemisphere where security and stability is under constant threat from narcotic-funded terrorist insurgencies, anti-US governments, endemic poverty and recurring natural disasters." In this case, not only does the Obama administration seem to be fully supportive of the military solution to drug trafficking, but the wording here suggests that the empire believes in military solutions to both poverty and anti-U.S. sentiment. The language was eventually removed from the document, but the damage was done. Besides Colombia, the most consistently pro-U.S. government in the region has been Mexico. The issues of contention between the United States and the bordering country have included immigration, drug trafficking, and trade. President Fox, who was in office from 2000-2006, was particularly disappointed in President Bush’s unwillingness to use political capital on a comprehensive immigration reform, even though the former Texas governor had consistently offered rhetorical support for the policy. When President Calderon succeeded Fox, he initiated a more aggressive and militarized challenge to drug traffickers in Mexico. The U.S. government passed the Merida Initiative, which was occasionally described as a "Plan Mexico," given its similarity to the Colombian drug policy. In the area of trade, the Mexican government has long argued that Mexican truckers should be allowed to transport goods to U.S. destinations, and had sought the elimination of some barriers to the sale of Mexican foodstuffs in the United States. In the case of the "drug war" in Latin America, the Clinton to Bush to Obama continuity is very clear. New words from the current U.S. president were initially well received south of the border. In a joint press conference in Mexico with President Calderon, President Obama said that, "A demand for these drugs in the United States is what is helping to keep these cartels in business. The war is being waged with guns purchased not here, but in the United States." While he acknowledged the shared responsibility, President Obama did not alter the U.S. policy in any significant way. Through the Merida Initiative, we continue to arm the militaries of Mexican and Central American governments, ensuring that from Colombia to the U.S.-Mexico border, the primary U.S. role is to provide additional arms to militaries with dismal human rights records. At the same time, the logical policies that would flow from the Obama rhetoric – renewal of the assault weapons ban or redirection of resources to the demand side – have not been enacted. It is much easier politically to provide the Mexican military with Blackhawk helicopters than it is to take on the gun lobby or implement effective drug rehabilitation services in U.S. prisons. In response to the criticism from the gun lobby, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) even stopped releasing statistics on the percentage of weapons seized in Mexico that had been purchased in the United States. President Obama suggested during the campaign that he would support comprehensive immigration reform, as had his predecessor. As president, Obama has appointed dozens of Latinos to important positions in his administration, and the nomination of Sonia Sotomayor to the Supreme Court was an important statement. But in the two years that he has been in office, the substantive policy changes from the Bush years have actually been in the direction of more troops and agents on the border, and an increase in deportations during each of the two years. Secretary of Homeland Security Napolitano announced in October 2010 that in addition to the record number of deportations, the Obama administration had audited more employers suspected of hiring illegal labor in their first 20 months than the Bush administration had during its entire time in office. On the other hand, the Obama administration did voice its displeasure with the SB 1070 legislation passed in Arizona, and the Attorney General has pursued a legal challenge to the state’s rights to implement that sort of immigration policy. But overall, a president who voted for the Secure Fence Act when he was in the U.S. Senate has generally not deviated from the Bush administration approach. The nicer words for our neighbor cannot mask the ongoing policy of coercion – walls, deportations, and the creation of a hostile enough environment that will lead undocumented people to choose to leave on their own. One of the most popular presidents in the world, much less the Americas, was Lula da Silva in Brazil. President Bush maintained friendly enough relations with Lula, but it was clear that during the years both were in office, the Brazilian president was increasing his influence, while the U.S. president’s influence was receding. Lula played a role in the development of regional organizations, effectively dealt with Chavez in Venezuela, renewed a friendship with the Castros in Cuba, worked together with "emerging powers" China, Russia, India, and South Africa, and forcefully challenged the US on issues of fair trade. While President Obama seems to have developed a friendship with the outgoing Brazilian President, his administration does not seem to have figured out a strategy for dealing with the country. Lula exchanged visits in 2009-2010 with President Ahmadinejad in Iran, he rebuffed Secretary of State Clinton’s request for support in the UN for sanctioning Iran, and in May, 2010 he and Turkish Prime Minister Erdogan negotiated a commitment from the Iranians on their nuclear programs that is said to have made the Obama administration "furious." In December, 2010, the Brazilians and the Argentines recognized the state of Palestine, in what was both a response to the Obama administration’s officially ending the attempt to negotiate a temporary settlement freeze in the West Bank and another statement about the willingness of important countries in Latin America to take stances on international issues that are unwelcome in Washington. The worst relationship the Bush administration had with a Latin American leader was certainly with Venezuelan Hugo Chavez. In an interview on a Spanish-language television station during the week before Obama was inaugurated, the incoming U.S. president noted that Venezuela was "exporting terrorist activities" and generally "hindering progress in the region." It is curious that Obama would unnecessarily start to make arguments about Chavez that sound a lot like those of Bush and his Secretary of State, Condoleezza Rice. It is hard not to conclude that the Obama administration has the same goal as the previous administration of isolating the "bad left" in Latin America. According to Eva Golinger, the National Endowment for Democracy (NED) provided almost $2 million to opposition groups in Venezuela during 2009, more than double the amount from the last year of Bush’s presidency. Both the Bush and Obama administrations tried to discourage the sale of arms to Venezuela with the argument that they could end up in the hands of Colombian rebels, but neither US president had much success on that front. Rather than any direct U.S. policy, it appears that the biggest challenge faced by Chavez is due to the lingering economic problems in the country. While Chavez and the Obama administration have generally steered clear of the name-calling on both sides that characterized the Bush years, there are signs that the Venezuelan president’s patience might be wearing thin. In December 2010, Chavez confirmed that he would not accept the appointment of Larry Palmer as the Obama administration’s Ambassador to his country. Palmer had made "disrespectful" comments about Venezuela in email responses to questions from Senator Richard Lugar as part of the confirmation process, and those replies were then posted on the Indiana Republican’s website. The Venezuelan President said that Palmer would be detained at the airport and sent home should he try to enter the country. THE OVERALL POLICY CONTINUITY would be understandable if U.S.-L.A. relations were at a good place when President Obama took office. But given the nearly universal sentiment that relations were at a low point, the failure to shift course begs for an explanation. We are left first with the possibility that in the case of Latin America, Barack Obama’s worldview is similar to his most recent predecessors’. Their "leadership" in the Americas includes aid and encouragement to those who oppose governments on the left; an economic embargo and prohibition of travel to Cuba by nearly all U.S. citizens; a militarization of drug policy and a security-first approach to immigration; and attempts to provide open access for U.S. investors and goods in Latin America. President Obama may simply share a set of beliefs about Latin America held by at least the post-Cold War US presidents. As a supplement to that idea, we might return to the idea of regional neglect. In that scenario, President Obama has been distracted by an ongoing economic crisis and more pressing foreign policy concerns in other parts of the world. So, without the time and energy for transforming Latin American policy, the default is continuity. But just as with the Bush years, there were certainly policy decisions being made – the Honduran coup, bases in Colombia, Bolivian trade preferences, and increases in deportations – that suggest it’s not neglect, but rather how the Obama administration engages the region that is the problem. A second set of explanations would focus on the impact of U.S. domestic politics on foreign policy toward Latin America. With many of the contentious issues having both international and domestic political implications, significant Latino ethnic interest group activism present in the United States, and the lack of real military or hard security threat in the region, policy toward the rest of the Americas seems particularly open to domestic political calculations. In that case both Bush and Obama may be affected by similar political pressures; therefore, we get similar outcomes. Presidents from both parties after all want the support of U.S. agro-industry, which continues to be both heavily subsidized and then protected on the rare occasion when the Brazilians or another Latin American producer is still too competitive. Presidents from neither party seem willing to risk the potential loss of Electoral College votes that might result from challenging an anachronistic embargo that is still supported by many Cuban Americans in South Florida. Defense contractors have the same interest in securitizing drugs and immigration, and corporations want the government to protect private property in Latin America when nationalizations and expropriations are put on the agenda, regardless of who is in the White House. In the end, we may really be left here with yet more evidence that the US policy toward Latin America is embedded in larger structural forces that mean partisan differences in policy are usually more symbolic than real. The Caribbean is supposed to be "America’s lake," Latin America’s resources should be available for U.S. investors, and this is a region in which we are meant to lead. Regardless of who holds the presidency, the United States has expectations for the region – sign free trade agreements or eradicate coca crops – and it tries to cajole or coerce Latin American governments to fall into line. Control over Latin America was among the earliest U.S. foreign policy goals, and it has really never changed. The current U.S. president is still more popular in the region than his predecessor, and his administration’s language is somewhat more measured when he deals with anti-American sentiment, but in the end, he’s still the leader of the "Colossus of the North." The change is really in the South, where resistance from Bolivian social movements and Brazilian or Venezuelan presidents is making it clear that the United States is no longer able to dictate policies in the region. Compounding the problem for the U.S. president is that the economic and ideological resources at his disposal are shrinking, and the competition from China and others outside the region is increasing. While Obama faces a situation in the region made more difficult as a result of the Bush policies, we continue to see evidence of a similar overall approach to the region. The training of Latin American military personnel in the United States continues – at the renamed School of the Americas (Western Hemisphere Institute for Security Cooperation), much of the focus post-Cold War is on preparing those troops to fight against drug trafficking. The Central American corridor linking Mexico to Colombia is increasingly well stocked with U.S. military resources and U.S.-trained troops. The proposed access to seven bases in Colombia and the increasing militarization of the US-Mexico border add to the security effect. Finally, free trade agreements with Mexico (NAFTA) and Central America (CAFTA-DR), as well as those awaiting ratification with Colombia and Panama, effectively marry U.S. military power to economic interests in a way that would be familiar to past critics of U.S. imperialism in the Americas. President Obama has not aggressively pushed ratification of the trade agreements with Panama and Colombia to this point, but with the Republican pickup of seats in the 2010 election, he will have a new opportunity to extend the economic component of that security corridor further into the region. White House Press Secretary Robert Gibbs slammed the "professional left" in an August 2010 briefing for their criticism of President Obama: "I hear these people saying he’s like George Bush. Those people ought to be drug tested." He went on to suggest that the left wouldn’t be satisfied until "we’ve eliminated the Pentagon." While it is tempting to respond with a sarcastic comment about how easy access to those drugs is guaranteed as long as the U.S. government bases its drug policies in the Pentagon, the argument here is that when it comes to Latin America, the "professional left" should feel free to argue that Obama is much more "like George Bush" than not. While he is still somewhat more welcome in Latin American capitals than his predecessor, that’s largely because he is a more soft-spoken neighbor, not because he holds different views about the neighborhood itself. Given how big the opening left him by President Bush, Obama’s failure to reshape the U.S. approach to Latin America is all the more shameful. 1. Greg Grandin, Empire’s Workshop: Latin America, the United States, and the Rise of the New Imperialism, (New York: Metropolitan Books, 2006). 3. During a July 2008 trip to Cuba, for example, I visited a large Israeli citrus farm just outside Havana that was a joint venture with the Cuban government. 5. Of the 14 countries on the full list to get enhanced screening (the other ten were described as "countries of interest"), Cuba is both the only country in the Western Hemisphere and the only one without a significant Muslim population. 6. Greg Grandin, "Muscling Latin America," The Nation, February 8, 2010.

2019-04-25T22:30:48Z

https://newpol.org/issue_post/good-neighbor-imperialism-us-latin-american-relations-under-obama/?print=print

Nonlinear dynamics has shown the fallacy of this supposition: The concrete values that may be assumed in the variables of the equations of motion constituting the laws of physics (what are known as present or starting conditions) as a result of the spontaneous or intentional interaction of subject or measuring systems and of object or measured systems cannot be of infinite precision. Indeed, even if they could be, it is not at all clear that they would permit Laplacian determinism because of what is thought to be the ubiquity of K-flow dynamics in nature in which even infinite past information leading to the present cannot yield prediction of the future. In consequence, nonlinear dynamics, in rebellion against dynamical time, generates a primitive form of history distinguishing past, present, and future that may be termed nonlinear dynamical hysteresis. When nonlinear dynamics came to be complemented with semiotic modulation through the implement of symbol-mediated language (a complementation subsequently termed semantic closure) as first instantiated through the communicating as opposed to the merely dynamically interacting molecular complexes of the cell, what can be termed semiotic hysteresis was born. The paper attempts to show that indefinitely evolving complexity, sustainability, justice, and meaning are indissolubly bound with chronological time in the sense of semiotic hysteresis (i.e. non-cognitive semantic closure first instantiated in the cell developing into cognitive semantic closure in human society): This semiotic hysteresis yields the indefinite evolutionary time of the living condition—including culture. The Nobel laureate in literature, Henri Bergson, famously argued that the role of time in nature is to prevent the simultaneous incidence of all events. He viewed time as a “vehicle of creativity and choice”. The distinction between dynamical and chronological time bears out Bergson in this assertion. Dynamical time is the time embraced by most of the laws of physics. It originally derives from the oldest branch of physics—classical mechanics. It is not the irrevocable time of our naïve experience in which irrevocable choices, whether intentionally or not, are made. Rather it is what may be termed an “indifferent time interval”—a time interval devoid of qualitative variation or significance. Classical mechanics makes a similar substitution in the spatial dimension: the “location” of human experience is replaced by “indifferent distance”—a spatial extension devoid of qualitative variation or significance. If the laws of physics are the same for all places and at all times, why is there any ‘interesting’ structure in the universe at all? Should it not be homogeneous and changeless? If every place in the universe were interchangeable with every other place, then all places would be indistinguishable; and the same would hold for all times. … The problem is, if anything, made worse by the cosmological theory that the universe began as a single point, which exploded from nothingness billions of years ago in the big bang. At the instant of the universe’s formation, all places and all times were not only indistinguishable but identical. The indifferent time interval or dynamical time of classical mechanics is responsible for the philosophical position called Laplacian determinism—that the distinction between past, present and future is illusory because both the past and the future are already implicit in the present. More precisely, the past may be reconstructed, literally, from the present and the future predicted or constructed from the present. The past and the future may therefore be collapsed upon the present into a timeless, non-actualized potential. Hence, the homogeneity or identity Stewart speaks of above. Nonlinear dynamics has disclosed the fallacy of Laplacian determinism. Laplacian determinism, nonlinear dynamics instructs us, can only be upheld if the present or starting conditions (i.e. the values of the variables in the equations of motion by which the laws of physics are expressed) are specified with infinite precision. Indeed, it is not at all clear that even infinite precision in the specification of starting conditions would suffice to uphold Laplacian determinism because of what is thought to be the ubiquity of K-flow dynamics in nature in which even infinite past observations leading to the present fail to predict the future. The specification of starting conditions adverted to above transpires in what physicists call the measurement process. This process may be contrived in the laboratory, as when scientists are checking out a new detecting instrument sensitive to some aspect of the universe hitherto unobservable; or when, for some reason, calculation from first principles is impossible and only experimental measure will yield the relevant starting conditions; hence the origin of the term “measurement”. Alternatively, the process may spontaneously occur in nature. In the process, a subject or measuring system selects particular dynamics for propagation from an object or measured system. The selection is implemented through what are called, in physics, as boundary conditions; or more complicated boundary constraints (i.e. the range of admissible values to the variables at issue). The subject system selects a particular dynamic from the object system for expression in itself as a record in a material structure, such as a gene; or as a modulated action, such as enzyme catalysis. For the boundary constraint exerted by the subject system to be able to discharge its selective function, however, it is required that it lie outside the descriptive embrace of physical law. This is not to say that it is beyond such embrace (at least, for finite measurement precisions). It is only to say that if one insists on such an embrace, then the boundary constraint will forfeit its ability to discharge the measurement function and another boundary constraint not within the descriptive embrace of physical law must be brought in. The subject and object systems involved in the measurement process, if they are not already present from a prior act of measurement, may be created during the measurement process itself; in which case, measurement is more accurately termed a bifurcation. Measurements and bifurcations arise from instabilities (further explained below) defying the prediction of the laws of physics. In the case of the subject system, for example, consider the radiation process: This process can only transpire when the radiation sources (technically, the material oscillators) have succeeded in creating the necessary selecting environment (technically, the field oscillators) which will propagate radiation. There is a pause preceding this creative process that is not explained by the relevant equation describing the dynamics involved. Instability, as described above, transpires because the concrete or particular values assigned to variables in the laws of physics by natural or intentional processes are not and cannot, for finite beings in the observable universe, be of infinite precision; indeed, even infinite precision may, as described above in connection with nonlinear dynamics, be unavailing to prevent instability. Einstein, in effect, succinctly summarized this state of affairs when he said: “‘Insofar as the propositions of mathematics are certain, they do not refer to reality; and insofar as they refer to reality, they are not certain.’” Instability implies that, in both classical and quantum physics, “events” independent of laws (i.e. not predicted by laws) are necessary if we are able to account for the observable universe. The events adverted to may be identified with the contingent emergence and selective effects of boundary constraints and attest to the dictum of nonlinear dynamics that the whole is greater than the sum of the parts, over chronological time. The implication is that, for sufficiently complex systems, it is indeed possible to exercise ethical choice, initially at least, through the collective or macro-level imposition of selective boundary constraints on dynamics embracing the indefinite future. The embrace of the indefinite future in the imposed macro-level boundary constraint is necessary if ethical choice is at all to be made since the demands of the indefinite future act as a filter against the simultaneous incidence of all choices. Once the macro-level boundary constraint (which may be seen as a selecting environment) has been imposed, nothing prevents the exercise of ethical choice at the individual or micro-level. The significance of the measurement process should be underscored: Prior to the measurement process in physics, the laws of physics are in a sort of timeless limbo without actual contact with what would be the observable universe. That is to say (to echo Bergson), physical laws are so general of application (they represent the simultaneous incidence of all events within their descriptive embrace) that they find no particular application unless and until the measurement process selects a particular dynamic permitted by them for propagation in the actual universe. Because of measurement and the consequent intrusion of nonlinear dynamics into mere linear or deterministic dynamics (or should it be the other way around?), chronological time is generated through a primitive history that may be termed nonlinear dynamical hysteresis. More precisely, when the imposed boundary constraint in the measurement process is sufficiently strong to permit several selections from the same parameter values in the boundary constraint such that chance alone determines the selection of particular dynamics for propagation (i.e. the selection of dynamics is not determined by physical law), then the “system is imbued with a historical dimension in the sense of a critical event that will influence subsequent system behavior. Such historically determined behavior is called [nonlinear dynamical] hysteresis”. Irreversibility, and therefore the flow of time, starts at the dynamical [micro- or individual] level. It is amplified at the macroscopic level, then at the level of life, and finally at the level of human activity. What drove these transitions from one level to the next remains largely unknown, but at least we have achieved a noncontradictory description of nature rooted in dynamical instability. The descriptions of nature presented by biology and physics begin to converge. That convergence was consummated in successful bridging through the emergence of symbol-mediated boundary constraints complementing nonlinear dynamics as first instantiated in the cell. As the fundamental example, consider protein synthesis: Genes only specify the linear sequence of amino acids constituting proteins. How these linear sequences then subsequently fold into three-dimensional conformations to confer the specific functional properties of proteins relies on complicated nonlinear dynamics not specified by the gene but rather resulting from attractions and repulsions between chemical bonds in the amino acid sequences and the chemical bonds in the environment of those sequences. This complementation of symbols and nonlinear dynamics in the living condition has been termed semantic closure in theoretical biology. What is it that distinguishes complexity in the living domain from complexity in the non-living domain? In a seminal study initially ventilated through a lecture in 1948, the mathematician, John von Neumann, informed us that complexity in the living domain, with its ability to indefinitely evolve (a capacity not observed in complexity in the non-living domain), must involve the complementation of syntax or symbol manipulation and semantics in the form of nonlinear dynamics. This complementation, termed semantic closure, developed and evolved from the measurement process in physics. The syntax involves molecules or other material structures invested with symbolic or linguistic significance serving as boundary constraints and capable of copying or transmission, without interpretation; and the semantics involves the dynamical selections of the boundary constraint and the subsequent interpretation of the constraint through the propagation of the dynamics, which propagation considerably augments the extremely limited information in the boundary constraint. The semiotic or message conveying nature as opposed to the dynamical nature of the complexity wrought by semantic closure should be emphasized. The complementation of syntax and semantics means that we are dealing with “records, codes, signals, and messages” rather than mere dynamical interactions. This ability of semantic closure to convey messages embodied in the living condition reposes on the fact of the dialectical disjunction and continuity of syntax and semantics: The syntax, by avoiding complete microscopic description (which is beyond its ability anyway as revealed by the seminal investigations of Turing in computation theory) and resorting to dynamical elaboration (as when syntax only specifies the linear sequence of amino acids and leaves the semantic of sequence folding into functional proteins to nonlinear dynamics), means that the consequent semantic closure achieves a non-tautological description. Such non-tautological description is a requirement of information theory and symbolic dynamics if meaningful messages are to be at all possible. We shall see this point elaborated in our discussion of meaning below. The peculiarity of this semiotic description to the living condition, with its ability to yield simplification of results into intelligibility and relevance (e.g. syntax leading to a computationally intractable crevasse of nonlinear dynamics leading to a functional protein) must be contrasted to the dynamical description championed by mainstream physicists and their adherents: In physics, an opposite trend is observed—the ubiquity of the simplest possible problems in the nonliving domain that produce such complicated results that the physicist must content himself with mere statistical descriptions forsaking all individual details. Several properties of the symbolic boundary constraints in semantic closure make them naturally suited to embrace chronological time and indeed refine it beyond nonlinear dynamical hysteresis, to yield semiotic hysteresis. One of that property is, of course, memory: Genes (collectively, the genotype) afford the reproducibility, with slight modification, of their complementary nonlinear dynamics in the phenotype (i.e. the physical and behavioural characteristics) of the organism. That the phenotype is nonlinear dynamical in character explains why species with minimal differences in genotype (e.g. chimps and humans) can nonetheless display vast differences in attainments. That the changes in phenotype are also dialectically slight is the reason why the emergence of one species from another is difficult to discern, even in retrospect. Contrast this with the dramatic and non-equivocal character of emergence in simple nonlinear dynamical hysteresis, such as the fracture of a beam. In beam fracture, the cumulative production of “precursor structures of fracture” due to stress concentrators from imperfections in the three-dimensional molecular or atomic disposition of the bulk material, means that the repeated application of even an ostensibly safe load (way below the theoretical tolerance of the material in question if imperfections of molecular or atomic disposition in space were prevented, which they cannot be because this would take infinite time) must eventually yield to complete structural failure in the bulk material. Another property of symbolic boundary constraints in semantic closure that lends itself to the embrace of chronological time is that of linguistic displacement: An alteration in a gene, for example, may presently have neutral effects. (Most alterations, however, have lethal effects.) Millions of years hence, it may be found to have a selective effect for survival in a novel environment. Linguistic displacement exhibits the power of the living condition to couple itself with the indefinite time horizon that nonlinear dynamics demands: Nonlinear dynamics’ dictum that whole is greater than the sum of the parts means that the long-term cannot be built from the mere addition of the short-term. Accordingly, the long-term, macro-level goal or choice must, by intention, through cognitive semantic closure; or by inadvertence, through non-cognitive semantic closure, be imposed at the outset if the addition of short-term , micro-level, individual choices is to have a benign, let alone a prosperous conclusion. In the evolution of life on the planet, the embrace of the indefinite future was achieved by non-cognitive semantic closure through bacterial intervention operating through epigenetic loops. The reference being made here is to the planetary superorganism termed Gaia by Lovelock. As Lovelock has argued with great persuasion, it is only because of bacterial activity on a planetary scale that conditions hospitable to life have been preserved for and beyond the 3 billion years in which only bacteria and archea (another group of single-celled organisms) were the only living organisms on the planet. If bacterial activity had been absent and what we have identified as non-cognitive semantic closure had not been in operation through epigenetic loops, the planet would have evolved solely according to the equilibrium laws of physics and chemistry. In that case, all possible chemical reactions capable of transpiring from micro-level interactions would have done so. We would then expect the predominance, in our atmosphere, for example, of equilibrium gases of a generally non-reactive nature, such as carbon dioxide (which is in fact the case for Mars and Venus). Instead, we find gases that react with one another, such as oxygen and methane, co-existing indefinitely. This argues the intervention of life in preserving conditions hospitable to life (i.e. non-cognitive semantic closure). This conclusion is at variance with mainstream, neo-Darwinian evolutionary biology, which takes the hospitability of the environment to life as a given. Accordingly, Lovelock points out, the neo-Darwinians have been the most vigorous objectors to his Gaia concept. Lovelock cites the example of the prominent, if not pre-eminent, neo-Darwinian, Richard Dawkins, who “[i]n his second book, The Extended Phenotype”, attempted to quash the Gaia concept by arguing that genes could never express themselves on a planetary scale. Lovelock objects, however, that genes, through the mediation of the cell membrane, can in fact express themselves on a planetary scale: The necessity of keeping the cell membrane intact means that the biochemistry selected for propagation by genes and which reciprocally considerably augment the information content of the genes to a level of complexity beyond their own must, on pain of extinction, result in extracellular metabolites which operate to adjust environmental conditions towards compatibility with the cell membrane. Those environmental conditions as regards, say, “temperature, salinity, acidity, redox potential, water availability”, are extremely restrictive in their range and it is exceedingly unlikely, if the equilibrium laws of physics and chemistry alone were in effect, that they would have persisted in the far-from-equilibrium ranges that they have. For example, without the action of hydrogen-sequestering bacteria that metabolize hydrogen sulphide to sustain themselves; and without the oxygen generated by photosynthesizing bacteria that then combine with available atmospheric hydrogen afforded by the hydrogen-sulphide bacteria, hydrogen liberated from the reaction of water with rocks in the presence of carbon dioxide would, in a period of 1 or 2 billion years, have effectively caused the depletion of all ocean waters through eventual escape of hydrogen into space. Fortunately, because of bacterial intervention beginning in the Archean eon (spanning 3.7 to 2.5 billion years ago) and continuing to this day, calamities of this sort have been averted. Furthermore, they have been averted, contrary to the neo-Darwinian assertion that competition is the primary organizing principle for the evolution of life, through cooperative communities of bacterial mats on lagoons or as communities on rocky substrates that were being transformed into structures called stromatolites (some of them the size of houses). The cooperation involved, it must be emphasized, was achieved, not by intention, but simply through chemical signals and the selective effects of those signal in fostering survival or not. Each one of us is a community of a hundred million million mutually dependent eukaryotic cells. Each one of those cells is a community of thousands of specially tamed bacteria, entirely enclosed within the cell … A single animal or plant is a vast community of communities, packed in interacting layers, like a rain forest. As for a rain forest itself, it is a community seething, with perhaps ten million species of organisms, every individual member of every species being itself a community of communities of domesticated bacteria. So we see that without non-cognitive semantic closure operating through epigenetic loops embracing the indefinite future (at least, approximately or effectively so, as we shall see in the next section) through the maintenance of the restrictive, far-from-equilibrium conditions compatible with the cell membrane, life on Earth would have not progressed beyond the bacterial stage before coming to an end. Semantic closure, cognitive or otherwise, is required, as von Neumann effectively argued (the concept of semantic closure was a subsequent distillation and elaboration from the work of von Neumann by Pattee), if complexity is to indefinitely evolve through semiotic hysteresis in what we have come to distinguish as life. In this section, we shall inquire why it is that cognitive semantic closure will be necessary if true sustainability is to be possible (again through semiotic hysteresis) beyond what even non-cognitive semantic closure can manage. To see the necessity of cognitive semantic closure on first instance, it might be well to reflect on why it is that human culture has apparently been so destructive to the ability of this planet to support life. As the most direct demonstration of this assertion, consider that human activity (i.e. through habitat clearing, habitat fragmentation, unsustainable harvesting, pollution, introduction of alien species) has raised the background rate of extinction by ten thousand percent. This development qualifies then as the sixth great mass extinction episode to be suffered by the planetary biota. Certainly not helping in this regard is anthropogenic or human-induced climate warming resulting from the fact that we are liquidating geologic capital, in the form of fossil fuels, in a matter of centuries whereas the accumulation of that capital (representing the sequestration of heat-trapping carbon dioxide) transpired over hundreds of millions of years. This destructive state of affairs may be readily ascribed, in light of the preceding discussion, to predominance of mainstream, neoclassical economics in the government of our affairs: Neoclassical economics was explicitly intended by its originators to be the equivalent, in the behavioral sciences, of classical mechanics in physics. Accordingly, it instructs human affairs with dynamical time. That is to say, only with present conditions. It secures that only present conditions govern human affairs through deliberately adopted temporal myopia achieved through such practices as ceteris paribus (Latin for “all other things being equal”) assumptions that are then used to prop up a spurious pseudo-dynamics (i.e. spurious because the conserved quantity is not identified as it is in, say, Hamiltonian dynamics in physics in which energy is the conserved quantity); the “by-gones” principle that counsels that only the balance between immediate future costs and benefits, with benefits outweighing costs, should determine whether or not a project should go on; and by discounting. The by-gones principle of economics, by effectively ignoring the cumulative costs of our actions, renders the economic process ahistorical, an isolated cycle of production and consumption that neither induces qualitative change in the environment in which it is embedded nor is affected by qualitative change in that environment. Discounting is the inverse compound interest calculation to determine whether or not to invest in a project or simply put money in the bank. Its effect is to contract time horizon of consideration because of exponential increase of inverse compound interest (i.e. the successive sums to be added quickly approach zero), thereby militating against investments in sustainability. A rationale often urged for upholding the temporal myopia secured by discounting is risk aversion. Thus, for example, it is often the case that loggers would rather harvest trees and place the revenues in the bank to earn interest because of fear from risk of, say, disease wiping out the trees or a logging ban preventing their harvesting. This temporal myopia fostered by discounting, ceteris paribus assumptions, the by-gones principle, and by risk aversion is enforced by market competition and deliberately chosen in cost-benefit analysis (i.e. to secure analytic tractability by eliminating increasing uncertainty, with chronologic time). The irony of this latter observation should be savored: cost-benefit analysis was precisely originated to correct for the market’s temporal myopia! How inimical to complexity the government of human affairs by present conditions alone or what is effectively dynamical time secured through temporal myopia is may be appreciated as follows: Temporal myopia militates against sustainable logging because agriculture yields quicker, more reliable, less risky returns to investment. By precisely the same reasoning, agriculture yields to manufacturing. In the same way, manufacturing gives way to speculative and financial institutions. The present financial crises shows in no uncertain terms how ultimately destructive dynamical time or government by present conditions or temporal myopia is: Even the abstract exchange value represented by money (as opposed to the concrete use value it purchases) is destroyed (e.g. the failure of financial institutions) by unrestricted pre-occupation with short-term gain authorized by instruction from present conditions or dynamical time alone. Accordingly, the necessity of instructing the economic process with chronological time. As with non-cognitive semantic closure, the aim is to institute semiotic hysteresis and permit gradual evolution by supplanting the non-graduated qualitative transitions yielded by nonlinear dynamical hysteresis. As with non-cognitive semantic closure, to do this, we want to impose symbol-mediated boundary constraints embracing the indefinite future (in recognition of the fact that nonlinear dynamics decrees the whole to be greater than the sum of the parts) and which permit the reproducibility of nonlinear dynamics, with slight variations, as in the phenotype. In non-cognitive semantic closure, we saw that this embrace of the indefinite future was achieved, initially and primarily still, by cooperative bacterial intervention within epigenetic loops on a global or macro-level. This macro-level intervention preserves conditions hospitable to the cell membrane through the appropriate extracellular metabolites. In cognitive semantic closure, the same intervention must be effected through public policy and the appropriate implementing social institutions. The public policy concerned is sustainability and its implementing social institutions (at least, the minimum ones) are Daly’s institutions for a steady-state economy. Before we discuss those institutions, it might be well to digress a bit on how dynamical and chronological time affect the notion of sustainability as conceived by neoclassical economists (who champion the former) and ecological economists (who champion the latter). The neoclassical economist’s notion of sustainability may be termed weak sustainability. This notion asserts that natural capital and man-made capital are substitutes rather than complements. They are qualitatively homogeneous rather than qualitatively heterogeneous. Natural capital (such as petrol) may therefore be completely converted to man-made capital (such as automobiles). The ecological economist’s notion of sustainability is that of strong sustainability. This notion asserts that natural and man-made capital are complements rather than substitutes. They are qualitatively heterogeneous rather than qualitatively homogeneous. Accordingly, natural capital cannot be completely converted to man-made capital. Rather, quantitative restrictions or boundary constraints must be imposed to preserve the qualitative heterogeneity and consequent functional complementarity between them. Man-made capital (along with labor) is an agent of transformation of the resource flow from raw material inputs into product outputs. The natural resource flow (and the natural capital stock that generates it) are the material cause of production; the capital stock that transforms raw material inputs into product output is the efficient cause of production. One cannot substitute efficient cause for material cause—one cannot build the same wooden house with half the timber no matter how many saws and carpenters one tries to substitute. Also, to process more timber into wooden houses in the same time period requires more saws and carpenters. Clearly the basic relation of man-made and natural capital is one of complementarity, not substitutability. Of course, one could substitute bricks for timber, but that is the substitution of one resource input for another, not the substitution of [man-made] capital for resources. In making a brick house one would face the analogous inability of trowels and masons to substitute for bricks. … Clearly, resources are either finite or they are not. If they are, then the only way to ensure their continuation in perpetuity is to stop using them. Stopping growth is not enough. Levels of consumption would have to be reduced to infinitesimal levels if finite resources are to be made to last forever. Accordingly, Beckerman concludes that an indefinite time horizon for resource use must be rejected and be reconciled with more pressing demands not instructed by the indefinite future. He recommends project-level sustainability “over the economically optimal period”. In other words, the indefinite future is to be built piecemeal rather than it governing what we should be doing in the short-term, as nonlinear dynamics demands if the short-term is to be compatible with the long-term. The claim that standard economics is not concerned ‘with very long-run projections, but rather with the immediate future’, is another means of avoiding the main issue that would incriminate the standard position. The problem of resources is not confined to the ‘forseeable future’, as many writers also insist, but concerns the entire future …. If the standard postion concerns only what will happen to natural resources ‘in the immediate future’ of this moment of the twentieth century, then all the din about how the market mechanism (especially that moulded on standard assumptions) can save us from ecological catastrophe is utterly idle. But if the claim is that exponential growth can prevail not only in our immediate future but also in any ‘immediate future’ in the future, then the claim acquires a factual, non-parochial significance. If the indefinite future is to govern our resource use, however, then cognitive semantic closure demands selective boundary constraints incorporating values expressed as public policy and implemented through social institutions explicitly embracing the indefinite future be imposed at the outset. Thus, the value of sustainability has been enunciated as meeting the needs of the present without compromising the needs of the future. A strong element of justice as fairness is clearly involved with the notion of sustainability. We shall amplify upon the notion of justice as fairness in the next section and how chronological time, through historical contingency, bears upon it. If the indefinite future or an infinite time horizon is to govern our short-term actions in society as concerns resource mobilization, however, a problem arises: Due to the fact that at any given time the resources available to us as a society of finite beings is finite (the emphasis is made because what is rational from an individual vantage point, such as discounting, is often not rational from the collective vantage point, e.g. while individuals are mortal, collectives can be quasi-immortal), Georgescu-Roegen points out that this would mean (as also pointed out by Beckerman), over an infinite time horizon, that a null amount of resources would have to be “used”. To circumvent this paradoxical result, what needs to be done then is to spread resources evenly in time to secure the longest life-span for the species. The physics of how to secure this aim has apparently been afforded us by Dyson. The key to securing the longest life span for the species, despite the fact that at any given time the available resources to the species is finite, is to vary the schedule of resource mobilization such that it observes a pulsing mode. That is to say, we want resource mobilization to be suspended altogether in what may be termed as periods of stasis, with these periods of stasis being allowed to lengthen without bound. In these periods of stasis, we follow the lead of nature by going to seed, as it were: We store the information for modulating resource mobilization in the next cycle of existence in non-resource-dissipating equilibrium or quasi-equilibrium structures, such as seeds, spores, or crystals. If we follow such a resource mobilization regime, then Dyson’s calculations show that even a finite amount of resources would suffice for a virtual infinity of time in sustaining the species. For example, Dyson showed that, if only energy mattered, then solar output for a mere eight hours would suffice for literally eternity to support a population of the order of magnitude that presently subsists on this planet. The hindrance to achieving an actual infinity of time is the fact that matter decays to energy over illimitable, chronological time. Thus, even black holes evaporate through Hawking radiation. Ultimately, it is thought that the only recently discovered cosmological-scale phenomenon called dark energy will rip apart all material configurations down to the sub-atomic scale. The only solace to this depressing conclusion is the possibility of further cycles of existence due to the possibility, if not probability, that energy is a “bottomless ocean of which we can observe effectively only the waves on its surface.” If so, this is tantamount to finding new particles of matter, with novel properties, however deep we plumb that ocean. What would be the quality of life afforded in Dyson’s resource mobilization regime? Surprisingly, the quality of life possible in Dyson’s resource mobilization regime need not be bounded by any upper limit (excepting only the limit imposed by matter decay) precisely because there is a distinction between quality and quantity (supposing quantitative restrictions are able to preserve qualitative heterogeneity). Such a distinction between quality and quantity has in fact been urged upon economic policy by Boulding. Boulding argued that since it is from the capital stock that we derive our satisfactions from, not from the additions to it (production) or from the subtractions from it (consumption), the object of economic policy should be to minimize production or consumption. Otherwise, if we were to maximize either, the maintenance cost of the capital stock would also be maximized. So much for the physics of sustainability. As to the economics of the implementation of this physics (at least at a minimum level), mention has already been made of Daly’s institutions for a steady-state economy (SSE). These include an institution for controlling resource inflows into the economy; one for controlling income differentials; one for controlling population. The necessity for a social institution controlling income differentials shall be discussed at greater length in the next section. Suffice it to say in this section, its necessity is indicated because, among other things, the institution for controlling resource inflows into society uses implements that actually amount to a regressive tax that hits the poor harder than it does the rich. One such implement that is completely acceptable to Daly for servicing a SSE is the present cap-and-trade system in carbon dioxide emissions. The idea of the cap-and-trade system is that a limit to permissible carbon dioxide emissions from fossil fuel use is imposed at the outset and this limit is translated into permits to pollute which are then auctioned off to users of fossil fuels (in the main, corporations). The revenues from the auctioning of the permits constitute public revenue and may be used to offset the regressive nature of the permits through government transfer payments. (The regressive nature of the permits arises from the probability that the corporations may shift some of the costs, at least, to consumers of their products, e.g. electricity bills) Over time, the limit to permissible carbon dioxide emissions would be contracted towards compatibility with ecological tolerances. The consequent rise in fuel prices would then provide market incentive for more efficient industrial processes. The cap-and-trade system was first realized in the European Union (albeit, from what the author knows, without the auctioning of the permits, initially). The system need not be confined to a continent, however. In a recent BBC debate (June or July 2009, if the author remembers correctly), the author of this paper heard an academic from the Lee Kuan Yew School of Public Policy in Singapore talk of the necessity of a global cap-and-trade system in carbon dioxide emissions that would act as a conduit for transfer payments from rich to poor countries, not as a matter of mere pragmatism, but rather as a matter of entitlement and justice due to the injustices inflicted by historical contingency (i.e. the rich countries are primarily responsible for global warming). The cap-and-trade system as an implementing social institution of public policy is a good instance of cognitive semantic closure: It displays macro-level control reflective of a collective value (i.e. sustainability) incorporated through the total number of permits imposed at the outset in recognition of the fact that market prices, even when augmented by cost-benefit analysis, are unable to properly instruct micro-level control exerted by individuals in the marketplace. So the cap-and-trade system displays the complementation of macro- and micro-level controls we have come to identify with semantic closure. The necessity of the macro-level control should be emphasized, however. In economic terms, this is due to the fact that market prices cannot incorporate the market bids of future generations, not even with the considered anticipations of economists performing cost-benefit analysis. Accordingly, quantitative allotments of resources must be availed of in the interest of justice as fairness, which fairness also has a salutary effect upon the present generation: It restrains that generation from making choices in dynamic time that, as discussed above, is so inimical to complexity and therefore, by extension, the continued possibility of life, let alone quality of life. This is where Dyson’s calculations naturally come in: Dyson’s calculations, in effect, demands that the entire sequence of generations possible to the human species should instruct the resource allocation for each generation in that sequence. As Dyson’s calculations show, the time scales involved are virtually infinite. It may seem absurd that such scales of time should be involved in the instruction of economic policy. The author submits that it is not: The weak anthropic principle in cosmology articulates that the observable universe must exhibit certain properties if it is to contain living organisms. One such property has to do with chronological time: The universe must be of a certain minimum age if it is to permit the evolution of life. For example, life is literally made from star-stuff: the debris of supernovae explosions incorporated into less violent star systems induced into existence by those same explosions. So we already know that prodigious amounts of time have been involved in preparing the stage for life. Dyson’s calculations only show, in accord with the nonlinear dynamical dictum that the whole is greater than the sum of the parts, that the perpetuation of life (as was already approximated by non-cognitive semantic closure on this planet through bacterial intervention) also requires the embrace of an even more prodigious amount of time—the indefinite future in its entirety. If our analysis of the long-range future leads us to raise questions related to the ultimate meaning and purpose of life, then let us examine these questions boldly and without embarrassment. If our answers to these questions are naive and preliminary, so much the better for the continued vitality of our science. If we therefore desire sustainability beyond even what non-cognitive semantic closure can afford (i.e. it is unlikely that non-cognitive semantic closure can observe the peculiar pulsing schedule described by Dyson’s calculations), then we must instruct the cap-and-trade system with Dyson’s pulsing-mode resource mobilization. In this way, we would be able to more creditably demonstrate the superiority of brains over genes. As to when instruction of the cap-and-trade system with Dyson’s calculations is to be achieved, this action explicitly requires the development of stasis technology. Accordingly, awaiting this development, it has been suggested that Daly’s SSE institutions be first employed to slow down world economic growth so that human civilization’s course may be safely charted according to the Kardashev nomenclature of civilization types. Slowing down world economic growth should help chart a safe course through the Kardashev nomenclature because it would reduce consumption stresses upon the natural environment and corresponding inequity stresses upon the social environment (i.e. because of the well-recognized trade-off between growth and equity). The Kardashev nomenclature recognizes three civilization types: Type I, Type II, and Type III. A Type I civilization controls the resources of an entire planet. A Type II civilization captures the entire output of the star in its star system and therefore, by extension, controls the resources of an entire star system. (Dyson himself has done the engineering studies for the capture of the energy output of an entire star through what has been appropriately termed the Dyson sphere and concludes that it is definitely technically feasible.) A Type III civilization controls the resources of an entire galaxy. We have not reached the status of a Type I civilization yet, according to Dyson, but shall probably do so in several centuries time—provided that ecological catastrophe does not overtake us. To help avert such a possibility, Dyson has suggested the genetic modification of ecosystems while respecting ecological relationships so that natural ecosystems yield human necessities and wants (e.g. whatever chemicals we might need, including fuels) in addition to maintaining themselves in viable health. He concedes that the creation and nurturance of such a biologic industrial system might always remain an art rather than a science. He, however, considers that possibility just one more reason to opt for such a system. The transition to a Type II civilization would, at a modest growth rate of one percent compounded annually, be achieved in 2500 years. It has been suggested that the instruction of Daly’s SSE institutions with Dyson’s pulsing mode resource mobilization be effected when we have achieved Type II status: Not only would this schedule probably afford the appropriate time to develop stasis and other germane technologies, we would also need the resources of a Type II civilization to seed other star systems with colonies as a buffer against species extinction from truly catastrophic events, such as stellar gamma-ray bursts or supernovae explosions. Mention has been made of the necessity of respecting ecological relationships if we are to achieve Type I status. Certainly helping in this regard is the control of population growth. This is explicitly recognized by Daly when he includes as one of his SSE institutions one for controlling population growth. Basically, this would work the same way as the cap-and-trade system for carbon dioxide emissions, with the difference that we would be working with birth permits rather than pollution permits. As well, the birth permits wouldn’t be auctioned off but rather freely given to the population. The permits are then yielded to government, along with proof of sufficient means of child-rearing support, when one desires to conceive progeny. People who violate this requirement would have their children put up for adoption. People who desire more children than the permits they have would warrant could purchase additional permits in the marketplace and people who don’t desire children could sell their permits. This system ensures that children are likely to be born to or raised with families that not only truly cherish them but also have adequate means to raise them. As concerns the total number of birth permits to be allotted, this should be only what organic agriculture (i.e. agriculture that does not avail of fertilizers and chemical pest control) could sustain. In the previous section, we saw that sustainability, purely on the level of physics, demanded, as Dyson himself explicitly articulated, that “questions related to the ultimate meaning and purpose of life” be raised. This is exactly what nonlinear dynamics, with the primitive hysteresis associated with it, would indicate since it tells us that the future cannot be built up through repeated iterations of short-term choices. Rather, the entire future must instruct what our choices in the short-term must be. This, we can only do if we are clear what purpose the future is to serve, at least, nay, of necessity at the most fundamental level allowing the greatest elaboration, over time. That purpose, if the future is to serve any purpose at all, can only be sustainability since without sustainability the existence of the future cannot be guaranteed. Sustainability, in agreement with Dyson’s seminal investigations, has been defined as meeting the needs of the present without sacrificing the needs of the future (i.e. the entire future, as Dyson’s calculations indicate). The future therefore exercises restraint on the claims and choices of the present and in so doing the present achieves safe passage into the future. Sustainability therefore demands a complementarity between the future and the present, a complementarity achieved through cognitive semantic closure: the macrolevel or collective purpose of sustainability is imposed, through the appropriate social institutions and their associated implements, upon microlevel or individual purposes so that these achieve compatibility with sustainability and therefore survive into the future through consequent semiotic hysteresis. Sustainability, as defined above, clearly has a core element of justice conceived of as fairness. Dyson’s physics of resource mobilization upholds it. Justice as fairness, however, was also the position arrived at by the purely philosophical investigations of the philosopher, John Rawls. As we shall see, chronological time through the irrevocable choices made in semiotic hysteresis and even nonlinear dynamical hysteresis (both cases of historical contingency), also played a key role in Rawls’ determination of justice as fairness. To complement the findings of Dyson’s physics of resource mobilization that sustainability demands justice as fairness, we now turn to Rawls’ philosophical investigations to further impress the convergence of ethics and technics when sustainability is concerned. In so doing, Dyson’s and Rawls’ investigations receive reciprocal support from one another and bolster the mutual security of their foundations. It is to John Rawls, in his A Theory of Justice (Harvard University Press, 1971) that we owe the first systematic inquiry of our obligations to future generations. (Subsequently, inevitably, Rawls would further qualify his thoughts in A Theory of Justice through such books as Political Liberalism [Columbia University Press, 1993] and Justice as Fairness [Harvard University Press, 2001]). Of Rawls achievement, philosopher, Daniel Dennett, had this to say: “Rawls’ theory has received, and deserved, more attention than any work of ethics in this [20th] century.” Of the nature of Rawls’ theory, Dennett tells us this: “Rawls presents a thought experiment about what, if it did happen, would be right. Rawls’ project … is an entirely normative project: an attempt to demonstrate how ethical questions ought to be answered, and, more particularly, an attempt to justify a set of ethical norms”. The though experiment Dennett adverts to is termed the original position (OP). The OP is a hypothetical, ahistorical meeting of all generations possible to the human species. In Rawls’ own words as he concludes Theory of Justice, to see our place in society from the OP “ ‘is to see it sub specie aeternitatis: it is to regard the human situation not only from all social but also all temporal points of view’ ”. Elsewhere in Theory of Justice, Rawls writes: “Each aspect of the original position can be given a supporting explanation. Thus, what we are doing is to combine into one conception the totality of conditions which we are ready upon due reflection to recognize as reasonable in our conduct towards one another.” (It may seem ironic that an ahistorical meeting of generations is required to address problems of historical contingency; however, a little thought suffices to persuade that, in fact, only by stepping out of history, as it were, could we make adjustments to contingencies or accidents of circumstance constituting history.) Thus, Rawls’ OP, as with Dyson’s calculations, demands consideration of the entire sequence of generations possible to the human species, albeit Dyson’s calculations, on a purely pragmatic level and not on the level of justice as an idealization, considers only all future generations. In this OP, the members of every generation are to operate behind what Rawls calls a “ ‘veil of ignorance’ ”. This veil of ignorance obscures from the members of each generation their historical, social, and genetic circumstances. Thus, they do not know to which generation they belong or what their social status is within each generation; nor do they know their genetic gifts or afflictions. Only behind this veil of ignorance, Rawls argues, could and would we truly care about what features human society is to exhibit if it is to render justice. Among those features that Rawls considers are the social means (e.g. political and legal rights, leisure and independence, wealth and income) and resources that each generation would have to work with in their pursuit of the worthwhile life, however that life is conceived. (Such pursuit is a major motive in the decisions of the parties to the OP.) In the ideal case as to the allocation of those social means and resources, Rawls concludes (in subsequent qualifications of his thoughts in a A Theory of Justice) that it would have to be a conservation or savings principle such that “ ‘the members of any generation (and so all generations) would adopt as the one their generation is to follow and as the principle they would want preceding generations to have followed (and later generations to follow), no matter how far back (or forward) in time’ ”. Accordingly, this principle of just savings thus agreed on is to be binding for all previous and future generations. To implement his just savings principle, Rawls envisions two stages of social development. There would first be an accumulation stage in which the allocation of resources to the current generation compatible with just allocation to future generations is achieved. (This resonates with the disclosed recommendation in the previous section that Daly’s SSE institutions only be instructed with Dyson’s calculations after we have achieved Type II status in the Kardashev nomeclature of civilization types.) The next stage is what Rawls calls the steady-state stage. This stage is attained when the appropriate social institutions are established. The previous section discloses that Rawls was in error here: What Rawls should have said was the pulsing-mode stage in the sense described in the section. For utilitarians, the particulars of everyone’s circumstances are known and are taken as givens. The justice of these particulars is not questioned. Rather, what happiness is possible from these particulars is to be maximized in the aggregate or in the average because we do not know our particular identities (this ignorance then constitutes the thin veil of ignorance). By contrast, Rawls’ thick veil of ignorance deprives one of knowledge of both one’s personal identity and personal circumstances (e.g. as to social status, historical situation, genetic gifts). These particular circumstances are therefore not taken as givens we have to work with. They may be questioned as to their justice. Deliberations behind Rawls thick veil of ignorance on the justice of these particulars may then aid in the construction of the appropriate social institutions that would indeed guarantee justice relative to particular circumstances for everyone in every generation (or at the least, all remaining generations) by ameliorating the injustice of those particular circumstances. Rawls argues above that for rational behavior operating towards justice behind the thick veil of ignorance in the OP to be possible, a minimum of resources and primary social means must be available to each member of each generation. What is the decision procedure for deciding that minimum that Rawls advocates? Without benefit of Dyson’s seminal calculations, Rawls advocated a maximin decision rule. That is to say, he wants to ensure that the least advantaged members of society, in whatever generation, should have the resources and primary social means available to them maximized. The maximin rule is to be chosen because the exercise of choice (behind the thick veil of ignorance in the OP) concerning what the nature of society is to be, is not subject to renegotiation or repetition; further, that choice determines all future prospects for the individual (i.e. semiotic hysteresis achieved through cognitive semantic closure embodied in the appropriate social institutions). That the distinction between historical and dynamical time must be made absolutely clear to instruct one’s arguments about intergenerational justice is revealed in the work of another philosopher, Derek Parfit, eminent in this sphere of inquiry. I refer in particular to what Parfit has called the repugnant conclusion (RC). The RC holds that any decline in the quality of life of population could and would, other things remaining equal and supposing that the decline in quality of life still leaves life worth living (even though barely), be compensated for by an increase in population. In other words, Parfit is arguing that the increase of total utility in a population (i.e. number of people multiplied by their satisfaction), supposing his presuppositions are granted, would compensate for decline in quality of life. As the description itself suggests, the RC is a conclusion that Parfit (as well as many others scholars and academics) do not like. The most natural way to avoid the RC is, of course, simply to challenge the assumption of “all other things remaining equal” (i.e. to recall, this is the ceteris paribus assumption of the neoclassical economists in their destructive affirmation of dynamical time). The distinction between historical and dynamical time certainly authorizes this challenge. Historical time means irrevocable qualitative transformations, as the discussion on strong sustainability in the previous section implied. Strong sustainability therefore demands quantitative restrictions be imposed on natural and man-made capital. Such restrictions, through the appropriate social institutions instructed by Dyson’s resource mobilization physics (Daly’s SSE institutions, for example), should avoid Parfit’s RC. If, as argued above, the maximin decision rule is to be implemented to secure justice, then certainly an important aspect that decision rule must address is the limitation of income differentials within each generation (therefore, the importance of inheritance taxes, at least initially): Purchasing power for the individual is more a function of relative rather than absolute income. Thus, if your neighbor earns four times as much as you do, increasing both your incomes by a factor of three would leave your relative purchasing powers unaltered. If an improvement in your purchasing power is to transpire, it is required that the factor increase in your income exceed that of your neighbor’s. Thus, your income might increase by a factor of three whereas your neighbor’s increases only by a factor of two. Accordingly, the prescription in section 3 of a social institution for limiting income differentials, initially in the context of a steady-state economy (SSE) as conceived by Daly, which SSE is subsequently switched to pulsing mode according to Dyson’s calculations. In this regard of limiting income differentials, minimum income should be able to afford food, clothing, shelter, basic health and education. Maximum income might be placed at ten times minimum income since evidence from the military and the civil service shows that this income differential is able to generate sufficient incentive such that all jobs are filled voluntarily. Limiting income differentials through minimum and maximum limits is also likely to lessen wealth accumulation: Why accumulate and maintain wealth (if this is at all possible from the limited income) from which you are unable to derive income anyway? Still, limitations on wealth might deserve further study. Unlimited inequality is inconsistent with community, no matter how well-off the poorest are. Even relative poverty breeds resentment, and riches insulate and harden the heart. Conviviality, solidarity, and brotherhood weaken with economic distance. Political power tends to follow relative income and cannot be allowed to concentrate too far in either a theocracy or a democracy without leading to plutocracy. Achieving a limitation of income differential might be had through a combination of negative income taxes (i.e. subsidies to low incomes, say, from progressive and resource transformation taxes) and/or a universal basic income (UBI). A UBI (advocated by Van Parijs, among others) is “an income paid by a government, at a uniform level and at regular intervals, to each adult member of society.” It is income fixed at a certain level that is paid “whether the person is rich or poor, lives alone or with others, is willing to work or not.” It may apply (indeed, in most versions it does) to include, not only citizens, but permanent residents as well. The characterization “basic” does not mean that the UBI is necessarily expected to meet “basic needs” (the UBI may be well below subsistence or well above it); all it means is that it is income that a person can rely upon whatever his circumstances. is ethically indistinguishable from the undeserved luck that massively affects the present distribution of wealth, income, and leisure. Our race, gender, and citizenship, how educated and wealthy we are, how gifted in math and how fluent in English, how handsome and even how ambitious, are overwhelmingly a function of who our parents happened to be and of other equally arbitrary contingencies. Not even the most narcissistic self-made man could think that he fixed the parental dice in advance of entering this world. Such gifts of luck are unavoidable and, if they are fairly distributed, unobjectionable. A minimum condition for a fair distribution is that everyone should be guaranteed a modest share of these undeserved gifts. Nothing could achieve this more securely than a UBI. If automation and offshoring of jobs results in more of the total product accruing to capital (that is, the businesses and business owners profit from the product), and consequently less to the workers, then the principle of distributing income through jobs becomes less tenable. A practical substitute may be to have wider participation in the ownership of businesses, so that individuals earn income through their share of the business instead of through full-time employment. Additionally, the enforced leisure imposed by a pulsing-mode economy should give people the incentive to become more civilized in the sense astutely discriminated by Clarke as the ability to be happily occupied for a lifetime even if one did not work for a living. The role of chronological time, in the sense of semiotic hysteresis initially achived by non-cognitive semantic closure and subsequently by cognitive semantic closure, in the sustainable propagation of indefinitely evolving complexity and justice was discussed in the preceding three sections. In this section we see that semiotic hysteresis is also intimately related, nay, sine qua non for the possibility of meaning to life. To assemble the argument for this thesis, it may be well to begin with the varieties of happiness that positive psychology has discriminated. These are three: a pleasant life; eudaemonia; and meaning. A pleasant life simply corresponds to acquiring as many of the positive emotions as you can manage, along with the skills for amplifying them. “There are a half dozen such skills that have been reasonably well-documented.” This is the “Hollywood view of happiness” as exemplified by a giggling Debbie Reynolds. That this is not the only kind of happiness is readily disclosed by even a superficial reading of history: Thinkers “from Aristotle through Seneca through Wittgenstein” looked upon a mere pleasant life as rather vulgar. As stated above, at least two other kinds of happiness (with “very good intellectual provenance”) are possible that would be more welcome to these thinkers. To achieve eudaemonia, one wants flow. This means identifying “what your signature strengths are and then recrafting your life to use them more.” That is to say, you want “your work, your romance, your friendships, your leisure, and your parenting to deploy the things you’re best at.” When you do this, the result is not more giggles in your life but more flow. How truly fundamental eudaemonia is to a happy life or even simply, to life itself, is also impressed upon us by Seligman when he relates to us a story involving one of his undergraduate teachers, Julian Jaynes—who he characterizes as “a peculiar but wonderful man.” He was a research associate in Princeton when Seligman was an undergraduate there. According to Seligman, some people characterized Jaynes as a genius, but Seligman didn’t know him well enough to be able to judge. As for the story, Jaynes was “given a South American lizard as a laboratory pet.” Jayne’s problem was that “no one could figure out what” the lizard ate. Accordingly, the lizard was dying. So, as the story goes, Jaynes came in one day. The lizard lay in the corner, in torpor. Jaynes was having ham on rye for lunch and he offered some of it to the lizard. The lizard would have none of it. Jaynes read the New York Times. Without thinking about it, he put the first section down on top of the ham on rye. Seeing “this configuration”, the lizard “got up on its hind legs, stalked across the room, leapt up on the table, shredded the New York Times, and ate the ham sandwich.” So we see that even “lizards don’t copulate and don’t eat unless they go through the lizardly strengths and virtues first.” If creatures as relatively simple as lizards have to experience eudaemonia to lead a healthy and happy life, then this argues so do we. A problem with meaning as a form of happiness, Seligman, concedes is that it doesn’t distinguish between good and evil. As Seligman instructs us, if meaning simply consists in “joining and serving in things larger than you that you believe in while using your highest strengths”, then there is no distinction between suicide bombers and the firemen who try to save the victims of the suicide bombers. Both lead meaningful lives, albeit one may be characterized as evil and the other as good. Clearly, if the concept of a meaningful life cannot distinguish between good and evil deeds, then there is something objectionable about it. A possible way of resolving this problem, as suggested by the previous sections would be the imposition of an indefinite time horizon to instruct our present interests. That indefinite time horizon would encompass, at the least, all future human generations, or, as in Rawls’ OP, deployed as a normative artifice for distilling universally valid principles of justice (in conjunction with his “veil or ignorance”), all human generations. How merely extending our time horizon to the unlimited future may temper our decisions and actions towards expunging evil and malice is suggested by this argument from Daly: The further we look into the future, then the more likely it is that we, in the present generation, are potential co-progenitors of a common descendant according to the retroactive algorithm 2n (where n is the number of previous generations). Accordingly, to the extent that we care about our remote descendants, then we should also care for our contemporaries. This fact, Daly argues, gives us an additional reason to care for our contemporaries and gives the lie to the common charge that “concern for the future” weakens ethical concern for more pressing problems of present injustice. Daly points out, however, that caring for our remote descendants, due to increasing anonymity of kinship, is in the nature of a public good and must therefore be addressed through collective arrangements or institutions. He also points out that because care for our remote descendants is a public good, the conclusion reached by mainstream economists that “the revealed public will” is “that the future beyond two generations should carry no weight in present decisions” because “people usually take no action and show little interest in their own descendants beyond their grandchildren” is a fallacious one. Rawls’ OP and his veil of ignorance should also exert a restraining influence in the investment of meaningful lives with evil intent. To recall, the OP is an imagined ahistorical meeting of all human generations and the veil of ignorance may be taken to mean as the unpredictable and irrevocable hand of contingency in assigning to us to the conditions of our lives (including which generation we live in). The conjunctive operation of these two conditions means that we do not know our fate in life. Accordingly, it would be hard to harbor evil intent against others because the consequences of those evil intent might well fall on ourselves. [neoclassical economists] naturally tended to think of models in which things settle down to a unique position independently of initial conditions. Technically speaking, we theorists hoped not to introduce hysteresis phenomena into our model, [thereby taking] the subject out of the realm of science and into the realm of genuine history. A technical way chronological time helps to foster meaning in human lives on its largest scale through historical time may be seen through the metaphor afforded us by symbolic dynamics (i.e. the hybrid discipline from the union of information theory and dynamical systems theory) about how meaningful messages are generated from symbols. Symbolic dynamics teaches us that this requires two conditions, at the least: 1.) The symbols involved must exhibit a preferential direction in space. Thus, English only makes sense when read from left to right; Arabic only makes sense when read from right to left; and the genetic code only makes sense when read in a fixed direction from a start point. 2.) It must be impossible, “in all nontrivial cases”, to infer the message from a sequence of symbols, however large a segment of the sequence we possess. The message should only emerge after reading the entire sequence. Thus, the books worth reading are those that demand being read in their entirety and not those with conclusions we can infer without having read all their pages. Meaning in our lives therefore requires the predictive opacity imposed by uncertainty over historical time. As the heterodox economist, Nicholas Georgescu-Roegen, has noted of this opacity, it results from the fact that the “needs generated by evolution” are often so subtle that we are seldom aware of their “influence upon our complex activity”, if we are even aware of their existence at all. In consequence, only after the fact “do we realize why we labored and what we searched for” and subsequently affirm “with Ostwald Spengler that ‘a task that historic necessity has set will be accomplished with the individual or against him’ ”. With a life span amounting to no more than a blink of a galaxy and restricted within a speck of space, mankind is in the same situation as a pupa destined never to witness a caterpillar crawling or a butterfly flying. The difference, however, is that the human mind wonders what is beyond mankind’s chrysalis, what happened in the past and, especially what will happen in the future. The greatness of the human mind is that it wonders: he ‘who can no longer pause to wonder and stand rapt in awe’—as Einstein beautifully put it—‘is as good as dead’. The weakness of the human mind is the worshiping of the divine mind, with the inner hope that it may become almost as clairvoyant and, hence, extend its knowledge beyond what its own condition allows it to observe repeatedly. It seems therefore that even infinite beings, if there be such (certainly we cannot exclude this possibility as it lies in the realm of theology where, as per the distinctions made by the philosopher, Karl Popper, propositions are unfalsifiable and therefore non-testable and non-scientific), have cause to envy finite beings such as ourselves. It may even be, if they have caused our existence, that the reason they have done so was to experience, in their immanent aspects (through us), what they cannot, in their transcendent aspects: Meaning. That is bitter and empty solace indeed: “community” in death. One of the great problems of individualism, seldom recognized as such, is death--the inescapable fate of the individual, the final assault on freedom and dignity…[T]he individualist has a special reason to fear death, engineered not by a religion but by the literatures of freedom and dignity…He has refused to be concerned for the survival of his culture and is not reinforced by the fact that the culture will long survive him. In the defense of his own freedom and dignity he has denied the contributions of the past and must therefore relinquish all claim upon the future. In other words, the existential pain has to do, as asserted before, with the denial of the affinity of the living condition with chronological or historical time rather than with dynamical time. It is an acknowledged commonplace that people whose choices are motivated only by immediate reward (choices often associated with sociopaths) do not prosper and are apt to have lives that are, to quote Hobbes, “short, nasty, and brutish.” What is not generally known, let alone acknowledged, is that wider society too, whether capitalist, communist, or socialist, by looking only at finite time spans in the future in their collective aspirations, have been essentially motivated by short term gain as well. In effect, therefore, human affairs on this planet is directed by dynamical time. This is why we find ourselves in our present predicament, with the very ability of the planet to support life impaired and obfuscated from our awareness by its treatment as an external cost (rather than a central cost) by capitalist, mainstream, neoclassical economics (with its global hegemony); as well by the fact that it is in the nature of nonlinear dynamical transitions (as of a beam failing) that we seem to be doing okay until we take that final step, to the point of no return. If we are to repair this ultimately lethal state of affairs, it will be necessary to embrace the indefinite future through cognitive semantic closure, thereby displacing dynamical time with the chronological time (in the sense of semiotic hysteresis) in which the living condition has evolved (of necessity, initially through non-cognitive semantic closure). The deliberate exercise of cognitive semantic closure through the social institutions described in this paper (with their associated implements and as instructed by Dyson’s seminal calculations) may be the first unambiguous demonstration of the superiority of brains over genes since it was brains that uncovered the resource mobilization schedule that permits the perpetuation of life into virtual infinity. Supposing the indefinite perpetuation of life, that superiority would further be bolstered in the quality of life yielded: one of justice and meaning as the claims of the future restrain the claims of the present, thereby shaping and filtering those present claims into choices which, through their selection and consequences, essentially project as non-tautological messages through the communications channels of chronological time: semiotic hysteresis. . Ilya Prigogine, The End of Certainty: Time, Chaos, and the New Laws of Nature, New York: The Free Press, 1996, p.14. . Nicholas Georgescu-Roegen, The Entropy Law and the Economic Process. Cambridge, Massachusetts: Harvard University Press, 1971, p. 96. . Ian Stewart, Nature’s Numbers: Discovering Order and Pattern in the Universe, London: Weidenfeld and Nicolson,1995, pp.84-85. . John L. Casti, Complexification: Explaining a Paradoxical World Through the Science of Surprise, New York: HarperPerrenial, 1995 , pp. 287-288. See also Prigogine, The End of Certainty, pp. 105-106. . Howard H. Pattee, “The Physics of Symbols: Bridging the Epistemic Cut,” Biosystems, 60 (2001): 5-21, pp. 15, 19. . H. H. Pattee, “Simulations, Realizations, and Theories of Life,” in: Artificial Life: SFI Studies in the Sciences of Complexity, Langton, C. (ed), Boston: Addison-Wesley Publishing Company, (1988): 63-77, pp. 73-74. . See Pattee, “The Physics of Symbols”, p. 15. . See Prigogine, The End of Certainty, p. 69. . Gregoire Nicolis and Ilya Prigogine, Exploring Complexity: An Introduction, New York: W. H Freeman and Company, 1989, p. 214. . H. H. Pattee, “The Limitations of Formal Models of Measurement, Control and Cognition.” Applied Mathematics and Computation, 56 (1993): 111-130, p.121. In this cited reference for the quote in the manuscript, the word “truth” is used instead of the word “certain”. Pattee informs me in a personal communication that it should be the latter. Accordingly, the quote as it appears in the text. . See Prigogine, The End of Certainty, p.5. . Prigogine, The End of Certainty, p.157. . See Nicolis and Prigogine, Exploring Complexity: An Introduction, pp. 14-24. . Prigogine, The End of Certainty, p. 162. . Howard H. Pattee, “Evolving Self-Reference: Matter, Symbols, and Semantic Closure”, Communication and Cognition—Artificial Intelligence: The Journal for the Integrated Study of Artificial Intelligence, Cognitive Science, and Applied Epistemology, 12 (1995): 9-27, pp. 10-11, 3. . H.H. Pattee, “Causation, Control, and the Evolution of Complexity,” in: Downward Causation, P. B. Anderson, P. V. Christiansen, C. Emmeche. N. O. Finnemann (editors), Aarhus: Aarhus University Press, (2000) : , p.71; John L. Casti, Complexification: Explaining a Paradoxical World Through the Science of Surprise, New York: HarperPerrenial, 1995 , pp. 221-223. . Howard H. Pattee, “Cell Psychology: An Evolutionary Approach to the Symbol-Matter Problem”, Cognition and Brain Theory, 5 (1982): 325-341, p.333. . Pattee, “Cell Psychology: An Evolutionary Approach to the Symbol-Matter Problem”, p.339. . Howard H. Pattee, “How Does a Molecule Become a Message?” Developmental Biology Supplement, 3 (1969): 1-16. . James Lovelock, Healing Gaia: Practical Medicine for the Planet, New York: Harmony Books, 1991, pp. 21-22, 79-83, 95-101, 130. . Richard Dawkins, River Out of Eden: A Darwinian View of Life, London: Phoenix, 1996 , p. 52. . See Georgescu-Roegen, The Entropy Law, pp. 1. 318, 320. . Philip Mirowski, “From Mandelbrot to Chaos in Economic Theory”, Southern Economic Journal, 57 (1991): 289-307, p. 290. . Paul Samuelson and William D. Nordhaus, Economics. New York: McGraw-Hill, 1989, pp. 581-582. . Herman E. Daly and John B. Cobb, Jr., For the Common Good: Redirecting the Economy Toward Community, the Environment and a Sustainable Future, Boston: Beacon Press, 1989, pp. 152-154. . Georgescu-Roegen, The Entropy Law, p. 2. . Herman E. Daly, Beyond Growth: The Economics of Sustainable Development, Boston: Beacon Press, 1996, pp. 76-78. . Beckerman, “Economic Development and the Environment: Conflict or Complementarity?”, p.30. . Nicholas Georgescu-Roegen, “Comments on the Papers by Daly and Stiglitz, in: V. Kerry Smith (Ed), Scarcity and Growth Reconsidered, Baltimore: RfF and Johns Hopkins University Press (1979): 95-105, p. 96. . Georgescu-Roegen, “Comments on the Papers by Daly and Stiglitz,, pp.101-102. . Freeman Dyson, “Time without end: physics and biology in an open universe”, Reviews of Modern Physics 51 (1979): 447-460. . See Georgescu-Roegen, The Entropy Law, p. 138. . John D. Barrow, Theories of Everything: The Quest for Ultimate Explanation, London: Vintage, 1992 , pp 78, 85. . See Daly, Beyond Growth, pp. 67-68. . Herman E. Daly, Steady-State Economics, San Francisco: W. H. Freeman and Company, 1977, pp. 50-75. . Horacio Velasco, Sustainability: the matter of time horizon and semantic closure, Ecological Economics, 65 (2008): 167-176, pp. 173-174. . Freeman Dyson, Disturbing the Universe, London: Pan Books, 1981 , p. 212. . Dyson, Disturbing the Universe, pp. 228-231. . Daniel C. Dennett, Darwin’s Dangerous Idea: Evolution and the Meanings of Life. New York: Touchstone, 1996 , p. 456. . See Meyer, “Intergeneration Justice”, section 4.4. . Samuel Freeman, “Original Position”, Stanford Encyclopedia of Philosophy, 2008, section 8. . Freeman, “Original Position”, section 3. . Freeman, “Original Position”, section 6.1. . Jeremy Rifkin and Ted. Howard, Entropy: Into the Greenhouse World, New York: Bantam Books, 1989, p. 288. . Jesper Ryberg, Torbjorn Tannsjo, Gustaf Arrhenius, “Repugnant Conclusion”, Stanford Encyclopedia of Philosophy, 2006, section 1. . Robert H. Frank and Philip J. Cook, The Winner-Take-All Society, New York: The Free Press,1995, p.14. . See Daly, Beyond Growth, p.210. . Daly, Beyond Growth, p.212. . Daly, Beyond Growth, p.214. . Philippe Van Parijs, “A Basic Income for All”, Boston Review, October/November, 2000. . Daly, Herman E. 2005. “Economics in a Full World.” Scientific American, September, pp. 100-106, p.106. . Arthur C. Clarke, Profiles of the Future: An Inquiry Into the Limits of the Possible, London: Pan books Ltd. ISBN: 0030697832,1973, p. 177. . Herman E. Daly, “Postscript: Unresolved Problems and Issue for Further Research”, in: Energy, Economics, and the Environment: Conflicting Views of an Essential Interrelationship, Herman E. Daly and Alvaro F. Umaña (eds), Boulder, Colorado: Westview Press (1981): 165-185, pp. 177-178. . See Prigogine, The End of Certainty, p.59. . See Mirowski, “From Mandelbrot to chaos in economic theory”, p.291. . See Nicolis and Prigogine, Exploring Complexity, p.186. . See Georgescu-Roegen, The Entropy Law, p.27. . Georgescu-Roegen, The Entropy Law, p.207. . Brian Appleyard, Understanding the Present: Science and the Soul of Modern Man, London: Pan Books Ltd., 1992, pp. 249-250. . B. F. Skinner, Beyond Freedom and Dignity, New York: Bantam/Vintage, 1972 , pp. 200-201.

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http://www.cosmosandhistory.org/index.php/journal/article/view/147/252

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A TRUE ORIGINAL. The 20-inch 50th Anniversary aluminum wheels feature a machined-face finish and exclusive center caps. The 50th Anniversary exterior decor also includes special badging, a satin chrome-accented grille, a body-color front splitter and Orange brake calipers (front brake calipers only on LT). Camaro LT Convertible in Silver Ice Metallic with available features and 20-inch 5-Split-Spoke Polished Forged-Aluminum Wheels from Chevrolet Accessories. PHYSICAL PERFECTION. This is Camaro — the pure driver’s car — in possibly its most exhilarating form. The Camaro Convertible features modular underbody bracing to allow the same precise, nimble handling as the Coupe. SKY-HIGH TECH. The top-up silhouette respects the iconic fastback image of the Coupe. But when it’s time to play, the fully electronic top lowers with the touch of the key fob or the single push of a button — even when driving up to 30 mph. SHOW CAR SMOOTH. The retracted top fluidly disappears under the fully automatic hard tonneau cover, maintaining the crisp body lines. 1 Based on initial vehicle movement. 2 With available 8-speed automatic transmission. 3 EPA-estimated MPG city/highway: Camaro LT with 3.6L V6 engine and 8-speed automatic transmission 19/28; Camaro LT with 3.6L V6 and 6-speed manual transmission 16/28. 2.0L TURBO. 275 HP. 0 to 60 in 5.4 seconds. 1 Offering an EPA- estimated 31 MPG on the highway.2 With 275 horsepower and 295 lb.-ft. of torque, this is huge performance from an efficient turbocharged engine. 3.6L V6. 335 HP. 0 to 60 in 5.1 seconds.1, 2 This available engine balances power with fuel-saving3 technologies such as Variable Valve Timing, Active Fuel Management™ (with available 8-speed automatic transmission) and Direct Injection to offer 335 horsepower, 284 lb.-ft. of torque and an EPA- estimated 28 MPG highway with the available 8-speed automatic. MODERN ARCHITECTURE. The new lightweight structure helped Camaro lighten the load by up to 390 lbs. vs. the fifth gen. The 4-wheel independent suspension, designed using aluminum components, was engineered to be 23% leaner. The result: a smooth ride with an incredible connection to the road. Camaro 2LT interior in Jet Black with available Ceramic White Interior Accent Trim Package and other available features. CAN YOU HANDLE IT? Electric Power Steering brings road feel and response to a higher plane. Selectable driver modes offer distinct experiences. And the smaller, tighter proportions and quick steering ratios contribute to a nimble, controlled feeling with every turn of the wheel. CAMARO SS WITH 455 HP, CAMARO SS IS THE HEART AND SOUL OF CHEVROLET PERFORMANCE. 455-HP 6.2L LT1 V8. “Chevrolet hit this one out of the park,” says Motor Trend. Simply put, the small block V8 masterpiece, delivering 455 lb.-ft. of torque, brings to life the most powerful Camaro SS ever. Camaro SS Coupe in Black with available features. Camaro 2SS Convertible in Garnet Red Tintcoat (extra-cost color) with available features. 1 Requires V8 engine and 6-speed manual transmission. 1. 6-SPEED MANUAL TRANSMISSION. The leather-wrapped shifter includes a unique cap for the SS and a grip that’s ideal for every driver. Active Rev Matching1 anticipates downshifts with throttle blips for smooth, precise shifting. 2. BREMBO® BRAKES. This high- performance 4-piston all-disc system is capable of taking Camaro SS Coupe from 60 mph to a complete stop in 117 feet. 3. MAGNETIC RIDE CONTROL. The precision handling credentials of Camaro SS are further enhanced by available Magnetic Ride Control™ that stiffens the suspension for high- performance driving while helping to maintain a smooth ride. CAMARO 1LE FIRST-EVER V6 1LE. Offering track- capable performance, the V6 1LE is also a precisely balanced daily driver. Featuring aggressive suspension tuning and a dual-mode exhaust, the 335-hp V6 1LE delivers an estimated 0.97 g in cornering grip for consistent lap- after-lap performance on the track. BRING IT. FE3 suspension components (from Camaro SS) include dampers, rear cradle mounts, ball-jointed rear toe links and stabilizer bars. Lightweight 20-inch forged-aluminum wheels with run-flat summer-only tires1 pair with Brembo® 4-piston front brake calipers, a limited-slip differential and a standard track cooling package. SERIOUS STYLE. The aggressive appearance of Camaro 1LE is enhanced by a unique Satin Black hood, front splitter and 3-piece rear spoiler. STREET-LEGAL TRACK STAR. Camaro 2LT Coupe in Krypton Green (late availability, extra-cost color) with available V6 1LE Performance Package and dealer-installed Chevrolet Accessories. 1 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. 1 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. Camaro SS Coupe in Black with available SS 1LE Performance Package and Chevrolet Accessories. SS 1LE. OWN THE TRACK. Here’s what happens when you wrap a track-tuned chassis and suspension around a 455-hp 6.2L V8. The new FE4 performance- oriented chassis system features specific tuning for the magnetic dampers, springs and stabilizer bars. The package includes a new segment-exclusive Electronic Limited-Slip Differential, a dual-mode exhaust and Brembo 6-piston front brake calipers. Paired with exclusive Goodyear Eagle® F1 SuperCar® summer-only tires,1 lateral acceleration exceeds 1 g. AL OPPENHEISER CHIEF ENGINEER, CAMARO ZL1 is simply one of the most phenomenal executions of design, performance, aerodynamics and technology I’ve ever experienced from behind the wheel. We’ve elevated the game. The ZL1 with the new available 10-speed automatic really hits the sweet spot for me. It is the convergence of all the pride, the passion, the performance and the technology we put in Camaro. The Electronic Limited-Slip Differential, combined with Performance Traction Management, takes control and balance to an astounding level. I’ll just say this: If you’re looking for a track-capable car straight from the showroom, take a close look at the ZL1. CAMARO ZL1 At left: Camaro ZL1 Coupe in Red Hot with available features. Available late 2016. At right: Camaro ZL1 Convertible in Arctic Blue Metallic with available features. Available early 2017. 1 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. 1. SUPERCHARGED V8. With a 650-hp supercharged V8, ZL1 is the most powerful Camaro ever. And you can choose between a standard 6-speed manual transmission with Active Rev Matching or an available 10-speed paddle-shift automatic that helps maintain optimum rpm levels for maximum responsiveness and quicker lap times. INTERIOR DESIGN WHAT IS A DRIVER’S CAR? It’s one where a flat-bottom steering wheel, a perfectly placed gear shifter and aggressively bolstered seats come together for the purpose of driving dynamics. It’s one where premium materials surround you, including available heated and ventilated seats with leather- trimmed surfaces. And one where rotating dials replace extra dash buttons for quicker, intuitive climate control. Camaro ZL1 Convertible interior in Jet Black with leather-appointed seats with sueded microfiber inserts and other available features. 1 Map coverage available in the United States, Puerto Rico and Canada. 2 MyLink functionality varies by model. Full functionality requires compatible Bluetooth and smartphone, and USB connectivity for some devices. MyLink on Camaro does not include CD player. 3 Go to my.chevrolet.com/learn to find out which phones are compatible with the vehicle. 4 Vehicle user interfaces are products of Apple and Google and their terms and privacy statements apply. Requires compatible smartphone and data plan rates apply. Apple CarPlay is a trademark of Apple Inc. iPhone is a trademark of Apple Inc., registered in the U.S. and other countries. Android Auto is a trademark of Google Inc. 1. GO CONFIGURE. An available 8-inch diagonal reconfigurable gauge cluster allows you to personalize the information you need and desire. 2. TRACK YOUR G FORCE. The Head-Up Display, standard on 2SS and ZL1 and available on 2LT, projects onto the windshield color digital readouts for vehicle speed, selected gear, g force, tachometer, compass, outside temperature, turn-by-turn navigation1 information and more. DOWNLOAD THE CAMARO SIX APP BRING CAMARO SIX TO LIFE. Our app invites you to download and experience the 2017 Camaro right on your smartphone or tablet. You can also explore trim levels, colors and wheels, and take a 360-degree spin around the interior. SHARE YOUR EXPERIENCE. Now that you’ve built a legend, check out the specs of your freshly built Camaro. Then save your design for later or share it online with your friends. VISUALIZE IT. At thecamarosix.com, you can even check out accessories to personalize your ride. Then prepare to encounter the Camaro you brought to life. SPECIAL FEATURES IT’S GOT THE LOOK. CUSTOMIZING CAMARO. The possibilities are almost limitless. For 2017, Chevrolet offers a complete range of accessories and custom features designed to give your Camaro just the look you’ve been searching for. COLOR ACCENTS. You can select from a variety of exterior accent colors to give the sixth-generation Camaro even more of a performance edge. Custom grilles, an aero-shaped front splitter and a high-wing rear spoiler are among the accessories you can add. WHEELS Silver-Painted Aluminum 18" x 8.5" Front and Rear on LS or LT 5-Split-Spoke Bright Silver-Painted Aluminum 20" x 8.5" Front and 20" x 9.5" Rear on SS 20" x 8.5" Front and Rear on LS or LT2 SS wheels paired with summer-only tires1 5-Spoke Bright Silver-Painted Aluminum paired with summer-only tires1 20" x 8.5" front and 20" x 9.5" rear on SS 5-Spoke Low-Gloss Black Aluminum 20" x 8.5" Front and 20" x 9.5" Rear on SS 20" x 8.5" Front and Rear on LS or LT SS wheels paired with summer-only tires1 1 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. 2 Requires available RS Package. 3 Requires available 50th Anniversary Edition. 4 Requires available Red Accent Accessories Package. 5 Requires available Black Accent Accessories Package Level 2. 6 Requires available 1LE Performance Package. FABRICS Jet Black Cloth Kalahari Leather Ceramic White Leather2 Adrenaline Red Leather3 Medium Ash Gray Leather Jet Black Leather Medium Ash Gray Cloth Jet Black/Dark Gray Leather with Orange Accents1 1 Available on 2LT and 2SS with 50th Anniversary Edition. Requires Convenience and Lighting Package on 2LT. 2 Available on 2LT and 2SS with Ceramic White Interior Accent Trim Package. Requires Convenience and Lighting Package on 2LT. 3 Available on 2LT and 2SS with Adrenaline Red Interior Accent Trim Package. Requires Convenience and Lighting Package on 2LT. PERFORMANCE CAMARO 1LS/LT CAMARO 1LS/LT CAMARO V6 1LE CAMARO SS CAMARO SS 1LE CAMARO ZL1 ENGINE 2.0L turbocharged 4-cylinder 3.6L V6 3.6L V6 6.2L LT1 V8 6.2L LT1 V8 6.2L LT4 supercharged V8 BORE AND STROKE 86.00 mm x 86.00 mm 95.00 mm x 85.60 mm 95.00 mm x 85.60 mm 103.25 mm x 92.00 mm 103.25 mm x 92.00 mm 103.25 mm x 92.00 mm COMPRESSION RATIO 9.5:1 11.5:1 11.5:1 11.5:1 11.5:1 10.0:1 HORSEPOWER 275 hp @ 5500 rpm 335 hp @ 6800 rpm 335 hp @ 6800 rpm 455 hp @ 6000 rpm 455 hp @ 6000 rpm 650 hp @ 6400 rpm TORQUE 295 lb.-ft. @ 3000–4500 rpm 284 lb.-ft. @ 5300 rpm 284 lb.-ft. @ 5300 rpm 455 lb.-ft. @ 4400 rpm 455 lb.-ft. @ 4400 rpm 650 lb.-ft. @ 3600 rpm REDLINE 7000 rpm 7200 rpm 7200 rpm 6500 rpm 6500 rpm 6600 rpm AXLE RATIO 3.27:1 (manual) 3.27:1 (automatic, LT only) 3.27:1 (manual) 2.77:1 (automatic, LT only) 3.27:1 (manual) 3.73:1 (manual) 2.77:1 (automatic) 3.73:1 (manual) 3.73:1 (manual) 2.85:1 (automatic Coupe) 2.77:1 (automatic Convertible) 0 TO 60 (BASED ON INITIAL VEHICLE MOVEMENT) 5.5 seconds (automatic Coupe, LT only) 5.6 seconds (manual Convertible) 5.7 seconds (automatic Convertible, LT only) 5.2 seconds (manual Coupe) 5.1 seconds (automatic Coupe, LT only) 5.4 seconds (manual Convertible) 5.3 seconds (automatic Convertible, LT only) 5.2 seconds (manual) 4.3 seconds (manual Coupe) 4.0 seconds (automatic Coupe) 4.5 seconds (manual Convertible) 4.2 seconds (automatic Convertible) 4.2 seconds (manual) 3.7 seconds (manual Coupe) 3.5 seconds (automatic Coupe) 3.9 seconds (manual Convertible) 3.7 seconds (automatic Convertible) QUARTER MILE 14.0 seconds @ 100 mph (manual Coupe) 14.0 seconds @ 99 mph (automatic Coupe, LT only) 14.2 seconds @ 99 mph (manual Convertible) 14.2 seconds @ 98 mph (automatic Convertible, LT only) 13.7 seconds @ 102 mph (manual Coupe) 13.5 seconds @ 103 mph (automatic Coupe, LT only) 13.9 seconds @ 101 mph (manual Convertible) 13.7 seconds @ 102 mph (automatic Convertible, LT only) 13.7 seconds @ 102 mph (manual) 12.5 seconds @ 115 mph (manual Coupe) 12.3 seconds @ 116 mph (automatic Coupe) 12.7 seconds @ 114 mph (manual Convertible) 12.5 seconds @ 115 mph (automatic Convertible) 12.5 seconds @ 115 mph (manual) 11.8 seconds @ 125 mph (manual Coupe) 11.4 seconds @ 127 mph (automatic Coupe) 12.0 seconds @ 124 mph (manual Convertible) 11.6 seconds @ 126 mph (automatic Convertible) SKID PAD (MAXIMUM LATERAL ACCELERATION) 0.85 g 0.89 g 0.97 g 0.97 g (Coupe) 0.95 g (Convertible) 1.02 g 1.02 g (Coupe) 1.00 g (Convertible) TOP SPEED 149 mph 149 mph 155 mph 180 mph (Coupe) 155 mph (Convertible) 175 mph — BRAKING SYSTEM 4-wheel antilock, 4-wheel disc Available: Brembo® 4-piston front, performance 4-wheel antilock, 4-wheel disc Available: Brembo 4-piston front, performance 4-wheel antilock, 4-wheel disc Brembo 4-piston front, performance 4-wheel antilock, 4-wheel disc Brembo 4-piston front and rear, performance 4-wheel antilock, 4-wheel disc Brembo 6-piston monobloc front and 4-piston rear, performance 4-wheel antilock, 4-wheel disc Brembo 6-piston monobloc front and 4-piston rear, performance BRAKING DISTANCE (60 TO 0 MPH) 129 ft. 124 ft. (Coupe with available RS Package) 127 ft. (Convertible) 112 ft. 117 ft. (Coupe) 120 ft. (Convertible) 107 ft. 107 ft. (Coupe) 110 ft. (Convertible) CURB WEIGHT 3,354 lbs. (manual Coupe) 3,339 lbs. (automatic Coupe, LT only) 3,647 lbs. (manual Convertible) 3,627 lbs. (automatic Convertible, LT only) 3,448 lbs. (manual Coupe) 3,435 lbs. (automatic Coupe, LT only) 3,715 lbs. (manual Convertible) 3,709 lbs. (automatic Convertible, LT only) 3,490 lbs. 3,685 lbs. (manual Coupe) 3,697 lbs. (automatic Coupe) 3,956 lbs. (manual Convertible) 3,969 lbs. (automatic Convertible) 3,747 lbs. 3,883 lbs. (manual Coupe) 3,944 lbs. (automatic Coupe) 4,113 lbs. (manual Convertible) 4,148 lbs. (automatic Convertible) WHEELS 18" Silver-painted aluminum 18" Silver-painted aluminum 20" 5-split-spoke forged- aluminum (20" x 8.5" front and 20" x 9.5" rear) 20" 5-spoke Bright Silver-painted aluminum (20" x 8.5" front and 20" x 9.5" rear) 20" 5-split-spoke forged- aluminum (20" x 10" front and 20" x 11" rear) 20" 10-split-spoke forged- aluminum (20" x 10" front and 20" x 11" rear) TIRES 245/50R18 all-season blackwall 245/50R18 all-season blackwall 245/40ZR20 front and 275/35ZR20 rear, summer-only1 blackwall, run-flat 245/40ZR20 front and 275/35ZR20 rear, summer-only1 blackwall, run-flat 285/30R20 front and 305/30R20 rear, summer-only1 blackwall 285/30R20 front and 305/30R20 rear, summer-only1 blackwall WEIGHT DISTRIBUTION (F/R) 52/48 52/48 52/48 54/46 54/46 54/46 1 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. SELECT VEHICLE FEATURES CAMARO 1LS 2.0L 275-hp turbocharged 4-cylinder engine with Direct Injection 6-speed manual transmission Dual-outlet stainless steel exhaust with bright tips Driver Mode Selector with 3 modes: Snow/Ice, Tour and Sport OnStar Guidance Plan1 (standard for the first three months, trial excludes Hands-Free Calling minutes), includes Automatic Crash Response and Turn-by-Turn Navigation StabiliTrak® Electronic Stability Control System with Traction Control LED daytime running lamps Teen Driver technology Rear vision camera 18" Silver-painted aluminum wheels Keyless Open and Start Chevrolet MyLink2 Radio with 7-inch diagonal color touch-screen display, featuring Android Auto™ and Apple CarPlay™ compatibility3 Auxiliary input jack and 2 USB ports4 Bluetooth® wireless technology5 for select phones SiriusXM Satellite Radio6 All Access Package with 12-month trial subscription Driver Information Center with color display Leather-wrapped flat-bottom steering wheel with steering wheel-mounted controls for audio and cruise Front sport buckets with 8-way power driver-seat adjuster and 6-way power passenger-seat adjuster OnStar Basic Plan7 for five years includes select features of the myChevrolet Mobile App8 including remote start (if equipped), door lock or unlock, honk your horn and flash your lights, and send destinations to your Chevrolet MyLink2 navigation screen (if equipped). Limited OnStar services include Advanced Diagnostics and Dealer Maintenance Notification OnStar 4G LTE and built-in Wi-Fi® hotspot for up to seven devices,9 includes data trial for 3 months or 3 GB (whichever comes first) CAMARO 1LT In addition to or replacing LS features, 1LT includes: 8-speed paddle-shift automatic transmission Remote vehicle starter system CAMARO 2LT In addition to or replacing 1LS features, 2LT includes: Chevrolet MyLink2 Radio with 8-inch diagonal color touch-screen display, featuring Android Auto and Apple CarPlay compatibility3 Bose® premium 9-speaker (Coupe) or 7-speaker (Convertible) audio system Dual-zone automatic climate control with individual climate settings for driver and front passenger, dedicated passenger controls and outside temperature display Heated and ventilated leather-trimmed seats for driver and front passenger Universal Home Remote CAMARO 1SS In addition to or replacing 1LS features, 1SS includes: 6.2L 455-hp V8 engine with Direct Injection Limited-slip rear differential Brembo® performance 4-wheel disc brakes with ABS, 4-piston front and rear High-intensity discharge headlamps with LED signature and automatic exterior lamp control and LED daytime running lamps 20" Bright Silver-painted 5-spoke aluminum wheels (20" x 8.5" front, 20" x 9.5" rear) Enhanced Driver Information Center with 8-inch diagonal reconfigurable color display Driver Mode Selector with 4 modes: Snow/Ice, Tour, Sport and Track CAMARO 2SS In addition to or replacing 1SS features, 2SS includes: Head-Up Display with color digital readouts for vehicle speed, selected gear, g force, audio system information, high beam indicator, compass, outside air temperature, turn signals, tachometer, vehicle messages, turn-by-turn navigation information and phone information Bose premium 9-speaker (Coupe) or 7-speaker (Convertible) audio system Interior spectrum lighting with 24 different color selections Memory Package: 2-position memory for 8-way power driver seat and outside mirrors Dual-zone automatic climate control with individual climate settings for driver and front passenger, dedicated passenger controls and outside temperature display Heated and ventilated leather-trimmed seats for driver and front passenger Aluminum accents on door trim and shifter cap Illuminated door sill plates Wireless charging10 1 Visit onstar.com for coverage map, details and system limitations. OnStar acts as a link to existing emergency service providers. Not all vehicles may transmit all crash data. 2 MyLink functionality varies by model. Full functionality requires compatible Bluetooth and smartphone, and USB connectivity for some devices. Map coverage available in the United States, Puerto Rico and Canada. MyLink on Camaro does not include CD player. 3 Vehicle user interfaces are products of Apple and Google and their terms and privacy statements apply. Requires compatible smartphone and data plan rates apply. 4 Not compatible with all devices. 5 Visit my.chevrolet.com/learn for vehicle and smartphone compatibility. 6 If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates. Fees and taxes apply. To cancel you must call SiriusXM at 1-866-635-2349. See SiriusXM Customer Agreement for complete terms at siriusxm.com. All fees and programming subject to change. 7 Does not include emergency or security services. Visit onstar.com for coverage map, details and system limitations. 8 Requires data plan, compatible vehicle and compatible device. Some features require factory-installed remote start, power locks, Tire Pressure Monitoring System or active OnStar service. 9 Requires a compatible mobile device, active OnStar service and data plan. 4G LTE service available in select markets. Visit onstar.com for coverage map, details and system limitations. Data plans provided by AT&T. 10 The system wirelessly charges one PMA- or Qi-compatible mobile device. Some devices require an adaptor or back cover. To check for phone or other device compatibility, visit my.chevrolet.com/learn for details. 1LS/1LT 2LT 1SS 2SS ZL1 ENTERTAINMENT Chevrolet MyLink1 Radio with 7-inch diagonal color touch-screen display, AM/FM stereo with seek-scan and digital clock, includes Bluetooth® audio streaming2 for select phones; featuring Apple CarPlay™ and Android Auto™ compatibility3 — Chevrolet MyLink1 Radio with 8-inch diagonal color touch-screen display, includes features listed above 4 ● Chevrolet MyLink1 Radio with Navigation,5 includes 8-inch diagonal color touch- screen display and GPS navigation system — — Performance Data Recorder and video recorder — 6, 7 8 — 9 Bose® premium 7-speaker (Convertible) or 9-speaker (Coupe) audio system 4 ● SiriusXM Satellite Radio10 All Access Package with 12-month trial subscription ● OnStar Basic Plan11 for five years includes select features of the myChevrolet Mobile App12 including remote start (if equipped), door lock or unlock, honk your horn and flash your lights, and send destinations to your Chevrolet MyLink1 navigation screen (if equipped). Limited OnStar services include Advanced Diagnostics and Dealer Maintenance Notification ● OnStar 4G LTE and built-in Wi-Fi® hotspot for up to seven devices,13 includes data trial for 3 months or 3 GB (whichever comes first ● WHEELS 18" Silver-painted aluminum — 20" 5-spoke Bright Silver-painted aluminum wheels paired with summer-only tires14 (20" x 8.5" front, 20" x 9.5" rear — 20" 5-split-spoke premium Gray-painted machined-face aluminum 15 15 — — — 20" 5-spoke low-gloss Black aluminum — 20" 5-split-spoke Bright Silver-painted aluminum 15 15 — — — 1LS/1LT 2LT 1SS 2SS ZL1 WHEELS (CONTINUED) 20" 5-split-spoke premium Gray-painted machined-face aluminum wheels paired with summer-only tires14 (20" x 8.5" front, 20" x 9.5" rear — 20" 5-split-spoke Bright Silver-painted aluminum wheels paired with summer-only tires14 (20" x 8.5" front, 20" x 9.5" rear — 20" 5-spoke low-gloss Black aluminum wheels paired with summer-only tires14 (20" x 8.5" front, 20" x 9.5" rear — 20" 5-split-spoke Black-painted forged- aluminum wheels paired with summer-only tires14 (20" x 8.5" front, 20" x 9.5" rear) 7 7 — — — 20" 5-split-spoke Satin Graphite forged- aluminum wheels paired with summer-only tires14 (20" x 10" front, 20" x 11" rear — 8 — — 20" 10-split-spoke Dark Graphite- painted forged-aluminum wheels paired with summer-only tires14 (20" x 10" front, 20" x 11" rear ● PACKAGES RS Package — 20" 5-split-spoke premium Gray-painted machined-face aluminum wheels, high-intensity discharge headlamps, LED taillamps, RS-specific grilles and decklid-mounted lip spoiler (Coupe only) Heavy-Duty Cooling and Brake Package 15 15 — — — External engine oil cooler, extra-capacity cooling system and 4-piston Brembo performance (front calipers only) 4-wheel disc brakes with ABS; also includes auxiliary engine coolant cooler Technology Package — Chevrolet MyLink1 Radio with 8-inch diagonal color touch-screen display and Bose premium 7-speaker (Convertible) or 9-speaker (Coupe) audio system Convenience and Lighting Package — Memory Package, wireless charging,16 heated steering wheel, enhanced Driver Information Center with 8-inch diagonal reconfigurable multi-color display, Head-Up Display, Rear Park Assist, Rear Cross Traffic Alert, Side Blind Zone Alert with Lane Change Alert, outside heated power-adjustable body-color mirrors with driver-side auto-dimming feature, interior spectrum lighting, illuminated door sill plates, and aluminum accents on door trim and shifter cap 1LS/1LT 2LT 1SS 2SS ZL1 PACKAGES (CONTINUED) Adrenaline Red Interior Accent Trim Package — 6 — — Black interior with Adrenaline Red seat inserts, door inserts and stitching on front seats, doors, steering wheel, shifter and center console (not available with Bright Yellow or Hyper Blue Metallic exterior colors) Ceramic White Interior Accent Trim Package — 6 — — Black interior with Ceramic White seat inserts, door inserts and stitching on front seats, doors, steering wheel, shifter and center console 2LT 50th Anniversary Edition — 6, 17 — — — Nightfall Gray Metallic exterior color, “FIFTY” exterior badge, 20" 50th Anniversary wheels and center caps, 245/40R20 blackwall all-season run-flat tires, 50th Anniversary stripe, body-color front splitter, RS Package, Orange-painted front brake calipers, 4-piston Brembo performance (front calipers only) 4-wheel antilock 4-wheel disc brakes, Jet Black/Dark Gray front leather-trimmed seating with sueded inserts and Orange accent stitching, illuminated door sill plates, and 50th Anniversary treatment on seatbacks and steering wheel 2SS 50th Anniversary Edition — 17 — Nightfall Gray Metallic exterior color, “FIFTY” exterior badge, 20" 50th Anniversary wheels and center caps, 50th Anniversary stripe, body-color front splitter, Orange-painted brake calipers, Jet Black/Dark Gray front leather-trimmed seating with sueded inserts and Orange accent stitching, illuminated door sill plates, and 50th Anniversary treatment on seatbacks and steering wheel V6 1LE Performance Package 18 19 — — — Black hood wrap, Black outside rearview mirrors, larger front grille openings, front splitter, rear blade spoiler, Black 20" forged-aluminum wheels with 245/40R20 (front) and 275/35R20 (rear) summer-only tires,14 suede-wrapped flat-bottom steering wheel, Brembo 4-piston front brake calipers, FE3 suspension components (from Camaro SS) including dampers, rear cradle mounts, ball-jointed rear toe links and stabilizer bars, heavy-duty cooling including engine oil cooler, dual outboard radiators and transmission cooler, dual-mode exhaust and limited-slip differential SS 1LE Performance Package — — 20 — — Black hood wrap, Black outside rearview mirrors, front splitter, rear blade spoiler, Satin Graphite 20" forged-aluminum wheels with Goodyear Eagle F1 SuperCar 285/30R20 (front) and 305/30R20 (rear) summer-only tires,14 RECARO® performance seats, suede-wrapped flat-bottom steering wheel and shift knob, color Head-Up Display, Brembo brakes with 6-piston monobloc front two-piece rotors and 4-piston rear calipers, dual-mode exhaust, Magnetic Ride Control, Electronic Limited-Slip Differential (eLSD), Performance-Tuned suspension with unique bushings, springs and stabilizer bars, and heavy-duty cooling including engine oil cooler, dual outboard radiators, transmission cooler and rear differential cooler SPECIFICATIONS ● STANDARD AVAILABLE — NOT AVAILABLE 1 MyLink functionality varies by model. Full functionality requires compatible Bluetooth and smartphone, and USB connectivity for some devices. MyLink on Camaro does not include CD player. 2 Visit my.chevrolet.com/learn for vehicle and smartphone compatibility. 3 Vehicle user interfaces are products of Apple and Google and their terms and privacy statements apply. Requires compatible smartphone and data plan rates apply. 4 Requires available Technology Package. 5 Map coverage available in the United States, Puerto Rico and Canada. 6 Requires available Convenience and Lighting Package. 7 Requires available V6 1LE Performance Package. 8 Requires available SS 1LE Performance Package. 9 Not available on Convertible. 10 If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates. Fees and taxes apply. To cancel you must call SiriusXM at 1-866-635-2349. See SiriusXM Customer Agreement for complete terms at siriusxm.com. All fees and programming subject to change. 11 Does not include emergency or security services. Visit onstar.com for coverage map, details and system limitations. 12 Requires data plan, compatible vehicle and compatible device. Some features require factory-installed remote start, power locks, Tire Pressure Monitoring System or active OnStar service. 13 Requires a compatible mobile device, active OnStar service and data plan. 4G LTE service available in select markets. Visit onstar.com for coverage map, details and system limitations. Data plans provided by AT&T. 14 Do not use summer-only tires in winter conditions, as it would adversely affect vehicle safety, performance and durability. Use only GM-approved tire and wheel combinations. Unapproved combinations may change the vehicle’s performance characteristics. For important tire and wheel information, go to my.chevrolet.com/learn/tires or see your dealer. 15 Requires available RS Package. 16 The system wirelessly charges one PMA- or Qi-compatible mobile device. Some devices require an adaptor or back cover. To check for phone or other device compatibility, visit my.chevrolet.com/learn for details. 17 Convertible requires Black top. 18 Requires Jet Black interior color, 6-speed manual transmission and available 3.6L V6 engine. Not available with RS Package. 19 Requires Jet Black interior color, 6-speed manual transmission and available 3.6L V6 engine. Not available with RS Package or 2LT 50th Anniversary Edition. 20 Requires Jet Black interior color and 6-speed manual transmission. Not available with power sunroof or Convertible models. TWITTER.COM/CHEVROLET YOUTUBE.COM/CHEVROLET FACEBOOK.COM/CHEVROLET IMPORTANT INFORMATION GM, the GM logo, Chevrolet, the Chevrolet logo, and the slogans, emblems, vehicle model names, vehicle body designs and other marks appearing in this catalog are the trademarks and/or service marks of General Motors, its subsidiaries, affiliates or licensors. ©2016 OnStar. All rights reserved. Sirius, XM, SiriusXM and all related marks and logos are trademarks of Sirius XM Radio Inc. Apple is a registered trademark and Apple CarPlay is a trademark of Apple Inc. App Store is a service mark of Apple Inc. The Bluetooth word mark is a registered trademark owned by Bluetooth SIG, Inc., and any use of such mark by Chevrolet is under license. Bose is a registered trademark of the Bose Corp. Brembo is a registered trademark of Brembo S.p.A. Android Auto, Google and Google Play are trademarks of Google Inc. ©2016 General Motors. All rights reserved. September2016 CHEVROLET OWNER CENTER (MY.CHEVROLET.COM) Everything you need to know. Anything you need to do. Your Chevrolet Owner Center makes it easy. Create your account today to get the most out of your new vehicle. Get special alerts and offers, schedule service, review your maintenance schedule, and view how-to videos specifically for your vehicle. All online, anytime. Visit the Owner Center today to register or take a tour. ENGINES Chevrolet products are equipped with engines produced by GM Powertrain or other suppliers to GM worldwide. The engines in Chevrolet products may also be used in other GM makes and models. ASSEMBLY Chevrolet vehicles and their components are assembled or produced by different operating units of General Motors, its subsidiaries or suppliers to GM worldwide. We sometimes find it necessary to produce Chevrolet vehicles with different or differently sourced components than originally scheduled. Since some options may be unavailable when your vehicle is assembled, we suggest you verify that your vehicle includes the equipment you ordered and that, if there were changes, they are acceptable to you. SPARE TIRE INFORMATION There is no standard jack or spare tire in the 2017 Chevrolet Camaro. Some vehicles have a tire sealant and compressor kit that uses a liquid tire sealant to temporarily seal up to a one-quarter-inch puncture in the tread area of the tire. After using the tire inflator kit, it is recommended that you take the tire to an authorized retailer for inspection and repair as soon as possible, but at least within 100 miles of driving. The tire sealant cannot seal and inflate sidewall damage, punctures larger than one-quarter inch, or a tire that has unseated from the wheel. The sealant can only be used on one tire and for one time before its expiration date. CHEVROLET OWNERSHIP EXPERIENCE Chevrolet is committed to enhancing the vehicle shopping and ownership experience through a wide array of programs. Visit chevrolet.com to build and price, find a vehicle, request a quote, compare vehicles, find financial tools or track your vehicle order. You’ll also find information about 24-hour Roadside Assistance, Courtesy Transportation, Customer Assistance, GM Mobility, safety and current incentives. CHEVROLET.COM/SAFETY Chevrolet is committed to keeping you and your family safe — from the start of your journey to your destination. That’s why every Chevrolet is designed with a comprehensive list of safety and security features to help give you peace of mind. GMMOBILITY.COM (1-800-323-9935) GM Mobility℠ offers financial assistance for eligible adaptive equipment to make automotive travel easier for persons with disabilities or special transportation needs. To learn more about special GM Mobility offers, visit gmmobility.com. THE BUYPOWER CARD The Chevrolet BuyPower Card — Every purchase you make with the BuyPower Card from Capital One* helps you earn toward an eligible new Chevrolet, Buick, GMC or Cadillac vehicle. There’s no limit on the amount you can earn or redeem, and your Earnings don’t expire. Visit chevroletbuypowercard.com/catalogs. * Capital One, N.A. is the issuer of the BuyPower Card. General Motors (“GM”) is responsible for the operation and administration of the Earnings program. 1 Maintenance visits must occur within two years or 24,000 miles of vehicle delivery, whichever comes first. Does not include air filters. See participating dealer for other restrictions and complete details. 2 Whichever comes first. See dealer for details. 3 Does not include emergency or security services. Visit onstar.com for coverage map, details and system limitations. 4 Requires data plan, compatible vehicle and compatible device. Some features require factory-installed remote start, power locks, Tire Pressure Monitoring System or active OnStar service. 5 Visit onstar.com for coverage map, details and system limitations. 6 Cargo and load capacity limited by weight and distribution.

2019-04-20T02:27:55Z

https://www.readkong.com/page/camaro-2017-camaro-2ss-coupe-in-nightfall-gray-metallic-7084229

I recently switched mobile phone carriers. Sprint was charging me way too much for my comfort. I'm told the rates I was being charged were pretty competitive, but $85 a month is whole a lot to pay, in my opinion. My plan was that rate for unlimited voice minutes, data, and text messages. I decided that though I didn't mind having unlimited texts and data, there was no reason for me to pay for unlimited voice minutes. I investigated Sprint's website for a plan that allows me to take the voice minutes down to something reasonable-- say, 100 minutes a month. No such plan was available. Through some relatively random web-bouncing, I some time ago discovered Ting, a wireless carrier that resells a mishmash of Sprint voice/data/SMS service and Verizon voice service, and bills 100% for usage. Each category has usage tiers for which there are respective monthly rates. Their website has more information if it should interest you. The point of this post is not to sell Ting service, though if you do wind up interested, let me know. I can get us both a billing credit if you sign up. So I switched to Ting, and watched my phone bill drop from $85 with an employee discount, to about $35 per month. With my $40 employee phone stipend, that makes my mobile phone service free of charge. Good news all around. But I left out a critical piece: the fact that I talk on the phone a lot for work, and I do still talk on the phone with my family, but only when I'm at home. I don't like having full phone conversations away from home. This however is totally fine, since there are abundant voice-over-ip carriers available, and I have the world's best residential ISP. I tried a couple out, and settled on just using calling and receiving calls from within gmail. Part of my job is to be on call once every six weeks or so, for a week at a time. That means that I can expect to be woken up a couple times a week for a work call. When I was on call, I discovered the headset method was not a viable option for being oncall. It's far too difficult to get from being asleep to at my desk with the phone answered in a shorter time than it takes for the call to go to voicemail. So I bought an ooma and my first landline phone in over ten years. The phone has a second handset that only requires a small charging cradle. So I put that in my room. Now, for about $65 a month, I have gigabit internet, 4G mobile phone service, and an unlimited landline. I'm getting concerned about the power consumption and distribution load in my apartment though. I have a bit of a tech corner now, with 20+ powered devices. I might have to look into that. I just updated my financial spreadsheet. I've been working hard to rebuild my finances since the summer of 2010, when I put together the first form of what is now my personal system for budgeting. Until early 2012 I was singularly focused on paying off the consumer debt I accumulated throughout my twenties, but especially for the seven months when I was unemployed in 2008 and 2009, which pushed the total debt to the low-to-mid five figures. By January 2013 I was out of consumer debt and had real, substantial(for me) savings. Enough to begin investing. When I made the transition earlier this year from being a try-before-you-buy contractor to a full-time employee, I availed myself of the retirement and healthcare options that my employer offered, of which I had never really taken advantage at previous jobs. I'd had a 401(k) plan before, but I'd never committed to 6% contributions(which are matched) before, so when I ate my first 401(k) up when I was unemployed, it wasn't worth much more than what I've managed to raise now in five months. For the first time, I have a health savings account into which I make payroll contributions twice a month. At Ali's (justified) urging, I used this in April to complete some long-overdue dental work. I got my wisdom teeth removed(which I should have done in 1998) and Dr. Fleming drilled and filled perhaps 17 cavities. The result is that now for the first time in my adult life I have no tooth pain. Speaking of Ali, who I love very much, and with whom I anxiously anticipate getting married and starting a family next year, I've been working hard to make adequate arrangements for our financial future. I opened a Roth IRA in April, and made arrangements to make the maximum legal contribution in 2014, and all the eligible years that follow, and I've been watching that investment grow. I also have an account with Lending Club, which has been earning me about 15% on my investment since I opened it with a smaller amount last May. My plan is to continue to make contributions to that, but only after all the other investment avenues have been met. For the first time, I made a chart of my finances that takes the long view, combining factors like inflation, healthcare expenses, children, and a host of other concerns, to determine when the aforementioned investments will be mature enough for us to retire and live off them solely without other income. A very conservative estimate is my sixtieth birthday, 25 years from now. That plan of course depends on a lot of assumptions: My income never changes(so I remain employed), the conservative returns I've plotted hold true and don't go negative, our family remains healthy enough to avoid any major medical expenses, and other factors that are anything but certain. So, in the face of that uncertainty, any more we can do will be beneficial. The idea of retirement is one for which I had never made any particular plan before, but it's definitely something I'm glad I'm doing. My only regret is not having done something like this years ago. I'm ten to fifteen years late on this, and imagining how much better off I would be now if I had established my financial plan when I was younger is cause for regret, but there's nothing I can do about it. All I can do is make what arrangements I can, now. For the last couple centuries, human civilization has enjoyed an unprecedented sustained boom, as the scientific method has allowed for technological innovation at a speed and on a scale that could scarcely have been previously imagined. The rate of innovation and invention is so great now that there is a thriving enormous industry of lawyers to argue over who invented what, and who owes whom what for whatever use of said previously claimed innovation. The rate is so great that products are obviated by newer products in only a matter of months, because new technologies enable them. Some decades ago, an electronic communications network was invented, and was initially only really used for defense and a small portion of American academia. Over the years and by degrees, the internet grew to what it is now: the largest source of information and interaction in the world's history. People downplay its importance, but make no mistake. The internet is the single most important, most powerful tool in human existence. Nothing comes close. It's had a multiplying effect on technological advancement too. It's allowed innovation to snowball. I, for example, would not have a career if not for the access I've had to it. I would guess that anyone reading this could say the same thing. Meanwhile, while modern society has benefited enormously from the internet on an uncountable number of fronts, little has changed with regard to the US Government, with respect to large monied organizations being able to effect change through donations and dubious financial associations with individual lawmakers. Defense contractors donate to campaigns to get lawmakers to sign off on a bid or a no-bid contract of some kind. Insurance companies make use of quid-pro-quo politics to write themselves into the benefiting side of healthcare legislation. It's called crony capitalism. It's what allows companies that don't succeed by normal means(selling products for money) to stay in business. High-ranked corporate executives are golf buddies with prominent lawmakers, and said prominent lawmakers secure a channel of income and political power through their associations with these high-ranked people by making it more difficult for competitors of their buddies' companies to do business. If you have buddies in Washington, you need not fear for the future of your company. Comcast, Verizon, Time Warner, and a host of other internet service providers are currently supporting actions that will establish for themselves a dedicated tier of commercially-centered internet access, for which the commercial beneficiaries on the other end will presumably pay. The justified concern that most informed people have is that while the ISPs claim that the purported tier will be of a higher quality and speed than that of the current offering, the natural inclination is that ISPs will not spend the money to create this proposed tier, and will instead just slow all the unsponsored internet access down. In response, politically active groups have sought to establish what they call Net Neutrality. It's a term that describes an ideal world in which all access to the internet is open and available to everybody on it, with no throttling based on content or requests. Several lawmakers have come out in support of Net Neutrality, claiming it will preserve the open internet. Several more have come out against it, claiming a need for faster access to high-demand internet-based services. Far more lawmakers have remained quiet about it, sitting on the fence and watching which side of the issue for which their support will be more politically advantageous for them. Let me go ahead and burst your bubble. ISPs are already doing this and have been for years. Behind the normal scenes is a pitched price battle between ISPs and the companies that offer services the ISPs' customers want to access. Arrangements are made in which companies agree to pay the premium demanded by ISPs, presumably commensurate with the traffic these services generate and the cost associated with that extra traffic with the overall goal being that requests go answered, and the internet ticks along with little or no impact on the users. A significant part of the power of the internet is that no political body controls it. The current push for Net Neutrality is attempting to put that power into the hands of the US Government, under the assumption that something as important as the internet simply cannot be trusted to the stewardship of profit-seeking ISPs, whose interests are presumably not aligned with ours. However, given the fact that the US Government has a pretty miserable track record with regard to crony capitalism, putting control of the internet in government hands not only violates the apolitical international nature of its governance, but also just allows ISPs to use existing cronyist channels to achieve their non-competitive means. A second tier, which is the current issue up for debate, could go either way(speeding up access for companies or slowing down access for you and me), and for that reason I oppose its creation. We don't need faster access to amazon or netflix or facebook. The companies depend on the ISPs, and consume a measurable portion of the bandwidth it costs the ISPs a lot of money to provide. I see no problem with them compensating the ISPs for this. Business to business is a well-established concept, with centuries of precedent behind it. Net Neutrality currently means handing over the most important resource the world has to commercial cronyism, with a dash of government corruption and incompetence. We made it to Denver, spent a brilliant weekend there, and got everything done that we needed to do. We have a venue. Ali and I will be getting married at the Table Mountain Inn in Golden, CO on Sunday, April 19th, 2015. Ali managed to pick out a dress without losing her mind on Saturday, and we were able to make good use of the time that remained to us over the weekend. I even managed a couple runs for exercise, though the air at 5000 feet is much thinner and caused me incredible fatigue very quickly. It will take some acclimation when we move there. In site news, it appears that this site doesn't look great on a mobile device, and the right-hand element that shows random pictures and links to random posts takes up way too much space on a phone screen. I am happily able to make updates to the site from my phone though. I will need to work on some of the CSS, and make some layout decisions. I've been working hard since we got home last night on some programming projects. One is a financial tracker that gives a short view of all my stock investments with a single simple command. the other projects have been for work, and as I write this I just sent off an email to the rest of my team at work saying that one of the aforementioned projects is finished enough that people can play with it. It's already identified two production servers with serious problems for which no alarm was ever generated. So I'm pretty pleased about that. Ali and I are hitting the road this morning for a stint of wedding planning with her family in Colorado. She's running late, so I'm testing the ability to post new content to this newly revamped webpage from my phone. My computer is powered off and my solar keyboard is up in the window to recharge while I'm gone, so this phone is my best bet. The trip promises to be a bit tedious with the weather as it is. From where I sit in the bedroom I can hear great volumes of water being kicked up by every passing vehicle out on 7th Street, along with the persistent rattle of drops against my windows that I normally find comforting, but this morning I find to just be unnerving. We'll have a good visit though. We've both been looking forward to it for some time. I started this website in 2002(wow, twelve years) as a personal journal, a log of my activities, a way to keep my loved ones apprised of what was happening in my life, and the biggest force for technology education I have ever encountered. This site taught me how to write in perl, how to run a webserver, how to manage system permissions and a hundred other system administration tasks on which I now depend for my living. It was an ongoing love affair with technology for me-- my very own project that allowed me to sandbox whatever new or not-so-new concept I wanted to try. It was an emotional outlet for me. If I was happy, sad, angry, excited, worried, or if I'd had my heart broken, I poured out my feelings here, and it was always a therapeutic, if overly revealing exercise for me. This was where my creativity was focused. I would gather steam on an idea to talk about, and have it out in a long or short blog post. For years I thought nobody was reading, but I've since learned that this was not the case. People I didn't know, but have since befriended have told me they used to read bahua dot com and check back often for updates. So I suppose I must have been doing something right. In any case-- whether I was reaching anyone or not, my own feelings about the site were unaffected. It was outlet of creativity. It was my ongoing technology project. It was my tutor in the ways of a host of technologies, most of which I use heavily today to make my living. It was not just the world's window into my life-- it was my portal to my own creative satisfaction and the expansion of my technical mind. I didn't realize at the time how important it was to me. Almost six years ago, I joined Facebook. It seemed like a great idea. Keep in touch with your friends, and even reconnect with some old friends from whom you've fallen out of touch. But after a couple years, I began to observe a bit of a problem. Aside from the site's marketing-centered modus operandi, (which is fine-- they're in business, after all) I noticed that my own creative output had been refocused on Facebook, and cut into tiny pieces. If I ever had a great idea that came out in my interaction with someone, it was just a comment. It was just a timeline update. Everything on Facebook scrolls off the bottom, out of reckoning and memory. It's a short-term medium that by design doesn't preserve anything. It's difficult to look back and see how we used to be. You can, of course(sort of), but business works based on what is the easiest thing for the consumer to do-- and on Facebook the easiest is the shallow memory. I also noticed that my own efforts with this website fell off almost entirely. As the archive page will attest, my updates got more and more rare after the summer of 2008. Prior to Facebook, I posted upwards of twenty-- sometimes over thirty updates in a single month. Complete sentences and entire thoughts went into them. Facebook provided a replacement for my venting and outlet, but at the cost of it disappearing quickly, like a breath in the wind. Then we all got on Facebook on our phones. This meant that instead of sitting and allowing myself to be bored, I would pick up my phone and scroll, scroll, scroll. Now, it is literally impossible to go to a social place-- a bar, a restaurant, a city street, a store --and not see someone retreating into a phone to have at least something to do. For years I thought this was fine-- an actual improvement on things. I would not have to be bored anymore! But I recently realized that boredom is important. Being bored allows my brain to ponder things, analyze things, come up with ideas, and be creative. I realized that boredom is where my creativity is born, and I took action. I uninstalled the Facebook app from my phone. I changed from always having at least one Facebook tab open in my browser to removing the bookmark for it and only checking back in every three or four days. I'm a little over a week into the purge, and it feels great. I amazingly have found that I have more time to work, and work on my own projects. One such personal project I picked back up was bahua dot com. I dusted off a "beta" site that I had working at about 65% by the time I got on Facebook, but then neglected altogether for years, and set to work to getting it working. Now enough of it works that I'm ready to start using it again. So, it's good to be back, and I hope to be able to integrate this site into present-day use. The biggest problem most Americans seem to have in common is finances. Making that check work for everything: bills, debt, savings, emergencies, and some form of a social life. For me, the unconscious level of priority went like this: social life, bills, debt, savings(emergencies). The result was that I had a great time doing little dances with friends, sometimes overdrew my checking account at great expense, paid off very little debt, and had no savings whatsoever. There was a time when I did have some savings, and I was very proud of my savings plan. But my friend Keith told me on a long drive to Colorado in 2003 that savings is worthless if you have high-interest debt, so I emptied the account when I got home, and used it to make a one-time chip at the roughly six thousand dollars of credit card debt I had at the time. Fast forward to 2008. Some bad luck pushed me to the unemployment line, and with no savings and six months before I got a job, my personal debt jumped to about twenty thousand dollars. The amount of time it took me to pay it off advanced the total to about thirty five thousand dollars because of assessed interest. The job I got didn't pay enough, to my mind, to pay my debt and bills, so the debt grew. I got a new job in 2010 that paid significantly more than any job I'd previously had, and this naturally pleased me mightily. But after a couple months, I noticed that my financial situation hadn't really improved, and certainly to the extent that I expected twenty five thousand dollars of extra annual income would improve it. I realized that I was doing it wrong, and further, had been doing it wrong for my entire adult life. I was sitting in a conference room in Dallas when I was going over my finances. The financial plan to which I was adhering was to track my expenses and enter every receipt's amount into a web application that I wrote. I entered predictable expenses like bills and debt payments into the application for future dates. The goal was to keep a realistic picture of how much money I had, which I realized quickly was the lowest amount of money in the future. Meaning if I had $700 in my account, but I knew that I had a $150 electric bill coming up on the 18th, The application would report that I had $550 available. That was my problem. My thinking was wrong. The application was great, and it did its job very well-- I paid my bills, and seldom overdrew my account --but my situation never improved. I had no savings. No safety net. No plan for my now massive debt. I was doing it wrong. I was being paid weekly, which was nice on its own, but no one check was big enough to handle my biggest bills, like my mortgage. So I got the idea to divide my mortgage in quarters, and make a payment for that much automatically each week. CitiMortgage did not like this however, and informed me that though I was sending them money, none of the payments registered as my actual monthly payment, so I wound up owing them a pile of money. It was unpleasant. I decided that going forward, I would transfer that 25% amount I had been paying into my long-dormant online savings account, and at the end of the month the full payment would be made automatically from there. This worked exceptionally well, and I found that my biggest monthly expense was no longer a source for even the slightest worry. I had by accident discovered the first inkling of a better way. It was very exciting. I proceeded to look at my full budgetary picture and for the first time, compiled a total of all my monthly expenses. I then compared that to my total net income, and realized that it was all well within reach. Anything extra was just that: extra. Before I got too carried away with that, I realized that the extra had to be used for debt, savings, and day-to-day spending. From that thought I concluded that debt, savings, and day-to-day spending had to be budgeted too, so I added amounts for them to my monthly expenses. I determined that by splitting things up into two accounts, I could meet my financial obligations and goals more easily. I figured out how much money I would need to live day-to-day: food, gas, beer, the occasional fun purchase, and set it up so that this amount was all that was deposited into my checking account when I got paid. The rest went into the online savings account. Actually, the online savings account had a checking account element to it as well, so I used that, and called it my "operations account." My operations account paid all my predictable bills automatically(mortgage, dues, cable, phone, electricity, etc) and was where the majority of my financial activity took place. Since my checking account had a set amount contributing to it, the operations account was where my monthly surplus went. That surplus went entirely toward paying debt. I went from struggling to make minimum debt payments to overpaying them by fifteen hundred dollars. I realized that with minimal effort on my part, I now had an actual date on when I was going to be out of debt. It was about a year and a half away, but compared to sixty or seventy years with minimum payments, or more likely never, that figure was immeasurably exciting. In this way, I paid my last debt payment at the end of January, 2012. Since then, I've been saving money. By 2013, I had enough savings to be able to start investing and paying down my mortgage. My only regret in all this is that I didn't do it from the beginning. I would be wealthy now if I had. So if you're reading this, know that if you're snowed under, there's hope! I'm not selling anything, and I'm not a Dave Ramsey adherent-- at least not by design. Today, I have a checking account with UMB which is tied to my debit/cash card. I have a credit card gathering dust somewhere in my room. I honestly don't know where it is. I should probably cancel it. I had a dream last night, and I want to know what people think it might mean. Maybe some background is required. My dad and stepmother in Peoria just moved out of the house where the family moved in 1992, a couple months into my freshman year of high school, and into a smaller house that suits an empty-nested couple more appropriately than the old one. The "old house," which I guess I have to call it now, has been home in Peoria for over twenty years. Mom died there when I was nineteen. It's where my family was centered when I became an adult. It's where my brother and sisters and I have introduced our friends and loved ones to the family. It's where we were a family. And now I'll most likely never see the inside of it again. This has been the undercurrent in an otherwise inexplicable motif of sadness lately. I don't know why I've been sad, but it happened rather quickly. As my friend Amanda said, this kind of sadness is the worst, as there is no target-- no area of my life on which I know to focus my efforts. There's no one and nothing for which I particularly long right now, and maybe that's the problem. I dreamed that I was in the basement of the old house with a group of people. Who it was in particular I can't say, except that I knew everyone well. The only specific person I can remember is my friend Nick, though not for any major part he played. The basement was for some reason filled with hidden venomous snakes. Looking at the main room revealed nothing at all, but behind furniture and under almost every object was a brown-yellow-red diamonback-ish snake. I recall thinking they were beautiful. At the beginning of this, the group and I were looking for something that was recalled earlier in the dream, but is now lost with the passage of time. It was not a mystery though. Anyway, everywhere we looked there would be an agitated snake that would coil in hostility upon discovery, putting its neck into an S-shape in preparation to strike if its discoverer got too close. The only spoken words I remember were when Nick had a run-in with one of them, and took a bite on the ankle. "Did he get you?" I asked. Nick left, presumably to seek medical attention, and after a while of this I was in the basement by myself with all the hidden snakes. I recall that I had no intention of harming any of them, and that doing so would cause for something to be lost that could not be regained, or would serve as some kind of failure on my part. So whenever I encountered one of these annoyed snakes I would respectfully back off and look elsewhere. After some time, I was sitting on the old junky blue-upholstered chair that hasn't been in that basement in over fifteen years, and I looked to my left. At the other end of the room, lying in plain sight, was an enormous snake. It was at least fifteen feet long and a foot in diameter at its widest, and was lying in a close V-shape, seemingly at leisure. Its head was the size of a large men's shoe. It seemed to notice me at the same time as I noticed it, and began to threateningly charge me. My legs didn't seem to work, and I made slow mushy progress to the stairs behind the chair's back. At this point either my dream changed or I woke up. I'm not sure, because I have no memory of what happened after that. I don't know what this dream means, but I have some ideas. I would like to know your opinion on it. Yesterday, Google announced additional details for the implementation of a fiber network to Kansas City. I'm not going to repeat that stuff-- it's all over the internet. Just look around. What I'm going to do is air a bit of a grievance about it, because the more I find out about this deal, the worse the deal gets. When Google announced last year that they would be building an unprecedented fiber network in Kansas City, all involved and affected were buzzing with energy and excitement, myself included. A gigabit of internet access to everyone in town! 650,000 residents thrust all of a sudden into the future. The potential was staggering. The unimaginative could only see the face value. Higher-speed access to the internet. Youtube and facebook will load faster. Netflix loads faster, and possibly at a higher quality. But I saw that this was huge. It was much a greater catalyst than that, because my thought was that the potential for innovation, capitalism, and commercial opportunity would be so great that this would be the biggest economic watershed for Kansas City since the railroad bridge was built in 1869, and possibly bigger. This was what I thought Google's idea was too. Then, over the intervening months I started to read about Google's fiber initiative including residential television service, and I became confused. What reason do they have to break into television? How will that foster the commercial renaissance I had envisioned? If anything, it'll just make it difficult for existing carriers to do business in Kansas City. That isn't innovation. With both KCMO and KCK bending over backwards to make this happen, that's government-sponsored competition killing. My opinion of Google declined. Then, the announcement was finally made as to how things were going to go down. A marketing-laden presentation was given yesterday, to highlight the major points of Google Fiber, talking entirely about how it can be used and enjoyed by people at home. No mention whatsoever was made of the business application of it. No mention whatsoever was made of how it would improve public services, or level the playing field for Kansas City's ailing schools and underfunded hospitals. It was basically an expensive advertisement for a home ISP. Again, my opinion of Google declined. It was announced that KC had been divided up into geographical areas referred to as "fiberhoods," which surreptitiously excluded large parts of the city. Each fiberhood coincided loosely with existing neighborhoods, or did as much as possible, and residents of each could now preregister for Google Fiber service. But a couple hooks were added without specific announcement. If a fiberhood didn't reach a number of preregistrations by Septemer 9th equal to an arbitrary percentage of all the housing units within it, the Google Fiber would not become available there. Further, and cruelly so, in my opinion, Google has seen fit to deny access to its network to schools and public buildings in fiberhoods where the arbitrary goal isn't met. The goal for most of the city is five or ten percent, which on its own is very significant. However, in downtown it's twenty five percent, with the highly noticeable exception of the River Market, which is five percent. Google claims on the registration page and interactive maps that fiberhoods that don't reach their goal by September 9th will not get service, and the ones with the highest percentage of registrants, as compared to their goal, will get service rolled out first. This is not a good time to live downtown. Amazingly-- flabbergastingly, downtown might actually not get Google Fiber service. This is not a good time to innovate. This is not a good time to move your company to Kansas City. This is not a good time to invest in Kansas City. Because unless we hear something different, all we're looking at with Google Fiber is faster Facebook and Youtube. I'm taking tonight off from being irresponsible to get some work, Christmas shopping, and personal accounting done. Through some belt-tightening, planning, and relatively lucrative employment I've managed to pull out of the thirty thousand dollars of debt into which I plunged when I was unemployed in 2008 and 2009. By this time next month, I will be 100% debt-free for the first time since I was 22, when I got my first credit card and lost my childlike mind. So that feels good. The next step is resolving what I see as a big financial problem for which my debt has made me incapable of addressing: my mortgage. Remember the mortgage crisis that culminated in the printing of zillions of worthless dollars in 2008 to make believe the problem had been addressed? Well, I'm one of those "toxic" mortgage customers. I took out a loan for the full buying price of my place when I bought it in 2007, and got an APR of 6.375% on it. That's bad. Especially with the dizzyingly low rates that are available to qualified borrowers nowadways. But over the past four years(it'll be five years in March!) I've made sure to always pay more than the amount due on my monthly payment, even if it was only a couple dollars. Some months were small, others were big, but now, I've managed to lop the last three months off my term and save myself about four times what I've overpaid. That feels good, but I'm still sitting with under 20% equity on my place. So my plan is to ratchet up my monthly payments with my newfound extra money each month, with the goal being to get over 20% equity, and qualify to refinance at one of these great low rates. I have a spreadsheet on google that outlines my monthly expenses, debt, savings, and projections thereof. My plan is to increase my mortgage payment by an amount roughly equivalent to 0.7% of my principal balance each month, with the goal being to get over 20% as quickly as possible, so I can refinance for super-happy-big longterm savings. What I've discovered though, is that I really don't have any savings whatsoever, and a monthly budget surplus seems like an ideal way to fix that. I have a couple of noticeable expenses that come up once or twice a year, and having a savings to deal with them and anything else unexpected seems like the reasonable thing to do. So here's the plan. Save up about two months' salary, then scale the monthly contributions to savings down to a trickle to push hard on the mortgage for about a year and a half. Then I refinance, and fix my place up. Let's see how it goes. Check back with me soon.

2019-04-19T03:10:24Z

http://beta.bahua.com/

The present invention provides an interlock scheme for use between a line card and an address recognition apparatus. The interlock scheme reduces the total number of read/write operations over a backplane bus coupling the line card to the address recognition apparatus required to complete a request/response transfer. Thus, the line card and address recognition apparatus are able to perform a large amount of request/response transfers with a high level of system efficiency. Generally, the interlocking scheme according to the present invention merges each ownership information storage location into the location of the request/response memory utilized to store the corresponding request/response pair to reduce data transfer traffic over the backplane bus. According to another feature of the interlock scheme of the present invention, each of the line card and the address recognition engine includes a table for storing information relating to a plurality of database specifiers. Each of the database specifiers contains control information for the traversal of a lookup database used by the address recognition apparatus. At the time the processor of a line card generates a request for the address recognition apparatus, it will analyze the protocol type information contained in the header of a data packet. The processor will utilize the protocol type information as a look-up index to its table of database specifiers for selection of one of the database specifiers. The processor will then insert an identification of the selected database specifier into the request with the network address extracted from the data packet. This is a continuation of application Ser. No. 07/819,491 filed Jan. 10, 1992, now abandoned. The present invention is directed to computer networks and, more particularly, to a scheme for interlocking line cards to a shared address recognition apparatus utilized for the storage and look-up of network address information. The capability of computers to communicate with one another has become a basic attribute of modern information processing. There is an ongoing proliferation of user applications that depend upon the ability of a computer running one of the user applications to send and receive data to and from other computers. The communication capability is necessary for the user application to be able to complete the task for which the application was developed or to communicate information to other users within a group or organization. A particular application may be designed, for example, to call subroutines running on another computer for certain data processing functions or to access a remote database to obtain input data or to store results. An important objective in providing a communication capability among computers is to make all of the database and processing resources of the group or organization available to each user in the group or organization. In response to the growing need for sophisticated communication capabilities among computers, network, routing and bridging protocols such as IP, DECnet, OSI, etc. have been developed to control data transmissions between computers linked to one another in a network. The various protocols are implemented in transmission services used to couple computers to one another. Each protocol is typically defined in terms of a number of layers, with each layer relating to a certain aspect of the functionality required for data transmissions throughout a network. For example, the first three layers are defined as a physical layer, a data link layer and a network layer. The physical layer is directed to the physical and electrical specifications of a physical link, for example, a bus, that couples the computers of a network to one another. The physical layer controls bit transmissions through the link so that a series of bits of a data packet can be communicated from one computer on the network to another computer on the network. The physical layer will set the voltage levels for logical ones and zeros, the timing of stable bit information on a physical link and so on, as necessary to transmit the bits of a data packet over the physical link. The data link layer is directed to the packaging or framing of bits received in a data transmission into a defined packet that is free of transmission errors. The data link layer creates and recognizes boundaries between bits to define bit fields. The bits between boundaries provide structure and meaning to the bits of a data packet. For example the data packet can include a header, comprising the first n bits of a transmission, for computer source and destination information, the length of the data packet in bytes, the network protocol being used and so on. The header can be followed by framed bytes of data comprising the actual message being communicated between two or more computers on the network. The network layer is directed to the control of routing information required to direct a message from a source computer to a destination computer of the network. Each protocol will define the length and content for a network address to uniquely identify each source or destination of data packets and the processing scheme for routing a data packet through a network. The network address information is in one of the bit fields of a data packet, as framed by the data link layer processing scheme defined by the protocol. Networks are generally arranged into local area networks (LANs) and wide area networks (WANs). A LAN couples computers that are physically located relatively close to one another, as for example in the same building. A WAN couples computers that may be located in different cities or indeed on different continents. A WAN usually includes components such as a router to receive a data packet from a computer on one LAN and to forward the data packet to a computer on another LAN. The router processes a network address of a data packet according to a protocol implemented in the transmission service used on the network to determine how the data packet is to be routed, e.g., to another router directly coupled to the receiving LAN or to an intermediate router, etc. Each router stores information on the topology of the network for use in routing each data packet. A bridge is another component that may be utilized to transfer data packets from computers of one LAN to computers of another LAN. A bridge intercouples different LANs and monitors communications within and between the LANs to "learn" source and destination address information. The bridge continuously learns and "ages" address information to accommodate the transfer of a data packet between the LANs. Typically, each of the bridge and router components have access to a look-up database that contains bridging or routing information, respectively, relating to the network addresses of the sources and destinations of data in the particular network being serviced by the respective router or bridge. An address recognition engine can be implemented as a resource for a router or bridge for access to the look-up database. The router or bridge operates to extract the network address from the header of a data transmission received at the router or bridge and inputs the address to the address recognition engine. The address recognition engine utilizes the input network address as an index for traversal of the look-up database to locate an entry corresponding to the network address. The entry contains protocol information required by the router or bridge for directing the data transmission to the designated destination. As should be understood, the nature and content of the information that would be stored in a database entry depends upon whether a router or bridge were implemented in the network due to the differing operating characteristics of routing and bridging operations. Moreover, the size and format of the network address and the nature and content of the network information related to the network address in a particular network are defined by the network protocol implemented in the network. Accordingly, the structure of a look-up database must be designed to accommodate either bridging or routing as well as the address length and information content requirements of the protocol being utilized in the network were the bridge or router is operating. Thus, a look-up database designed to support a router in a network implementing, e.g., a DECnet protocol would not be suitable for use by a bridge, and so on. A problem concerning computer communications is encountered when a user application running on a computer in a first network utilizing a first data transmission service needs to communicate with a computer coupled to another network utilizing a different data transmission service. The physical layer implemented in the first network may be entirely different from the corresponding layer implemented in the other network. In an effort to fully utilize the processing and database resources of a computer system, more and more user applications running on, for example, computers of a network in one organization need to communicate with user applications or processing and database resources running on computers of a network in a second organization. Each network and its associated data transmission service and network protocol can be viewed as a domain of a larger overall network wherein all of the computers of the larger network need to communicate with one another. A series of line cards can be provided to service various different data transmission services so as to provide a coupling between different domains of a computer network. Each line card is dedicated to a particular data transmission service and is designed to support the physical and data link layers implemented in the particular data transmission service. The line cards are coupled to one another, as, for example, by a backplane bus for transmission of data packets across different data transmission services. As should be understood, each line card operates as a bridge or router and requires a look-up database designed to accommodate its needs. While implementing a look-up database on each line card provides a solution to the network address need, such an approach results in redundancy of data throughout the system as well as an inordinate use of line card real estate. Thus, there is a need for a look-up database that is sufficiently flexible in design to function as a shared resource to a plurality of line cards and for an efficient interlock scheme to facilitate high bus traffic between the line cards and the shared look-up database resource. The present invention provides an address recognition apparatus that is flexible in design and usable in routing and bridging operations in the context of various different network protocols. In this manner, a single address recognition apparatus according to the present invention can service a router, a bridge or both simultaneously, and, at the same time support look-up operations for several different protocols. The address recognition apparatus is also structured to accommodate a large amount of network information data in an economical and efficient look-up scheme so that the address recognition apparatus can service a plurality of routing and bridging components as a shared resource. The present invention also provides a scheme for interlocking a series of line cards to the address recognition apparatus via a backplane bus. In this manner, the present invention achieves high speed network address information look-up services with backplane bus efficiency sufficiently high to support a backplane based system comprising a plurality of line cards and a shared address recognition resource. Generally, the address recognition apparatus of the present invention comprises an address recognition engine coupled to a look-up database. The look-up database comprises a primary database and a secondary database. The address recognition engine accepts as an input the network address extracted from a data transmission. The address recognition engine uses the network address as an index to the primary database. The primary database comprises a multiway tree node structure (TRIE) arranged for traversal of the nodes as a function of preselected segments of the network address and in a fixed sequence of the segments to locate a pointer to an entry in the secondary database. The TRIE structure has a predictable search time, does not require wide memory for comparisons of digit values to select a node pointer and can be implemented in an economical amount of memory space particularly in a sparsely populated address space, as is often the case in networks. Thus, the TRIE structure for the primary database provides fast access to a large amount of data as would be the case when the address recognition engine is to be used as a shared resource. Each segment of the network address used as an index by the address recognition engines locates a node containing pointers to subsequent nodes, each pointer of a particular node being defined by one of the possible values of a subsequent segment of the address. The traversal of nodes starts at a root node and continues through a sequence of transition nodes according to the sequence of segments of the network address until a terminal or end node is reached. Each terminal node stores the pointer to the secondary database entry corresponding to the network address used to reach the terminal node. The entry in the secondary database pointed to by the primary database pointer contains information necessary for the router or bridge, as the case may be, to direct the data transmission towards its intended destination. Each line card is coupled to one or more data transmission lines of a particular data transmission service. Each line card operates autonomously and includes all of the circuitry and logic required to process the physical and data link layers of the particular transmission service to transmit and receive data packets to and from the respective data transmission lines. Each line card includes a processor to perform data link and network layer processing for each data packet upon reception or for transmission of each data packet handled by the line card. For each data packet received by a line card, the processor extracts the network destination address and passes the address as a "request" to the address recognition apparatus via the backplane bus. The address recognition engine reads each request and uses the address contained in the request as an index to the information database for lookup of a corresponding entry. A portion of the corresponding entry is returned to the line interface card as a "response" that is then read by the processor. The response includes the routing or bridging information required by the processor of the line card to direct the respective data packet to its intended destination. In any scheme for transferring requests and responses between two devices coupled to one another by a backplane bus, it is necessary to interlock the devices so as to make certain that each request is properly identified to the responding device as a valid request. In addition, each response must be identified to the requesting device as a valid response. The validity of each request and its corresponding response is typically indicated in "ownership", information associated with each request, response pair. When the ownership information indicates that the responding device "owns" a request, this represents a request written by a requesting device and yet to be processed for a response. Thus, the responding device will know that the request is to be used for lookup of a corresponding response. When the ownership information indicates that a response is owned by the requesting device, this represents a response returned by the responding device in respect of the corresponding request. Accordingly, the requesting device will know that the response should be used in the processing of the input data relating to that request. In this manner, requests and responses can be efficiently transferred between two devices without redundant processing of requests and with a positive indication of correspondence between each response and its respective request. The present invention provides an interlocking scheme for the line cards and shared address recognition apparatus that reduces the total number of read/write operations over a backplane bus required to complete a request/response transfer. Thus, the line cards and address recognition apparatus are able to perform a large amount of request/response transfers with a high level of system efficiency. Generally, the interlocking scheme according to the present invention merges each ownership information storage location into the location of the request/response memory utilized to store the corresponding request/response pair. In this manner, the requesting line cards and responding address recognition apparatus can read or write the ownership information at the same time and during the same read/write operation used to read or write the respective request/response pair. Accordingly, the overhead imposed upon the backplane bus to complete request/response transfers between the line cards and the address recognition apparatus is reduced to provide a more efficient operation in the backplane bus system. According to another feature of the interlock scheme of the present invention, each of the line cards and the address recognition engine includes a table for storing information relating to a plurality of database specifiers. Each of the database specifiers contains control information for the traversal of the primary and secondary databases. At the time the processor of a line card generates a request for the address recognition apparatus, it will analyze the protocol type information contained in the header of the respective data packet. The processor will utilize the protocol type information as a look-up index to its database specifier table for selection of one of the database specifiers. The processor will then insert an identification of the selected database specifier into the request with the network address extracted from the data packet. The processor can readily cross reference protocol type information contained in each data packet to control information appropriate for the specific network protocol associated with a particular data transmission. In this manner, the address recognition engine is interlocked to control information for a multiple of routing and bridging protocols without the need for processing protocol type data. Thus, the address recognition engine receives as a request a network address and an identifier to identify one of the database specifiers stored in its table. The address recognition engine traverses the primary and secondary databases according to the control information contained in the database specifier indexed by the identifier accompanying the network address. For example, different protocols define different address sizes, formats and other information items that may be stored in the entries of the secondary database. To accommodate different sizes of network addresses according to the formats of different protocols, the TRIE of the primary database is arranged to have multiple root nodes to provide several traversal paths, each able to accommodate a different size and address format from among the possible network addresses that can be input to the address recognition engine. Each database specifier includes information on the root node to be used for a particular network address. The interlock scheme provides an efficient interlock between several line cards and a shared address recognition resource by minimizing the number of backplane bus transactions required to complete request/response transfers and by implementing a streamlined method for exchanging database look-up control information between line card processors and the shared address recognition apparatus. Thus, an integrated backplane bus based system of line cards is feasible for coupling different data transmission services to one another for computer network integration. FIG. 1 is a block diagram of an exemplary computer network incorporating the interlock scheme of the present invention. FIG. 2 is a schematic representation of an exemplary embodiment for the physical hardware configuration of the network integration server of FIG. 1. FIG. 3 is a block diagram of a high level representation of the architecture for a shared memory card and line interface cards of the computer network of FIG. 1. FIG. 4 illustrates a data block structure for the request/response RAM of FIG. 3. FIG. 5 is a flow diagram for reading and writing ownership information in the data block structure of FIG. 4. FIG. 6 is a flow diagram of the operation of the database of FIG. 1. FIG. 7 is a flow diagram of the operation of the database during the reading of a request in the request/response RAM of FIG. 1. FIG. 8 illustrates an example of a network address and database specifier input to the address recognition engine of FIG. 1. FIG. 8A illustrates a data block structure for the request/response RAM of FIG. 3. FIG. 8B illustrates an example of the database specifier field of FIG. 8. FIG. 8C illustrates a further data block structure for the request/response RAM of FIG. 3. FIG. 8D is a table of information relating to the data block structure of FIG. 8C. FIG. 8E illustrates another data block structure for the request/response RAM of FIG. 3. FIG. 8F is a table of information relating to the data block structure of FIG. 8E. FIG. 8G is a summary of the data structure for the data block of FIG. 8E. FIG. 9 is a memory map of the memory of the look-up database of FIG. 1. FIG. 10 is a schematic representation of the primary database of FIG. 8. FIG. 11 illustrates an exemplary structure for a prefix string for a node of the primary database of FIG. 10. FIG. 12 is a block diagram for a node pointer of one of the nodes of the primary database of FIG. 10. FIG. 13 illustrates an exemplary format for an entry in the secondary database of FIG. 9. FIG. 14 illustrates an exemplary format for a look-up database specifier of the address recognition engine of FIG. 1. Referring now to the drawings, and initially to FIG. 1, there is illustrated, in block diagram form, an example of a computer network generally indicated by the reference numeral 10. The network 10 comprises a plurality of local area networks (LANs) including an 802.5 token ring LAN 12 and two 802.3 LANs 14, 16. The 802.5 LAN 12 comprises a plurality of personal computers 18, all coupled to one another by a token ring bus 20 for communication among the personal computers 18 within the LAN 12. A token ring router 22 is also coupled to the bus 20 and is further coupled to a wide area network (WAN) router 500 24 by an 802.3 bus 26 so that the personal computers 18 of the LAN 12 can communicate with other devices outside the LAN 12 via the token ring router 22 and WAN router 24. To that end, the WAN router 24 is coupled to a T1 data transmission line 28 for communication with, e.g., a personal computer of another LAN 14, 16, as will appear. The 802.3 LAN 14 also comprises a plurality of personal computers 30 coupled to one another for communication within the LAN 14 by an 802.3 LAN bus 32. A WAN router 100 34 is coupled to the bus 32 and to an X.25 data transmission line 36 for transmission of data from any one of the personal computers 30 to outside the LAN 14. In a similar manner, the 802.3 LAN 16 comprises a plurality of personal computers 38 coupled to one another and to a Translan 320 bridge 40 by an 802.3 LAN bus 42. The bridge 40 is coupled to a Transpath 350 bridge 44 by a 64K bps data transmission line 46. The bridge 44 is further coupled to a T1 data transmission line 48 for bridging data between LANs. Moreover, each of a plurality of personal computers 50 is coupled to a WAN router 250 54 of the network 10 by a point-to-point coupling 52. Each point-to-point coupling 52 may comprise a sync, async or dial 1200-19200 bps data transmission service. The WAN router 54 is, in turn, coupled to a WAN router 500 56 by a 64K bps data transmission line 58 and the router 56 is further coupled to an 802.3 LAN bus 60. As should be understood from the above, a data transmission from any one of the computers 18 of the LAN 12 will be transmitted out of the LAN 12 via the router 22, 802.3 LAN bus 26 and router 24 onto a T1 transmission line, while data transmissions from any one of the computers 30, 38, 50 are ultimately routed out of their respective local operating environments via X.25, T1 and 802.3 LAN transmission services, respectively. In addition, the personal computers 38 of the LAN 16 utilize a bridge for communication with personal computers of other LANs while the personal computers 18, 30, and 50 are coupled to routers. Accordingly, if a user application such as electronic mail were running on each of the computers 18, 30, 38 and 50, it is necessary to provide a multi-protocol routing and bridging service in the network 10 so that a mail message from, e.g., one of the computers 18 of the LAN 12 can be transmitted via the T1 transmission service and received through the 802.3 LAN service by, e.g., one of the computers 50. To that end, a network integration server 62 is coupled to each of the transmission lines 28, 36, 48 and 60 to receive data transmissions, typically in the form of data packets, from any one of the transmission lines 28, 36, 48 and 60 and to route or bridge each data packet out on any one of the transmission lines 28, 36, 48 and 60. The network integration server 62 provides, in a single device, network connectivity between any number of different user applications running on the various computers 18, 30, 38 and 50 by providing a mapping scheme between the user application services available on the constituent computers 18, 30, 38 and 50 of the network 10 and the multiplicity of transmission services that may be used throughout the network 10. In this manner, a mail message, e.g., received from one of the computers 18 over the T1 transmission line 28 can be routed by the network integration server 62 to one of the computers 50 via the 802.3 LAN 60, router 56, 64K bps line 58, router 54 and point-to-point coupling 52. Referring to FIG. 2, there is illustrated schematically an exemplary embodiment for the physical hardware configuration of the network integration server 62. A standard 19" rack 64 having a backplane bus (not illustrated here, see FIG. 3) is arranged with slots, in a known manner, to slidably receive and mount circuit cards 66. The rack 64 can include nine slots. The circuit cards 66 include a power card 68 physically received into two of the slots to provide a power source to each of the cards 66 operating in the server 62, a management card 70 received into one of the slots for initialization, control and management of the operating cards 66 including input and update of routing information relevant to the network, a memory card 72 received into another of the slots for centralized shared memory services, as will be explained in more detail below, and a series of line interface cards 74, each received into one of the remaining seven slots of the rack 64. Each line interface card 74 operates autonomously and includes all of the circuitry and logic required to process the physical and data link layers of a particular transmission service protocol, e.g. one of the T1 and X.25 transmission services. In addition, each line interface card 74 includes a network layer processor for the network protocols supported by the respective line interface card 74. The shared memory card 72 provides centralized network routing and bridging information services to the network layer processors of the line interface cards 74. Each line interface card 74 can communicate with any one of the other line interface cards 74 via the backplane bus to affect the transfer of each data packet received at the respective line interface card 74 according to the network routing or bridging information obtained from the shared memory card 72, to one of the other line interface cards 74 for transmission out of the network integration server 62. Each line interface card 74 is provided with a port or ports for physical and electrical connection to a transmission line operating according to the transmission service supported by the respective line interface card 74. For example, line interface card 74A can support a low speed synchronous transmission service through a modem and is provided with a 50 pin port 76 on a front panel for coupling with a 50 wire cable 78. The 50 pin port-50 wire cable arrangement 76, 78 is used for a fan out of lines required to service eight modem connections. The cable 78 is coupled to a remote distribution panel 80 mounted to the rack 64 below the slots used to mount and support the cards 66. The remote distribution panel includes eight ports 82 for coupling to eight different modems (not illustrated). The remaining cards 74 are each provided with appropriate ports 84, 86 on the respective front panel for coupling directly to transmission line(s) operating according to the transmission service supported by the respective line interface card 74. The rack and slot configuration for the physical hardware support structure provides a modular design for flexibility and expandability. The network integration server 62 can be rearranged to handle additional or different transmission services simply by adding or replacing line interface cards 74 as required by the various types of transmission services used in a particular network. In addition, the autonomous performance of all the physical and data link processing on each line interface card for the transmission service supported by the line interface card, results in a high performance data transmission capacity that can be increased incrementally by adding line interface cards 74 to the rack 64 as data traffic on the network increases. FIG. 3 shows, in block diagram form, a high level representation of the architecture for the shared memory card 72 and line interface cards 74A, 74B of the network integration server 62. The network integration server 62 is a backplane based system used to provide network connectivity among dissimilar data transmission services. FIG. 3 illustrates two line interface cards 74A and 74B. The line interface card 74A supports a low speed synchronous transmission service such as a 64K bps service, while line interface card 74B supports a T1 transmission service. It should be understood that the specific transmission services described in respect of the line interface cards 74A, 74B are representative as a line interface card for any particular transmission service can be provided on the network integration server 62, as required by the network. Generally, each line interface card 74A, 74B comprises a line interface 88A, 88B coupled to the respective transmission line 60, 28, a processor 90A, 90B for data link processing, network layer routing and bridging processing and management transactions and a backplane bus interface 92A, 92B, respectively. Each processor 90A, 90B is coupled to a table 93A, 93B, respectively, for storage of identifiers for database specifiers, as will be described below. The memory card 72 comprises an address recognition engine 96A and request/response RAM 96B for centralized routing and bridging information services available to the line interface cards 74A, 74B, a lookup database 94, a table 94A and a backplane bus interface 98. A high performance asynchronous backplane bus 15 is coupled to each of the memory card 72 and line interface cards 74A, 74B via the respective backplane bus interfaces 92A, 92B, 98. The backplane bus 15 operates according to the Futurebus IEEE Backplane Bus Specification (ANSE/IEEE Std 896.1) to provide communication services between the line interface cards 74A, 74B and the memory card 72. Each line interface 88A, 88B provides the physical and electrical connectivity to the respective data transmission line 60, 28 for bit transmission. For example, each line interface 88A, 88B is coupled by a distribution panel or adapter cable to an RS232, RS422/449, V.35 or X.21 leased telephone line and is adapted to transmit and receive serial bits of a data packet according to the electrical and physical specification of the leased line. In addition, each line interface 88A, 88B formats the serially transmitted bits into data packets according to the data link protocol utilized in the respective transmission service, as for example one of the standard HDLC, LAPB or PPP data links. Each processor 90A, 90B performs the data link and network layer routing or bridging processing required upon reception or for transmission of each data packet by the respective line interface 88A, 88B. The network layer processing is performed by the processor 90A, 90B according to the network layer protocol utilized in the domain coupled to the respective transmission service, as for example, one of the OSI, IP and DECnet network protocols, the IS-IS multi-protocol routing scheme and/or a bridging protocol. The processor 90A, 90B analyzes the format of each data packet to determine the network layer protocol do be used for that data packet. The memory card 72 provides centralized database services for all of the line interface cards 74 in the network integration server 62. These services include the address recognition engine 96A which is coupled to each of the information look-up database 94 and the table 94A for storage of database specifiers, as will appear. For each data packet received by a line interface card 74A, 74B, the processor 90A, 90B extracts the network destination address and passes the address as a "request" to the request/response RAM 96B via the bus 15. The address recognition engine 96A reads each request in the request/response RAM 96B and uses the address contained in the request as an index to the routing information database for lookup of a corresponding entry. A portion of the corresponding entry is placed in the request/response RAM 96B as a "response" that is then read by the processor 90A, 90B again via the bus 15. The response includes routing information that indicates which line interface card 74 of the network integration server 62 is to get the data packet corresponding to the request/response for transmission out of the network integration server 62. The requests and responses are communicated between the line interface cards 74 and the address recognition engine 96A through a device interlocking scheme feature of the present invention that is implemented in the request/response RAM 96B, as will be described in more detail below. Referring now to FIG. 4, there is illustrated in more detail a data block structure for the request/response RAM 96B. The request/response RAM 96B provides an interlock mechanism between each processor 90A, 90B and the address recognition engine 96A for an exchange of request and response information. The request/response RAM 96B is divided into a plurality of rings 100, e.g. 32 rings, with each ring 100 being dedicated to one of the processors 90A, 90B. Each of the processors 90A, 90B may have one or more rings allocated to it depending on the data traffic expected through the processor 90A, 90B so as to properly balance the servicing of requests by the address recognition engine 96A. For example, the processor 90A may have more allocated rings 100 than the processor 90B. Each ring 100 is further divided into a plurality of entries 101, as for example, 16 entries 101 per ring 100. As illustrated in FIG. 4, each entry 101 has sufficient memory space to store 16 longwords 102, designated as 0 to 15 in each entry 101. A first set of eight longwords, 0-7, of each entry 101 is used to store a request. A second set of eight longwords, 8-15, of each entry 101 is used by the address recognition engine 96A to store the response corresponding to the request stored in longwords 0-7 of the respective entry 101. Each processor 90A, 90B maintains a pointer mechanism including a first pointer to indicate the location of a next entry 101 in one of its rings 100 in the request/response RAM 96B that is available to store a request. The first pointer will increment to a next location after each request is stored in the request/response RAM 96B. In addition, a second pointer of the pointer mechanism indicates the location of a previously used entry 101 that should be accessed for reading of a response. The second pointer is also incremented after the processor 90A, 90B reads the response. The first and second pointers are initialized to point to the same entry location and will each continuously loop around the ring or rings allocated to the respective processor 90A, 90B as they are incremented. If the first pointer loops around the ring 100 faster than the rate at which the processor 90A, 90B reads responses from the request/response RAM 96B, (i.e., faster than the address recognition engine 96A can service requests) the location pointed to by the first pointer will eventually coincide with the location pointed to by the second pointer. At that time, the processor 90A, 90B will stop sending requests to the request/response RAM 96B until the second pointer has been incremented to point to another entry in the ring 100. The address recognition engine 96A polls each ring 100 of the request/response RAM 96B on a round robin basis, for requests to service. The address recognition engine 96A reads one entry 101 of each ring 100 as it polls each ring 100 and continues polling to eventually read all of the entries 101. During the exchange of requests and responses between the processors 90A, 90B and the address recognition engine 96A, it is necessary to communicate the validity of a request or a response in a particular entry 101 to the address recognition engine 96A or processor 90A, 90B, respectively. In other words, the address recognition engine 96A must be able to determine whether a request in an entry 101 that it polls is one that should be serviced (valid) or one that has already been serviced and thus should not be read (invalid). Similarly, a processor 90A, 90B must be able to determine whether a response in an entry 101 is the response to the request that it last stored in the entry 101 (valid) or a stale response corresponding to a previous request (invalid). Pursuant to a feature of the present invention, the interlock between the processors 90A, 90B and the address recognition engine 96A provides for "ownership" information to be stored in dedicated bytes of each request and each response memory space of each entry 101 as an indication of the validity of the data in the respective memory space of the entry 101. Moreover, the setting and clearing of the ownership information is performed by both the processors 90A, 90B and the address recognition engine 96A during their respective read and write operations in respect of requests and responses to minimize the total number of bus transactions required to complete the request/response transfer. This minimizes the bus transaction overhead for the transfer of a request/response pair through the computer system 10 and, therefore, further facilitates the prompt completion of the bus transactions required for the return of responses to the processors 90A, 90B. Referring once again to FIG. 4, the first byte 103 of the first set of longwords 102 (longwords 0-7 of each entry 101 for storage of a request) is dedicated to store an OWN-- ID bit 104 and a REQ-- ID bit 105. In addition, the first byte 106 of the second set of longwords 102 (longwords 8-15 of each entry for storage of a response) is dedicated to store a RSP-- ID bit 107. The OWN-- ID, REQ-- ID and RSP-- ID bits 104, 105, 107 together provide the ownership information necessary for an indication of the validity of data stored in the respective entry 101. Moreover, the storage of the OWN-- ID and REQ-- ID and RSP-- ID bits at the request and the response memory spaces of each entry 101, respectively, allows for the reading and changing of ownership information within the same read/write operations for the respective request/response pair, as will appear. Referring now to FIG. 5, there is illustrated a flow diagram for the reading and changing of ownership information by the processors 90A, 90B and the address recognition engine 96A during their respective read and write operations in a request/response transfer for validation and verification of validation of the request and response data stored in a respective entry 101 of a ring 100. At initialization of the system, the OWN-- ID bit 104 is negated and each of the REQ-- ID bit 105 and RSP-- ID bit 107 is asserted. In FIG. 5, the asserted state for each bit is indicated by a logical 1 and the negated state is indicated by a logical 0. When a processor 90A, 90B sends a request over the bus 15 to the request/response RAM 96B, the processor 90A, 90B will address the request to longwords 0-7 of the entry 101 currently pointed to by the first pointer and include a first byte in the request that asserts the OWN-- ID bit 104 and negates the REQ-- ID bit 105. The location of the first pointer relative to the second pointer will verify that the entry 101 is available. When the address is stable on the bus 15, the address recognition engine 96A will recognize a request/response RAM address and pass the request directly to the request/response RAM 96B over the coupling 24 between the request/response RAM 96B and the address recognition engine 96A, as illustrated in FIG. 3. The request will be written into the location of longwords 0-7 of the addressed entry 101 in the request/response RAM 96B, including the first byte that asserts the OWN-- ID bit 104 and negates the REQ-- ID bit 105 (see 108, 109). At this time, the address recognition engine 96A owns the entry 101 (indicated by the asserted OWN-- ID bit 104) and the response currently in the entry 101 is invalid (indicated by the mismatch between the now negated REQ-- ID bit 105 and the asserted RSP-- ID bit 107). The processor 90A, 90B will follow the convention of asserting the OWN-- ID bit and negating the REQ-- ID bit during the first and every alternate traversal of the respective ring 100 when writing requests to the request/response RAM 96B. During the polling operation, the address recognition engine 96A will eventually read the request in the entry 101. The asserted OWN-- ID bit 104 tells the address recognition engine 96A that it owns the request (see 109). In order to permit the writing of requests that vary in length, each of the OWN-- ID bit 104 and REQ-- ID bit 105 is written into the first byte of the first longword 102 of the entry 101 so that a fixed convention for a validity indication can be followed despite the variable length of the request. The processor 90A, 90B will, therefore, write the ownership information at the beginning of a write operation and then continue to write the request. The address recognition engine 96A must be able to determine that the OWN-- ID bit 104 in the first longword 102 is associated with a request that has been completely written into the respective entry 101 (i.e., the processor 90A, 90B has completed its write operation to the request/response RAM 96B). Referring now to FIG. 6, there is illustrated a flow diagram for a portion of the hardware operation of the address recognition engine 96A utilized to make certain that the write operation for a request associated with an asserted OWN-- ID bit 104 has been completed. The address recognition engine 96A is arranged to assert an REQ-- WIP signal whenever a write to the request/response RAM 96B through the bus 15 is in progress. In step 200 of the operation of the address recognition engine 96A, the address recognition engine 96A initially assumes that the bus 15 is idle. In step 201, the address recognition engine 96A monitors the bus 15 to determine whether the AS* signal of the Futurebus asynchronous bus protocol is asserted on the bus 15, the processor 90A, 90B has asserted a command for a write operation and the address placed on the bus 15 during the connection phase is for the request/response RAM 96B. If this determination is negative, the operation of the address recognition engine 96A loops back to step 200. However, if this determination is positive, the address recognition engine 96A asserts the REQ-- WIP signal in step 202. The address recognition engine 96A will continue to monitor the bus 15 until the AS* signal is negated (step 203). Prior to the negation of the AS* signal, the address recognition engine 96A loops back to step 202 and continues to assert the REQ-- WIP signal. Upon the negation of the AS* signal by the processor 90A, 90B, to indicate the disconnection phase of the respective bus transaction, the address recognition engine 96A loops back to step 200 and negates the REQ-- WIP signal. Thus, the operation of the address recognition engine 96A, as illustrated in FIG. 6, provides a positive indication (the REQ-- WIP signal) whenever a write operation to the request/response RAM 96B is in progress. Referring now to FIG. 7, there is illustrated a flow diagram for the operation of the address recognition engine 96A during the reading of a request. In step 300, the address recognition engine 96A reads longword 0 of the entry 101 including the OWN-- ID bit 104. In step 301, the address recognition engine 96A determines whether the OWN-- ID bit 104 is asserted. If it is not asserted, the address recognition engine 96A continues the polling process to a next ring 100 (step 302). However, if the OWN-- ID bit 104 is set, as in the example illustrated at 109 of FIG. 5, the address recognition engine 96A determines whether the REQ-- WIP signal is also asserted to indicate that a write of a request to the request/response RAM 96B is in progress (step 303). If the REQ-- WIP signal is not asserted, the address recognition engine 96A continues to process the request and then moves on to a next ring 100, according to the polling scheme (steps 304, 305). Referring back to FIG. 5, the address recognition engine 96A will relinquish ownership of the entry 101 upon reading a valid request by writing a negated OWN-- ID bit 104 to the first byte of longword 0, 112, 113. After the address recognition engine 96A services a request, it writes the corresponding response into longwords 8-15 of the entry 101 as indicated at 110. The first byte of the response, in longword 8, includes an RSP-- ID bit 107 that matches the RSP-- ID bit 107 written by the processor 90A, 90B when it wrote the request to longwords 0-7 of the entry 101, as described above. In this instance, the RSP-- ID bit 107 is negated as shown at 111. The address recognition engine 96A must therefore access the request/response RAM 96B three times during the servicing of each request, once to read the request, once to negate the OWN-- ID bit 104 and once to write the response, including the RSP-- ID bit. However, due to the point-to-point coupling 24 between the address recognition engine 96A and the request/response RAM 96B, there is no overhead on the bus 15. The processor 90A, 90B accesses the entry 101 during a subsequent bus transaction when the second pointer points to the entry 101. At that time, the processor accesses and reads longwords 8-15 of the entry 101 for the response and the RSP-- ID bit 107. The processor 90A, 90B will know that the response is valid when the RSP-- ID bit 107 written by the address recognition engine 96A matches the REQ-- ID bit written by the processor 90A, 90B when it wrote the request. As shown at 109 and 111, the processor 90A, 90B negated the REQ-- ID bit 105 when writing the request and the address recognition engine 96A negated the RSP-- ID bit 107 when writing the response. If the REQ-- ID bit does not match the RSP-- ID bit, the response is not valid (i.e. the address recognition engine 96A has not yet serviced the request) and the processor 90A, 90B must read the response again at a later time. In this manner, the processor 90A, 90B is able to complete the request/response transfer in two bus transactions over the bus 15. During the write operation for the request, the processor 90A, 90B need only access the request longwords 0-7 of the entry to write the ownership information in the OWN-- ID bit 104 and the REQ-- ID bit 105. During the read operation for the response, the processor 90A, 90B need only access the response longwords 8-15 of the entry to determine the validity of the response through a match between the REQ-- ID bit 105 that it wrote during the write request operation and the matching RSP-- ID bit 107 that the processor 90A, 90B reads during the second bus transaction. As is the case with requests, each response can be of variable length. Thus, the RSP-- ID bit 107 is also written into the first byte of the first longword 102 so that a fixed convention for a validity indication can be followed despite the variable length of the response. The address recognition engine 96A operates to hold any read for a response if it is currently writing the response to the address indicated in the read. This will insure that RSP-- ID bit 107 in the first longword 102 of the response is associated with a response that has been completely written by the address recognition engine 96A. For a second and every alternate traversal of the ring 100 by the processor 90A, 90B, the first byte 103 written by the processor 90A, 90B (114) asserts each of the OWN-- ID bit 104 and the REQ-- ID bit 105, as shown at 115. The REQ-- ID bit 105 is asserted in the second and each alternate traversal of the ring 100 to again cause a mismatch between the REQ-- ID bit 105 and the RSP-- ID bit 107 since the address recognition engine 96A negates the RSP-- ID bit 107 during the response write operation of the first and each alternate traversal of the ring 100. The write response, relinquish ownership and read response operations 116, 117 for the second and each alternate traversal is similar to the operations for the first and each alternate traversal of the ring 100, except that the address recognition engine 96A now asserts the RSP-- ID bit 107 when writing a response, to provide a match with the asserted REQ-- ID bit 105, as shown at 118. Referring again to FIG. 7, if, during a request read operation by the address recognition engine 96A, the REQ-- WIP signal is asserted 303, the address recognition engine 96A compares the address of longword 0 of the entry being accessed for a request read operation with the address of the entry on the bus 15 for which a request write operation is in progress (305). If there is a mismatch, the address recognition engine 96A proceeds to process the request (304). However, if there is a match, the address recognition engine 96A waits for the write operation to complete, i.e. a negation of the REQ-- WIP signal (306). Thereafter, the address recognition engine 96A proceeds to process the request (304). An example of a request 403 is shown in FIG. 8. The request 403 comprises an N bit network address 403A, for example, a 16 bit address, and a database specifier index field 403B. The format for each request 403 and the structure for the entries 101 of the request/response RAM 96B permit a programmable request/response setup. For example, referring to FIG. 8A, there is illustrated an encoded stream of N requests that are concatenated and written into the request portion of a single entry 101. The handshake byte comprises the OWN-- ID 104 and REQ-- ID 105 bits of the request/response interlock described above. A series of N requests are then written with the OWN-- ID and REQ-- ID information to an entry 101 of the request/response RAM 96B with a "terminator" request ending the byte stream of the concatenated byte stream. Moreover, each request can be one of several types formatted as either a type-value or type-length-value encoded byte stream, as will be described. The request/response entry example of FIG. 4 represents a type-value encoded stream with a total fixed length of 16 longwords for the request and response. The example of FIG. 4 is a parser type request that is used in a regular look-up operation of the address recognition engine 96A. FIG. 8B illustrates an example of the database specifier index field 403B formatted to indicate both a database specifier index and a request type. A first five bit value, for example, is used to identify a particular database specifier for control of the look-up operation, as will appear. A second set of two bits is used to identify a request type. In addition to the parser type request, there can be, for example, an interrogative type request and a maintenance type request. The interrogative type request is used to return, in a response, information on the look-up operation of the address recognition engine, for example, when a match for a network address is not found in the look-up. FIG. 8C illustrates the structure for the request/response entry 101 when formatted for an interrogative type request and the table of FIG. 8D shows the information contained in a response to an interrogative request. The TRA and TER designations in the table of FIG. 8D refer to transition and termination nodes of the look-up database, as will be described below in the detailed description of the database 94. The response information indicates details of the traversal of the database 94 and where the search ended. The maintenance type request can be either a read or write operation and enables a direct memory access operation (DMA) to the database 94. This type of request can be used to read or write blocks of the database 94 to maintain the information of the database. FIG. 8E illustrates the structure for the request/response entry 101 when formatted for a maintenance type request. FIG. 8F is a table showing control parameters for a DMA operation using the request/response interlock and FIG. 8G is a summary of a request/response entry 101 in a maintenance DMA operation. Thus, preselected blocks of the database are readily accessible to review information stored in the database 94 (read DMA) or to write new or updated information directly into the database (write DMA). As illustrated in FIGS. 8C and 8E, the request/response entry 101 is expanded to a 128 longword space to accomodate longer interrogative and DMA responses. The request type field of the database specifier index 403B provides increased flexibility in the operation of the address recognition engine 94A for maintaining and monitoring the database 94. Referring now to FIG. 9, there is illustrated a memory map for the look-up database 94 of the address recognition engine 96A. As described above, the address recognition engine 96A uses a network address that is stored in the request portion of an entry in the request/response RAM 96B as an index to the database 94 to locate an entry in the database 94. The entry in the database 94 contains the network information relating to the network address that is returned by the address recognition engine 96A to the request/response RAM 96B as a response. The processor 90A, 90B in the line card 74A, 74B utilizes the response to process the network information for transmission of the data packet to its intended destination. The database 94 is divided into a primary database 401 and a secondary database 402. The primary database 401 comprises a multiway tree data structure (TRIE), as will be described below, wherein the network address is used to locate a pointer to an entry in the secondary database 402. The entry in the secondary database 402 includes the network information for the response. As described above the address recognition engine 96A maintains the table 94A as a look-up table for database specifiers used in the control of a look-up operation in the look-up database 94, as will be described below. The index field 403B in the request input to the address recognition engine 96A provides an index to the table 94A to locate a look-up database specifier that is to be used in a current response look-up. Each processor 90A, 90B, at the time of extracting a network address from a data packet for a request, also utilizes the protocol type information in the header of the data packet to select an identifier for a database specifier from the table 93A, 93B. The processor 90A, 90B places the identifier for the database specifier in the index field 403B of the respective request 403. The address recognition engine 96A reads the address 403A from the request and processes the address 403A in groups of four bits. Each group of four bits is referred to as a digit 404. The primary database 401 comprises a plurality of nodes 405 linked to one another by node pointers 407 with each node 405 being associated with a particular value for a digit or sequence of digits of a network address. Generally, each node 405 comprises 16 node pointer entries 406, one for each unique bit combination value of a four bit digit 404 that follows in sequence the digit or sequence of digits associated with the respective node 405 (24 equals 16, 0000 to 1111), as shown in FIG. 10. The address recognition engine 96A will first access the primary database 401 using a root pointer address 408 that points to the root node 405A of the primary database 401. The root pointer address is identified in the database specifier being used by the address recognition engine 96A, as will appear. The root node 405A includes 16 node pointers 407, each including, for example, the address of one of the nodes associated with digits having the four highest order network address bits equal to 0000 to 1111, respectively. The address recognition engine 96A will utilize the node pointer 407 associated with the value of the bits of the first digit 404 that matches the value of the first digit of the network address being processed, for example bits of the first digit equal to 0000, to access the next node. In the example of FIG. 10, the node 405 associated with the digit 404 including bits 0-3 equal to 0000 has 16 node pointers 407, including a node pointer 407 that is an address to a further node 405 associated with one of the values of the combination of bits for the next digit 404 of the network address, wherein the bits of the next digit equal 0000 and so on. The primary database 401 is constructed in this manner so that each possible value for a digit 404 (e.g. the digit comprising bits 0-3) is linked to every possible digit value in the sequence of digits 404 that can comprise a network address (e.g. the digits comprising bits 4-7, 8-11 and 12-15) through the 16 node pointers 407 in each node 405. The address recognition engine 96A will traverse the primary database 401 from node to node via the node pointers 407 for the digit values that match the corresponding digit values of the network address being processed until all of the digits have been matched. Each node 405 that points to a next node 405 in the sequence of digits of the network address is called a transition node (i.e. a node that points to another node). The nodes associated with the digits comprising the lowest four order bits of a network address are called termination nodes 405B since a match with the bits of the last digit completes the match process for the 16 bit network address of this example. Each termination node 405B comprises 16 look-up match pointers 409, one for each of the 16 possible values for the digit 404 comprising bits 12-15. Each look-up match pointer 409 comprises an address to an entry in the secondary database 402. In view of the sparsely populated address spaces frequently encountered in networks, the nodes 405 are provided with prefix strings 410 to reduce the amount of memory space required for the primary database 401 and to decrease the search time. A sparsely populated space means that only a relatively few of the total number of bit values that can be represented by an n bit network address actually form an address for a component in the network. A prefix string is a string of digits that is common to many addresses. As should be understood, there may be a large number of common digits in a sparsely populated address space. For example, a 16 bit network address can uniquely identify over 65,000 network components. However, the network utilizing the 16 bit address may only have 16 components, each of which can be uniquely identified by one of the 16 possible values of the lowest order digit of the address. This is an example of a sparsely populated address space and the values of the three higher order digits for all of the 16 components may be the same. Thus, in this example, a prefix string can comprise a string of the three higher order digits used for a comparison to the three higher order digits of a network address being processed in a single node 405. The use of prefix strings will minimize the total memory space required to implement the primary database 401 since fewer total nodes 405 will be required to search a particular network address. The address recognition engine 96A will compare three digits of an address in the node 405 associated with the prefix string. An OSI network protocol address is 20 bytes long for a total of 40 digits. Certain high order digits, for example the 16 highest order digits of many addresses in the network, may be the same for many components in a particular OSI network and these digit values can be stored as prefix strings in associated nodes of the primary database for a single node comparison by the address recognition engine 96A. FIG. 11 illustrates an exemplary data structure that can be used as a prefix string 410 in a node 405. The prefix string 410 is divided into four words 411. The first three words 411 each comprise five digits 404 and three control bits designated as DIG-- STR-- CNT 412 in bits 0-of the word. The control bits indicate which digits of the word are valid for comparison purposes, as will appear. The fourth word comprises two digits and an intermediate match pointer 413. DIG-- STR-- CNT bits 412 equal 111: all five digits are valid and the first two digits of the next word are valid and the first two digits of the next word are the last digits of the string. The DIG-- STR-- CNT bits 412 are set and the digits of a string are loaded into the prefix string structure 410 of a node 405 to form a string of digits that the address recognition engine 96A can compare with the corresponding digits of the network address being processed. The digit in the address after the string is used as an index into node pointers for continuation of the traversal of the primary database 401. For maximum flexibility, each node 405 of the primary database 401 is provided with a prefix string data structure 410 which is either used or not used depending on the address scheme used in a network. The intermediate match pointer 413 is used to locate an entry in the secondary database 402 for a best match location when an exact match cannot be found, as will be described below. Each node pointer 407 includes a next node address and control fields to control the traversal of the primary database 401 by the address recognition engine 96A. An example of a node pointer 407 is shown in FIG. 12. An IDI-- CNT field 414 comprises five bits, a LOAD-- IDI field 415 comprises one bit, a SAVE-- RESULT field 416 comprises one bit, a NEXT-- NODE field 417 comprises 15 bits and a PTR-- CTRL field 418 comprises two bits. The NEXT-- NODE field 417 contains the address for the next node 405 in the digit match traversal of the primary database 401. The SAVE-- RESULT field 416 is used in best match routing. In certain routing protocols, it is necessary to find the best match for a network address when an exact match cannot be found via the nodes 405 of the primary database 401. The SAVE-- RESULT bit 416 is set in a node pointer 407 when a best match for an address is valid at the digit 404 of the address associated with the node 405 pointed to by the node pointer 407. When the SAVE-- RESULT bit 416 is set, the address recognition engine 96A saves the value of the NEXT-- NODE field 417 in an internal register. The stored NEXT-- NODE value is an address to a next node 405 whose intermediate match pointer 413 is used as a pointer to the secondary database 402 should a best match be necessary (i.e. upon continuation of the traversal of the primary database 401, when no exact match is found for the address being processed, the address recognition engine 96A uses the stored NEXT-- NODE value to access the intermediate match pointer for access to the secondary database 402). In addition, certain network addresses are divided into segments according to, e.g., the IS--IS routing protocol. The International Organization for Standardization (ISO), for example, defines a hierarchial address structure comprising an initial domain part (IDP) and a domain specific part (DSP). The transition from the IDP portion to the DSP portion of an ISO formatted address does not follow the tree structure of the primary database 401. Accordingly, the IDI-- CNT field 414 and the LOAD-- IDI field 415 are used to redirect a traversal of the primary database 401 at the digit of an ISO address where the IDP portion ends. When the bit of the LOAD-- IDI field 415 is set in a node 405, the IDI-- CNT field 414 will contain the number of digits from the current digit to the digit at the end of the IDP portion of the address. The address recognition engine 96A will store the value in the IDI-- CNT field 414 (IDI count) and decrement the IDI count value for each subsequent node 405 until the value equals zero. At the node where the IDI count equals zero, the address recognition engine 96A will move to a next node 405 using an address stored in a DSP pointer 407A provided at the node 405 (see FIG. 10). The DSP pointer 407A points to a node that continues the traversal for an ISO address. When the bit of the LOAD-- IDI field 415 is not set, and a preselected one of the bits in the IDI-- CNT field 414 is set, this will be interpreted as an Area Match (AM) bit set. Certain protocols, e.g. the DECnet/OSI and DECnet/Phase IV protocols, define an area address. When the AM bit is set on a node 405, this indicates that the end of an area address is valid at this digit. The continuation of the traversal of the primary database 401 after encountering a node 408 having a set AM bit will be described below. PTR-- CTRL bits equal 11: the pointer indicates a look-up-fail, the pointer indicates that the intermediate match pointer saved from the node where the SAVE-- RESULT bit was set should now be used to access the secondary database, the NEXT-- NODE field 417 is ignored. When a termination node 405B is reached, the address recognition engine 96A will access the secondary database 402 with the appropriate look-up match pointer 409. The address recognition engine 96A will retrieve information from a corresponding secondary database entry according to control bits of the look-up database specifier indicated by the look-up type field 403B of the respective request, as will appear. If the PTR-- CTRL bits of the node pointer 405 to the termination node 405B indicate that the termination node contains a string, then the address recognition engine 96A must compare the remaining digits of an address being processed with the string. If a match occurs, the corresponding look-up match pointer 409 of the termination node 405 is used to access the secondary database 402. If there is no match or if there are less digits remaining in the address than in the string, then the intermediate match pointer saved from the node 405 where the SAVE-- RESULT bit was set is used to access the secondary database 402. Referring now to FIG. 13, there is illustrated an exemplary format for a secondary database entry 500. There are three types of secondary database entries 500: a common block 501, a path split block 502 and an adjacency block 503. Each common block 501 is linked to a path split block 502. There are an equal number of common, path split and adjacency blocks 501, 502, 503 in the secondary database 402. There is no direct relationship between each linked common block/path split block and the adjacency blocks. Each of the common and adjacency blocks 501, 502 contains information to be returned by the address recognition engine 96A as a response to the request/response RAM 96B. Each common block 501 is eight words long. The first three words 501A are used to maintain ageing and learning information required when the destination of a data packet is reached using a bridge, as will be described below. The remaining five words 501B are uncommitted and are used to store any information that may be required for return in a response, as for example routing information for OSI or DECnet network protocols, etc. Each of the look-up match 409 and intermediate look-up 413 pointers of the primary database 401 index a corresponding common block 501. Each path split block 502 is linked to a respective common block 501 and comprises a group of four pointers used to select an adjacency block 503 for use in a current response. Each adjacency block 503 is four words long. The words of each adjacency block 503 also contain information that may be required in a response. Successive look-up's to the same common block 501 of the secondary database 402 may each return information from a different adjacency block 503 depending upon the path splitting operation. NUM-- PATHS bits equal 11: one of four different adjacency blocks is accessed through the path split block 502, as indicated by one of ADJ-- PTR-- 0 to ADJ-- PTR-- 3. LAST-- PATH bits equal 11: utilize ADJ-- PTR-- 3 for the current response. Each time the address recognition engine 96A enters a path split block 502, it increments the LAST-- PATH field 505. If the value of the bits in the LAST-- PATH field 505 exceeds the value of the bits in the NUM-- PATHS field 504 of the path split block 502, then the LAST-- PATH field 505 is set to zero. Thus, the value of the bits in the LAST-- PATH field 505 cycles from 0 to the value of the bits in the NUM-- PATHS field 504 of the path split block 502. The path splitting operation provided by the path splitting block 502 provides automatic control of routing information changes that may be desired in a particular routing protocol on successive transmissions of data packets to a particular network address. The NUM-- PATHS and LAST-- PATH fields 504, 505 can be utilized to set a number of different adjacency blocks to be accessed on successive reads of a particular common block 501 and to control which adjacency block is read during a current common block read. Referring now to FIG. 14, there is shown an exemplary format for a look-up database specifier 600. As discussed above, the address recognition engine 96A maintains a table 94A of look-up database specifiers 600, e.g. 24 look-up database specifiers 600. In processing a specific request, the address recognition engine 96A proceeds to traverse the primary database 401 and retrieve information from the secondary database 402 according to control bits set in a particular look-up database specifier 600 indicated by the processor 90A, 90B in the look-up type field 403B of the request 403 (see FIG. 8). As described above, the processor 90A, 90B analyzes the protocol type information contained in the header of a data packet and uses that information to select an appropriate identifier for a corresponding database specifier from its table 93A, 93B. The processor 90A, 90B then writes the selected identifier into the index field 403B of a request 403. This scheme provides an interlock between the processor 90A, 90B and the address recognition engine 96A that affords maximum flexibility in the structure of the database 94. For example, the multiple root node arrangement for the primary database 401 permits maximum flexibility to accommodate the various address lengths and formats of different network protocols. The appropriate root node index for each protocol can be specified in a corresponding database specifier. The processor 90A, 90B can readily correlate the protocol type information transmitted in each header through the cross reference table 93A, 93B. Moreover, different protocols require different address formats and other items, such as protocol class, that may be stored in the common block 501 and related adjacency blocks 503 of the secondary database entry 500 pointed to in the processing of a particular request. The look-up database specifiers provide a mechanism for controlling what information is returned in a response. Each look-up database specifier 600 comprises six fields: an argument length field (ARG-- LENGTH) 601 comprising 6 bits, a root database TRIE field (ROOT-- TRIE) 602 comprising five bits, an area match count field (AM-- CNT) 603 comprising six bits, an area match root database TRIE field 604 (AM-- TRIE) comprising five bits, a look-up control bits field 605 including a preselected number of look-up control bits, and a secondary database mask (SDB-- MASK) 606 comprising 31 bits. The argument length field 601 indicates the number of digits in the address portion 403A of a particular request 403 (see FIG. 8). As discussed above, the network addresses written as requests into the request/response RAM 96B can be fixed length or vary in length, depending upon the network protocol associated with each particular address. The root database TRIE field 602 specifies which root transition node is to be used in the primary database 401. The primary database 401 can be implemented with a plurality of roots, each used to commence a search for a secondary database look-up match pointer 409. Thus, the number set in the ROOT-- TRIE field 602 is used by the address recognition engine 96A to determine at which root the search should begin. The area match count field 603 indicates the number of remaining digits beyond the digit indicated by a set AM bit to complete an area, as described above, for an area transition within the primary database 401. The area match root TRIE field 604 indicates the root node 405 of the primary database 401 to be used for the remaining area-match-count digits of the address. If the AM bit is set in a node pointer 407 and the number of digits remaining in an address being processed equals the value in the area match count field 603 of the look-up database specifier 600 indicated in the request 403, then a transition is made to the root node specified by the area match root TRIE field 604 of that look-up database specifier 600. The next digit of the address being processed is used for matching in the specified root node. If the number of remaining digits is not equal to the area match count value or if the AM bit is not set in a node pointer 407, then the next digit is looked up in the node pointed to by NEXT-- NODE field 417 of the node pointer 407. The look-up control bits field 605 can include various bits used to control the operation of the address recognition engine 96A during a look-up operation. For example, a look-up disable bit can be provided to disable a look-up type specified by the associated look-up database specifier 600. When set, an error is returned if the associated look-up database specifier 600 is indicated in the look-up type field 403B of a request. The address recognition engine of the present invention is adapted to support both routing and bridging protocols. As described above, each common block 501 includes three words 501A reserved for ageing and learning information necessary for the implementation of a bridging protocol. A port learning and ageing bit is included in the look-up control bits field 605 to indicate to the address recognition engine 96A that a particular network destination address requires a bridging operation to transfer the respective data packet. When the port learning and ageing bit is set in a look-up database specifier 600, the following learning and ageing functions are performed by the address recognition engine 96A. The address recognition engine 96A reads the first word 501A of the common block 501 for an update mask 508 comprising 16 bits. Each bit of the update mask 508 corresponds to, e.g., one of the ports in the line card 74A, 74B that can be a source port in a bridge. For each port whose corresponding bit is set in the mask 508, a learning operation is performed. The processor 90A, 90B will include a bit number in each request to specify a particular bit in the mask 508 relating to a bridging address. The address recognition engine 96A will determine if the bit for the port number specified by the processor 90A, 90B in the request is set in the mask 508. If the specified bit is not set, learning is not performed by the address recognition engine 96A for that port. However, a timer override bit 508 is provided in the first word 501A. When each of the timer override and port learning and ageing bits are set, the address recognition engine 96A will perform the ageing function in respect of the common block 501. Upon entry to the common block 501 for a bridging address, the address recognition engine 96A clears a bridging access timer 510 in the second word 501A to zero and sets a timer alive bit 511, also in the second word 501A. The timer field comprises 20 bits. As a background operation, the address recognition engine 96A polls each common block 501 having a set timer alive bit 511, e.g. once each second, and increments the value in the timer field 510. The address recognition engine 96A maintains an ageing time-out value which is compared to the incremented value in the timer field 510. If the incremented value in the timer field 510 is larger than the ageing time-out value, then the timer alive bit 511 is cleared to indicate that the bridging information in the corresponding common block 501 has aged out, as understood by the bridging protocol. The second word 501A also includes a timer disable bit 12. When the timer disable bit 512 is set, the timer field 510 is not incremented. The timer disable bit 512 is set in any common block 501 for which ageing is not to be performed. If both the timer disable bit 512 and timer alive bit 511 are set, this maintains the common block 501 as "permanently alive". The third word 501A of the common block 501 includes a port number field 513 and a last seen field 514 used for source port learning. When the port learning and ageing bit is set and the learning operation is being performed (as indicated by the appropriate bit in the update mask 508), the address recognition engine 96A will write the source port number for a data packet into the port number field 513. The source port number is also written into the last seen field 514, whether or not the learning operation is being performed. The look-up control bits field 605 can also include an enable adjacency set-on-access bit to indicate to the address recognition engine 96A that a set-on-access (A-- SOA) bit 515 (provided in each adjacency block 503, see FIG. 13) be set when the address recognition engine 96A reads an adjacency block 503. The set-on-access bit 515 supports the address resolution protocol cache requirements of the IP network protocol. The cache requirements of the IP protocol can be implemented in the processor 90A, 90B of the line card 74A, 74B. A set A-- SOA bit 515 indicates to the processor 90A, 90B that the respective adjacency block 503 has been used in a routing operation. The secondary database mask (SDB-- MASK) 606 of each look-up database specifier 600 is used to select which bytes of data stored in the five longwords 501B of a common block 501 and the four longwords of a related adjacency block 503 are to be returned to the processor 90A, 90B in a particular response. The first 19 bits of the mask 606 determine which bytes of the common block 501 are returned. Each byte of the common blocks 501 corresponds to one of the 19 bits. If the corresponding bit of the mask 606 is set, the byte is returned in the response. Similarly, the next 12 bits are used to determine which bytes of the adjacency block 503 are returned in the response, as a function of which of the 12 bits are set. If all of the adjacency bits of the mask 606 are zero and the enable adjacency set-on-access bit of the look-up control bits field 605 is not set, then the path split adjacency block pointers 506 are not used and the LAST-- PATH field 505 is not incremented. The various control bits of the prefix string data structures 410, the node pointers 407, the path split blocks 502 and the look-up database specifiers 600 provide maximum flexibility in the control of the traversal of the primary database 401 and the retrieval of routing or bridging information from the secondary database 402. The control bit arrangement of the address recognition engine 96A builds in device compatibility to accommodate the varying requirements of dissimilar routing and bridging protocols in a single memory structure that can provide a centralized resource to several components performing bridging or routing operations in a computer network. the address recognition engine operating to use the network address contained in the request and the network address look-up control information supplied by the table of database specifiers as a look-up index to the lookup database for access to and retrieval of a corresponding one of the entries. 2. The address recognition apparatus of claim 1, wherein the entries in the network address information look-up database are arranged in a multiway tree node structure. the processor generating requests for network information relating to the data transmissions received at the line card, each request containing a network address obtained from a respective data communication and the identifier corresponding to the protocol type for the respective data transmission, the identifier being obtained from the table of identifiers. 4. The line card of claim 3, wherein each identifier corresponds to a protocol type. the address recognition engine operating to affect the transmission of the response to the line card via the backplane bus for use by the line card. 6. The computer system of claim 5 wherein the network information lookup database comprises a primary database and a secondary database, the plurality of network information entries being arranged in the secondary database, the primary database comprising a plurality of linked nodes for matching to preselected portions of a network address contained in a request so that a network address input to the primary database traverses the linked nodes according to matches among linked nodes to locate a secondary database pointer to one of the entries of the secondary database, the address recognition engine using each network address as an input to the primary database and using the located secondary database pointer to access and retrieve the corresponding one of the network information entries from the secondary database under the control of the control information contained in the selected database specifier. 7. The computer system of claim 6, wherein the line card receives and transmits data transmissions, each data transmission including a plurality of data packets, each one of the data packets including network address information and protocol type information, the network address information including an n-bit field of the respective one of the data packets, each network address of a request comprising one of the n-bit fields containing network address information; and wherein the address recognition engine segments each n-bit request into a plurality of m-bit digits for traversal through the primary database, each m-bit digit having one of 2m distinct values, wherein m and n are integers and m is less than n. 8. The computer system of claim 5 wherein the control information of each one of the database specifiers includes an information mask to indicate to the address recognition engine preselected portions of the network information contained in the respective one of the entries, for use in the response. 9. The computer system of claim 5 wherein each one of the entries comprises a bridging information field; and wherein the control information of each one of the database specifiers includes a port learning and ageing field, the port learning and ageing field being in one of a set state and a clear state, and wherein the address recognition engine is controlled to perform a bridging operation to read and write bridging information from and to the bridging information field when the port learning and ageing field of a selected database specifier is in the set state. 10. The computer system of claim 5 further comprising a request/response memory coupled to the address recognition engine for storage of requests from the line card and corresponding responses from the lookup database. 11. The computer system of claim 10 wherein the request/response memory comprises a plurality of entries, each of the entries including a request storage memory space for storing a request and a response storage memory space for storing a corresponding response. 12. The computer system of claim 11, wherein the request storage memory space of each one of the entries includes a first preselected space for storage of ownership information and the response storage memory space of each one of the entries includes a second preselected space for storage of ownership information; the ownership information of the first preselected space indicating whether a request stored in the respective request storage memory space is valid for use by the address recognition engine and the ownership information of the second preselected space indicating whether a response stored in the respective response memory space is valid for use by the line card. 13. The computer system of claim 10 wherein the request/response memory comprises a RAM. wherein the plurality of linked nodes includes at least one set of transition nodes and a set of termination nodes linked to each one of the at least one set of transition nodes, each of the at least one set of transition nodes being linked to a root node and each of the at least one root node and each node of the at least one set of transition nodes includes 2m node pointers for linking to subsequent nodes, each one of the node pointers of one of the root and transition nodes corresponds to one of the 2m distinct values and points to a subsequent one of one of the at least one set of transition nodes and the linked set of termination nodes, each one of the termination nodes includes 2m secondary database pointers, each one of the secondary database pointers of one of the termination nodes corresponds to one of the 2m distinct values and points to one of the network information entries of the secondary database, the digits of each request being matched, one at a time, in a preselected sequence of digits, to a corresponding sequence of linked node pointers of a root node and subsequent transition nodes to traverse the primary database to one of the termination nodes. 15. The computer system of claim 14 wherein the control information of each one of the database specifiers includes root node information to indicate to the address recognition engine which root node to commence a traversal of the primary database. 16. The computer system of claim 14 wherein the control information of each one of the database specifiers includes an area match information field, the area match information field representing a set state and a clear state, the set state indicating to the address recognition engine that the traversal of the primary database is to be redirected at a preselected one of the digits of a network address and the clear state indicating to the address recognition engine that the traversal of the primary database is to continue without redirection. 17. The computer system of claim 16, wherein the control information of each one of the database specifiers includes an area match count field and an area match root field, each area match count field indicates to the address recognition engine the preselected one of the digits of a request at which a redirection of traversal of the primary database is to occur when area match information at any one digit of the network address is in the set state and each area match root field indicates to the address recognition engine a preselected node of the primary database where the traversal of the primary database is to continue for remaining subsequent digits of the request. wherein the line card operates to transmit each request by writing each request in the request storage memory space of a preselected one of the entries and simultaneously writing ownership information in the respective first preselected space to indicate that the corresponding request is valid. 19. The computer system of claim 18 wherein the address recognition engine polls and reads each request storage memory space and uses each valid request to access the network information lookup database for a corresponding response, the address recognition engine writing ownership information in the respective first preselected space upon reading a request, to indicate that the corresponding request is now not valid, and storing each response in the response storage memory space of the preselected one of the entries storing the respective request and writing ownership information in the respective second preselected space to indicate that the corresponding response is valid. the REQ-- ID information representing one of a set state and a clear state, the state of the REQ-- ID information being used by the address recognition engine to determine ownership information for writing in the second preselected space. 21. The computer system of claim 20, wherein the line card writes ownership information in a respective first preselected space by setting the OWN-- ID information and writing REQ-- ID information in a state that is opposite to the state of the REQ-- ID information prior to the writing of ownership information by the line card. 22. The computer system of claim 21, wherein each second preselected space stores ownership information comprising RSP-- ID information; the RSP-- ID information representing one of a set state and a clear state, the state of the RSP-- ID information written by the address recognition engine upon storing a response, being a state that matches the state of the REQ-- ID information when the address recognition engine polls and reads the respective valid request. 23. The computer system of claim 22 wherein the line card reads the response memory storage space of each one of the preselected entries containing a request written by the line card, the response being valid for use by the line card when the state of the RSP-- ID information in the second preselected space of the respective response memory space matches the state of the REQ-- ID information written by the line card upon writing the corresponding request. FR2707775B1 (en) * 1993-07-12 1996-04-12 Duret Chrsitian Method and information analysis device contained in data structures. "Cascading Content-Addressable Memories", by Moors T. et al. IEEE Micro, pp. 56-66, vol. 12, Issue 3, Jun. 1992. "Fragmentary String Matching by selective access to hybrid tries" by Dengel, A. et al, IEEE Computer Soc. press, Aug. 1992. "Term Indexing for retrieval by Unification", Haruo Yokota et al. IEEE Computer Soc. press, pp. 313-320, Feb. 1989. "Trie Hashing with Controlled Load", by Witold A. et al, IEEE transaction Software engineering vol. 17, No. 7; Jul. 1991. A. V. Aho, et al, "Data Structures and Algorithms"; Addison-Wesley, Reading, US, Chapter 5, Paragraph 5,3, Figure 5.9. P. V. Mockapetris, "Development of the Domain Name Server"; Computer Communication Review, vol. 18, No. 4, Aug. 1988, New York US, pp. 123-133. T. B. Pei et al, "VLSI Implementation of Routing Tables: tries and Cams"; IEEE Conference on Computer Communications (INFOCOM), vol. 2, 7 Apr. 1991, Bal Harbour, FL, US pp. 512-524, XP223375.

2019-04-20T03:58:54Z

https://patents.google.com/patent/US5524254A/en

Saurabh Mishra is lecturer at IIIT, Allahabad. Currently he is pursuing PhD. of experience in academics specializing in marketing and Business strategy. This papers explores, usage of Marketing ROI (Return on Investment), in online environment pertaining to key business issues in online marketing function. It chronologically evaluates different practices and avenues of marketing ROI, resulting into the evolution of certain key parameters and their respective methodologies of evaluation. The paper concludes with the proposed framework achieved through standardization resulting out of best practices and prevalent policies amongst corporations operating in the online business scenario. The marketing function over a period of time has evolved as a critical business function to achieve organizational objective. It has been viewed as an effective tool of optimizing business and social goal. Where in an organization is able to achieve substantial gains from its operations even under challenging scenarios of competition and dynamic environmental pressures. The marketing function has often been challenged and criticized for wasteful engagement of the resources, with no effective mechanism of assessment and evaluation of efficiency in appropriate acceptable parameters through quantifiable attribution (Marek Solcansky, Iveta Simberova, 2010).The fraternity of marketers often been questioned and rightfully so about effectiveness of their decision made in context to the returns generated from them. As an observation it has often seen and felt that there is a need of effective measurement criteria as far as marketing function and its related efforts are concerned (Tim Amblers and 2John H Roberts 2008; Rust, Lemon and Zeithmal 2004 ;Srivastav et. Al 2006; David W Stewart 2009). This pursuit over time yields out various sets of methods for assessment considering variety of issues composing the marketing function. The demand and supply differential, sales potential realization, average selling cost, sales force efficiency ,marketing objective achievement including others along with customer satisfaction and contribution to profit have been key consideration in the assessment of marketing effectiveness. These sets of issues as mentioned above which broadly cover different arms of the marketing functions are acting as black box and do not provide sufficient and significant rationale and reasoning towards achievement of the said result, as it has been overwhelmingly seen that theses various functional arms are either complimentary or supporting or contributing in to effective performance or achievement of the other. Thus it becomes difficult to marketers to assess that which particular operational formation has contributed the most, rather at the terminal and in the market place where transaction happens which are the marketing function was the winner, like the product design group, the promotion and related function or the sales force and why not credit should go the flawless distribution of the prices in the market place. These challenge of assessment and evaluation of key pointed references and critical impacting issues in success of marketing function triggered of a debate of researchers and practitioners in the area to demystify the key drivers in the marketing success of any organization. The very genesis of this thought potentially triggered of substantial thinking in the recent time towards objective associated of marketing outcome to specific persuasion of the marketing function. Further granulated into four Ps or recent add-ons in form of seven Ps for the services sector (Christian Gronroos, 1990; Evert Gummesson, 1994). The situation technically challenges conventional marketing wisdom and put across a rider towards associated marketing outcome for result each functional component. This in turn would be the basis of prioritization with reference to fund allocation and other similar decisions to be taken in the marketing parlance. It has been observed in recent years that various quantification methodology has been proposed time to time to understand KPIs, residual analysis ,process centric approaches and other methods including automation to make marketing function more relevant, receptive and responsive to changes taking place in the performing environment of the organization. To the similar persuasion ROI based approaches also found significant consideration and importance both with the research and executive community. The basic premise towards MROI approach was to get a drill down methodology and understand that what marketing resources are able to generate through their effort in execution.  Product Design and Development.  Promotion Planning and Execution.  Developing and Maintaining Distribution System. Devising Effective Revenue Generation Method through Adequate Pricing Methodology. The marketing ROI based approach seems to have inherently decomposed the marketing function into various sets of independent processes contributing towards achievement of larger interest (Theodore Mitchell, Howard Olsen, 2010; Eric Almquist, Gordon Wyner, 2001). As it may be understood that as a result of regularization or through drill down approach we can adequately identify the process related activity, their control output, resource consumption patterns and process owners as a matter of fact. So regularization through the drill down approach potentially achieved through ROI mind set, can effectively device means and methods to make marketing function not shy away from issues like interdependency, like complexity of its function systems. Thus it will be able to adequately support effective distribution and allocation of funds to those who have been able to contribute in superior goal achievement through their effective execution procedures. The inclusion of internet into the business ecosystem has altogether changed the performing environment and its dynamics. On the initial edifice of ROI in online perspective is can be well estimated that observing and time line and evolutionary trend and practices may lead us to develop a formal concept matrices regarding ROI and developing understanding and key thrust areas in the function from one phase to another. The scenario through which the marketing function has resorted for online business and related ROI intentions also needs to be evaluated at large. It has been major concern among all the CEO’s and top executive about marketing performance measurement and ability to measure marketing performance. It is found that ability to measure marketing performance effects marketing functions as well performance of the CEOS of the company (Don O Sullivan, ANZMAC, 2009;Rust et al.2004). “Pressure is being placed on marketing to justify their expenditure and translate them into likely financial outcome, which is the language of business firm” (DW Stewart - Journal of Advertising Research, 2009). In 2002 (Accenture's Insight Driven Marketing report, 2001, a study of marketing executives for ROI said that it was biggest challenge in front of marketing executives to find out ROI or how to measure ROI against marketing activities. The study listed the four most prevalent metrics that marketers use: Response Rate (79%), Revenue Growth (78%), Customer Retention (69%), and Profit Generation (69%).The question arises whether these achievements are due to marketing promotional efforts or by other marketing functions. As the sales and service team both claims credit for the same for which marketing could have claim. So it is difficult to find out whether an increased sale is due to the promotional effort or due to the effort of sales team or by customer care team or efforts of channel partners. Customer lifetime value is net present profit generated from the customer against the marketing investment and it captures buying behavior of the customer that can be valuable measurements for the marketing investment. Total number of customer is number of customer retained or added or generated due to marketing activities. This is basically lead generated from the marketing activities or number of customer interacted on that basis we can calculate number of sale generated and customer added. Theses customer interaction could help to compare the outcome with other marketing activities, through which it is an easy to know the impact of these marketing activities. With help of customer life time value and number of customer we can calculate cost per sale and lead generated and converted and can make benchmark for performance improvement. The improved CRM technology & businesses intelligence help marketers to make data more accessible. By using CRM technology marketers may focus more on highest value customer which in case miss opportunity with other customer segment which in case there would be increase average customer life time value but decrease no of customer which would again lead ROI analysis less profitable. In today’s world there is lot of marketing investment is happening and everybody is concerned about the return on that, apart from other investment it critical to measure return on marketing investment.ROI is matter of concern for all the marketers since last decades; Marketing ROI can be defined as amount of profit against amount of resource. Hawthorne (2004) says marketer should either look at MER (Media efficiency rate) or profit margin against investment to know about the MROI.It is evident that most of the marketing ROI has been calculated for short term (Which gives immediate result against investment) like sponsorship, promotions & discounts & not for long term (Which do not yield financial return immediately rather takes months and year). Marketing investment can be either in offline environment or in online environment. As technology has been changing over decades most of the marketers are focusing in online marketing activities like website promotions etc. In 1990 BMW had started its promotion in online business environment assuring that they would expect ROI against these expenses. They developed a tracking system & find out the number of hits on the web site (reported as over 9 million hits in the first few months) but the question arose whether hits means conversion or something else and could not meet the financial gain. (Rob Dub off is CEO of Hawk Partners).William Duffy (2004) Managing director and partner of marketing analytic services, Burlington says that it is easy to calculate MROI by adding all media campaign cost and comparing it with profit margin & revenue earned which is associated with product or services. Bill Murphy (senior vice president of Marketing & Development of Schaumburg) says that MROI can be calculated by counting response rate, purchase made by the respondent and leads converted & lead generated against the investment for the campaign. This can only calculate the profit earned during the campaign. what about the others who were not visited but come to know during walking or roaming and planned to buy in future? Which is exactly due to the campaign? Anne Klein says (MHS fall, 2003) Marketing ROI is best tool to find out best place to invest in marketing. It is difficult to calculate ROI as it is very difficult to track says Anne Klein, MROI start from your campaign and need to track response around the campaign.  Profit Earned Contribution Margin.  Short Term Performance Evaluation.  Long Term Performance Evaluation. Short term effect of marketing activity can be generated with help of promotional campaign like price discount or on spot sale which can be calculated either in case of long term impact of marketing like Branding; Float activity etc.It is not easy to calculate as such campaign as they cannot yield result instantly. The question arises again for the organizations that from which point they should start to calculate ROI for such campaign as organization are not having any bottom line or start point to calculate the ROI. Dorian Selz &Petra Schubert (1998, 1999) discussed about effectiveness of e-commerce web site by taking into account B2C e-commerce business model (Amazon, Barnes and Nobel,e-Bay) and developed criteria for evaluating web site with help of web assessment scale. Web assessment criteria considered specific characteristics of book store web sites. Extension of similar work was done by Dorian Selz and Petra Schubert in 1998 by evaluating strength and weaknesses of the existing web site for further improvement and described four phases of e-commerce web site from customer’s point of view which is information phase, Agreement phase, Settlement phase and Community development component.Olsina et al.(1999) Proposes web site quality evaluation method by using hierarchical system of attributes (functionality, usability, efficiency and site stability) to assess the quality of academic web site in general which is beyond the scope of the research. Chang Liu and Kirk P. Arnett (1999) Explored factors associated with web site success in context of e-commerce web site. They have given four major factors for web site success in context of e- commerce web site which is Quality of information and service, Playfulness, System design quality and system use. Talked about marketing performance measurement in context of e-commerce web site on the basis of specific characteristics of web site. Christian Bauer and Arno Scharl (2000) proposed method of automated web site evaluation to asses thousands of web sites without intervention of human intervention by using fuzzy modeling techniques. Attribute given by Olsina (1999) has been taken in consideration. Daniel Cunliff (2000) reviewed existing web sites from usability point of view by considering by considering visual appearance of web site, usability of web site and users need. Focused which web site is better oriented towards users needs. Daniel Cunliffe (2001) evaluated museum web site from users point of view by taking into consideration of web sites content, reliability, easy to navigate, accessibility etc. Lee (2001) said that internet is powerful, transforming and disruptive technology which promises long term potential. E- commerce are taking place rapidly and it has to evaluated on the basis of five essential steps they are: Redefine the competitive advantage; rethink business strategy; re-examine traditional business and revenue models, re-engineer the corporation and Web site; and re-invent customer service. Barua et al. (2001) discussed about financial performance of e-commerce business by taking into consideration operational expenses, did not explained well and examine in terms of marketing ROI, even financially calculated online revenue. Coyle and Thorson (2001) asserted that performance of an e-commerce web site should be assessed on the basis of number of visitors who visits the web site and spend time on searching and discussed about interactivity and vividness of e-commerce web site. Geyskens et al(2002) mentioned that corporate web site enhances the business and provide direct benefits in terms of e-commerce sale and was talking about demand and supply (Olsina et al. 2002) developed quantitative evaluation of web site by using web quality evaluation method for e-commerce web site and find out best and worst qualified web sites from customers point of view. Grembergen et al. (2002) said that cost is associated with developing, designing, maintaining and implementing the web site of e-commerce web site and performance measurement is one of the most important aspects of e-commerce business. Merwe and Bekker (2003) find that no generally accepted methods exist for the systematic and comprehensive evaluation of web site performance. Developed methodology for evaluating e-commerce web site on the basis of five parameters each divided in five sub parameters, which is very much similar work done by Olsina in 2002. Ron Kohavi et al. (2003) described analysis to improve e-commerce web site and given several recommendations that is found to be very useful in practice. Taken into consideration various aspects from customers’ point of view like customer signature, session, usage analysis and conversion rate. F.J. Miranda Gonzalez & T.M.Banegil palacios (2004) evaluated quantitatively commercial web sites (e-commerce) of Spanish firm by using web assessment index. Taken into consideration four characteristics of web site which is Accessibility, Speed, Navigability and content. Proposed method is similar to Merwe and Bekker (2003) and Olsina et al. (2002).Coral Calero et al. (2005) developed web metrics by using web quality model. Proposed most important metrics for web information system. It was found that 44 percent of metrics are related to presentation and most metrics are usability metrics. Levenburg (2005) findings suggest that while a majority of retailers use the Internet to enhance company image, greater pay-offs come from offering more online services, particularly those that may be used by customers in the acquisition process (e.g., e-mail and online ordering) and for post-purchase support. Charles Oppenheim and Louise Ward (2006) discussed how to evaluate e-commerce web site and what makes a good web site. Aspects evaluated included presentation, content, accessibility, language, navigation and structure, transaction page, security and marketing factors. This is more or less similar to work done by many authors in the past. Smits and Bischops (2007) proposed model is given for general web site not for e-commerce web site and help to view website from different perspective like financial perspective, customer perspective and organizational perspective. Fisher &Tia (2009) talked in terms of ROI for social networking sites, focused to measure attributes attention, interaction and conversion index. Where we find that new opportunities in the cyber world, new set of production services & newer customer group has been key movers in motivating organizations to move into this frame of reference. The scenario of competition with changing dynamics both at the buyer and seller and including challenges at the substitution level along with threat posed at the entry and exit level has also definitely being a reason for organizations to think beyond the current paradigm embraced online business scenario at new perspective, which was welcomingly adaptive and responsive the new need of marketing community. This transformation of real world brick organization to virtual world click organization was a new phenomenon all together, where asking question, seeking information, looking out for better deal, ruthless competition and easy comparison were the new order of the day. This scenario based indicative issues significantly touched upon creative functional thinking at the maker end also triggered of development & deployment of innovative technologies which not only ease the transaction processing but also provided relatively high degree of assurance regarding issues of privacy, data security and transaction. Having evolved a transaction and revenue system along with a value delivery mechanism, enabling transactions, inducing satisfaction and efficiency levels of individual users, customers and at the affiliated party along with a regime of online transaction through secure panels. This initial transaction revenue model and transaction processing system (TPS) have bought the online business to initial degree of saturation and when in the historic dotcom bubble bust was also insight of early innovators which sincerely induced in our thinking in online business regarding new business models apart from B2B,B2C,B2C to have more organized and sophisticated system in place like –The customer exchange ,specialty stores resulting into diversified practices and methodologies generating clear cut indicatives for diversification in over crowded market in the cyber space. The presence of multiple operator with in similar interest willing to approach same set of customer ,induced the scenario of competition in the online business, giving rise to methodology of measurement and evaluation of like metrics, Balance score card and ROI extra. The current research in based on following qualitative assessment methods where in different ROI standards were used by different organizations in online business as published through secondary source in form of reporting’s from industry research paper and other set of best practices would be taken up individually and classified according to the treatment criteria that is the attribute classification methodology and the association rule including the coverage and from time component. A summery metrics which may be called as ROI standard signature for different corporations would be developed where from referral of master metrics would be generated for all standard procedure of ROI calculations used in online business for a specific model that is specific revenue model and specific vertical, divided on the basis of the type of product services, consumer and the type of business and services like etailing- mall, customer exchange, reverse exchange-auctions and e-portals extra. The approaches would be to use weighted average and priority scale to generate effective contributing agent for overall business in online system across different type of revenue model, business model and the nature of enterprises. The majorities of articles in the concept matrix developed for online business only discusses about the criteria of successful web site or provide web assessment method to calculate web site performance from users or customer points of view based on certain features (Table1). None of them talk about how much financial conversion takes place due to web optimization process and it is said that web optimization will increase number of visitor and conversion. None of the articles discussed about how to calculate online marketing ROI for e-commerce website. It is clear that majority of researches has been done in the area of e-commerce (71%), 24% of literature discussed about general website and only 5% focused only social networking sites (See figure 1). It is clear that 67% of literature discussed about performance evaluation of web site and alignment of business goal with web site.38% discussed about marketing performance measurement (See figure 2). It is evident that 76% authors were concerned more about web optimization or process optimization of the website, 19% were discussed about lead conversion which is taking place due to web optimization. None of the authors talked in terms of ROI or discussed about marketing ROI in online business, the majorities of articles discuss only the criteria for successful websites or provide a method or model to measure the success of the web site (See figure 3). Extended dimensions for e-commerce websites (See table 2) has been categorized in nine categories (See figure 4).Majority of authors discussed about content (30%) for ecommerce website for performance measurement then reliability further to navigation and interface. Content and reliability were considered as a main factor by the authors for assessing website performance and which is the part of web optimization process. It is assumed that improved website through web optimization process will increase web site performance automatically. From the concept matrix developed for marketing ROI in general, it can be concluded from the matrix that the term ROI has been discussed in marketing literature. Most of them address the need for ROI in marketing and about marketing accountability towards finance. Some articles only give insight in the need for ROI and provide guidelines how to make marketing more financial accountable. Out of ten articles only article by Rust et al, 2004 measures marketing ROI in financially. Rust et al, 2004 applied concept of CLV (Customer Life Time Value) to measure ROI and quantify the impact of a marketing activity on the perception of a customer. To implement the model proposed by Rust et al (2004) number of information is required like customer contribution margin, frequency of purchase and volume of purchase for industry in consideration and of competitive brand, which is practically not possible to collect the information of the competitor at the desired level. Apart from one brand was in consideration by assuming marketing is stable which is also ideally not possible (See table 3). Berger et al. (2006) and Srivastav et al. (1998) tried to project CLV of marketing activities. Stewart (2009) and Ringham (2005) discussed about the marketing accountability and proposed model for calculating marketing outcome financial with help of intermediary and by considering shareholder value. The importance of measuring marketing performance is addressed in the literature and how important is measuring marketing outcome has also acknowledged by the authors and by the people from industry, but only few of them could succeed to add value towards the marketing measurement for the organization. Numbers of variables has been discussed to optimize the website or to increase the ROI of websites but none of them could measure it in monetary units. Researches have been restricted to web optimization process, while discussing about web site performance for e-commerce. Web optimization is one of the drivers of website marketing for performance improvement while other drives which are also equally important for assessing website performance is not taken into consideration, like Advertising, Distribution, Online promotion, Customer e-mail, Conversion rate, Interstitials, Targeted Banner & Search engine. Web optimization is not only measure that determine of online ROI. The methods Provided by Rust et al.(2004) for measuring marketing performance in monetary terms is practically difficult to apply to calculate ROI of online business. So there is need to develop standard method to measure online marketing performance. Anne Klein & Tracy Swartzendruber (2003).A user’s guide to marketing ROI: White Paper. American Marketing Association. Bill Murphy (2004). ROI by Number: White Paper. Response Magazine: Direct Response Marketing. Barua, A., Konana, P., Whinston, A.B. & Yin F. (2001).Driving E-Business Excellence. Sloan Management Review, Fall, 36-44. Christian Bauer, Arno Scharl (2000).Quantitive evaluation of Web site content and structure. Internet Research, 10, 31 – 44. Chung-Shing Lee (2001). An analytical framework for evaluating e-commerce business models and strategies. Internet Research, 11,349 – 359. Chang Liua and Kirk P. Arnett (1999) .Exploring the factors associated with Web site success in the context of electronic commerce.Information & Management,38,23-33. Coral Calero, Julián Ruiz and Mario Piattini (2005).Classifying web metrics using the web quality model.Online Information Review, 29,227 – 248. Charles Oppenheim and Louise Ward (2006). Evaluation of web sites for B2C ecommerce. Aslib Proceedings, 58,237 – 260. Christian Gronroos (1990).Relationship approach to marketing in service contexts: The marketing and organizational behavior interface. Journal of Business Research, 20, 3-11. Daniel Cunliffe, Efmorphia Kritou and Douglas Tudhope (2001).Usability Evaluation for Museum Web Sites.Museum Management and Curatorship, 19, 229–252. Don O ‘Sullivan and Abela, A.V. (2007).Marketing performance measurement ability and firm performance. Journal of Marketing, 71, 79-93. D.W. Stewart (2009).Linking marketing Actions to financial outcomes. Journal of Business Research, 62,636-643. Eric Almquist and Gordon Wyner (2001).Boost your marketing ROI with experimental design. Harvard Business School Publishing corporation, October, 5-11. Evert Gummesson (1994).Making Relationship Marketing Operational. International Journal of Service Industry Management, 5, 5 – 20. F.J Miranda González and T.M Bañegil Palacios (2004).Quantitative evaluation of commercial web sites: an empirical study of Spanish firms. International Management, 313-328. Fisher and Tia (2009).ROI in social media: A look at the arguments.The Journal of Database Marketing & Customer Strategy Management, 16,189-195. Howard Olsen (2010). The Elasticity of Marketing ROI,In: EABR & ETLC Conference Proceedings’Dublin, Ireland, 2010. Inge Geyskens, K Gielens and Marnik (2002).The market valuation of internet channel additions. Journal of Marketing, 66,102-119. James D. Lenskold (2009).Marketing ROI: the path to campaign, customer, and corporate profitability, AMA, McGraw-Hill Publishing. James R. Coyle and Esther Thorson (2001).The Effects of Progressive Levels of Interactivity and Vividness in Web Marketing Sites. Journal of Advertising, 30, 65-77. Luis Olsina, Daniela Godoy, Guillermo Lafuente & Gustavo Rossi (1999).Assessing the quality of academic websites: a case study. Open Hypermedia Systems, 5, 81-103. Levenberg, N. (2005).Does Size matter? Small Firms’ Use of E-Business Tools in the Supply Chain.Electronic markets, 15, 94-105. Liane Ringham (2005).Return on marketing investment: A practical end to end approach for linking marketing investments to shareholder value: White Paper. Mark Solcansky and Iveta Simberova (2010).Measurement of marketing effectiveness.Economics and management, 755-759. Olsina, L and Rossi G. (2002).Measuring Web application quality with WebQEM.IEEE, 9, 20-29. Paul D. Berger, Naras Eechambadi, Morris George, Donald R. Lehmann, Ross Rizley and Rajkumar Venkatesan (2006).From Customer Lifetime Value to Shareholder Value: Theory, Empirical Evidence, and Issues for Future Research.Journal of Service Research, 2,156-167. Philip Kotler (2004).A three-part plan for upgrading your marketing department for new challenges. Journal of Strategy & Leadership, 32, 4 – 9. Rob Duboff (2006).Resisting Gravity: White Paper. American Marketing Association. Rian van der Merwe and James Bekker (2003). A framework and methodology for evaluating e-commerce Web sites.Internet Research, 13,330 – 341. Web Sites.In: Proceedings of the Fifth WEBKDD workshop, 2003. Robert S.Kaplan and David P.Norton (2007).Using the balance score card as a strategic management system. Harvard Business review, (July/August), 1-14. Rust RT, Roland T.,Lemon,Katherine N. and Zeithaml,Valarie A.(2004).Return on Marketing using Customer Equity to Focus Marketing Strategy. Journal of marketing, 68,109-27. Saurabh Mishra & Madhvendra Misra (2011).Current Industry Approaches towards Marketing ROI an Empirical Study. European Journal of Business Management, 3(6), 85-100. Assets and Shareholder Value: A Framework for Analysis. Journal of Marketing, 62, 2-18. Steven H. Seggie, E Cavusgil and S Phelanetl (2007).Measurement of return on marketing investment: A conceptual framework and the future of marketing metrics. Industrial Marketing Management, 36, 834-841. Selz. D. and Petra Schubert (1999).Web Assessment – Measuring the Effectiveness of Electronic Commerce sites going Beyond Traditional Marketing paradigms, in: Proceedings of 32 HICSS conference, Hawaii, 1998. Selz. D. and Petra Schubert (1998).Web Assessment –A model for evaluation and Assessment of Successful Electronic commerce Applications, in: Proceedings of 31st HICSS conference, Hawaii, 1998. Steve Blundell (2001).Measuring the ROI of your marketing strategy. Accenture’s Insight Driven Marketing report. Tim Ambler and John Roberts (2005).Beware the silver metric: Marketing performance measurement has to be multidimensional. Center for Marketing Working Paper. Theodore Mitchell (2010).The Elasticity of Marketing ROI, in: EABR & ETLC Conference Proceedings, Nevada, 2010. Timothy Hawthorne (2004).Measuring return on investment (ROI) can be tricky, but it’s an important step in any direct campaign: White Paper”, Response Magazine: Direct Response Marketing. The Internet Scorecard (2007): vebeter your online results,G.J. Smits, J. Steins Bisschop, 221. Wim Van Grembergen and Isabelle Amelinckx, (1998). Measuring and Managing Ebusiness Projects through the Balanced Scorecard, in: Proceedings of 31st HICSS conference, Hawaii, 1998. Wayne G. Bremser and Q.B. Chung (2005).A framework for performance measurement in the e-business environment. Electronic Commerce Research and Applications, 4, 395-412.

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http://www.icommercecentral.com/open-access/an-assessment-of-roi-in-online-perspective-leading-to-a-critical-review-and-framework-development-towards-standardization-of-roi-practices.php?aid=38048&view=mobile

We found seven scripts collecting Facebook user data using the first party’s Facebook access . These scripts are embedded on a total of 434 of the top 1 million sites, including fiverr.com, bhphotovideo.com, and mongodb.com. We detail how we discovered these scripts in Appendix 1 below. Most of them grab the user ID, and two grab additional profile information such as email and username. We believe the websites embedding these scripts are likely unaware of this particular data access . The user ID collected through the Facebook API is specific to the website (or the “application” in Facebook’s terminology), which would limit the potential for cross-site tracking. But these app-scoped user IDs can be used to retrieve the global Facebook ID, user’s profile photo, and other public profile information, which can be used to identify and track users across websites and devices . * OnAudience stopped collecting this information after we released the results of a previous study in the No Boundaries series, which showed them abusing browser autofill to collect user email addresses. ^ Although we observe these scripts query the Facebook API and save the user’s Facebook ID, we could not verify that it is sent to their server due to obfuscation of their code and some limitations of our measurement methods. While we can’t say how these trackers use the information they collect, we can examine their marketing material to understand how it may be used. OnAudience, Tealium AudienceStream, Lytics, and ProPS all offer some form of “customer data platform”, which collect data to help publishers to better monetize their users. Forter offers “identity-based fraud prevention” for e-commerce sites. Augur offers cross-device tracking and consumer recognition services. We were unable to determine the company which owns the ntvk1.ru domain. Some third parties use the Facebook Login feature to authenticate users across many websites: Disqus, a commenting widget, is a popular example. However, hidden third-party trackers can also use Facebook Login to deanonymize users for targeted advertising. This is a privacy violation, as it is unexpected and users are unaware of it. But how can a hidden tracker get the user to Login with Facebook? When the same tracker is also a first party that users visit directly. This is exactly what we found Bandsintown doing. Worse, they did so in a way that allowed any malicious site to embed Bandsintown’s iframe to identify its users. We discovered that the iframe injected by Bandsintown would pass the user’s information to the embedding script indiscriminately. Thus, any malicious site could have used their iframe to identify visitors. We informed Bandsintown of this vulnerability and they confirmed that it is now fixed. This unintended exposure of Facebook data to third parties is not due to a bug in Facebook’s Login feature. Rather, it is due to the lack of security boundaries between the first-party and third-party scripts in today’s web. Still, there are steps Facebook and other social login providers can take to prevent abuse: API use can be audited to review how, where, and which parties are accessing social login data. Facebook could also disallow the lookup of profile picture and global Facebook IDs by app-scoped user IDs. It might also be the right time to make Anonymous Login with Facebook available following its announcement four years ago. Steven Englehardt is currently working at Mozilla as a Privacy Engineer. He coauthored this post in his Princeton capacity, and this post doesn’t necessarily represent Mozilla’s views. We use the term “vulnerability” to refer to weaknesses arising from insecure design practices on today’s web, rather than its commonly understood sense in computer security of weaknesses arising due to software bugs. In this post we focus on websites which use Facebook Login, but the vulnerabilities we describe are likely to exist for most social login providers and on mobile devices. Indeed, we found scripts that appear to grab user identifiers from the Google Plus API and from the Russian social media site VK , but we limited our investigation to Facebook Login as it’s the most widely used social SDK on the web. In order to better understand the level of integration a third party has with the first party, we categorize scripts based on their use of the first party’s Application ID (or AppId), which is provided to Facebook during the login initialization phase to identify the site. Inclusion of a site’s application ID and initialization code in the third-party library suggests a tighter integration—the first party was likely required to configure the third-party script to access the Facebook SDK on their behalf. While application IDs aren’t meant to be secrets, we take the lack of an App ID to imply loose integration—the first party may not be aware of the access. In fact, all of the scripts in this category take the same actions when embedded on a simple test page with no prior business relationship. 1) third-party initiates the Facebook login process instead of passively waiting for the login to happen; 2) third-party includes the unique App ID of the website it is embedded on. The seven scripts listed above neither initiate the login process, nor contain the app ID of the websites. Still, it is very hard to be certain about the exact relationship between the first parties and third parties. The application-scoped IDs can be resolved to real user profile information by querying Facebook’s Graph API or retrieve the user’s profile photo (which does not even require authentication!). When security researchers showed that it is possible to map app-scoped IDs to Facebook IDs and download profile pictures Facebook responded as follows: “This is intentional behavior in our product. We do not consider it a security vulnerability, but we do have controls in place to monitor and mitigate abuse.” A Facebook interface with similar controls was reportedly used to harvest of 2 Billion Facebook users’ public profile data. Note that although the endpoint found by the researchers does not work anymore, the following endpoint still redirects to users’ profile page: https://www.facebook.com/[app_scoped_ID]. To study the abuse of social login APIs we extended OpenWPM to simulate that the user has authenticated and given full permissions to the Facebook Login SDK on all sites. We added instrumentation to monitor the use of the Facebook SDK interface (`window.FB`). We did not otherwise inject the user’s identity into the page, so any exfiltrated personal data must have been queried from our spoofed API. As in our previous measurements, we crawled 50,000 sites from the Alexa top 1 million in June 2017. We used the following sampling strategy: visit all of the top 15,000 sites, randomly sample 15,000 sites from the Alexa rank range [15,000 100,000), and randomly sample 20,000 sites from the range [100,000, 1,000,000). This combination allowed us to observe the attacks on both high and low traffic sites. On each of these 50,000 sites we visited 6 pages: the front page and a set of 5 other pages randomly sampled from the internal links on the front page. For method calls that normally return personal information we spoof the return values as if the user is logged in and call and necessary callback function arguments. These include `FB.api()`, `FB.init(), `FB.getLoginStatus()`, `FB.Event.subscribe()` for the events `auth.login`, `auth.authResponseChange`, and `auth.statusChange`, and `FB.getAuthResponse()`. For the Graph API (`FB.api`), we support most of the profile data fields supported by the real Facebook SDK. We parse the requested fields and return a data object in the same format the real graph API would return. For method calls that don’t return personal information we simply call a no-op function and ignore any callback arguments. This helps minimize breakage if a site calls a method we don’t fully replicate. We fire `window.fbAsyncInit` once the document has finished loading. This function is normally called by the Facebook SDK. We also found a number of third-party scripts interacting with the Facebook API, which appear to be operating on behalf of the first party . These companies offer a range of services, such as integrating multiple social login options, monitoring social media engagement, and aggregating customer data. As a specific example, BlueConic offers a Facebook Profile transfer service, that copies information from the user’s Facebook profile information to BlueConic’s data platform. Additional third-party services which access Facebook profile information on the first party’s behalf include: Zummy, Social Miner, Limespot (personalizer.io), Kissmetrics, Gigya, and Webtrends. In our research we found password leaks to four different third-party analytics providers across a number of websites. The sources are numerous: several variants of a “Show Password” feature added by site owners, an unexpected interaction with an unrelated third-party script, unanticipated changes to page structure by browser extensions, and even a bug in privacy tools of one of the analytics libraries. However, the underlying cause is the same: wholesale collection of user input data, with protection provided by set of blacklist-based heuristics to filter password fields. We argue that this heuristic approach is bound to fail, and provide a list of examples in which is does. Many websites implement mobile-friendly password visibility toggles which make it possible to “unmask” the entered password and check it for errors. In order to implement this, the user’s password must be placed in a field that doesn’t have its “type” property set to “password”, since browsers will automatically mask any text entered into those fields. We found leaks due to several variations of this feature, including to Mixpanel (A.1), to FullStory (A.2), and to SessionCam (A.3). Sites may include a number of third-party scripts which alter or annotate the page in unexpected ways. In the example given in (A.4), a third-party analytics script from Adobe stored the typed password in a cookie when the password field clicked. On the same page, session replay script from Userreplay collects all cookies, effectively causing the password leak to Userreplay. Even in cases where publisher sites take an active role to prevent leaks to third parties, things can go wrong. Passwords were leaking to FullStory (A.5) due to a bug in one of their redaction features. The feature was implemented in a such a way that, when applied to a password input, the password would leak to FullStory, but would not be displayed in the resulting session recording that the publisher could later review. Thus, it would be difficult for a publisher to discover the leak. In their announcement, Mixpanel explained that “[the password leak] could happen in other scenarios where browser plugins (such as the 1Password password manager) and website frameworks place sensitive data into form element attributes.” The problem is not limited to a small set of browser extensions, but rather any extension which alters the page structure. Neither the site owner nor the analytics provider can be expected to anticipate all possible structural changes an extension might perform. As an example, we examined browser extensions which automatically make password fields visible to the user. There are a ton of such extensions, which are collectively used by 120,000+ users. We found that users of the Unmask Password and Show Password Chrome extensions would, on some sites, have their passwords leaked to Mixpanel (A.6) and FullStory (A.7) respectively. In both cases the leaks were caused by a variant of the “Show Password” feature described above. The Autotrack feature allows sites to collect interaction events on a website, like clicks or form interactions, without needing to specify which elements to monitor. The automated collection of all interactions, including values entered into input fields, is the service’s main selling point: if a site owner ever wants to start monitoring a new input field, Mixpanel will already have the complete history of the various inputs provided by the visitors for this field. Autotrack doesn’t appear to be designed to collect sensitive data. Instead, Mixpanel suggests sites can use the service to perform benign analytical tasks, like finding the commonly used search terms. However, sites collect all types of sensitive data through input elements: usernames and passwords, health information, banking information, and so on. Automatically determining which fields are sensitive is a difficult task, and an incorrect classification runs the risk of scooping up the sensitive user data — even if the user never submits the form . Similar to the session replay scripts we studied in the past, Mixpanel implements several heuristics in attempt to automatically exclude specific types of sensitive information from collection. The rules most relevant to password fields are: remove any input field which is of the password type or has a name property (or “id” property, if name does not exist) that contains the substring “pass”. Mixpanel also offers sites the ability to manually exclude parts of the page, which we discuss later in the post. Mixpanel attributed the cause of their previous password leak to a change in another third-party library. The third-party library “placed copies of the values of hidden and password fields into the input elements’ attributes, which Autotrack then inadvertently received”. Indeed, the previous version of Autotrack only filtered password fields’ “value” property, which stores the password entered by the user. The attributes of the field, which can be used to add arbitrary metadata about the password field is left unfiltered. The fix deployed by Mixpanel changed this, filtering both the value property and all attributes from password fields. This plugs that specific hole, but as the Testbook example (A.1) shows, sites may handle sensitive data in other ways Mixpanel didn’t predict. “Show Password” feature is commonly implemented by switching the “type” property of the password input field from “password” to “text”. The majority of the leaks examined above were caused by the mobile-friendly “Show Password” option. This feature is commonly implemented by switching the “type” property of the password input field from “password” to “text” (see: 1, 2, 3). The feature can be implemented by the first party directly or by a browser extension. In fact, this is how the Unmask Password extension is implemented, and was the cause of the ECRent password leak (A.6). The third-party scripts we studied don’t filter generic text fields as strictly as password fields. This is also the primary cause of the leaks on Testbook (A.1), PropellerAds (A.2), and johnlewis.com (A.3). It may be tempting to filter passwords stored in generic text fields based on other properties of the input field, such as the name, class, or id. Mixpanel’s relatively simple implementation of this filtering provides a perfect case study of this mitigation: it excludes generic text fields which contain the substring “pass” in their “name” attribute (or “id”, if “name” does not exist). Using our crawl data we found that 15% of the 36,972 total password fields discovered will not match this substring filter. Indeed, the third most frequent password field name attribute “pwd” would be missed, as will common translations of “password”. A word cloud of the 50 most commonly missed terms is given in footnote . Of course Mixpanel’s heuristic could be updated to include these new fields, but that would just continue the game of whack-a-mole. There will inevitably be another password field formatted or handled in a way that this new heuristic fails to handle and user passwords will continue leaking. Mixpanel offers developers a way to manually specify fields that should be excluded from collection. Developers can simply add the class `mp-no-track` or `mp-sensitive` to an element to prevent sensitive information leaks. Indeed, this was the solution Mixpanel recommended in their response to our disclosure . At first glance this might seem to mitigate the problems outlined in this post — anything missed by the automatic filtering can simply be manually filtered by the site. However, our research into session replay scripts found that companies repeatedly failed to prevent data leaks through manual redaction. In Mixpanel’s case, redaction feature is will negate the main benefit of Autotrack – collection without a manual review of the fields. We signed up for a Mixpanel account and enabled Autotrack in the dashboard . During the process, we didn’t see any warnings about the risks of Autotrack, nor could we find a way to review all of the collected data. To discover the collected passwords, we needed to manually add an “event probe” to the password field or login form. This may explain why it took over 9 months for a Mixpanel user to discover the inadvertent password collection introduced back in March 2017, despite its presence on 4% of Mixpanel’s projects. We focus on password fields in this post because they are the most constrained user input and should be the easiest to redact. Despite this, several of the major input scraping scripts are still unable to prevent password leaks. Financial, health, and other sensitive data are often collected using generic “text” fields which may have ambiguous input labels. We expect them even more difficult to filter in an automated way. We show that the indiscriminate collection of form data is a security disaster waiting to happen. We’ve highlighted these risks before, and the analysis included in this post shows that the problem persists. We don’t view these issues as bugs to be fixed, but rather vulnerabilities inherent to this class of analytics scripts. The Autotrack feature allows sites to collect analytics on form interactions such as when checking out products or signing in to your account. Mixpanel Autotrack normally tries to exclude password fields from the collected data, but A1the filtering relies on fragile assumptions about page composition and markup. Fig 1. Password collection by Mixpanel on testbook.com. One of the password leaks occurs on testbook.com’s login form when a user makes use of the “Show Password” feature, which causes the user’s password to be displayed in cleartext. Once the user takes a further action, such as editing the password or hiding it again, the password will be collected by Mixpanel. The collection happens regardless of whether the user ultimately submits the login form. We reported the issue to Mixpanel. Their response can be found in . Mixpanel currently lists the Autotrack feature as “on hold”, and appears to have disabled it for new projects. But sites that were already using Autotrack at the time of the incident are not affected by this change. A2. Password collection due to a “Show password” feature: The PropellerAds’ login form contains an invisible text field, which also holds a copy of the typed password. When a user wants to display the password in cleartext, the password field is replaced by the text field. FullStory’s auto exclusion filters fail to recognize the password in the text field, which causes the password to be collected by FullStory. We reported this issue to FullStory and PropellerAds. FullStory responded promptly and said that “[they] are in touch with the customer to ensure that all inappropriate data is deleted and that they update their exclusion rules to comply with our Acceptable Use Policy.” FullStory’s complete response can be found in . Fig 2. Password is collected on PropellerAds’ login form by FullStory. The registration page of the johnlewis.com website implements the “Show password” feature in the same way as PropellerAds: a copy of the password is always stored in an invisible text field, which replaces the password field when users want to show their password. This time session replay script from sessioncam.com fails to filter out passwords in the text field and sends it to its servers. We reported the issue to SessionCam and johnlewis.com. Response from Sessioncam can be found in . On both of these cases (johnlewis.com and propellerads.com) password is grabbed by the session replay scripts even if the user does not make use of the Show/Hide password feature. Fig 3. Password leaks to Sessioncam on johnlewis.com. A4. Password leaks due to interaction with other analytics scripts. Passwords on Capella University’s admission login page leaks due to an unexpected interaction of different third-party scripts. When a user clicks on the password field, Adobe’s Analytics ActivityMap script stores the password in a cookie called “s_sq”. On the same page, session replay script from Userreplay collects and sends all cookies, which effectively cause passwords to be collected by Userreplay. Fig 4. The password stored in the cookies are leaked to Userreplay on Capella.edu website. Fig 5: The WP Engine login page leaks passwords via FullStory’s keystroke logger. We decode the keyCode values sent to FullStory to demonstrate that they match what was typed into the password field. In the screenshot above, we demonstrate how passwords entered on WP Engine’s login page leak to FullStory via their keystroke logger. From what we can tell, this leak is the result of WP Engine taking proactive steps to protect user data. Rather than relying on FullStory’s automatic exclusion of password fields, WP Engine added FullStory’s manual redaction tag (i.e., `fs-hide`) to the field. FullStory’s documentation explains that fields hidden with the `fs-hide` tag will not be visible in recordings, and that “some raw input events (e.g., key and click events) are also redacted when they relate to an excluded element.” Through manual debugging, we observed that the use of `fs-hide` tag changed the way FullStory’s script classifies the password field, eventually causing it to collect the password. Following our disclosure, FullStory promptly fixed the issue and released a security notice to their customers, stating that the bug affected less than 1% of sites. Fig 6. Mixpanel will collect passwords on ECrent registration page when the Unmask Password Chrome extension is in use. The password leaks in a base64 encoded query string to Mixpanel. ECrent is a rental platform that was in the Alexa top 10,000 sites at the time of measurement. Fig 7. FullStory will inadvertently collect passwords when the Show Password Chrome extension is in use. Similar to the Propeller Ads example above, this extension implements the show password functionality by swapping the current password field with a new cleartext field. The new field is not excluded from FullStory’s recordings — any further edits to the cleartext will cause password to be collected by FullStory. We thank Jonathan Mayer for his valuable feedback. Our rationale for publicizing these leaks is not to point fingers at specific first or third parties. Mixpanel, for example, handled their previous password incident quickly and with transparency. These aren’t bugs that need to be fixed, but rather insecure practices that should be stopped entirely. Even if the specific problems highlighted in this post were fixed, we suspect we’d be able to continue to find variants of the same leaks elsewhere. Thankfully these password leaks can’t be exploited publicly, since the analytics data is only available to first parties. Instead, these leaks expose users to an increased risk to data breaches, an increased potential for data access abuse, and to unclear policies regarding data retention and sharing. testbook.com is the 2360th most popular site globally according to Alexa; testbook.com mobile app has 1,000,000 – 5,000,000 downloads. “Thank you for writing in. We are in touch with the customer to ensure that all inappropriate data is deleted and that they update their exclusion rules to comply with our Acceptable Use Policy. “I wanted to follow up and let you know that we fixed the bug associated with the .fs-hide issue and the fix is currently in production as of 4:00 PM EST this afternoon. HTML elements containing the `.fs-hide` selector will no longer record keystrokes. Further, we changed the functionality of the recording code so that it will no longer record the actual keys alongside keystroke data. Thus, any future regression will not run the risk of subtly sending keystroke data to FullStory. Through manual analysis, we found that Mixpanel sends user inputs on a field-by-field basis as soon as the field loses focus. This means that user data is sent to Mixpanel even when the user chooses not to submit a form. Input values that match these filters are excluded from collection by Mixpanel. Comparing Mixpanel’s password field detection heuristics to those of two popular password manager browser extensions (Lastpass and 1Password), we found that Mixpanel’s password detection heuristic is far less comprehensive compared to theirs. For instance, Lastpass and 1Password’s heuristics consider the translation of the word “password” in different languages such as “contraseña”, “passwort”, “mot de passe” or “密码”, when detecting password fields. This is true despite the incentives; if a password manager fails to detect a password field, it’s a usability problem; if Mixpanel fails to detect a password field, it’s a security problem. Wordcloud of 50 most common password field name/id attributes that don’t include the substring “pass”, and will thus not be excluded by Mixpanel. This data was collected from a crawl of ~50K sites (~300K page visits). “Undefined” stands for password fields without any name or id attributes. Many of these words are translations of the word “password”, such as: “senha”(Portugese), “sifre” (Turkish), or “kennwort” (German). Mixpanel’s dashboard for enabling Autotrack, before it was disabled for all new projects. Note that there are no warnings of possible sensitive data collection. Credits: Wordcloud image is generated by https://worditout.com. by Steven Englehardt, Gunes Acar, and Arvind Narayanan. Recently we revealed that “session replay” scripts on websites record everything you do, like someone looking over your shoulder, and send it to third-party servers. This en-masse data exfiltration inevitably scoops up sensitive, personal information — in real time, as you type it. We released the data behind our findings, including a list of 8,000 sites on which we observed session-replay scripts recording user data. As one case study of these 8,000 sites, we found health conditions and prescription data being exfiltrated from walgreens.com. These are considered Protected Health Information under HIPAA. The number of affected sites is immense; contacting all of them and quantifying the severity of the privacy problems is beyond our means. We encourage you to check out our data release and hold your favorite websites accountable. As one example, a pair of researchers at UC San Diego read our study and then noticed that Gradescope, a website they used for grading assignments, embeds FullStory, one of the session replay scripts we analyzed. We investigated, and sure enough, we found that student names and emails, student grades, and instructor comments on students were being sent to FullStory’s servers. This is considered Student Data under FERPA (US educational privacy law). Ironically, Princeton’s own Information Security course was also affected. We notified Gradescope of our findings, and they removed FullStory from their website within a few hours. You might wonder how the companies’ privacy policies square with our finding. As best as we can tell, Gradescope’s Terms of Service actually permit this data exfiltration , which is a telling comment about the ineffectiveness of Terms of Service as a way of regulating privacy. Of the four websites we highlighted in our previous post and this one (Bonobos, Walgreens, Lenovo, and Gradescope), three have removed the third-party scripts in question (all except Lenovo). As far as we can tell, no publisher (website operator) was aware of the exfiltration of sensitive data on their own sites until our study. Further, as mentioned above, Gradescope was unaware of key provisions in FullStory’s Terms of Service. This is a pattern we’ve noticed over and over again in our six years of doing web privacy research. Worse, in many cases the publisher has no direct relationship with the offending third-party script. In Part 2 of our study we examined two third-party scripts which exploit a vulnerability in browsers’ built-in password managers to exfiltrate user identities. One web developer was unable to determine how the script was loaded and asked us for help. We pointed out that their site loaded an ad network (media-clic.com), which in turn loaded “themoneytizer.com”, which finally loaded the offending script from Audience Insights. These chains of redirects are ubiquitous on the web, and might involve half a dozen third parties. On some websites the majority of third parties have no direct relationship with the publisher. Most of the advertising and analytics industry is premised on keeping not just users but also website operator in the dark about privacy violations. Indeed, the effort required by website operator to fully audit third parties would negate much of the benefit of offloading tasks to them. The ad tech industry creates a tremendous negative externality in terms of the privacy cost to users. Can we turn the tables? The silver lining is that if we can explain to web developers what third parties are doing on their sites, and empower them to take control, that might be one of the most effective ways to improve web privacy. But any such endeavor should keep in mind that web publishers everywhere are on tight budgets and may not have much privacy expertise. Create a 1-pager summarizing the bare minimum that website operators need to know about web security, privacy, and third parties, with pointers to more information. Create a tailored privacy report for each website based on data that is already publicly available through various sources including our own data releases. Build open-source tools for website operators to scan their own sites . Ideally, the tool should make recommendations for privacy-protecting changes based on the known behavior of third parties. Reach out to website operators to provide information and help make changes. This step doesn’t scale, but is crucial. If you’re interested in working with us on this, we’d love to hear from you! We are grateful to UCSD researchers Dimitar Bounov and Sorin Lerner for bringing the vulnerabilities on Gradescope.com to our attention. The Wayback Machine does not archive FullStory’s Terms page far enough back in time for us to independently verify Gradescope’s statement, nor does FullStory appear in ToSBack, the EFF’s terms-of-service tracker. Privacyscore.org is one example of a nascent attempt at such a tool. In this second installment of the No Boundaries series, we show how a long-known vulnerability in browsers’ built-in password managers is abused by third-party scripts for tracking on more than a thousand sites. The image above shows the process. First, a user fills out a login form on the page and asks the browser to save the login. The tracking script is not present on the login page . Then, the user visits another page on the same website which includes the third-party tracking script. The tracking script inserts an invisible login form, which is automatically filled in by the browser’s login manager. The third-party script retrieves the user’s email address by reading the populated form and sends the email hashes to third-party servers. You can test the attack yourself on our live demo page. We found two scripts using this technique to extract email addresses from login managers on the websites which embed them. These addresses are then hashed and sent to one or more third-party servers. These scripts were present on 1110 of the Alexa top 1 million sites. The process of detecting these scripts is described in our measurement methodology in the Appendix 1. We provide a brief analysis of each script in the sections below. Why does the attack work? All major browsers have built-in login managers that save and automatically fill in username and password data to make the login experience more seamless. The set of heuristics used to determine which login forms will be autofilled varies by browser, but the basic requirement is that a username and password field be available. Login form autofilling in general doesn’t require user interaction; all of the major browsers will autofill the username (often an email address) immediately, regardless of the visibility of the form. Chrome doesn’t autofill the password field until the user clicks or touches anywhere on the page. Other browsers we tested don’t require user interaction to autofill password fields. Why collect hashes of email addresses? Email addresses are unique and persistent, and thus the hash of an email address is an excellent tracking identifier. A user’s email address will almost never change — clearing cookies, using private browsing mode, or switching devices won’t prevent tracking. The hash of an email address can be used to connect the pieces of an online profile scattered across different browsers, devices, and mobile apps. It can also serve as a link between browsing history profiles before and after cookie clears. In a previous blog post on email tracking, we described in detail why a hashed email address is not an anonymous identifier. “Smart Advertising Performance” and “Big Data Marketing” are the taglines used by the two companies who own the scripts that abuse login managers to extract email addresses. We have manually analyzed the scripts that contained the attack code and verified the attack steps described above. The snippets from the two scripts are given in Appendix 2. Adthink (audienceinsights.net): After injecting an invisible form and reading the email address, Adthink script sends MD5, SHA1 and SHA256 hashes of the email address to its server (secure.audienceinsights.net). Adthink then triggers another request containing the MD5 hash of the email to data broker Acxiom (p-eu.acxiom-online.com). The categories mentioned in the Adthink script include detailed personal, financial, physical traits, as well as intents, interests and demographics (Link to the code snippet). OnAudience (behavioralengine.com): The OnAudience script is most commonly present on Polish websites, including newspapers, ISPs and online retailers. 45 of the 63 sites that contain OnAudience script have “.pl” country code top-level domain. The script sends the MD5 hash of the email back to its server after reading it through the login manager. OnAudience script also collects browser features including plugins, MIME types, screen dimensions, language, timezone information, user agent string, OS and CPU information. The script then generates a hash based on this browser fingerprint. OnAudience claims to use anonymous data only, but hashed email addresses are not anonymous. If an attacker wants to determine whether a user is in the dataset, they can simply hash the user’s email address and search for records associated with that hash. For a more detailed discussion, see our previous blog post. Is this attack new? This and similar attacks have been discussed in a number of browser bug reports and academic papers for at least 11 years. Much of the previous discussion focuses on the security implications of the current functionality, and on the security-usability tradeoff of the autofill functionality. Several researchers showed that it is possible to steal passwords from login managers through cross-site scripting (XSS) attacks [3,4,5,6,7]. Login managers and XSS is a dangerous mixture for two reasons: 1) passwords retrieved by XSS can have more devastating effects compared to cookie theft, as users commonly reuse passwords across different sites; 2) login managers extend the attack surface for the password theft, as an XSS attack can steal passwords on any page within a site, even those which don’t contain a login form. How did we get here? You may wonder how a security vulnerability persisted for 11 years. That’s because from a narrow browser security perspective, there is no vulnerability, and everything is working as intended. Let us explain. The web’s security rests on the Same Origin Policy. In this model, scripts and content from different origins (roughly, domains or websites) are treated as mutually untrusting, and the browser protects them from interfering with each other. However, if a publisher directly embeds a third-party script, rather than isolating it in an iframe, the script is treated as coming from the publisher’s origin. Thus, the publisher (and its users) entirely lose the protections of the same origin policy, and there is nothing preventing the script from exfiltrating sensitive information. Sadly, direct embedding is common — and, in fact, the default — which also explains why the vulnerabilities we exposed in our previous post were possible. This model is a poor fit for reality. Publishers neither completely trust nor completely mistrust third parties, and thus neither of the two options (iframe sandboxing and direct embedding) is a good fit: one limits functionality and the other is a privacy nightmare. We’ve found repeatedly through our research that third parties are quite opaque about the behavior of their scripts, and at any rate, most publishers don’t have the time or technical knowhow to evaluate them. Thus, we’re stuck with this uneasy relationship between publishers and third parties for the foreseeable future. The browser vendor’s dilemma. It is clear that the Same-Origin Policy is a poor fit for trust relationships on the web today, and that other security defenses would help. But there is another dilemma for browser vendors: should they defend against this and other similar vulnerabilities, or view it as the publisher’s fault for embedding the third party at all? There are good arguments for both views. Currently browser vendors seem to adopt the latter for the login manager issue, viewing it as the publisher’s burden. In general, there is no principled way to defend against third parties that are present on some pages on a site from accessing sensitive data on other pages of the same site. For example, if a user simultaneously has two tabs from the same site open — one containing a login form but no third party, and vice versa — then the third-party script can “reach across” browser tabs and exfiltrate the login information under certain circumstances. By embedding a third party anywhere on its site, the publisher signals that it completely trusts the third party. Yet, in other cases, browser vendors have chosen to adopt defenses even if necessarily imperfect. For example, the HTTPOnly cookie attribute was introduced to limit the impact of XSS attacks by blocking the script access to security critical cookies. There is another relevant factor: our discovery means that autofill is not just a security vulnerability but also a privacy threat. While the security community strongly prefers principled solutions whenever possible, when it comes to web tracking, we have generally been willing to embrace more heuristic defenses such as blocklists. Countermeasures. Publishers, users, and browser vendors can all take steps to prevent autofill data exfiltration. We discuss each in turn. Publishers can isolate login forms by putting them on a separate subdomain, which prevents autofill from working on non-login pages. This does have drawbacks including an increase in engineering complexity. Alternately they could isolate third parties using frameworks like Safeframe. Safeframe makes it easier for the publisher scripts and iframed scripts to communicate, thus blunting the effect of sandboxing. Any such technique requires additional engineering by the publisher compared to simply dropping a third-party script into the web page. Users can install ad blockers or tracking protection extensions to prevent tracking by invasive third-party scripts. The domains used to serve the two scripts (behavioralengine.com and audienceinsights.net) are blocked by the EasyPrivacy blocklist. Now we turn to browsers. The simplest defense is to allow users to disable login autofill. For instance, the Firefox preference signon.autofillForms can be set to false to disable autofilling of credentials. A less crude defense is to require user interaction before autofilling login forms. Browser vendors have been reluctant to do this because of the usability overhead, but given the evidence of autofill abuse in the wild, this overhead might be justifiable. The upcoming W3C Credential Management API requires browsers to display a notification when user credentials are provided to a page . Browsers may display the same notification when login information is autofilled by the built-in login managers. Displays of this type won’t directly prevent abuse, but they make attacks more visible to publishers and privacy-conscious users. Finally, the “writeonly form fields” idea can be a promising direction to secure login forms in general. The briefly discussed proposal defines ways to deny read access to form elements and suggests the use of placeholder nonces to protect autofilled credentials . Built-in login managers have a positive effect on web security: they curtail password reuse by making it easy to use complex passwords, and they make phishing attacks are harder to mount. Yet, browser vendors should reconsider allowing stealthy access to autofilled login forms in the light of our findings. More generally, for every browser feature, browser developers and standard bodies should consider how it might be abused by untrustworthy third-party scripts. We found that login pages contain 25% fewer third-parties compared to pages without login forms. The analysis was based on our crawl of 300,000 pages from 50,000 sites. We tested the following browsers: Firefox, Chrome, Internet Explorer, Edge, Safari. To study password manager abuse, we extended OpenWPM to simulate a user with saved login credentials and added instrumentation to monitor form access. We used Firefox’s nsILoginManager interface to add login credentials as if they were previously stored by the user. We did not otherwise alter the functionality of the password manager or attempt to manually fill login forms. This allowed us to capture actual abuses of the browser login manager, as any exfiltrated data must have originated from the login manager. We crawled 50,000 sites from the Alexa top 1 million. We used the following sampling strategy: visit all of the top 15,000 sites, randomly sample 15,000 sites from the Alexa rank range [15,000 100,000), and randomly sample 20,000 sites from the range [100,000, 1,000,000). This combination allowed us to observe the attacks on both high and low traffic sites. On each of these 50,000 sites we visited 6 pages: the front page and a set of 5 other pages randomly sampled from the internal links on the front page. Mutation events to monitor elements inserted to the page DOM. This allowed us to detect the injection of fake login forms. When a mutation event fires, we record the current call stack and serialize the inserted HTML elements. Instrument HTMLInputElement to intercept access to form input fields. We log the input field value that is being read to detect when the bait email (autofilled by the built-in password manager) was sniffed. Store HTTP request and response data, including POST payloads to detect the exfiltration of the email address or password. To verify the findings of the automated experiments we manually analyzed sites that embed the two scripts that match these conditions. We have verified that the forms that the scripts inserted were not visible. We then opened accounts on the sites that allow registration and let the browser store the login information (by clicking yes to the dialog in Figure 1). We then visited another page on the site and verified that browser password manager filled the invisible form injected by the scripts. To supplement automated redaction, several of the session recording companies, including Smartlook, Yandex, FullStory, SessionCam, and Hotjar allow sites to further specify inputs elements to be excluded from the recording. To effectively deploy these mitigations a publisher will need to actively audit every input element to determine if it contains personal data. This is complicated, error prone and costly, especially as a site or the underlying web application code changes over time. For instance, the financial service site fidelity.com has several redaction rules for Clicktale that involve nested tables and child elements referenced by their index. In the next section we further explore these challenges. 3. Manual redaction of personally identifying information displayed on a page is a fundamentally insecure model. In addition to collecting user inputs, the session recording companies also collect rendered page content. Unlike user input recording, none of the companies appear to provide automated redaction of displayed content by default; all displayed content in our tests ended up leaking. Instead, session recording companies expect sites to manually label all personally identifying information included in a rendered page. Sensitive user data has a number of avenues to end up in recordings, and small leaks over several pages can lead to a large accumulation of personal data in a single session recording. For recordings to be completely free of personal information, a site’s web application developers would need to work with the site’s marketing and analytics teams to iteratively scrub personally identifying information from recordings as it’s discovered. Any change to the site design, such as a change in the class attribute of an element containing sensitive information or a decision to load private data into a different type of element requires a review of the redaction rules. As a case study, we examine the pharmacy section of Walgreens.com, which embeds FullStory. Walgreens makes extensive use of manual redaction for both displayed and input data. Despite this, we find that sensitive information including medical conditions and prescriptions are leaked to FullStory alongside the names of users. We do not present the above examples to point fingers at a certain website. Instead, we aim to show that the redaction process can fail even for a large publisher with a strong, legal incentive to protect user data. We observed similar personal information leaks on other websites, including on the checkout pages of Lenovo . Sites with less resources or less expertise are even more likely to fail. 4. Recording services may fail to protect user data. Recording services increase the exposure to data breaches, as personal data will inevitably end up in recordings. These services must handle recording data with the same security practices with which a publisher would be expected to handle user data. We provide a specific example of how recording services can fail to do so. Once a session recording is complete, publishers can review it using a dashboard provided by the recording service. The publisher dashboards for Yandex, Hotjar, and Smartlook all deliver playbacks within an HTTP page, even for recordings which take place on HTTPS pages. This allows an active man-in-the-middle to injecting a script into the playback page and extract all of the recording data. Worse yet, Yandex and Hotjar deliver the publisher page content over HTTP — data that was previously protected by HTTPS is now vulnerable to passive network surveillance. The vulnerabilities we highlight above are inherent to full-page session recording. That’s not to say the specific examples can’t be fixed — indeed, the publishers we examined can patch their leaks of user data and passwords. The recording services can all use HTTPS during playbacks. But as long as the security of user data relies on publishers fully redacting their sites, these underlying vulnerabilities will continue to exist. Two commonly used ad-blocking lists EasyList and EasyPrivacy do not block FullStory, Smartlook, or UserReplay scripts. EasyPrivacy has filter rules that block Yandex, Hotjar, ClickTale and SessionCam. At least one of the five companies we studied (UserReplay) allows publishers to disable data collection from users who have Do Not Track (DNT) set in their browsers. We scanned the configuration settings of the Alexa top 1 million publishers using UserReplay on their homepages, and found that none of them chose to honor the DNT signal. Improving user experience is a critical task for publishers. However it shouldn’t come at the expense of user privacy. We use the term ‘exfiltrate’ in this series to refer to the third-party data collection that we study. The term ‘leakage’ is sometimes used, but we eschew it, because it suggests an accidental collection resulting from a bug. Rather, our research suggests that while not necessarily malicious, the collection of sensitive personal data by the third parties that we study is inherent in their operation and is well known to most if not all of these entities. Further, there is an element of furtiveness; these data flows are not public knowledge and neither publishers nor third parties are not transparent about them. We used OpenWPM to crawl the Alexa top 50,000 sites, visiting the homepage and 5 additional internal pages on each site. We use a two-step approach to detect analytics services which collect page content. First, we inject a unique value into the HTML of the page and search for evidence of that value being sent to a third party in the page traffic. To detect values that may be encoded or hashed we use a detection methodology similar to previous work on email tracking. After filtering out leak recipients, we isolate pages on which at least one third party receives a large amount of data during the visit, but for which we do not detect a unique ID. On these sites, we perform a follow-up crawl which injects a 200KB chunk of data into the page and check if we observe a corresponding bump in the size of the data sent to the third party. We found 482 sites on which either the unique marker was leaked to a collection endpoint from one of the services or on which we observed a data collection increase roughly equivalent to the compressed length of the injected chunk. We believe this value is a lower bound since many of the recording services offer the ability to sample page visits, which is compounded by our two-step methodology. One company (Clicktale) was excluded because we were unable to make the practical arrangements to analyze script’s functionality at scale. Lenovo.com is another example of a site which leaks user data in session recordings. We used the default scripts available to new accounts for 5 of the 6 providers. For UserReplay, we used a script taken from a live site and verified that the configuration options match the most common options found on the web. Are you really anonymous online?

2019-04-20T16:46:31Z

https://webtap.princeton.edu/blog/

The message of Christmas is one of peace, joy and hope. It is a message much needed in our ravaged and torn world. It speaks of peace with God through a child born to bring us forgiveness, it speaks of joy through the release within us of a new, godly and wholesome life, and it speaks of hope in the knowledge and experience of God’s strength and support throughout this life and on into eternity. There is nothing automatic about this message, however; it demands a response. It calls us very simply and bluntly to come to Jesus and follow Him with heart and mind. The Christmas story is largely a mix of Luke’s account of Jesus’ birth and Matthew’s account. Both leave us in no doubt that the birth was miraculous in nature and of the Holy Spirit and that Jesus was Son of God. While Luke has a deeply touching side to the story, focussing much on Mary’s part in the birth, Matthew, however, by contrast presents us with a rather darker aspect of the event. Matthew mostly directs our attention to the Magi from the East – kings coming to worship “The King”. It is through the Magi we also meet Herod the king of the Jews, and it is Herod who casts the dark shadow on the narrative. Jealous for his power, brooking no possible rivals and cheated by the magi from finding Jesus, he orders a whole massacre of children in order to kill the one child who threatens his power. Matthew goes on to record the divine warning to Joseph to flee. As a result he takes Mary and the baby into Egypt as refugees and remains there until Herod dies. Even then it is safe only to return to the remoteness of Nazareth since Herod’s son is not to be trusted. This is a very different story from the picturesque idyll of the star shining on the manger. But why focus on the dark side of the story? Why not settle for the more comforting side of Christmas? After all, historically Matthew’s events happened sometime after Christmas. Very simply one reason is that the traditional presentation of the birth of Jesus, rightly or wrongly, has always included the “three kings” at the stable tableau. Christmas is not Christmas without the “three kings”! A much more serious reason is that, whether chronologically later or not, it represents a very important aspect of the full birth story. This darker side to the story gets more and more relevant to the world in which we are living, and we need to take note of it. Matthew himself clearly did not feel that what he wrote spoilt the story; on the contrary he felt it very important to record it. The fact is that the birth of Jesus was bitterly contested, and still is! Herod, of course, typifies the ruthless, autocratic power-seeking ruler who, having established his kingdom is prepared to hold on to it no matter how many people have to suffer or die to secure it, children included. This is by no means an unknown scenario in our modern world. We have seen this process unfolding in not a few nations in the early years of this millennium. Syria is perhaps the most blatant example where the early hopes of the present ruler and his wife of reform have shattered on the rock of an intransigent deeper family grip on power. It has cost thousands of lives, produced thousands of refugees and destroyed many cities. Further east Myanmar (Burma) is another example which stands out. And Africa seems to have more than its fair share of despots. The “Herods” are still numerous in this world, unfortunately. The story of the biblical Herod has, however, a specific dimension. His wrath was directed at Jesus. It was of no consequence to Herod that this Jesus might be the Messiah promised to the Jews. Herod was not racially a true Jew and was very conscious of being an “outsider”. He was not of a religious bent, and would have had little concern for the moral commandments of the Jewish religion. He had built the Jews a magnificent Temple but that was simply in order simply to gain favour with them and protect his power. The prospect of a Jewish Messianic King was something very different; such a rival was politically extremely dangerous for Herod, and was something to be prevented at all cost, something to be literally stifled at birth. Herod has not been the only despot who has sought to stifle Jesus (and His genuine Christian followers). It has been a feature of autocracy throughout history, and it remains so today in a marked fashion. The reason is not difficult to see. The lust for naked personal power has no place in the heart of Jesus or in his teaching. Whilst on earth He never sought such power for himself. Among the temptations Satan put to Him was the offer of “all the kingdoms of the earth”. Resisting it, Jesus “took the form of a servant”, for His objective was not self-centred greatness but the dire needs of humanity. Had He succumbed to the temptation He would have found Himself inevitably bound to follow Satan’s method of holding power, namely fear and force. Jesus’ “kingdom”, however, has a totally different method of control: it is a Kingdom of Righteousness and Love. Its characteristics are humility, not pride; peace, not war; generous giving, not accumulation of riches; forgiveness, not revenge. It is small wonder that self-seeking despots have no time for Christians who seek to walk like Jesus. Their emphasis on the value of each human person makes them inevitably a part of the opposition. They were much under threat from both Stalin and Hitler whose malign social engineering cost innumerable lives. To them Christians were dangerous. It is very much the same with the despots of our own generation. We read a great deal about Christians imprisoned for their faith in a considerable number of countries where fear, force and brutality is the only cement holding despotic rulers in power. The lust for power will always be in contention with the Christ child and those who worship him. Such contention must be a continuing focus for prayer. The Revelation of St. John is rarely associated with Christmas. It contains, however, an extraordinary apocalyptic vision of the birth of Jesus (Rev. 12). In this vision a woman “clothed with the sun” is seen about to give birth to a child. This child was to rule all nations (clearly a picture of Jesus). A Dragon awaits the birth to devour the child but the child is caught up to God and to His throne. The Dragon, enraged, made war, therefore, on those who followed the child and kept his commandments. This takes Matthew’s perspective to a deeper level, depicting the spiritual forces underlying the actions of Herod. The symbolism of the vision is lurid and seemingly grotesque, but the application is clear. The Christ was born to redeem the nations, indeed to redeem along with the nations the whole of creation, over which he would rule. Satan’s rule in this world was to be broken by Him. The attempt to devour Him failed. The child was swept up to heaven and will return to rule. What an extraordinary HOPE this is. It is the Christian hope of a new and redeemed world in which Christ rules in love and righteousness, and in which those who believe will live in the light of the presence of God. This is not a hope which might happen, but a hope that is sure and will happen. Herod failed, Christ won; the Jewish priests failed, Christ rose again; gross darkness covers the earth, but the Light of Christ will come in all its fullness. Thus even the darker side of the Christmas story is really pointing to a much greater light and hope. If our Christian hope is smaller than total redemption of the world as we know it then it is falling short of the glory to be revealed. “IT IS INCOMPETENCE ON A MONUMENTAL SCALE”. Mervyn King, former Governor of the Bank of England; on the planning and process of Brexit. “DARK FORCES CAN BE UNLEASHED WHEN PARLIAMENTARY POLITICS BREAK DOWN”. This week Theresa May brought her Brexit “Deal” into the Commons to be debated and hopefully to be accepted. On the first day before the debate had really begun the Prime Minister and the government were found in breach of contempt of the House on three separate issues. This was totally unparalleled in the history of the Commons: three in the five year life of one parliament was not unusual, but three in one day bordered on the absurd. This was a very ominous start to the week-long debate. It was the first cannonade of uproar that continued to resound in the Commons. One act of contempt stood out in particular; the Prime Minister had refused a full publication for the House of a report on the legal basis of her “Deal”. This had proved to be at the very least a misjudgement on Theresa May’s part. It was a failure to play her political cards correctly, and seemingly a result of an intransigence which would not take advice. True, it was not to her advantage in the debate to have the report published, but to have refused to publish simply made matters far worse in the event. It heightened the huge storm of protest (equally unparalleled) as she went on to outline and commend her “Deal”. By day three of the debate, the rancour and heated division had reached a point where she found herself isolated and pleading with some emotion that she had put everything she had into making the “Deal” the best she could; she had worked hard and long and withstood any amount of abuse in her efforts to do her duty. She begged for support for her plan. Not surprisingly, it seems to have had little effect – the issues were too deep and important for that sort of personal appeal. This illustrates the tragedy of Theresa May. Without any question there has been widespread recognition of her sense of duty and commitment to the best for the country and there has been recognition of her refusal to get embroiled in any kind of political mud-slinging. She has maintained great and exemplary integrity. Unhappily, however, severe misjudgements have clearly dogged her path. A readiness to get on with the job and “go it alone” in the face of the confusion of ideas may have seemed in one sense laudable, but unfortunately her decision to “go it alone” proved to be one of her worst misjudgements. Losing all semblance of support, she tended to lean over into a disposition toward autocracy, and, not listening to advisors she came up with a plan that was so unworkable it pleased nobody. “Incompetence” is a hard and derogatory word, and I have refrained from using out of respect for Theresa May’s integrity, but taking the Brexit process as a whole I think Mervyn King’s description of that process as being a demonstration of “incompetence on a monumental scale” has to stand as very accurate. What I am anxious to underline about this comment is something I stressed in the last blog, namely that it is the classic description of what happens to decision making in government when a nation disowns its Maker. Even if there is a degree of courtesy and genuine selfless concern in any particular politician for what is right it is not sufficient to stem any process of judgement. Misjudgements, and devastating misjudgements with dire consequences, are bound to be made when the fear of God remains as ignored as it is in our nation, whoever might lead. Such misjudgements are quickly seen as incompetence. The second quotation above, from the Press article, spoke of “dark forces” being released when normal “parliamentary politics break down”. Such a statement reflects with very great accuracy what can happen when political incompetence reaches such a degree that orderly government by due procedure and consensus starts to collapse. We can actually see this happening today in numerous places in our world where the dark forces of autocracy, violence and repression have begun to take over from disorderly democratic rule. Turkey is sadly perhaps the nearest country (being in Europe) to witness something of this downward spiral. The author of the article is not suggesting we have arrived at such a point, but he is certainly sounding a warning that we are moving in that direction. He noted that things become “problematic when there is a clash between the Executive and Parliament of the sort we are potentially seeing at the moment”. He warns against complacency about civil upheaval. Historically we can never overlook the collapse of the Weimar Republic and the consequent rise of Hitler’s dark forces in what was a highly civilised Germany. The fact is that the road ahead of us with Brexit is highly fractious and dangerous. Almost any direction we take will be divisive, and the chaos of bitter division is the point of entry for dark forces. What we need to recognise is that division and bitterness is again something that humanity walks into (whether in Parliament or anywhere else) when we move away from God’s pathway of righteousness. As a nation we have been under the growing judgement of God for some years. Rather than getting back to God we have as a nation rather increased the speed at which we are rejecting the moral behaviour which he requires. We have increasing lost any semblance of being a “God” culture, and we have reached a crisis point in His dealings with us. The greatest gift God could give us as a nation at the moment in His mercy would be that of sound competent and godly leadership, but to be sure of that the greater need is for the nation to find its way back to the God of its forefathers. Everybody apparently is bored with BREXIT; at least this is what the headlines have told us this week. Unfortunately we can’t afford to be bored! It is far too serious a matter. A huge amount depends upon the outcome. A well-known reputable weekly journal put the situation perfectly when one of its columnists wrote, “One thing increasingly clear in the fog of Brexit is that it is the most serious domestic crisis Britain has faced in the modern democratic era”. He went on to quote the transport minister’s remark that in its Brexit dealings the government was responsible for “a failure of British statecraft on a scale unseen since the Suez crisis in 1976”. He noted that others had compared “the current debacle” of Brexit to the IMF’s bail out of Britain in 1976 and the gold standard crisis of 1931. He continued, “In fact it is worse than anything else Britain has experienced in peacetime. The political system is all but paralysed, the country is divided into warring ideological tribes, the civil service is overwhelmed, and in the event of no deal, Britain would be staring into the abyss”. These are very serious comments. The Press is not averse to “building up” a crisis, of course – crises sell newspapers and journals! But these comments do not strike me as being in that category. Despite the “fog” of the Brexit process, it is patently obvious that we have a government in confusion and crisis, following a leader with whom very few agree and with whom most strongly disagree, and consequently utterly unable to come to any kind of real consensus at a time when the nation faces one of the most critical decisions of its history. The possibility of much greater chaos when the House of Commons debate the Prime Minister’s plans is all too real. The fall-out could be extremely serious, with political collapse leading even to dangerous autocratic political take-overs. No! We cannot afford to be bored – certainly Christians cannot – we have a responsibility. Serious as this massive political issue is, however, there is a much more serious issue surrounding it than just finding the right political solution. Irrespective of the issue being a complex Brexit, the sheer incompetence of the process, the appalling and aggressive nature of the in-fighting, the confused chaos of the process are all pointing to something deeper, something spiritual. This “something” needs to be stated bluntly, and it is that God is indicating his displeasure against the nation. This is the sort of thing that happens when nations do not walk in the “fear of the Lord”, and have no regard for Him and his moral requirements. They degenerate. To make this sort of remark is, of course, to invite from most people an immediate disdainful response. Such comment belongs, they reckon, to the “loony fringe”. The biblical prophets knew all about that kind of reaction! Such reaction is only to be expected, however, for this world has little time for God and its Maker as it blindly battles on in its own supposed “wisdom”. But those who have come to know the reality of a holy God have come to know that God is utterly central to our life and our well-being. They realise that He is not indifferent to the way we live but expects godliness and righteousness, and that if we do not walk that way we can meet with trouble in our lives! Furthermore our God is the God of the nations; he created them and expects of them what he expects of individuals. When they honour Him, he blesses them; when they arrogantly reject Him and his ways they meet with trouble – trouble of all kinds, and incompetent and chaotic government is frequently one such kind of trouble. This is not an obscure or extreme or “fringe” idea. It is written on page after page of the biblical record, and we meet with it in most of the books of the Bible. The Old Testament in particular is essentially a story about a nation – the Jewish nation. But it also the story of many other nations alongside Israel. As the biblical history of those nations unfolds, it is constantly commenting on the well-being or demise of those nations and demonstrating one essential theme; that those nations and their leaders who walk in God’s ways experience wisdom and blessing, and those who do not walk in his ways experience distress of every kind. This is no “fringe” idea; it is an utterly central idea, culminating in clear and definitive fashion with all the main biblical prophets. It is “fringe” only to those who have no time for God, though, sadly, it may also be “fringe” to those whose faith in God is only “personal” and does not grasp God’s deep concern for the nations. The lesson from the biblical record is that our “troubles” as a nation will continue (and get worse) as long as we insist on living the way we live. Violence is on the increase, sexual immorality and confusion abounds, greed, covetousness and corruption are very much with us even at the highest levels of society and seemingly know no bounds; and our children are more and more tainted with what is not good, but destructive. No, Brexit is not really the main national problem; it is only an ugly symptom of the main problem. The real problem is the systematic way we have strayed away from the fundamental requirements of God – “You shall love the Lord your God with all your heart, and your neighbour as yourself”. The second of those two requirements (love your neighbour) is totally dependent on the dynamic provided by the first (love the Lord your God). The nation has chosen a liberal secular belief system, opening the way for an increasingly self-indulgent life style, and the movement away from God has been swift. We have lost the anchor to which we have held (albeit often with lip service) for centuries. It is no longer woven into the national fabric. We have reverted to paganism. In all our praying for the nation (so desperately needed at this time) the confession of this must be paramount. We are left literally to the mercy of God. He is ready to judge, but he is able to have mercy and restore. There is no other positive platform for our prayer other than that of pleading his mercy. “It is of his mercies that we are not consumed“. https://understandingthetimes.org.uk/wp/wp-content/uploads/2018/11/Polical-Mayhem.jpg 600 900 Bob Dunnett https://understandingthetimes.org.uk/wp/wp-content/uploads/2016/11/logo2.png Bob Dunnett2018-11-29 17:43:312018-11-29 19:26:13POLITICAL MAYHEM! I have been listening in to some of the proceedings of the World Economic Forum’s annual conference in Davos, Switzerland. The conference brings together some 2,500 top business leaders, international political leaders, economists, celebrities and journalists for up to four days to discuss the most pressing issues facing the world. Over the years it has had bitter criticism as well as rough handling at the hands of protesters; it has been inevitably branded by conspiracy theorists as a world “take-over” group, and it has been maligned as the spearhead of globalization activists etc. Nonetheless it continues to be a place where international contact can be made between leading world politicians and those who are heading up the vast new business empires and the technological revolutions that are rapidly re-shaping our age At the same time the fundamental intention of the forum still remains the resolution of the tensions and difficulties in the world. To have such a forum is important. The subjects under discussion are wide, impressive and relevant. Theresa May, for example, has spoken at the Conference (very ably) on AI (Artificial Intelligence) – a massive issue for the future. Of course we have to acknowledge that in such a forum different interest groups (whether business or political) will inevitably watch carefully over their own interests, but there never has been in this world any kind of forum on any aspect of life where that has not been the case. Despite such divergent interests it remains a fact that such forums have done good and can still do some good. Finally it is worth noting that it is the brain child of a Business Professor of the University of Geneva, not a politician; the politicians are invited because the resolving of our the problems in our future society will require business and politics to operate together more than ever before. Watching all this as a sort of “layman” in a hideously technical and complex debate I am struck once again by the fact that the new modern world requires a huge amount of wisdom from those steering the vast changes that are taking place. I am alarmed by how little grasp even the best informed economists have on the vast fluctuations in the world economic processes. It’s not just economic wisdom we need, however. At another level the technological changes promise great gain, but at the same time are fraught with appalling social dangers: Face Book, for example, has brought great social gain and yet at the same time grave social dangers. We need wisdom for that. The problem in the modern world is not so much what we know as what we do with what we know. Knowledge is what we know; wisdom is what we do and how we handle what we know. It is wisdom we need. We know how to split the atom, but we need to understand what to do with that knowledge; we now know how to cram an infinity of knowledge on to a very small “chip”, but we need to know what we should and should not do with that chip! The world has excelled in knowledge over the last decades; it now needs to excel in wisdom! This wisdom, however, is not just scientific or economic or business wisdom. The wisdom that is called for is a wisdom that will restrain irresponsibility and evil self-aggrandizement; we do not want the “wisdom” that creates greater and greater profits for just a few, or that puts a few on higher and higher pedestals. That, unfortunately, is the horizon of too many powerful people. It’s a “selfish” wisdom. Rather the need is for a wisdom that creates a much wider and greater social benefit. In other words the wisdom required must have a strong underlying moral aspect. We want a wisdom that leads us away from the jungle of the “survival of the fittest”; we want a wisdom based thoroughly on responsibilities to people. That, of course, is a huge challenge to our self-centred humanity. The best of the Davos thinking would not disagree with that desire, I’m sure: indeed many of the discussions centre on human social needs. But the problem is to keep focused on such a desire! I do not think any algorithm will find the way to such wisdom; at best it would only affirm the intransigence of humanity in its propensity to do the wrong thing! It is precisely such wisdom that our Christian faith offers. That is fundamentally because it offers the strongest of moral bases. It constitutes a call to a deep personal rejection of pride, power, unlimited possessions, and an embracing of responsibilities for other people. The billionaires who make up the guest list of Davos are in grave danger of missing this call simply because of their worldly success, though some have clearly acknowledged the need of a moral basis for their discussions. The wisdom that the Bible offers is summed up in the simplest of terms: “The fear of the Lord (an awesome respect for his commandments) is the beginning of wisdom” in the Old Testament, and “Love your neighbour as yourself” on the lips of Jesus. A Holy God calls us to a personal rejection of all evil and to a simple trust in Him and his Christ. The world lacks wisdom simply because it does not walk with its Maker as it should, even though his “wisdom” has been conveyed to us it such simple terms. How wonderful and intriguing is the Christmas story! And not least is that dramatic part of it which tells of the visit of the wise men (or Magi). This visit of the “wise men” is in actual fact probably a little post-Christmas; Matthew’s Gospel alone records the incident and there is no mention of a “stable” or a manger, and Mary and her baby appear to have been found by the magi in a “house”. Reflecting this, their visit is celebrated in the Anglican Church calendar two weeks after Christmas day. Hence this post-Christmas blog. I hasten to add, however, that it is a very happy act of traditional license which puts the whole narrative together, since none of the meaning of the story is lost and, providentially (it seems to me), the traditional story ministers beautifully to the faith and imagination of children. That is important because the Christmas story indelibly underlines the value of children to God. Jesus, in being “made man”, lived in a womb, was born a baby and grew up as a child. Bringing up a child, therefore, is a great and important calling; no child should be an “afterthought”, much less an intrusion! They deserve an introduction to Jesus in such a beautiful and appropriate way. But there are, however, profound lessons for adults in the visit of the Magi. The main lesson stems from the fact that we have Magi (the number of them is not specified in Matthew, and neither is their precise status) who come “from the East” in order to worship this King who is to be born to the Jews. These men are not Jews; very clearly and significantly they are Gentiles. All the other participants in the Christmas story are Jews, even Jesus himself, and he is to be King of the Jews. The Magi have come to do homage to the king and to worship him. The true significance of this is that they are the forerunners of those who through the coming ages were to fulfil the great prophecy of Isaiah concerning his Messiah in which God said, “I will also make you a light for the Gentiles, that you may bring my salvation to the ends of the earth” (Isaiah 49:6). It resonates well with the remarkable account in Luke in which Jesus was brought into the Temple a month or so after his birth, and Simeon, full of the Holy Spirit and led by the Spirit, spoke prophetically over the child with very similar words, “my eyes have seen your salvation which you have prepared in the presence of all peoples, a light to lighten the Gentiles and for the glory of your people Israel” (Lk. 2:29-32). There is no doubt that this is exactly as Matthew understood the coming of the Magi; it was not just a gratuitous wonder story for the ignorant and illiterate, but a real event of great prophetic importance. These Magi were both fulfilling prophecy and also pointing prophetically to what the future would hold. He is saying to us in this story “Jesus is not simply Saviour to the Jews but to all mankind”. It is worth noting in this connection that Matthew not only begins his gospel with a focus on the Saviour and the “world”, but in his concluding chapter he leaves us with Jesus saying, “All authority in heaven and on earth has been given to me. Go therefore and make disciples of all nations” (Matt28:18). We are all familiar with the theme of the nativity of Jesus being attended by poverty and identification with the poor. Jesus was indeed a king but was not born in a palace, and his angelic heralds spoke to working shepherds not to royalty. But the Magi do not fit into this theme. Whether we can legitimately call them “kings” may be in doubt, but they were clearly men of very considerable substance, standing and wisdom, and professionally as astrologers would at the very least stand close to kings. They were important enough to stir the whole city when they arrived in Jerusalem asking where the King of the Jews was to be born, and Herod took them very seriously (Matt 1:3). Their exalted positon gives a further prophetic dimension; as they knelt before the child Jesus they represented the wisdom of the world submitting to the Christ of God, and they pointed to a fulfilment of Isaiah prophecy, “many nations will be amazed at Him, and kings will shut their mouths because of him” (Isaiah 52:15). We need to recognise that we are very much in our own times a witness to the prophetic truth of this story. Some of us, for example, have lived long enough to see tens of millions of people from all over the world becoming Christians and kneeling before Jesus. We have, for example, seen China not only drawing level with the U.S.A. economically and militarily, but also in terms of its Christian population. A century ago that would have seemed an impossible development on all those fronts, and least of all in the spiritual dimension. More recently, despite all the carnage revolution and war in the Middle East we have seen thousands upon thousands of Arabs coming to Jesus. The striking feature of these huge waves of conversions has been that they have taken place not for political or economic gain (producing “rice Christians”), but against the strongest political and religious persecution. They have been the result of the “power of the Holy Spirit”. Looking at the world from our place in the West it is almost as though we are hearing those words coming across the globe saying again, “We have seen his star in the East and have come to worship him”! In addition the miraculous manifestations of visions and healings by which many of these modern “Gentiles” have come to Jesus are equally reminiscent of the manifestation of the star of the Magi. I have listened to such testimony at source and their authenticity is not in doubt. There is one great difference between the story of the Magi and the story of Gentiles coming to faith in our own generation. The Magi were at the beginning of the process. We are at a point where the end seems to be coming into sight. As Christians, amid all the chaos and troubles of our time, we need to keep a clear grasp of the fact that the fulfilment of God’s purpose in bringing in the fullness of the Gentiles is moving at a pace we have never seen before. The world is currently a great harvest field and the reapers are very busy. Whatever else this year may bring forth, it will certainly bring widespread additions into God’s harvest. This is a fact which makes it possible to respond to the call to “Rejoice in the Lord!” whatever the outward circumstances. It should stimulate us to look for His Coming – the real Epiphany! What about “Herod’s Men”, and the dark shadow they cast over the story of the “Wise Men”? It is certainly not something appropriate for children to linger over with its gruesome description of the destruction of children. None the less, it puts a focus on one of the most disturbing features of reality that we are all too often seeing on our screens and reading in the news. Commonly described in art and literature as the “Massacre of the Innocents” the murderous work of Herod’s men is disturbingly prophetic. It is as much a part of our modern world as is the ingathering of the Gentiles. Indeed it is part and parcel of the story of that ingathering throughout history. Herod’s men have always been around and are still very much with us! Herod the Great was the archetypal autocrat; paranoiac and intensely jealous for his position, power and wealth. He was vicious, cruel, scheming, clever and utterly ruthless, and he had gained his power and maintained it by those means. Hearing of this new birth of a king from the magi, he immediately perceived a serious threat and so the child must be removed. If the child could not be identified every suspect child must go. But unhappily Herod is not just found in history. We can find a very considerable number of “Herods” in our modern world. Every day one or another of them is in the news. Some are petty tyrants, some rule very large countries. Like Herod of old they tangle with anything and anyone which has the true flavour of Jesus about them. Christians are an immediate threat to their pride and position, and to the reign of fear that alone keeps them in power. As creatures of darkness they hate the light of Christ. The sword is quickly out and the men that wield them move ruthlessly about their business of suppression. It was precisely in this way that Jesus himself died; though in his death the wrath of men was seen to work out the purposes of God, for no tyrant can suppress the Living God. So today we see not only a world in which the Gentiles are coming to Jesus in their multitudes, but a world in which the “powers that be” are all too ready to respond with the sword. The story of the Wise Men is no fairyland fable. It is a hugely prophetic paradigm for our times. Our eyes need to be keenly focussed on working for the light to shine more and more on the Gentiles, and focussed on those who in our generation live and suffer under the shadow of Herod’s sword. Christmas is close upon us, and this year no doubt, as with previous years, our Christmas cards will bring the word “PEACE” to our attention. Many cards will simply have on the front just this word “PEACE” in large letters against a suitable and richly coloured background. It should strike a deep chord. Peace is the deep longing and need of innumerable people all over the world. Everywhere, from needy individual hearts right up to the whole world of the nations, the cry is the same, a longing cry for peace. But it constantly escapes us. Yet this is the great promise of Christmas. This is what the angels sang about in the Christmas story, “peace on earth”; this is what was being offered; this peace is at the heart of Christmas. This is a very great gift; peace of heart and the deep serenity that surrounds it are worth more than a mountain of riches. Peace is a facet of “the pearl of great price”. For most people Christmas brings a temporary respite of parties, presents and festivities of different kinds. But “peace on earth”, where does that fit in? That seems like wishful thinking. It seems to belong to the “fairy story” bit of Christmas. The great traditional carol which starts off with the verse, “It came across the midnight clear that glorious song of old……..peace on earth, good will to men” continues, however, with the verse quoted above which speaks of the “world suffering through the woes of sin and strife”, of “two thousand years of wrong” and “man at war with man”. We can relate to that sentiment. It is certainly not wishful thinking, nor a fairy story. Violence, wrong-doing and strife make up the stark reality of life. The author was right to bring into his carol the sober reality of the strife of human existence. The Christmas story is not just a blind or ineffectual wishing of peace upon people. It goes much deeper than that. It recognises the fact that the world (that is people everywhere) has lost real peace and needs to know how to reach peace. It not only proclaims peace but shows the way to find it. The heart of the story is in the birth of a child, who is named by the angel as “Jesus”. Biblical names mean something, and “Jesus” means “Saviour” or “God saves”. His life’s work was enshrined in that name. He came to save people from their inherent propensity to selfishness and strife. In other words he came to challenge the fundamental problem of humanity, which is human “nature” as we know it. People have an inbuilt tendency to do the very things that destroy peace in their lives, and in Jesus God wants to do something about that problem. Running through the bible there is one very simple proposition concerning our human living, and that is that righteousness of life and peace are inextricably linked together. We are told quite bluntly that “there is no peace for the wicked” (Is. 48:22) but “the end of the upright man is peace” (Ps 37:37), and (more poetically), “righteousness and peace have kissed each other” (Ps 85:10), that is to say righteousness and peace “belong” to each other, they are united in the most intimate of ways. Peace cannot be dis-associated from character and godliness. So the Christmas story comes not simply with a vague wish for peace but with a clear challenge to live righteously and uprightly. The Christ child has a fundamental role to play in this. It is not simply that he was born to live a model life of righteousness himself, something for us to copy. Our problem of living uprightly is much deeper than that, for we do not have within us the resources to live a truly upright life. He was born first to bring forgiveness to each one of us, since each one of us has failed in the walk of righteousness, and second to impart to us his own Spirit by Whom we may receive the inner resources and motivation to live uprightly. Both of these can come to us, not so much by his life as by his death. The Cross saw him bear the punishment of our sins, and his resurrection led to him securing the gift of the Spirit of God to infuse us with both a longing for godliness and with the power to be godly. Christmas, then, is not just a party time! It’s a time of challenge. The challenge is to acknowledge our need of peace, our need to live in a godly manner in order to obtain it, our need to find the resources for godliness in Jesus and our need to come to him in faith and commitment. Where this is done peace will come, where this is rejected “Woe and strife will continue to prevail. The Christmas message is not peripheral sentimentality, but a fundamental need everywhere in our world. There are many who will find great peace by simply going into their own room and “kneeling at the manger” in commitment. God is interested and concerned for the small things (he made the atoms) and for the big things (he made the universe). He is concerned for everything he has made simply because he is the Creator and takes pleasure in what he has made. He is very concerned for the least noticed of individuals and equally concerned for the largest of nations. So he watches the nations and he weighs their actions; he watches their rulers and their people. He has never “switched off” from that concern and he has never put the world on “auto pilot”. But it was not just the Jews that were privileged to hear the “word of the Lord” from the Israelite prophets. It is quite clear that all the surrounding nations were given words of warning by those same prophets. They, too, were hearing of the expectations of justice and righteousness that God required from all nations. They were hearing of the judgements that would come if those expectations were not met. In the providence of God these prophetic pronouncements to the Jews and to the nations have come down to us in our generation in written form from several of these prophets, forming as they do a very significant part of the Old Testament scripture. These writings cover the best part of two centuries of prophetic activity. Together they form one large, continuous and united flow of the mind and heart of God as he dealt with the nations of that era. They all bear witness to a God who loves and requires righteousness and who brings about severe correction and judgement where they are where those requirements. They are not just of historical interest, though a knowledge of their history is essential in order to fully grasp their message. They are essentially a collection of the timeless principles on which God deals with nations, why they prosper and why they fail. They underline very clearly that God has dealings with the nations and that no nation can afford to neglect his laws. It is this that makes them intensely relevant to any real understanding of our own times. The prophetic warnings given more than 2500 years ago are as applicable as much today as they were then. God has not changed, people have not essentially changed, and nations have not changed despite the passage of time. In fact the similarities in behaviour from then and now are very striking. God is still at work among the nations today, he is still weighing them on the same scales of righteousness and justice and he remains a god who judges evil. How very sad, then, that the prophets remain a closed book for many of God’s people to-day; how very mistaken and foolish that we should think we have matured and those principles no longer apply. Jeremiah was born to be a person who would hear God speaking to the nations and would be required to speak out what he heard to the nations. He was hearing the “word of the Lord”! The words he spoke had a divine stamp on them; they were beyond human wisdom and human assessments. They were not just relevant to one generation but were valid for all other generations. God does not change – his principles abide. God’s commission to Jeremiah was very strong: “I have put My words in your mouth. See, I have set you this day over the nations and over the kingdoms, to root out and to pull down, to destroy and to throw down, to build and to plant”. Jer. 1: 9-10. Even as Jeremiah was commissioned with these words God emphasized what he was saying by touching his prophet’s mouth. Whatever the nature of that touch was, it utterly confirmed to Jeremiah that he was indeed speaking God’s word, not his own. He was to be God’s mouthpiece, God’s spokesman, God’s messenger. In a very real sense, however, this word to Jeremiah was even stronger than endorsing his credentials as a speaker of divine truth. The expression “I have set you this day over nations … to destroy … and to build” almost seems to convey on Jeremiah a power to bring about on the nations what he is pronouncing over them. It is as though Jeremiah himself is destroying or building. The phrasing is quite astounding. What it means is that by simply speaking out prophetically God’s word for a nation Jeremiah would also actually bring about the enactment of the word. By simply speaking judgment as God’s mouthpiece, he would cause judgement to happen. This is understandable if we keep in mind the fact that in principle when God declares something will happen then his very declaration is the first step in making it happen; God speaks and what he speaks comes into being. This is fundamentally how creation itself came into being – “God said let there be light, and there was light”. God in fact underlines for Jeremiah the importance of his speaking out by giving him a vision. It is a very simple but unusual and enigmatic vision of an almond tree (1:11-12). God asks Jeremiah what he sees. Jeremiah replies, “An almond tree”. The Hebrew word for “almond tree” is almost exactly the same as the word “watching”, and it’s as though Jeremiah had said “watching”. God’s interpretation of the vision to Jeremiah was “I am watching over my word to make it happen”. In this way God was making sure that he understood that he was not prophesying mere words but words which God had every intention of making happen. It is indeed astonishing that God should require his word to be spoken out as crucial for it happening. For Jeremiah it was sharp reminder that he was not just playing with words but that his prophesying was integral to what God was going to do. It was a ministry of power, not just words. Jeremiah was also warned by God of the opposition he would receive as he declared the “word of the Lord”. He was told that the kings of Judah, the princes, the priests and the people would all “fight against him” (Jer.1:18-19. In the main the thrust of the prophecies would be of judgement on nations bent on idolatry and self-indulgent behaviour. It would not be well received, but would be met by self-justification and even hatred and violence. That fact in itself was also ultimately to be enshrined in our Scriptures, that those who spoke up for righteousness would be hated and rejected in a nation that was bent on godless ways. God opened the eyes of his prophet Jeremiah as he looked hard at the people of Judah, and amongst the many revelations that both impressed and hurt him was the realization that everywhere he looked there was dishonesty and deceit. When the word of the LORD came to him about this matter it was very sharp and jolting, “Truth has perished!” Doubtless there were people in Judah who were honest and trustworthy but the prevailing characteristic of the nation was an embedded dishonesty. The apple, so to speak, had one or two green patches but on the whole it was rotten. And the rot was growing – it was virtually impossible to stop it. I wonder how we in our own country and in the West generally might score in God’s sight on this issue; how rotten is our own apple? The fact is that lying, deceiving, dissimulating, insinuating, accusing, backbiting and the like are constantly being exposed in the business world, the political world, the financial world, and the professional world as well as the world of work generally. Ironically most of the exposure comes largely through the world of media which itself becomes more and more hypocritical and deceitful. The emergence of “fake news” has added a whole new and dangerous dimension to all this. Perhaps the most disturbing feature, however, is the fact that in all these areas many of the very highest echelons of leaders seem to be involved in this deceit and lying. It was, for example, something of a shock that in the motor world the deliberate falsification of the readings of the emission level of diesel engines was not something that came about through dishonest activity in back street garages, but was programmed into the original instruments of the cars during manufacture with the connivance of the people at the highest management level of the most “reputable” of car makers. Likewise the revelation that numbers of M.P.s were grossly falsifying their expenses accounts equally brought shock waves. It seemed that in precisely the places that you would expect honesty and integrity the opposite was to be found. The scam of “injury compensation” touted by unscrupulous lawyers brought defamation to a profession where one would certainly have expected integrity. The notion that those who have the most responsibility should show the greatest honesty is not now a sentiment that is commonly held. When the leaders, makers and shakers, and the role models of society behave without integrity and truth the cancer soon spreads throughout society. A society that cannot look up to its leaders for good examples of living is a society that is in decline. Lies and deceit are, of course, really the offspring and consorts of other and worse behaviour. Those whose lives are bent at all costs on securing positions of power and influence find that their ambitions are frequently to be gained and kept by false accusations and deceits; it is very difficult for them not to undermine rivals with slander and gossip, and more difficult still to maintain integrity in an atmosphere where it is lacking. For those whose main aim is riches in abundance deceit, lying, falsification all too often become an easy tempting road to success. Adultery or “having an affair” inevitably leads to a destructive web of deceit and denials. What we may conclude from this fact is that a society which can be characterized as dishonest will be invariably a society in which much deeper evils are to be found. Lying is the fungus growing on the deeper decay. The important question is whether we are looking at something in our nation that has always been there and not exposed, or whether we are witnessing something of a real and serious moral decline. People have always lied, but has it ever been quite so rampant? The answer to the question has been coming from a number of different directions and there seems little doubt there is a consensus that we are in fact seeing a moral decline. The sanctions which kept control over our behaviour have now either gone or been severely weakened. The area of sexual behaviour probably provides the clearest evidence of this. Certainly what was viewed as pornographic only a decade or so ago is now mainstream in all kinds of publications and not just tabloids. Two or three decades ago such publications would have produced an outcry. But in an increasingly self- indulgent money-obsessed society we have seen the loss of sanctions in all directions, and particularly the sanctions which are a crucial aspect of a Christian culture and which have lapsed with the retreat from Christian faith. The Ten Commandments no longer stand tall in the background of life and warn of danger. When the word of the LORD, “Truth has perished” came to Jeremiah it did not mean that only speaking honestly and with integrity had died among his generation. It also meant that the truth about God has also perished in their midst. Their understanding of God, their fear of God, their trust in Him and their keeping of his ways had all been lost in preference to a clinging to idols of their own creation. People were worshipping what they had made rather than the Creator who had made everything. Their idols were in every way more convenient for their life-style, particularly since they called for no sanctions on their behaviour. On the contrary their idols encouraged loose sexual behaviour along with riotous living. In our own day man himself, the human being, has become the great idol and put centre stage. The human rational intellect is seen as the fountain of wisdom and to be lauded above all else. But man, like other idols, does not in himself bar the way to easy access to sexual looseness and riotous living. The call is now to trust our enlightened grasp of science and technology – this will give us the answer to everything. Philosophy (the love of wisdom) has replaced theology (the study and understanding of God), even though philosophers themselves have made it clear that philosophy is not likely to change behaviour. Ours is a generation which has lost the “Truth”. Pilate asked Jesus, What is truth?” He did not receive an answer, but Jesus had already made the answer very clear in his teaching with the words, “I am the way, the truth and the life”. God, and God alone, is truth at the deepest level. It is because we have lost the TRUTH Himself that we have inevitably become a people who cannot speak the truth. It is God who hates lies and deceit and demands utter integrity. Without his Spirit we inevitably fall from the grace of honesty. Remember, Jeremiah is not carrying out an historical survey of Judah; he is a prophet with a message from God, and the message is one of judgement on societies which are too blind or clever to acknowledge their Maker and his ways.

2019-04-18T23:03:59Z

https://understandingthetimes.org.uk/category/recent/

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2019-04-22T09:01:32Z

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Context. The first long-term in-situ observation of the plasma environment in the vicinity of a comet, as provided by the European Rosetta spacecraft. Aims. Here we offer characterisation of the solar wind flow near 67P/Churyumov-Gerasimenko (67P) and its long term evolution during low nucleus activity. We also aim to quantify and interpret the deflection and deceleration of the flow expected from ionization of neutral cometary particles within the undisturbed solar wind. Methods. We have analysed in situ ion and magnetic field data and combined this with hybrid modeling of the interaction between the solar wind and the comet atmosphere. Results. The solar wind deflection is increasing with decreasing heliocentric distances, and exhibits very little deceleration. This is seen both in observations and in modeled solar wind protons. According to our model, energy and momentum are transferred from the solar wind to the coma in a single region, centered on the nucleus, with a size in the order of 1000 km. This interaction affects, over larger scales, the downstream modeled solar wind flow. The energy gained by the cometary ions is a small fraction of the energy available in the solar wind. Conclusions. The deflection of the solar wind is the strongest and clearest signature of the mass-loading for a small, low-activity comet, whereas there is little deceleration of the solar wind. Comets show large changes in their appearance as their distance from the Sun varies. Closer to the Sun, volatile materials on the comet nucleus start to sublimate, forming a neutral cloud that becomes partially ionized by solar UV radiation and charge exchange processes. When the comet activity evolves, the complexity of its interaction with the solar wind also changes. At large distances from the Sun the solar wind directly impacts the surface of an atmosphereless nucleus in an asteroid-like interaction, while at smaller heliospheric distances the solar wind permeates a thin, partially ionized, unstructured coma. When the comet activity is even higher (or the comet is closer to the Sun), the coma is much denser and plasma boundaries form, creating a cometary magnetosphere (Szegö et al. 2000, Sect. 4.1; Koenders et al. 2015). In situ investigations of the interaction between active comets and the solar wind started in the mid-80s with the International Cometary Explorer (ICE) visiting P/Giacobini-Zinner in 1985, and Giotto, Vega-1 and -2, Suisei and Sakigake examining P/Halley in 1986. Giotto went on to probe P/Grigg-Skjellerup in 1992. Although these missions provided valuable information about the structure of a cometary magnetosphere and its interaction with the solar wind at a given time, the fly-by nature of these missions did not enable the study of the evolution of this interaction as the heliocentric distance changes. The Rosetta spacecraft spends most of its time close to the nucleus of comet 67P/Churyumov-Gerasimenko (67P), scanning the cometary environment out to a maximum of 1500 km only. However, Rosetta has stayed in the vicinity of 67P for two years giving us the unique opportunity to monitor and study in situ how the interaction evolves as the comet transforms from an almost atmosphereless object into an active nucleus (Glassmeier et al. 2007a). The Rosetta spacecraft completed its long voyage to comet 67P in early August 2014 and recorded the first traces of cometary ions upon rendezvous. The first results from the plasma measurements made at 67P describe the early phase of the comet’s transformation. The first observations of cometary water ions and solar wind deflection were reported by Nilsson et al. (2015b), with the subsequent enhancement of comet water ion fluxes around comet 67P down to a heliocentric distance of 2 au described in Nilsson et al. (2015a). The local cold ion environment and its relation to the outgassing from the nucleus is described in Goldstein et al. (2015) and Edberg et al. (2015). First reports on the magnetic field environment showed strong wave activity in the vicinity of the comet (Richter et al. 2015). At low activity, the solar wind is lightly mass-loaded with freshly ionized cometary particles. As these new-born ions are accelerated by the solar wind electric field, energy and momentum are transferred from the solar wind to the coma. Considering the complete system (i.e. the entire coma), the solar wind loses the energy gained by the cometary ions (often referred to as “pick up” ions, as they are picked up by the solar wind). A simplistic view of light mass-loading: energy and momentum are transferred from the solar wind (red streamlines) to the cometary ions (blue dots) in a pick up process. Conservation of energy and momentum leads to a deceleration and deflection of the local solar wind. The most basic expectations are illustrated in Fig. 1: the solar wind flow is deflected from the comet-sun line and slowed down, as new born cometary ions are accelerated. The gyroradius of the new born ions is much larger than the ion source, so these ions move essentially along the solar wind electric field within the ion source region. The newly created electrons on the other hand have a gyro-radius smaller than the source region, and can be expected to E × B drift. This might lead to charge separation and, in turn, to new dynamical effects (Nilsson et al. 2015a; Behar et al. 2016). Coates et al. (2015) have discussed how such a situation near a low activity comet with a small coma may be more similar to barium release experiments than to higher activity comets. The first observations at comet 67P indeed showed solar wind deflection and water ion acceleration approximately orthogonal to the solar wind flow direction (Nilsson et al. 2015b). The plasma dynamics of solar wind deflection at 67P at low activity were further studied in Broiles et al. (2015) and Behar et al. (2016). In these two studies, it was shown how the solar wind deflection direction and the direction of the acceleration of newborn cometary ions are both correlated with the local magnetic field direction, consistent with the transfer of momentum described here-above. Once the comet activity has increased above the very low level of the initial observations, the cometary ion flow direction has a main anti-sunward component (Nilsson et al. 2015a; Behar et al. 2016). Behar et al. (2016) discuss this in terms of a polarisation electric field developing in the coma as electrons and ions respond differently to the solar wind electric field on scales below the ion gyroradius. We limit our study of the evolution of the interaction to the solar wind protons. This population reflects the interaction with the cometary ions experienced all along its trajectory through the coma. We expect the solar wind protons to exhibit both deflection and deceleration and we compare our expectations to the measured deflection and speed. In addition to the ion measurements, we consider the local magnetic field, which is highlighted as one of the major drivers in the solar wind-comet interaction by Broiles et al. (2015) and Behar et al. (2016). The in situ data recorded onboard Rosetta represent a single-point probe of the whole system, with little spatial coverage over time. Energy and momentum are transferred, via the electromagnetic field, over a larger volume. In order to get a large-scale view, we use a hybrid model of the coma-solar wind interaction. This model provides a global picture of the interaction, allowing us to get an estimate of the size of the region involved in energy and momentum transfer. Considering the simplicity of our theoretical approach, we choose to define and use a fairly simple model as well, involving only the major components in the system. Cometary water ions are added to the solar wind flow through ionization of an isotropic neutral outflow. The model thus does not have a solid obstacle for the solar wind, nor does it have gravity or momentum transfer by collisions. By proceeding in this manner, we hope to isolate and identify the main drivers of the plasma dynamics at a comet, at low activity. We focus the study on the early period of the Rosetta mission, from the arrival at the nucleus (3.6 au) to a chosen distance of 2.2 au from the Sun. Closer to the Sun, a larger mass-loading of the solar wind results in a different dynamical regime in which, based on preliminary observations, either more radical or new effects occur. To mark this separation, we refer in this study to the phenomenon of light mass-loading, in opposition with a heavier mass-loading regime occurring later on. Particle data used in this work were produced by the Ion Composition Analyzer, part of the Rosetta Plasma Consortium (RPC-ICA). This instrument is an ion mass-energy spectrometer aimed at studying the interaction between the solar wind and positive cometary ions at comet 67P (Nilsson et al. 2007). RPC-ICA data consist of count rates given in five dimensions, namely time, energy per charge, mass per charge, and incoming direction (two angles). Full energy scans are produced every 12 s and full angular scans are produced every 192 s. The energy spans from 10 eV up to 40 keV in 96 steps with a resolution . The instrument field of view is 360° × 90° (azimuth × elevation), with a resolution of 22.5° × 5.0°. Mass is determined through a position detection system with 32 anodes, which we will refer to as mass channels. The radial position of ions on the detector plate is a function of both mass and energy. The magnetometer (RPC-MAG, Glassmeier et al. 2007b) measures the three components of the magnetic field vector, with a frequency of 20 vectors per second. The measurement range is ±16 384 nT with an accuracy of 31 pT. RPC-MAG is mounted on a 1.5 m long boom in order to minimise the impact of spacecraft-generated disturbance fields. In this work, the magnetic field amplitude was averaged over 10 h of data. In order to characterise the protons detected by the instrument, the very first step was to identify and separate them from the rest of the observed ions. On the left panel of Fig. 2, counts integrated over one day are given as function of mass channel and energy, and different species are identified on this energy-mass matrix. The strongest signal was acquired for protons, and over 90% of proton counts were detected in mass channels 26 and 27 (surrounded by dead mass channels). During the period covered by the study, protons were always separated from other species in the energy dimension, at the daily time scale. In the left panel of Fig. 2, protons (the lightest particles) form the rightmost population, at highest mass channels. At about twice the energy and shifted to the left He2 + particles are found, followed by He+ particles at about four times the proton energy and further to the left (lower mass channels). Cometary ions are found in the lower left corner, corresponding to lower energy and higher mass. We have manually selected the proton energy, one selection per day. This selection was then used for all full angular scans (of 192 s) during each day. The selection window which identifies proton counts and rules out the rest of the counts is defined for one day in energy-mass space, as follows: only mass channels 26 and 27 were considered, and we use an energy interval manually selected. This resulted in the red rectangle window over-plotted on the left panel (Fig. 2). One example of an energy-mass matrix (left panel) and the corresponding proton fit (right panel). To determine the average direction of the proton flow, we computed full angular distributions (azimuth-elevation) with all counts in the selection window included. We calculated the direction of the bulk velocity in the body-Centered Solar EQuatorial (CSEQ) reference frame. The xCSEQ axis is along the sun-comet line, pointing to the Sun. We computed the solar wind deflection as the angle between − xCSEQ and the flow direction. The same method is presented with more details in Behar et al. (2016). This resulted in one series of deflection angles per day. The time resolution is 192 s. Later on, we calculated the median of each series. In Sect. 3 we work with the time series of median deflection values, one median value per day. On the right panel of Fig. 2, a normal distribution (solid red line) is fitted to the selected protons (solid blue line), along the energy dimension. In this example, the distribution is integrated over one day. To capture fast variations of the proton energy distribution, the fit parameters were calculated at the full angular scan time resolution (192 s). We collected the central energy value, the height and the Full Width at Half Maximum (FWHM). This resulted in a time series of fit parameters, one series per day. The time resolution was 192 s. Later on, we also calculate the median of each daily series, and work in Sect. 3 with a series of median fit parameters. To model the interaction between the comet 67P and the solar wind plasma, we used a self-consistent hybrid plasma model where we included a production of cometary ions. In the hybrid approximation, ions are treated as particles, and electrons as a massless fluid. Below we present the governing equations for the solver and the comet model. See Holmström (2010, 2013) for more information about the solver. The trajectory of a particle, and , with charge q and mass m, is given by the solution of the equation of motion with the Lorentz force, F: (1)with E′ = E−ηJ to conserve momentum since electrons are massless (Bagdonat & Motschmann 2002), where E = E(r,t) is the electric field, B = B(r,t) is the magnetic field, and is the current density. The electric field is not unknown, and is calculated by (2)where ρi is the ion charge density, Ji is the ion current density, pe is the electron pressure, and η is the resistivity. The gradient of the electron pressure is calculated by imposing quasi-neutrality and a polytropic index, γe. In this study we chose an adiabatic index, corresponding to γe = 5/3. Faraday’s law is used to advance the magnetic field in time, (3)In vacuum regions, that are defined by the number density of ions being less than a given value, n<nmin, we set 1 /ρi = 0 in Eq. (2), and Faraday’s law is reduced to solving the magnetic diffusion equation, (4)A constraint on the time step has been inferred since the field cannot diffuse more than one cell per timestep, (5)where Δt is the time step and Δx is the cell size. The time step is for moving the particles (ions). The electromagnetic fields can be updated more frequently (subcycled) since it is usually computationally cheaper to update the fields compared to moving all the particles. The number density of water vapor, n, as a function of the distance, r, from the comet nucleus is (6)where Q is the production rate of water vapor, and u is the mean velocity of water vapor in the radial direction. However, if one accounts for losses (mainly due to photodissociation), the flux will decrease exponentially with time, t = r/u, as the molecules move outwards from the nucleus, and one gets (7)where νd is the photodestruction rate of water vapor. The water vapor ionizes with a certain ionization rate, νi, and creates water ions, H2O+. The water ion production rate as a function of distance becomes (8)where, in the implementation, the number density of water, nH2O, is taken at the center of each grid cell for each time step, generating the prescribed amount of ions at random positions in that cell. Note that neglecting the neutral bi-products of water once they are created will barely change the density of neutral water if the mean-free-path due to photodissociation, u/νd, is much larger than the size of the simulation domain, which is true for all cases studied in this paper. Other models used by, for example, Hansen et al. (2007), Koenders et al. (2015), have similar first order approximations that instead neglect the creation of neutral bi-products. The coordinate system we use in the hybrid model is a body-centered coordinate system. It is centered in the middle of 67P. The x-axis is pointing towards the Sun, with solar wind flowing in the − x direction, making it the same x coordinate as in the CSEQ reference frame, which is the only coordinate addressed in the observations. The z-axis is pointing in the direction of the ambient convective electric field, and the y-axis completes the right-handed system. We assume that the IMF has a Parker spiral configuration, that is the IMF lies in the xy-plane. The convective electric field is given by E0 = −v0 × B0, where v0 is the undisturbed solar wind bulk velocity, and B0 is the IMF which is initially homogeneous everywhere. The simulation domain is given by | x | < 6 × 103 km, | y | < 12 × 103 km, | z | < 18 × 103 km, with a cellsize Δx = 125 km. We set the plasma resistivity to ηp = 1.6 × 104 Ohm m, to dampen numerical oscillations. We assume a vacuum resistivity of ηv = 2.5 × 105 Ohm m, which is used when solving the diffusion equation of Faraday’s law (Eq. (4)) for regions of a number density less than the arbitrarily chosen nmin = n0/ 16, where n0 is the ambient solar wind proton number density. To summarize: (9)The electromagnetic fields were updated 20 times for each time step, Δt = 3.5 × 10-2. The simulations were run for a total of 120 s to reach steady-state. The water production rate of a comet changes with distance from the sun. We used Q = 1.14 × 1029·R-7.06 [s-1], where R is the distance to the sun in au (Simon Wedlund et al. 2016). The neutral expansion velocity is observed to be relatively constant around u = 0.7 km s-1 (Simon Wedlund et al. 2016), so we used that value. Water ions are produced in the simulation according to Eq. (8). We used scaled values, 1 /R2 with heliocentric distances, for photoionization and photodestruction from Crovisier (1989), where a mean value was taken between active and quiet Sun conditions. At 1 au this gives a photoionization rate of νi = 6.5 × 10-7 s-1 and a photodestruction rate of νd = 1.78 × 10-5 s-1 (Crovisier 1989). In the model we used typical solar wind conditions at 1 au from Cravens (2004) scaled to the heliocentric distances of 67P. The undisturbed solar wind plasma parameters at 1 au are a bulk velocity of v0 = 400 km s-1 in (neglecting aberration), a number density of protons being n0 = 5 cm-3, and a temperature of ions and electrons being constant at Ti = 0.5 × 105 K and Te = 1 × 105 K, respectively. The interplanetary magnetic field (IMF) has a magnitude of 7 nT with a Parker spiral angle of χ = 45°. To model the evolution of the solar wind interaction with the comet as the comet approaches the Sun, we chose six different heliocentric distances ranging from when Rosetta arrived at the comet at around R = 3.6 au, to R = 2.0 au. Six cases are summarized in Tables 1 and 2, that can be compared with similar cases modeled by Hansen et al. (2007). Solar wind conditions used in the model. Cometary parameters used in the model. Time series for: deflection angle (first panel), speed (second panel), energy distribution width (third panel), peak centre variability (fourth panel) and magnetic field amplitude (last panel). RPC-ICA data are given by red dots – every dot is a daily median. Peak width and peak central value are given by the fit parameters. RPC-MAG magnetic field amplitude is averaged over 10 h. Blue lines are either results from the hybrid model (first and last panels) or results from the MEX solar wind speed propagation (second panel from top). The evolution of the angle between the proton flow direction and the comet-sun line is given in Fig. 3 (top panel) for both the model and the observations. We assume the upstream solar wind is flowing radially from the Sun, and the presented proton deflection angle is then the deflection relative to this assumed initial radial flow. Broiles et al. (2015) and Behar et al. (2016) previously reported a significant deflection of the solar wind for precise cases, and we now consider a much larger time scale. The observed deflection increases smoothly with decreasing heliocentric distances, reaching a median daily value in the range of 30 to 90°. The model displays the same trend, with a non-linear increase reaching a value of 40°. One would expect the first observed deflection values in the time series to be very close to 0°, since the mass-loading at the time is extremely light. This is seen in the model results, but the deflection is larger in the observations. A closer look at the observed data reveals that the Sun, as seen in the instrument field of view, was just a few degrees away from the spacecraft body. This partial obstruction of the solar wind flow and the way the instrument software handles it (onboard computation) should have a significant influence on the computed deflection, until around mid-September 2014. By comparing panels 1 and 2 of Fig. 3, one can see that the variability in deflection is anti-correlated with the measured proton velocity. To estimate the upstream solar wind speed at 67P, we used solar wind speed measured by the Ion Mass Analyzer (IMA), which is one of the sensors in the ASPERA-3 instrument package (Barabash et al. 2006) onboard Mars Express. IMA is an ion spectrometer almost identical to RPC-ICA. We propagated the speed from Mars to 67P, with the assumption that solar wind conditions are identical along a Parker spiral, and remain unchanged over time. We calculate the delay for the Parker spiral to get from one body to the other. Thus delays can be positive as well as negative. Over the period of the study, the propagation delay started at a high value of 12 days, meaning that what is measured at Mars at one time will be a good estimation at 67P 12 days later. This delay becomes shorter than 4 days after December, to end up at values around 0: the Parker spiral intersects both bodies simultaneously, as shown in Fig. 4. In other words, this propagated speed should be more reliable when getting closer to the end of the period. Position of Earth (blue), Mars (red), and 67P (black) in J2000 coordinate system during 2015-02-26, with part of their orbits. The Parker spiral intersecting Mars for that day is also intersecting 67P (dotted). The propagated solar wind speed is shown as a blue line in the second panel from the top in Fig. 3. Propagating large variations in the speed results in large time periods not being covered (gaps in the blue line): the propagation delay is a function of the solar wind speed, and two different events measured at Mars at two different times can arrive at the same time at the comet, or even in the opposite order of occurrence. We get a very good agreement between the estimated upstream speed and the speed measured inside the coma. RPC-ICA data time coverage gets better with time during this period. Thus after January, we have better statistics, and more reliable solar wind upstream speed (as pointed out above). The average deceleration after January is about − 40 km s-1 from estimated upstream speed to the point of measurement, but no clear trend can be discerned. The uncertainty on this deceleration estimation is rather large, extremely difficult to quantify, and does not allow us to judge whether or not deceleration is systematically observed during the later period. Some features measured at Mars and propagated to the comet are in fact not observed at the comet. Even though the expected delay taken into account when propagating the observations from Mars to the comet is small during the second half of the time period, the absolute distance between the two bodies is never less than 1.7 au. We make the assumption that solar wind conditions are identical along a Parker spiral, but it is obvious that the larger the distance between the two bodies, the worse this assumption gets. The hybrid model shows a constant deceleration over the period, with a maximum deceleration of 60 km s-1 at 2.2 au (cf. Fig. 5). This is consistent with the range estimated from the data for the deceleration. Deceleration seen in the model between a point upstream and the nucleus. The maximum deceleration is 60 km s-1 at 2.2 au. Number density of solar wind protons together with their bulk velocity as a vector field a), and the magnetic field magnitude b). Cuts through y = 0 for the comet at 2.35 au, case five. The ambient solar wind number density is 0.9 cm-3, and the ambient magnetic field is 2.3 nT with a Parker spiral angle of 67°. The location of the comet is marked by black cross-hairs. It appears that with decreasing heliocentric distances, the variability of the proton speed (or energy) at the 192 s resolution increases, as seen in the 4th panel of Fig. 3. The variability is given as the difference between the 5th and 95th centiles of the proton peak central values (in energy) observed during one day. At the beginning of our period of study, this variability is about 50 to 100 eV (100 to 140 km s-1). It reaches values of several hundreds to a thousand electron-volts at the end of this period. By comparing panels 2 and 4 of Fig. 3 one can see that the variability of the proton speed in the coma correlates with the upstream proton speed. The FWHM of the fitted proton spectra, (Fig. 3, 3rd panel) doesn’t appear to correlate with heliocentric distance, but correlates with the upstream proton velocity. In the last panel of Fig. 3, the magnetic field amplitude increases with time and decreasing heliocentric distance, from 5 nT ± 2nT to around 20 nT. The peaks in the magnetic field amplitude correlate well with peaks in the proton speed. The model (solid blue line in the same panel) also results in a similar relative increase, from 1.5 to 6.6 nT, though the magnetic field magnitude is lower. The model shows a less dramatic increase compared to the observations. Finally, the morphology of the interaction when the comet was at 2.35 au can be seen in the hybrid model results in Fig. 6. The solar wind observed inside the coma, close to the nucleus, is a good tracer of the interaction between the solar wind and the coma. The spacecraft altitude did not change significantly during the investigated time period; the spacecraft spent 90% of the time below 100 km in altitude. Thus the variations we observe are to a large extent temporal, and not spatial, and the evolution of the proton flow parameters directly reflects the time evolution of the plasma environment. We expect the solar wind to be deflected and slowed down. Both the deflection and the deceleration should increase with increasing comet activity, or a decreasing heliocentric distance. Significant and increasing deflection is observed during the whole period of study, and data from the later part is consistent with deceleration, but we cannot observe a clear trend in this deceleration. All of the aspects of the protons we have been studying over this period present detectable changes that can be correlated with either the heliocentric distance or the upstream solar wind velocity. The decreasing heliocentric distance gives the main trend in the evolution of the deflection, the magnetic field amplitude, the energy variability and, in the model, the deceleration. The variability around this main trend seems to be associated with the upstream proton velocity: the proton peak width together with the proton energy variability present the best correlation with the upstream speed, but an anti-correlation with deflection is also seen for intermediate heliocentric distances. The main peaks in the measured magnetic field amplitude are also aligned with peaks in upstream velocity. With the resolution we get after data analysis, no physical aspect other than the heliocentric distance and the upstream solar wind speed is needed to describe the evolution of the deflection and the energy distribution of the solar wind protons. Even though we noted that the degree of deceleration of the protons was difficult to assess from our data, we can clearly state that the protons are largely deflected, but not significantly slowed down. Thus the force applied on the observed protons must be near-orthogonal to their velocity, all along their trajectory to the instrument. The observed protons have not lost a significant amount of energy. During the investigated time period from August 2014 to March 2015, the magnetic field amplitude | B | measured at the spacecraft increased to average values of approximately 20 nT. We therefore have an augmentation of | B | following the comet activity escalation, but also an augmentation of | B | along a proton trajectory, from upstream of the coma to the measurement point. In the undisturbed solar wind, the magnetic force qvH+ × B and the electric force qE are cancelling each other, the Lorentz force F = q(E + vH+ × B) is balanced and null. It is of great interest to put this increase of | B | in opposition with the rather small deceleration of the solar wind. Without an opportune new configuration of the local electric field in both amplitude and direction, the Lorentz force applied on the protons is not equal to zero anymore. The solar wind protons are perturbed by this increase in | B | along their trajectory. A significant part of their motion can now be seen as gyrating rather than a true bulk drift. The fact that the magnetic field is enhanced without a corresponding deceleration of the protons indicates that the protons are no longer coupled to the magnetic field, or a significant part of their energy is now in a gyromotion, with a reduced bulk drift. Lorentz force per charge acting on the bulk of the solar wind protons of a cut through y = 0 for the comet at 2.35 au, case 5. The solar wind proton bulk velocity is given as a vector field a). The force acting perpendicular to the solar wind bulk velocity, vH+, deflects the solar wind protons a), where a positive value is taken as counter-clockwise gyration by convention. The force parallel to the solar wind bulk velocity changes the solar wind speed b), where a positive value results in a deceleration. The ambient convective electric field is 0.85 V/km. The location of the comet nucleus is marked by black cross-hairs. We observe a force applied on the solar wind protons in the coma, a force mainly orthogonal to their bulk velocity. This force is therefore efficient in changing their momentum, but acts less efficiently on their energy, that is, their speed. Both momentum and energy are transferred to the water ions through electromagnetic fields. Haerendel (1982) and Brenning et al. (1991) for example, in the context of barium releases, depict a momentum transfer along Alfvén waves propagating from the cloud (artificial coma). So the previous observation raises the question about the actual shape of the regions where energy and momentum exchange takes place. In particular, these regions are not necessarily identical. Since we only have a one-point measurement to assess the situation, we must turn to the modeled interaction to see the larger picture. In the hybrid model, we can separate the Lorentz force, F = q(E′ + vH+ × B) into two components: the force acting parallel to the solar wind proton bulk flow, , and the force acting perpendicular to the flow, F⊥ = F−F∥. The perpendicular component acts to make the bulk of the solar wind deflect, while the parallel component acts to change the solar wind speed. Hybrid model results for the comet located at 2.35 au, case 5, show that the Lorentz force, F, is primarily making the bulk of the solar wind protons gyrate and thus deflect towards the direction opposite of the convective electric field (− ẑ). The perpendicular force, F⊥, deflects the protons in a counter-clockwise manner in the xz plane, seen in Fig. 7a, where the bulk velocity of the solar wind protons are given as a vector field. The parallel force, F∥, which is slowing the solar wind down, is much weaker (see Fig. 7b, where a positive value corresponds to deceleration). This is in agreement with the in-situ observations. The regions of deflection (perpendicular force) and deceleration (parallel force) are of comparable sizes and shape, but with different strengths. It is interesting to note that the gyroradius of a pick up ion in the undisturbed solar wind is 3 × 105 km, which is much larger than the interaction region of about 103 km. The interaction region leading to deflection and deceleration of the solar wind protons corresponds to the region where the newly ionized water is accelerating along the convective electric field, E0. As the heliocentric distance decreases from 3.6 to 2.2 au, the observed solar wind is increasingly deflected, up to 90°. The modeled interaction results in the same evolution of the deflection angle, with a lower maximum value than observed. In contrast with this strong deflection, the observed solar wind is not significantly slowed down, with an estimated deceleration of 40 km s-1 at heliocentric distances between 2.65 and 2.2 au. The modeled deceleration is consistent with the observations. The strong proton deflection is the most obvious signature of mass-loading at a small comet, while little deceleration is observed. This may also have important implications for other objects where the interaction region is small compared to the gyro radii of pick up ions. The interplanetary magnetic field at the orbit of Pluto is very small and the pick up ion gyro radius correspondingly large, in the order of 1 million km. If there is significant mass-loading of the solar wind due to an extended atmosphere upstream of the bow shock at Pluto, this interaction is likely similar to that of a small scale comet. The New Horizons spacecraft observed very little deceleration of the solar wind at its flyby of Pluto (Bagenal et al. 2016; McComas et al. 2016), while no clear data on solar wind deflection has been published. McComas et al. (2016) reported a clear pressure-related plasma boundary forming between the ionosphere and the solar wind at Pluto, so in this respect Pluto behaves similarly to other unmagnetised planets such as Mars and Venus. As contrast to the single-point limitation of the measurements, the model enables us to describe the complete picture of the interaction. In the model, the region where energy is transferred and the region where momentum is transferred are close to identical. The force acting on the solar wind protons has a main component orthogonal to their bulk velocity. This confirms and completes the picture we get from the observations, in which solar wind protons are seen as almost gyrating. The region where momentum and energy are transferred from the solar wind to the coma is centered on the nucleus, with a dimension in the order of 103 km. But this localized interaction has significant effects on the downstream solar wind flow over much larger spatial scales. The solar wind is in fact seen piling up in the (− z, − x) quadrant, a region where neither momentum nor energy are significantly transferred. This happens where the deflected solar wind intersects the nearly undisturbed solar wind. This research was conducted using resources provided by the Swedish National Infrastructure for Computing (SNIC) at the High Performance Computing Center North (HPC2N), Umeå University, Sweden. The software used in this work was in part developed by the DOE NNSA-ASC OASCR Flash Center at the University of Chicago. The hybrid solver is part of the openly available FLASH code and can be downloaded from http://flash.uchicago.edu/. The simulation results are available from the corresponding author on request. This work was supported by the Swedish National Space Board (SNSB) through grants 108/12, 112/13, 96/15 and 94/11. We acknowledge the staff of CDDP and IC for the use of AMDA and the RPC Quicklook database (provided by a collaboration between the Centre de Données de la Physique des Plasmas (CDPP) supported by CNRS, CNES, Observatoire de Paris and Université Paul Sabatier, Toulouse and Imperial College London, supported by the UK Science and Technology Facilities Council). We are indebted to the whole Rosetta mission team, Science Ground Segment and Rosetta Mission Operation Control for their hard work making this mission possible.

2019-04-23T20:09:38Z

https://www.aanda.org/articles/aa/full_html/2016/12/aa28797-16/aa28797-16.html

Others who are employing intensive insulin therapy may find they are gaining weight simply because they are over-treating low blood sugar reactions with way too many calories, she says. From the products examined, I’ve figured Mega Food’s 40+ multivitamin is an excellent multivitamin for females over 50. It fits increased nutritional needs while being low in flat iron content also. This is one reason why women who suffer from eating disorders often stop menstruating. For the benefit of our readers, we’ve secured 50 trial bottles from an accredited supplier. Though premenopausal women generally have lower cholesterol than men, women have higher triglyceride levels generally. If you’re following the Bulletproof Diet and eating more than enough red meat and organ meats, you’re probably getting plenty of iron. My guess is that the high workout load plus a healthy” zero fat diet is causing many of you guys never to loose the fat or the belly. You likely have noticed lots of people who’ve beer bellies because they beverage a substantial amount of alcohol. Put simply, tea drinking is a great anticancer technique for fiftysomething women. The entire minute I added caffeine back into my diet was your day I stopped losing weight, sigh, I love my one glass of coffee a day time:-( anyhow dearly, I really do feel less bloated when I stop drinking it. I’ve examine tons on Paleo, menopause, bioidentical hysterectomy and hormones. I have looked at many websites about weight loss et c. but I have to find one that would work for people over 50 : this when you have to start out taking into consideration gout the crystals level as important as anything – simply this means no legumes and focus on be studied with the type and level of meat. Daily iron requirements are best for women before age 50. Iron is important for many reasons, including the production of proteins and providing oxygen to cells. There are several medicinal herbs with a vast variety of benefits including those which will address the problems which affect mid and post-menopausal women. Most of the details that you see all around will tell you that in case you are intent on living a healthy life, you will need to make changes on your diet and only eat those foods that are low on body fat. In both men and women, caloric or healthy undesired fat restriction directs environmental alerts that can impact how our genes are portrayed. For folks 50 and older, two respected lab tests organizations recommend Centrum Metallic, Adults + 50 (Est. To lose excess weight, overweight 50-year-old women may need 1,000 to at least one 1,200 consumption of calories if they’re sedentary and weigh significantly significantly less than 165 pounds daily, or 1,200 to at least one 1,600 calorie consumption a day if they workout or weigh 165 pounds or more regularly, based on the National Heart, Blood and lung Institute. Both women and men thrive on using the Bulletproof Diet roadmap, and the book includes these important modifications women can make to get even better results. Some women will have to re-feed twice a week or even more once they’re in maintenance mode. Magnesium has hundreds of features throughout the body, but its role in bone health is important for women over 40. It really is involved in bone formation as well as balancing the concentrations of specific vitamin and hormones D, all of which are important for preventing bone loss. Our 2016 Weight Reduction Winners Dropped AN IMPRESSIVE 770 Lbs. The scariest thing about the weight gain after menopause could it be seems to occur to even active and fit women. Most of the sites you’ll find when doing searches like this are either marketing pages created by vendors, or best diet pills for women” testimonials sites where in fact the owners earn a commission for everything they sell off. Once that quickness is accepted by you of fat loss isn’t the aim, your next step should be to abandon all deadlines. The Institute of Medicine recommends women aged 50 and older consume at least 21 grams of fiber every day. Starting with light weights, weight training two to three times a week and stretching afterward can help you lose weight and prevent excessive soreness. In the long run, the best weight loss proteins for women may be the fish, lean eggs or meat within their diet. It looked at 4,317 nonsmoking adults more than age 65 in four counties in the usa, who recalled their weight at age 50. When Harvard Medical School scientists followed 68,183 females for 16 years, they discovered that those averaging five hours of shut-eye per night were 32 percent more likely to get 33 pounds than those that got seven hours a evening. I am wondering, first, if your medications caused at least component of your weight gain. Men – particularly when they begin making better dietary options and exercising more – tend to lose weight faster than women because of hormonal differences and because they have higher levels of lean muscle mass. They tell me their advice remains the same for just about any post menopausal weight gain: grab your activity and lessen calories. It is recommended that women over 50s, consume in least 21 grams of dietary fiber every full day. Maintaining a healthy weight can be an intelligent health decision in any age, but men over the age of 50 are especially well-suited to reap the benefits of a successful exercise and weight loss regimen. Sometimes we need a lot more than food to get all the vitamins and nutrients we are in need of, when dieting especially. We won’t be coping with unnatural causes for excess weight loss like illness or tension that often lead to unhealthy, fast weight loss in women, which of course isn’t desirable. We’ve put together a collection of stories & case research of HealthQueens’ friends and followers, so that you can observe how other women over 50 are applying this information. Thyroid is a very common problem with women after 50. I don’t know why a doctor would won’t treat it, though. People who diet and make an effort to lose weight are more likely to experience major weight gain than nondieters. Sugars is a culprit in weight gain at any age, but when your metabolism has slowed down especially. Your best bet for losing weight at 50 is to ditch the processed and fast foods and to shift right into a whole foods-based diet filled with fruits and vegetables, whole grains, beans, nuts, healthy fats and oils, and lean protein. Some health supplements, like raspberry ketone, may indeed be good diet pills for women – but only when the ladies have low expectations. Kidney disease can cause weight loss since it often involves nausea / vomiting, making it difficult to keep food down. Begin taking charge of the #1 factor to optimal health and weight reduction – your gut – today with these powerful strategies. Women should use caution, read the labels and conduct research on their own regarding the benefits and pitfalls of natural weight loss supplements. Yes, I think it will be safe to assume that you are insecure with your weight or else you would not have typed this query in to the search box. Many women over the age of 55 turn to weight-loss pills for help in their weight loss battle. For a moderately active woman trying to lose weight, a 1,300-calorie regimen of whole foods supports gradual, healthy weight loss without sacrificing nutrition or satiety. The natural loss of lean muscle starts in your accelerates and 40s after you reach 50. While exercise and quality nutrition can mitigate the loss, some loss is inevitable. This implies creating a caloric deficit to greatly help them reach their weight loss goals. Though these dark nights, the doctors picked 8 best weight loss meal plans to cause you to fit over 50. In addition, attending to on the daily calories consumption can be one the weight loss diet women over 50s should consider. Menopausal weight gain happens steadily over a longer period of time usually, not just three months. If you’re dieting under the pump of a strict deadline, it stresses you out and enables you to feel tempted to accomplish short-term unhealthy things such as starve yourself, instead of focussing on a far more long-term approach. We wished to get her professional and personal feedback about what make a good work out DVD program the very best weight loss DVD program and what are the ingredients that are required if you want to claim that you have the best weight loss videos. They’re even less effective for those over 50. For both sexes, you are likely to have to battle harder to lose those extra pounds,” says Quebbemann. If you’re 53, you can’t expect to lose weight at the same price as a 23 yr old. Menopause pounds gain can be very challenging and this may be the time that women often look for support and understanding. But by far, the simplest way to regulate what you eat is by using a genuine diet for weight loss. It takes time to figure out what is at the core of fat loss issues, and that’s what we do in functional medicine – we reach the bottom level of it so that it can be corrected. Lose 20 Pounds Fast : Tired of carrying those extra pounds anywhere you go? Once you start eating quite normally you regain the weight (and then some) because your body’s metabolic process hasn’t returned to normal (it’s still sluggish). You can start with a 30-minute brisk walk or bike ride five times a week and slowly build-up your intensity as your fitness level improves. But the rate of slimming down goes to more or less equal for both men & ladies at the … end nearer to ideal weight on BMI calculations. Research indicates that consuming a supplementary 14 grams of dietary fiber a day is connected with a 10% decrease in calorie intake and a loss of 1lb of weight per week body weight. Making that small change for just once a day computes at a saving of 43,435 calories a calendar year or a weight lack of 12lbs (approximately 6kg). Another population for whom rapid weight loss might be contraindicated is the elderly. A 2 week 400 calorie PSMF was secure and efficient in obese patients, especially in comparison to a 400 calorie liquid proteins diet. In the entire case of serious weight issues, we recommend that you combine all the methods listed below, and you ought to be able to visit a apparent difference in just fourteen days. Many women fall short within their protein intake, according to Precision Nutrition, but getting enough protein can in fact help you shed pounds. If you are taking extreme methods to lose weight faster, you will gain most or everything back probably. From the moment I changed my diet, I started dropping weight at the price of a pound each day, and that held for 20 days. Remember that losing pounds is about making healthy changes in your life that you can stick to – and not only a one-time diet. In general, ladies in their 60s need 1,600 to 2,200 calories a day to maintain their weight. The question remains a significant one not just since the answers are not clear but because there are a big number of women who supplement their workout routines with steroids. I’ve been primal eater for about 4 years and despite initial weight loss, the past 3 years of low-carb, high-fat (actually bouts of VLC) got the scales stalled. And in dropping from 14.8% body fat to 4.5%, he loses strength, his testosterone plummets, and his mood worsens – the contrary of what goes on to the obese if they drop weight fast. If intermittent fasting isn’t for you, the next most sensible thing for losing weight fast is to be on a low-carb diet. The first is that the feminine human brain may be hard-wired to consume when food is available because women want nutrition to support pregnancy. While you might be tempted to eat as few calories as possible to lose weight more quickly, don’t cut a lot more than 1,000 calories each day, or eat less than 1,200 calories daily – if that means your energy deficit is smaller than 1 even,000 calories. There was the paper from 2010 showing that among middle-aged obese ladies , those that lost weight the quickest were the probably to keep it all off after 18 months. But if I eat 1500-1900 calories each day, and keep carefully the carbs in the Primal Sweet place of 50 – 100 carbs each day, and workout at least three times per week, I continue to lose weight. The researchers recommend that to maintain physical strength and health, older women dieting should get a higher percentage of their calories from protein. To lose weight fast, people should do regular physical exercise and eat a healthy and proper diet. Studies show that overweight women who have lose between 10lb and 20lb halve their risk of developing diabetes For guys, the chance of heart problems reduces considerably. But generally speaking, the more a female breast-feeds, the greater an effect it shall have on her weight loss, she said. This will help you stay full during your keep and fast you hydrated which makes losing weight easier. With my clients I teach them to put into practice measurements to obtain a good indicator of improvement instead of scale weight. As you get older, your calorie-burning capacity decreases, which means you can’t eat just as much as you used to without gaining excess weight. Thyroid is a very common problem with women after 50. I don’t know why a doctor would won’t treat it, though. Securing to pregnancy weight can result in serious health consequences down the road, putting moms at risk designed for chronic conditions like cardiovascular diabetes and disease. The usage of human growth hormone for women is also popular Although, that one isn’t a steroid per say, it has grown in popularity in the last few years as well. Building muscle via strength training is usually a girl’s best friend with regards to losing weight. Both men and women are prone to an all-or-nothing method of weight loss (for example, after a binge, figuring, Well, I blew it. I might aswell go all out!”). Heey, i have to lose weight and i have to lose weight fast, since it makes me miserable just, i need a diet that can help, pleaaseee! The Academy of Dietetics and Diet advises that starting in their 40s, women need to eat a diet plan that’s rich in nutrients to greatly help fight the battle of the bulge and also provide the nutrients necessary to delay the aging process. Not all of the experts agreed that all of the pounds had to come off within six months. While hormones play a role in weight gain for females over 50, so does lifestyle. THE PALEO DIET: Ideal for weight loss, Paleo encourages you to eat just like a cave-woman by cutting out all processed food items, grains and legumes to concentrate on eating what was available at the time – things like animal protein (i.e poultry, fish), eggs, fruit, nuts, seeds & veggies. The WHI was launched in 1991 and consisted of a set of clinical trials and an observational study, which together involved 161, 808 generally healthy postmenopausal women. With both styles of activity, women over 50 can see some noticeable changes using their metabolism as they exercise their bodies and keep the fats updating muscle from taking hold, slowing their metabolism in the process. Women with small shape sizes have ideal body weights that are ten percent lower than medium-framed women, and large-framed women should add ten percent, according to California Talk about University. The Harmony Cleanse from Plenish is targeted at anyone who requires a diet and lifestyle plan overhaul. My doctor recommended the DASH diet for me, but I possibly could not get my blood sugar down just. Eating at least 3 servings of iron-rich foods a day will help ensure an sufficient amount of iron exists in the daily diet. The Mayo Clinic’s Adequate Intake recommendation for ladies is 2.2 L, or 9 cups, of beverages per day. Now Dr. Lana spends her times as a natural fertility and pregnancy consultant using Bulletproof techniques, and this experience has helped evolve specific Bulletproof Diet tips for women. WE ARE ALL Different: No two women are the same, which is excatly why most cookie-cutter weight loss programs fail. I would wish to try out this diet.I am 60, am an artist on the road all the time and have elevated blood pressure. nutrition to the right areas while women are engaged in these activities. Cold-water seafood like salmon are also excellent for ladies above 50, as these contain heart-healthy omega-3 essential fatty acids which may bring down degrees of triglyceride in the blood. On carb re-feed days, you should adhere to Bulletproof Diet ideas and eat up to 300 grams of Bulletproof carbs like special potatoes, carrots, and white rice, NOT gluten, corn syrup, glaciers cream, and cherry turnovers. These weight loss programs are effective for girls over 50 also. All you need to do is keep tabs on what you take in, exercise a little, and the rest shall fall set up. Personally, i follow a ketogenic diet with 10% carbohydrate, and I have removed from very heavy, painful, two week long regular periods starting at age group 10 (yes, a decade old – that isn’t a typo, and I am currently 29) to extremely light, painless, 3 day long bloat-free intervals about every eight to nine weeks. LOW CARB DIET: There’s a good reason the low-carb diet is so well-known and popular among women, it works! Vitamin D: The RDA for supplement D is 10mg/day for ladies aged 51-69 and 15p,g for women aged 70+. I have never heard about this diet but sounds like something I would love which could actually work for me. While hormones are likely involved in weight gain for females over 50, so will lifestyle. Hormone replacement remedy (HRT)-Use of the female hormones estrogen and progestin (a synthetic form of progesterone) to displace those the body no longer produces after menopause. Don’t reproduce!” The female body responds much more to these signals for reasons that should be pretty apparent dramatically. The DASH diet seems to be a sustainable and practical way to alter our eating habits. In addition, paying attention on the daily calories consumption is also one the weight loss program women over 50s should consider. Even though women as of this age are the most vulnerable to putting on weight and obesity-related problems, failing on one’s diet is not advised, as your body has its own daily requirements of nutrients. Based on the National Academy of Sciences, the suggested daily calorie consumption is 2,000 for girls. The thought is intriguing and she says goodbye to fruit and starches in her diet. Good weight-loss programs with an emphasis on fruits and vegetables that might help women over 50 lose weight include the DASH diet, the Mediterranean diet and the Mayo Clinic diet. Current evidence suggests that a potential benefit exists with little risk, even at doses of 1 1,500 mg/day in nondiabetic, nonpregnant women. LOW CARB DIET: There’s a good reason the low-carb diet is so well-known and well-liked by women, it works! Eating at least 3 servings of iron-rich foods each day can help ensure that an sufficient amount of iron is present in the daily diet. A 1,200-calorie meal plan, which can be an appropriate weight-loss diet for some women over age 50, includes a daily allotment of 4 ounces of grains, 1.5 cups of fruit and vegetables, 1 cup of fruits, 2.5 cups of dairy products, 3 ounces of protein foods, 4 teaspoons of oils and 121 extra calories from high-protein foods. Here’s a glance at some of the most popular weight loss programs for women which have evidence to aid they actually work. In both men and women, caloric or healthy fat restriction sends environmental signals that can impact how our genes are expressed. A significant volume of women find that plain intermittent fasting causes problems including sleeplessness, anxiety, adrenal fatigue, and an irregular menstrual cycle, among a myriad of other hormone deregulation symptoms. These weight loss programs are effective for females over 50 also. All you need to do is keep tabs on what you eat, exercise somewhat, and the others will show up set up. Women in their 50s who aren’t eating a healthful diet may experience the symptoms of nutrient deficiencies, although they might be subtle, Sheth says. You could also consider the volume of preparation essential for the cleansing diet program of your decision. It might take some time to see results, but the results may happen and they’ll bolster women over 50 to keep up the hard work and keep maintaining this new lifestyle they’ve adopted, living much longer and happier lives. To be able to appear and feel good, it’s important to add a multitude of food types in your diet. More specifically, if you have been carrying out a fat rich diet, it is time to change it out. As a woman above 50 years, you should be aware of certain well balanced meals that will allow you to lose weight and live a fulfilling life. The Bulletproof Diet is for folks who wish to be strong, powerful, slim, and toned; who run their own empires, raise healthy families, and will not allow their diets (or anything else) to destroy their performance. Following studies showed that the dietary plan also recognized weight loss as well as a reduced incidence of breast cancer, diabetes, colorectal cancer, cardiovascular disease, and stroke. A diet plan with low fat content can make you feel sad because you are depriving the mind off the meals it requires to be able to operate in the right manner. The Institute of Medication recommends women aged 50 and older consume at least 21 grams of fiber every day. Weight gain in ageing women is common because of decreases in muscle tissue, the accumulation of surplus fat and a lower resting metabolic process. Diane Sawyer, who at age group 68 looks trim and strong astonishingly, has worked out with Jim Karas, a trainer who, she’s said, got me personally in the best shape of my entire life.” Karas, like Stokes, encourages interval-based weight training; he discourages working and repetitive cardio, which can needlessly stress joints and increase appetite. In addition to helping you burn up more calories for weight loss, HIIT helps you lose stomach fat while retaining muscle mass also, improves aerobic and anaerobic fitness and is good for heart health. Your best bet for slimming down after 50 is to go slowly – maintain a healthy diet that provides the most nutritional benefits for your calories, and remain physically active. In his book TAKE IT!”, Tony recommends eliminating sugar, processed foods, gluten, caffeine, and alcohol, and dairy consumption. Staying fit and active can ensure that you will be able to continue your normal daily activities. I am taking my fitness pretty seriously in the last eight years, having ignored it for the prior 50. It has been a journey involving an enormous quantity of learning for me, and then putting what I’ve discovered into practice. If you are a female older than 60 and you intend to reduce abdominal fat, an assortment is had by you of exercises from which to choose. I gave birth to my second child immediately after my forty-first birthday, and my post-pregnancy body scared the hell away of me. I stepped up my video game, and I am healthier than I ever have been now. At a higher-than-average surplus fat percentage, some exercises might be difficult and require modification especially, at least until you get more powerful and lose some physical body fat. Regular weight training strengthens the bones and helps offset osteopenia and osteoporosis. The Fun, Fit & Over Fifty Club (FFOFC) includes adults over 50 years of age and promotes their physical, intellectual, and social health. This focused work helps CrossFitters and athletes in other sports move better and more effectively – both during training and in their everyday lives – and maintain balance in their bodies. Having a dog is a great way to push you to do your daily cardio and if you haven’t established a good habit of daily cardio by age 50 then you NEED to be forced and a dog is an ideal way. Just a few minutes of balance training exercises every full week might help maintain balance and agility. And according to a 2014 research published in the journal BMC Public Health, you’re more likely to take pleasure from a high-intensity workout and stay with it. In the study, individuals who engaged in group-structured, high-intensity functional training like CrossFit reported higher pleasure, and more of them said they planned to continue the program compared with individuals who involved in a moderate-intensity training curriculum. We have recently been awarded Lottery Funding to supply a chaperon service that provides 4 free 2 hour outings to all or any those over the age of 50 living in Tameside, to aid people to get on trips within their community, for example shopping, visiting friends or perhaps a visit to the recreation area or pub. Women over 50 may also find retirement and financial planning advice on Next Avenue’s website Those who have the time and funds may possibly also enroll in a personal finance course at their neighborhood university or consider hiring a financial adviser. 5 EASY Ways A Treadmill Can Help You Lose Weight &amp; GET A LEAN BODY! Interviews with community members who have are taking antipsychotic medicine for mental health problems have added to growing concerns about how exactly the medications are administered, their performance against placebo and the severity of their side-effects. Only use a weight you can manage, which is challenging but without causing you to strain, and only raise the amount of weight used by 5 to ten percent increments at the most every time. Your best bet for losing weight at 50 is to ditch the processed and junk food and to shift into a whole foods-based diet filled with fruits and vegetables, whole grains, beans, nuts, healthy fats and oils, and lean protein. Exercising at higher intensity is among the most effective methods to lose weight after age 50, provided your physician approves. The effectiveness of the natural remedies depends are your actual age, how long your skin was stretched and the quantity of weight lost. When 12 repetitions is easy to complete, add more weight and perhaps additional sets. A report published in The American Journal of Clinical Nourishment in 2005 found that individuals on a diet who concentrated on eating more foods that were low in energy density were more successful in losing weight than those that tried to eat smaller food portion sizes and reduce their fat consumption. While you might have been in a position to eat whatever you wanted in your teens and 20s without gaining an ounce, days past are often long-gone by the time you hit 35. Aging slowly depletes your body’s muscle tissue, which slows your fat burning capacity, and, in turn, causes that all-too-familiar weight gain as you improvement through adulthood. That doesn’t mean reducing your weight is impossible, though, or that you need a fundamentally different approach to weight loss than a man – it just might take a little longer to attain your goals. Unless you consume enough nutrients to gas your own body’s increased activity levels, the body might actually reduce its metabolism, making weight loss more difficult. Aging decreases the number of calories burned at rest, which decreases the true number of calories that you should consume to maintain your weight. Federal health regulators about Tuesday authorized an inflatable medical balloon that aids weight loss by filling up space in the stomach. The reason being as you age, your metabolism slows down, and you begin to lose muscle mass also. For excess weight maintenance, sedentary men over 50 require 2,000 calories a day, while active men need 2 moderately,200 to 2,400 calorie consumption, and incredibly active men should ingest 2,400 to 2,800 calories. The decrease, says the American Council on Workout, becomes most dramatic for women if they hit 50. That means if you easily burned 2, 000 calories a complete day when you were an energetic 20 year old, at 50 you may only be burning about 1,550 calories daily. Weight gain anytime, including menopause, can result in health problems, such as high blood type and pressure 2 diabetes, but weight gained during menopause might boost the risk of developing breast cancer, while losing weight during menopause might reduce your risk of developing the disease. US regulators on Wednesday approved a fresh kind of pacemaker-like device that aims to greatly help people lose fat by stimulating a nerve that runs from the brain to the stomach. For safe weight loss, at the rate of just one 1 pound a complete week, women and men have to create a calorie deficit of 500 calories daily, either by eating less, ramping up their physical activity, or doing a mixture of both. Where your metabolism is concerned, 50 is not the brand new 30. Resting metabolic rate – the amount of calories your body burns while at rest – decreases as both men and women get older, which means you need fewer daily calories as you age. The American College of Sports activities Medicine advocates at least 250 minutes weekly of moderate-intensity cardio exercise to achieve substantial weight loss. Follow the recommendations from your nutritionist and be patient diligently, as healthy weight loss comes slow but steadily. For a better, secure browsing experience, we’ve produced the tough decision to no longer support early versions of WEB BROWSER (8 and below) and Firefox (22 and below). The best solution is what most of us already know: -exercise three times weekly; -eat good food (an excellent stability on carbs proteins and excess fat like 50% 35% 15%); DONT skip meals that will trigger your body in starvation mode; eat smaller meals every 4 hours. There will be days when healthy eating is out the window, and there will be weeks where you might not lose any weight – or put a little back on. I wanted to share this because I am reading community forums for oodones, and barely find any information that reducing fat and increasing good carbs (to around 75-100g) can in fact help women lose weight. You can also join a excess weight loss boot camp to be able to reduce extra fat from body. Unless you have so very much weigh to lose that your doctor prescribes a very-low-calorie diet, you can safely lose excess weight on your own by reducing your daily calorie consumption by 500 to at least one 1,000, which will make you lose about 1 to 2 2 pounds per week. A 2013 study published in the American Journal of Clinical Nutrition established that women are additionally emotional eaters than men. Most women need no more than six servings per day or only two per meal, perhaps much less if you’re petite or less active. And over the next couple of weeks, a woman may also be prepared to lose the excess weight of the extra liquid in her body that built up during pregnancy. Individualized total daily calorie needs for weight reduction vary predicated on weight but are usually around 1,200 calorie consumption for women. Going into another pregnancy at a higher weight can put both mom and the developing baby in risk for medical complications, such as gestational diabetes and hypertension. Women who exclusively breast-feed burn about 500 extra calories a day time, compared with women who aren’t breast-feeding, Lovelady said. Seeing the pounds coming off and your clothes fitting better each week will really help you stay motivated to stick to your diet and workout plan. Certainly, the calorie requirements for breast-feeding women are higher than those for females who are not breast-feeding. May not be as great in taste, but it helps rid the excess pounds fast certainly. If you want to lose excess weight and get lean fast, you must create a large enough calorie deficit that’s sustainable, that allows you to lose only fat (not muscle tissue), keeps your fat burning capacity humming, and energy levels high to ensure that you can burn fat fast. Men do actually have a tendency to lose fat easier than women – especially stomach fat in the midsection, notes the University of NEW YORK. Naturally women have low muscle mass compared to the form of body if they are overweight when compared with similar conditions with men. There is the paper from 2010 showing that among middle-aged obese females , those who lost weight the fastest were the most likely to keep it all off after 18 months. Steroid cycles for women are one of the most effective ways for women to gain muscle quickly. Even when I’m not really exercising for stretches at the same time, my excess weight holds steady at 185, and it has been that real way for 4.5 years now. Strength training helps preserve muscle and aids weight loss in older women following a reduced-calorie diet, according to a 2015 study published in The American Journal of Clinical Nourishment. Eating 300 to 500 calorie consumption less per day ought to lead to a lack of between one and two pounds weekly. Eating too little calories to prompt quick weight loss is contrary to your goal of toning up. The ESR blood test is an important tool that helps doctors diagnose conditions that can cause inflammation, pain and various other symptoms. You can get a rough idea of your daily caloric needs with a straightforward mathematical formula: redouble your goal weight by 12 to 15 calories. Weight loss is significantly lower with reversible banding procedures, in which a small saline-filled band is wrapped about the stomach to reduce its size. Walking offers a convenient way to lose excess weight if you are over age 50. Without the specialized equipment, you can burn calories and reduce tension by walking in your neighborhood or at a park. As you feel more motivated, add more times and vary your types of training to burn more calories and accelerate weight loss. If your fingers just touch, a medium is had by you frame, and the calculated weight is correct for you. potentially cause fat loss include human immunodeficiency virus or tuberculosis and HIV, the Mayo Clinic says. Among obese adults, the percentage rises to 66 percent, with 50 percent of obese children having a fatty liver, according to the American College of Gastroenterology website. Weight training after age 50 is effective in maintaining or improving muscle mass. It’s the latest option for an incredible number of obese Americans who’ve been unable to lose pounds via more traditional methods. If you start exercising in your weight-loss plan, you’ll significantly reduce your risk of heart disease, even if you don’t lose a lot of weight. After age 30, physiological functions begin to decline, but it doesn’t become obvious until after age 50. There are declines in the number of cells in each organ that decrease metabolic rates. Adding 4 pounds of muscle mass can help you burn an extra 50 calories a complete day, according to the University of New Mexico. For example, if you are a 55-year-old woman who is mildly active and wants to weigh 140 pounds, you would multiply this goal excess weight by 12 for a daily caloric need of 1680 calorie consumption. I was 160lbs and 4 months later I’m an extremely health toned 127lbs and also have found my perfect weight. For better safety and to make sure you use the proper technique, choose machine pounds exercises over using dumbells. The key to losing weight is eating fewer calories than you consume via food and drinks. For weight loss, you might benefit from obtaining a higher percentage of your calories from protein. It’s convienet for me personally and I’m feeling more energised and have been losing weight it’s a great thing to have inside your home. Working out your muscles in addition to following a low-calorie diet could be helpful at shedding the belly fat. I have already been using my fitness treadmill for 2 months now and have lost weight it is so easy. That in comparison to 3.6 percent weight reduction for patients who didn’t have the device. For most people, the cheapest calorie level that should be followed for weight loss is 1,200 calories for women and 1,800 calories for men. THE MEALS and Drug Administration approved the device on Tuesday for adults who are obese, with a physical body mass index of 35 to 55, and have not been able to lose excess weight with other methods. Any illness that impacts your stomach, intestines and digestive tract can make you lose fat by interfering together with your body’s absorption of necessary nutrients. Like the low-carb vegetables, lower-carb fruits are abundant with nutrients, making them a wholesome part of your weight-loss diet. A six-month diet plan doesn’t have to involve strict calorie-counting and drastic actions taken all at once. Researchers determined that the exercise prevented weight gain and lack of lean muscle mass, compared to participants who did not practice resistance training. If you’re finding yourself spending additional time on the couch, upping your activity levels can help with weight gain. Women and older individuals generally have higher body fat percentages than men or younger people, so body mass index shouldn’t be used by itself to determine whether a woman over 60 is at a healthy weight. If you’re on an extremely low-carb diet – less than 50 grams a day – these veggies might help fill you without exceeding your carb limit. Focus on making broad sustainable changes in what you eat and exercise habits so you can keep weight off over an extended period of time. The scariest thing about the weight gain after menopause is it seems to happen to even active and fit women. Women fall victims to difficulty concentrating and remembering points also, irregular periods, night sweats, hot flashes, brittle nails and a plethora of uncomfortable, embarrassing, and relentless symptoms. What I’ve learned since losing even more weight is these workouts are pretty important if you want to lose weight fast. Women can lose belly fat by make several key changes to their diet, such as smaller portions and reduced daily calorie consumption. The Cleveland Clinic suggests 20 to 30 minutes of exercise at least four to five times a week to encourage weight loss for women coping with PCOS. A thorough weight- loss program for ladies involves both cardio exercise and weight training. Studies show that the more junk food you eat each week, the greater the risk of gaining extra weight. Salmon and liver organ are so pricey along with fresh produce :/ if you could help me out in a eating routine that is cheap but still works I’d enjoy it. I’ve dropped ten pounds from owning a lot and some lifting weights. The U.S. Section of Human and Health Solutions reviews that for weight loss, diets containing 1,000 to 1 1,600 calories per day are usually appropriate for overweight and obese women, depending on their current body weight and activity level. Well, if your objective is to lose excess weight I suggest following all the tips above, including consuming an LCHF diet. Instead, drinking wine or any additional alcohol with your meal makes you much more likely to passively increase in your total caloric intake, which, when done habitually, may set you up for weight gain. This is the true number one reason women over 40 have an edge with losing weight. Lose weight at a gradual, sustainable rate, and your breasts will experience less impact. Now I have to reduce it but I am unable to do it. 10 days according to you seems quiet impossible if you ask me because I have already been taking alot of care since a month but there is absolutely no change in weight at all. Young people can usually achieve this, but also for some middle-aged or old women it may be a significant victory to get completely to decent”. Hi Ashley, I have lost weight using a very similar diet to the reduced carb one mentioned here. Focusing only on weight and stepping on the scale every day might be misleading, cause unnecessary stress and anxiety and undermine your motivation intended for no good reason. To gain lean muscle and lose weight, take part in a comprehensive exercise program that consists of both weight training exercise and cardiovascular exercise. Growing children, women that are pregnant and breastfeeding women should not do fasting periods longer, as they have an increased need of nutrients. The supplied calculations assist you to estimate how many calories you burn daily and how much you can eat to maintain your weight. The odd diet soda isn’t too bad as far as weight loss goes, but I wouldn’t start making a huge habit of them. After four years, 57 percent of the postmenopausal women motivated to make changes in lifestyle maintained at least a 5-pound weight loss weighed against 29 percent of the controls. I use this diet when my fitness and training goals include weight reduction and cutting fat. Note that your bodyweight can fluctuate and down several pounds from day to day up, based on fluid balance and belly contents: Don’t worry about short-term changes, instead follow the long-term trend. She could be dropped by her calorie intake to about 2, 000 calories daily and lose one pound a week, or drop her calorie intake to 1,500 calories a full day to lose two pounds each week. Hi my name is David I’m extremely embarrassed to say it but I’m about to be 15 in two months and I’m 5’6 tall and I weight…..well I weight 236 pounds. Poor sleep is among the strongest risk factors for weight gain , so looking after your sleep is important ( 35 , 36 ). Plus, you should hone in on your own diet really, since weight loss may happen most effectively by eating clean (no junk food/limited processed meals) and abstaining from alcohol as much as possible and eliminating excess calories. Some of them did not hesitate to buy health supplements, reduce their diet by following diet plans for weight loss or fat loss tips for women. Try not to eat straight from a large package of food – it’s easy to lose track that way. Remember that losing excess weight is about making healthy changes in your daily life that you can stick with – and not only a one-time diet. Because many believe PCOS is linked to insulin resistance, a low-carbohydrate, high-protein diet may be the most successful for weight loss. Women who carried a few extra pounds entering menopause now have an uphill battle just to maintain their old weight. All sorts of prescription medicines could cause fat gain, including steroids, which are used to treat asthma and additional inflammatory conditions commonly, and certain antidepressants. The struggle to lose weight is very real, so you'll completely relate to Wendy Mehaffey's story. A BMI between 18.5 and 24.9 is considered normal weight, whereas a BMI between 25 and 29.9 is overweight; and over 30 is obese. The Institute of Medicine (IOM) recommends drinking 3.7 litres (15 cups) of water daily for an average male and 2.7 litres (11 cups) for an average female. So if a Hack is shooting very low scores, chances are their account will soon be shut down. To lose up to one pound of fat per week, you will need to lose 3,500 calories from your diet.

2019-04-21T02:42:27Z

http://startthriving.weebly.com/

2008-09-18 Assigned to REBELVOX LLC reassignment REBELVOX LLC ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: KATIS, THOMAS E., PANTTAJA, JAMES T., PANTTAJA, MARY G., RANNEY, MATTHEW J. A communication device for gracefully extending the range and/or capacity of voice communication systems. The communication device includes a persistent storage device configured persistently store the voice media either generated when using the communication device or received over the network at the communication device. When the usable bit rate on the network is poor and below that necessary for conducting a live conversation, the communication device transmits voice media from persistent storage and stores received voice media in persistent storage at the available usable bit rate on the network. Although latency may be introduced during the back and forth transmissions of a conversation, the persistent storage of both transmitted and received media of a conversation provides the ability to extend the useful range of wireless networks beyond what is required for live conversations. In addition, the capacity and robustness in not being affected by external interferences for both wired and wireless communications is improved. This application claims the benefit of priority to U.S. Provisional Patent Application No. 61/089,417 filed Aug. 15, 2008, entitled “Graceful Degradation for Wireless Voice Communication Services,” and U.S. Provisional Patent Application No. 60/999,619, filed on Oct. 19, 2007, entitled “Telecommunication and Multimedia Management System and Method.” This application is a continuation-in-part of U.S. patent application Ser. No. 12/028,400, filed Feb. 8, 2008, entitled “Telecommunication and Multimedia Management Method and Apparatus.” This application is also a continuation in part of U.S. patent application Ser. No. 12/192,890, filed Aug. 15, 2008, entitled “Telecommunication and Multimedia Management Method and Apparatus.” All of the foregoing applications are incorporated herein by reference in their entirety for all purposes. This invention relates to voice communication, and more particularly, to the graceful degradation of voice communication services when network conditions prevent live or real-time communication. Current wireless voice communications, such as mobile phones or radios, support only live communications. For communication to take place with existing wireless communication systems, a wireless network connection with a sufficient usable bit rate to support a live conversation must exist between the two wireless devices in communication with each other. If such a connection does not exist, then no communication can take place. When a person is engaged in a conversation using their mobile phone, for example, a network connection between the phone and the local radio transceiver (i.e., a cell tower) of sufficient usable bit rate to support a live conversation must exist before any communication can take place. As long the mobile phone is within the range of the radio transceiver, the signal strength or usable bit rate is typically more than adequate for conducting phone conversations. As the person using the mobile phone travels away from the radio transceiver, or they enter an area of poor coverage, such as in a tunnel or canyon, the usable bit rate or signal strength on the wireless network connection is typically reduced. If the distance becomes so great, or the reception so poor, the usable bit rate may be reduced beyond the range where communication may take place. Beyond this range, the user may no longer be able to continue an ongoing call or make a new call. Similarly, when too many users are conducting calls on the network at the same time, the total aggregate usable bit rate for all the calls may exceed the usable bit rate capacity of the radio transceiver. In such situations, certain calls may be dropped in an effort to preserve the usable bit rate or capacity for other calls. As the number of calls on the network decreases, or usable bit rate conditions on the wireless network improve, dropped users may again rejoin the network and make new calls as capacity on the network improves. In yet another example, in situations where there is severe radio interference, such as electrical or electromagnetic disturbances, intentional jamming of the wireless network, the antenna on a communication device or the radio transmitter is broken or not working properly, or the communication device and/or the radio transceiver have been improperly configured, the usable bit rate on the network connection may be insufficient for users to make calls or conduct live voice communications. With current wireless voice communication systems, there is no persistent storage of the voice media of conversations. When a person engages in a conversation using either mobile phones or radios, there is no storage of the voice media of the conversations other than possibly what is necessary for transmission and rendering. Without persistent storage, the voice media of a conversation is irretrievably lost after transmission and rendering. There is no way to retrieve that voice media subsequent transmission or review. Consequently, wireless voice communication systems are reliant on network connections. If at any point the usable bit rate on the network is insufficient for a live conversation, regardless of the reason, there can be no communication. Mobile phones and radios are essentially unusable until the usable bit rate on the network improves to the point where live communications can commence again. Wired communication networks may also have capacity problems when too many users are attempting to use the network at the same time or there are external interferences degrading the performance of the network. In these situations, calls are typically dropped and/or no new calls can be made in order to preserve usable bandwidth for other users. With wired voice communication systems, there is also typically no persistent storage of the voice media of a conversation. As a result, there is no way to transmit voice media from persistent storage at times when the usable bit rate on the wired network connection falls below what is necessary for maintaining a live conversation. With most voice mail systems used with mobile or land-line phones, a network with sufficient usable bit rate to support a live conversation is needed before the voicemail system can be used. When a person is leaving a voice mail, a live connection is needed before a message can be left. Alternatively, the recipient must have a live connection before the message can be accessed and reviewed. With certain types of more advanced email systems, such as Visual voice mail, a recipient may download a received message and store it on their mobile phone for later review. With Visual voice mail, however, one can review a previously downloaded message when disconnected from the network or network conditions are poor. However, there is no way to generate and transmit messages when network conditions are inadequate to support a live connection. A network connection with a usable bit rate sufficient for maintaining a live conversation is still needed before a message can be generated and transmitted to another person. A method and communication device for the graceful degradation of wireless and wired voice networks, which extend the range and/or capacity of these networks, is therefore needed. A communication device for gracefully extending the range and/or capacity of voice communication systems is disclosed. The communication device includes a persistent storage device configured persistently store the voice media either generated when using the communication device or received over the network at the communication device. When the usable bit rate on the network is poor and below that necessary for conducting a live conversation, the communication device transmits voice media from persistent storage and stores received voice media in persistent storage at the available usable bit rate on the network. Although latency may be introduced during the back and forth transmissions of a conversation, the persistent storage of both transmitted and received media of a conversation provides the ability to extend the useful range of wireless networks beyond what is required for live conversations. In addition, the capacity and robustness in not being affected by external interferences for both wired and wireless communications is improved. FIG. 1A is a diagram illustrating an exemplary wireless communication system of the present invention. FIG. 1B is a diagram of an exemplary wired communication device of the present invention. FIG. 6 is a diagram of a communication device with persistent storage in accordance with the present invention. In U.S. application Ser. No. 12/028,400 filed on Feb. 8, 2008, and U.S. application Ser. No. 12/192,890 filed on Aug. 15, 2008, both entitled “Telecommunication and Multimedia Management Method and Apparatus,” an improved voice and other media communication and management system and method is disclosed. The system and method provides one or more of the following features and functions: (i) enabling users to participate in multiple conversation types (MCMS), including live phone calls, conference calls, voice messaging, consecutive (MCMS-C) or simultaneous (MCMS-S) communications; (ii) enabling users to review the messages of conversations in either a live mode or a time-shifted mode (voice messaging); (iii) enabling users to seamlessly transition a conversation between a synchronous “live” near real-time mode and a time shifted mode; (iv) enabling users to participate in conversations without waiting for a connection to be established with another participant or the network. This attribute allows users to begin conversations, participate in conversations, and review previously received time-shifted messages of conversations even when there is no network available, when the network is of poor quality, or other participants are unavailable; (v) enabling the system to save media payload data at the sender and, after network transmission, saving the media payload data at all receivers; (vi) enabling the system to organize messages by threading them sequentially into semantically meaningful conversations in which each message can be identified and tied to a given participant in a given conversation; (vii) enabling users to manage each conversation with a set of user controlled functions, such as reviewing “live”, pausing or time shifting the conversation until it is convenient to review, replaying in a variety of modes (e.g., playing faster, catching up to live, jump to the head of the conversation) and methods for managing conversations (archiving, tagging, searching, and retrieving from archives); (viii) enabling the system to manage and share presence data with all conversation participants, including online status, intentions with respect to reviewing any given message in either the live or time-shifted mode, current attention to messages, rendering methods, and network conditions between the sender and receiver; (iix) enabling users to manage multiple conversations at the same time, where either (a) one conversation is current and all others are paused (MCMS); (b) multiple conversations are rendered consecutively (MCMS-C), such as but not limited to tactical communications; or (c) multiple conversations are active and simultaneously rendered (MCMS-S), such as in a stock exchange or trading floor environment; and (ix) enabling users to store all conversations, and if desired, persistently archive them in a tangible medium, providing an asset that can be organized, indexed, searched, transcribed, translated and/or reviewed as needed. For more details on the Telecommunication and Multimedia Management Method and Apparatus, see the above-mentioned U.S. application Ser. Nos. 12/028,400 and 12/192,890, both incorporated by reference herein for all purposes. The salient feature of the above-described communication system with regard to the graceful degradation of voice communication services is the persistent storage of the voice media of conversations. As noted above with prior art or legacy voice wired and wireless communication systems, no voice transmissions can take place when the usable bit rate on the network connection is insufficient to support live communications. With the persistent storage, however, voice transmissions may occur from storage. Voice transmissions therefore do not have to occur as the voice media is being generated. Instead, at times when the usable bit rate is insufficient for live transmissions, the voice media may be transmitted from persistent storage as network conditions permit. When transmitting from persistent storage, a certain amount of latency may be introduced during the back and forth transmissions of the conversation. The ability to transmit out of persistent storage, however, effectively extends the usability of the network beyond the range and/or capacity where conventional wireless or wired networks would otherwise fail. As a result, communications can still take place, even when usable bit rate conditions on the network are poor or constrained beyond where previously no communication could take place. Referring to FIG. 1A, a diagram illustrating an exemplary wireless voice communication system of the present invention is shown. The exemplary communication system 10 includes a communication network 12 and a wireless network 14 for enabling voice communication between a wireless device A within the wireless network 14 and a second communication device B connected to the network 12. A gateway connection 13 connects the communication network 12 and the wireless network 14. The communication network 12 may include one or more hops 16 between the wireless network 14 and the second communication device B. Each hop includes a storage element 18 for the persistent storage of media. The communication device A, which is a wireless device, such as either a mobile phone or a radio, connects through a wireless network connection with the wireless network 14 through a radio transceiver 20. The communication devices A and B each include a storage element 22 for the persistent storage of media respectively. When a conversation takes place between device A and device B, a network connection is made between the two devices through the communication network 12 and the wireless network 14. All voice media of the conversation, regardless if it was transmitted or received, is persistently stored in the storage elements 22 of devices A and B as well as in the storage element 18 of each hop on the network 12 between the two devices. For more details on the persistent storage of the media at each communication device and on the network, see the above-mentioned U.S. application Ser. Nos. 12/028,400 and 12/192,890, both incorporated by reference herein. Referring to FIG. 1B, a diagram illustrating another exemplary voice communication system of the present invention is shown. In this embodiment, both devices A and B are connected to communication network 12. In this embodiment, device A is connected to the network 12 through a wired connection 15. When a conversation takes place between device A and device B, a network connection is established between the two devices across network 12. One or more hops 16, each with persistent storage 18, may be required in establishing the network connection between the devices. It should be noted that the specific network configuration and the communication devices illustrated in FIGS. 1A and 1B are exemplary. In no way, however, should either particular configuration be construed as limiting. In various embodiments, networks 12 and 14 can both be wireless, wired, or any combination thereof. Also, either communication device A or device B can each be either wired or wireless devices. The communication devices A and B can also be two nodes in the same wireless or wired networks or two nodes in different networks. If nodes in different networks, the two networks can communicate directly with one another, or they may communicate through any number gateways or hops in intermediate wired or wireless communication networks. In addition, the capability of each communication device to persistently store voice media of a conversation may vary. For the sake of simplicity, the network connection illustrated in FIGS. 1A and 1B is between just two communication devices. The present invention, however, may be used with voice conversations involving any number of wireless or wired communication devices. In the embodiment illustrated in both FIGS. 1A and 1B, both devices A and B locally and persistently store the media of the conversation. Alternatively, device A may locally and persistently store media, while device B does not. In yet another embodiment, the media for either device A or device B can be persistently stored on a storage device 18 of a hop 16 on the network 12 on behalf either device A or device B respectively. Regardless of the actual configuration, the only requirement for implementing the graceful degradation for device A is at device A and at least one other location, which may be at device B or at any intermediate hop 16 between the two devices. Referring to FIG. 2, a plot illustrating the graceful degradation of wireless services versus range in according to the present invention is illustrated. The diagram plots available usable bit rate on the network on the vertical axis verses the distance the communication device A is from the radio transceiver 20 on the horizontal axis. When the communication device A is relatively close, the available usable bit rate on the network is high. But as the communication device A travels away from the radio transceiver 20, or enters a region of reduced signal strength such as a tunnel or canyon, the usable bit rate on the network connection is reduced, as represented by the downward slope of the usable bit rate curve on the plot. As the signal strength decreases, the amount of bit rate loss experienced on the network connection will also typically increase. At a certain point, a bit rate threshold is exceeded. Below this point, the bit rate loss typically becomes too large to maintain a live conversation with conventional wireless networks. In other words, the bit rate defines a minimum bit rate throughput sufficient for maintaining near real-time communication. In one embodiment, the sending device A ascertains when the usable bit rate on the network connection falls below the bit rate threshold by: (i) receiving one or more reports each including a measured transfer rate at which bits transmitted over the network connection safely arrive at a recipient over a predetermined period of time; (ii) computing the usable bit rate on the network connection based on the received one or more reports; and (iii) comparing the computed usable bit rate with the bit rate threshold. The reports are generated by the recipient and sent to device A over the network connection. The receipt reports may include a notation of missing, corrupted or reduced bit rate representations of voice media as well as other network parameters such jitter. In one embodiment, the bit rate throughput threshold is set at eighty percent (80%) of the bit rate throughput needed to transmit and decode the full bit rate representation of the voice media at the same rate the voice media was originally encoded. It should be noted that this percentage may vary and should not be construed as limiting. The throughput percentage rate may be higher or lower. The portion of the usable bit rate curve below the bit rate threshold is defined as the adaptive transmission range. When the usable bit rate on the network is in the adaptive transmission range, device A transmits the media from persistent storage. As a result, the usable bit rate below the threshold becomes usable. The amount of latency associated with transmission below the throughput threshold will vary, typically depending on the range between the communication device A and the radio transceiver 20. If the communication device A is at a range where the bit rate loss is just below the threshold, the amount of latency may be inconsequential. As signal strength decreases, however, latency will typically become progressively greater. As latency increases, the practicality of conducting a voice conversation in the live or real-time mode decreases. Beyond the point where a live voice conversation is no longer practical, voice communication can still take place, but in a time-shifted mode. A user may generate a voice message, which is persistently stored. As usable bit rate conditions on the network permit, transmissions of the media occur from persistent storage. Alternatively, when receiving messages, the voice media may trickle in over the network, also as usable bit rate conditions permit. When the quality or completeness of the received voice media becomes sufficiently good as transmissions are received, they may be retrieved from persistent storage and reviewed or rendered at the receiving communication device. Communication can therefore still take place when signal strength is poor, due to either device A being a relatively far distance from a transceiver 20 or in a location of poor coverage, such as in a tunnel or canyon. As illustrated in the plot, the available usable bit rate gets progressively smaller as the range from the radio transceiver 20 increases. Eventually the usable bit rate is reduced to nothing, meaning the communication device A is effectively disconnected from the wireless network 14. The persistent storage of media on the communication device A still allows limited communication capabilities even when disconnected from the network. Messages can be generated and stored on communication device A while disconnected from the network. As the device moves within the adaptive transmission range, the usable bit rate range is used for the transmission of the messages. Alternatively, the user of communication device A may review previously received messages while disconnected from the network and receive new messages as usable bit rate on the network permits. Referring to FIG. 3, a plot illustrating the graceful degradation of wireless services versus the number of users (i.e., capacity) is shown. As illustrated in the Figure, the available usable bit rate per user increases as the number of users or capacity decreases and vice-versa. As capacity increases, the usable bit rate decreases. Eventually, the bit rate threshold is crossed. Below this threshold, all users of the network are forced to operate in the adaptive transmission range when sending and receiving voice messages. In an alternative embodiment, only certain users may be forced into the adaptive transmission range to preserve the usable bit rate of the system for other users who will continue to operate with a usable bit rate above the throughput threshold. The system may decide which users are provided either full or reduced service based on one or more priority schemes, such different levels of subscription services, those first on the network have higher priority than those that have recently joined the network, or any other mechanism to select certain users over other users. Referring to FIG. 4, a plot illustrating the graceful degradation of services in the presence of an external interference is shown. In this diagram, as the severity of the external interference increases, usable bit rate decreases and vice versa. In situations where the available usable bit rate falls below the bit rate threshold, the user of communication device A may continue communicating in the adaptive transmission range in the same manner as described above. The use of persistent storage of media and the managing of transmissions to meet available usable bit rate therefore increases system robustness and gracefully extends the effective range and capacity of services in situations where external interference would otherwise prevent communication. Referring to FIG. 5, a plot illustrating adaptive live optimization for further extending the graceful degradation of wired and wireless services according to another embodiment is shown. In the plot, the usable bit rate curve includes an adaptive optimization threshold and the bit rate threshold. In the above-mentioned U.S. application Ser. Nos. 12/028,400 and 12/192,890, adaptive live optimization techniques for maintaining a conversation in the live or real-time mode when usable bit rate on the network falls below the adaptive optimization threshold are described. These adaptive live optimization techniques have the net effect of pushing the bit rate threshold down the usable bit rate curve. In other words, by applying the adaptive live optimization techniques, the amount of available usable bit rate needed on the network for conducting a live conversation is reduced. This is evident in the FIG. 5, which shows the bit rate threshold pushed further down the usable bit rate curve relative to the plots illustrated in FIGS. 2, 3 and 4. With adaptive live optimization, media is sent from the sending device (e.g., device A) to the receiving device in successive transmission loops. Within each transmission loop, the sending node ascertains if the instantaneous usable bit rate is sufficient to transmit both time-sensitive and the not time sensitive media available for transmission. If there is sufficient usable bit rate on the network, then both types of media are transmitted. The time sensitive media is sent using first packets with a first packetization interval and a first payload size at a rate sufficient for a full bit rate representation of the media to be reviewed upon receipt by the recipient. The non time-sensitive media on the other hand is transmitted using second packets with a second interval set for network efficiency, where the second packet interval is typically larger than the first packetization interval. The time-sensitivity of the media is determined by either a declared or inferred intent of a recipient to review the media immediately upon receipt. The full bit rate representation of the media is derived from when the media was originally encoded. Typically this means when a person speaks into their phone or radio, the received analog media is encoded and digitized. This encoded media is referred to herein as the full bit rate representation of the media. The sending node ascertains usable bit rate on the network based on receipt reports from the receiving node. The receipt reports include measured network parameters, such the corrupted or missing packets (i.e., media loss) as well as possibly other parameters, including jitter for example. If the usable bit rate is inadequate for transmitting both types of available media, then the sending node ascertains if there is enough usable bit rate on the network connection for transmitting just the time-sensitive media. If so, the time-sensitive media is transmitted at the first packetization interval and first payload size and at the rate sufficient for the full bit rate representation to be reviewed upon receipt. The transmission of the not time-sensitive media is deferred until usable bit rate in excess of what is needed for time-sensitive transmissions becomes available. If the usable bit rate on the network connection is not sufficient for sending just the time-sensitive media, then several techniques to reduce the number of bits used to represent the time-sensitive media is applied. In a first technique, the number of bits included in the first payloads is reduced and the reduced payload sized packets are then transmitted at the first packetization interval. In other words, the number of bits used to represent each unit of time (i.e., time-slice) of voice media is reduced relative to the full bit rate representation of the voice media. The reduction of the bits per payload may be accomplished by adjusting codec settings, using different codecs, applying a compression algorithm, or any combination thereof. If there still is not sufficient bandwidth, then the packetization interval used to transmit the packets with the reduced bit payloads is progressively increased. By increasing the packetization interval, latency is introduced. Eventually, if the packetization interval is increased too much, then it becomes impractical to maintain the conversation in the live or real-time mode. Lastly, the adaptive live optimization controls the rate of transmitted and received voice transmissions to meet the usable available bit rate on the network connection. As bit rate becomes available, available voice media is either sent or received at a rate determined by usable bit rate conditions on the network. Consequently, communication can still take place. The adaptive live optimization therefore enables conversations to continue when network conditions would otherwise prevent live communications. Referring to FIG. 6, a diagram of device A is illustrated. The device A includes an encoder 60 configured to receive analog voice signals from a microphone 62, the persistent storage device 22, a transmitter 66, a receiver 68, a rendering/control device 70 and a speaker 72. During voice communications, the user of device A will periodically generate voice media by speaking into the microphone 62. The encoder 60 encodes or digitizes the voice media, generating a full bit rate representation of the voice media, which is persistently stored in device 22. The transmitter 66 is responsible for (i) receiving receipt reports from a recipient, (ii) calculating the usable bit rate on the network connection, (iii) ascertaining if the usable bit rate exceeds or is below the bit rate threshold sufficient for live communication, and (iv) either (a) transmits the full bit rate representation of the voice media when the threshold is exceeded or (b) generates and transmits only time-sensitive and/or a reduced bit rate version of the voice media, commensurate with the usable bit rate, when the usable bit rate is less than the threshold. Alternatively, the receiver 68 stores the voice media received over the network connection in persistent storage device 64. When the received media is of sufficient completeness, it may be retrieved from persistent storage by rendering/control device 70 and played through speaker 72 for listening or review by the user. The review of media may occur in either a near real-time mode or in a time-shifted mode. When in the time-shifted mode, the media is retrieved from the persistent storage device 22 and rendered. For more details on the operation of device A, see the above-mentioned U.S. application Ser. Nos. 12/028,400 and 12/192,890. A data quality store (DQS) and manager 74 is coupled between the receiver 68 and the persistent storage device 22. The data quality store and manager 74 is responsible for noting any missing, corrupted or reduced bit rate versions of the voice media received over the network connection in the data quality store. The DQS and manager 74 are also responsible for transmitting requests for retransmission of any voice media (or other types of received media) noted in the data quality store. When the requested media is received after the request for retransmission is satisfied, the notation corresponding to the media is removed from the DQS. This process is repeated until a complete copy of the media is received and persistently stored, wherein the complete copy is a full bit rate representation of the media as originally encoded by the originating device. In this manner, both the sending and receiving communication devices are able to maintain synchronous copies of the voice (and other types) of media of a conversation. In one embodiment of device A, the transmitter 66 may transmit voice or other media directly from encoder 60 in parallel with the persistent storage in device 22 when the user of the device A is communicating in the real-time mode. Alternatively, the media can first be written in persistent storage 22 and then transmitted from storage. With the latter embodiment, any delay associated with the storage occurs so fast that it is typically imperceptible to users and does not interfere or impede with the real-time communication experience of the user. Similarly, received media can be rendered by device 70 in parallel with persistent storage or serially after persistent storage when in the real-time mode. The aforementioned description is described in relation to a wired or wireless communication devices. It should be understood that the same techniques and principles of the present invention also apply to the hops between a sending and a receiving pair in either a wireless or wired voice network. In the case of a hop 16, voice media is typically not generated on these devices. Rather these devices receive voice media from another source, such as a phone, radio or another hop on the network, and are responsible for optionally persistently storing the received voice media and forwarding the voice media on to the next hop or the recipient as described above. It should also be understood that the present invention may be applied to any voice communication system, including mobile or cellular phone networks, police, fire, military taxi, and first responder type communication systems, legacy circuit-based networks, VoIP networks, the Internet, or any combination thereof. Device A may be one of the following: land-line phone, wireless phone, cellular phone, satellite phone, computer, radio, server, satellite radio, tactical radio or tactical phone The types of media besides voice that may be generated on device A and transmitted may further include video, text, sensor data, position or GPS information, radio signals, or a combination thereof. The present invention provides a number of advantages. The range of wireless voice networks is effectively extended as communication may continue beyond the throughput threshold. In addition, the present invention may increase the number of effective users or capacity that may use either a wireless or wired voice communication system. Rather than dropping users when system usable bit rate is overwhelmed, the present invention may lower the usable bit rate below the throughput threshold for some or all users until usable bit rate conditions improve. Lastly, the present invention increases the robustness of a both wireless and wired communication system in dealing with external interferences. a rendering device configured to render the voice media stored in the storage device, the rendering device configured to provide the ability to render the voice media received over the network connection when the voice media received over the network connection is of sufficient completeness that it will be decipherable when rendered. comparing the computed usable bit rate with the bit rate threshold. 3. The communication device of claim 1, wherein the minimum bit rate throughput sufficient for maintaining near real-time communication is at least 80% of the bit rate throughput needed to transmit and decode the full bit rate representation of the voice media at the same rate the voice media was originally encoded. transmit the full bit rate representation of the voice media generated using the communication device without introducing latency when the ascertained usable bit rate exceeds the bit rate threshold. (iii) transmitting the full bit rate representation of the available voice media generated using the communication device during the transmission loop. 6. The communication device of claim 5, wherein the transmitter is further configured to define successive transmission loops and repeat (i) through (iii) for each transmission loop. 7. The communication device of claim 1, wherein the transmitter transmits the voice media generated while using the communication device from storage by varying the amount of latency during the transmission as needed so that the transmission bit rate substantially meets the usable bit rate on the network connection when the ascertained usable bit rate falls below the bit rate threshold. transmitting only the available time-sensitive voice media if the ascertained usable bit rate is sufficient to transmit only the available time-sensitive voice media. transmitting the reduced bit rate representation of the available time-sensitive voice media. 10. The communication device of claim 9, wherein the transmitter is further configured to generate the reduced bit rate representation by using fewer bits per unit of time when packetizing the available time-sensitive voice media. 11. The communication device of claim 9, wherein the transmitter is further configured to generate the reduced bit rate representation by using (a) one or more different codec settings, (b) one or more different codecs, (c) a compression algorithm; or (d) any combination of (a) through (c) when packetizing the media for transmission. 12. The communication device of claim 9, wherein the transmitter is further configured to generate the reduced bit rate representation by increasing the packetization interval used to transmit the available time-sensitive voice media. 13. The communication device of claim 9, wherein the transmitter is further configured to generate the reduced bit rate representation by adjusting the transmission rate at which packets containing the available time-sensitive voice media are transmitted. (iv) any combination of (i) through (iii). performing the functions provided in claims 8, 9 and 14 as needed for each of the successive transmission loops. 16. The communication device of claim 1, further comprising a data quality store configured to note any missing, corrupted or reduced bit rate versions of the voice media received over the network connection and a data store management element configured to transmit from the communication device over the network connection requests for retransmission of any voice media noted in the data quality store. 17. The communication device of claim 16, wherein the data store management element is further configured to remove the notation from the data quality store as the requests for retransmission are satisfied. 18. The communication device of claim 1, wherein the storage device and the transmitter cooperate to effectively extend the usable range of the network connection when the ascertained usable bit rate falls below the bit rate threshold to just above the point before the usable bit rate on the network connection is substantially reduced to nothing. transmit the voice media from storage after the delay as the usable bit rate on the network connection increases. 20. The communication device of claim 1, further comprising a conversation management element configured to define a conversation and to ascertain the voice media generated using the communication device and the voice media received over the network connection associated with the conversation. 21. The communication device of claim 1, wherein the storage device is further configured to persistently store the voice media generated using the communication device and the voice media received over the network connection in a time-based format. 22. The communication device of claim 1, further comprising a rendering control element configured to provide the ability to render the voice media stored in the storage device in a time-shifted mode by retrieving the media from the storage device and rendering the retrieved media on the communication device. 23. The communication device of claim 1, further comprising a rendering control element configured to provide the ability to render the voice media received over the network connection as it is received over the network connection in a near real-time mode. 24. The communication device of claim 1, wherein the storage device is further configured to persistently store a full bit rate representation of the voice media received over the network connection at the communication device. 25. The communication device of claim 1, wherein the network connection is a wireless network connection and the transmitter transmits the voice media generated using the communication device from the storage device at the bit rate below the bit rate threshold, thereby effectively extending the usable range and/or capacity of the wireless network connection. 26. The communication device of claim 1, wherein the network connection is a wired network connection and the transmitter transmits the voice media generated using the communication device from storage at the bit rate below the bit rate threshold to effectively extends the usable capacity of the wired network connection. 27. The communication device of claim 1, wherein the communication device comprises one of the following: land-line phone, wireless phone, cellular phone, satellite phone, computer, radio, server, satellite radio, tactical radio or tactical phone. 28. The communication device claim 1, wherein the transmitter is further configured to transmit, in addition to the voice media, one or more of the following types of media: video, text, sensor data, position or GPS information, radio signals, or a combination thereof.

2019-04-22T07:29:48Z

https://patents.google.com/patent/US20090103477A1/en

So you’ve developed an excellent idea and also a vision to create a nonprofit organization. Yet where do you start? Here we’ve given your guidebook to obtain a brand-new nonprofit off the ground with sustainability always in mind northwest registered agent new york 900 state street northwest registered agent new york 900 state street. The procedure of developing and also integrating a nonprofit resembles a firm, with the exception of a few differences. northwest registered agent new york 900 state street A nonprofit could not be created from any of the adhering to entities: Sole Proprietorship, Limited Responsibility Corporation or a Corporation “C” or “S”. A nonprofit, like a company, is a legal entity separate from the creator( s); it could endure the life of its founder( s) as well as could exist definitely. Unlike a company that is had northwest registered agent new york 900 state street by its shareholders, a nonprofit does not have investors as well as is not possessed by any individual, but is managed by the board of directors. The other distinctive difference between a corporation and also a nonprofit is exactly how the income is taxed. Now, allow’s take you through the process. Step One: Employee a Board of Supervisors. A board needs to consist of varied depiction from the following: finance, legal, a person who represents or is taken into consideration an expert when it come to your goal, someone who stands for individuals you exist to offer, local business executive( s) – northwest registered agent new york 900 state street particularly from a firm that has the tendency to money organizations like yours, community/professional volunteer( s) – individuals with a network of riches, as well as an additional nonprofit exec. Make sure that you work description in place which plainly indicates board member expectations, including all info pertaining to your nonprofit. Expectations northwest registered agent new york 900 state street need to include administration, financial backing, and also hands-on management. You do not desire a board of directors that really feels “simply showing up” meets their obligation. Lastly, you never stop looking for great board members. Your board needs to have a collection period to make sure there is constantly area for fresh faces, suggestions, as well as links. Tip Two: Development Meeting. The formation conference is a conference of the initial board of supervisors to vote on including as well as going after the tax obligation exception condition in addition to to develop the objective of the nonprofit. Throughout this meeting as well as all succeeding board meetings, make sure to take conference minutes to reveal a consentaneous arrangement by the board before moving forward northwest registered agent new york 900 state street. Step 3: Naming Your Nonprofit. Name selection is very important since it identifies your function and also creates your identification and identification and brand. Choose your company name like you pick your youngster’s name-repeat it typically, pretend to address the phone making use of the name to hear if it has a good ring to it. You can select virtually northwest registered agent new york 900 state street any type of name you desire for your organization as long as it is not currently being used. You can examine name availability on your state’s regulating website to see if it is readily available prior to you file it. Generally, this is the assistant of state’s office. Step Four: Integrate. The consolidation procedure resembles that of a firm. The Articles of Unification are ready as well as filed with the state’s governing body; once more, commonly the Assistant of State’s workplace. Some states have sample short articles which you could acquire and also use in drafting your write-ups, however, satisfying the state’s minimum declaring requirement does not necessarily imply you satisfy the IRS’s requirements. northwest registered agent new york 900 state street Make certain you appropriately as well as thoroughly draft articles of unification that fulfill the requirements of the IRS if you plan to obtain government tax exception; which you will. There is a declaring cost associated with this procedure paid to the state. The charge for the state is generally around $100; the declaring cost for your tax-exempt status is around $850. Tip 5: The Bylaws. You are needed to prepare bylaws for your nonprofit. Laws are the policies made use of by the board to govern your nonprofit. Most states do not need a duplicate of the laws to be submitted with the state. Regardless of filing requirements, it is a state law requires that a bundled entity have composed bylaws. The IRS will need a copy of the laws to be filed with your application for tax-exemption. Step Six: Get your Federal Company Identification Number (EIN). As soon as you’ve completed your documentation, you will should obtain a Company Recognition Number (EIN) additionally called a government tax obligation ID from the IRS. You can do this promptly as well as easily online. Always remember to print out a duplicate for your irreversible records. You will certainly additionally require a duplicate to submit to the Internal Revenue Service with your tax exemption application. To look for your EIN check out the Internal Revenue Service’s web site. It is essential to note that merely holding an EIN number does not suggest you are accepted as a 501( c) 3 by your state or the IRS. You could elevate loan for your company prior to approval. northwest registered agent new york 900 state street Nonetheless, be mindful that most of the time, giving organizations call for an authorized 501( c) 3 and will ask for a copy of your approved status letter. Step 7: Application for tax obligation exemption to the Internal Revenue Service. After you have actually incorporated your nonprofit and also obtained your EIN, after that you could start your tax exception application to the Internal Revenue Service using IRS Form 1023. The form could be gotten at the IRS internet site. This is a detailed application. You have to meticulously review the directions, find out about the regulations of conformity, finish the application, as well as collect & assemble the add-ons. Hiring a specialist to assist you is highly recommended. If you are trying to do this on your own, the IRS approximates a couple of hundred hrs are required to complete this application. After your initial testimonial, complete the application to the ‘letter’ of their direction. If your application is unclear or missing out on important info, it will be sent back to you for more details. If it does not fit within the tax exemption policies, it will be denied. As mentioned over, there is a charge related to this application; around $850. The cost modifications occasionally, so be sure to inspect the declaring cost prior to you send the application. The Internal Revenue Service is presently taking in between 6-8 months to appoint the application to an exempt company professional. If your application is authorized, you will certainly get a “Letter of Decision” that classifies your organization as tax obligation excluded. The good feature of this long process is that the day of your exemption is retroactive to the date that the Internal Revenue Service first received your application. This indicates that if you did get a donation requiring 501( c) 3 standing before your approval, you will ultimately remain in conformity with the funding organization as well as the Internal Revenue Service. Yet, it is not advised to elevate funds externally till you get your Letter of Resolution. State Tax Obligation Exception. The majority of states recognize as well as accept the government tax obligation exemption “Letter of Determination.” Nevertheless, there is a handful of states that have extra state needs to be earnings tax obligation excluded for state purposes. You will need to consult your state’s regulating body to see if there are additional state requirements. Ongoing Compliance. After you are formally integrated as a nonprofit organization, there are a handful of things that you have to do to preserve conformity with state and also government demands. Some states need an annual report. The majority of states call for a yearly corporate revival, as well as some states do not call for state revenue tax obligations to be filed unless the nonprofit gets a certain threshold revenue. As you can see, each state runs differently. The secret is to maintain yourself educated as well as up-to-date with the needs of your specific state. On the federal side, Internal Revenue Service Kind 990 or a variation of Form 990 is required to be filed every year. This is the yearly income tax return kind for nonprofit organizations despite earnings. Presently, the regulation states that if you fail to submit Kind 990 for 3 consecutive years, the IRS will immediately withdraw your nonprofit status. If this takes place, after that the nonprofit can no more obtain tax-deductible contributions. In addition, you will certainly need to reapply for tax obligation exception again. You have made the effort to develop your nonprofit, so put in the time to deal with it as well as continue to be certified. Next month seek a detailed process to raise those first dollars for your recently included nonprofit. ML Wagner Fundraising Team is a tiny company based in Minneapolis, Minnesota concentrated on assisting you raise cash without spending it. We are dedicated to mentor and also training those that have recently incorporated non revenues to produce a facilities to increase cash and continue to be sustainable over the long run. Whether your objective is in order to help maintain the natural world for future generations or to make sure that the generation of kids right here, today, have the best possibilities available to them, we could aid. With almost twenty years of experience in all elements of fundraising, interactions and task monitoring, we are experts in increasing money with little expense attached– as it must be northwest registered agent new york 900 state street. You prepare to begin a nonprofit as well as make a favorable effect on the planet as well as currently you should know the very best means to set about creating your organization. There is a whole lot that enters into a nonprofit, however not a lot that a lot of anybody could do it. There are, nevertheless, important actions to take as you begin. Comply with along below and I will certainly help you get going in the best instructions with 7 essential suggestions. These tips, when made use of right, will aid develop success in your nonprofit. Develop The Nonprofit Entity northwest registered agent new york 900 state street. Producing the real lawful organization could be accomplished in a number of various methods. The initial and also most recognized method is by producing an independent 501( c)( 3) through the Internal Revenue Service. This can be a lengthy procedure and consists of incorporating a firm in the state that you desire to do company, as well as declare tax-exempt condition with the IRS utilizing type 1024. The 2nd, fastest expanding method to develop a nonprofit company is via financial sponsorship. This is where an already existing 501( c)( 3) company approves your nonprofit task within its business structure. This permits a company to carry out nonprofit jobs without the need for setting up an independent 501( c)( 3) via the Internal Revenue Service. Setting up a monetary sponsorship could be very quick, simple, and inexpensive. One of the most vital part of establishing a financial sponsorship is finding an enroller that is reputable as well as enduring in the nonprofit field. If the enroller is hollow, they can adversely influence your nonprofit task. Discover a 3rd party who is proficient as well as educated regarding monetary enrollers to get recommendations from. When beginning a nonprofit it is necessary to extensively look into the cause you will be aiding. This will certainly assist you comprehend just what companies are already in existence doing comparable job. This will certainly assist your organization in determining areas that still need assistance and also companies you could work together with of in far better achieving the job. Regular research will certainly help your company remain focused on its goal. When doing nonprofit job filing for tax-exempt status is essential. Numerous nonprofits skip this action since it can be costly, just to need to return to the action years later on. By having tax-exempt status, your nonprofit could give contributors tax-deductible receipts for their donations. Tax-exempt status is necessary when obtaining contributions from many corporations and when looking for grant loan. Do not place on your own in a bind without tax-exempt status. You do not intend to be clambering to obtain tax-exempt status with a large contribution pending. Create A Good Fundraising Strategy northwest registered agent new york 900 state street. Fundraising is the lifeline of a nonprofit company. Hardly any can be achieved without funds to invest. Developing an excellent fund elevating plan and proceeded economic security is important to the success of your nonprofit. Find excellent info on the best ways to money raising and also placed the plan in action from the very start. It is not essential to work with a fundraiser or grant writer but rather consider and also purchase resources that help you learn how to do these tasks on your own. No person is going to care as much concerning the economic security of your company as you. Creating a critical plan on exactly how your nonprofit will operate, complete its mission, employ staff, and expand will certainly be essential. Without a tactical strategy in place it will certainly be extremely hard making certain your nonprofit is successful. Strategic plans are plans that you could reference back to continually, making certain your nonprofit is on track for success. Locate an excellent source or manual that clarifies ways to put together a good critical plan for your nonprofit. With any luck your nonprofit will continue to run effectively for your life time and also past. While developing the nonprofit, keep this long-range vision in mind. There is knowledge in developing a strong structure in the beginning instead of haphazardly tossing your organization together. Think about taking 6 months to a year in the starting to develop stable fund raising, northwest registered agent new york 900 state street terrific programs, as well as excellent practices. As an example, use the very first year to money raising and increase recognition of your nonprofit to ensure that you could you’re your spending plan. After that with secure financing you could start paying incomes, workplace costs, and fund programs with less stress. Once your programs start, it will be harder to concentrate 100% of your initiatives on fundraising. Aiding others must be enjoyable. Starting and also running an effective nonprofit could be fun. If at any type of factor you discover you have shed the “enjoyable variable,” regroup as well as identify how you can put the fun back right into your efforts. If enjoyable and enjoyment is not a consistent component of your nonprofit efforts, it will be challenging to continue. Ensure those you assist, those that volunteer, and on your own are having a blast and also your nonprofit undertaking will certainly constantly live. Nonprofits provide important solutions and sustain numerous essential objectives both locally and also globally. Yet it could be tough to develop and build a nonprofit that will certainly offer its mission as well as make a difference. There are numerous differences between a commercial corporation and also a nonprofit. The good news is, Nolo, a firm that makes the legislation easily accessible to any person, has an exceptional guide to help you get started or to help you proceed along if you are started however having trouble building it to where you want it to go. northwest registered agent new york 900 state street The 4th Version of “Beginning & Structure a Nonprofit A Practical Overview” by Peri H. Pakroo, J.D., is a vital guide to aid you obtain your nonprofit working as well as, most significantly, keep it going. Like a lot of Nolo publications, it is arranged in a simple way to allow the reader to acquire one of the most information in a functional fashion. The brief introduction provides some nonprofit basics and a couple of words on running a nonprofit. After the introduction, there are chapters that focus on calling and also structuring your nonprofit, developing your tactical strategy, creating your first budget plan, your board of directors, your workforce of personnel and volunteers, fundraising, risk management as well as insurance coverage, recognizing contracts as well as contracts, marketing your nonprofit, publishing informational materials, getting the word out online concerning your nonprofit, handling your financial resources, and also obtaining expert assistance. These phases give good basic info. They give the essentials. Nonetheless, you will certainly intend to find out more concerning a few of these subjects. Take fundraising as an example. This is a very important location for nonprofits, and also Nolo really has a number of various other books that concentrate just on this set subject. So while the chapter in this publication offers some basic advice, you might want to enhance your reading in this field with extra sources. I additionally appreciate the phase on getting professional assistance, due to the fact that while this book readies with general information, there are some locations where you truly should look for the suggestions of a specialist and also dealing with attorneys and accountants will certainly be necessary for the nonprofit that wishes to be successful. The book features a CD-Rom which contains a number of forms and checklists to assist you with your organization. These kinds and also checklists go along with the numerous phases in guide. There are also hard copies in the rear of guide. This is an easy book to read with a lot of excellent info to help you with beginning a nonprofit or if you are operating at building a nonprofit, to develop a reliable organization that will certainly make a difference. It is not the only referral you will certainly need, and as a matter of fact the book recommends other Nolo titles to help with creating a nonprofit company and fundraising. I do recommend this book as a starting northwest registered agent new york 900 state street location to anybody collaborating with a nonprofit, specifically board of directors, executive supervisors, or someone would like to know exactly what it takes to begin one. As well as it is a good reference for an Exec Supervisor or Board member to read and also carry the rack. Answer yourself Why, why you wanted to a non profit company. If you got a clear, vibrant solution, you finished very first step. Locate your What, a casue to collaborate with your non profits, either education and learning, environmental, Social trigger any kind of thing you thing will be your non earnings USP and has need to function. If you obtained a clear, vibrant answer, you finished 2nd action. Just how are you mosting likely to survive/sustain your non earnings company, exactly how are you located fuel its funding. Are you having various other person revenue source? Just how are you mosting likely to manange sources( staff/volunteers)? If you got a clear, bold response, you finished 3rd action. As you specifically point out that you are considering a philanthropic organization/NGO, legitimately there is no commitment to register your company unless & until they intend to raise funds, assert tax obligation exception for their donors & in this instance every company is legally required to document a depend on deed/ Memorandum of Understandings which contain the name and also address of the company & its objective as well as purposes, regulating body members & their details, administrative laws and treatments, personnel and also staffing details, regulations and also guidelines through which it will be operational.Before you really register you organization, you need your controling body who will be in charge of all the company decisions, method/ modus operandi & all financial management/plans of the organization. Application for Enrollment: Your Application needs to be submitted to authorities of jurisdiction in the location where the depend on wish to operate or in the region where it is to be registered.Application form properly submitted with full information of regulating body members (minimal 2 members are required as in governing body (in your case trustee members) & registered trust fund’s office address with an enrollment cost & court cost which could differ according to state/region where the trust is registering itself.Application must be singed before the registrar and main authorities of charity commissioner with an approval letter by the regulating body when all lawful documents are cost is paid by the participants. Keep in mind: Though there might be mild distinction in the registration process/fees/documents needed as regulations and acts are different in each state while taking into consideration depend on registration in India.Make certain to be prepared with listed below some factors prior to you lawfully register your organization to maintain in long-term. You could utilize several resources at start I would certainly suggest you to have mouth advertising your NGO with the help of your pals, family, relatives etc as well as their circle, when you start obtaining good quantity of donation/funding, you might use some to promote your organization.The fundamental one is to have your own website and also promote your NGO with your work summary, there are numerous choices readily available in order to help you gain excellent site visitors numbers to your website.You could have sponsored Facebook articles where you could publish your NGO’s images, posts, and endorsements of volunteer or recipient of your NGO which then will order even more focus of people.You can prepare for some occasions in public locations like railway station, bus-stop, shopping malls, yards, hospitals where a short engaging video, drama, flash-mob dancing from your volunteer will certainly work to gather people tourist attraction and then you could advertise your NGO to them, which consequently could help you gain some funding also, so try to plan as long as public activities as you can.Keep your website/ Social presence up-to-date & maintain it s material updating on a regular basis that will certainly also aid you to boost your on the internet visibility. Lots of public minded entrepreneurs may take into consideration beginning a nonprofit organization for the betterment of their community. Sadly, a lot of company people correspond running a nonprofit with volunteer work. You might be a specific with the independent spirit as well as company acumen essential to start a successful nonprofit; you could additionally be questioning if you can make a respectable living doing so. While there are constraints on if the organization itself can reveal a revenue, there are lots of possibilities for you to personally make money with a nonprofit organization. 1. Study and also obtain federal government, foundation and also business grants that enable a section of the provided funds to be designated towards management costs. Within the classification of management expenditures exists the income as well as benefits package of the Chief Executive Officer, supervisor or whatever title you choose to lead your nonprofit organization under northwest registered agent new york 900 state street. 2. Hold charity events for your reason( s) that are arranged to allot a part of the funds elevated to operational expenditures– the cost of putting on the fundraiser– and management expenses. Most individuals who participate in fundraising comprehend that there are costs connected with the activity; these will certainly additionally include the prices associated with your income and those of the business management. 3. Budget your salary, advantages as well as benefit plans in proportion to the amount of income your organization will certainly generate during the year. Due to the fact that your leadership efforts will directly impact the volume of funds elevated over the year, you can develop a settlement plan that will sufficiently pay you according to how efficient your efforts are. 4. Produce income for your organization through passive sources, including rents, aristocracies, investments, or passion payments. If your organization is a 501( c) 3– a tax-exempt organization– you will certainly should recognize any federal government limitations on this type of income. Nonetheless, any type of additional funding for the organization can contribute to the complete quantity of your personal profit once you have actually addressed the objective of the nonprofit. 5. It is possible to achieve individual value running a nonprofit without obtaining any cash money. As an example, several nonprofits have the ability to give vehicles, owned by the organization, for the individual use of the business management. Additionally, gas cards, meal gratuities, and travel expenditures are all locations where the nonprofit can conserve you loan by selecting up the bill as well as increasing your disposable earnings because of this northwest registered agent new york 900 state street. So you’ve thought of a wonderful idea and also a vision to create a nonprofit company. However where do you begin? Below we’ve supplied your road map to get a new nonprofit off the ground with sustainability always in mind northwest registered agent new york 900 state street northwest registered agent new york 900 state street. The procedure of developing and incorporating a nonprofit is similar to a corporation, with the exception of a couple of distinctions. northwest registered agent new york 900 state street A nonprofit can not be developed from any of the complying with entities: Sole Proprietorship, Limited Responsibility Corporation or a Firm “C” or “S”. A nonprofit, like a company, is a legal entity separate from the founder( s); it could make it through the life of its founder( s) and can exist definitely. Unlike a company that is owned northwest registered agent new york 900 state street by its shareholders, a nonprofit does not have investors and also is not had by anybody, but is taken care of by the board of supervisors. The other distinct distinction between a company as well as a nonprofit is just how the income is taxed. Currently, let’s take you with the process. Tip One: Employee a Board of Supervisors. A board ought to include diverse representation from the following: money, lawful, somebody who represents or is considered an expert when it come to your mission, a person who stands for individuals you exist to serve, neighborhood corporate exec( s) – northwest registered agent new york 900 state street specifically from a business that has the tendency to money companies like your own, community/professional volunteer( s) – individuals with a network of riches, and also an additional nonprofit exec. Make certain that you being employed summary in position which clearly suggests board member expectations, consisting of all info pertaining to your nonprofit. Expectations northwest registered agent new york 900 state street must consist of administration, financial backing, and also hands-on leadership. You do not desire a board of directors that feels “simply appearing” satisfies their task. Finally, you never stop trying to find excellent board participants. Your board should have a set tenure to make certain there is always area for fresh faces, ideas, and connections. Step Two: Development Meeting. The development conference is a conference of the first board of supervisors to elect on incorporating and going after the tax exemption standing along with to develop the function of the nonprofit. Throughout this conference as well as all succeeding board meetings, see to it to take meeting minutes to show an unanimous arrangement by the board before moving on northwest registered agent new york 900 state street. Step 3: Naming Your Nonprofit. Call choice is necessary because it recognizes your function and develops your identification and also identification as well as brand. Pick your company name like you select your child’s name-repeat it often, pretend to answer the phone utilizing the name to hear if it has a wonderful ring to it. You could pick almost northwest registered agent new york 900 state street any kind of name you desire for your organization as long as it is not currently in use. You could check name accessibility on your state’s controling site to see if it is readily available prior to you file it. Usually, this is the secretary of state’s workplace. Tip 4: Incorporate. The consolidation process resembles that of a company. The Articles of Unification are ready as well as filed with the state’s controling body; once again, usually the Assistant of State’s workplace. Some states have example short articles which you can acquire and utilize in drafting your short articles, however, meeting the state’s minimum declaring requirement does not always indicate you satisfy the IRS’s demands. northwest registered agent new york 900 state street Make sure you appropriately and also thoroughly draft posts of consolidation that fulfill the needs of the IRS if you intend to make an application for federal tax exemption; which you will. There is a filing cost connected with this process paid to the state. The fee for the state is usually around $100; the declaring cost for your tax-exempt condition is around $850. Step Five: The Bylaws. You are called for to prepare bylaws for your nonprofit. Laws are the guidelines used by the board to regulate your nonprofit. Many states do not call for a duplicate of the laws to be filed with the state. Despite declaring demands, it is a state regulation calls for that an incorporated entity have written bylaws. The IRS will call for a duplicate of the bylaws to be filed with your application for tax-exemption. Tip Six: Acquire your Federal Company Identification Number (EIN). When you’ve completed your documentation, you will certainly need to request a Company Identification Number (EIN) also referred to as a federal tax obligation ID from the Internal Revenue Service. You can do this promptly as well as easily online. Remember to publish out a duplicate for your permanent records. You will additionally need a duplicate to submit to the Internal Revenue Service with your tax obligation exception application. To request your EIN go to the IRS’s website. It is important to note that merely holding an EIN number does not imply you are approved as a 501( c) 3 by your state or the IRS. You could elevate loan for your company prior to authorization. northwest registered agent new york 900 state street Nevertheless, be conscious that usually, approving organizations require an approved 501( c) 3 as well as will request for a copy of your authorized standing letter. Tip Seven: Application for tax exception to the IRS. After you have integrated your nonprofit as well as acquired your EIN, after that you could start your tax obligation exemption application to the IRS making use of IRS Form 1023. The type can be acquired at the Internal Revenue Service site. This is a detailed application. You must meticulously check out the instructions, find out about the laws of conformity, complete the application, as well as collect & assemble the add-ons. Employing an expert in order to help you is very recommended. If you are trying to do this on your own, the Internal Revenue Service estimates a few hundred hours are essential to complete this application. After your first evaluation, finish the application to the ‘letter’ of their guideline. If your application is unclear or missing out on essential info, it will be returned to you to find out more. If it does not fit within the tax obligation exception regulations, it will be denied. As discussed over, there is a fee connected with this application; about $850. The fee changes regularly, so make certain to examine the filing charge before you send the application. The Internal Revenue Service is currently taking in between 6-8 months to assign the application to an exempt company professional. If your application is accepted, you will get a “Letter of Resolution” that categorizes your company as tax obligation excluded. The great feature of this long process is that the day of your exception is retroactive to the date that the IRS first got your application. This means that if you did get a donation calling for 501( c) 3 standing before your authorization, you will inevitably remain in conformity with the funding organization and also the Internal Revenue Service. Yet, it is not recommended to raise funds externally up until you get your Letter of Decision. State Tax Obligation Exemption. Most states acknowledge as well as accept the government tax obligation exception “Letter of Determination.” Nevertheless, there is a handful of states that have added state requirements to be revenue tax obligation excluded for state functions. You will have to consult your state’s governing body to see if there are added state needs. Continuous Conformity. After you are formally included as a nonprofit organization, there are a handful of points that you should do to keep compliance with state as well as government requirements. Some states call for an annual record. A lot of states require an annual business renewal, as well as some states do not require state revenue tax obligations to be submitted unless the nonprofit obtains a particular threshold earnings. As you can see, each state runs in different ways. The secret is to maintain on your own informed and also up-to-date with the requirements of your certain state. On the government side, IRS Form 990 or a variation of Form 990 is called for to be filed each year. This is the yearly tax return kind for nonprofit organizations no matter income. Presently, the law specifies that if you cannot submit Type 990 for three successive years, the Internal Revenue Service will instantly withdraw your nonprofit condition. If this takes place, then the nonprofit can no more receive tax-deductible payments. In addition, you will certainly need to reapply for tax obligation exception again. You have taken the time to build your nonprofit, so put in the time to take care of it as well as stay compliant. Next month search for a detailed process to increase those first dollars for your freshly integrated nonprofit. ML Wagner Fundraising Group is a small business based in Minneapolis, Minnesota concentrated on helping you increase money without investing it. We are committed to teaching and also training those that have actually recently incorporated non revenues to create a facilities to increase cash and remain lasting over the long run. Whether your mission is to help maintain the environment for future generations or to make sure that the generation of children right here, today, have the very best chances available to them, we could help. With nearly twenty years of experience in all aspects of fundraising, communications as well as task management, we are specialists in raising money with little expenditure attached– as it ought to be northwest registered agent new york 900 state street. You’re ready to begin a nonprofit and make a positive effect in the world and now you should understand the most effective means to set about developing your organization. There is a great deal that goes into a nonprofit, yet not a lot that many any individual can do it. There are, nonetheless, essential steps to take as you start out. Comply with along below and I will certainly aid you start in the best direction with seven crucial pointers. These ideas, when utilized right, will certainly aid develop success in your nonprofit. Create The Nonprofit Entity northwest registered agent new york 900 state street. Creating the actual legal organization could be completed in a number of various methods. The initial as well as most well-known method is by producing an independent 501( c)( 3) with the IRS. This can be an extensive procedure and includes incorporating a business in the state that you want to do business, and also declare tax-exempt standing via the IRS using type 1024. The second, fastest expanding means to form a nonprofit company is via monetary sponsorship. This is where a currently existing 501( c)( 3) organization approves your nonprofit task within its business structure. This allows a company to accomplish nonprofit jobs without the demand for establishing an independent 501( c)( 3) through the Internal Revenue Service. Setting up a monetary sponsorship can be very quick, simple, as well as inexpensive. The most important part of establishing a monetary sponsorship is finding a sponsor who is respectable and also enduring in the nonprofit sector. If the sponsor is not solid, they can negatively influence your nonprofit task. Locate a third party who is skilled and experienced concerning fiscal sponsors to get recommendations from. When starting a nonprofit it is important to thoroughly look into the reason you will be aiding. This will certainly aid you recognize exactly what organizations are currently in existence doing similar work. This will certainly assist your organization in identifying areas that still need help and also companies you can function along with of in much better completing the task. Continual study will certainly assist your organization remain focused on its mission. When doing nonprofit work filing for tax-exempt condition is very important. Several nonprofits miss this step since it could be expensive, just to have to return to the action years down the road. By having tax-exempt condition, your nonprofit can provide donors tax-deductible receipts for their donations. Tax-exempt condition is required when receiving donations from a lot of companies when seeking grant money. Do not put yourself in a bind without tax-exempt standing. You do not want to be clambering to obtain tax-exempt standing with a huge donation pending. Develop An Excellent Fundraising Plan northwest registered agent new york 900 state street. Fundraising is the lifeline of a nonprofit organization. Very little can be achieved without funds to invest. Creating a great fund elevating strategy as well as proceeded monetary security is important to the success of your nonprofit. Locate excellent information on how you can money raise and placed the plan at work from the very beginning. It is not required to employ a fundraising event or give author but rather consider and invest in sources that help you discover how to do these jobs on your own. Nobody is mosting likely to care as much about the financial security of your company as you. Creating a critical strategy on just how your nonprofit will certainly run, accomplish its objective, employ team, and expand will be necessary. Without a critical strategy in position it will certainly be very difficult making sure your nonprofit succeeds. Strategic strategies are blueprints that you can reference back to constantly, making sure your nonprofit gets on track for success. Find an excellent resource or guidebook that explains ways to assemble a good strategic plan for your nonprofit. Ideally your nonprofit will continue to operate successfully for your life time as well as past. While establishing the nonprofit, keep this long-range vision in mind. There is knowledge in developing a solid structure initially as opposed to haphazardly tossing your company together. Take into consideration taking six months to a year in the starting to develop steady fund raising, northwest registered agent new york 900 state street excellent programs, and also great techniques. As an example, use the first year to money raising and raise understanding of your nonprofit so that you can you’re your spending plan. Then with stable financing you can begin paying incomes, workplace expenditures, and fund programs with less stress. Once your programs begin, it will certainly be harder to focus 100% of your initiatives on fundraising. Helping others should be fun. Starting as well as running an effective nonprofit could be fun. If at any kind of factor you locate you have actually shed the “enjoyable factor,” regroup as well as find out how to put the fun back right into your efforts. If fun and enjoyment is not a constant component of your nonprofit initiatives, it will certainly be challenging to proceed. See to it those you help, those that volunteer, and also yourself are having a blast as well as your nonprofit venture will certainly constantly live. Nonprofits give essential services and also support lots of essential objectives both in your area as well as worldwide. Yet it can be hard to create and build a nonprofit that will serve its goal as well as make a distinction. There are many distinctions between a for profit firm as well as a nonprofit. Luckily, Nolo, a company that makes the legislation obtainable to anybody, has a superb guide to assist you get started or to help you continue along if you are begun however having trouble building it to where you desire it to go. northwest registered agent new york 900 state street The 4th Edition of “Starting & Structure a Nonprofit A Practical Guide” by Peri H. Pakroo, J.D., is a necessary overview of help you obtain your nonprofit working as well as, most significantly, keep it going. Like a lot of Nolo books, it is arranged in a very easy manner to enable the reader to gain one of the most details in a functional fashion. The brief intro offers some nonprofit essentials and also a couple of words on running a nonprofit. After the introduction, there are chapters that focus on calling and also structuring your nonprofit, creating your critical plan, creating your preliminary budget, your board of supervisors, your labor force of personnel and also volunteers, fundraising, danger management and also insurance, recognizing contracts as well as arrangements, marketing your nonprofit, publishing educational materials, spreading the word online regarding your nonprofit, handling your funds, and obtaining professional aid. These chapters supply good general details. They give the essentials. Nevertheless, you will certainly want to find out more about a few of these topics. Take fundraising as an example. This is a very important location for nonprofits, and Nolo in fact has a couple of various other books that focus just on this subject. So while the chapter in this book supplies some basic advice, you may wish to further your reading in this field with added resources. I also appreciate the chapter on obtaining professional assistance, since while this publication excels with general information, there are some locations where you actually must seek the suggestions of a professional as well as dealing with attorneys and accountants will be necessary for the nonprofit that wants to prosper. The book comes with a CD-Rom that contains a variety of types and also lists to aid you with your company. These kinds as well as checklists go along with the numerous phases in the book. There are likewise paper copies in the back of the book. This is a simple book to review with a great deal of good information to aid you with starting a nonprofit or if you are operating at developing a nonprofit, to produce a reliable organization that will make a distinction. It is not the only referral you will certainly need, and also as a matter of fact the book advises other Nolo titles to help with developing a nonprofit company and fundraising. I do recommend this book as a starting northwest registered agent new york 900 state street place to any individual collaborating with a nonprofit, especially board of directors, executive supervisors, or somebody needing to know just what it requires to start one. And also it is a good reference for an Executive Director or Board member to read and also carry the shelf. Solution on your own Why, why you wished to a non profit company. If you got a clear, bold solution, you completed very first step. Discover your Exactly what, a casue to collaborate with your non revenues, either education, environmental, Social cause any kind of thing you thing will be your non profits USP as well as requires to function. If you got a clear, strong answer, you completed second step. Exactly how are you mosting likely to survive/sustain your non profits organization, exactly how are you discovered fuel its funding. Are you having other individual earnings resource? How are you going to manange sources( staff/volunteers)? If you got a clear, bold answer, you completed third action. As you specifically discuss that you are thinking about a philanthropic organization/NGO, legitimately there is no commitment to register your organization unless & until they wish to raise funds, declare tax exception for their contributors & in this situation every organization is legally called for to document a trust deed/ Memorandum of Understandings which contain the name and also address of the organization & its objective as well as objectives, regulating body participants & their details, administrative laws as well as treatments, personnel and also staffing information, policies and laws whereby it will certainly be operational.Before you actually register you organization, you need your governing body that will certainly be responsible for all the organization choices, method/ modus operandi & all economic management/plans of the company. Application for Enrollment: Your Application ought to be submitted to authorities of jurisdiction in the location where the count on want to run or in the region where it is to be registered.Application type appropriately sent with complete information of regulating body members (minimum two members are called for as in controling body (in your instance trustee participants) & signed up trust fund’s office address with an enrollment cost & court fee which could differ based on state/region where the count on is registering itself.Application should be singed prior to the registrar as well as main authorities of charity commissioner with an approval letter by the regulating body when all legal documentations are charge is paid by the members. Keep in mind: Though there could be slight distinction in the enrollment process/fees/documents needed as guidelines and acts are different in each state while considering depend on registration in India.Make certain to be prepared with listed below some factors before you lawfully register your company to sustain in long term. You can use several resources at beginning I would certainly suggest you to have mouth advertising your NGO with the help of your buddies, family members, relatives etc as well as their circle, when you begin obtaining excellent amount of donation/funding, you might make use of some to advertise your organization.The basic one is to have your own web site and also advertise your NGO with your job summary, there are numerous alternatives offered to assist you get great site visitors numbers to your website.You can have sponsored Facebook posts where you can post your NGO’s pictures, articles, and testimonials of volunteer or beneficiary of your NGO which consequently will order even more attention of people.You can prepare for some occasions in public areas like train station, bus-stop, shopping centers, yards, medical facilities where a short interesting video, dramatization, flash-mob dance from your volunteer will certainly function to gather people attraction and after that you could advertise your NGO to them, which then can assist you acquire some funding as well, so attempt to intend as high as public activities as you can.Keep your website/ Social visibility up-to-date & maintain it s content upgrading on a regular basis that will certainly also aid you to enhance your on the internet presence. Several public minded entrepreneurs could consider starting a nonprofit organization for the improvement of their area. Regrettably, most service people correspond running a nonprofit with volunteer work. You could be an individual with the independent spirit and also service acumen needed to begin a successful nonprofit; you may also be wondering if you could make a good living doing so. While there are restrictions on if the organization itself could show a profit, there are several opportunities for you to directly generate income with a nonprofit organization. 1. Study and also make an application for government, foundation as well as business grants that enable a part of the approved funds to be designated towards administrative expenses. Within the classification of management expenses lies the income and also benefits bundle of the CEO, supervisor or whatever title you make a decision to lead your nonprofit company under northwest registered agent new york 900 state street. 2. Hold charity events for your cause( s) that are organized to allocate a part of the funds raised to functional expenditures– the cost of placing on the fundraising event– as well as management expenses. Most individuals who take part in fundraising comprehend that there are expenses associated with the activity; these will certainly additionally include the costs related to your salary and those of the organizational leadership. 3. Budget plan your salary, advantages and reward bundles in proportion to the amount of profits your company will produce throughout the year. Due to the fact that your leadership efforts will straight influence the quantity of funds increased for many years, you could formulate a payment bundle that will effectively pay you inning accordance with how effective your efforts are. 4. Create profits for your organization through passive sources, including leas, royalties, investments, or rate of interest settlements. If your company is a 501( c) 3– a tax-exempt company– you will have to recognize any type of federal government constraints on this kind of income. However, any extra funding for the company can contribute to the complete amount of your personal revenue when you have attended to the goal of the nonprofit. 5. It is possible to obtain personal value running a nonprofit without getting any kind of cash. For example, lots of nonprofits are able to give lorries, possessed by the company, for the personal use the business management. In addition, gas cards, meal gratuities, as well as traveling costs are all areas where the nonprofit can save you loan by selecting up the bill and increasing your disposable revenue as a result northwest registered agent new york 900 state street. So you have actually thought of a fantastic suggestion and a vision to create a nonprofit company. Yet where do you begin? Below we’ve given your road map to get a brand-new nonprofit off the ground with sustainability always in mind northwest registered agent new york 900 state street northwest registered agent new york 900 state street. The process of developing and integrating a nonprofit is similar to a firm, except for a few distinctions. northwest registered agent new york 900 state street A nonprofit can not be developed from any one of the adhering to entities: Sole Proprietorship, Limited Obligation Company or a Corporation “C” or “S”. A nonprofit, like a firm, is a legal entity different from the founder( s); it could endure the life of its founder( s) and can exist infinitely. Unlike a firm that is owned northwest registered agent new york 900 state street by its shareholders, a nonprofit does not have shareholders as well as is not owned by any individual, but is managed by the board of supervisors. The various other distinctive distinction in between a firm and a nonprofit is how the revenue is exhausted. Now, allow’s take you through the procedure. Tip One: Recruit a Board of Directors. A board needs to consist of diverse depiction from the following: financing, lawful, someone that stands for or is considered a specialist when it come to your objective, somebody that stands for the people you exist to serve, local company exec( s) – northwest registered agent new york 900 state street specifically from a firm who tends to fund organizations like your own, community/professional volunteer( s) – individuals with a network of riches, and also an additional nonprofit executive. Make certain that you work description in position which plainly indicates board participant assumptions, including all details pertaining to your nonprofit. Expectations northwest registered agent new york 900 state street must include administration, financial backing, as well as hands-on management. You do not desire a board of directors that really feels “just turning up” satisfies their obligation. Finally, you never quit trying to find great board participants. Your board should have a set period to make certain there is constantly space for fresh faces, suggestions, and also links. Tip 2: Development Satisfying. The development conference is a meeting of the initial board of directors to vote on integrating and going after the tax obligation exemption standing as well as to establish the objective of the nonprofit. Throughout this meeting and all subsequent board conferences, make sure to take meeting mins to reveal an unanimous contract by the board before progressing northwest registered agent new york 900 state street. Tip Three: Naming Your Nonprofit. Name choice is important since it identifies your function and also produces your identity and also identification and also brand name. Select your company name like you select your kid’s name-repeat it often, pretend to address the phone using the name to hear if it has a wonderful ring to it. You could choose practically northwest registered agent new york 900 state street any name you desire for your company as long as it is not currently in operation. You could check name schedule on your state’s governing website to see if it is readily available before you submit it. Normally, this is the secretary of state’s office. Step Four: Integrate. The incorporation process resembles that of a company. The Articles of Consolidation are prepared and submitted with the state’s regulating body; again, commonly the Secretary of State’s office. Some states have example write-ups which you could get as well as use in preparing your articles, nonetheless, satisfying the state’s minimum declaring requirement does not necessarily mean you meet the Internal Revenue Service’s needs. northwest registered agent new york 900 state street Ensure you correctly and carefully draft articles of incorporation that satisfy the requirements of the IRS if you plan to get government tax exemption; which you will. There is a filing cost connected with this procedure paid to the state. The cost for the state is normally around $100; the filing fee for your tax-exempt condition is around $850. Tip 5: The Laws. You are required to prepare bylaws for your nonprofit. Bylaws are the guidelines utilized by the board to govern your nonprofit. Many states do not require a duplicate of the laws to be submitted with the state. Despite filing requirements, it is a state law calls for that a bundled entity have actually created bylaws. The Internal Revenue Service will certainly need a copy of the laws to be submitted with your application for tax-exemption. Step 6: Get your Federal Company Identification Number (EIN). Once you have actually completed your paperwork, you will should make an application for a Company Identification Number (EIN) likewise known as a government tax ID from the IRS. You could do this quickly and conveniently online. Don’t forget to print out a duplicate for your irreversible documents. You will certainly additionally need a duplicate to submit to the IRS with your tax obligation exemption application. To look for your EIN go to the Internal Revenue Service’s internet site. It is important to keep in mind that just holding an EIN number does not mean you are approved as a 501( c) 3 by your state or the IRS. You could increase loan for your company before approval. northwest registered agent new york 900 state street Nonetheless, be conscious that typically, giving organizations call for an authorized 501( c) 3 and also will ask for a duplicate of your approved condition letter. Step 7: Application for tax exception to the Internal Revenue Service. After you have integrated your nonprofit as well as gotten your EIN, after that you can start your tax obligation exception application to the Internal Revenue Service utilizing Internal Revenue Service Type 1023. The form could be obtained at the IRS site. This is an extensive application. You must carefully review the guidelines, find out about the legislations of compliance, complete the application, as well as collect & assemble the add-ons. Working with a specialist to help you is very recommended. If you are attempting to do this by yourself, the IRS approximates a few hundred hours are needed to complete this application. After your first evaluation, complete the application to the ‘letter’ of their direction. If your application is not clear or missing vital details, it will be returned to you to learn more. If it does not fit within the tax obligation exemption guidelines, it will be rejected. As pointed out above, there is a charge associated with this application; roughly $850. The charge adjustments occasionally, so make certain to check the filing charge prior to you send the application. The Internal Revenue Service is currently taking in between 6-8 months to designate the application to an exempt organization expert. If your application is accepted, you will certainly get a “Letter of Decision” that categorizes your organization as tax obligation excluded. The nice aspect of this long process is that the date of your exception is retroactive to the day that the Internal Revenue Service first received your application. This means that if you did receive a donation needing 501( c) 3 status prior to your authorization, you will eventually remain in compliance with the financing organization and the IRS. Yet, it is not advised to increase funds externally up until you receive your Letter of Resolution. State Tax Exception. Most states recognize and accept the government tax obligation exemption “Letter of Decision.” Nevertheless, there is a handful of states that have extra state requirements to be revenue tax obligation exempt for state functions. You will certainly have to consult your state’s governing body to see if there are additional state requirements. Continuous Conformity. After you are formally integrated as a nonprofit organization, there are a handful of things that you should do to preserve conformity with state as well as government needs. Some states require an annual record. The majority of states need an annual company revival, and also some states do not require state income tax obligations to be submitted unless the nonprofit obtains a particular limit earnings. As you can see, each state runs differently. The secret is to maintain on your own notified and also updated with the needs of your certain state. On the government side, IRS Type 990 or a variant of Form 990 is called for to be submitted annually. This is the yearly income tax return kind for nonprofit organizations no matter earnings. Currently, the legislation states that if you cannot submit Type 990 for 3 successive years, the IRS will automatically revoke your nonprofit condition. If this happens, then the nonprofit can not obtain tax-deductible contributions. Additionally, you will have to reapply for tax obligation exemption once again. You have actually put in the time to build your nonprofit, so put in the time to take care of it as well as stay compliant. Next month look for a detailed procedure to raise those initial bucks for your recently integrated nonprofit. ML Wagner Fundraising Group is a small business based in Minneapolis, Minnesota concentrated on helping you increase cash without investing it. We are committed to mentor and training those who have actually just recently integrated non earnings to create an infrastructure to raise money and remain lasting over the long haul. Whether your goal is to assist maintain the natural world for future generations or to guarantee that the generation of kids here, today, have the best opportunities readily available to them, we could assist. With virtually twenty years of experience in all facets of fundraising, interactions and task management, we are professionals in increasing money with little expense attached– as it ought to be northwest registered agent new york 900 state street. You prepare to begin a nonprofit and also make a favorable impact worldwide as well as now you have to recognize the best way to set about producing your company. There is a lot that enters into a nonprofit, however not so much that most anyone can do it. There are, nonetheless, important actions to take as you begin. Comply with along listed below and I will help you get going in the ideal instructions with 7 necessary pointers. These suggestions, when utilized right, will certainly assist develop success in your nonprofit. Produce The Nonprofit Entity northwest registered agent new york 900 state street. Developing the real legal organization could be completed in several various ways. The initial and also most recognized way is by developing an independent 501( c)( 3) with the Internal Revenue Service. This can be a prolonged process as well as includes including a firm in the state that you wish to do business, and filing for tax-exempt condition through the IRS making use of kind 1024. The 2nd, fastest expanding way to develop a nonprofit organization is with fiscal sponsorship. This is where a currently existing 501( c)( 3) company approves your nonprofit job within its organizational framework. This allows a company to carry out nonprofit tasks without the need for establishing an independent 501( c)( 3) through the Internal Revenue Service. Establishing a financial sponsorship could be really quick, easy, and also low-cost. One of the most vital part of establishing a fiscal sponsorship is discovering an enroller that is trustworthy and also long-lasting in the nonprofit field. If the sponsor is not solid, they could negatively affect your nonprofit job. Find a 3rd party who is knowledgeable and also educated concerning financial sponsors to obtain referrals from. When starting a nonprofit it is very important to thoroughly investigate the reason you will certainly be aiding. This will aid you comprehend what companies are currently around doing similar work. This will help your organization in figuring out areas that still need help and companies you could work along with of in far better accomplishing the job. Continuous study will aid your company remain focused on its objective. When doing nonprofit work declare tax-exempt standing is very important. Lots of nonprofits skip this step since it could be costly, just to should return to the step years later on. By having tax-exempt standing, your nonprofit can offer benefactors tax-deductible invoices for their contributions. Tax-exempt standing is needed when obtaining donations from a lot of corporations and when looking for give cash. Don’t place yourself in a bind without tax-exempt standing. You do not intend to be clambering to get tax-exempt status with a huge donation pending. Establish A Good Fundraising Plan northwest registered agent new york 900 state street. Fundraising is the lifeline of a nonprofit organization. Very little could be completed without funds to invest. Creating a great fund increasing plan and also proceeded economic stability is essential to the success of your nonprofit. Find great information on how to fund raise as well as placed the strategy at work from the very start. It is not needed to work with a charity event or give writer however rather look at as well as buy resources that aid you learn to do these tasks on your own. No one is going to care as much about the economic stability of your company as you. Establishing a calculated strategy on exactly how your nonprofit will certainly operate, complete its goal, employ staff, and also grow will be needed. Without a tactical plan in position it will be really difficult to earn sure your nonprofit achieves success. Strategic plans are plans that you could reference back to constantly, making certain your nonprofit is on track for success. Locate a great resource or guidebook that explains how to create an excellent tactical strategy for your nonprofit. With any luck your nonprofit will continue to run effectively for your lifetime and past. While establishing the nonprofit, maintain this long-range vision in mind. There is knowledge in developing a strong foundation at first as opposed to carelessly throwing your company with each other. Think about taking 6 months to a year in the starting to establish steady fund raising, northwest registered agent new york 900 state street great programs, and also excellent methods. For example, make use of the first year to money raising as well as increase awareness of your nonprofit to ensure that you can you’re your budget. After that with steady funding you can start paying salaries, workplace expenditures, and fund programs with much less tension. When your programs start, it will certainly be harder to concentrate 100% of your initiatives on fundraising. Helping others ought to be fun. Starting as well as running an effective nonprofit could be enjoyable. If at any type of factor you find you have shed the “enjoyable aspect,” collect yourself and figure out how to put the enjoyable back right into your initiatives. If fun and also pleasure is not a constant part of your nonprofit efforts, it will certainly be challenging to proceed. Ensure those you help, those that volunteer, as well as yourself are having a blast and your nonprofit undertaking will always live. Nonprofits offer crucial solutions as well as support several vital objectives both locally as well as internationally. However it could be tough to develop and develop a nonprofit that will serve its mission and make a distinction. There are numerous distinctions between a commercial corporation and a nonprofit. Luckily, Nolo, a company that makes the law easily accessible to any individual, has an excellent overview of aid you get going or in order to help you continue along if you are begun yet having problem constructing it to where you desire it to go. northwest registered agent new york 900 state street The 4th Edition of “Starting & Structure a Nonprofit A Practical Guide” by Peri H. Pakroo, J.D., is an essential overview of aid you get your nonprofit operating and, most notably, maintain it going. Like the majority of Nolo publications, it is organized in a very easy fashion to permit the viewers to acquire the most info in a usable fashion. The short intro supplies some nonprofit fundamentals and a couple of words on running a nonprofit. After the introduction, there are phases that focus on naming and also structuring your nonprofit, establishing your strategic plan, creating your initial spending plan, your board of supervisors, your workforce of staff and volunteers, fundraising, risk monitoring and also insurance policy, understanding agreements and contracts, marketing your nonprofit, publishing informational products, spreading the word online about your nonprofit, managing your funds, as well as obtaining professional help. These phases offer good basic details. They supply the essentials. Nevertheless, you will certainly wish to find out more regarding a few of these subjects. Take fundraising for example. This is a very important area for nonprofits, and also Nolo actually has a few various other books that concentrate just on this topic. So while the phase in this publication provides some basic guidance, you might wish to further your reading in this area with extra resources. I likewise value the chapter on getting expert help, due to the fact that while this book is good with general details, there are some areas where you really must look for the guidance of a specialist and also working with attorneys and also accountants will certainly be important for the nonprofit that intends to do well. The book has a CD-Rom that contains a variety of kinds and also checklists to assist you with your organization. These kinds and also checklists go along with the numerous phases in the book. There are additionally hard copies in the back of guide. This is a very easy book to check out with a great deal of good information to assist you with starting a nonprofit or if you are working from constructing a nonprofit, to develop a reliable company that will certainly make a distinction. It is not the only recommendation you will need, and as a matter of fact guide advises various other Nolo titles in order to help with forming a nonprofit firm and also fundraising. I do advise this publication as a beginning northwest registered agent new york 900 state street area to anyone collaborating with a nonprofit, especially board of supervisors, executive supervisors, or somebody would like to know what it takes to begin one. As well as it is a great reference for an Exec Supervisor or Board member to read and also have on the rack. Solution on your own Why, why you intended to a non profit organization. If you got a clear, bold response, you completed primary step. Find your Just what, a casue to deal with your non profits, either education, ecological, Social cause any type of point you thing will certainly be your non earnings USP as well as requires to function. If you obtained a clear, bold response, you completed second step. Exactly how are you going to survive/sustain your non profits company, exactly how are you discovered gas its funding. Are you having other individual earnings resource? How are you going to manange resources( staff/volunteers)? If you obtained a clear, vibrant answer, you finished third step. As you especially state that you are taking into consideration a philanthropic organization/NGO, legitimately there is no commitment to register your company unless & till they want to elevate funds, claim tax exemption for their contributors & in this instance every company is legitimately needed to document a count on deed/ Memorandum of Understandings which contain the name and also address of the organization & its mission and objectives, controling body participants & their details, administrative laws as well as treatments, human resource and staffing details, rules as well as guidelines whereby it will be operational.Before you really register you organization, you require your regulating body who will be accountable for all the company decisions, approach/ modus operandi & all monetary management/plans of the company. Application for Enrollment: Your Application should be sent to authorities of territory in the area where the count on wish to operate or in the area where it is to be registered.Application kind properly submitted with complete information of controling body members (minimum 2 participants are called for as in regulating body (in your instance trustee participants) & registered trust’s office address with an enrollment charge & court cost which could differ according to state/region where the trust is registering itself.Application needs to be singed prior to the registrar and also official authorities of charity commissioner with a consent letter by the regulating body when all lawful paperworks are cost is paid by the members. Keep in mind: Though there may be minor distinction in the registration process/fees/documents needed as policies and also acts are different in each state while thinking about trust registration in India.Make sure to be all set with below some points prior to you legally register your organization to maintain in long-term. You can use several sources at start I would certainly recommend you to have mouth promoting your NGO with the assistance of your pals, household, relatives etc and also their circle, when you start getting excellent amount of donation/funding, you can use some to advertise your organization.The basic one is to have your very own website as well as promote your NGO with your job summary, there are multiple alternatives available to assist you get good site visitors numbers to your website.You could have sponsored Facebook blog posts where you can upload your NGO’s pictures, messages, and testimonials of volunteer or recipient of your NGO which in turn will get even more focus of people.You can prepare for some occasions in public areas like railway station, bus-stop, shopping centers, yards, health centers where a short appealing video, drama, flash-mob dancing from your volunteer will function to collect individuals destination and afterwards you could promote your NGO to them, which subsequently can aid you gain some funding also, so aim to plan as much as public tasks as you can.Keep your site/ Social presence up-to-date & keep it s content updating on a regular basis that will certainly also help you to enhance your on the internet visibility. Lots of civic minded entrepreneurs may take into consideration starting a nonprofit organization for the improvement of their community. However, the majority of business individuals correspond running a nonprofit with volunteer job. You could be a specific with the independent spirit and business acumen required to begin an effective nonprofit; you may likewise be wondering if you could make a suitable living doing so. While there are limitations on if the company itself can reveal a revenue, there are many opportunities for you to directly earn money with a nonprofit organization. 1. Research and also make an application for government, foundation and also corporate gives that permit a portion of the approved funds to be assigned towards administrative costs. Within the category of administrative expenses exists the wage as well as advantages package of the CEO, director or whatever title you decide to lead your nonprofit company under northwest registered agent new york 900 state street. 2. Hold charity events for your cause( s) that are organized to allot a portion of the funds elevated to operational costs– the cost of putting on the fundraiser– and administrative expenses. Lots of people that join fundraising comprehend that there are expenses associated with the activity; these will certainly additionally consist of the costs associated with your income as well as those of the organizational leadership. 3. Spending plan your wage, advantages as well as bonus offer plans symmetrical to the amount of profits your company will produce during the year. Due to the fact that your management initiatives will straight impact the volume of funds increased for many years, you could create a compensation bundle that will properly pay you inning accordance with just how efficient your efforts are. 4. Create revenue for your organization with passive resources, including rental fees, aristocracies, investments, or rate of interest settlements. If your company is a 501( c) 3– a tax-exempt organization– you will certainly should recognize any kind of government constraints on this type of earnings. Nonetheless, any kind of additional financing for the organization can add to the total amount of your individual revenue as soon as you have addressed the objective of the nonprofit. 5. It is feasible to attain individual value running a nonprofit without receiving any kind of cash. As an example, lots of nonprofits are able to supply lorries, owned by the organization, for the individual use the business leadership. On top of that, gas cards, dish gratuities, as well as travel costs are all locations where the nonprofit could save you cash by choosing up the bill and increasing your non reusable revenue therefore northwest registered agent new york 900 state street. So you’ve developed a great concept as well as a vision to develop a nonprofit organization. However where do you begin? Here we have actually given your road map to obtain a brand-new nonprofit off the ground with sustainability constantly in mind northwest registered agent new york 900 state street northwest registered agent new york 900 state street. The procedure of developing and also including a nonprofit resembles a corporation, except for a couple of distinctions. northwest registered agent new york 900 state street A nonprofit can not be developed from any of the complying with entities: Sole Proprietorship, Limited Responsibility Company or a Company “C” or “S”. A nonprofit, like a company, is a legal entity separate from the founder( s); it can survive the life of its owner( s) and can exist infinitely. Unlike a corporation that is possessed northwest registered agent new york 900 state street by its investors, a nonprofit does not have shareholders and also is not owned by any person, yet is handled by the board of supervisors. The various other unique difference in between a company and also a nonprofit is how the revenue is exhausted. Currently, allow’s take you through the process. Step One: Recruit a Board of Directors. A board must include diverse depiction from the following: finance, lawful, somebody that represents or is taken into consideration a specialist when it come to your objective, somebody who stands for individuals you exist to offer, neighborhood company exec( s) – northwest registered agent new york 900 state street specifically from a firm that has the tendency to money organizations like your own, community/professional volunteer( s) – individuals with a network of wide range, as well as one more nonprofit exec. Ensure that you being employed description in position which plainly shows board member expectations, including all details related to your nonprofit. Assumptions northwest registered agent new york 900 state street should consist of governance, financial backing, and hands-on management. You do not want a board of directors that feels “just appearing” satisfies their responsibility. Lastly, you never stop seeking excellent board participants. Your board must have a collection period to guarantee there is constantly area for fresh faces, ideas, and also connections. Tip 2: Development Meeting. The development conference is a meeting of the preliminary board of directors to vote on integrating and going after the tax obligation exception status as well as to establish the function of the nonprofit. During this meeting as well as all succeeding board conferences, make certain to take conference minutes to show a consentaneous contract by the board before moving on northwest registered agent new york 900 state street. Tip Three: Calling Your Nonprofit. Call selection is essential due to the fact that it recognizes your function as well as creates your identification as well as identity and brand name. Select your company name like you choose your kid’s name-repeat it commonly, pretend to respond to the phone using the name to hear if it has a nice ring to it. You can pick almost northwest registered agent new york 900 state street any type of name you want for your company as long as it is not already being used. You could inspect name availability on your state’s regulating website to see if it is readily available before you submit it. Usually, this is the assistant of state’s workplace. Tip 4: Include. The incorporation process is similar to that of a company. The Articles of Consolidation are ready and submitted with the state’s governing body; once more, typically the Assistant of State’s workplace. Some states have example posts which you could obtain as well as make use of in preparing your posts, nonetheless, meeting the state’s minimum filing demand does not always imply you fulfill the Internal Revenue Service’s demands. northwest registered agent new york 900 state street See to it you correctly and also carefully draft write-ups of consolidation that satisfy the needs of the Internal Revenue Service if you plan to apply for government tax obligation exception; which you will. There is a filing cost related to this procedure paid to the state. The cost for the state is generally around $100; the filing charge for your tax-exempt condition is around $850. Step 5: The Bylaws. You are needed to prepare bylaws for your nonprofit. Laws are the regulations used by the board to control your nonprofit. Most states do not call for a duplicate of the laws to be submitted with the state. Despite filing needs, it is a state regulation requires that a bundled entity have actually written bylaws. The IRS will certainly call for a copy of the laws to be submitted with your application for tax-exemption. Tip 6: Acquire your Federal Employer Recognition Number (EIN). Once you’ve completed your documents, you will have to apply for a Company Identification Number (EIN) likewise called a government tax ID from the Internal Revenue Service. You can do this quickly and quickly online. Don’t forget to print out a duplicate for your permanent documents. You will certainly additionally need a duplicate to send to the IRS with your tax exception application. To make an application for your EIN see the IRS’s site. It is necessary to note that just holding an EIN number does not indicate you are accepted as a 501( c) 3 by your state or the Internal Revenue Service. You could increase loan for your company before authorization. northwest registered agent new york 900 state street Nonetheless, be conscious that generally, approving companies need an approved 501( c) 3 as well as will certainly ask for a duplicate of your authorized standing letter. Tip 7: Application for tax exemption to the IRS. After you have integrated your nonprofit and obtained your EIN, then you could start your tax obligation exception application to the IRS making use of IRS Type 1023. The type could be acquired at the IRS web site. This is a comprehensive application. You must carefully check out the directions, learn about the laws of conformity, finish the application, and accumulate & put together the accessories. Working with a specialist to help you is extremely recommended. If you are attempting to do this on your own, the Internal Revenue Service estimates a few hundred hrs are necessary to complete this application. After your first evaluation, finish the application to the ‘letter’ of their guideline. If your application is not clear or missing vital details, it will certainly be sent back to you for more details. If it does not fit within the tax exemption guidelines, it will be refuted. As discussed above, there is a fee related to this application; roughly $850. The charge modifications occasionally, so make sure to inspect the declaring cost before you submit the application. The Internal Revenue Service is currently taking between 6-8 months to designate the application to an exempt company expert. If your application is accepted, you will get a “Letter of Resolution” that identifies your company as tax excluded. The great aspect of this lengthy process is that the day of your exception is retroactive to the date that the IRS initially received your application. This suggests that if you did receive a donation needing 501( c) 3 condition before your approval, you will ultimately be in conformity with the funding company and also the IRS. Yet, it is not recommended to elevate funds on the surface up until you receive your Letter of Decision. State Tax Obligation Exception. A lot of states recognize as well as approve the government tax exception “Letter of Decision.” Nevertheless, there is a handful of states that have additional state requirements to be earnings tax exempt for state purposes. You will have to consult your state’s governing body to see if there are additional state requirements. Recurring Compliance. After you are formally included as a nonprofit company, there are a handful of points that you have to do to maintain compliance with state as well as government requirements. Some states require a yearly report. Many states require an annual corporate renewal, and also some states do not call for state revenue tax obligations to be filed unless the nonprofit obtains a certain threshold earnings. As you could see, each state runs in a different way. The secret is to keep yourself informed and also up-to-date with the needs of your certain state. On the government side, IRS Type 990 or a variant of Type 990 is required to be filed each year. This is the annual tax return type for nonprofit organizations despite income. Presently, the legislation states that if you fail to file Kind 990 for three successive years, the IRS will automatically withdraw your nonprofit status. If this takes place, then the nonprofit could no more get tax-deductible payments. In addition, you will certainly need to reapply for tax exemption once more. You have taken the time to build your nonprofit, so put in the time to deal with it and also stay certified. ML Wagner Fundraising Team is a small company based in Minneapolis, Minnesota focused on aiding you elevate cash without investing it. We are committed to mentor and training those that have lately included non profits to develop an infrastructure to elevate loan and also stay lasting over the long run. Whether your goal is to help preserve the environment for future generations or to make sure that the generation of children right here, today, have the best opportunities offered to them, we can assist. With virtually twenty years of experience in all facets of fundraising, communications as well as project administration, we are specialists in increasing loan with little expenditure affixed– as it ought to be northwest registered agent new york 900 state street. You prepare to start a nonprofit as well as make a favorable influence in the world and now you need to understand the very best way to tackle producing your company. There is a lot that goes into a nonprofit, yet not so much that many anybody could do it. There are, nevertheless, essential steps to take as you start. Comply with along below as well as I will assist you get going in the ideal instructions with 7 important suggestions. These tips, when made use of right, will aid produce success in your nonprofit. Producing the real legal company can be achieved in numerous various ways. The very first and also most known way is by creating an independent 501( c)( 3) with the IRS. This could be an extensive procedure and consists of including a company in the state that you want to do service, as well as filing for tax-exempt standing with the Internal Revenue Service making use of form 1024. The second, fastest expanding way to form a nonprofit organization is via fiscal sponsorship. This is where an already existing 501( c)( 3) organization approves your nonprofit job within its business framework. This allows a company to execute nonprofit jobs without the need for establishing an independent 501( c)( 3) through the IRS. Establishing a monetary sponsorship could be really fast, simple, and also economical. One of the most vital part of setting up a financial sponsorship is finding an enroller who is trustworthy and also enduring in the nonprofit sector. If the sponsor is not solid, they could negatively impact your nonprofit task. Discover a 3rd party who is experienced and knowledgeable about monetary sponsors to obtain referrals from. When beginning a nonprofit it is important to extensively investigate the reason you will be assisting. This will aid you comprehend what organizations are currently out there doing similar job. This will certainly aid your organization in determining areas that still need assistance and also companies you can work alongside of in much better completing the task. Continuous research study will help your organization remain focused on its objective. When doing nonprofit work filing for tax-exempt standing is important. Many nonprofits skip this step since it can be expensive, just to need to come back to the step years in the future. By having tax-exempt standing, your nonprofit could give donors tax-deductible invoices for their donations. Tax-exempt status is necessary when getting contributions from most firms when looking for give money. Do not put yourself in a bind without tax-exempt standing. You do not want to be clambering to obtain tax-exempt status with a big donation pending. Create A Great Fundraising Plan northwest registered agent new york 900 state street. Fundraising is the lifeline of a nonprofit organization. Very little can be achieved without funds to spend. Creating a good fund raising strategy and continued monetary stability is essential to the success of your nonprofit. Discover excellent info on how to fund raising as well as put the strategy in action from the very beginning. It is not required to employ a fundraiser or grant writer but instead consider and also buy sources that help you discover how to do these tasks yourself. No one is going to care as much concerning the monetary security of your organization as you. Establishing a critical strategy on how your nonprofit will run, achieve its mission, work with team, and expand will be necessary. Without a tactical plan in place it will certainly be very hard making sure your nonprofit achieves success. Strategic plans are blueprints that you could reference back to continually, seeing to it your nonprofit is on track for success. Locate a good source or manual that discusses ways to put together a great calculated plan for your nonprofit. Hopefully your nonprofit will certainly continuously operate effectively for your lifetime and also past. While establishing the nonprofit, keep this long-range vision in mind. There is wisdom in developing a solid structure at first rather than carelessly throwing your company together. Think about taking 6 months to a year in the beginning to develop stable fund raising, northwest registered agent new york 900 state street fantastic programs, and great techniques. For instance, use the initial year to money raising and increase understanding of your nonprofit so that you can you’re your budget. Then with stable funding you can begin paying incomes, office expenditures, as well as fund programs with less stress and anxiety. When your programs start, it will be harder to focus 100% of your initiatives on fundraising. Helping others need to be fun. Beginning and also running a successful nonprofit could be fun. If at any kind of point you locate you have shed the “enjoyable aspect,” regroup and figure out how to place the enjoyable back right into your initiatives. If enjoyable and pleasure is not a constant part of your nonprofit initiatives, it will certainly be tough to continue. Make sure those you help, those that volunteer, as well as on your own are having a blast as well as your nonprofit undertaking will certainly constantly live. Nonprofits offer essential services and also sustain several important objectives both in your area as well as globally. But it can be tough to create as well as construct a nonprofit that will certainly offer its mission as well as make a difference. There are numerous distinctions between a for profit firm and also a nonprofit. Thankfully, Nolo, a business that makes the law obtainable to any individual, has an exceptional guide to aid you begin or in order to help you proceed along if you are started but having problem building it to where you desire it to go. northwest registered agent new york 900 state street The Fourth Edition of “Beginning & Structure a Nonprofit A Practical Guide” by Peri H. Pakroo, J.D., is a crucial overview of aid you obtain your nonprofit working and also, most importantly, maintain it going. Like many Nolo books, it is organized in an easy fashion to allow the visitor to get one of the most information in a functional manner. The short introduction offers some nonprofit fundamentals and a couple of words on running a nonprofit. After the introduction, there are phases that focus on naming and structuring your nonprofit, creating your critical strategy, establishing your first budget plan, your board of directors, your workforce of staff as well as volunteers, fundraising, threat management and insurance, understanding agreements as well as arrangements, marketing your nonprofit, releasing educational materials, getting the word out online concerning your nonprofit, handling your funds, and obtaining expert assistance. These chapters offer excellent basic information. They supply the essentials. Nonetheless, you will certainly intend to learn more concerning some of these topics. Take fundraising as an example. This is an extremely important location for nonprofits, and also Nolo in fact has a couple of other books that focus just on this subject. So while the phase in this book offers some basic guidance, you may want to advance your analysis in this area with extra resources. I also appreciate the phase on getting professional aid, since while this publication excels with general details, there are some locations where you truly must seek the advice of a professional as well as dealing with attorneys as well as accountants will be essential for the nonprofit that wants to do well. Guide has a CD-Rom which contains a number of kinds and checklists to assist you with your organization. These forms as well as checklists support the different chapters in guide. There are also paper copies in the rear of guide. This is a simple publication to check out with a great deal of good details to help you with starting a nonprofit or if you are working at building a nonprofit, to create an effective organization that will make a difference. It is not the only reference you will certainly need, and actually guide suggests various other Nolo titles in order to help with forming a nonprofit firm as well as fundraising. I do advise this book as a starting northwest registered agent new york 900 state street place to any person working with a nonprofit, particularly board of directors, executive directors, or somebody wanting to know exactly what it requires to start one. As well as it is an excellent reference for an Executive Director or Board participant to read as well as have on the rack. Answer on your own Why, why you wished to a non profit company. If you got a clear, vibrant solution, you finished first step. Locate your What, a casue to work with your non earnings, either education and learning, ecological, Social create any kind of point you thing will certainly be your non revenues USP and requires to function. If you got a clear, vibrant answer, you finished 2nd step. Exactly how are you going to survive/sustain your non profits company, exactly how are you discovered fuel its funding. Are you having various other person earnings resource? How are you going to manange sources( staff/volunteers)? If you obtained a clear, bold answer, you completed 3rd step. As you specifically mention that you are taking into consideration a philanthropic organization/NGO, legally there is no commitment to register your organization unless & until they want to elevate funds, declare tax exception for their contributors & in this case every company is legally required to document a count on deed/ Memorandum of Understandings that contain the name as well as address of the company & its mission and also objectives, governing body members & their details, management laws as well as treatments, personnel and staffing information, regulations and guidelines by which it will be operational.Before you in fact register you company, you require your controling body that will certainly be accountable for all the company choices, method/ modus operandi & all financial management/plans of the organization. Application for Enrollment: Your Application ought to be sent to official of territory in the area where the count on want to operate or in the region where it is to be registered.Application kind properly submitted with full information of governing body participants (minimum two members are called for as in regulating body (in your instance trustee members) & signed up count on’s office address with a registration charge & court cost which might vary as per state/region where the depend on is registering itself.Application should be singed before the registrar as well as main authorities of charity commissioner with an approval letter by the controling body when all legal paperworks are cost is paid by the participants. Keep in mind: Though there may be minor distinction in the enrollment process/fees/documents needed as policies and also acts are various in each state while taking into consideration depend on registration in India.Make certain to be all set with below some points before you legally register your company to maintain in long-term. You could make use of numerous resources at begin I would suggest you to have mouth promoting your NGO with the assistance of your pals, household, relatives etc and also their circle, when you begin getting good quantity of donation/funding, you might make use of some to promote your organization.The standard one is to have your own web site as well as promote your NGO with your job summary, there are multiple choices offered in order to help you gain excellent visitors numbers to your website.You could have funded Facebook blog posts where you could publish your NGO’s photos, blog posts, as well as reviews of volunteer or beneficiary of your NGO which in turn will certainly get even more attention of people.You can plan for some events in public areas like train terminal, bus-stop, malls, yards, healthcare facilities where a short appealing video clip, dramatization, flash-mob dance from your volunteer will certainly work to collect individuals tourist attraction as well as then you could promote your NGO to them, which in turn can help you get some financing also, so try to plan as long as public tasks as you can.Keep your site/ Social presence up-to-date & maintain it s content upgrading on a regular basis that will certainly likewise help you to boost your online existence. Numerous civic minded business owners could think about beginning a nonprofit organization for the improvement of their community. Unfortunately, many company individuals equate running a nonprofit with volunteer job. You might be a private with the independent spirit as well as company acumen required to begin an effective nonprofit; you may also be wondering if you could make a respectable living doing so. While there are limitations on if the organization itself could reveal a profit, there are lots of chances for you to directly generate income with a nonprofit organization. 1. Research study and get government, foundation as well as business grants that enable a section of the provided funds to be assigned toward management expenses. Within the group of management expenditures lies the salary as well as benefits plan of the Chief Executive Officer, director or whatever title you choose to lead your nonprofit company under northwest registered agent new york 900 state street. 2. Hold charity events for your reason( s) that are organized to allot a portion of the funds elevated to functional costs– the expense of placing on the charity event– as well as administrative prices. Many people that join fundraising recognize that there are expenses associated with the activity; these will certainly also include the costs connected with your income and those of the business leadership. 3. Budget your income, benefits and also bonus packages symmetrical to the amount of earnings your organization will produce throughout the year. Because your management initiatives will straight affect the volume of funds raised over the year, you can create a payment plan that will appropriately pay you inning accordance with how efficient your initiatives are. 4. Produce income for your company through easy sources, including rents, royalties, investments, or rate of interest repayments. If your company is a 501( c) 3– a tax-exempt organization– you will certainly need to understand any government limitations on this type of earnings. Nonetheless, any kind of added financing for the organization could contribute to the complete quantity of your individual profit when you have actually resolved the objective of the nonprofit. 5. It is feasible to achieve personal worth running a nonprofit without receiving any cash money. For instance, numerous nonprofits have the ability to supply cars, had by the organization, for the individual use of the organizational management. Additionally, gas cards, meal gratuities, and traveling costs are all areas where the nonprofit could save you loan by choosing up the expense and increasing your disposable revenue because of this northwest registered agent new york 900 state street.

2019-04-20T17:14:16Z

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Comprehensive Cancer Center, The Ohio State University, Columbus, Ohio. Department of Internal Medicine, Oncology/Hematology Fellowship, The Ohio State University, Columbus, Ohio. Center for Biostatistics, Department of Biomedical Informatics, The Ohio State University, Columbus, Ohio. Biomedical Sciences Graduate Program, Comprehensive Cancer Center, The Ohio State University, Columbus, Ohio. Division of Medical Oncology, Department of Internal Medicine, The Ohio State University, Columbus, Ohio. Department of Neurological Surgery, Dardinger Laboratory for Neuro-oncology and Neurosciences, The Ohio State University Wexner Medical Center, Columbus, Ohio. Division of Hematology, Department of Internal Medicine, The Ohio State University, Columbus, Ohio. Multiple myeloma remains incurable and the majority of patients die within 5 years of diagnosis. Reolysin, the infusible form of human reovirus (RV), is a novel viral oncolytic therapy associated with antitumor activity likely resulting from direct oncolysis and a virus-mediated antitumor immune response. Results from our phase I clinical trial investigating single agent Reolysin in patients with relapsed multiple myeloma confirmed tolerability, but no objective responses were evident, likely because the virus selectively entered the multiple myeloma cells but did not actively replicate. To date, the precise mechanisms underlying the RV infectious life cycle and its ability to induce oncolysis in patients with multiple myeloma remain unknown. Here, we report that junctional adhesion molecule 1 (JAM-1), the cellular receptor for RV, is epigenetically regulated in multiple myeloma cells. Treatment of multiple myeloma cells with clinically relevant histone deacetylase inhibitors (HDACi) results in increased JAM-1 expression as well as increased histone acetylation and RNA polymerase II recruitment to its promoter. Furthermore, our data indicate that the combination of Reolysin with HDACi, potentiates RV killing activity of multiple myeloma cells in vitro and in vivo. This study provides the molecular basis to use these agents as therapeutic tools to increase the efficacy of RV therapy in multiple myeloma. Mol Cancer Ther; 15(5); 830–41. ©2016 AACR. Reovirus (RV) Serotype 3–Dearing Strain is a nonenveloped double-stranded RNA oncolytic virus (OV) that is widespread in nature (1). RV is capable of selectively replicating in transformed cells leading to selective antitumor activity without harming normal tissues (2, 3). The surface protein junctional adhesion molecule 1 (JAM-1) and in the central nervous system negative growth regulatory protein 1 (NGR1) are the cellular receptors responsible for RV entry in human cells (4, 5). The virus mediates its antitumor activity via induction of direct cytolysis and activation of a tumor-directed immune response (6–8). Multiple myeloma is an incurable blood cancer affecting approximately 83,000 people in the United States. Over 50% of these patients die within 5 years of diagnosis (9), and those with high-risk disease (1p deletion, 1q amplification, 17p deletion) have more dismal prognoses associated with an estimated 24-month survival (10). In most patients, relapse remains inevitable due to the presence of resistant residual disease (9). Preclinical evidence has demonstrated that Reolysin induces multiple myeloma cell oncolysis alone, but that it is more effective in combination with the proteasome inhibitor (PI) by increasing the expression of endoplasmic reticulum (ER) stress-related genes (11–13). We recently reported that single agent Reolysin is safe and well tolerated in patients with relapsed multiple myeloma (14). Our correlative analyses revealed that viral RNA, but not active viral replication, was evident in the patient's multiple myeloma cells approximately one week after initial RV treatment. Correlative studies from our phase I trial revealed that patient's multiple myeloma cells displayed minimal, or no expression of the RV receptor JAM-1 (4); findings consistent with RV resistance and with the importance of viral cell entry to affect RV-mediated tumor cell killing in cancer cells (15). Histone acetyltransferases and histone deacetylases (HDAC) affect a broad array of genes involved in cell cycle, apoptosis, and protein folding by regulating the acetylation status of their promoters, or through posttranslational modifications (16). In multiple myeloma, HDACis have shown only minimal activity as a single agent (17). That being said, two phase IB trials showed that some patients were able to be salvaged by a combination of the HDACi, vorinostat (SAHA), or panobinostat (LBH) with proteasome inhibitor (18, 19). On the basis of the recent FDA approval for the use of LBH in the treatment of multiple myeloma patients (20), HDACi are now relevant therapeutic options that require further investigation to identify ways to best optimize their clinical use. Here we show that clinically relevant pan-HDACi upregulate the expression of the RV receptor JAM-1 (4), an effect that increases the sensitivity of multiple myeloma cells to the oncolytic effects of RV in vitro and in vivo. These data support that combining RV with HDACi is a promising therapeutic strategy in patients with multiple myeloma. RPMI-8226 (CRM-CCL-155), U266 (TIB-196), NCI-H929 (CRL-9068), and MM.1S (CRL-2974) multiple myeloma cell lines were purchased from ATCC. L363 (ACC-49) multiple myeloma cells were purchased from DSMZ German Collection of Microrganisms and Cell Cultures. Cell lines were cultured in RPMI1640 medium supplemented with 10% heat-inactivated FBS and penicillin and streptomycin antibiotics. Karyotype analysis was used to validate multiple myeloma cell lines used. Primary multiple myeloma patient cells were obtained from bone marrow aspirates, following informed consent according to an Institutional Review Board (IRB)-approved protocol, and CD138-positive cells were isolated using EasySep CD138 positive selection kit (Stem Cell Technologies, cat# 18357). Reolysin used for preclinical studies was a gift from Dr. Matt Coffey (Oncolytics Biotech Inc.). AR-42 was provided by Arno Therapeutics, JQ12 was a gift from the laboratory of Dr. Baiocchi (The Ohio State University Wexner Medical Center, Columbus, OH), and 5-Aza-2′-deoxycytidine was obtained from Sigma Aldrich (cat# A3656). SAHA (cat# S1047), LBH-589 (cat# S1030), RGFP966 (cat# S7229), and entinostat (cat# S1053) were purchased from Selleckchem. Multiple myeloma cells were plated in triplicate on 96-well plates with DMSO and treated with RV alone, or in combination with different HDACi at the concentrations indicated. To calculate the effectiveness of the different HDACi (IC50) at 48 hours, the drugs were added every 24 hours for a total of two times. For RV+HDACi combination experiments, multiple myeloma cells were treated with RV and HDACi in combination or as single agents for 48 hours, without addition of extra drug (HDACi) at 24 hours. To exclude different HDACi half-lives could affect the read out of our experiments, multiple myeloma cells were pretreated for 10 hours with HDACi, and following drug washout, were infected for 48 hours with RV. BD Pharmingen FITC Annexin V (BD Biosciences, cat# 556419) staining kit was used to assess multiple myeloma cell viability. We examined the ability of HDACi to synergize with RV using the Chou–Talalay synergy analysis, a mathematical way of evaluating interactions between two drugs (21–24). This analysis is frequently utilized to investigate synergy between anticancer agents (24). Data shown are a standard synergy analysis. Briefly, the 50% effective dose (ED50) of HDACi and RV were each defined as the dosage yielding 50% cell viability 48 hours after treatment, as compared with untreated controls (RV MOI5, AR-42 0.2 μmol/L, SAHA 1.00 μmol/L, LBH 0.01 μmol/L, and entinostat 2 μmol/L). To evaluate if the combination resulted in synergistic cell killing, the cells were treated with each HDACi alone, RV alone, or HDACi+RV in combination. Concentrations of HDACi and RV were serially diluted at fixed ratios of 0.0625, 0.125, 0.25, 0.5, 1, 2, and 4 times their ED50. The viability data were utilized to calculate the combination index (CI) via the Compusyn program in which CI < 1 indicates synergistic interaction, CI > 1 is antagonistic, and CI = 1 is additive. Cell proliferation was assessed with Aqueous Non-radioactive Cell Proliferation Assay (CellTiter 96, Promega, cat# G3582) according to the manufacturer's instructions. To determine whether the combination of HDACi and RV resulted in enhanced productive infection and generation of new functional viral particles, H929 and L363 cells were treated with DMSO, RV at multiplicity of infection (MOI) 5 alone, or RV with 0.2 μmol/L AR-42, and 1.2 × 106 cells were seeded in 3 mL per well on 24-well plates. After 48 hours, cells were collected, washed three times in cold PBS, and then viral RNA and viral capsid protein (σ3) was analyzed using qRT-PCR and Western blot analysis, respectively. Supernatants were also harvested and used to treat additional multiple myeloma cells at a 1:100 dilution, the effect of which was determined after 24 hours using a cell proliferation assay (CellTiter 96, Promega) according to the manufacturer's instructions. The following antibodies were used in this study: antibody to RVRV capsid protein (compliments of Dr. Matt Coffey of Oncolytics Biotech, Inc.), caspase-3 (1:33, antigen retrieval, cat# Ab4051, Abcam), p38 (1:250, antigen retrieval, cat# Ab7952, Abcam), p-p38 (phospho-T180/Y180; cat# Ab38238, Abcam), and JAM-1 (1:150 with antigen retrieval; cat# Ab52647, Abcam), as described previously (14). Heat-mediated antigen retrieval was performed using solution antigen retrieval pH 6.0 (cat# ab973, Abcam). The viral RNA in situ hybridization (ISH) protocol has also been published previously (14). In brief, after digestion with protease, the tissue and reoviral RNA probes (locked nucleic acid modified 5′ digoxigenin tagged, Exiqon) were coincubated at 60°C for 5 minutes, then hybridized from 2 to 15 hours at 37°C. After a wash in 0.1% of saline sodium citrate buffer pH 7.0 (20X stock solution: 3 mol/L NaCl/0.3 mol/L sodium citrate) and 2% bovine serum albumin (BSA) at 50°C for 10 minutes, the reoviral RNA–probe complexes were visualized via NBT/BCIP (La Roche Inc) by alkaline phosphatase conjugation to anti-digoxigenin antibody. Negative controls included myeloma cells not exposed to RV and omission of the probe. Total RNA was extracted with the TRIzol reagent (Invitrogen, cat# 15596018), according to the manufacturer's protocol. For the detection of RV genome, reverse transcription reactions were done using 100 ng of RNA in a 10-μL reaction using the iScript cDNA Synthesis Kit (Bio-Rad, cat# 1708891). For F11R, cDNA synthesis was performed using 500 ng of RNA in a 20-μL reaction with the High Capacity cDNA Reverse Transcription Kit (Applied Biosystems, cat# 4368814). Reverse transcription reactions were run using a Mastercycler pro. For the quantification of RV genome, qRT-PCR reactions were conducted using the iQ SYBR Green Super Mix (Bio-Rad, cat# 1708880) and the following primers: Reo9: 5′-TGCGCAAGAGGCAGCAATCG-3′ and Reo10: 5′-TTCGCGGGCCTCGCACATTC-3′. F11R qRT-PCR reactions were performed using TaqMan gene expression assay (Applied Biosystems, cat# 4331182). RV genome and F11R expression were normalized against GAPDH expression using the GAPDH PrimePCR SYBR Green assay (Bio-Rad, cat# qHsaCED0038674) and GAPDH TaqMan gene expression assay (Applied Biosystems, cat# 4331182), respectively. All qRT-PCR reactions were run on the Eppendorf Realplex4. Cells were washed in PBS and lysed in RIPA buffer (cat# R0278) supplemented with 10% phosphatase (Thermo Fisher, cat# 1862495) and protease inhibitors (Thermo Fisher, cat# 186178). Lysates were then clarified by spinning at 14,000 rpm at 4°C and protein concentration quantified by Bradford assay. Fifty micrograms of protein was boiled in loading buffer for three minutes, electrophoresed in Criterion TGX 4%–20% gels (Bio-Rad, cat# 5671095), and transferred to nitrocellulose membranes. Blots were blocked in 5% milk/TBST (20 mmol/L Tris pH 7.5, 150 mmol/L NaCl, 0.5% Tween 20) solution and stained at 4°C overnight with primary antibodies diluted in 2% BSA/TBST. The antibodies used were anti-JAM-1 (1:1,000; cat# Ab52647, Abcam), GAPDH (1:1,000; cat# Ab9485, Abcam), acetylated histone 3 lysine 27 (Ac-H3-K27; 1:1,000; cat# Ab729, Abcam), and anti-RV σ-NS (1:1,000; provided by Oncolytics Biotech Inc.). Blots were washed three times for 15 minutes with TBST and stained with horseradish peroxidase (HRP)-conjugated secondary antibodies (diluted 1:4,000) for 2 hours at room temperature. Following two 10-minute washes in TBST, signals were detected with Super Signal HRP substrate (Thermo Fisher, cat# 34080). Cells were stained with PE-conjugated mouse anti-JAM-1 (cat# bs-3651R-PE, BD Biosciences), or PE-conjugated mouse IgG1/λ isotype control (cat# 550339; BD Biosciences). Data were collected using either a Beckman-Coulter Fc500, or Beckman Coulter Gallios Flow Cytometer and analyzed using the Beckman-Coulter Kaluza software package. In addition, Near-IR Live/Dead Cell Staining Kit (Invitrogen, cat# L10119) was used to ensure data were collected from live cells. Cell lines were treated with RV at a MOI of 500, for either 10, 20, or 45 minutes. Cells were then rinsed three times using cold PBS, incubated for 5 minutes in Trypsin-EDTA (0.25%) to remove uninternalized virus, and washed in PBS again. RV genome was then quantified as described above. To determine if HDACi mediated increased JAM-1 expression resulted in increased association of RV with multiple myeloma cells, H929 and L-363 cell lines were first treated with DMSO (0.001%) or 0.2 μmol/L AR-42 for 24 hours. Cells were then treated with RV at MOI of 500 for 10, 20, or 30 minutes. Cells were collected and RV genome quantified as indicated. Commercially available FlexiTube siRNA (FlexiTube GeneSolution cat# GS50848 for F11R, Qiagen) was used to target mRNA from the F11R gene that encodes the JAM-1 protein. Cells were transfected using a Lonza Nucleofector 4D electroporation system, according to the manufacturer's instructions. Briefly, 5 × 106 cells were suspended in 100-μL solution SF containing 300 nmol/L siRNA from the FlexiTube kit. H929 and L363 cells were then electroporated using the DS150 and CM138 programs, respectively, and then allowed to rest for 12 hours prior to treatment. L-363 cells were incubated with DMSO or 0.2 μmol/L AR-42 for 24 hours. ChIP experiments were then performed using the EZ ChIP kit (Millipore, cat# 17371) according to the manufacturer's instructions. Anti-acetylated H3K27 (cat# Ab4729, Abcam), anti-total acetylated histone 3 (cat# 06-599, Millipore), anti-acetylated histone 4 (cat# 06-866, Millipore), and anti-RNA polymerase II (cat# 05-623, Millipore) antibodies were used for immunoprecipitation. Chromatin antibody complexes were captured with salmon sperm DNA/protein G agarose. After washes, the DNA–protein crosslinks were reversed at 65°C overnight. Immunoprecipitated DNA was then treated with RNase A and proteinase K, and purified by phenol-chloroform extraction and ethanol precipitation. Input and immunoprecipitated DNA were then analyzed by qRT-PCR using SYBR green, as indicated above. The following primers for the F11R promoter region were used: F11RproF: 5′-GAGGTTGGAGGAAGGCTCTC-3′; and F11RproR: 5′- CCAGTGAGGACGAGGAGTGT-3′. Negative control forward primer: 5′-GGTGTGGGATTTACGGAGAC-3′ and negative control reverse primer 5′-CCCAGCGTAGCTCATCTCTC-3′, were designed away of the promoter region (exon 3 in JAM-1 gene). All animal experiments were performed in compliance with federal laws and in strict accordance with the Institutional Animal Care and Use Committee (IACUC) policies and guidelines of the Ohio State University (Columbus, OH). A total of 5 × 106 MM.1S GFP+/Luc+ cells (25) were injected into 30 NOD-SCID mice (Foxn1nu/Fox1nu; Charles River). Two weeks later, mice with similar levels of tumor burden, as determined by bio-luminescence using the In Vivo Imaging System (IVIS), were divided into four groups containing 5 mice per group. The groups were treated with AR-42 (25 mg/kg) alone, RV alone (5 × 108 TCID50), AR-42 combined with RV, and vehicle controls (8% DMSO in PBS for AR-42 control, or PBS for RV control). The AR-42 treatment schedule was Monday-Tuesday-Wednesday, 25 mg/kg via intraperitoneal injection, and RV or PBS (for control) were delivered by single tail vein injections. AR-42 treatments continued for 3 weeks. At the end of treatment, bone marrow cells were isolated from the femurs of mice and infiltration of multiple myeloma cells was analyzed by detection of GFP+ cells by flow cytometry. Two-sample t-test were used to analyze the experiment with two groups involved. For experiments with multiple groups, data were analyzed by ANOVA. Trend analysis was used to evaluate the correlation between the cell viability and intracellular level of RV genome. We classified cells into five groups based on the levels of virus genome, calculated as 2e−DCT: control (<10), low (< 5,000), median (<100,000), high (<2,000,000), and super high (>2,000,000). As we classified the cells into groups, we used slope test to analyze the association between cell viability and viral genome levels instead of using the Pearson correlation test (for continuous variables). Negative slope and significant P value indicated an inverse correlation. To investigate the molecular mechanism(s) responsible for the lack of RV replication in our phase I study (14), we initially infected multiple multiple myeloma cell lines with a clinically achievable multiplicity of infection (MOI 1–6) of RV. Cell proliferation assays at 48 hours showed that some cell lines, such as RPMI-8226 (RPMI) and U226 were highly sensitive to RV, while others, including H929, L-363, and MM.1S, were inherently less susceptible to RV-induced growth arrest (Fig. 1A). As it has been previously reported that the selective replication of RV in cancer cells relies on the presence of an activated Ras/RalGEF/p38 pathway (3, 26), we initially screened for the presence of phospho-p38 MAPK (p-p38) by IHC. We found that over 98% of cells in all cell lines were p-P38 positive upon RV infection (Fig. 1B), and thus, no correlations were found to explain the differential sensitivity of the cell lines to RV infection. The lower sensitivity of semiadherent MM.1S cells to RV infection compared with the more sensitive suspension cells (RPMI, U266) could be explained by the fact that these cells require trypsinization that may affect the viral entry, but it could not explain why suspension H929 and L363 cells displayed increased RV resistance (27, 28). Hence, our comparisons focused only on suspension cells, including those that were sensitive (RPMI and U266) and resistant (H929 and L363) to RV. Cell lines were treated with RV and analyzed for the presence of RV genome using RNA ISH, and sigma nonstructural viral capsid protein (σ-NS), as well as activated caspase-3 by immunohistochemical analysis (Fig. 1C). We saw increased caspase-3 activation (A-Casp-3) in the sensitive cell lines (RPMI and U266), which also displayed higher levels of σ-NS capsid protein expression (Fig. 1D) compared with the resistant cell lines, findings that were further supported by viability assay at 24 hours after treatment with RV. Multiple myeloma cell lines display differential sensitivities to RV. A, multiple myeloma cell lines were treated for 48 hours with RV at a multiplicity of infection (MOI) of 1, 2, 4, and 6, or PBS as a control (0). Proliferation was assessed by MTS assay. Graph represents results from three independent experiments with each treatment performed in triplicate. B, p-p38 MAPK expression in multiple myeloma cell lines was determined by IHC. Images of H929 and RPMI are representative of other cell lines, which all have equivalent p-p38 activation upon RV infection as evaluated by the p-p38 staining index shown in the graph. C, multiple myeloma cell lines were treated with RV at MOI 10 for 24 hours. The presence of the RV genome was detected by ISH (bottom), while the levels of the RV protein σ-NS (middle) and activated caspase-3 (Act-Casp-3; top) were measured by IHC. Images of H929 and RPMI are representative for all multiple myeloma cell lines tested. D, caspase-3 activation RV σ-NS protein expression and RV genome following treatment of multiple myeloma cell lines with RV at MOI 10 for 24 hours, as detected by IHC and ISH analysis. Right, activated caspase-3 after 9 and 24 hours of RV infection. RPMI xenograft tumors treated (+Ctrl) with proteasome inhibitor (Velcade) or stained with nonselective IgG (−Ctrl) were used as positive and negative control, respectively. E, multiple myeloma cell lines (RPMI, U266, H929, and L-363) were treated for 3 and 9 hours with RV at MOI10. Untreated cells were used as control (Ctrl). RV genome expression levels were assessed by qRT-PCR and correlated with cell viability as assessed by Annexin V and propidium iodide staining after 48 hours of RV treatment. RV-untreated multiple myeloma cells are defined as all cells. Data were divided into 5 groups based on the virus genome levels detected by qRT-PCR (2−DCT): low (<5000 2−DCT); median (<100,000 2−DCT); high (<2,000,000 2−DCT); high-plus (>2,000,000 2−DCT). Data are presented by dots with 95% CI of mean for each group, and each dot represents an observation. Slope analysis shows as the virus genome decreases, the percent alive cells decreases (slope = −2.26, P < 0.0001). In addition, based on AnnexinV-PI staining following 48 hours of infection, viability of the different multiple myeloma cell lines was inversely correlated with the amount of virus genome present during the first hours of infection (3–9 hours) as detected by qRT-PCR (P < 0.0001, trend analysis; Fig. 1E). Investigation of the RV receptor expression (JAM-1) in multiple myeloma cell lines by Western blot analysis (Fig. 2A) and flow cytometry (Fig. 2B) showed that RV sensitive cell lines have higher JAM-1 expression levels compared with the resistant ones. We also found higher levels of RV genome in those cell lines that had higher surface JAM-1 expression (RPMI and U266), than those with lower surface JAM-1 expression (H929 and L-363; Fig. 2C). To assess whether differences in viral genome levels among the cell lines were associated with different tropism and replication of the virus, we treated multiple myeloma cell lines with RV at a high MOI (500). Cells were collected at early time points (10, 20, and 45 minutes after infection), washed with trypsin to remove noninternalized virus from the cell surface, and the RV genome was then quantified. qRT-PCR indicated that even at early time points, sensitive multiple myeloma cells had greater intracellular viral genome levels when compared with the resistant cell lines (Fig. 2D). Correlations between JAM-1 surface expression and RV infection (Pearson correlation coefficient = −0.68, P = 0.002) were also identified in mantle cell lymphoma cells (MCL; Supplementary Fig. S1B), another B-cell malignancy. In conclusion, our data support the idea that RV tropism correlates with JAM-1 receptor expression, and this may play a role in affecting RV tropism in B-cell malignancies. Multiple myeloma cell lines variably express the high affinity RV protein receptor JAM-1. A, Western blot analysis showing total protein expression of JAM-1 in multiple myeloma cell lines L-363, RPMI, H929, and U266. GAPDH expression was used as a loading control. The data presented are representative of 3 biologic replicates. B, cell surface expression of the RV receptor JAM-1 in multiple myeloma cell lines H929, L-363, U266, and RPMI was determined by flow cytometry using PE-conjugated JAM-1 antibody. C, JAM-1 mRNA expression affects the efficiency of RV infection. L363 cells were treated with RV at MOI of 10 for 9 hours and viral genome expression was determined by qRT-PCR and normalized to GAPDH. Data are expressed in relative fold change (f.c.) compared with the controls. D, multiple myeloma cell lines more susceptible to RV infection (RPMI and U266) show higher levels of the RV genome at early time-points of infection (10, 20, and 45 minutes), compared with more resistant L-363 and H929 cells. Cells were washed in PBS to remove unbound virus and in trypsin to remove bound uninternalized virus. RV genome expression was determined by qRT-PCR and normalized against GAPDH. The JAM-1 gene (also known as F11R) is located at 1q21.1–1q21.3, a chromosomal region frequently amplified and epigenetically regulated in multiple myeloma (29). The reported 1q21 copy number in the cell lines used in this study had no correlation with the observed level of JAM-1 protein expression (29), which led us to hypothesize that JAM-1 expression could be epigenetically regulated in multiple myeloma. We then tested whether treatment with various HDACis in clinical use such as AR-42, SAHA, and LBH changed JAM-1 protein expression in multiple myeloma cells that were less sensitive to RV infection. The drugs were used at comparable IC50 concentrations (AR-42 0.2 μmol/L, SAHA 1.0 μmol/L and LBH 0.01 μmol/L), and their effect was assessed at 48 hours (Supplementary Fig. S2A). We observed a massive dose-dependent increase of JAM-1 protein and mRNA levels after 24 hours of treatment with all 3 HDACis (Fig. 3A–C). An increase in JAM-1 mRNA and surface expression upon HDACi treatment was also evident in MM.1S cells (Supplementary Fig. S2B) and to a lesser extend in U266 and RPMI that already display high surface JAM-1 expression levels (data not shown). Importantly, we show that treatment with HDACi increased surface JAM-1 expression in primary multiple myeloma patient samples (Fig. 3D). We analyzed RNA samples isolated from the CD138+ cell fractions of the bone marrow aspirates obtained from refractory multiple myeloma patients enrolled in our single-agent AR-42 trial (NCT 01798901). RNA was isolated before and 24 hours after the second cycle of AR-42 treatment (15 days), and qRT-PCR analysis demonstrated increased JAM-1 mRNA expression in 4 of 6 patients (Fig. 3E; P = 0.03). Collectively, our data supports that JAM-1 expression is regulated by HDACi in vitro and in multiple myeloma patients. HDACi increase JAM-1 expression in multiple myeloma cells. A, L363 and H929 cell lines were treated with 0.01% DMSO as control, 0.1 μmol/L AR-42, or 0.2 μmol/L AR-42 for 24 hours and JAM-1 protein was measured by immunoblot with GAPDH as a loading control. Immunoblots displayed are representative of three independent experiments. B, L363 and H929 cells were treated as in A and JAM-1 mRNA expression was measured by qRT-PCR, using GAPDH for normalization. C, increased cell surface expression of JAM-1 in H929 (top) and L-363 (bottom) multiple myeloma cell lines following 24-hour treatments with 0.2 μmol/L AR-42, 1 μmol/L SAHA, or 0.01 μmol/L LBH, as compared with control (0.5% DMSO), measured by flow cytometry using PE-conjugated anti-JAM-1 antibody. The LIVE/DEAD Fixable Near-IR Dead Cell Stain Kit was used to ensure data were collected from live cells. D, HDACi treatment of primary plasma cells isolated from multiple myeloma (MM) patients increases JAM-1 cell surface expression. CD138+ cells were isolated by positive selection from bone marrow aspirates of 2 multiple myeloma patients (MM Pt1 and MM Pt2) and treated for 24 hours with 1 μmol/L SAHA, 0.01 μmol/L LBH, or control (0.01% DMSO). Cell surface JAM-1 expression was then determined by flow cytometry with PE-conjugated anti-JAM-1 antibody. E, AR-42 increases JAM-1 mRNA expression in CD138+ cells from multiple myeloma patients. As part of a phase I clinical trial, patients received 40 mg AR-42 orally Monday-Wednesday-Friday, in cycles of 28 days, followed by a 7-day break. RNA was isolated from CD138+ cells purified by positive selection from bone marrow aspirates before AR-42 treatment and 15 days after receiving the last dose of AR-42. JAM-1 mRNA expression was determined by qRT-PCR and normalized for GAPDH. To determine whether increased promoter acetylation could be associated with JAM-1 upregulation upon nonselective HDACi treatment, we assessed whether the selective inhibition of class 1 histone deacetylase enzymes (HDAC1, 2, and 3), which are found primarily in the nucleus and play an important role in the regulation of gene expression through direct histone deacetylation (30), could also modulate JAM-1 expression in multiple myeloma cells. Hence, we compared the effects of the HDAC1- and 2-selective JQ12, HDAC3-selective RGFP966, HDAC1- and 3-selective entinostat, and the pan-HDACis AR-42, LBH, and SAHA on JAM-1 expression upon 24-hour treatment. The efficacy of the treatments was assessed using lysine acetylation of histone 3 (H3AcK; Fig. 4A) and for drugs in clinical use by using comparable IC50 (Supplementary Fig. S2A). Our data show that AR-42 and entinostat increased JAM-1 protein expression to higher degree than the other selective and nonselective HDACi we tested (Fig. 4A and B). Furthermore, using a ChIP experiment incorporating the JAM-1 promoter before and after 24 hours of treatment of RV-refractory L363 cells with pan-HDACi, we found increased acetylation of lysine 27 on histone 3 (H3AcK27) and increased association of RNA polymerase II (Pol II) with the JAM-1 promoter (Fig. 4C and D), supporting the idea that increased in promoter acetylation is one of the primary mechanisms underlying the upregulation of JAM-1 following HDACi treatments. JAM-1 expression is epigenetically regulated in multiple myeloma cells. A, L363 cells were treated for 24 hours with indicated concentrations of JQ-12, RGFP966, entinostat, AR-42, SAHA, and LBH or DMSO as control. Whole-cell extracts were analyzed by Western blot analysis using JAM-1 antibody (top). Staining with anti-acetylated histone 3-antibody (H3AcK; middle) was used to confirm activity of all drugs and GAPDH (bottom) served as a loading control. B, JAM-1 mRNA fold change ±SD in L363 cells after treatment with HDACi. GAPDH was used for normalization proposes. C, L363 cells were treated with 0.01 μmol/L LBH or 0.01% DMSO for 24 hours and analyzed by ChIP assay using H3AcK27, anti-RNA polymerase II (PolII), anti-H3AcK, and anti-H4AcK antibodies. The association between acetylated histones and RNA polymerase II with the JAM-1 promoter were visualized by agarose gel electrophoresis. D, immunoprecipitated chromatin obtained in the ChIP experiment in C was also tested by qRT-PCR and demonstrated increased levels of the JAM-1 promoter in association with acetylated H3AcK27 and Pol II. Control primers for JAM-1 exon 3 and for GAPDH were used for normalization purposes. On the basis of our observations that multiple myeloma cell RV sensitivity is associated with expression of the RV receptor JAM-1 and that treatment with HDACi increases JAM-1 expression, we hypothesized that combining HDACi with RV would enhance viral induced oncolysis. To test this, we treated RV-refractory L-363 and H929 cells with single-agent RV and RV in combination with AR-42. qRT-PCR showed that the amount of intracellular RV viral genome increased after AR-42 was added (Fig. 5A). In addition, Western blot analysis indicated that the combination treatment increased σ-NS viral capsid protein production (Fig. 5B). To this end, we found that there was a greater than 3-fold increase in viral particles evident in the supernatant obtained from multiple myeloma cells incubated for 24 hours with both RV and AR-42 when compared with either single agent alone (Fig. 5C). Combination treatment of multiple myeloma cells with RV and HDACis results in increased levels of RV genome, RV protein production, and enhanced multiple myeloma cell death compared with single-agent treatments. A, L-363 and H929 multiple myeloma cell lines were treated with RV at MOI of 10 (+) in combination with 0.01% DMSO (0), 0.1 μmol/L AR-42 (0.1), or 0.2 μmol/L AR-42 (0.2) for 48 hours. RNA was isolated and expression of the RV genome was determined by qRT-PCR and normalized to GAPDH. B, L-363 and H929 cells were treated with 0.01% DMSO and PBS for controls (−), or where indicated by “+”, with RV at MOI of 5, 0.2 μmol/L AR-42, or the combinations of RV and AR-42 for 48 hours. Protein lysates were probed for expression of the viral σ-NS capsid protein. GAPDH antibody staining served as a loading control. C, supernatants of H929 cells harvested after 48 hours from the treatments outlined in B were used to treat additional multiple myeloma cells at a 1:100 dilution. Cell proliferation was then assessed by MTS assay 48 hours after cells were exposed to the supernatants. D, L-363 (top), MM.1S (middle), and H929 (bottom) cell lines were treated for 48 hours with 0.5% DMSO and PBS as controls, or HDACi: 0.2 μmol/L AR-42, 0.01 μmol/L LBH, 1 μmol/L SAHA, RV at MOI of 5, or the combinations of pan-HDACis and RV. Cells were then stained with Annexin V and PI to detect apoptosis by flow cytometry. Flow cytometry plots are representative of each cell line and for each drug combination. E, siRNA targeting JAM-1 reduces JAM-1 protein expression upon AR-42 treatment. H929 and L363 cells were transfected with siRNA targeting JAM-1 (si-JAM-1), or scramble oligo (si-Scr) for control and allowed to rest for 12 hours. Cells were then treated with 0.5% DMSO (−), or where indicated by “+” with 0.2 μmol/L AR-42 for 24 hours. JAM-1 protein expression was determined by Western blot analysis. F, twelve hours after transfection with si-JAM-1 or si-Scr H929 and L363 cells were treated with vehicle control (Ctrl; 0.01% DMSO and PBS), 0.2 μmol/L AR-42, or 1 μmol/L SAHA in the absence, or presence of RV at MOI of 5. G, cell viability was determined by flow cytometry using AnnexinV/PI staining 48 hours later ±SD. Each experiment was performed in triplicate. Furthermore, after 48 hours, increased cell killing activity was observed in all multiple myeloma cells (L-363, H929, MM.1S) treated for 48 hours with the combination of RV+HDACi compared with the single agents (Fig. 5D and data not shown). As different HDACis have different half-lives and because by qRT-PCR JAM-1 mRNA upregulation is already evident after 1 hour of treatment reaching the highest level at 8 hours (data not shown), multiple myeloma cells were pretreated for 10 hours with the different HDACi (SAHA, LBH, AR-42, entinostat, and JQ12) followed by drug washout and then treatment with RV for 48 hours. As shown in Supplementary Fig. S3A, reduced drug exposure did not affect the increased anti-multiple myeloma activity of the different HDACi in combination with RV. Using Chou–Talalay synergy analyses, we examined the ability of each HDACi (LBH, SAHA, AR-42, and entinostat) to synergize with RV (21–24). Viability data after 48 hours of treatment were utilized to calculate the combination index (CI) via the Compusyn program, in which CI < 1 indicates synergistic interaction, CI > 1 is antagonistic, and CI = 1 is additive. Our data show that the combination of all HDACi and RV synergistically killed the tumor cells, even at the lowest drug concentrations (Supplementary Fig. S3B). Increased cell killing was also observed in MCL cell lines when RV was used in combination with AR-42 compared with the single agents (Supplementary Fig. S4A and S4B). To further support the functional role of JAM-1 in promoting RV-induced multiple myeloma cell death, we performed knockdown of JAM-1 expression using siRNA followed by treatment with HDACis (AR-42, SAHA), or vehicle control in both H929 and L363 cells (Fig. 5E). JAM-1 knockdown in multiple myeloma cells was able to prevent the majority of the apoptotic effect of cells treated with single agent RV and more than 60% of the apoptotic rate of cells those treated with combination RV+HDACi (Fig. 5F). We used our previously described human multiple myeloma cell homing model to investigate whether the combination of RV and HDACi could be a successful therapeutic strategy for treating multiple myeloma (25, 31). Forty NOD-SCID mice were injected intravenously with 5 × 106 GFP+/Luc+ MM.1S cells. Three weeks later, mice with similar tumor burden, as calculated by luminescence, were divided into 4 treatment groups (6 mice per group): AR-42 alone plus RV control vehicle (PBS), RV plus AR-42 control vehicle (8% DMSO in PBS), AR-42 plus RV, and the combination of both vehicle controls. We used the combination of intraperitoneal injection of AR-42 (25 mg/kg on Monday, Wednesday, and Friday), single intravenous treatment of Reolysin (5 × 108 TCID50), and vehicle controls for a total of 3 weeks (Fig. 6A). At the end of the treatment, the extent of bone marrow engraftment was determined by detecting GFP+ cells using flow cytometry. We found that neither single agents AR-42 nor RV showed significant effects on tumor burden (Fig. 6B). However, the combination of AR-42 and RV significantly decreased multiple myeloma cell bone marrow infiltration when compared with either RV (P = 0.05) or AR-42 (P = 0.003) alone (Fig. 6B). In addition, immunohistochemical staining showed increased expression of JAM-1 by multiple myeloma cells in the bone marrow of mice treated with AR-42 or the combination of AR-42 and RV compared with control and RV-treated mice (Fig. 6C and data not shown). Using RNA ISH and IHC, we also observed increased levels of RV genome (green) in the multiple myeloma cells (red, CD138+) in the bone marrow of mice treated with the combination (Fig. 6D). These findings collectively support that treatment with HDACi increases RV replication in multiple myeloma cells. The combination of RV and AR-42 reduces tumor burden in vivo. Forty male NOD-SCID mice were injected with 5 × 106 MM.1S GFP+/Luc+ cells, and two weeks later, 5 mice with similar tumor burden determined by IVIS bioluminescent imaging were allocated to each treatment group: control (8% DMSO in PBS; Ctrl), AR-42 (25 mg/kg, i.p. Monday-Wednesday-Friday), single intravenous injection of RV (RV; 5 × 108 TCID50), or the combination of AR-42 and RV (AR-42+RV). A, representative IVIS bioluminescent images of mice from each experimental group at the conclusion of three weeks of the treatments are shown. Of note, the same Ctrl mice were used to generate the data reported in Canella and colleagues (34), as the experiments for both projects were conducted simultaneously, hence the Ctrl mice figure has been represented here. B, after 3 weeks of treatments mice were sacrificed and bone marrow cells were harvested from both femurs of each mouse. The degree of multiple myeloma cell bone marrow infiltration was then determined by flow cytometry to detect GFP+ cells (n = at least 4 mice per group). C, IHC detection of JAM-1 expression in bone marrow sections from mice in different treatment groups (pink staining indicates JAM-1–positive cells). Representative images show increased JAM-1 expression with the addition of AR-42, compared with the treatment with RV alone. D, bar graph of index staining scores for JAM-1 expression in mice treated with AR-42+RV and RV alone. Each bar represents the mean ± SD. E, immunofluorescence staining for CD138+ multiple myeloma cells (CD138; red) and capsid σ-NS (green) protein expression. In merged images, multiple myeloma cells with active RV protein production are indicated by yellow fluorescence, showing colocalization of CD138 and the σ-NS protein. Nuclei of cells are stained with DAPI blue (blue). F, quantification of the immunofluorescent staining shows that the addition of AR-42 resulted in increased RV protein production within the bone marrow of treated mice. Each bar represents the mean ± SD. Our group is the first to investigate the use of RV in patients with hematologic malignancies. Our single-agent RV phase I trial confirmed tolerability of the virus in patients with relapsed multiple myeloma, but the best response was a stable disease in 3 different patients for 4, 5, and 8 cycles (14). Correlative analyses from this study revealed only minimal RV proliferation associated with the lack of expression of the RV receptor JAM-1 in multiple myeloma cells, and indicated that further exploration of the basic mechanisms underlying RV infection in myeloma cells was needed. The current study aimed at defining the role of the RV receptor, JAM-1, on viral cell entry, induction of productive infection, and multiple myeloma cell killing, but we also set out to define strategies to exploit the oncolytic potential of RV in myeloma cells. To begin to address these questions, we treated multiple myeloma cells with clinically achievable doses of virus and found that RV-resistant multiple myeloma cell lines have lower expression of JAM-1 compared with sensitive cell lines. We then showed that JAM-1 expression is epigenetically regulated in multiple myeloma cells and can thus be modulated by HDACi. Furthermore, we report that HDACis are capable of increasing the expression of JAM-1 by epigenetically regulating its promoter through histone acetylation, and that the combination of HDACi and RV synergistically increases multiple myeloma cell killing. The role of increased JAM-1 expression in producing this effect was evaluated by siRNA experiments to knockdown JAM-1 expression. While decreased JAM-1 expression by siRNA greatly reduced the amount of cell death produced by RV alone, JAM-1 knockdown could not completely rescue the killing effect of the HDACi and RV combination. Several possible explanations exist for this effect. First, siRNA significantly reduced JAM-1 levels, but did not completely silence its expression. Second, it has been reported that activity levels of the cysteine proteases cathepsins B and L are correlated with the efficiency of RV-mediated cell killing of cancer cells (15) and because HDACis can increase the activity of cytoplasmic cathepsin B in multiple myeloma cells (32), we cannot exclude that this alternative mechanism also supports RV replication following combination treatment. Further investigations are needed to clarify the contribution of HDACis in supporting RV replication in multiple myeloma cells. HDACi strongly enhance the killing ability of RV in multiple myeloma cells and this treatment combination could potentially play an important role in improving the clinical therapeutic efficacy of systemic RV treatment in patients with multiple myeloma. Here we show that entinostat and AR-42 display a greater ability to upregulate JAM-1 protein expression and greater synergistic activity compared with other selective and nonselective HDACis, although, in general, synergistic activity was observed with all HDACis tested. That being said, further preclinical analyses are necessary to assess the tolerability and efficacy of RV in combination with clinically relevant HDACi. In fact, although AR-42 as a single agent in our trial (NCT 01798901) was well tolerated in 26 patients with hematopoietic diseases, including multiple myeloma, it displayed a shorter half-life (4–56 hours, Cmax 0.3–1.2 μmol/L) compared with entinostat (33). On the other hand, LBH has been recently approved for the treatment of multiple myeloma and may result in the most valuable companion drug for RV therapy in relapse patients. Our data also show that HDACi strongly enhances the killing ability of RV not only in multiple myeloma cells, but also in MCL cells, and this seems to be dependent on JAM-1 expression, supporting the idea that the use of HDACi to potentiate the RV killing activity could be used not only in multiple myeloma but also in other B-cell malignancies. In conclusion, HDACis strongly enhance the killing ability of RV in multiple myeloma cells via upregulation of the RV receptor, JAM-1, and this treatment combination could potentially play an important role in enhancing the clinical therapeutic efficacy of systemic RV in patients with multiple myeloma. Collectively, our data provides the scientific foundation for future phase II combination treatment studies. The authors have no relevant affiliations or financial involvement with any organization or entity with a financial interest in or financial conflict. A. Stiff was supported by The Ohio State University Pelotonia research fellowship and D.W. Sborov was supported under Award Number T32CA165998. C.C. Hofmeister and F. Pichiorri were supported by NIH R21CA156222. This research was also supported by grants from the Multiple Myeloma Opportunities for Research & Education (MMORE) and NIH R21CA156222 (to C.C. Hofmeister). The authors thank Deborah Parris for her scientific advice, Laura Hanley for her administrative support, and Nita Williams and Desirée Jones for collecting clinical trials samples and clinical trial data. The authors also thank Dr. Hanna S. Radomska for the scientific editing of the manuscript and Robert Weingart and Joseph Liu for the technical support. . Reoviruses. In: Fields BN, Knipe DM, Chanock RM , editors. Virology, second edition. New York, NY: Raven Press, Ltd.; 1990. p. 1307–28. . Reovirus binding determinants in junctional adhesion molecule-A. J Biol Chem 2007;282:17930–40. . The Nogo receptor NgR1 mediates infection by mammalian reovirus. Cell Host Microbe 2014;15:681–91. Reovirus-mediated cytotoxicity and enhancement of innate immune responses against acute myeloid leukemia. Biores Open Access 2012;1:3–15. Pro-inflammatory cytokine/chemokine production by reovirus treated melanoma cells is PKR/NF-kappaB mediated and supports innate and adaptive anti-tumour immune priming. Mol Cancer 2011;10:20. Reciprocal human dendritic cell-natural killer cell interactions induce antitumor activity following tumor cell infection by oncolytic reovirus. J Immunol 2009;183:4312–21. Impact of risk stratification on outcome among patients with multiple myeloma receiving initial therapy with lenalidomide and dexamethasone. Blood 2009;114:518–21. Reovirus therapy stimulates endoplasmic reticular stress, NOXA induction, and augments bortezomib-mediated apoptosis in multiple myeloma. Oncogene 2012;31:3023–38. . Reovirus synergy with proteosome inhibitor carfilzomib and Akt inhibitor perifisone overcomes therapy resistance of multiple myeloma: promising preclinical activity [abstract]. In: Proceedings of the 105th Annual Meeting of the American Association of Cancer Research 2014 Apr 5–9; San Diego, CA. Philadelphia (PA): AACR; 2014. Abstract nr 1709. Reovirus modulates autophagy during oncolysis of multiple myeloma. Autophagy 2013;9:413–4. A phase I trial of single-agent reolysin in patients with relapsed multiple myeloma. Clin Cancer Res 2014;20:5946–55. . Proteolytic disassembly of viral outer capsid proteins is crucial for reovirus-mediated type-I interferon induction in both reovirus-susceptible and reovirus-refractory tumor cells. BioMed Res Int 2015;2015:468457. . The role of epigenetics in the biology of multiple myeloma. Blood Cancer J 2014;4:e207. Vorinostat or placebo in combination with bortezomib in patients with multiple myeloma (VANTAGE 088): a multicentre, randomised, double-blind study. Lancet Oncol 2013;14:1129–40. Phase Ib study of panobinostat and bortezomib in relapsed or relapsed and refractory multiple myeloma. J Clin Oncol 2013;31:3696–703. . Effect of chemotherapy-induced DNA repair on oncolytic herpes simplex viral replication. J Natl Cancer Inst 2006;98:38–50. Enhanced antitumor efficacy of low-dose Etoposide with oncolytic herpes simplex virus in human glioblastoma stem cell xenografts. Clin Cancer Res 2011;17:7383–93. Bortezomib-induced unfolded protein response increases oncolytic HSV-1 replication resulting in synergistic antitumor effects. Clin Cancer Res 2014;20:3787–98. . Growth and survival of reovirus in intestinal tissue: role of the L2 and S1 genes. J Virol 1989;63:1188–93. . Cell surface molecules and fibronectin-mediated cell adhesion: effect of proteolytic digestion of membrane proteins. J Cell Biol 1982;94:179–86. . CD46 is a cellular receptor for human herpesvirus 6. Cell 1999;99:817–27. Frequent gain of chromosome band 1q21 in plasma-cell dyscrasias detected by fluorescence in situ hybridization: incidence increases from MGUS to relapsed myeloma and is related to prognosis and disease progression following tandem stem-cell transplantation. Blood 2006;108:1724–32. . HDAC inhibitor-based therapies: can we interpret the code? Mol Oncol 2012;6:637–56. MicroRNAs 15a and 16 regulate tumor proliferation in multiple myeloma. Blood 2009;113:6669–80. . Potentiation of apoptosis by histone deacetylase inhibitors and doxorubicin combination: cytoplasmic cathepsin B as a mediator of apoptosis in multiple myeloma. Br J Cancer 2011;104:957–67. Entinostat, a novel histone deacetylase inhibitor is active in B-cell lymphoma and enhances the anti-tumour activity of rituximab and chemotherapy agents. Br J Haematol 2015;169:506–19. HDAC inhibitor AR-42 decreases CD44 expression and sensitizes myeloma cells to lenalidomide. Oncotarget 2015;6:31134–50.

2019-04-18T14:22:53Z

http://mct.aacrjournals.org/content/15/5/830?ijkey=8fc90ae372fb3dac3bb668e76c11e951d2b1c206&keytype2=tf_ipsecsha

If I slept poorly the night prior to my check ride, the night following the ride was even worse. Exhausted, I dragged myself into work the next morning. A headache throbbed obstinately in my temple all day as my brain enacted a sit-down strike in protest of inadequate rest. Tom called mid morning in full blown coach mode. "I just talked to Ken. He said you're an excellent pilot, your knowledge is good, and that you fly your airplane very well. He said your VOR approach into Le Roy was flawless, even while partial panel. You need to get right back on the horse and finish this up. Ken offered to fly with you tomorrow night to knock out those last two approaches. If we fly tonight, I will sign you off to take the test tomorrow and we'll have to submit a new application through IACRA. If we do that, you can call Ken in the morning and he'll meet with you tomorrow afternoon to wrap things up." My head throbbed as I contemplated this. I was exhausted and knew from prior experience that flying without adequate rest was rarely worthwhile or confidence inspiring. But I appreciated the encouragement I was receiving from Tom and Ken. Also, Tom was right. I needed to get back on the horse and so I agreed to meet him at Le Roy that night. En route to Le Roy, the Warrior bucked and shuddered in rough, clear air. The visibility was unlimited, but the winds were variable and I noticed my wind correction angle varying continuously since departing Williamson. I called five miles out from Le Roy and advised that I would overfly the airport to peek at the windsock. This was answered by another aircraft orbiting nearby. "We just flew over the field, but could not see the sock." "We just installed a new one, it should be down there," I responded. It was funny how easily I slipped back into "we" when talking about my home of the previous seven years. The other aircraft abandoned its search for the windsock and simply chose to enter downwind for runway 10. Not wanting to fly against this traffic, I also entered downwind for 10 behind him. From the pattern, I could see the windsock and it was clear to me that the wind favored runway 28. I shared this with my new friend and we both transitioned to a runway 28 pattern. While I was flying the base leg of the pattern, I provided the visitor with progressive taxi instructions to get where he needed to go on the ground. I landed smoothly in less crosswind than I expected and taxied to the fuel pump. "Hey Cherokee," called the other pilot on the radio, "where's the fuel pump?" "I'm parked right in front of it," I responded. "Boy, that's some crosswind we had on final, huh?" After I fueled Warrior 481, the other aircraft taxied over and took on fuel. The pilot was concerned that he did not have a Detroit sectional chart (which is where Le Roy and Rochester are charted), so I gave him one of mine. He eventually departed, pleased with his experience at the Le Roy Airport. The experience bolstered my damaged confidence in myself as an aviator. Tom arrived right on time and we talked through what had happened on my check ride the previous evening. He understood the logic that led to my Great Brain Fart O' Failure, but also made sure that I understood why it was wrong (believe me, I got it). Then we flew both approaches at Rochester from the previous night and I received a fresh check ride endorsement in my logbook. I returned home around 10:00 pm, filled out a new IACRA application, and text-messaged Tom that it was ready for his approval. Just before 11:00, Tom responded that the he had signed the application and gave me marching orders to call Ken first thing in the morning. I went to bed and proceeded to not sleep until sometime after 2:00 am. I can only assume that Tom sent these messages in an order adhering to established English syntax and that they were scrambled somehow by the phone, but who knows? Ken answered his phone immediately when I called him at 8:30. I opened with, "I hope this is a civilized hour to call..." Ken chuckled and affirmed that it was. We made plans to meet at four o' clock that afternoon. I was back at the Rochester Air Center, having let down through turbulent air. Wind was gusting from the northeast at 10 to 19 knots. Conditions were certainly rougher than they had been on Tuesday. In counterpoint to the turbulent atmosphere, I was finally calm inside. And this is how the experience of earning my instrument rating reminded me of graduate school. In the final weeks leading to my dissertation defense, I worked twenty hour days, seven days a week. As I adjusted to that lifestyle, I found myself in a curious zone of frosty mental acuity fueled by a significant amount of anxiety and determination that countered a very lean mixture of sleep. I realized that I felt much the same way as I waited for Ken. And so it was that when Ken entered the lobby, I knew that I was ready for him. Because the wind was out of the northeast, we decided that we would fly the RNAV runway 7 and the ILS runway 4 approaches. I had prior experience with the ILS, but had never flown the RNAV 7 before. Aloft, the Warrior was buffeted by both wind gusts and thermals, but I held my course and altitude like a pro. The RNAV 7 approach was flown as near to perfect as I could have ever hoped to have flown it. After the low approach to runway 7, we were vectored around for the ILS approach to runway 4. I briefed the approach plate and set up my instruments, talking through what I planned to use as primary means for identifying fixes and what I was putting into place as a back-up. Heck, I even remembered the timer. During this time, my right eye began to itch and burn. Initially, I forced it to stay open and tears rolled down my right cheek to an extent that Ken noticed them. I closed my right eye in an effort to soothe it, grateful that my gaze was inside the cockpit where depth perception was not needed. Soon enough, we were established on the ILS for runway 4. "Stay under the hood until we reach 200' above the threshold," Ken reminded. "Warrior 481, we have a turbojet aircraft on final for runway 4 behind you. Break off your approach and circle to land runway 7." I glanced at the circling minimums shown on the approach plate and noted that we were 100' above them. I sidestepped the runway 4 approach course and arrested the airplane's descent at the circling minimum descent altitude. At that point, Ken had me remove the Foggles and complete the landing on runway 7. Someone had obviously greased that runway before our arrival; it was the smoothest landing I had made in weeks. "Really good," Ken commented, momentarily breaking from his stoic examiner's demeanor. Taxiing back to the 300 ramp, my cheek still damp from an aggrieved eye, I noted to Ken that I had my right eye closed for much of the ILS approach. He smiled, "did it with one eye tied behind your back, eh?" Once the prop shuddered to a stop and the landing checklist was complete, Ken asked, "the trip you want to take this weekend, that's in this airplane?" When I acknowledged that it was, he extended his hand, "well then, you'll be able to do it as an instrument rated pilot." Back inside Rochester Air Center, we completed the paperwork. Ken defaced my current pilot certificate and handed me a new temporary certificate while delivering the apparently mandatory decree that it was a license to learn. I was grateful to both Ken and Tom for their support and encouragement to get right back on the horse after the brain fart that derailed my check ride two days earlier. I was also happy with myself that, after Tuesday's experience, I came back and flew those approaches not just competently, but truly to the best of my ability. Afterward, Ken and I sat and talked for over an hour, swapping flying stories. I could not have asked for a better way to detox from my self-induced stress of the past week. Friday night and Saturday morning, I pored over weather forecasts between Rochester, NY and Knoxville, TN in preparation for our vacation. Marginal VFR was expected, with 3000' foot ceilings forecast that would present relatively easy approaches for a newly minted instrument pilot. But the likelihood of thunderstorms ahead of an advancing cold front in addition to strong headwinds that would place us in the clouds for nearly six hours (versus a typical 4.5 hour en route time) reduced my enthusiasm for making the trip in the Warrior. When combined with a week of poor rest, I decided that it was not a good day to fly to Tennessee with Kristy and The Bear on board. "That's OK, Daddy, we can fly in the clouds some other time," assured The Bear. And so I did take the trip to Knoxville as an instrument rated pilot. I just did it in the Honda instead of the Piper. Technology and aviation prowess aside, making good decisions is ultimately what instrument flying is all about. I have heard it said that pursuing an instrument rating is akin to graduate school for aviators. I can say with some certainty that, at the end of the process, I felt much as I did after defending my doctorate in chemistry, though maybe not for the reasons that might be expected. I counted the passage of time with each thump of an anxious heart as I waited in the Rochester Air Center's unfamiliar lobby for the examiner who would assess my petition to join the fraternity of cloud busters. Intellectually, I was ready. I had the knowledge, could fly the airplane, and it was Tom's expert opinion that the rating was easily within my reach. However, in the previous two days, both scheduled instrument practice sessions with Darrell were undone by weather, first by a 2000' scattered layer that prevented flying practice approaches while VFR and then by a line of thunderstorms that threatened to overrun Le Roy. I was prepared for the check ride, but not emotionally ready for it. Anxiety-induced lack of sleep detracted even further from my confidence. Despite the nerves and uncertainty, I wanted to complete the check ride before a July 27 flying trip with the family to Tennessee, where expanded weather capability had the potential to reduce the risk of being stranded. Obviously, I was only interested in a slight expansion of my weather envelope; approaches down to minimums with the family on board as a low time instrument pilot do not fall into the "good idea" category for me at this time. Ken arrived punctually, shook my hand politely, and we dove into "paperwork". Since my first check ride in 2002, the portion of that paperwork actually involving paper was largely eliminated in favor of the FAA's clunky IACRA (Integrated Airman Certification and Rating Application) website. Though I had meticulously organized the information that Ken would want to see (like marking important logbook pages with Post-It notes), I did not come prepared with my IACRA password. "I'm going to phone a friend," I told Ken as I called Kristy to look up my password. "Ok, but once you use that lifeline, you won't have it any more," Ken remarked. I smiled, envisioning a harried phone call placed to Kristy from the cockpit of the airplane while executing an approach. With IACRA presenting a bland, satisfied facade, we jumped into the hypothetical cross country flight that I had planned for Ken. As I researched the flight, I found that a preferred IFR route existed, though it contained an arrival procedure (STAR) at the destination involving a a minimum altitude of 11,000'. While possible to fly in my ship, this seemed like an unreasonable altitude for a Piper Warrior on a hot summer's day. Instead, I located a TEC (Terminal En Route Control) to my destination that made significantly more sense to fly. I suspected that a part of what Ken wanted to see was my recognition that these routes existed and some sound logic behind my ultimate selection. Ken and I talked through my choice of route and looked at weather data together. Was there a legal requirement that I file an alternate airport? No, the terminal forecasts were not sufficiently poor for that. But there were Sigmets for thunderstorms as well as thunderstorm warnings in the terminal area forecast at the time of arrival. Would I make the flight IFR? "No, the convective forecast is outside my comfort zone." Ken nodded and continued to use the scenario to further probe my book knowledge. Satisfied, he announced that it was time to fly. The thumping in my chest resumed. Darrell had already told me that I would like Ken, that he was reasonable and easy-going. Darrell was right; Ken was terrific, a seasoned aviator with a breadth of experience in professional and personal flying. So why did I feel like David Gilmour's "earthbound misfit" every time I opened my mouth? The simple answer is lack of sleep and inadequate confidence. Climbing away from Rochester while under the hood, I requested an ATC-assigned hold at the Geneseo VOR. I was assigned to hold southeast on Victor 147. After glancing at the en route chart and noting that this airway used Geneseo's 153° radial, I sketched the hold on my kneeboard and made the proper entry. At one point, Ken appeared to be concerned that I was leaning too much on the moving map of the Garmin 430W, so he "failed" it with Post-It notes. If anything, I tightened up my flying of the holding pattern. When Ken announced that we would do unusual attitude recoveries next, I knew that I had performed a satisfactory holding maneuver. We did two recoveries. For the first one, a descending spiral, my airspeed indicated well into the yellow arc and was climbing rapidly when I resumed control of the airplane. I was thankful to Ray for always reinforcing the notion of looking at the airspeed indicator first in those situations. The recoveries went well and Ken asked for a steep turn course reversal with a return to the hold. Next, we began a simulated VOR-A approach into Le Roy. While descending from the initial approach fix, Ken pointed to the vacuum gauge and asked what it would mean if the reading there suddenly went to zero. "I would lose my attitude and directional gyros," I answered. "Yup," he replied while covering those instruments with more of his ever-versatile Post-It notes. At this stage, my confidence was beginning to build and I nailed the approach, partial panel and all. Next, we flew the RNAV 25 approach into Rochester. Rochester vectored us onto the approach just outside of the final approach fix, TUNLE. I was told "VFR altitude [my] discretion" and cleared for the approach. I even demonstrated a function on the Garmin 430W that Ken, an experienced user of the device, did not know about. I crossed TUNLE at the appropriate altitude, reduced power, and flew the approach magnificently. One of my greatest fears prior to the check ride was inadvertently going below a minimum altitude, but the approach went quite well despite the gusty conditions. I was proud of it and my confidence continued to grow. Upon reaching the missed approach point, I added power and followed the missed approach instructions previously issued by Rochester. "I can't count that approach," Ken commented as we climbed away. This was code for "you just failed." My heart fell as I processed the implications. Rochester provided vectors around the south side of the airport to set us up for the third planned approach, an ILS onto runway 28, as Ken explained what I had done wrong. While Rochester was vectoring us to intercept the RNAV 25 approach just outside the final approach fix (FAF), I descended to the minimum crossing altitude altitude for the FAF before fully establishing myself on the approach. There was a logic behind what I did in the moment, but it was a false logic. In other words, I had a brain fart. Lack of rest and a bad case of nerves were likely contributing factors. On the bright side, it was a mistake that I will never make again. Ken had no choice but to fail me. After all, in actual instrument conditions, altitude is life. As I processed that I had just busted my check ride, I lost enough focus that my performance on the ILS 28 approach was unacceptably sloppy. Rochester Approach barked at me when my distraction resulted in missing an assigned heading. I do not have a track record of failure, particularly in aviation, and did not manage this bad news well. Somehow, I centered myself on the localizer at the decision altitude, pulled off the Foggles at Ken's prompting, and squeaked the airplane nicely onto runway 28. Ken explained the next steps. I would need to go back to Tom for additional training, receive a fresh sign off from him in my logbook to finish the check ride, and go on another date with the always-exciting IACRA system to generate a new application. Then, of course, I would need to take Ken back into the sky and demonstrate that I really did know what I was doing. The good news was that I would only need to fly those two approaches - I passed every other area of emphasis Ken threw at me and would not be retested on those items. We stood talking on the 300 ramp at Rochester while some magnificent thunderheads in the distance were highlighted in crimson by the setting sun. I took the menacingly lovely vista as a prompt to head home. I landed at Williamson-Sodus after sunset. I was frustrated with myself and discouraged. As I gloomily pushed the Warrior back into her hangar, my neighbor Bob wandered over to check on me. "You've been gone over seven hours! How did it go?" "I have to go back and redo part of it," I told him glumly. He made a face. "Oh...sorry to hear that." Sunset over Sodus and Little Sodus Bays. And, an hour afterward, night currency restored after a week's lapse. Eight thousand five hundred feet above seal level, Warrior 481 and I droned home above a bed of downy condensate, weaving languidly around the larger build ups. After many hours of instrument training, looking out the window again scratched a deeply held itch. My iPad now routinely goes along for the ride, serving up aeronautical data via ForeFlight. In earlier posts, I reported a recurrent issue with the iPad overheating and protectively shutting itself down. I have since taken to placing the iPad on my left leg where it is less likely to experience direct sunlight. I have not had an issue since. The Stratus continues to work well, riding along in the middle of the back seat and drawing in ADS-B weather and GPS position data without any heat issues whatsoever. When I sold my beloved iFly 700 in lieu of the iPad / ForeFlight / Stratus combination, I had some initial remorse, but the set-up is serving me well. Now that ForeFlight has added "distance rings", a feature that the iFly incorporated that allowed for facile, at a glance, distance measurement, I no longer miss the iFly (though I wish that ForeFlight logged GPS tracks or that CloudAhoy would work with Stratus). From some distance out, it was obvious that some heavy cells were popping up around Rochester. I appreciated the early warning provided by ADS-B. Syracuse approach warned of isolated cells as well and, as I drew closer to home, my eyes confirmed the cells depicted by ForeFlight. Crossing south of Sodus Bay, the large cell parked offshore was visibly discharging electrical energy into the surface of Lake Ontario. Despite its proximity, there was no precipitation or wind gust near Williamson (though I did detect a shift in wind direction as I monitored the AWOS inbound) and I landed without issue. The large cell hovered just north of the Williamson-Sodus Airport as I tucked Warrior 481 back into her hangar. I realize that the ADS-B weather data provided by Stratus is delayed, a look at the recent past that should not be used in an attempt to thread between closely spaced cells. But one of the greatest causes of anxiety (at least, for me) while airborne comes from uncertainty of what lies ahead and the situational awareness afforded by ForeFlight and Stratus has been invaluable on my last few flights. The sense of community among aviators is an amazing thing. A love of airplanes and flight can create an instant bond between strangers, drawing them together to swap tales at any of the thousands of airports dotting the nation. It is a connection so strong that, within minutes of landing at a new-to-me airport, I can almost instantly engage in an enthusiastic conversation with complete strangers. This sense of community is one of my favorite aspects of flying. What newcomer would feel welcome by a sight like this? I appreciate that fences help keep deer off the airport and protect airplanes from the criminal element, but they are deleterious to public relations. Perhaps that is why, after her first trip to the airport with me, my mother remarked with surprise, "wow, airplane people are just like boat people!" This was my mother's way, in southeast Michigan vernacular, of saying, "wow, I had no idea that pilots were so open and friendly!" Boaters are notoriously friendly and it is not just because they get to drink beer while exercising their avocation (at least, I would like to think so). Pilots are very friendly too, once you get past the intimidating fence. Enter Amber Nolan, the self-styled "JetHiking Gypsy", a professional travel writer and non-aviator who had the audacity to challenge those fences with a big smile, a lot of enthusiasm, and an ambitious objective. Amber's goal is to "hitchhike" across all 50 states by general aviation while documenting her adventures. Along the way, she is learning that the pilot community is very welcoming of anyone interested in flying. As an "outsider", she is gaining unique insight into the aviation community. In my opinion, the JetHiking Gypsy has a unique podium to create bridges between the flying community and the general public through her tales of general aviation adventure and camaraderie. From a public relations perspective, I think her mission is a positive one for general aviation, an opportunity for non-flyers to understand what aviators and general aviation are really about. Arguably, taking to the sky with the Gypsy is a better excuse to fly than the average $100 hamburger run. When Ray from Le Roy told me that Amber was looking for a ride from Rochester, NY to Saratoga Springs, NY, I was more than willing to volunteer my time and ship for all the reasons cited above. And, selfishly, the destination was a new one for me and I was craving an excuse for a short excursion out of the immediate area. I emailed an offer to help that included a link to this blog and an open invitation to Internet-stalk me before accepting a ride. Suitably vetted as a volunteer pilot, the biggest challenge was waiting out the spate of IFR weather and thunderstorms that has dominated Rochester skies for the past two weeks. On the morning of July 5, we met at the Williamson-Sodus Airport for departure. Coincidentally, it was the very place where she experienced her first general aviation flight. In fact, Amber's entire cross country odyssey began from the Rochester airport in July of 2012. We did some aerial sightseeing over Chimney Bluffs before climbing over some scattered clouds for a direct flight to Saratoga Springs. Amber shared some of her stories of travelling the world as a writer and I shared some of my favorite flying destinations (we had Jekyll Island, GA in common). The time passed quickly and, before long, we dropped back down through a hole in the clouds and approached Saratoga County Airport. After so much focus on instrument training and flying in circles, it was a treat to fly someplace new outside of the immediate Rochester area. At Saratoga County, we met Mike, the pilot of a Cessna 180 who had previously offered to fly Amber across the state line into Vermont. Walking into the FBO, the Gypsy was greeted as a celebrity with a shout of "hey, it's the All Fifty States Girl!" While the line staff hung on her every word, I chatted a bit with Mike who had some interesting aviation experience beyond mine. It was a great morning of flying and aviation community. That afternoon, Amber reached state number twenty-nine by landing in Basin Harbor, VT. I have always tried to do my part for aviation PR by giving rides to anyone willing to entertain the idea. That is most definitely a one person at a time approach. Through her writing, Amber stands to reach a much broader cross section of the general public than I ever could. When she is done, I think she will have an amazing story to tell, one that will be good for general aviation. I wish her the very best of luck in her quest and am looking forward to reading all about it. Nearing the IFR check ride, a final hurdle remained in place: the dual (flown with an instructor) IFR cross country flight of 250+ nautical miles with different types of approaches flown at three airports. For me, the challenge of reaching this milestone lay neither in the planning nor the execution, but in finding an appropriate day to make the flight. To my mind, the ideal day would feature a thick stratus layer starting at 800 feet above ground level allowing for some actual IFR flight in a relatively benign atmosphere. In other words, the ideal weather would be crummy, but not too crummy; thunderstorms need not apply. Unfortunately, like much of the country east of the Mississippi, Rochester has suffered a soaking from an abysmal weather pattern generating a near continuous threat of thunderstorms. Our first scheduled attempt was Tuesday, June 25. I was worried about forecast thunderstorm activity, but we decided to re-assess closer to the planned departure time. I departed Williamson in Warrior 481 bound for Le Roy to meet Tom. On the way, I flew through a light rain shower that I first saw depicted on my moving map by Foreflight/Stratus before my eyeballs confirmed its presence. The let down into Le Roy was chock full of bumps and burbles, but this did not stand in the way of punctuality. I shut down at precisely the appointed 9:00 meeting time. Plan A: 279 nautical miles. My flight plan was meticulously crafted the previous Saturday while riding the train from Poughkeepsie to Grand Central in NYC. I was very proud of this plan, which had us flying from Le Roy to the Geneseo VOR, to Elmira for an ILS approach, to Jamestown via the Elmira and Wellsville VORs for an RNAV approach, then back to Geneseo via the LANGS intersection to fly the VOR-A back into Le Roy. Because it was our first time together in nearly three months, Tom and I did some review and went over the plan in detail. We briefed and filed it. Forecast convective activity along the route inspired a go/no-go debate. We hemmed, we hawed. When the office shuddered in a sudden squall, Tom and I ran outside and tied down Warrior 481. We sought inspiration from the local sky, despite knowing that the view would not be relevant to our planned route of flight. In the end, we came to a consensus that the risk of embedded thunderstorms was simply too high for comfort. My IFR flight plan expired without any clearance granted. It was a turbulent return to Williamson with a ground speed of 144 knots at 3000'. Had we gone, it would have been a rough ride and later viewing of the radar showed thunderstorm activity all along the planned route and, at times, right over the intended destinations. We made a good choice. A second attempt, Sunday June 30, was foiled by a broken ceiling of 600 feet over Williamson, preventing me from departing VFR to meet Tom at Le Roy. I noted with irony that it was exactly the sort of weather I had in mind for getting my IFR ticket in the first place. In lieu of flying, I washed and waxed the Warrior. It was exercise of a different sort. Forecasts improved for the evening of July 2 in that thunderstorms were absent from the terminal area forecasts, though there was still an active convective outlook advisory. Low weather was nonetheless anticipated across the route of flight. We concluded that it just might meet my idealized "crummy, but not too crummy" criterion. Moist air off of Lake Ontario was pushing south such that a 600' ceiling persisted over the shoreline and impacted the Williamson-Sodus airport. Tom, as keen to complete the cross country as I, offered to make the long drive from his house to Williamson. As I waited for him, I realized that my beloved original plan no longer made sense if we were flying from Williamson rather than Le Roy. I hastily crafted a new plan: Williamson to the Geneseo VOR, to Buffalo for an ILS approach, to Jamestown for a VOR approach, back to the Geneseo VOR via LANGS intersection, and an RNAV approach (LPV!) into Williamson. When Tom arrived, we reviewed the plan, briefed it with Flight Service, and filed it. Sitting in Warrior 481, the moment of truth came and I called clearance delivery on my cell phone. As the flight specialist put me on hold to contact Rochester Clearance, Tom looked me in the eye and warned, "if he comes back with anything other than 'cleared as filed', do not think - write." As it turned out, we were cleared as filed and received a release time ten minutes hence with a void time ten minutes after that. It was a perfect window with the airspace over Williamson owned by me for all of ten minutes. We departed Williamson in four miles of visibility and entered the cloud base at 400'. We contacted Rochester departure who responded with, "November 21481, radar contact, 1.5 miles south of the Williamson-Sodus airport. There are no other aircraft within twenty miles of you." I tuned the Geneseo VOR and intercepted the 060° radial while climbing to 4000'. At altitude, we were passing in and out of the clouds, but we were more in than out. Foreflight and Stratus showed some intense precipitation just to the left of our course and Rochester suggested a 20° course correction to the west. It was the first deviation of many. Rochester was juggling deviations for several commercial flights and one lone Warrior plowing through the cumulus. "The area around Geneseo is developing some very heavy precipitation," Rochester reported, then provided a vector that would avoid Geneseo. I set up the #1 Nav to intercept the next airway that would take us to Buffalo while Tom monitored our bearing from Geneseo on the #2. The world outside our windows varied from the absolute white of a blank canvas, to towering canyons of cotton candy, to neutral grey accompanied by streaks of moisture streaming over the windscreen. Through it all, my scan was solid and our heading and altitude remained true. I was amazed by my blase reaction to my first significant flight through real weather. On initial contact with Buffalo, the controller warned us that our planned sojourn to Jamestown might be unwise as thunderstorms were beginning to pop just south of the field. We decided to re-assess the situation after flying the ILS at Buffalo, but I began to seek an alternative to Jamestown that would provide a VOR approach that met the required diversity in approaches. Dunkirk had a VOR approach for runway 24 that looked like it would meet the need. I was thankful for Foreflight, which made this process comparatively easy to accomplish because of the way it organized and presented a voluminous amount of aeronautical data. Vectored onto the ILS by Buffalo, the cockpit of the airplane darkened as we descended deeper into the murk. I intercepted the glidslope, centered the needles, started the timer, and configured the airplane for a stable 500 foot/minute descent. Glancing outside, some fuzzy gray buildings could be just seen passing underneath, but no runway. Then, about two miles out, I got a visual on the runway. I returned my gaze to the instruments and flew the approach to the 200' decision altitude before breaking off on the missed approach. Climbing back into the clouds, Buffalo departure advised that Jamestown still looked like an undesirable destination, so we amended our clearance to Dunkirk. As luck would have it, a direct run to Dunkirk from Buffalo put us right down the throat of the approach. My approach there was a bit sloppy because I had not briefed that particular plate until we were en route, but it was passable. After the low approach, I was preparing to enter the published hold when Buffalo cleared us direct to Williamson-Sodus. "You do not want to go near Geneseo right now," the controller informed us as he eschewed the last vestiges of my original flight plan. We enjoyed several minutes of clear air over a fluffy undercast while surrounded by cumulus gorgeously accented in golden highlights by the setting sun. Through it all, the Buffalo and Rochester controllers took excellent care of us as we worked as full partners in finding suitable deviations to get us home. Having the ADS-B weather displayed on Foreflight, even knowing that it was less current than what the controllers saw on their screens, provided an excellent visual representation of the very detailed reports of heavy precipitation given to us over the radio. I was glad to have it. During the relatively calm flight back to Williamson from Dunkirk, Tom said, "you couldn't have asked for a better training experience than this." Indeed. It was no sterile, canned training experience, but an immersive lesson on managing real world weather deviations. I was reminded of a recent, excellent post by Frank Van Haste on this very topic. Unlike my prior actual instrument time in which we chose higher altitudes that deliberately put us in the clouds, this flight could not have been conducted any other way but IFR. And, it met the "crummy, but not too crummy" goal - even if conditions were actually crummier than we anticipated. At least the thunderstorms were in isolated pockets amenable to circumnavigation. We never experienced any significant rough air, which suggests that we never came particularly close to the convective activity dotting the airspace around us. Closer to Rochester, more isolated buildups necessitated a deviation well north of the city toward Lake Ontario. Briefly, I saw the Port of Rochester pass below through a hole in the clouds. In the post-sunset gloom, we literally swam through a grey murk with water flowing over Warrior 481's recently waxed skin. Williamson was still IFR, though the ceiling was higher than when we departed. The GPS-generated glideslope led us down through the grey until we broke out from the cloud base to see the runway lighting shining merrily from a dusky landscape as rain pelted the windscreen. The landing was no greaser, but a solid, good landing that inspired Tom to quip, "and after all that, you just had to show off!" Once the Warrior was put to bed for the night, Tom and I were walking back to the clubhouse in the light rain when he gave me a shove. "You did frikkin' awesome tonight!" I count that as one of the best compliments on my flying that I have ever received. We logged 3.0 hours total with 2.6 in actual IFR conditions. When I asked Tom what we needed to do next, his response was that I needed to take my check ride. Over breakfast with my daughter the following morning, I asked, "do you know what I did last night, Little Bear?" "I flew inside the clouds." Her eyes grew large and she gaped for a moment. "Wow! Will you take me into the clouds with you?"

2019-04-20T11:19:01Z

http://warrior481.blogspot.com/2013/07/

I want to draw you back to our wonderful study of the twelve apostles. You can open your Bible again to the 6th chapter of Luke and we're going to take a look today at the next name in the list of the twelve, the fifth one, Philip. The twelve apostles are named here for us in verses 14 through 16 of Luke 6 as Simon, whom He also, being Jesus, named Peter, Andrew his brother, James and John and Philip and Bartholomew, sometimes called Nathanael, and Matthew and Thomas, James the son of Alphaeus and Simon who is called the Zealot, Judas the son of James, and Judas Iscariot, who became a traitor. Here Luke introduces to us the twelve whom Jesus pulled close to Him for the remaining two years of His ministry in order that He might shape them into apostles, or sent ones, messengers, to carry on the preaching of the gospel and the establishing of the church after He had gone back to the Father in heaven. We are introduced to these men whom He now begins to formally train and prepare for their most auspicious and wonderful task. The glorious gospel of salvation was the message which the apostles eventually preached. They preached the gospel. They were selected to be the formidable, the official preachers of the gospel and therefore the founders of the church of Jesus Christ. To be an apostle, to be numbered among the twelve, was unquestionably the highest honor ever given to a human. The highest calling anyone could ever receive was to be selected by the Lord Jesus personally for this responsibility. The selection was remarkable. He had, no doubt, hundreds of followers out of which He chose these twelve. They were selected, of course, in response to a night of prayer in which the will of God was clearly affirmed in the mind of Jesus and after that the Lord the next day selected the twelve. He pulled them close to Him and spent the next couple of years in very, very intimate fellowship with them, twenty-four hours a day, seven days a week for the duration of His time on earth, including the forty days after the resurrection before His ascension. They were then personally mentored by Jesus Himself to be His official representatives. We will find out in chapter 9 that He gave to them the ability to cast out demons and the ability to heal the sick and even raise the dead as a way to authenticate their preaching. The Bible had not been written and so when they preached, people needed some way to know that it was truly the message of God. They couldn't compare it with the New Testament since the New Testament hadn't been written, so they were given the ability to do signs and wonders and mighty deeds, evidence that God was working through them so that people would know God was also speaking through them. As I said, this is the highest calling to which any human has ever been called. They will be honored to be the official preachers of the gospel, founders of the church. They will be honored to be responsible for much of the writing of the New Testament. And one later added to their number by the name of Paul will be particularly used by God to write at least thirteen books of the New Testament. They will be further honored by ruling over the twelve tribes of Israel in the Millennial Kingdom, and as well, they will have their names carved on the foundation stones under each of the twelve gates of the New Jerusalem, the capital city of the eternal heaven. No one in history has ever had higher honor than this. And what is remarkable about it is they were such common people. One might think that for such an honorable role there was some level of education, there was some level of erudition, there was some level of accomplishment, or achievement, some demonstration of leadership, some equipment in terms of oratorical skill that certainly they would need to have been a priest, a rabbi, a Pharisee, a Sadducee, somebody important in the religion of Judaism, but none of them were any of those. They were not theologians. They were not religious leaders. They were not famous. They were not powerful. They were not honored. They were not noble. They were just common men. None of them was a professional, as we would identify a professional. They were common working men. And that reminds us of the kinds of people that the Lord uses so that as 1 Corinthians 1:29 says, "No one should boast before God." And so that as 1 Corinthians 2:5 says, "Your faith should not rest on the wisdom of men, but on the power of God." In order that God's power be clear, in order that God's wisdom be clear, in order that God receive all the glory, He chooses to use the commonest of the common for His uncommon and supernatural purposes. Now I want you to notice again in verse 13 that He named these twelve “apostles,” familiar name to any student of the New Testament studies. We understand that word, means a messenger, a delegate, an envoy from the verb apostellō, to send. But let me enrich that concept a little bit for you. As we go through these twelve names I'll build a little on the introductory side so you'll understand something of the character of being an apostle, something of the nature of apostleship. Recent studies of Jewish history have revealed that in Judaism there was a particular title given to a unique set of individuals. The title is the word saliac or shaliac, probably be the better way to translate it, shaliac. A shaliac in Judaism was recognized by everyone. In the New Testament times, at the very time the story of Jesus is going on, the shaliac is an important part of Jewish life. Now what was a shaliac? A shaliac primarily had legal significance, not so much religious significance. To be a shaliac was to bear legal power. The best way to describe a shaliac in our contemporary terminology would be to say that a shaliac was someone who had power of attorney. We know the phrase "power of attorney." What that means is, you act in behalf of someone with full authority and full power. You act as if that person were there. That's how much authority and power you have. That was the shaliac, from the verb shalach, to send. They were sent as an envoy, as a delegate, as a messenger with full authorization to act in behalf of the person who sent them. They bore power of attorney. They could execute any task, they could sign any document. They could make any contract in the name of the person who sent them. Shaliac was the authoritative representative, fully identified with the one whom he represented and acting with full power on behalf of his commissioner. And recent scholars believe that the concept of shaliac loads itself into the word “apostle” so that the Greek term “apostle” has connections with the Hebrew term shalach. The apostles then are not just generic. They are men given power of attorney to act in behalf of Christ, to speak for Christ, to heal in His name, on occasion to raise the dead in His name and to cast out demons in His name. The twelve then were the shaliac of the Messiah. To further illustrate this idea, look to the 13th chapter of John for a moment. There are a couple of verses that I think give the sense of this. Here in this 13th chapter is a critical time between Jesus and His apostles. They are in the upper room. Jesus is giving them final instruction here in this... what is known as the upper-room discourse, the night of the Passover, the night of His betrayal, preceding His death. And He gathers the disciples, and this is a time to clarify for the twelve who are both disciples and apostles, some matters. One of them comes in verse 16. He says at the end of the verse, "Neither is one who is sent greater than the one who sent him." This is official language. This is Jesus saying, "You represent Me. You're not greater than Me, but you represent Me." In a sense He's saying, you're not lesser than Me, I'm not saying that, but know that you're not greater than Me. Expect to be treated the way I'm treated. And then down in verse 20 He further adds...at the end of verse 20, "He who receives Me receives Him who sent Me." When you received Me, you were receiving the Father who sent Me. In a sense, I came as the official authorized shaliac of God and when you received Me, you received the Father. Backing up again in verse 20, "He who receives whomever I send, receives Me." Here is that same concept, that...that official sense, that authorized sense. I represent the Father, I speak for the Father, I act for the Father. In fact, Jesus said, "I only speak what the Father tells Me to speak, and I only do what the Father shows Me to do." Clearly He indicated that. And Jesus says, "When you received Me, you received Him and whomever receives you, receives Me because you bring My words and you do My works." This in the words of Jesus Himself seems to be defining apostleship in terms that were familiar to the Jews under the concept of a shaliac. I think the apostle Paul very likely understood this as well because in Galatians chapter 4, even though he was added later on as an apostle late in time, but nonetheless bearing all of the rights of an apostle, even having seen the resurrected Christ on the road to Damascus, in verse 14 of Galatians 4, Paul at the end of the verse says, "You received me as an angel," says the NAS, it's aggelos, messenger, "as a messenger of God, as Christ Jesus Himself." So Paul understands this idea of official representation. You received me as a messenger of God, that is, as if it were Christ Himself. Now this is a marvelous way to understand the apostleship. They literally had full power of attorney to speak for Christ, and act for Christ, to bring the message that was His message and to do the mighty miracles and the deeds that were His miracles and His deeds. They did not act on their own power. They did not bring their own message. They were not independent free-lancers, they functioned under Christ as authorized representatives, not singularly but as a group for the purposes of Christ. Judas later was replaced because obviously he was a betrayer, a traitor, a defector, a devil from the beginning; was replaced in the first chapter of Acts by a man named Matthias. These were the foundation of the church as they spread the gospel and established the church by preaching attendant with signs and wonders. They came with the full power and message of Christ. The most important function of an apostle was witness, witness. We mentioned that word last week in connection with John. It's the word marturia, from which we get “martyr” because so many witnesses were killed, the word marturia, or martyr, became associated with death. But the original meaning of the word is witness. And the primary responsibility of the apostles would be to witness to the gospel, to preach the gospel and to write the gospel so as to establish the church. parkes ha akaamen, and on he goes to say, "The things which we have heard, the things which we have seen, the things that our hands have handled concerning the Word of life, these are the things we declare to you." What we saw, what we heard, what we touched concerning the Word of life, the living Christ, this is what we tell you. They were the official shaliac of the Messiah. The witness of the shaliac, by the way, was binding. It had full authority from the Messiah and behind Him from God because he spoke with the power of Christ and the power of God behind him. Look at 1 Thessalonians 2:13. Again you'll see that Paul understood this and so did the Thessalonians who heard him. He says in verse 13 of 1 Thessalonians 2, "For this reason we also constantly thank God that when you received from us the Word of God's message,” when you heard God's message from us, “you accepted it not as the word of men, but for what it really is, the Word of God." Paul says I'm thankful that you understood that I was a shaliac, that I was an authorized official representative of God who spoke the Word of God with full power of attorney. And even in 1 Corinthians 11 verse 23, Paul says that what I'm giving you is what I received from Jesus Christ. So we are meeting the apostles and we are meeting unique men, the highest calling that's ever been given to anybody in the history of the world. And what is so stunning about it is that they were so common. And this is the remarkable and wonderful, wonderful truth that gives hope to all of us, doesn't it? God uses the lowly people, very ordinary. In fact, I suppose they would say their personalities were to one degree or another flawed. But then, of course, the only explanation for what they did is not them, but the power of God through them. And God gets all the glory. Now we've already met Peter, Andrew, James and John. Fascinating characters, they were. Two sets of brothers, Peter and Andrew were brothers, James and John were brothers. They came from the same place, little town of Bethsaida, ended up in Capernaum, partners in a fishing business, all four of them. They were longing for the coming of Messiah. They were true Jews, believed in the true God, looking for the Messiah. They had that in common. They knew each other not only from their fishing business; they knew each other probably from synagogue attendance. They knew each other because their hearts were set toward the Messiah. They were thrilled when John the Baptist showed up and announced the arrival of Messiah, pointed to the Lamb of God, takes away the sin of the world. And they had attached themselves to Jesus and were among His learners, His disciples. And we've learned about the way they were different. Peter was that dynamic, bold, eager, take-charge guy, initiating, confronting, talking a better life than he ever could live, having undo confidence in himself. He acted too hastily, talked too much, failed miserably, was impulsive. He was always the leader, though, always in charge, always the first one, always the representative of the group. And eventually the Lord shaped him into a powerful, powerful, forgiven, restored preacher who literally preaches his way through the first twelve chapters of Acts in the establishment of the church among the Jews, and even the first Gentile converts. And then there was Andrew, who lived his whole life in the shadow of his brother, Peter. Andrew, not boisterous like Peter, so different, humble, quiet, gentle, inconspicuous, never seeking prominence, a man who saw, not crowds but individuals; and every time we see him he's bringing somebody to Jesus. Then there was James, passionate, zealous, ambitious, judgmental, narrow, sectarian, explosive, competitive whose ambition had to be redirected to the glory of Christ and whose passion had to be rechanneled to the building of the church, not tearing people down. And James eventually became such a stalwart that when Herod wanted to stop the growth of the church, he didn't kill Peter, he killed James. And then there was the brother of James, John, also a son of thunder, boisterous, explosive, narrow, sectarian; but became known as the apostle of love because Jesus took on the project of teaching John how to love by loving John till John so much understood that that he always referred to himself the same way, "the apostle whom Jesus loved." And John is the great example in the New Testament of the balance between truth and love. Well those are the first four clay pots. Now we come to group two. There are three groups, remember, of four. First four, second four, third four. Four lists, Matthew, Mark, Luke and Acts all have the lists of the apostles. They are always the same groups of four. Though the names mix in the group, the first name is always Peter and the first name in the second two groups is always the same. So when you come to the first name of group two, this little group had Philip as their leader. First names don't change, the other names do. So we meet Philip. Philip is a fascinating person. Wish we knew more about him than we do. We don't know a lot but the word "Philip" is a Greek word, it's a Greek name, it means "lover of horses." Don't know why he got that name, where it came from, but that's what it means. He must have had a Jewish name because all twelve apostles were Jewish. We don't know what his Jewish name is. We don't know what his Jewish parents named him. They wouldn't have named him with a Greek name, but maybe the equivalent in Hebrew, lover of horses, we don't know that. But he did have a Jewish name, we only know him, however, as Philip. He lived in Bethsaida. That is he grew up in the same town with Peter and Andrew and must have been acquainted with James and John so that here is Jesus, amazing, you would think if He was going to choose twelve apostles for this formidable task, He would scour the earth to find the best guys. He finds one little group of fishermen, just some buddies who knew each other and said, "That will do, that will do." Somebody said, "All He really needs is availability. That will be enough." So He went back into the same little village, same little non-descript place called Bethsaida up on the north end of the Galilee area. There was Philip. He probably was a close friend of Peter and Andrew because in that small place they went to the same synagogue and because they were God-fearing Jews and looking for the Messiah, they probably had a lot in common. It's probably true that Philip was a fisherman because in the 21st chapter of John, second and third verse, when Peter takes the disciples back into the fishing enterprise after the resurrection, he gets a little discouraged, he doesn't think he can do what God wants him to do, what the Lord wants him to do so he goes fishing. And Philip and Andrew go along. So perhaps he was a fisherman too, like the rest. What do we know about him? Matthew says nothing. Mark says nothing. And Luke says nothing. But John helps us. Let's turn to John 1. Let's at least know what we can know about Philip. He's an illustration of a completely different kind of person. He's not like Peter, he's not like Andrew, he's not like James, he's not like John. He's not at all like his buddy, Nathanael, or Bartholomew, same person. He's always pictured in the New Testament, always listed next to Nathanael-Bartholomew, always two... The two are together. But he's really not like any of those other five, he's just unique. Let's see how we first meet him in John chapter 1. In the 43rd verse it says, "The next day..." Stop there for a moment. The next day after what? Well the next day after Jesus had called Peter and Andrew. Go back to verse 40. They heard John the Baptist preach. They followed John the Baptist. John the Baptist points them to the Messiah. They find the Messiah, they follow the Messiah. Jesus changes Peter's name and here they are. They're in the group of disciples, a large group of following Jesus. "The next day He purposed to go forth into Galilee," that is Jesus, "and He found Philip." Now Peter and Andrew had kind of found Him, and even James and John sort of found Him. This is the first time we actually read "He found" somebody. He went after Philip. That is not to say He didn't sovereignly, before the foundation of the world predetermine all the rest, but it is language unique to Philip. He is the first one to whom Jesus actually said, "Follow Me." He did have to say that to Peter, but that was at the end of His ministry, at the end of the gospel of John, Peter still being a little recalcitrant in his following. But from the outset, He found Philip. And Jesus said to him, "Follow Me,” I want you in My group, you follow Me. But notice verse 44 tells us Philip was from Bethsaida, that small town where Andrew and Peter lived. Philip then found Nathanael, Nathanael-Bartholomew, with whom, as I said, he's always connected in the listings. "And he said to him, 'We have found Him.'" Isn't that interesting? People always ask, what's the resolution between sovereign election and human choice? How do we resolve those things? Well here's a perfect illustration that both exist. The Lord found Philip but Philip felt that he found the Lord. "We found Him." No, no, bad theology, Philip, He found you. But from a human perspective this was the end of his search. He had been a true Jew. He had been a true seeker. He had been committed to the Old Testament. Look at verse 45, "We have found Him." Who are you talking about? "Of whom Moses and the law and also the prophets wrote." He was a student of the Old Testament. The law and the prophets is shorthand for the Old Testament. We've studied the Old Testament. We know who we're looking for. We're looking for the Messiah. And we found the Messiah and you'll never believe it, it is Jesus of Nazareth, the son of Joseph. Now Bethsaida was north of Nazareth, up in that Galilee area, not very far away. Nathanael can't believe it. He said to him, "Can any good thing come out of Nazareth?" You've got to be kidding. That's a ridiculous thing for Nathanael to say because he came from Cana. That was worse than Nazareth. I've been to both places. Nazareth by all measures would have been a more significant place than Cana, a little local rivalry there. But Philip had studied the Old Testament. We'll see more about Nathanael in the future. Philip had studied the Old Testament, studied Moses, the law, the prophets. And he was waiting for the Messiah and he was at the end of his search. "We found Him." No one brought Philip to Jesus. He was like Simeon. He was one looking for the consolation of Israel. He was waiting for the Messiah. No one had to bring him to Jesus. Jesus found him. And, of course, in truth He finds everybody who comes to Him, right? "No man comes unto the Me except the Father draws him." But the Old Testament had prepared Philip's heart. He was a student of the Old Testament, the law and the prophets, looking for the Messiah. And when it came time in the sovereign purpose of God, Jesus, planning to go to Galilee, put His finger on Philip and said, "Follow Me." And Philip, so excited, found his buddy, Nathanael, and said, "We found Him." What a great beginning, huh? No reluctance. No disbelief. He just was so elated, so thrilled that he just followed. He got caught up, I think, in the emotional fulfillment of the moment. I think his faith was real, but very weak, as the later passages about him tell us. But it was a good beginning. He didn't make any effort to find more information, to check things out. He just embraced the fact that the Messiah was Jesus of Nazareth, the son of Joseph. Just didn't...just didn't seem like that's the way it should be, but it was OK if that's the way it was. This was the end of the search. This is Philip. Please don't confuse him with Philip the deacon in Acts 6 and 8, later became an evangelist. Different Philip. Turn to John 6. Let's look at little more at Philip. Now we're going to get from the spiritual side of things. We know he was an Old Testament student. We know he loved the Old Testament scripture. We know he interpreted it literally, believed in a Messiah. And when Messiah came up and said, "Follow Me," he gladly embraced Jesus as his Messiah and followed Him. So we know the spiritual side, his heart was right, he had a seeking heart and the Lord...the Lord never can call to follow Him one whose heart is not already opened. So we saw the spiritual side. But here's his personality starting to show through. Jesus, verse 5, "lifts up His eyes and sees a great multitude," John 6:5, huge crowd. Well we know how large the crowd was, there were five thousand men, which means at least five thousand women and fifteen thousand kids, who knows? Huge crowd. He lifts up his eyes, sees this great multitude coming at Him. And He said to Philip, this is interesting, "Where are we to buy bread that these may eat?" Why does He ask Philip? Well, you know, maybe Philip was the apostolic bean counter. You know? The administrator. Maybe...maybe Philip...this is speculation...but Philip was the guy who whether officially or unofficially was the guy who always worried about the possibility of everything. He was the guy who in every meeting said, "I don't think we can do that." He was the master of the impossible, and most everything fit into that category for him, maybe. In verse 6, "Jesus said this, testing him." He wasn't testing him so that He could find out what he was like, He was testing him so that he would reveal to himself what he was like. He knew his thinking. All of a sudden He sees this massive crowd, He says, "Philip, you're usually in charge of arrangements, in charge of administrating things, could you tell us where we're going to get bread to feed this crowd?" He knew exactly what he was thinking. He had already started counting heads. When the crowd started moving, he was, one, two... It's late in the day, this is a huge crowd. They're going to be hungry, you know. I mean, essentially life was eating, wasn't it? And eating in those days was not an easy thing. There wasn't any fast-food. And He says this right out of the blue, "Where we going to buy bread that these may eat?" Philip in verse 7 answered, "Two hundred denarii worth of bread is not sufficient for them, for everyone to receive a little." You know, Jesus knew he had already calculated that. He had been thinking that the whole time. Here you are, Philip, standing there watching this huge crowd. Instead of thinking, oh what a glorious occasion, Jesus is going to teach the crowd, whoa what a tremendous opportunity for the Lord. Now he had been there when the Lord created wine out of water, remember that, the water to wine. He had seen miracles of healing, casting out of demons, those kinds of things. And he sees this great crowd and he's already beginning to feel the impossible. Oh boy, it's dinner time and if we could collect 200 denarii, we couldn't feed this crowd a snack. We're in big trouble. The supernatural escapes these kind of people. They're just material...material in their thinking. So Jesus wants to give him a test so he'll see what he's really like. And he responded with open unbelief. It can't be done. It can't be done. A denarius is one day's wages, 200 days’ wages, eight months’ work. That's a lot of money for this group of essentially meager apostles in terms of money. "Nah, if we could somehow collect, you know, eight months’ wages, we couldn't feed this crowd even a snack." It can't be done. You know, his calculations would have gone like this, "One denarius would buy twelve wheat biscuits. One denarius would buy thirty-six barley biscuits. Barley's cheaper. If we get the biscuit the size of a hand and one and a half inches thick...nah, it can't be done. It can't be done." Pessimistic, analytical, pragmatic, sad isn't it? Who wants to live like that? One of the supreme essentials of leadership is a sense of the possible, certainly if you're hanging around Christ. Philip had a great feeling for the impossible. He knew too much arithmetic to be adventurous. He should have said, "Lord, You want to feed them, feed them, I'm just going to stand back and watch how You do it. You can do it, Lord. Do it. We'll tell everybody to get in line. You just make the food." That would have been great, wouldn't it? Man...can't be done. On the other hand, you have Andrew, verse 8, and every time we see Andrew, what's he doing? He's bringing someone to Jesus. Here comes Andrew. "Simon Peter's brother" always has to be added there. Poor Andrew, he lived in that shadow his whole life. I don't think it will say that on the foundation stone of his gate in the New Jerusalem. I think it will just be Andrew, big letters. Anyway, "He said to Him, 'There's a lad here who has five barley loaves and two fish, but what are these for so many?'" Now Andrew had a glimmer of the possible. I couldn't find much but I found one guy. And he had already seen Jesus turn water into wine, who knows what He can do with two little...well essentially what he's got here is two pickled fish and five crackers. Boy, Andrew's little faith was honored. Philip lost the opportunity and a little boy brought by Andrew seized it. You see, Philip was a materialist. He was the man of practical things. He was the common sense guy. He was the measurements guy. He was the methods guy. He was the mechanical guy with little understanding of the supernatural and he was more interested in facts and figures than faith. Turn to John 12, this is confirmed for us again. John 12, now I'll give you a little background. Go down to verse 20. "Now there were certain Greeks, Gentiles, among those who were going to worship at the feast." There were some Gentiles who were coming to worship God at the Passover. This was the final Passover in Jesus' life. And so here were some Gentiles, there were many Gentiles, you know, who were proselytes to Judaism who worshiped the true God, God-fearing Gentiles. And they came to worship at the feast. Well they, if they were converted to Judaism, would have been very interested in Jesus. So verse 21, "These therefore came to Philip." Now I don't know why they came to Philip except that maybe Philip was sort of the...he was sort of the administrator, he was sort of the arrangement guy, right? I mean, he was going to arrange for the food and maybe it was his deal to count the beans and figure out where you're going to go and who can do this, he was the guy who had the little manual and you know, he was in charge of operations. And so, if you wanted to get to Jesus, you sort of went to the...he was the spearhead. "They came to Philip who was from Bethsaida of Galilee and they began to ask him, saying, 'Sir, we wish to see Jesus.'" Not a hard question, right? Not a hard question. "We want to see Jesus. We have heard about the Messiah, we've come into town from Gentile lands, we've come into town for the Passover here in Jerusalem. We would love to meet Jesus." Hey, great! Well, Philip wasn't real sure about this, got to check the manual on Gentiles and Jesus. A little concerned. Now, Jesus said on occasion when He sent the disciples out, "Don't go to the Gentiles and don't go to the Samaritans," right? Matthew 10:5 and 6, "You just go to the lost sheep of the house of Israel." Now is that a...is that a fixed prohibition from ever introducing a Gentile to Jesus? No. It simply identifies the priority the Jew first and also the Greek. Jesus Himself first revealed that He was the Messiah to a Samaritan woman. But the general pattern is going to be to evangelize the Jews, but general patterns don't usually work very well for these kinds of people. They just go by rules. So, I don't know, it's not in the manual. But, you know, he's got a good heart. So he goes to Andrew. Why? Because Andrew brings everybody to Jesus; that's what he does. And there's something in the heart of Philip that knows that's right. But he just...he's not decisive. He can only...he has what we call passive aggressive characteristics. He only gets aggressive to stop something. He will never lead the parade. He's not that kind of leader. He will just try to stop it. He only gets aggressive to prevent because he fears it can't be done. But there's a little something in his heart that says they should meet Jesus. He's so incredible. But it's not in the book, I'll take him to Andrew and then nobody can say to me, "You didn't go by the book." Andrew did it, and you know him, he's always bringing everybody to Jesus. So Andrew and Philip came and told Jesus. "There's some Gentiles to see you, Lord." The text doesn't say but I think it's fair to assume He saw them. He said Himself, "Whoever comes to Me, I will in no wise cast out." But, you see, Andrew just...he was by the book, analytical, skeptical. He had...Philip, I should say, he was analytical, skeptical, by the book and if he was going to bring anybody to Jesus that didn't seem to be according to the rules, he had to get somebody else involved. He couldn't find any official precedent for letting the Gentiles see Jesus, couldn't get past the rules. Well, finally we see him in the 14th chapter of John. This is kind of sad, honestly. It is sad. We would hope by the time you get to this point...this is two years after he's been chosen. This is two years after he's been in the process of being trained. This is two years of teaching by Jesus, two years of miracles by Jesus, two years of healings, two years of casting out demons, two years of intimate day in, day out, twenty-four hours a day seven days a week fellowship with Jesus has gone by and here we meet him and Jesus says in verse 6 of John 14, this is in the opening of the upper-room discourse, the night of His betrayal. "I am the way, the truth and the life, no man comes to the Father but through Me." You can't come to God except through Me, He says to the twelve that are with Him there. Actually Judas is still there, he leaves later that evening. "If you had known Me, you would have known My Father also, from now on you know Him and have seen Him." Then Philip, here's Philip, he says, "Lord, show us the Father and it is enough for us." Oh brother, come on. What do you mean, show us the Father? Where have you been? "Jesus said to him, 'Have I been so long with you and yet you have not come to know Me, Philip? He who has seen Me has (what) seen the Father." How can you possibly be saying, show us the Father?” This is very discouraging. What do you think has been going on these years, three of them, three years? Two years of intimate association, what do you think has been going on? What do you think’s been going... What do you think's been going on with all of this? Verse 10, "Do you not believe I'm in the Father and the Father's in Me?" Don't you believe there's no difference? "The words which I say to you I don't speak on My own initiative, but the Father abiding in Me does His works." The words that I say, they're from the Father, the works that I do, they're from the Father, I am to the Father what you are to Me, I am the Father's shaliac, I act with His full power of attorney. More than that, I am the Father in essence. The Father is Me. We share the same divine being. He says in verse 10, "Do you not believe?" In verse 11: "Believe." I can tell you don't believe. Believe I'm the Messiah. Fine, you believe I'm a miracle worker, but somehow you're tendency toward skepticism has allowed you not to make the ultimate conclusion that you are in the presence of the living and eternal God Himself. So He goes from "Do you not believe," in verse 10, to "Believe.” “Believe Me that I am in the Father and the Father in Me. And please believe on account of the works." There's no other explanation. You don't need further miracles. Show us the Father. What are you saying? What do you think I've been doing? For three years this man, Philip, had gazed into the only face of God that he would ever see, and it wasn't clear. His materialism, his skepticism, his small-mindedness that shut him off from a full apprehension of whose presence he had enjoyed; he was a man of limited ability. He was a man of limited faith. He was a man of imperfect understanding. He was skeptical, analytical, pessimistic, reluctant, unsure, wanted to go by the book all the time, facts and figures controlled his life, never got the big picture of divine power, person and grace. Slow to understand, show to trust, it seemed like his life was limited by circumstances, money, rules, proof. Yeah, I know it... If you were interviewing Philip and you looked at this you would say, he's out, can't make him one of the twelve most important people in the history of the world. Well, Jesus said, exactly what I'm looking for, and I'll make him into a preacher and I'll make him into a founder of the church and I'll make him into a ruler in the kingdom and I'll give to him eternal reward in heaven for the work that he does. The Lord uses people like him, lots of them. And by the way, tradition tells us that he was so faithful to Christ, so devout, so loyal that he wouldn't recant Christ under the Roman persecution. And because he wouldn't, they stripped him of his clothes, they put steel rods through his ankles and through his thighs and they hung him by those upside down. And he said, according to the tradition, that when he was dead he did not want to be wrapped in a linen garment, because he wasn't worthy to be treated the way his Lord was in His death.

2019-04-26T10:20:01Z

https://www.gty.org/library/sermons-library/42-77/common-men-uncommon-calling-phillip

Posted: 2018-06-22 09:55:00 by Metro Source Media Networks, Inc. (Brooklyn, NY) -- The Washington Wizards chose Oregon guard Tony Brown Junior in the first round with the 15th pick of the NBA draft. Brown averaged 11.3 points and 6.2 rebounds as a freshman. He is the first Duck selected in the first round since Aaron Brooks in 2007. Oregon State forward Drew Eubanks went undrafted, but landed a Summer League job with the San Antonio Spurs. He left school with a year of eligibility left to enter the NBA draft. (Brooklyn, NY) -- The Trail Blazers selected 6-foot-4 guard Anfernee Simons in the first round of the NBA draft and 24th overall. The 19-year-old opted not to play in college, but enrolled at the IMG Academy for a year of development. The Blazers also acquired Duke guard Gary Trent Junior, who was the 37th overall pick, from the Sacramento Kings for two future second-round picks. Posted: 2018-06-22 09:54:00 by Metro Source Media Networks, Inc. (Omaha, NE) -- Oregon State will meet Mississippi State today in the College World Series in Omaha. The Beavers will have to beat the Bulldogs twice to advance to the championship series next week. Oregon State staved off elimination with an 11-6 victory over North Carolina in an elimination game on Wednesday. Posted: 2018-06-22 09:53:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers visit Atlanta United for a Sunday match. The Timbers are sixth in the West with 22 points, while Atlanta United sits atop the MLS standings with 33 points. Portland has not suffered a loss in MLS play since a 3-2 defeat to Orlando City SC on April 8th. Posted: 2018-06-22 09:52:00 by Metro Source Media Networks, Inc. (Boston, MA) -- The Mariners will open a weekend series tonight against the Red Sox in Fenway Park. Seattle southpaw Wade LeBlanc will start the opener. The Red Sox will start knuckleballer Steven Wright. (Bronx, NY) -- James Paxton struck out nine in five innings, but gave up a pair of two-run homers in the first inning as the Mainers lost 4-3 to the Yankees in New York. Kyle Seager homered with Nelson Cruz aboard for Seattle. The M's were swept in the three-game series. It may go down as one of the most amazing comeback wins in College World Series history as it’s been a crazy week in Omaha, the site of the NCAA championships, with lightning and rain delays, and games being reschedule. And crazy it was last night for Oregon State, who faced North Carolina in a rematch from Saturday’s opening tournament-loss, and were staring at being eliminated in a ‘loser-out’ game. Cadyn (grenn-yay) Grenier to lead 2-zip, then added a run in the top of the third owning a nice 3-to-nothing lead. But, like the weather here and in Omaha, things changed, and in a bad way suddenly for the Beavs as once again Carolina knocked OSU pitching ace and record-holder Luke Heimlich out of the game in the bottom half of the third smacking him around for 3-runs on 6-hits, to tie it, 3-3. Beaver 2-time champion Coach Pat Casey wasted little time and made a change on the mound. However, North Carolina pushed across 3-runs to own a 6-3 lead after six and things seemed terminal for OSU. Then, in the 8th inning, Oregon State ignited for 4-runs to take the lead, and tacked on 4-more insurance runs in the top of the 9th just to make sure, and held on for an 11-6 win to live for another game. The Beavs, 51-and-11, meet unranked Mississippi State in a one bracket semifinal tomorrow at Noon, and must beat the Bulldogs Friday, and again Saturday to play for the National Title on Monday. Today, top-ranked & defending Champion Florida must win facing Texas Tech today at 5 in the other bracket Semi which is an elimination game for both teams. 5th ranked Arkansas awaits the winner tomorrow night. Mike Riley is leaving Oregon State’s football coaching staff as an assistant and recruiting consultant to become head coach of the new ‘Alliance of American Football’ league’s San Antonio franchise which will be announced today. Riley, who turns 65, next month joins other coaching notables in the fledgling league like Dennis Erickson, Salt Lake City…Rich Neuheisel, Phoenix, and Steve Spurrier in Orlando. Nick Madrigal, 1st round recent draft pick of the Oregon State baseball team, was honored with the Oregon Sports Award for ‘Bill Hayward Amateur Athlete of the Year’ last night announced at a ceremony held a Nike Headquarters in Beaverton. Summit golfer Olivia Lorberg was a finalist for Prep Golfer of the Year, and Hawley Hair of Sisters for Prep Volleyball Player of the Year. Posted: 2018-06-21 10:15:00 by Metro Source Media Networks, Inc. (Brooklyn, NY) -- The Trail Blazers will be looking to improve their roster tonight in the 2018 NBA Draft in Brooklyn, New York. Portland was awarded the 24th pick in the first round after finishing third in the Western Conference at 49-and-33. Oregon guard Troy Brown has a shot at hearing his name called in the first round after spending one season with the Ducks. Posted: 2018-06-21 10:14:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks have agreed to a four-year deal with rookie defensive lineman Rasheem Green. The USC product was selected by Seattle in the third round of this year's draft. The Seahawks will now head to training camp with all nine of their draft picks under contract. (Portland, OR) -- The Timbers are visiting Atlanta United for a match on Sunday. The Timbers are sixth in the West with 22 points, while Atlanta United sits atop the MLS standings with 33 points. Portland has not suffered a loss in MLS play since a 3-2 defeat to Orlando City SC on April 8th. Posted: 2018-06-21 10:13:00 by Metro Source Media Networks, Inc. (Bronx, NY) -- Dee Gordon drove in two runs for the Mariners as they were upended by the Yankees 7-5 in the Bronx. Seattle jumped out to a 5-0 lead, but New York responded with seven unanswered runs. Ryan Cook served up the walk-off homer to take the loss. The M's have dropped three in-a-row. Posted: 2018-06-21 10:12:00 by Metro Source Media Networks, Inc. (Bronx, NY) -- The Mariners look to avoid a sweep today as they take on the Yankees in the Bronx. James Paxton will get the nod for Seattle, while Luis Severino is expected to take the mound for New York. The M's are second in the AL West at 46-and-28, three games behind the first-place Astros. Posted: 2018-06-21 10:11:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Storm are wrapping up their five-game homestand tomorrow against the Indiana Fever. Seattle has gone 3-and-3 in its last six games to fall to 8-and-4 on the season. Indiana currently has the worst record in the league at 1-and-11. Today at 4, the Oregon State Beaver baseball team takes on North Carolina, again, in the College World Series in Omaha. It’s an elimination game for both the Beavs and the Tar Heels who yesterday were smashed by Mississippi State, 12-2. Carolina beat OSU in the opening game of the Series Saturday downing the Beavs, 8-6. The winner meets Mississippi State Friday at noon in the bracket Quarterfinals. Oregon State would need to win today and tomorrow against the Bulldogs, and again on Saturday to make the Championship series which begins Monday. Meantime, #1 Florida stays alive in bracket-2 as the Gators knock out Texas yesterday, 6-1, in an elimination game. Florida plays the loser of Arkansas and Texas Tech who meet this morning at 9. The College World Series games can be seen on ESPN. Again, Oregon State and North Carolina tangle today at 4. The Oregon State Beaver football team landed a local Tight End recruit who announced yesterday he would commit to helping build the dam in Corvallis. Luke Musgrave, the nephew of former record-setting Oregon Duck quarterback, Bill Musgrave, will join the OSU program in 2019. The 6-foot-5, 230-pound, Bend High School standout tight end chose Oregon State over Oregon. He informed the Oregon State coaching staff of his decision late Monday evening during an unofficial trip to Corvallis. Posted: 2018-06-20 09:29:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers are headed to Atlanta to take on Atlanta United on Sunday. Portland has gone eight straight games without a loss in MLS play. The Timbers are sixth in the West with 22 points. Atlanta United sits atop the MLS standings with 33 points. (Brooklyn, NY) -- The Trail Blazers are almost on the clock as the NBA Draft tips-off tomorrow in Brooklyn, New York. Portland owns the 24th pick in the first round. The Blazers selected Purdue big man Caleb Swanigan with the 26th pick in last year's draft and acquired Gonzaga big man Zach Collins, who was drafted 10th overall by the Kings. Posted: 2018-06-20 09:28:00 by Metro Source Media Networks, Inc. (Bronx, NY) -- Nelson Cruz homered for Mariners as they were smashed by the Yankees 7-2 in the Bronx. Marco Gonzales gave up six runs in just over six frames to take the loss. Mitch Haniger also drove in a run for the M's, who have dropped two in-a-row. Posted: 2018-06-20 09:27:00 by Metro Source Media Networks, Inc. (Bronx, NY) -- The Mariners are continuing their three-game series with the Yankees tonight in the Bronx. Seattle is expected to start Felix Hernandez, while New York counters with right-hander Jonathan Loaisiga. The M's are second in the AL West at 46-and-27, two games behind the first place Astros. Posted: 2018-06-20 09:25:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Breanna Stewart poured in a game-high 27 points for the Storm in their 89-77 loss to the Las Vegas Aces in Seattle. The Aces outscored the Storm 25-13 in the fourth quarter. Seattle will wrap up its five-game homestand against the Indiana Fever on Friday. The Storm dropped to 8-and-4 on the season. Posted: 2018-06-19 09:51:00 by Metro Source Media Networks, Inc. (Brooklyn, NY) -- The 2018 NBA Draft is rapidly approaching. The Trail Blazers have the 24th pick in the first round of Thursday's event from Brooklyn. Portland doesn't have a second round selection. The Oregon State Beavers live for another day in Omaha at the NCAA College baseball World Series. OSU looked as though they were on the verge of being eliminated by their Pac-12 rival Washington trailing early in an elimination game, but the Beavers came back. In the 6th inning with the Huskies leading 5-4, the game was delayed because of thunder and lightning. After a 4-1/2 hour delay, the game resumed with the bases loaded in the top of the 6th with OSU batting. Senior outfielder Kyle Nobach belted a 3-run homer to help OSU’s comeback and Oregon State pushed on to a 14-to-5 win knocking Washington out of bracket play. The Beavers will play tomorrow at 4pm and will face the loser of North Carolina vs. Mississippi State who play today at 3. Because of the long delay yesterday, the Tar Heel and Bulldogs game was pushed back to today. Oregon State must win tomorrow to get a Friday bracket semifinal game, with a chance to play for the Championship of their bracket. The two bracket winners meet Monday for the Title best-of-3 game series. The Beavers are 50-and-11 overall making their 7th appearance in school history in the College World Series. In the other bracket, #1 Florida needs a win to stay alive facing Texas, and Arkansas meets Texas Tech. All the series games are on ESPN. Posted: 2018-06-19 09:50:00 by Metro Source Media Networks, Inc. (New York, NY) -- The Mariners open a three-game series with the Yankees tonight in New York. Marco Gonzales will get the nod for Seattle in the opener. New York counters with Domingo German. First pitch is set for 4:05 p.m. The Mariners are second in the AL West at 46-and-26, two games behind the first place Astros. (Portland, OR) -- The Timbers resume MLS play on Sunday. They will put their eight-game MLS unbeaten streak on the line against Atlanta United in Atlanta. Portland picked up a win in U.S. Open Cup play, topping the L.A. Galaxy 1-0 on Saturday at Providence Park. They advance to the quarterfinals. Posted: 2018-06-19 09:49:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners are getting back a bullpen arm as they begin their road trip. The M's activated right-handed reliever Juan Nicasio from the 10-day disabled list. Nicasio has appeared in 30 games and has a 5.34 ERA. Catcher Chris Herrmann was also added to the 25-man roster. The team optioned right-hander Rob Whalen and catcher David Freitas to Triple-A Tacoma. Posted: 2018-06-19 09:48:00 by Metro Source Media Networks, Inc. (Renton, WA) -- With OTA's and mandatory minicamp in the rearview, the Seahawks now turn their sights to training camp. The dates were announced yesterday. Seattle kicks off camp on July 26th and 13 practices will be open to the public. The first preseason game is on August 9th against the Colts at CenturyLink Field. Posted: 2018-06-18 10:06:00 by Metro Source Media Networks, Inc. tie atop the leaderboard with Daniel Berger. Posted: 2018-06-18 10:04:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State takes on Washington in a do-or-die elimination game at the College World Series today in Omaha. The Beavers lost their CWS opener, 8-6, to North Carolina on Saturday. With a win today, OSU would set up another elimination game with either UNC or Mississippi State on Wednesday. Posted: 2018-06-18 10:03:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Rafael Devers broke the game open with a three-run homer in the third and the Red Sox cruised past the Mariners 9-3 in Seattle. Mariners' starter Mike Leake surrendered five runs across six innings to take the loss. Nelson Cruz homered as the M's wrapped up their seven-game homestand with five wins. (Portland, OR) -- The Timbers resume MLS play this coming Sunday. They will put their eight-game MLS unbeaten streak on the line against Atlanta United in Atlanta. Portland picked up a win in U.S. Open Cup play over the weekend, topping the L.A. Galaxy 1-0 on Saturday at Providence Park. They advance to the quarterfinals. Posted: 2018-06-18 10:02:00 by Metro Source Media Networks, Inc. (New York, NY) -- The Mariners take their show on the road to kick off a 10-game road trip tomorrow. They open a three-game set against the Yankees in New York. Marco Gonzales will toe the rubber for the M's in the opener. The Yankees will counter with Domingo German. Seattle will also visit Boston for three and Baltimore for four on the trip. Posted: 2018-06-15 10:19:00 by Metro Source Media Networks, Inc. (Eugene, OR) -- The Oregon Ducks have signed three-star defensive end Isaac Townsend. According to 247Sports, Townsend is the highest rated defensive player in his class out of Colorado. The Ralston Valley Senior High School standout chose Oregon over Boise State, Nebraska and Notre Dame. The Ducks have already gained 10 commitments for the class of 2019. Posted: 2018-06-15 10:18:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers are playing host to the LA Galaxy tonight in the U.S. Open Cup round of 16. If the Timbers win, they will face the winner of LAFC and Sacramento Republic in the quarterfinals on Monday. The MLS is on a temporary break as the World Cup continues in Russia. Team USA is not participating after failing to qualify. Posted: 2018-06-15 10:17:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners held a moment of silence for Hall of Famer Anne Donovan at the start of last night's game against the Red Sox. The legendary player and coach passed away Wednesday from heart failure at age 56. Donovan coached the WNBA's Seattle Storm to their first league championship in 2004. (Omaha, NE) -- Oregon State is squaring off with North Carolina in the College World Series tomorrow in Omaha. The Beavers won their Corvallis Super Regional to advance, while the Tar Heels won the Chapel Hill Super Regional. Oregon State will face either Mississippi State or Washington in their next matchup. Posted: 2018-06-15 10:16:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Xander Bogaerts' go-ahead homer in the sixth inning was difference as the Red Sox upended the Mariners 2-1 at Safeco Field. Guillermo Heredia knotted the game at 1-1 with a sac-fly in the fifth inning. Felix Hernandez gave up two runs in seven frames to take the loss. The M's had their four-game winning streak snapped. Posted: 2018-06-15 10:15:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners continue their four-game series with the Red Sox tonight at Safeco Field. James Paxton takes the mound for Seattle, while Rick Porcello gets the nod for Boston. The Mariners are second in the AL West at 44-and-25, a half-game behind the Astros. Posted: 2018-06-15 10:14:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners are adding some depth to their bullpen by bringing in a pair of pitchers. Seattle has recalled right-handers Rob Whalen and Nick Rumbelow from Triple-A Tacoma. To make room on the roster, the M's optioned first baseman Dan Vogelbach and designated reliever Mike Morin for assignment. Posted: 2018-06-15 10:13:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Storm play host to the Connecticut Sun tonight as their five-game homestand continues. Seattle is third in the Western Conference at 7-and-3. Connecticut leads the East at 7-and-2. Posted: 2018-06-14 08:59:00 by Metro Source Media Networks, Inc. (Brooklyn, NY) -- The 2018 NBA Draft is set to begin a week from today in Brooklyn, New York. The Trail Blazers own the 24th pick in the Draft. Portland drafted Purdue big man Caleb Swanigan with the 26th pick in last year's draft and acquired Gonzaga big man Zach Collins, who was selected 10th overall by the Kings. Posted: 2018-06-14 08:58:00 by Metro Source Media Networks, Inc. (Omaha, NE) -- Oregon State is set to take on North Carolina in the College World Series on Saturday in Omaha. The Beavers won their Corvallis Super Regional to advance, while the Tar Heels won the Chapel Hill Super Regional. Posted: 2018-06-14 08:56:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers are welcoming the LA Galaxy to Portland to square off in the U.S. Open Cup tomorrow. The MLS is on a temporary break as the World Cup gets started in Russia today. Team USA is not participating after failing to qualify. (Undated) -- The basketball world is mourning the loss of Hall of Famer Anne Donovan. The legendary player and coach passed away Wednesday from heart failure at age 56. Donovan played collegiately at Old Dominion before winning Olympic gold twice for the U.S. as a player and once as a head coach. She also coached the WNBA's Seattle Storm to their first league championship in 2004. Posted: 2018-06-14 08:55:00 by Metro Source Media Networks, Inc. (Renton, WA) -- The Seahawks are back on the field today to wrap up their mandatory minicamp. Seattle will look ahead to training camp which is set to kick-off next month. Safety Earl Thomas is holding out as he seeks a new deal. Posted: 2018-06-14 08:53:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks are bringing in former Colts general manager Ryan Grigson as a consultant. Grigson's agent, Buddy Baker, made the announcement via Twitter. The 46-year-old Grigson won NFL Executive of the Year in 2012 with the Colts. Posted: 2018-06-14 08:52:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Mitch Haniger drilled a two-run homer in the bottom of the ninth inning to give the Mariners an 8-6 win over the Angels at Safeco Field. Ryon Healy and Nelson Cruz also went deep as the M's completed a three-game sweep. Roenis Elias got credit for the win. Seattle is first in the AL West Division at 44-and-24. Posted: 2018-06-14 08:51:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners are opening a four-game series with the Red Sox tonight in Seattle. Felix Hernandez will get the start for the M's. Boston plans to counter with lefty pitcher David Price. The Mariners have won 11 of their last 13. Posted: 2018-06-14 08:49:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Storm are returning to the hardwood tomorrow for a matchup with the Connecticut Sun at Key Arena. Seattle is third in the Western Conference at 7-and-3. Connecticut sits atop the East at 7-and-2. Posted: 2018-06-13 09:20:00 by Metro Source Media Networks, Inc. (Las Vegas, NV) -- The schedule has been released for the 2018 NBA Summer League in Las Vegas. The Trail Blazers will tip-off summer play against the Utah Jazz on July 7th. Portland advanced to the championship game in last year's summer league tournament before losing to the Los Angeles Lakers. The Blazers own the 24th pick in next week's NBA Draft. Posted: 2018-06-13 08:58:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- The Oregon State Beavers are headed to Omaha to battle North Carolina in the College World Series on Saturday. Oregon State swept Minnesota in the Corvallis Super Regional to advance. The Beavers will face either Mississippi State or Washington in their next matchup. Posted: 2018-06-13 08:53:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers are playing host to the LA Galaxy in the Lamar Hunt U.S. Open Cup Round of 16 on Friday. Portland will return to MLS action on June 24th to visit Atlanta United. The Timbers are sixth in the Western Conference standings at 6-3-and-4. Posted: 2018-06-13 08:52:00 by Metro Source Media Networks, Inc. (Renton, WA) -- Seattle Seahawks cornerback Dontae Johnson is going to miss some time with a broken bone in his foot. Johnson underwent surgery to repair the bone, which he injured over a week ago. Seattle signed the 26-year-old defensive back to a one-year deal after he spent four seasons with the 49ers. Posted: 2018-06-13 08:51:00 by Metro Source Media Networks, Inc. (Renton, WA) -- The Seattle Seahawks are back in action today to continue their mandatory minicamp. They will conclude their three-day schedule tomorrow before shifting their attention to training camp, which will take place in July. The Seahawks will host the Colts on August 9th to kick-off their preseason opener. Posted: 2018-06-13 08:47:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Mitch Haniger and Ryon Healy each homered twice as the Mariners took down the Angels 6-3 at Safeco Field. Mike Leake tossed six innings of one-run ball to grab the win and Edwin Diaz struck out two batters to earn his 25th save of the season. Jean Segura laced an RBI double for the M's, who have won three in-a-row. Posted: 2018-06-13 08:46:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Marco Gonzales will get the nod for the Mariners today as they wrap up their three-game series with the Angels in Seattle. Los Angeles will counter with right-hander Garrett Richards. The M's are first in the AL West Division at 43-and-24. Posted: 2018-06-13 08:45:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Breanna Stewart poured in a season-high 30 points to lead the Storm to a 96-85 win over the Sky at Key Arena. Natasha Howard and Jewell Loyd each chipped in with 15 points, to help Seattle overcome a 14-point deficit. The Storm improved to 7-and-3. The College Baseball World Series is set as 4 more teams played their way in yesterday in elimination games in the Super Regional Playoffs. Joining Oregon State in Omaha this weekend is Texas who faces Arkansas, and top-ranked and #1 seed Florida meeting Texas Tech. Both those games are on Sunday. Meantime, #3 Oregon State kicks off the World Series Saturday at Noon facing 6th ranked North Carolina. The Beavers are 49-and-10, the Heels sport a 43-and-18 mark. A Beaver win puts them in the second round of the double-elimination bracket play with a Monday game at 4 against the winner of Washington and Mississippi State who face off after the Beavs on Saturday at 5pm. All games are televised on ESPN. The Beavers need 3 straight wins beginning Saturday to reach the best of 3 National Championship Series which starts a week from Monday. You can find the bracket and College World Series information online at ‘NCAA dot Com…slash Baseball. Oregon State is making its 7th appearance in Omaha and won the 2006 & 2007 National Titles beating North Carolina who the Beavs meet in the opening game Saturday. The quartet of Oregon Ducks women's basketball players representing the United States at the 3-on-3 World Cup have played their way into another elite eight. 3 months after UO advanced to the Elite-8 in the NCAA tournament, guards Sabrina (eye-en-ess-cue) Ionescu and Erin Boley and forwards Ruthy (he-bird) Hebard and (oh-tee) Oti Gildon are now in position to claim a FIBA world title.. The U.S. team plays Italy in the quarterfinals tomorrow and with a win will face the winner of China and Hungary in the semifinals. Posted: 2018-06-12 08:42:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers will host the LA Galaxy in the Lamar Hunt U.S. Open Cup Round of 16 on Friday. They don't play their next MLS match until June 24th at Atlanta United. (Corvallis, OR) -- Oregon State will play North Carolina Saturday afternoon in the first game of the College World Series in Omaha. The Beavers won the Corvallis Super Regional by sweeping two games from Big Ten champion Minnesota. OSU is 49-10-and-1. The Tar Heels swept Stetson in the Chapel Hill Super Regionals to advance. Posted: 2018-06-12 08:38:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Nelson Cruz blasted two homers and drove in three runs as the Mariners beat the Angels 5-3 in Seattle. Ryon Healy added a two-run blast, while Jean Segura went 3-for-5 to spike his average to .343. Wade LeBlanc allowed two runs in the first, but zilch after that to pick up the victory. Edwin Diaz struck out two in a flawless ninth to log his 24th save. The Mariners are 9-and-2 in the last 11 games. Posted: 2018-06-12 08:36:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Mike Leake will be the Mariners starter tonight against the Angels at Safeco Field in the second game of this series. Leake is 3-and-0 with a 2.79 ERA in six starts since losing on May 4th to the Halos. Jaime Barria will be recalled from Triple-A Salt Lake and start for the Angels. He threw six scoreless innings on June 1st against the Rangers in his last big league start. Posted: 2018-06-12 08:34:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Six-time Pro Bowl safety Earl Thomas announced on his Twitter account he would not participate in the Seahawks mandatory minicamp that begins today. It bears watching whether Frank Clark and Byron Maxwell will show up. Both skipped the voluntary OTA's. Clark is entering the final season of his four-year rookie contract. If Thomas is the only no-show, Seattle will have 89 players reporting. Posted: 2018-06-11 07:25:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers and Sporting Kansas City played to a scoreless draw on Saturday at Providence Park. Portland extended its MLS unbeaten streak to eight games. The Timbers will host the LA Galaxy in the Lamar Hunt U.S. Open Cup Round 16 on Friday. They don't play their next MLS game until June 24th at Atlanta United. (Corvallis, OR) -- Oregon State is going back to the College World Series, which begins this Saturday. The Beavers won their Super Regional by sweeping two games from Big Ten champion Minnesota. Oregon State is 49-10-and-1. The Beavers will play North Carolina in their opening game in Omaha. Posted: 2018-06-11 07:24:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Left-hander Wade LeBlanc will start tonight for the Mariners against the Angels at Safeco Field. LeBlanc is facing the Angels for the first time in his 10-year career. LA will counter with left-hander Andrew Heaney, who threw a one-hit complete-game victory over the Royals in his last start. This is the opener of a seven-game homestand for Seattle. (St. Petersburg, FL) -- James Paxton struck out 10 and walked none to pick up his sixth victory in beating the Rays 5-4 at Tropicana Field. Paxton has won six straight decisions since a March 31st loss. Kyle Seager and Mike Zunino hit two-run homers and Nelson Cruz added a slot shot in the victory. The Mariners are 12-and-4 in their last 16 games. (Eugene, OR) -- Georgia captured the men's NCAA Track and Field championship with 52 points over the weekend in Eugene. USC won the women's title with 53 points, while Georgia was a point back. Oregon finished in a tie for 35th in the men's division with eight points. The Ducks women were seventh with 39 points. Posted: 2018-06-11 07:23:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Six-time Pro Bowl safety Earl Thomas announced on his Twitter account he would not participate in the Seahawks mandatory minicamp this week or any future team activities because of a contract dispute. Thomas is in the final season for a four-year 40 million dollar contract. The maximum fine amounts for missing all three days of the minicamp total more than 84 thousand dollars. Posted: 2018-06-08 08:22:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State will host Big Ten champion Minnesota in a NCAA Super Regional series beginning at 2 p.m. today at Goss Stadium in Corvallis. The winner of the best-of-three will advance to the College World Series in Omaha. The second game will begin at 6:30 p.m. tomorrow. If necessary, the first pitch for the third game will be 6 p.m. Sunday. The Beavers are 47-10-and-1. The Gophers are 44-and-13. The Beavers have never lost a home Super Regional. Posted: 2018-06-08 08:20:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers will welcome MLS Western Conference leader Kansas City Sporting tomorrow to Providence Park. Portland is undefeated in five home games with four wins and a draw. KC has 28 points to top the West. The Timbers are tied for fourth with 21 points. (Undated) -- There were 1,214 players picked over three days and 40 rounds of the MLB draft this week. Oregon State left-hander Luke Heimlich was not one of them, although he throws a 97 mile per hour fastball and compiled a 15-1 record with a 2.41 ERA as a senior. Heimlich pleaded guilty to molesting a six-year relative as a teenager as teams shied away from picking him. Posted: 2018-06-08 08:19:00 by Metro Source Media Networks, Inc. (St. Petersburg, FL) -- Mitch Haniger homered and drove in three runs for the Mariners as they held off the Rays 5-4 at Tropicana Field. Denard Span helped Seattle build an early 4-0 lead with a solo shot in the third inning. Mike Leake tossed eight-plus innings of two-run ball to get the win. The M's have won six of their last seven to improve to 39-and-23. (Eugene, OR) -- Kentucky's Tim Duckworth won the men's decathlon at the NCAA Division One Men's and Women's Track and Field Championships at Hayward Field. Kansas' Sharon Lokedi set a meet record in winning the women's 10,000 meters. The meet resumes today with 14 men's champions to be determined. It will conclude tomorrow. (St. Petersburg, FL) -- Left-hander Marco Gonzalez will start tonight against the Rays at Tropicana Field in the second game of the series. In his past four starts, Gonzalez has allowed one earned run and 16 hits over 26 innings. Tampa Bay will open with Wilmer Font the third straight game they will start a reliever. Posted: 2018-06-07 07:40:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State will host Big Ten champion Minnesota in a NCAA Super Regional series this weekend at Goss Stadium in Corvallis. The winner of the best-of-three will advance to the College World Series in Omaha. The first game will start at 2 p.m. tomorrow. The second game will begin at 6:30 p.m. Saturday. If necessary, the first pitch for the third game will be 6 p.m. Sunday. The Beavers are 47-10-and-1. The Gophers are 44-and-13. The Beavers have never lost a home Super Regional. Posted: 2018-06-07 07:39:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers topped the San Jose Earthquakes 2-0 at Providence Park to advance to the next round in the Lamar Hunt U.S. Open Cup. Dairon Asprilla and Jeremy Ebobisse scored the Portland goals. The Timbers will return to MLS action Saturday, hosting Western Conference leader Sporting KC. (Undated) -- The Cardinals picked Oregon right-handed pitcher Parker Kelly in the 20th round as Major League Baseball concluded its three-day draft. Ducks catcher Ray Soderman went in the 22nd round to the Braves, while the Royals chose Oregon shortstop Kyle Kasser in the 30th round. Posted: 2018-06-07 07:38:00 by Metro Source Media Networks, Inc. (Houston, TX) -- The Mariners' five-game winning streak ended with a 7-5 loss to the Astros in Houston. Juan Nicasio yielded four runs in the seventh without retiring a batter. Nelson Cruz, Kyle Seager and Denard Span homered in the loss. The Mariners hold a game lead over the Astros in the AL West. Mike Leake will be the Seattle starter tonight to open a four-game series against the Rays at Tropicana Field. Leake has not walked a batter in his past four starts. Posted: 2018-06-06 08:49:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State will host Big Ten champion Minnesota in a NCAA Super Regional series this weekend at Goss Stadium in Corvallis. The winner of the best-of-three will advance to the College World Series in Omaha. The Beavers won two lopsided games over LSU to win the Corvallis regional and move on. Posted: 2018-06-06 08:48:00 by Metro Source Media Networks, Inc. (Secaucus, NJ) -- Ducks pitcher Matt Mercer went in the third round to the Diamondbacks with the 159th overall selection in the MLB draft. Four picks later the Indians called the name of Beavers outfielder Steven Kwan. In the sixth round, the Brewers selected Oregon State right-hander Drew Rasmussen. The Pirates selected OSU third baseman Michael Gretler in the 10th round. The draft ends today with rounds 11 through 40. Posted: 2018-06-06 08:47:00 by Metro Source Media Networks, Inc. (Houston, TX) -- Kyle Seager crushed a three-run homer for the Mariners in their 7-1 victory over the Astros in Houston. Mike Zunino and Jean Segura also went deep for the M's, who have won five in-a-row. James Paxton struck out six across seven-and-two-third innings to pick up the win. Seattle improved to 38-and-22, which leads the AL West. (Portland, OR) -- The Timbers will host the San Jose Earthquakes tonight in a Lamar Hunt U.S. Open Cup match at Providence Park. They will return to MLS action on Saturday against Western Conference leader Sporting KC. Posted: 2018-06-06 08:46:00 by Metro Source Media Networks, Inc. (Houston, TX) -- The Mariners are wrapping up their two-game set with the Astros tonight in Houston. Wade Leblanc will get the ball for Seattle, while Lance McCullers Junior starts for Houston. The M's have won five straight and hold a two-game lead over the 'Stros for first place in the AL West Division at 38-and-22. Posted: 2018-06-06 08:45:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks are preparing for minicamp as they begin to wrap up OTA's. Seattle only has one more OTA session remaining after today. Mandatory minicamp will begin on June 12th and end on June 14th. Posted: 2018-06-05 07:42:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State will host Big Ten champion Minnesota in a NCAA Super Regional series this weekend at Goss Stadium in Corvallis. The winner of the best-of-three will advance to the College World Series in Omaha. The Beavers won two lopsided games over LSU to win the Corvallis regional and move on. OSU clobbered the Tigers 14-1 on Saturday and 12-0 yesterday. Posted: 2018-06-05 07:41:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers will host the San Jose Earthquakes Wednesday in a U.S. Open Cup match at Providence Park. They will return to MLS action on Saturday against Western Conference leader Sporting KC. (Secaucus, NJ) -- The White Sox selected Oregon State second baseman Nick Madrigal fourth overall in the MLB draft. He is the high drafted player in OSU history. The Twins picked Beavers outfielder Trevor Larnach also in the opening round with the 20th overall pick. The Orioles choose OSU shortstop Cadyn Grenier with the 37th pick. Posted: 2018-06-05 07:40:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks are back on the practice field for Organized Team Activities after a weekend off. Voluntary OTA's will resume throughout the week with the final session taking place on Thursday. Seattle will kick-off mandatory minicamp on June 12th. (Houston, TX) -- The Mariners are headed to Houston to open a two-game series with the Astros tonight. James Paxton will get the start for Seattle, while Houston counters with Dallas Keuchel. The M's have won four in-a-row and are first in the AL West at 37-and-22. LaPine Hawks are State Baseball Champions! We start with prep Baseball and the La Pine Hawks who hadn’t been to even the state semifinals in 35 years, but Friday afternoon in Keizer managed to put it all together and win the class 3-A State Championship. La Pine held off Horizon Christian, 10-5 to claim the first Title in school history under 4th year head coach Bo DeForest. The Hawks finished the year with a 24-and-4 record and the Blue title trophy. Meantime, Crater won the 5A Title and Westview claimed the 6A trophy. Posted: 2018-06-04 09:09:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Denard Span and Dee Gordon plated runs in the eighth inning to lift the Mariners to a 2-1 win over the Rays and a three-game sweep at Safeco Field. Felix Hernandez struck out seven over eight innings of one-run ball as he improved to 6-and-4. Edwin Diaz pitched a scoreless ninth for his 21st save. The M's wrapped up their homestand 8-and-2. Posted: 2018-06-04 08:49:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- Oregon State will host a NCAA Super Regional series this weekend at Goss Stadium in Corvallis. The Beavers won two lopsided games over LSU to win the Corvallis regional and move on. OSU clobbered the Tigers 14-1 on Saturday and 12-0 yesterday. The Beavers will host Minnesota in the best-of-three Super Regional with a spot in Omaha on the line. Posted: 2018-06-04 08:48:00 by Metro Source Media Networks, Inc. (Secaucus, NJ) -- The 2018 MLB First-Year Draft begins today in Secaucus, New Jersey. The first 43 selections will be announced today to open the three-day affair. Oregon State junior second baseman Nick Madrigal and Beavers junior right fielder Trevor Larnach are expected to be first-round selections. Madrigal is a consensus top 5 pick. OSU shortstop Cadyn Grenier and pitchers Matt Mercer and Drew Rasmussen are also expected to hear their names called in the later rounds. Posted: 2018-06-04 08:47:00 by Metro Source Media Networks, Inc. (Portland, OR) -- Diego Valeri scored on a penalty in the 57th minute to pull the Timbers even and they held on for a 1-1 draw with the L.A. Galaxy on Saturday at Providence Park. The Timbers six game winning streak came to an end. They are in fifth place in the Western Conference with 21 points. They host a U.S. Open Cup game against the San Jose Earthquakes on Wednesday and return to MLS action on Saturday against Sporting KC. Posted: 2018-06-04 08:09:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks are back on the practice field today after a weekend off. Voluntary OTA's will resume throughout the week with the final session taking place on Thursday. Seattle will kick-off mandatory minicamp on June 12th. (Houston, TX) -- The Mariners are headed to Houston to open a brief two-game series with the Astros tomorrow. James Paxton will get the start for Seattle, while Houston counters with Dallas Keuchel. The M's have won four in-a-row and are first in the AL West division at 37-and-22. For the first time ever, LaPine will be playing for the Class 3A State Baseball Championship. LaPine won the Mountain Valley League regular season championship but lost the State seeding game to league rival Pleasant Hill; then a week later knocked the Billies out of the play-offs with a 5-4 Quarterfinal win. It was Pleasant Hill that bumped LaPine out in the Quarterfinals a year ago. The Hawks will face Horizon Christian of Tualitin (20-7) who are coming into this game with a 6-game win streak. Horizon Christian makes its third appearance; having won the Championship in 2011 and finishing runner-up in 2013. LaPine is have a record year at 23-and-4. The game is at Volcano Stadium in Keizer today at 1:30. Posted: 2018-06-01 09:46:00 by Metro Source Media Networks, Inc. (Corvallis, OR) -- The Oregon State baseball team is gearing up to make a deep run in the postseason as it begins NCAA Tournament play today. The Beavers are a number-one seed and will host Northwestern State in the Corvallis regional. Oregon State ended its regular season at 44-10-and-1, while Northwestern State went 37-and-22. Posted: 2018-06-01 09:45:00 by Metro Source Media Networks, Inc. (Portland, OR) -- The Timbers are welcoming the LA Galaxy to Providence Park for a match tomorrow. Portland has won six straight and is fourth in the Western Conference standings with 20 points. The Galaxy is eighth in the West with 16 points. (Oklahoma City, OK) -- The Oregon Ducks erupted for 11 runs to edge Pac-12 rival ASU 11-6 in their Women's College World Series opener in Oklahoma City. Shannon Rhodes hit a three-run homer, Haley Cruse added a two-run shot and Lauren Burke drove in two runs with a triple to lead the Ducks' offense. They will take on number-five Washington today. Posted: 2018-06-01 09:44:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Mariners wrap up their home stand with a three-game series against the Rays at Safeco Field. The first game is tonight. The M's are 5-and-2 so far on the stand. Mike Leake will take the ball in the opener. Seattle is second in the AL West at 34-and-22, one-game behind the first-place Astros. (Seattle, WA) -- Nelson Cruz was 2-for-3 with a homer and three RBI as the Mariners cruised past the Rangers 6-1 in Seattle. Jean Segura also went 2-for-3 with an RBI and three runs scored. Wade LeBlanc tossed five innings of one-run ball to pick up his first win of the season. The Mariners snapped a two-game slide. Posted: 2018-06-01 09:35:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- Breanna Stewart led the way with 21 points as the Storm clobbered the Las Vegas Aces 101-71 in Seattle. The Storm led by 24 after the first quarter and never looked back. Jewell Loyd added 20 points to the winning effort. Seattle improved to 5-and-1 and will visit the Dallas Wings tomorrow. (Salt Lake City, UT) -- The Sounders are looking for revenge as they head to Utah to take on Real [[ ree-AL ]] Salt Lake tomorrow. Seattle has dropped its last two outings and is currently 11th in the Western Conference with eight points. RSL is fifth in the West with 19 points. Posted: 2018-06-01 09:34:00 by Metro Source Media Networks, Inc. (Seattle, WA) -- The Seahawks are back on the practice field today. The Seahawks have five more days remaining of voluntary OTA's. They will also workout Monday-through-Thursday next week. Mandatory minicamp runs June 12th-through-14th.

2019-04-20T04:40:41Z

https://kbnd.com/kbndsports/archives/2018-06/

At about 1618 Eastern Standard Time on 8 July 2015, the pilot/owner of an amateur-built Pitts Model 12, registered VH‑JDZ, took off from Maitland Airport, New South Wales. Witnesses reported hearing a loud engine noise at about 1630 that caught their attention. They then observed the aircraft at the top of what appeared to be a vertical climb. The aircraft slid backwards, tail first, before entering a horizontal spin. Shortly after, the witnesses lost sight of the aircraft below the tree line and some reported hearing a loud bang. The aircraft was located by search aircraft and ground personnel who arrived at the site of the accident at about 1715. The aircraft had collided with terrain in thick bushland, fatally injuring the pilot. The aircraft was destroyed by impact forces and an intense post-impact fire. Radar data and witness reports were consistent with the aircraft being used for aerobatic manoeuvres in the minutes prior to the accident. The ATSB considered the results of the pilot’s post-mortem examination, which indicated the pilot had coronary artery disease that may have resulted in permanent incapacitation. However, while that remained a possibility, there was insufficient evidence to conclude that it influenced the development of the accident. The ATSB found that for reasons that could not be determined, VH‑JDZ entered a vertical manoeuvre from which the pilot did not regain control before colliding with terrain. Additionally the aircraft was being flown at a height which reduced the time available to effect a recovery, if required. The ATSB also identified instances of misinterpretation of a number of the regulations concerning the maintenance of amateur-built experimental aircraft. This has the potential to affect the safety of these aircraft and those on board. Aerobatic flying requires extensive training and ongoing commitment to maintain the skills necessary for safe operations. Unauthorised aerobatic manoeuvres increase the risk to the pilot, any passengers and third parties in the vicinity of the aerobatics. Low-level flying also presents fewer opportunities to recover from a loss of control compared to flight at higher altitudes. It takes time to react and to regain control of an aircraft, and the closer to the ground you are, the less time and distance you have. Flying at low altitudes is not only risky when things are going right; it becomes downright perilous when things are going wrong. More information is available from the ATSB’s avoidable accident web page. Finally, ongoing safety requires aircraft owners and maintainers to operate and maintain the aircraft in accordance with relevant regulations, including those specific to experimental aircraft. Aircraft operation and maintenance outside the regulatory requirements increases safety risk. At about 1618 Eastern Standard Time (EST) on 8 July 2015, the pilot/owner of an amateur-built Pitts Model 12, registered VH-JDZ (JDZ), departed Maitland Airport, New South Wales on a local flight. The aircraft was being operated in the experimental category and the pilot was the only person on board. JDZ was fitted with a transponder however, the aircraft was not detected by secondary radar. The lack of a secondary surveillance radar return was consistent with either the transponder not being activated or, if activated, the equipment not operating correctly (see the section titled Radar and airspace information). However, primary surveillance radar detected an aircraft at about 1622, to the south of Maitland Airport. The location and movements of this aircraft were consistent with the area in which the pilot of JDZ was reported to regularly conduct aerobatics (see the following discussion). The primary radar data indicated that the aircraft initially flew in a south-easterly direction, before heading west toward an area near Lovedale Road and Keinbah Quarry. The aircraft then tracked variously east and west, consistent with the conduct of aerobatic manoeuvres. The aircraft disappeared from radar before reappearing on two occasions during the flight. At about 1630 the aircraft disappeared from radar a third time and was not detected again. that the aircraft completed several rotations during the spin before sight was lost behind trees. Three of the witnesses believed the aircraft had impacted terrain and contacted the police. At about 1650 emergency personnel arrived in the area and commenced a ground search. At the same time, a number of aircraft from Maitland Airport commenced an aerial search. A rescue helicopter was also dispatched. The aircraft was located from the air at about 1712 and ground crews arrived at the site shortly after. The aircraft had collided with terrain in thick bushland in the area in which aircraft regularly conducted aerobatics and close to where the previously-discussed aircraft disappeared from primary surveillance radar. The pilot was fatally injured and there was an intense post‑impact fire. The fire could not be extinguished with the available resources and was monitored until it self‑extinguished (Figure 1). A radio device that, when triggered by the correct radio signal (called interrogation), transmits a pre-coded reply. Air traffic control ground equipment interrogates the aircraft’s transponder, identifies the aircraft by its reply code and displays the aircraft’s position on the controller’s radar screen. The pilot commenced flying in December 2006 and was issued with a Private Pilot (Aeroplane) Licence in January 2008. In addition, the pilot was endorsed for single-engine aeroplanes not exceeding 5,700 kg maximum take‑off weight and category design features including retractable undercarriage and manual propeller pitch control. The pilot had accrued about 750 hours flying experience, mostly in Piper PA32 and Eagle Aircraft 150-type aircraft. The pilot completed an emergency manoeuvre training course in a Pitts S2A in June 2010 and commenced aerobatic training in a similar aircraft in August 2012. In February 2014, the pilot was issued an endorsement to fly ‘tail wheel undercarriage aircraft’ and completed a flight review at the same time. The pilot commenced dual familiarisation flying in VH-JDZ (JDZ) in December 2014. Basic aerobatic training was also conducted in JDZ from March 2015. At the time of the accident the pilot had accrued about 22 hours in JDZ, of which about 7 hours was solo. The pilot’s aerobatic flying experience, under instruction and in a Pitts S2A, a Yakovlev Yak 52 and JDZ, totalled about 21.5 hours. The pilot had not yet achieved the required competency to be authorised for spinning or an aerobatic endorsement. In addition, the pilot was advised by his instructors to not conduct solo aerobatics. The pilot held a current Class 2 Medical Certificate that was issued on 22 January 2015. JDZ was an amateur-built Pitts Model 12 two-seat tandem biplane, serial number 42. It was powered by a Vedeneyev M14P radial engine and had a two-blade composite constant speed propeller. The only special requirements to operate the Pitts Model 12 were an endorsement for tail wheel undercarriage and for manual propeller pitch control. The pilot purchased JDZ from the builder on 11 November 2014 and became the registered operator on 11 December 2014. JDZ was purchased as a kit from the aircraft manufacturer in the United States and assembly commenced in Australia in 1999. The aircraft was issued with a Special Certificate of Airworthiness (SCOA) on 24 October 2006. An annex to the SCOA outlined a number of Phase I operational limitations and specific maintenance requirements. This included the requirement for at least 25 hours of flight testing within a 35 NM (65 km) radius of Wedderburn Airport, New South Wales. Unusually, the SCOA was not limited by an expiry date. An entry in the aircraft logbook on 12 November 2014 stated that the required 25 flight test hours were complete. Manoeuvres recorded as tested included 'loops, rolls, spins, half‑cuban eights, roll off the top of a loop, wingover and snaps [snap rolls]’. The SCOA flight test area was amended on 12 December 2014 to include Maitland Airport. On 12 June 2015, SCOA Phase II replaced Phase I, authorising operation of an amateur-built aircraft in accordance with the Phase II limitations. These limitations restricted the conduct of aerobatic manoeuvres to those that had been flight tested. The aircraft logbook statement required JDZ to be maintained under Civil Aviation Regulation 1988 (CAR) Schedule 5 and in accordance with the additional requirements of the annex to the SCOA. An annual inspection was to be carried out every 100 hours or 12 months, whichever came first. The last annual inspection was completed on 16 March 2015, and the associated maintenance release was valid at the time of the accident. adjustment of the flying wires during the aircraft ‘flight test phase’. CASA authorised the holder of a private pilot licence to conduct certain maintenance as specified in CAR Schedule 8 (Schedule 8). In addition, CASA Instrument 33/13 Authorisation of persons to carry out maintenance on certain amateur‑built, kit-built and light sport aircraft with a special certificate of airworthiness detailed that, in some circumstances, a person who builds or has previously built an amateur‑built aircraft of a similar type, may be authorised to conduct certain maintenance and issue a maintenance release for that aircraft. All maintenance conducted by a pilot under CASA Instrument 33/13 and/or Schedule 8 was required to be certified as per CAR 42ZE. The occurrence pilot was authorised to conduct maintenance on JDZ as specified in Schedule 8. However, the pilot was not authorised to conduct maintenance on JDZ under Instrument 33/13 as they did not build the aircraft. It was reported that the pilot replaced the tail wheel of JDZ due to excessive wear and shimmy. This maintenance action was permitted if carried out in accordance with Schedule 8. In addition, it was reported that adjustment of the aircraft flying wires, which was not included in Schedule 8, was carried out by another pilot during the Phase I flight testing period. Neither the tail wheel replacement nor the flying wire adjustments were certified in the aircraft logbook. This and other ATSB investigations have identified a degree of uncertainty amongst a number of pilots and engineers regarding the certification of maintenance performed on amateur-built experimental aircraft. When asked, CASA advised that, in accordance with CASA Instrument 33/13, a licenced aircraft maintenance engineer (LAME) is authorised to certify for maintenance of certain amateur‑built, kit‑built and light sport aircraft with a SCOA. This authorisation extends to the scope and privileges of the LAME’s licence. Additionally, a LAME may certify for maintenance ‘for and on behalf of’ a maintenance organisation, if the aircraft undergoing maintenance is within the scope of activities for that organisation. CASA also advised that other than a number of specific exemptions, amateur-built aircraft are to be maintained in accordance with the regulations and any additional instructions detailed in a SCOA annex. Ultimately, as per CAR 42CB Experimental aircraft, the certificate of registration holder is responsible for ensuring the aircraft is maintained in accordance with the regulations. In addition, CAR 133 Conditions of flight requires the pilot in command to ensure that all the required maintenance has been completed and is appropriately certified. An initial weight and balance was carried out on JDZ on 19 October 2006. The ATSB estimated the aircraft’s weight and balance for the accident flight based on the available data. This indicated that the aircraft was likely operating within limitations at the time and the ATSB concluded that weight and balance was unlikely to be a factor in the loss of control. Witnesses described the weather at the time they observed JDZ as being calm with a clear sky. Weather observations were recorded by an automatic station at the Maitland Visitor’s Centre. Observations for 1500 on 8 July 2015 recorded a temperature of about 15 °C, relative humidity of 60 per cent and a southerly wind at 6 km/h (about 3 kt). This was consistent with the witness observations. According to the Geoscience Australia website (see www.ga.gov.au/), at about 1630 the sun was at an elevation of 5° above the horizon and an azimuth of 300°. The aircraft that was observed on primary radar, and the ATSB concluded to have been JDZ, was flying in an easterly direction just prior to disappearing from radar at about 1631 (see the section titled Radar and airspace information). The ATSB concluded that it was unlikely sun glare was a factor in the loss of control. A review of the recorded Maitland common traffic advisory frequency broadcast data determined that the pilot transmitted a departure call on that frequency at 1609 local time. No further transmissions from JDZ were recorded. The aircraft logbook indicated that during the assembly, the aircraft was fitted with a Mode C transponder that could be activated by the pilot. There was no subsequent logbook entry in respect of the transponder. Pilots of aircraft fitted with a serviceable Mode 3A or Mode S transponder must activate the transponder at all times during flight, and if the Mode 3A transponder is Mode C capable, that mode must also be operated continuously. In addition to the potential benefits to air traffic control of the activation of an aircraft’s transponder, aircraft traffic collision avoidance systems rely on transponder information for their traffic alerting and collision avoidance functions. These systems have the potential to enhance crews’ self separation, in particular in uncontrolled airspace. the primary radar return for the aircraft was lost a third time at about 1631 and was not detected again. Expert analysis of the aircraft’s radar data as it tracked variously east and west for 4 minutes indicated that the aircraft was manoeuvring consistent with the conduct of aerobatic manoeuvres. primary surveillance radar could detect aircraft in that area down to an altitude of about 200 ft. The ATSB concluded that, based on the analysis of the primary radar data, and its consistency with the witness observations, the unidentified aircraft was highly likely to have been JDZ. The ATSB could not determine whether the lack of a secondary surveillance radar return for JDZ was a result of the transponder not being activated or the equipment not operating correctly. Of note, secondary surveillance radar returns were observed for other aircraft in the area, indicating that terrain shielding was not a factor. The Visual Terminal Chart for the area showed that JDZ was operating in uncontrolled, Class G airspace. This airspace, which extended up to an altitude of 8,500 ft, provided ample altitude in which to conduct aerobatic manoeuvres. Witnesses reported that a loud engine noise caught their attention and caused them to look up to see JDZ near the top of what appeared to be a vertical climb. The aircraft was then observed to slide backwards tail first, before entering a flat spin. The flat spin descent was described as slow. Sight of the aircraft was lost behind trees and, shortly after, an explosion was heard by some witnesses. Table 1 provides a summary of the observations that were unique to each witness. Figure 2 shows the location of each witness with respect to the accident site. Of the witnesses, witness D had flying experience. A 1.75 km south Aircraft ‘swooped side to side’ as it slid backwards, before entering an inverted flat spin. B 2.9 km south Observed in a nose-down attitude before sight was lost. C 1.5 km north-west Heard a loud bang after sight was lost. D 1.75 km north-north-east Reported that the engine sounded normal. The witness did not recall hearing the engine cut out or stall. After sight was lost, the witness heard a loud explosion, followed a few minutes later by a second explosion. The area was reported to be popular with aerobatic pilots. The witnesses advised that they regularly observed various aerobatic manoeuvres by these aircraft. It was reported that the manoeuvres by the pilot of JDZ were, up to the point where sight was lost, consistent with the regularly-observed aerobatic manoeuvres. The height of JDZ at the top of the vertical climb was estimated from the witness observations. While it could be expected that the accuracy of this estimation was affected by the witness’ limited visual references, observations from the three closest witnesses to the accident site suggested that the height of the aircraft at the top of the vertical climb was less than 2,000 ft above ground level. The accident site was about 8 km south-west of Maitland Airport and was located in thick bushland near the Hunter Expressway. Examination of the site and wreckage determined that immediately before colliding with terrain, the aircraft was inverted, slightly nose-down and in an almost vertical descent. An initial fuel-fed post-impact fire was followed by an intense oil-fed fire, which in combination destroyed most of the aircraft. one propeller blade was torn from the hub and was wedged between the engine and the ground. The other blade was undamaged and had stopped in a vertical position. The positions of the propeller blades indicated that the engine rotated no more than a quarter turn following the impact with terrain. The flight control system and cables were examined as far as possible. With the exception of the elevator control tube and hinge bolt, continuity of the flight controls was established on-site. A number of elevator and tail structure components were recovered for subsequent technical examination at the ATSB’s technical facilities in Canberra, Australian Capital Territory. Technical examination of the recovered components determined that the fractures of the control tube and hinge bolt were consistent with overstress. No pre‑existing defects were identified and the failures were likely the result of impact with trees and/or terrain. The webbing of both seat harnesses was almost entirely destroyed in the post-impact fire. Despite this level of damage, various buckles and harness adjust mechanisms were identified. Of these, one five-point harness buckle and one lap-belt harness buckle were found in the secured, or closed position. The other buckles were found unsecured (Figure 3). Refer to the section Test and research for more detail. The post-mortem examination identified that the pilot was fatally injured as a result of multiple injuries, consistent with an aircraft accident, and was deceased at the time of the post‑impact fire. The examination also identified significant coronary artery disease. Toxicology results were negative for alcohol and commonly-tested drugs. CASA records showed that the pilot had been monitored for borderline high blood pressure (hypertension) by the same Designated Aviation Medical Examiner (DAME) since January 2007. In this regard, the pilot had been taking anti-hypertensive medication as prescribed by his general practitioner (GP) since August 2012.This medication was permissible in accordance with the International Civil Aviation Organization Manual of Civil Aviation Medicine and was reportedly effective in maintaining the pilot’s blood pressure within prescribed limits. The DAME and the GP advised that the pilot had not reported any side effects to the medication. It was reported that the pilot also regularly took various herbal tonics that were dispensed by a naturopath. Additionally, the pilot was reported to use over-the-counter herbal supplements for relief from allergies, sinusitis and colds. The pilot did not report the use of these herbal supplements to their GP or DAME. As part of the initial issue and/or renewal of a medical certificate, any prescribed or over‑the‑counter medications taken for greater than 2 weeks (including herbal or alternative therapies) are to be documented. A review of the pilot’s CASA medical file showed that the anti‑hypertensive medication was the only medication noted. The pilot was reported to be active and healthy. The DAME and GP advised they had no indication to suspect the pilot had significant coronary artery disease, as was identified by the post‑mortem examination. It was reported that the pilot had been suffering from a head cold for at least a week prior to the accident. However, the severity of the symptoms could not be determined. In addition, the pilot had been heavily involved in the Hunter Valley Air Show over the period 4–5 July 2015. Reportedly this included preparations over several weeks, activities over the weekend and assisting with the post-event clean-up. The pilot was reported to be well rested and in good spirits in the 2 days prior to the accident. There was insufficient evidence to indicate fatigue was a factor in the loss of control. It was reported that the pilot was affected by nausea during certain flying activities. Low g Load (g) tolerance and associated airsickness resulted in the pilot’s aerobatic training flights being kept brief or cut short on a number of occasions and with a number of instructors. Certain manoeuvres, such as spinning and negative g, reportedly affected the pilot more significantly than others. In addition, on more than one occasion during an aerobatic training flight, the nausea overwhelmed the pilot to the point where the instructor had to take control of the aircraft. Aerobatic manoeuvres involve rapid changes in speed and direction which impose significant accelerative forces on the aircraft and pilot. The physiological effects of these G forces can range from minor discomfort to loss of consciousness. Pilots beginning aerobatics may be adversely affected by airsickness, disorientation and discomfort but continued practice, and the use of appropriate methods of mitigating the physiological effects, will allow most pilots to adapt fairly quickly to standard aerobatic manoeuvres. The CAAP also provided further and more-detailed information on the various g forces and their effects on the body. It described that pilots can build up their tolerance to g forces with practice but need to be aware that established tolerance levels can be significantly reduced by various factors that affect their physical condition. These factors included, but were not limited to, fatigue, illness, medication, low blood pressure and dehydration. In addition, lack of recent aerobatic practice will also reduce a pilot’s g tolerance and pilots returning to aerobatics after some time need to check and then gradually re-establish their tolerance level. Sustained rapid rotation, such is in flick manoeuvres or spins, can also lead to disorientation because visual reference is made difficult due to the rapid rotation and there is no visual correction to the confused signals from the balance mechanism. Recent ear, nose, throat infections may cause injury or pain, as well as disorientation, during aerobatics. The pilot’s last recorded aerobatic training flight was 28 May 2015. Training notes for that flight indicated the pilot was unable to recover from a stable inverted spin. The pilot’s reported disorientation and nausea that day led to the decision to end the flight and return to the airfield. The pilot was not required to and did not notify a SARTIME, or leave a Flight Note with a responsible person. In addition, consistent with there being no need for the carriage in the aircraft of an ELT, the aircraft was not equipped with a permanent emergency locator transmitter (ELT). It was reported the pilot did carry a portable ELT but, only on extended cross‑country flights. The pilot’s decision to not nominate a SARTIME or leave a Flight Note and not carry an ELT increased the risk of a delayed emergency response in the event of an accident or incident. However, in this case the accident was not considered survivable due to the magnitude of the impact forces and intensity of the post-impact fire. The pilot in command must not fly the aircraft over non-built-up or –populous areas at a height lower than 500 ft unless it is within the exemptions detailed in CAR 157 (4) Low flying. Radar data showed JDZ below 200 ft on two occasions during the flight that day. There was no evidence to indicate any requirement, or authorisation for going below 500 ft during the flight. abrupt changes of speed, direction, angle of bank or angle of pitch. A pilot was required to hold the appropriate aeroplane category and a spinning endorsement before an aerobatic endorsement was issued. In addition, the pilot was required to have received training and shown competency in all the course units mentioned in Part 61 Manual of Standards. That training included performance criteria covering loops, rolls, stall turns, recovery from unusual attitudes and spins. The knowledge requirements included, but were not limited to an understanding of the definitions of negative and positive g and the associated effects on the pilot and the aircraft. subsequent endorsements were necessary for aerobatic activities at lower altitudes. in all cases the loop should be entered and exited at the same altitude. The height required to recover from a spin varies with pilot competency and experience. Spin recovery within the number of turns normally required for the aircraft type is essential to achieve basic competency. Early identification of the spin and correct control inputs should result in a prompt recovery. -Do be certain that you have ample altitude for the maneuvers [sic] that you want to perform. -Do be sure that you are familiar enough with the maneuvers [sic], and the airplane, that a bad recovery will produce no worse result than embarrassment. -Know the limitation on your PITTS Model 12 and yourself. It is highly probable that the consequence of an error or failure during low-level aerobatics will be fatal to the participants. CAR 155 (5) Aerobatic manoeuvres required an unoccupied seat harness to be secured by the pilot in command prior to conducting an aerobatic manoeuvre. In addition, CAAP 155‑1 (0) Aerobatics discussed the importance of securing unoccupied seat harnesses to prevent them fouling the controls. The ATSB was advised that this procedure had been demonstrated to the pilot and that the pilot was aware of the associated regulatory requirement. The ATSB determined that the pilot was secured in the rear seat harness and that the unsecured seat buckles were associated with the forward, unoccupied seat (see the previous discussion titled Site and wreckage information). Testing in a Pitts Model 12 aircraft determined that an unsecured forward seat harness had the potential to interfere with the aircraft’s flight controls. Figure 4 shows the orientation of the flight controls with reference to an unsecured forward seat harness. Refer to appendix A Unsecured seat harness for more information. Between 1988 and 2010, amateur-built aircraft on the Australian VH-register had an accident rate three times higher than comparable VH-registered factory-built aircraft conducting similar flight operations. The fatal and serious injury accident rate was more than five-times higher in amateur-built aircraft than in similar factory-built aircraft. Loss of aircraft control led to 25 per cent of all amateur-built accidents, slightly more than for factory-built aircraft accidents. However, the loss of control accident rate was over four times higher. As compared to factory-built aircraft, serious injury was three times more likely after loss of control in amateur-built aircraft accidents. Loss of control accidents were more likely to arise from aircraft handling issues where pilots had comparatively lower levels of experience on the aircraft type. Loss of control was more likely to occur in the initial climb phase of flight. Amateur-built aircraft pilots were significantly more experienced overall than factory-built aircraft accident pilots. However, they were significantly less experienced on the amateur‑aircraft type being flown at the time of the accident when compared to pilots of factory-built aircraft accidents and amateur-built aircraft owners in general. Twenty per cent of amateur-built aircraft accident pilots had less than 10 hours experience on the accident aircraft type. compared with non-fatal accidents, fatal accidents were more likely to be associated with violations of rules and regulations. Violations of rules and regulations remove safety defences and, when coupled with an error, increase the likelihood of an accident. The ATSB has investigated a number of fatal accidents involving the conduct of aerobatics. All are available via the ATSB website at www.atsb.gov.au. On 8 April 1995 the pilot was observed practising aerobatic manoeuvres in a Pitts S-2A, registered VH-IXY. The early afternoon flight was observed from the ground by a number of other pilots, including a highly-experienced pilot and flying instructor. This pilot/instructor was in radio contact with the pilot. The instructor reported a number of unusual manoeuvres by the pilot of VH-IXY and unsuccessful attempts by the instructor to contact the pilot. The aircraft then appeared to stabilise and the pilot responded saying he thought he might have blacked out. The aircraft landed normally and the pilot and instructor discussed g-induced loss of consciousness. During a later aerobatic flight by the pilot of VH-IXY, after a period of standard aerobatic manoeuvres, the instructor on the ground observed the aircraft pitch up before commencing a continuous roll to the left. The instructor made several unsuccessful attempts to contact the pilot by radio. The nose of the aircraft dropped and the aircraft dived almost vertically into the ground. The pilot was fatally injured and the aircraft destroyed. The ATSB also investigated the collision with terrain involving a DHC-1 Chipmunk, registered VH‑UPD, which occurred near Coffs Harbour, New South Wales on 29 June 2014.The passenger and witness reports indicated that, during an attempted aerobatic manoeuvre, the aircraft entered a spin. The pilot had reportedly received some aerobatic training but had yet to receive an endorsement. Video footage taken by witnesses showed the aircraft established in a slow, upright spin. The on‑site evidence was consistent with the spin continuing until the impact with terrain. The ATSB found it was likely the pilot did not possess the necessary skills and judgement to conduct the manoeuvre safely and consistently. On 10 October 2014, the pilot of an amateur-built One Design DR-107 aircraft, registered VH‑EGT, was observed performing a series of low-level aerobatic manoeuvres. Each involved a vertical climb and tumbling manoeuvre followed by a vertical dive and a low altitude recovery. Witnesses reported that, during recovery from the last vertical dive, the aircraft collided with terrain. The aircraft was destroyed by the impact and the pilot was fatally injured. There was insufficient evidence to determine why the recovery was not accomplished above the pilot’s minimum‑authorised aerobatics height. The accident highlighted the risks inherent in performing low-level aerobatics and the ATSB encouraged pilots to always maintain minimum approved heights above the ground when performing aerobatics. A review of the United States National Transportation Safety Board (NTSB) Aviation Accident Database identified two accidents involving Pitts Model 12 aircraft losses of control and one regarding possible pilot impairment that showed similar traits to the ATSB’s investigation of the accident involving JDZ. Below is a brief summary of the NTSB’s investigation reports into these accidents (available at NTSB website). NTSB investigation report MIA00LA149 involved a collision with terrain of a Pitts Model 12 on 9 May 2000, with both occupants fatally injured. It was reported the pilot had been flying in formation, but discontinued the return flight to practice aerobatics. Examination of the wreckage showed extensive damage consistent with the aircraft impacting the hard ground inverted, in about a 20°–25°nose‑low attitude. The NTSB determined the ‘probable cause’ of the accident as ‘the pilot’s loss of control in flight for undetermined reasons’. The pilot’s failure to maintain control of the airplane while performing a low altitude, aerobatic maneuver [sic], which resulted in an uncontrolled descent, and an in-flight collision with terrain. A factor associated with the accident was the initiation of a low altitude aerobatic manoeuvre. NTSB investigation report CEN11LA582 found that ‘the pilot’s impairment during an aerobatic airshow performance for reasons that could not be determined…resulted in an in-flight loss of airplane control’. The report identified the pilot had previously sought treatment for vertigo and nausea suffered while conducting aerobatics. Replacement of the blades was entered in the aircraft logbook, but the entry did not include the associated release and traceability documentation required by CAR Schedule 6. In addition, the registration details and logbook statement had yet to be updated with the new propeller information. A flop tube is a flexible hose with a weighted end. The weight ensures the hose draw point remains submerged in the respective fluid whether the aircraft is in normal or inverted flight. The clockwise horizontal component of the sun’s or moon’s position from true north, measured in degrees. Common Traffic Advisory Frequency is the frequency on which pilots operating at a non-towered aerodrome should make positional radio broadcasts. A package of documents that provides the operational information necessary for the safe and efficient conduct of national (civil) and international air navigation throughout Australia and its Territories. An aircraft collision avoidance system that monitors the airspace around an aircraft for other aircraft equipped with a corresponding active transponder and gives warning of possible collision risks. AIP ENR 1.6 Section 7.1 Operation of SSR Transponders, paragraph 7.1.2. Visual Terminal Charts provide aeronautical and topographical information for operations under the Visual Flight Rules in the vicinity of major aerodromes. They also show controlled airspace. Witness simulations of their observations with an aircraft model were consistent, even when unsure of the correct manoeuvre terminology. The time nominated by a pilot for the initiation of search and rescue action if a report has not been received by the nominated unit. Crash-activated radio beacon that transmits an emergency signal that may include the position of a crashed aircraft. Also able to be manually activated. The purpose of Part 61 Manual of Standards Instrument 2014 is to set out the standards relating to flight crew licensing. AAIB reports can be viewed via https://www.gov.uk/government/organisations/air-accidents-investigation-branch. The private flight in a Pitts Model 12, registered VH-JDZ (JDZ), was conducted in favourable weather conditions but ended in a collision with terrain, fatally injuring the pilot. The witness observations were consistent with the aircraft exiting a vertical manoeuvre in an uncontrolled state, with insufficient height for recovery before impacting terrain. Wreckage and accident site examination indicated that the aircraft collided with terrain inverted, slightly nose-down and with little or no forward speed. Given the extent of the impact damage and intensity and effect of the post-impact fire, there was no evidence that any mechanical failure or aircraft unserviceability contributed to the development of the accident. In addition, the surrounding area contained cleared and open paddocks, which could have been used for a precautionary or emergency landing had that been required. This analysis will consider the circumstances that preceded the loss of control. The pilot was appropriately licenced to fly JDZ solo and had been encouraged to fly the aircraft solo and with an instructor to increase familiarity and gain experience on type. The pilot did not hold the required authorisation to conduct aerobatic manoeuvres or fly at low altitude. The pilot’s instructors advised the pilot to not conduct solo aerobatic manoeuvres. However, radar surveillance data and witness reports were consistent with the pilot conducting aerobatic manoeuvres in the minutes preceding the impact with terrain. This included flight below 200 ft above ground level. The pilot’s decision to conduct the aerobatic manoeuvres solo, and without authorisation, increased the risk of unintended departure from controlled flight. In addition, the pilot’s conduct of those manoeuvres at low altitude reduced the height, and therefore the time available in which to recover control of the aircraft should it depart from controlled flight. The observed vertical manoeuvre, followed by the reported horizontal flat spin is consistent with a loss of control. The reason for the loss of control could not be determined. The forward seat harness buckles were found unsecured during the wreckage examination. The post-impact fire hindered the ATSB’s ability to determine if the harness had been secured in a non-standard manner prior to the flight, increasing the risk that they might unbuckle. In addition, although unlikely, the possibility that if buckled correctly the buckles may have come undone as a consequence of the impact sequence could not be discounted. Despite these possibilities, the ATSB concluded that the as-found insecurity of the front seat harness buckles suggested that they were not secured correctly as part of the standard pre-flight preparation for solo flight. Unsecured harnesses have the potential to interfere with the flight controls, in particular during aerobatic flight. The cockpit layout would have inhibited the pilot’s ability to clear such an interference in flight. Any interference could result in an unintended manoeuvre or inhibit the pilot’s ability to recover from a manoeuvre, whether the manoeuvre was intended or unintended. While flight control fouling remains a possibility, there was insufficient evidence to determine if it was a contributor to the accident. Pilot incapacitation can impair a pilot’s performance to the extent that safe operation of the aircraft is adversely affected. It can be due to the effects of a medical condition or a physiological impairment and represents a potential threat to flight safety. It can have either a long- or short‑term effect on the pilot. The pilot’s post-mortem examination indicated that the pilot had coronary artery disease that could have resulted in a permanent incapacitation event. In addition, reports of other flights indicated the pilot suffered from temporary incapacitation as a result of nausea caused by the onset of g forces. Further, the use of non-prescribed medical or herbal supplements or the effects of a cold or virus can increase the risk of pilot incapacitation. The conduct of aerobatic manoeuvres can exacerbate the effects of a number of these conditions and non‑prescribed ‘treatments’. All of these factors were present during this occurrence and pilot incapacitation could have preceded the loss of control or influenced any recovery. However, while an incapacitating event remained a possibility, there was insufficient evidence to conclude probable contribution to this accident. Many documents highlight the risks involved with various medications and their possible effects on pilot performance and flight safety. The Designated Aviation Medical Examiner reported being unaware of all medications and supplements reported taken by the pilot. Therefore, the medical examiner was unable to determine any possible interactions between the prescribed anti‑hypertensives and/or the non‑prescribed medication and herbal supplements. This removed a potential protection against the risk of pilot incapacitation as a result of those medicines and supplements. The ATSB found that uncertified maintenance was conducted on JDZ by authorised and unauthorised persons. The registered operator is responsible for the airworthiness and maintenance control of the aircraft to ensure its safe operation. Additionally, the pilot in command must not commence a flight unless all required maintenance has been completed and certified. This and other ATSB investigations have reiterated the importance of adhering to the regulations as they apply to aircraft maintenance and operation. However, there is evidence that some in the industry are unsure of, or are misinterpreting a number of the regulations concerning the operation and maintenance of amateur-built experimental aircraft. Authorised aircraft maintenance is mandated to assure a level of safety for aircraft operations. Unauthorised maintenance increases the risk of mechanical failure, in turn reducing the level of safety and increasing the risk of injury or death. From the evidence available, the following findings are made with respect to the collision with terrain involving a Pitts Model 12, registered VH-JDZ, which occurred about 8 km south-west of Maitland Airport, New South Wales on 8 July 2015. These findings should not be read as apportioning blame or liability to any particular organisation or individual. Control of the aircraft was lost during a vertical manoeuvre that was likely entered at an altitude lower than that required and the aircraft was not recovered before impact with terrain. The pilot conducted low-level flight and aerobatic manoeuvres despite not holding the appropriate authorisations, significantly increasing the risk of an accident. The pilot used non-prescribed medication and herbal supplements without informing their doctor and Designated Aviation Medical Examiner, removing a protection against pilot incapacitation. Uncertified and unauthorised maintenance was carried out on VH-JDZ, which increased the risk that a technical issue would affect the safety of the aircraft and those on board. Industry interpretation of the regulations regarding the maintenance of amateur-built experimental aircraft was varied, increasing risk associated with the maintenance of those aircraft. The front seat buckles were found unsecured and, although unable to be determined if they were not secured correctly as part of the standard pre-flight preparation for solo flight, or they may have undone as a consequence of the impact sequence, any insecurity during aerobatic manoeuvres has implications for flight control fouling. A draft of this report was provided to the Civil Aviation Safety Authority, the United States National Transportation Safety Board, the aircraft kit manufacturer, a number of flight instructors, the Department of Defence and Airservices Australia. No submissions were received from those parties. The aircraft was fitted with two seats to accommodate a passenger forward and the pilot aft. Both seats had a five‑point harness and a lap-belt harness. The dual harness arrangement is typical for aerobatic aircraft. The five-point and lap-belt harnesses are secured to separate airframe attachment points. In addition, the buckles of each harness type operate in opposite directions to minimise the risk of accidental release. It was reported that VH-JDZ had the same type of harness in the forward and rear seats. The various secured and unsecured harness buckles located on site were retained for further examination. The lever mechanism of the unsecured forward five-point buckle was observed to be in the closed position; however, it could not be determined if this lever was in the closed position during flight or as a result of the impact with terrain. It was noted, however, that all five buckle components were separate from each other, consistent with the buckle assembly not being secured or closed. Visual examination of the unsecured five-point buckle components did not identify any deformation or damage. In addition, when tested, the buckle mechanism was capable of operation and security. The rear pilot shoulder harness restraint cable that connected it to the airframe structure had fractured in overload. The tubular structure to which the rear pilot crotch strap was secured had fractured at each end of the tube, where it is welded to the airframe structure. In addition, components of the ‘secured’ rear five-point harness buckle showed signs of deformation (Figure A1). Damage to the airframe and the severed harness cable at the rear pilot position was consistent with the pilot being secured in the seat at the point of impact. Therefore, the open buckles of the five point harness and lap belt were associated with the unoccupied, forward passenger seat. Civil Aviation Regulation 155 (5) Aerobatic manoeuvres required an unoccupied seat harness to be secured by the pilot in command prior to conducting an aerobatic manoeuvre. In addition, Civil Aviation Advisory Publication 155‑1 (0) Aerobatics indicates that unoccupied seats should have their harnesses secured to prevent them fouling the controls. In the Pitts Model 12 the harnesses can be secured by connecting the buckles, pulling the adjustment straps tight, wrapping the adjusting lengths round the bundle and tucking in the loose ends. The ATSB was advised that this procedure was demonstrated to the pilot and that the pilot was aware of the need to secure the seat harnesses. The ATSB conducted testing in a Pitts Model 12 aircraft to ascertain if unsecured forward seat harness components had the potential to interfere with the aircraft’s flight controls. The rear pilot’s rudder pedals are positioned on either side of the forward seat base. A loose lap strap and associated buckle, from either the forward seat lap belt or five-point harness, were found to have the potential to interfere with rudder pedal operation. In addition, a buckle component could lodge between the rudder pedal and the diagonal tubular bracing of the airframe (Figure A2). Access to the rudder pedals from the rear seat was limited and it would be very difficult to release a misplaced front seatbelt by hand. Also, due to the design of the rudder control system, rearward movement of one rudder pedal does not naturally impart a forward movement of the opposite pedal. Therefore, the cockpit layout and rudder design may inhibit the pilot’s ability to free an obstructed rudder pedal in flight. It was also noted that it was possible for the forward seat crotch strap and associated buckle to interfere with the forward seat elevator control stick (Figure A3). It would not be possible for a rear‑seat pilot to remove this obstruction by hand during flight operations. Also known as an ‘open loop control’.

2019-04-24T20:12:39Z

http://www.atsb.gov.au/publications/investigation_reports/2015/aair/ao-2015-074/final-report/

The state of Hawaii has some of the most restrictive gun laws in the country. They require permits to purchase firearms, your guns must be registered, and getting a concealed carry permit is damn near impossible. Despite all of this, Hawaii has a thriving "gun tourism" industry. Susannah Breslin, writing in Forbes magazine, tells of her recent trip to the 50th State. To be fair, my husband spotted it. We were walking along Kalakaua Avenue in Honolulu, Hawaii, and there, on the bustling-est street in Waikiki, was a shooting range. “What?” I said, gawking at the Waikiki Gun Club. I’d come to Hawaii for the beach, the food, the weather. Apparently, some people come for the firearms. In fact, as you walk down Kalakaua, you’ll see guys holding signs for shooting ranges and wearing T-shirts with targets on them. It’s their job to bring tourists to the smattering of shooting ranges in the area. One flyer offered “REAL GUNS” and “FACTORY AMMO” at the SWAT Gun Club. Another displayed the different firearms — from a 9-mm Beretta to an AK-47 — you could shoot at the Hawaii Gun Club. It was like Telegraph Avenue in Berkeley, California — except for instead of burning incense and selling hemp necklaces, they were hawking the fruits of the Second Amendment. According to Lynn Selman of the Royal Hawaiian Shooting Club, the bulk of their customers are from overseas. She estimates that about 60% are Japanese, 30% are either Australians or New Zealanders, and the remaining 10% are locals or mainlanders. The club itself is located in the Royal Hawaiian Center along with high-end stores like Cartier, Hermes, and Fendi. Why this many Japanese? It is because gun laws in Japan make owning a gun damn near impossible and because they've seen guns in all the action movies. Having seen them, they want the opportunity to shoot them because they aren't going to get that chance at home. While it is rather sad that these tourist have to come to Hawaii to get a chance to shoot, I'm glad that they are taking advantage of it. The more the Japanese and Australians and New Zealanders see that shooting can be fun, hopefully it will mean they will start pushing a little bit more at home for less restrictive gun laws. At least one can hope that. Read the whole article by Breslin. It is interesting. It also is a warning of what the future might look like if we don't work to preserve our Second Amendment rights now. The Complementary Spouse and I enjoy hitting thrift stores, antique malls, and the like. What we call "junkin'" is a cheap way to spend a Saturday afternoon. Inspired by a post by SayUncle about safety razors and having seen the prices for Gillette Fat Boys and Schick Kronas on EBay, I thought I might find something at one of the local antique malls like the one below. I had no such luck. I did see a handful of straight razors but the thought of trying to correctly use one of those to shave is too scary for me. However, the trip was not made in vain. The first thing that caught my eye was the bright red Prius below. Unlike the usual Prius seen in Asheville with its "Another Mama for Obama" bumpersticker, this one had of all things a NRA sticker on the front door window! An older gentleman (but not the owner of the Prius) sitting near the door of the mall saw me taking the picture and said he was a NRA member. He said he'd joined a couple of years ago and now was being audited by the IRS. While I would hope the story is somewhat apocryphal, one never knows nowadays given the way the IRS under the Obama Administration seems to be targeting groups and people opposed to Obama. The second thing that caught my eye was a nice fountain pen in a variegated green. I knew it was a Sheaffer the moment I saw the white dot on the cap. I ended up getting it for $20. When I got home I did some Internet sleuthing and found out it was a Sheaffer Triumph Lifetime Vacu-fil in marine green striated made between 1942 and 1949. It is in excellent shape but I still need to test to see whether it will hold ink. The band and the clip show some brassing but I can live with that given the great shape the nib is in. It was all in all a fun day. As to that safety razor, I may end up doing what SayUncle did and just buying a new Merkur from Amazon. The prices of those old Gillettes on EBay are a bit much. As the Second Amendment Foundation begins its annual Gun Rights Policy Conference today, one new topic of discussion may well be the suit they filed today on behalf of themselves, Shooters Committee for Political Education (SCOPE), Long Island Firearms, and two individual plaintiffs. The suit challenges that part of the New York SAFE Act which limits the number of rounds that are allowed to be in a lawful magazine to seven rounds unless a person is at a shooting range. With the exception of single stack magazines for the 1911 and a few pocket pistols, most magazines for semi-auto pistols hold more than the seven round limit. Caron et al v. Cuomo et al was filed in US District Court for the Northern District of New York. The complaint notes that magazines containing ten rounds and more are in common usage for lawful purposes and that firearms containing ten round magazines are "therefore not dangerous and unusual weapons" per the Heller decision. The complaint goes on to note that individual self defense is "‘the central component’ of the Second Amendment right” as noted in the McDonald decision which was quoting Heller. The suit seeks a declaratory judgment that the seven round limitation violates the Second Amendment and preliminary and permanent injunctions against enforcement of that part of the NY SAFE Act that limits the number of rounds to seven. The lead attorney in the lawsuit is David Jensen who has brought a number of lawsuits on behalf of the Second Amendment Foundation. A survey of Irish farmers by the Irish Examiner and the Irish Creamery Milk Suppliers Association (ICMSA) said that over 80% believe they should be allowed to own a gun to protect themselves and their property. This is in response to a rise in violent crime in the rural areas of Ireland and fewer Gardai (Irish national police) stationed there. According to another story, there are 220,000 gun licenses in Ireland with the vast majority being issued for shotguns used in hunting. As I understand it, Irish law does not allow the average person to obtain a firearm for personal protection purposes though some are trying to change this. Metro describes itself as a free daily newspaper "written and designed for young and ambitious professionals" which is meant to be read during their morning commute. In other words, yuppies and hipsters living in the big city. Their New York City edition ran a story on Monday about Project Appleseed. It was part of a series for what they called "Gun Week" which seems to be mostly regurgitated press releases from Mayor Bloomberg's Illegal Mayors. In a basement classroom of the Westside Rifle and Pistol range, near the Flatiron Building in New York City, students are being given a lesson in early American History. It has a lot to do with guns. There are 14 students in the classroom, seven woman and seven men. The students have paid less than the price of an average New York dinner to spend three hours together, to learn how to shoot a small caliber rifle and take a rose-tinted walk through the history of the founding of the United States. This is Project Appleseed, created by the Revolutionary War Veterans Association, dedicated to spreading the art of rifle marksmanship and its place in American history. A mission the group describes on their website as a bulwark against “American ignorance and apathy.” It speaks volumes to the nature of the Apple Seed volunteers that the group doesn’t descend into some thin-veiled, if well-armed, Tea Party propaganda machine. In an effort to not frighten the hipsters away, they say Project Appleseed is a "middle ground" in the gun debate. Project Appleseed, and events like it, represents the closest thing to a middle ground in the gun debate that there is in the country right now. It’s a place where the debate can be stripped of some of its caustic rhetoric and returned to something approaching rational conversation as novices learn about the pros and cons of gun ownership. The photos that accompany the article are of another Project Appleseed event run by Nick Cirillo. Given his name, I wonder if he is some relation to the legendary Jim Cirillo. Knife Rights and an assortment of individuals are suing Manhattan District Attorney Cyrus Vance, Jr. and the City of New York over its vague definition of what constitutes gravity and switchblade knives. The case, Knife Rights et al v. Cyrus Vance, Jr., et al, is being tried in US District Court for the Southern District of New York. On Wednesday, US District Court Judge Katherine Forrest, a 2011 appointee of President Obama, dismissed the case stating that the plaintiffs lacked standing because they had not identified what was legal or not legal in their complaint. Excuse me, Judge Forrest, but duh! The whole point of the lawsuit was to force New York to define exactly what knives were legal or not legal under their definition. The District Attorney has already agreed that the same make and model of a knife could be found to be both legal or illegal. If that isn't vague, what is? Another aspect of this case is that Vance was shaking down knife retailers for money with an efficiency that would make Mafia dons envious. He collected over $2 million from retailers trying to avoid prosecution. Knife Rights says they plan to appeal this ruling. Their response to the ruling is below. A U.S. District Court Judge has ruled that persons falsely arrested or threatened with arrest have no standing to sue in Knife Rights' Federal civil rights lawsuit against New York City and District Attorney Cyrus Vance Jr. Although every prior ruling in the case went our way under two previous judges, the case was recently reassigned to Obama appointee Katherine B. Forrest. Litigation always presents the risk that a judge (and especially a judge new to a case) will make an erroneous ruling. On Wednesday the judge ruled that the plaintiffs in our case - who have been falsely arrested or threatened with arrest over common pocket knives - do not have standing to sue, in part because the case documents don't identify specific knives that would be illegal under New York City's interpretation of state law. The trouble is, it's nearly impossible to identify them under New York City's haphazard and inconsistent approach - which is the whole point of the case in the first place! Even the DA has admitted that different specimens of the exact same make and model knife could be simultaneously found to be both legal and illegal! Click to read the judge's ruling. So here we have a situation where we're suing because we can't know with certainty what's legal or banned, yet the judge is saying we don't have standing to sue precisely because we haven't identified what's legal or banned in our court papers. That's simply absurd! But even if the judge were correct - which she is not - she was required by well-established legal principles to allow us a chance to amend our papers to "correct" the supposed "defects." Instead, she simply ignored these principles and declared the case over. A similar situation arose in a recent lawsuit involving a U.S. District Judge in neighboring New Jersey. After straining to find supposed "defects" in the complaint that affected standing, the judge refused to allow the complaint to be amended to correct the "defects." On appeal, the ruling was reversed and the appeals court criticized the judge, saying she had abused her discretion. The same thing could happen here. But whatever happens, this ruling forces Knife Rights to spend more time and money to appeal the judge's decision - all while Rome continues to burn. We still receive calls every week from innocent citizens whose lives have been turned upside down simply because they carried a basic tool, a pocket knife, in New York City. Thousands have been arrested on bogus illegal knife charges. In at least one instance of which we are aware, the result of the bogus arrest was that the victim's entire knife collection was confiscated from his home. Gun owners have had their firearms confiscated based on bogus knife arrests. We cannot let New York City succeed in its attempt to redefine "gravity knife" to include ordinary folding knives. This could become a model for other cities and jurisdictions across America, resulting in knife owners throughout the country being arrested for doing nothing wrong. We cannot let that happen! And, we will not! Knife Rights is carefully planning its response to Judge Forrest's ruling. We will never stop fighting for your rights, and neither should you. Please help us win this critical battle by contributing to Knife Rights Foundation's Legal Fund today as generously as you can. We've led the fight to defend knife rights in the legislative arena and we are pioneering it in the courts. Please help us defend freedom! The North Carolina School Board Action Center is a 501(c)(4) organization funded by individual county school boards. As a 501(c)(4) organization, they are allowed to lobby the General Assembly and take part in political campaigns so long as their "primary activity is the promotion of social welfare" according to the IRS. The NCSBAC is the political action arm of the North Carolina School Boards Association and receives its funding through property taxes allocated to the local school boards. It seems that one of their primary legislative objectives is the repeal of that part of NC GS 14-269.2 which allows limited campus carry for employees who live on campus and allows concealed carry holders to store a firearm in their locked vehicles while on school property. Grass Roots North Carolina is taking issue with tax money being used to lobby against our gun rights. They released an alert yesterday about it and ask that people contact their local county commissions and school boards to make their displeasure known. Since Governor Pat McCrory signed HB 937 into law, the North Carolina School Board Association has been touting its newly formed North Carolina School Board’s Action Center (NCSBAC), a new 501(c)(4) organization designed to “strengthen local school board advocacy efforts”. The group receives its funding from individual county school boards through the collection of property taxes. Among their stated primary objectives is to advocate for the repeal of NCGS 14-269.2, which recently granted law-abiding North Carolinian’s with limited campus carry provisions. That’s right, the NCSBAC is devising a scheme to misappropriate tax dollars collected for education purposes to fund their anti-gun agenda! The brainchild of Charlotte-Mecklenburg School Board Vice-Chairman Tim Morgan and political director Leanne Winner, who has been crisscrossing the state spewing her propaganda during district-wide legislative reviews, has made the organization’s intentions clear: to attack the limited Campus Carry provisions which go into effect on October 1st. Specifically, she has advised local school board members that “NCGS 14.269.2 is a safety concern for public schools”. She repeatedly and mockingly states that the reason for allowing concealed carry permit holders to retain their guns in a locked car was to provide them with the opportunity to "save the day" in the event of a school shooting. But, in her opinion, the real effect of the legislation was to create a situation where adults angry over the outcome of a high school football game could settle their disputes by “shooting it out in the parking lots". Winner goes on to say that NCSBA will use their 501(c)(4) organization to repeal this provision of NC GS 14-269.2. While the continued economic downward turn is forcing teacher layoffs and reduced funding to schools across the state, the notion that what little funds remain be spent on pressing a personal political agenda becomes all the more incredulous. Our tax dollars can be utilized in a multitude of more efficient ways to raise and maintain the educational standards of our children than to have them diverted into such pet projects filled with outright anti-gun propaganda. You CAN make a difference! Using the suggested message and contact information below, contact your local School Board and county commissioners today and demand that they no longer fund the NCBAS until such time as they turn their attention away from personal political projects and return to working to better the educational system in North Carolina in a more meaningful way. CONTACT YOUR LOCAL SCHOOL BOARD: Using the contact information provided below and suggested message, contact your local school board members and demand that tax money not be spent to fund the NCSBAC which will be used to attack NC GS 14-269.2 by advocating its repeal. CONTACT YOUR LOCAL COUNTY COMMISSIONERS: Using the contact information below, contact your county commissioners and demand that tax money not be appropriated to fund the NCSBAC which will be used to attack NC GS 14-269.2 by advocating its repeal. School board email addresses can be found by selecting the “Search Organization” option and typing in your county. Contact your county commissioners by selecting your county here . Suggested Subject: "Education Tax Dollars Should Not Be Misappropriated for Anti-Second Amendment Agenda" It has been brought to my attention that the North Carolina School Board Association has created a 501(c)(4), the North Carolina School Board’s Action Center, with the intent to specifically target positive pro-gun legislation recently signed into law. As a parent/ grandparent/ taxpayer, I am seriously offended that any school board member would condone siphoning money earmarked for education purposes to attack my Second Amendment rights or any other personal political agenda. I hope that you will represent me by advocating for education and demand that no money from our county school board be used to fund the NCSBAC efforts. I will be monitoring this situation via alerts issued by Grass Roots North Carolina and will remember to vote accordingly. It has been brought to my attention that the North Carolina School Board Association has created a 501(c)(4), the North Carolina School Board’s Action Center, to specifically target positive pro-gun legislation recently signed into law. As a taxpayer within your county, I am offended by this scheme and ask you to instruct the school board that none of our tax dollars be used to fund the NCSBAC. I adamantly oppose any misuse of education funds. I hope that you will represent me by advocating for education and demand that no money from our county school board be misappropriated by the NCSBAC. I will be monitoring this situation via alerts issued by Grass Roots North Carolina and will remember to vote accordingly. Grass Roots North Carolina has two big upcoming events - one a "meet and greet" this weekend and the other is "dinner and a movie" in various NC cities on October 1st. The latter is on the day that the new gun laws go into effect which include the ability to carry concealed in restaurants that serve alcohol. To clarify, a person who is legally carrying concealed in North Carolina is forbidden by law to consume alcoholic beverages while carrying. Bunnlevel is in Harnett County about halfway between Raleigh and Fayetteville. If I lived closer, I'd love to attend. Range 37 PSR Gun Club is one of the premier gun clubs in North Carolina and looks like a fantastic facility. 1st Annual GRNC Meet, Greet, Eat & Shoot at 37 PSR in Bunnlevel, NC on Saturday, September 28th from noon until 6pm: The event is $30 per person (free under 16) and will be a great opportunity to come out and spend the day with many of the GRNC volunteers who work hard for our gun rights every day. Dinner is potluck, so bring a dish and utensils. For info: GRNC@nc.rr.com or call 877-282-0939. GRNC Dinner and a Movie: Celebrate restaurant carry when it takes effect on October 1 by joining GRNC in Asheville, Hickory, Charlotte (Matthews), Greensboro, Durham or Fayetteville. Where? Texas Roadhouse restaurants, which have already promised they will not post against concealed carry. For info: DinnerandMovie@GRNC.org or call 877-282-0939. SIGN THE “STOP THE GUN BAN” PETITION: Go to: www.StopTheGunBan.org Whether or not you have already signed it, forward this to others and tell them to sign it too. The Citizens Committee for the Right to Keep and Bear Arms, like the NRA, was dismissive of the signing of the UN's Arms Trade Treaty by Secretary of State John Kerry in New York today. BELLEVUE, WA – Secretary of State John Kerry may have signed the controversial United Nations Arms Trade Treaty today, but tomorrow it begins gathering dust in the U.S. Senate, the Citizens Committee for the Right to Keep and Bear Arms predicted. For the ATT to be ratified requires two-thirds confirmation by the Senate. But Gottlieb noted, as did Sen. Inhofe in his letter to Secretary Kerry, that 53 senators have already indicated they will reject any treaty that threatens the Second Amendment. “If this was all theatrics by the Obama administration,” Gottlieb observed, “the president and Secretary Kerry need better script writers. And we will remind the administration of the warning it received Wednesday morning from Sen. Bob Corker, ranking Republican on the Senate Foreign Relations Committee. The Senate has not given its advice or consent on this treaty, so ‘the Executive branch is not authorized to take any steps to implement the treaty.’ How does that look to the world when an administration can’t get one of its pet projects approved on Capitol Hill? The National Rifle Association has been a staunch opponent of the UN's Arms Trade Treaty from the beginning. They issued the response below to the signing of the treaty on behalf of the United States by Secretary of State John F. Kerry. As Bitter noted in a post on the signing, elections have consequences. Prior administrations not only opposed the talks which led to the Arms Trade Treaty, they actively refused to participate in them. That was then and this is now - unfortunately. Fairfax, Va. – Today, Secretary of State John Kerry signed the United Nations Arms Trade Treaty on behalf of the Obama administration. The National Rifle Association strongly opposes this treaty, which is a clear violation of the Second Amendment to the U.S. Constitution. A bipartisan majority of the U.S. Senate is already on record in opposition to ratification of the ATT. On March 23, the Senate adopted an amendment to its FY 2014 Budget Resolution, offered by Sen. James Inhofe (R-OK), that establishes a deficit-neutral fund for “the purpose of preventing the United States from entering into the United Nations Arms Trade Treaty.” This amendment is in addition to the previous efforts of Sen. Jerry Moran (R-KS) and Rep. Mike Kelly (R-PA) to pass concurrent resolutions opposing the treaty in their respective chambers. Notably, the ATT includes "small arms and light weapons" within its scope, which covers firearms owned by law-abiding citizens. Further, the treaty urges recordkeeping of end users, directing importing countries to provide information to an exporting country regarding arms transfers, including “end use or end user documentation” for a “minimum of ten years.” Each country is to “take measures, pursuant to its national laws, to regulate brokering taking place under its jurisdiction for conventional arms.” Data kept on the end users of imported firearms is a de-facto registry of law-abiding firearms owners, which is a violation of federal law. Even worse, the ATT could be construed to require such a registry to be made available to foreign governments. “These are blatant attacks on the constitutional rights and liberties of every law-abiding American. The NRA will continue to fight this assault on our fundamental freedom,” concluded Cox. Secretary of State John Kerry, the vaguely French looking former Senator from Massachusetts who, by the way, served in Vietnam, will sign the UN's Arms Trade Treaty this morning in New York. The State Department release on Kerry's schedule notes that it will be at 9:45am this morning. The signing will be mostly symbolic as the treaty will require 67 senators to vote for ratification. There are currently 53 senators on record, both Democrats and Republicans, as saying they are opposed to the treaty. Senator Jim Inhofe (R-OK) said in a letter to Kerry that this treaty "will collect dust alongside the Law of the Sea Treaty, the Convention on the Rights of Persons with Disabilities, and the Kyoto Treaty, to name a few, which have all been rejected by the U.S. Senate and the American people." I think Inhofe is correct. However, by signing the Arms Trade Treaty, Kerry now makes it possible for the Senate in the future to consider its ratification. Without the United States signing the treaty, it would never come up for consideration. The full text of the Arms Trade Treaty in various UN approved languages can be found here. Hey, JayG! Did You See This? For those that haven't heard, well-known gun blogger JayG of MArooned is leaving the Volksrepublik of Massachusetts for the Commonwealth of Virginia to take a job there. Jay is leaving one commonwealth where gun rights have long been under attack for one that is currently in the good column. However, if gubernatorial candidate Terry McAuliffe (D) has his way, Virginia will become the next Colorado. And by this, I mean the pre-recall Colorado with magazine bans and universal background checks. McAuliffe wants to one-up Hickenlooper by also implementing a one-gun-a-month purchase restriction. Like Hickenlooper, he appears to be in Bloomberg's pocket. Support common sense gun control measures As Governor, Terry will support mainstream and majority supported gun control measures like universal background checks, limiting the size of magazines, and a return to the 1-gun-per-month rule. These measures respect Virginians’ right to bear arms while reducing gun violence. According to a poll published on Monday in the Washington Post, McAuliffe is leading Attorney General Ken Cuccinelli (R) by 47 to 39 percent among likely voters. Cuccinelli has been a good supporter of gun rights and this has been recognized by the gun prohibitionists. JayG better hurry up down to the Old Dominion as I think his vote may well be needed. As to McAuliffe, I think the Virginia's state motto applies - sic semper tyrannis. Today's Wall Street Journal has a report on the background screening of the Navy Yard shooter. You may remember there have been many reports about his secret security clearance as well as his passing a NICS background check when he purchased his Remington 870 shotgun. There are also quite a number of reports of his run-in's with law enforcement in both Washington State and Texas involving firearms as well as reports on his signs of mental illness. Given all of this, how did he pass his security background checks to join the Navy as well as obtain a secret security clearance as a contractor? That is a question for which military officials are seeking answers. To put it quite simply, he lied. Last week, the Office of Personnel Management, the agency in charge of overseeing most federal background security checks, said USIS had conducted a complete investigation of Mr. Alexis, including information on the 2004 arrest. On Monday, the agency said Mr. Alexis had turned in an incomplete security background form in 2007 that omitted information about the arrest as well as financial problems in his past. After uncovering the problems in the normal course of the examination, investigators asked the Seattle Police Department for information on Mr. Alexis. But the department refused, according to the OPM. The Seattle Police Department didn't immediately respond to requests for comment. In the 2004 report, Mr. Alexis told Seattle police at the time he shot out a construction worker's car tires in an "anger fueled" blackout because he believed the man had been mocking him. But Mr. Alexis told a USIS investigator he had gotten into a parking dispute with construction workers near his Seattle home that escalated to a construction worker putting something into the gas tank of Mr. Alexis's car. Mr. Alexis said he retaliated by "deflating" the man's tires, but never mentioned that he did so by firing three shots into the car, according to a copy of the USIS investigation released by the Navy. This, of course, doesn't let the Navy off the hook for letting the shooter resign from the Navy with an honorable discharge with "a favorable rating". His conduct had caused the Navy to reprimand him several times and they had tried to push him out. I can see letting him resign with an honorable discharge just to get rid of a problem. It is the bureaucratic way to deal with problems and there is less paperwork. However, granting him a "favorable rating" made him eligible to re-enlist in the military and probably facilitated his security clearance. As can be seen on the Navy's NavPers Form 1070/615, an honorable discharge from the Naval Reserve could have been granted without making the seaman eligible for reenlistment. The bottom line is that the clearance system failed in this case. More importantly, the mental health system in this country has changed in the last 30 or so years that probably the one thing that may have prevented the shootings in the first place - early intervention and involuntary commitment - is almost a thing of the past. Despite the speculation by TTAG that Illinois is now a constitutional carry state with the Illinois Supreme Court's decision in Aguilar v People, Thirdpower at Days of our Trailers has a warning about not to tempting fate. Even though TTAG is claiming that IL is a 'Constitutional Carry' State, you can still get your @ss arrested. Given that Thirdpower is a lifelong Illinoisian and is active in Illinois gun politics, I'm going with him on this one. You might beat the charge of unlawful use of a firearm but you'll probably never see your gun again. It's time to help out friends in California. While many might write California off as a lost cause, it isn't so long as you have groups like CalGuns, Cal-FFL, and the Firearms Policy Coalition fighting them. Gov. Jerry Brown (D-CA) might also be known as Gov. Moonbeam but he is a gun owner and signed on to the amicus brief in support of the McDonald case when he was the Attorney General. So help out our friends in California and perhaps win a Benelli M4 while you are at it. Oppose DOJ's new anti-gun regulations NOW! WHEN: BEFORE 5 p.m. on Tuesday, September 24, 2013. WHY: Among other things, DOJ is trying to make "DROS delays" permanent and remove its lawsuit liability through their proposed regulations. HOW: Use FPC's fast, easy, and free TAKE ACTION contact form at https://www.firearmspolicy.org/the-issues/california/2013-2014/proposed-doj-regulation-11-ccr-4210-et-seq. A letter to DOJ addressing these outrageous proposed regulations is already built-in to the FPC TAKE ACTION contact form; however, you may edit the text as you like to reflect your personal concerns. PUBLIC HEARING: DOJ will hold a public hearing to receive public comments on the proposed regulatory action at 1:00 p.m. on September 24, 2013, at the Department of Water Resources Auditorium located at 1416 9th Street, in Sacramento, California. The auditorium is wheelchair accessible. At the hearing, any person may present oral or written comments regarding the proposed regulatory action. DOJ requests, but does not require, that persons making oral comments at the hearing also submit a written copy of their testimony. Please send your letter RIGHT NOW, then SHARE THIS IMPORTANT MESSAGE to all of your pro-gun family and friends. Post on Facebook & Twitter -- help us get the word out! NRA News has added a new face to their stable of commentators. Joining Colion Noir, Dom Raso, and Natalie Foster is Billy Johnson. His goal is to get people to start looking at things and events in a different way. He has a YouTube channel called AmidsTheNoise. In his first video for NRA News, Billy argues that policymakers have a mistaken focus on the tools of violence rather than the logic of violence. An example of this would be gang leaders. They got to be gang leaders by using violence to show that they were the meanest and baddest. Whether they used a Glock, a switchblade, or their fists to kill or maim their rivals is not the issue. The issue is that they were willing to use violence to achieve their aims. Likewise rewarding social outcasts with instant celebrity or infamy after incidents like Aurora or Tucson has the effect of rewarding violence - even in mainstream society. I look forward to more of Billy's commentaries. I have embedded his first one below. What Do McDonalds And Dunkin Donuts Have To Say About Carry In Their Stores? Howard Schultz's letter requesting that customers refrain from carrying their lawfully owned firearms in Starbucks hit a nerve last week. It not only unleashed a tsunami of criticism from gun owners but it caused a number of introspective posts from gun bloggers regarding open carry. The tactics of some open carry activists were especially subject to criticism. All of this controversy led to questions about Starbucks's competitors and their policies. Business Insider, a business website, reached out to both McDonalds and Dunkin Donuts to find out their policies. In essence, they will abide by the local and state laws where their stores are located. “We recognize that there is a lot of emotion and passion surrounding the issue of firearms and open carry weapons laws. While we respect the differing views of all our customers, McDonald’s company-owned restaurants follow local, state and federal laws as it relates to open carry weapons in our restaurants. "Dunkin’ Donuts and Baskin-Robbins restaurants are owned and operated by individual franchisees who are required to follow all federal, state and local laws with regard to firearms." While North Carolina has had open carry since 1921, I would hope that open carry activists would use some discretion. It is one thing to have a revolver or pistol on your hip; it is entirely another thing to carry an AR or shotgun on a sling. Let's face it, when the average gun owner open carries, it is a handgun unless they are out in the woods. In the latest training tips video from the National Shooting Sports Foundation, NSSF's Dave Miles discusses long range shooting with Rod Ryan of Storm Mountain Training. In particular, they discuss trace or the wake of a bullet as it pushes through the air. If you watch the video below carefully, you can see the actual trace or path of the bullet. Having a spotter watch the trace will allow you to make the necessary corrections for long range shooting. In the latest NRA video from Il Ling New of Gunsite, she talks about the importance of creating and maintaining distance. While this series of short videos is aimed at women and is sponsored by NRAWomen.tv, her advice applies for both men and women. Distance from a potential threat is good, more distance is better. I haven't bought my NC Sportsmans License yet this year. Even if I don't get out hunting I do try to buy one to help support the NC Wildlife Resources Commission. In North Carolina, the Sportsmans License cover you for everything from fishing to big game hunting. The only thing it doesn't cover is the Federal Duck Stamp and fishing in coastal waters. The National Shooting Sports Foundation just published a new infographic that presents the economic impact of hunters and hunting. The estimated impact of hunting in America is greater than the revenue generated by Google - $38.3 billion versus $37.9 billion. The CalGuns Foundation has filed a Federal lawsuit against California Attorney General Kamala Harris for her policy of forbidding firearms purchasers to take possession of their lawfully-purchased firearms due to delays in the DROS background check. Current California law requires that a firearms purchaser receive their firearm at the end of a 10-day period unless they determine the purchaser is ineligible to purchase or possess a firearm. One of the plaintiffs in this lawsuit has been waiting 18 months! CalGuns filed a similar lawsuit in state court back in April of this year. Today is the official birthday of the United States Air Force. It marks the day in 1947 that the Army Air Force was made its own branch of the armed services. It is also, fittingly enough, the birthday of the Complementary Spouse whose father, brother, and sister-in-law have all served as US Air Force officers. So happy 66th birthday to the USAF! I'm neither a proponent nor opponent of open carry. I don't tend to do it because I want to keep the bad guys guessing. That said, if you want to open carry that is your option. If you do, I promise I won't be like Robert Gursky of Glastonbury, Connecticut. According to this story in the Hartford Courant, Mr. Gursky was so freaked out by a gentleman legally open carrying at his local bank that he slid the teller a note that said "gun". The teller did what he or she was trained to do - they hit the silent bank robbery alarm. Mr. Gursky was arrested for breach of peace and has to appear in court next week. And the man open carrying? He was interviewed by the cops who determined that he possessed his firearm legally and that was that. There is something to be said for poetic justice. Howard Schultz, CEO of Starbucks, released an open letter yesterday requesting that Starbucks' customers no longer carry when they visit Starbucks. It is a waffling statement meant to appease the gun prohibitionists while at the same time trying not to offend the gun culture too much. As Neville Chamberlain would ruefully attest, appeasement is never a good policy. Mr. Schultz should realize that appeasement is never a good policy when dealing with those who would seek to curtail civil rights. I, for one, will "respect" Mr. Schultz's request - I won't carry, concealed or openly, in his stores. I will even go one step further and no longer patronize his stores or his products. By the way, open carry has been legal in North Carolina without a permit since 1921. That is when the North Carolina Supreme Court ruled it was legal in State v. Kerner saying that the right to keep and bear arms under the North Carolina Constitution was "a sacred right". Fakhoury said it was the first case in Cook County to be dropped after last week's ruling and that there could be more challenges filed. "Basically the federal courts said one thing and the state court said another," Fakhoury said. "But the state court is now following the federal ruling." Mr. Haddad, an IT professional and married father of three, obtained his FOID card and then a .45 caliber handgun after he was attacked while stopped at stop sign. Mr. Haddad also started carrying his pistol despite the general prohibition against carry by Illinois state law. This is what led to his arrest for unlawful use of a weapon. His defense attorney, Matt Fakhoury, discusses the case in the video at this link. "do ordain and establish this Constitution for the United States of America. " On this date, 226 years ago, the members of the Constitutional Convention signed the final draft of the US Constitution. The president of the Convention, George Washington, sent the following letter along with the Constitution to the Confederation Congress for transmittal to the 13 states for their ratification. The facts are just starting to trickle in on the shooting at the Washington Navy Yard. A number of people have been wounded or killed and the police say three men in "green and khaki military style clothing" are the suspected shooters. One of the shooters is dead and the authorities are searching for the other two. The bottom line is that we don't know enough about what is going on to make a reasonable judgment. It could be a terrorist attack or it could be disgruntled former employees. However, this lack of solid information does not stop Washington Post columnist Petula Dvorak from condemning US gun laws and the gun culture. This in a city where the gun laws are so strict that Emily Miller got a number of columns and a whole book out of her journey to gun ownership. Virginia Tech, Fort Hood, Tucson, Aurora, Newtown. And now Washington. At least 12 people were killed in a burst of gunfire at the Navy Yard on Monday morning, including one of the suspected shooters. And the toll could climb higher. Another rampage. This one, for me, very close to home. My kids and I biked to the Navy Yard on Saturday. How can this country tolerate another mass shooting, after we’ve endured so many others? And why have we allowed ourselves to grow accustomed to this awful bloodshed? Because that’s what these slaughters have become: practically routine. “How many this time?” we ask as we watch the number of dead and injured climb on TV or Twitter. We don't have all the details, the cops don't have all the details, and Ms. Dvorak certainly doesn't have all the details. But what are details and facts when you have an agenda to push? Sen. Richard Durbin (D-IL) is the chairman of the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Human Rights. As mentioned before, he plans to hold a hearing on so-called Stand Your Ground laws. He has entitled his hearings, "‘Stand Your Ground’ Laws: Civil Rights and Public Safety Implications of the Expanded Use of Deadly Force". This hearing is scheduled for tomorrow at 10am. The witness list for the hearing has been published. Sybrina Fulton really needs no introduction as she got more than her 15 minutes of fame during the George Zimmerman trial. Lucia McBath was the mother of Jordan Davis who was killed in a confrontation in Jacksonville, FL by Martin Dunn. Mr. Dunn is charged with 1st Degree Murder in the case. Ms. McBath is concerned that Dunn will try to claim self-defense under Florida's "stand your ground" law. Willie Meggs is the State Attorney (or DA) for the 2nd Judicial Circuit which includes the Tallahassee area of Florida. He is a well-known opponent of the Florida "Stand Your Ground" law and has called it "the dumbest law ever put on the books." Ronald Sullivan is a Professor of Law at Harvard Law School. About the only thing I could find about regarding either Trayvon Martin or "Stand Your Ground" laws is that he spoke to a pro-Martin demonstration held by the Black Law Students Association at Harvard. He will also be a speaker on a panel discussing "Guns, Violence, and Children" at the American Association of Law Schools conference in January 2014. John Lott, of course, needs little introduction as he is one of the leading pro-gun researchers. Ilya Shapiro is a Fellow at the libertarian Cato Institute. The Cato Institute has made Durbin's enemies list. In an article posted in August, Shapiro practically demanded Durbin include him in the list of speakers at this hearing. What will make this joke of a hearing even more interesting is that the Ranking Member for the Republican side is Sen. Ted Cruz (R-TX). While Durbin will rail on about the Koch Brothers, ALEC, and conservatives, I expect Cruz will be up to the challenge. The time for the 2013 Gun Rights Policy Conference is fast approaching. It is scheduled for September 27th through 29th in Houston, Texas at the Marriott Hotel near the George Bush Intercontinental Airport. I had hoped to go to this year's GRPC as I have attended the past three. However, personal finances being personal finances, I had to decide between going to GRPC or going to a conference in October that should help me business-wise. If you are in the Houston area or within driving distance, I can recommend it. The speakers are excellent but it is really the people from around the country who are active in the gun rights movement that make the conference. I've made lifelong friends from the people that I've met at the past conferences. If you can't swing a full weekend, go on Saturday as that is the main day. BELLEVUE, WA – U.S. Representative Steve Stockman (R-TX) will be among the speakers later this month at the 2013 Gun Rights Policy Conference at the Marriott Hotel Houston, Tex. Airport hotel, an event that will also feature several national gun rights leaders. Congressman Stockman will speak during the annual luncheon on Sept. 28. Also on the schedule are Emily Miller, senior opinion editor at the Washington Times and author of the just released Emily Gets Her Gun…But Obama Wants to Take Yours; attorney Alan Gura, winner of both the Heller and McDonald Second Amendment cases before the U.S. Supreme Court; John Fund, national affairs columnist at National Review Online and senior editor at The American Spectator, and John Lott, author of the landmark More Guns = Less Crime and a Fox News.com contributor. The conference is jointly sponsored by the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms. This is the 28th annual GRPC. The 2013 GRPC will feature more than 60 speakers on subjects ranging from politics to personal protection. The weekend event typically attracts more than 500 gun owners, activists and experts from across the country. Attendance is free, and on-line registration is available at www.saf.org. WHERE: Marriott Hotel Houston, Tex. Airport, 18700 John F. Kennedy Blvd., Houston, Tex. And remember, the conference is free. All you have to pay is your travel and lodging. If you live in Iowa or will be in the Des Moines area on Tuesday, Second Amendment scholar David Young will be giving a Constitution Day speech on the Second Amendment at Des Moines Area Community College, Ankeny Campus. It is my understanding that there will be two speakers on this date. The first, Prof. Steffen Schmidt, a political science professor at Iowa State University, will speak at 10:30 AM in the auditorium in Building 6. My one hour presentation will be outside the southeast facing main entrance of Building 5 on the DMACC Ankeny Campus at 11:30 AM, September 17, 2013. The presentation will emphasize Second Amendment historical development and why its purpose naturally has such an extensive impact on the current gun control controversy. I have rarely given public presentations on this subject. My plan at Ankeny is to provide considerable time for questions and answers. For anyone interested in an eye-opening presentation on the Second Amendment's purpose based on my most recent research into Founding Era sources, don't miss this. Please let your friends and other interested parties know about the event. More info and a link to a map can be found here. I have both of David's books and had a chance to chat with him at the Gun Rights Policy Conference held in Chicago in 2011. He is a nice guy who knows his topic. If I lived in Iowa, I'd be at that presentation. Il Ling New of Gunsite is doing a series of Tips and Tactics videos for the NRA Women campaign. Her latest is a good reminder for all of us, man or woman, on situational awareness. I especially like her reminder about how one should pay attention if you get that feeling things are not just right. Too often we ignore that at our peril. In the piece below from Ginny Simone of NRA News, you can hear the grassroots activists like Victor Head of Pueblo Freedom and Rights explain what they did on Tuesday. They organized, they worked, and they overcame a tidal wave of outside money to recall two state senators who not only ignored the wishes of their constituents but didn't even want to hear them. If you want to hear more from the organizers of the recall, listen to Shooter Ready Radio this afternoon/evening. I know a number of the organizers will be guests on the program. You can listen live on the radio as well as the internet. Details are here. Second Amendment attorney Dave Kopel has a very interesting analysis on the results of the Colorado recall elections at the Volokh Conspiracy. He, like I, thought Giron might survive and Morse ousted given the nature of their districts. So why did Angela Giron lose in her heavily Democratic, blue collar, union stronghold of a district? According to Dave, it is because she crossed the double-red line of Colorado politics. It wasn't just that she voted against gun rights but that she, as chairperson of the Senate State Affairs Committee, shut out the testimony of many of those who wanted to testify. Colorado has a tradition of letting everyone who wants to speak on a bill the chance to testify, if only for a few moments. The Second Amendment right to keep and bear arms was the secondmost important reason why Morse and Giron were removed from office. The first reason was the Fifth and Fourteenth Amendment principle of Due Process of Law. The opportunity to be heard is the fundamental to Due Process of Law, and not solely in adjudications. When Morse and Giron squelched the testimony of law-abiding citizens and of law-enforcing Sheriffs, they grossly abused their constitutional office of being law-makers. And so, for abuse of office, John Morse and Angela Giron have been recalled from office by the People of Colorado, to be replaced by legislators who will listen before the vote. Read the whole analysis here. It is well worth reading and worth sending to your representatives as a warning of what happens when they won't even take the time to listen. "Thousands Of Grass-Fed, Organic Bombs"

2019-04-22T12:29:29Z

https://onlygunsandmoney.blogspot.com/2013/09/

The following is the text of a speech I gave at the NMRA 2015 Potomac Division 2015 Annual Minicon Meeting. Several people asked that I post the text for their reference. Hope you find it useful. This might seem like a lot of text, but it was just a 15 minute speech. When the Potomac Division asked me to speak at lunch, I said I could do it, but what would they like me to speak about? They said it was up to me. Since I already had a talk planned for that day, I wondered what else I could possibly talk about. Around that time I had been discussing model railroad publishing with a friend. From that evolved the idea of this talk of describing my experience in getting articles and books published. Perhaps it may help you avoid some of the mistakes I made. First thing to remember is that to us this is a hobby; to the publishers it is their job. Most publishers will deal professionally with you and you must do the same. Writing for model railroad magazines is a great way to learn a lot about how publishing works, what it’s like to have your writing edited (check ego at door), and how to improve your writing. Regardless of how many articles I do, I still get a thrill out of seeing my writing published. I think for many of us, seeing your layout on the cover of a magazine is a personal objective. It also can pay pretty well. Most of the big magazines pay about $100 per published page. Others may pay less per page, but they tend to run more pages, so it can end up about the same. Some magazines have a notorious history of not paying their authors, but they tend to go out of business. I know several authors that have been not been paid for their published writing. But so far I have been lucky and have never been cheated. Since I have been writing, the model railroad magazine market has and continues to change. Rail Model Journal, Mainline Modeler and Model Railroading ceased publishing. But there are several others still in business such as Model Railroader, Rail Model Craftsman (under new owners), Narrow Gauge and Short Line Gazette, S Gaugian, Sn3 Modeler, O Gauge Railroading, O Scale Trains, Classic Toy Trains, and ZTrak. N scale modelers currently have two active magazines devoted exclusively to N scale, N Scale and N Scale Railroading. Most of these pay for submissions. There are a lot of other magazines, historical societies, and specialized newsletters that seek material. Most do not pay but they will usually send courtesy copies of the magazine. I have had articles published in the Virginia Train Collectors, and WWI Illustrated that fall into this category. On-line magazines are a relatively new venue. Model Railroad Hobbyist is the leader, but there are several others including O Scale Resources, Trackside Model Railroading, and e-Train. Some pay for submissions, others do not. Most paper magazines also maintain a digital presence. How digital publishing will handle payments to authors, rights to material, and other issues are still being sorted out by the industry. Finally, I should mention there more than a dozen non-US model train magazines. I subscribe to some, but have never written for them. Then there are the model railroad books. As you may know the odds of getting a novel published are vanishingly small. Something like one in a thousand novels that get submitted to agents actually gets published. In the early 1990s my brother and I co-wrote an action thriller novel, Balance of Terror. It got good feedback from readers and the few agents that looked at it, but it generated no interest from publishers. In the end we published it ourselves on Amazon’s Createspace and have sold a few copies. It is still available there if you are curious. It was fun writing it, but it was a LOT of work for almost no monetary reward. Model railroad books are easier to get published compared to novels. But, the sad news is they pay less than the comparable amount of material in magazine articles. They are also a lot more work than similar articles. Although the pay is not as good, there are other rewards. When I do a book I get a sense of accomplishment that is not easily found elsewhere. I do find it fun and interesting to knit together the various elements into a cohesive narrative. I also enjoy doing the research. I learned a lot of about diverse subjects. It also keeps things fresh as it allows me to work on new material. If you want to write a book, you can increase your odds of getting it published by first writing articles. That demonstrates to publishers that you can write, meet a dead line and produce suitable material. Once you have a few articles written, you become a known entity. At that point doing a book can become more feasible. In fact, that is how I got into model railroad book writing. Kalmbach asked me to do the first book. I did not submit a proposal. But they knew of my work from the articles I had written. I enjoy working with Kalmbach Publishing because they are a professional operation with high quality standards. Their books and magazines have great production values. They are professionally edited, and worked over by professional artists and designers. The photos are clear and well printed. The graphics are top notch. They are also nice people. They also take care of the marketing. If you want to make money in publishing, don’t underestimate the importance of marketing. It is big, expensive business. Having self-published a book, I can tell you that the marketing is the most important phase of book selling. You may have the next “War and Peace” manuscript, but if no one knows about it, it will gather dust on your shelf on your hard disk. I am not going to discuss the marketing of the book in detail. If you plan to self-publish a book, prepare to market it. Marketing is tough. Ads are expensive. The Internet can help, but you will end up working hard to get the word out. That is time you can’t spend building models, and writing about them. So I let Kalmbach do it. The trade off is the royalty is a fraction of the book sales, usually around 10 percent of the wholesale price. The lure of self-publishing is that the royalty per book is much higher. However, your sales generally will be less. Most times, your net income is less. The other drawback to self-published books, at least the ones I have seen so far, is that they have lower production values. That means the photos are dull looking, the page layouts are crude, and graphics are rudimentary. Very few of us are all world class modelers, expert photographers, talented writers, capable editors, professional graphic artists, and whizzes at page layout. But self-published books can be very useful for niche topics. For example, a book just about modeling the railroads of the civil war will probably never be published by a major house. I know because I floated that idea and it was rejected by the publishers. But I may still do it as a self-published book. Another good topic for a self-published book would be your model railroad. The late Dan Zugeleter did just that. He wrote a book about his own HO scale C&O layout. He tried to tie in as much prototype information as possible, but in the end it as a paean to his layout. He hired several photographers, including Paul Dolkos and I, out of his own pocket to take the photos. Through pure dint of will he got a publisher to print and sell it, an amazing achievement. Afterwards, the publisher told me he would not do another book like that because it did not sell well. However, a book like that is ideal for self-publishing. Some less generous people call it vanity press. In any case there are no unhappy publishers to deal with. It would be a great record of your work and who knows, it could take off. Just don’t bother with vanity publishers that require large upfront fees. Use Createspace, Lulu or some other on-demand service that only charges per actual printed book. Next I will focus on magazine articles. If you go to the Internet you can find a lot of advice on writing for magazines. But writing of model railroad magazines is a little different than the non-hobby press. Nonetheless there is a lot of overlap in the actual mechanics. The bulk of general magazine writing is done on assignment - this is where the magazine tasks you to do the article. But that is not the case in the model railroad press. While the model RR press does do assignments, and I have been on some of them, most of their articles come from outside contributors. So you want to do an article? The first question to ask is: who is my audience? What publication will use this article? In many ways, writing for the model railroad press is much simpler than sending an article to a general audience magazine, as the subject matter, and the number of magazines is limited. What to write about? We all know the type of articles they are looking for- stories about your layout, how-to describing something you built, layout design ideas, product reviews, and reporting on events that occurred. It helps if your topic is a new or innovative approach that actually works. Next you need photos of that subject, a track plan if it is a layout, and text. In this business, the story is important but good photos are the key. Good photos will sell the story, especially for a layout feature. How to take good model railroad photos is the subject for another long talk and I won’t cover that here. See this link for more info about model railroad photos. If the magazine likes your story, but the photos are inadequate, they will send a photographer to shoot new images. But if they do that, the photographer gets the bulk of the payment and you will get a token amount. I know several layout owners that were disappointed by how little they got paid for an article about their layout where the magazine sent a photographer. If you go that route it is best to discuss with them up front so no one is surprised and or disappointed. With regard to subject material, whatever it is, it has to be well executed. Doesn’t matter if it is a beginner oriented piece or a description of your world class scratch built model. Models should be carefully assembled without obvious flaws like glue globs, fingerprints, wheels off rails, covered in dust, or cat hair. Generally speaking you should weather your models realistically, and paint your track. I had an editor ask me to reshoot a layout because the rail in the track in a few scenes was not painted. Nowadays, I could do that in Photoshop, but this was in the 35mm film era. I did the reshoot and the article was published. One other word about subject matter- most of the magazines are very scientific about the mix of articles they publish. They try to cover the various scales and topics in proportion to their readers’ interests. The majority of modelers do HO, so that gets the most coverage. Most multi scale magazines end up with an oversupply of HO scale material. But they have a dearth of N and other scales. An article depicting a well done N Scale topic is more likely to be published, then an comparable HO article. On several occasions editors have called me looking for N Scale material. If you really want to get a start in model railroad writing, do something well in N scale and write about it. And if the general magazines reject it, there are two N scale magazines that need good material. If you do a layout piece, you will probably need to do a track plan. It must be clearly drawn to scale with minimum radii and turnout size indicated. It can be a rough draft. It is not necessary for you to hire an artist to draw a track plan. The magazines have art staff that will re-execute the drawings to their standards. But if you can draw a plan that is “camera ready,” that helps your odds of getting published. I won’t discuss much the actual writing as frankly, it is not as important in model railroad articles compared to the photos. Their editors will rewrite and polish the text. Nonetheless, make the writing as good as you can make it. The easier you can make the editor’s job, the more likely they will publish it. While grammar and spelling are important, properly organizing your text so that the material flows logically is far more important. Regardless of what your article is about, it should tell a story. That is where the craft of writing comes in. Don’t send in too much material. It is your job as the writer to cull through the reams of information you collected to make an interesting and compelling story. These are not technical journals, nor Pulitzer prize investigative reporting. These articles are a form of entertainment. Be as concise as possible. Make the editor’s job easier and you’ll both benefit. Do not be unwilling to accept editing. There are times when you will be asked to cut your carefully composed text. If they ask you to do it, do it. Otherwise they will, or worse, they won’t publish it. If you have the opportunity, you might want to allow a friend or a fellow writer to read your article and give you feedback. I have a niece with a degree in technical writing and I pay her to review my book manuscripts. It is not necessary, but it makes my submission look better, and she gets to list it on her resume. One you decided what to write about, you now get into the mechanical process of submitting the article. First, check with the magazine to learn of their writer’s guidelines. Almost every magazine has guidelines for their authors. Many are available on line. The guidelines cover text and photos. Guidelines for books may be different than articles. After reading through the guidelines, you should comply with them. Does the publication accept query letters or prefer full manuscripts? What's a query letter? A query is a single-page letter which sells your story idea. You don't write the entire article--only the first paragraph which captures the reader's interest. Then you describe the article and timeline. If you get interest from a query letter, if behooves you to follow through and do the article, at least if you want to establish a good reputation as a writer. I personally have never written a formal query letter for a model railroad article. The first couple articles I did, I just sent the article in with photos, etc. Later, the editors would email or call me with suggestions and ideas. But I have heard of some folks going the query letter route. I have done book proposals and even a project layout proposal. One caution, you should not send the same finished article to several publications at the same time. It might be OK to query different publications at the same time, but never send finished articles on similar material to multiple magazines. You have to submit to one magazine and wait to hear one way or the other. Most will usually let you know right away if they are going to use it or not. Some will pay for the article in advance. Others pay upon publication. In either case, you are locked in, even if they don’t publish for several years. Sometimes they change their minds and will never publish the piece. In that case you have an option of buying back the article and trying to get another magazine to publish. If a magazine is holding on to an article and you want to do another piece with similar material, you should discuss your plans with them. I suspect they would be happy to work something out with you. If you get rejected, don’t feel bad. As it is in dating, rejection is common for writers. You’ll have to be ready to accept it. There are many different reasons for rejection some of which are out of your control as a writer. Sometimes your article was rejected due to bad timing because they already purchased or plan an article on that or a similar topic. In the rejection letter they may tell you why. Sometimes they will reject the article but give suggestions for a new or related idea. The final step is to submit your material to a publication. The publisher’s guidelines will explain what you need to do. Most accept digital files along with a paper copy. Also realize that there is usually a long lag from when you submit to when it gets published. You have to be patient. Finally, be courteous and use common sense. I worked on a bunch of different tasks tonight including a talk scheduled for next Saturday at the the Potomac Division Minicon, shipped some products for Alkem Scale Models, ran the spin caster for an hour making parts, and finally did some work on the superstructure for the ships on the layout. I reworked the bridge valance parts, and added home-made some hand rails to the superstructure. The Anna Marie kit comes with etched handrails, but for this model I opted to make the railings from 0.020 inch phosphor bronze. I elected to do this because the phosphor bronze hand rails can be soldered and are much stronger than the etched parts. I also thought some more about making the Anna Marie longer. The middle photo shows the kit hull with an HO Genset loco and a Ford Explorer. The idea is to make the ships dominate the trains. Thus I plan to lengthen the ship. The ship needs to be bigger to dwarf the trains. With a beam of 7 inches, extending the Anna Maire hull from 39 to 50 inches is very much within the realm of feasible. Seagoing ships have L/B ratios of around 7:1. For example the BBC New York class ships are 130m long and have a 16m Beam. That works out to 58.5 inches long and 7.2 inches in beam in HO scale. That generates a L/B of 8.1. I think the best approach to lengthening the hull is to cut off the parallel mid body and fabricate new parts on the laser. That way I can add the scupper and other holes very precisely and easily. Those parts are essentially flat panels. The bulwarks on the kit require a bit of work in filing and sanding, so getting rid of as much of the kit bulwarks as possible will make for less sanding. I still haven't decided what to do about the second ship planned for the scene. I may use the Anna Marie at the grain elevator and make a larger ship at the Harbor Island wharf, perhaps using the half hull concept. Randy as brakeman is dealing with the link and pin couplers, while engineer Jim seems to be enjoying the show. This evening Jim Dufour and Randy Laframboise visited the layout. They are two New Englanders on a tour of layouts in Northern Virginia and Maryland. Both Jim and Randy have fine HO scale layouts. Jim models the B&M Chersire Branch, Randy models the Rutland. You can find some videos of Jim's layout here. This afternoon they visited Paul Dolkos's Baltimore Harbor. After steak and beers at Hops, they toured the USMRR Aquia Line. They got a chance to run the RR and do some switching. They were also the first outsiders to get a view of the upcoming HO harbor layout. It was a fun visit especially since the Aquia line ran without mishap. After having dinner with my mom, I stopped by Home Depot on the way home to pick up some materials to continue testing benchwork designs. I got a couple sheets of 1 inch foam and some premium pine 1x2s. Various models from my collection used to mock-up the benchwork. I used the 1x2s as stringers supporting the 1 inch styrofoam base. I clamped some scrap 1x2s to the legs of the Ivar shelves. The resulting benchwork was very stiff, especially the long span across the top of the TV where there will be 4 feet without any legs. As I examined the benchwork and its interaction with the TV and shelves, I realized that I could drop it by the thickness of the 1x2 stringers. I was concerned with the benchwork interfering with the TV screen, but when viewing the TV from the chairs, the slight lines are not blocked. In fact, the lower benchwork makes the underside of the layout harder to see. The lower benchwork is desirable as it means I can more easily add a track under the stairs to make a fiddle yard. In looking over the rest of the space, I ruled out the optional location of the staging track along the stairs. That was just not going to work. If I want to use off layout staging, it will have to be in the closet. One objective of this harbor layout is to show how the ships dominate the trains, To that end, I would like to have larger ship models, or at least one large ship on the layout. I revised the drawing slightly to allow for a larger (wider or beamier) ship at the pier. However, some on-line research found some multipurpose cargo ships that are longer than the Anna Marie, but with the same beam. Adding a nine inch extension to the Anna Marie would be easy. That brings Anna Marie up to 106m in prototype length. I also drew a half hull 140m ship to see how it would look. This would be a scratch build model, but being only a half hull, and waterline model would be much easier to make. It might be just as effective as a full hull in this location. It is worth investigating. I plan to do a more detailed mock up of a half hull to see how it looks. Half hulls are very common in ship modeling to show hull features. They usually don't have deck fixtures or rigging detail, but this model in the photo below shows how one such model would look. I moved the books and toys from the old shelves to the new shelves, and then took down the old shelves. Next I installed some grid benchwork sections from McCook's Landing to mock up the new layout. To continue the mockup, I put some kits on the benchwork to better visualize the major elements of the layout plan. The hull is from Dean's Marine Anna Marie kit. The crane is a HO scale die cast model of the Liebherr 500 mobile harbor crane. I also put one of my O scale building mockups on the layout to simulate the transit shed. The foam piece on the right is my Ft Hood diorama, which I will disassemble and recycle to this layout. A couple things pop out from this test mock up. First, my wife was surprised at how well it worked out. She was worried that I was cramming too much stuff down there. Well, yes, I am, but lets move on. Second, the Deans Marine kit, at 39 inches long, looks a bit small in that space. I may have to rethink which and where I put the ships. The ships do not need to be fixed in place, it is is conceivable that I can build different kinds of ships that vary between op sessions. For example, a heavy lift ship for wind mill parts, then a Ro-Ro for vehicles, barges for bulk materials etc. Adding a few inches of depth to the wharf area benchwork will not be a problem. Third, there is space on the far left to add a small peninsula extending along the stairs. If I put the fiddle track there, I can avoid having to cut holes under the stairs into closet. Since this is not intended to be a permanent layout, that might be a better idea. This would also allow a more accurate rendition of the actual track plan as the track can angle out to the fiddle track as in the prototype. Here are some Google and Bing maps views of Beaumont. tanks off the flat cars. I need to verify that. Overview of the area to be modeled. This photo shows the area before the new storage yard was constructed. I have used Ivar shelves from Ikea as model railroad benchwork under the part of Aquia Landing of my O Scale layout that is in my workshop. It is the perfect height for my benchwork. I decided continue to use it for the benchwork under the new modern harbor layout. I want the track level no higher than 51 inches, as this will allow me to run a track under the stair landing to staging, if I decide to do that. It is also the height of Aquia Landing track, leaving me the option to extend Aquia Landing in the future. The trick here is that the new smaller TV is 48 inches high at the top edge. So any layout fascia can be no wider than 3 inches, at least as it crosses the TV area to avoid interfering with the image on the TV. Note this is assuming I continue to use the TV stand seen in the image. I would prefer not replacing that as it in good shape and works well. Instant Ivar benchwork. The picture frames will be removed and the walls painted sky blue. I will probably go with a black fascia for this project. Why use Ivar? I compared the price of the Ivar shelves with home made plywood shelving. The Ivar was much less expensive and easier to build. For use in this part of the room, which houses a TV, stereo and several display shelves, I decided to stain the vertical members black. I will leave the shelves natural wood. The Ivar pieces are somewhat raw when they come from the store and need some finishing for use in a finished room. The new shelves will be expand the amount of shelf storage in the TV room by about 250 percent. This will allow me room to display some of my dioramas and small collection of Porsche race car 1/43rd scale models. I used Miniwax Pre-Stain Wood Conditioner (water based) on the uprights. Then I applied Miniwax Polyshades Black Stain. This later product is not water soluble and needs about 6-8 hours to dry. Once I have the shelves completed, I will add a layer of 1x2 grid benchwork screwed to the Ivar legs. On top of that will be 1 inch of foam and a layer of 1/8 inch plywood under the track. The 1/8th inch plywood is soft and can be spiked. Implications of Keep Alive Circuits on Layout Design-Having Cake and Eating it. I have been a big proponent of simplification in model railroading. My own home layout while a daunting project due to the scratch building involved, is a rather simple track design mostly because I wanted to avoid electrical complexity. Technology is finally coming around to address some of these concerns and it has an effect on layout design. Lets trace the history of frog power and electronics using my layouts as an example. To me the absolute least pleasurable task in model railroading was connecting switch motors to turnouts to actuate the points and electrically power the frogs. Because I use relatively small 4-4-0 engines, powered frogs were a must. Clean track is also required to allow uninterrupted power pickup. At Falmouth, the first section I built on my O scale layout, I used home made mechanical devices to electrically power the frogs. To actuate the turnouts, I made scale sized switch stands. The separation of mechanical actuation and electrical power was a step in the right direction, but still required a lot of uncomfortable under table work. As a bi-focal wearer, this is problematic as the normal angles of view in this work are not where the close vision lenses lines of sight are. Before wiring the next section of the layout I discovered Tam Valley Depot's Frog Juicers. I blogged about them earlier. They are an elegant solution that uses complex circuitry to make a very user friendly and easy to install way to power frogs. They worked perfectly right out of the box and I was able to quickly wire the remaining turnouts on my layout. The prices was also pretty reasonable, about $16-$17 per turnout. While these solved the frog power issue for my O Scale layout, I still had intermittent electrical pick up issues to deal with on the locos. The Stanton Battery Power system came along and addressed that problem. The Stanton system is perfect for a simple layout like mine. The main problem was finding space in my locos to house the decoder, speaker, batter and battery power supply. I had so far successfully converted two of my locos and they have been giving good service now for about three years. At this point, my O scale layout has a mix of DCC power via the rails and battery power, also recharged through the rails. As I finish the layout at Aquia Landing, I plan to continue to follow this approach. I also planned to use that same approach on the HO layout I am building for my next book. To keep the HO project manageable I decided to go with a plan that included 10 turnouts with frog juicers and a fiddle yard to do staging. I mentioned this new layout with Paul Dolkos as I was seeking his advice on what HO scale track he recommended. He suggested Micro-engineering track as it looks the best, and their turnouts have integral point mechanisms. He also shocked me when he said that he does not power his frogs. Now, I have operated his layout many times and it runs nearly flawlessly. I had no idea. All my previous experience in N and O scale indicated that powered frogs were a prerequisite. How can this be? He usually runs single or multiple diesels with all wheel pick up. Since he keeps his rail and wheels clean, the engines can usually bridge the dead frogs. As our discussion continued, Paul brought up the fact that DCC engines now have keep alive circuits that can bridge short sections of dead or dirty track. I had heard about these, but had not previously thought about them much. A light bulb went off. I realized that if a layout can built without worry about powered frog and mechanical switch actuation, my two least favorite activities in model railroading were eliminated. Then it occurred to me that the design of the layout can change too. Without all the electrical constraints, more complex track plans can be more easily attained both in terms of dollar cost and effort. Instead of powering every frog, one just needs to install keep alive circuits in each locomotive. The keep alive circuits cost about as much as a single frog juicer, so there is a trade off one needs to examine. If you have a big collection of engines, but not so much track, it may be less expensive to power the frogs. In the case of my HO project layout, I will have a small number of engines, so adding the keep alive circuits will be less costly. Furthermore, installing the keep alive can be deferred until actual testing shows that it is needed. Remember Paul's layout runs fine without them. Under this new approach, but still with the same philosophy of simplicity, I redesigned the HO layout to have about 20 turnouts. Instead of a fiddle yard, where cars would have to be man handled during an op session, I added a visible staging yard. This opened up increased operational possibilities too. Now the grain elevator could be a working switch job on the layout. Without the need to purchase frog juicers, there was not much cost increase for the expanded plan. Using flex track and Micro-engineering turnouts, while not as simple as a building a Brio layout, will be much faster than hand laying track. This is looking like a win-win (except for Tam Valley, sorry Duncan). Now the next step is to try installing some keep alive circuits on the engines. I would be happy to learn of my reader's experience in this regard. Have you done any of these? How tricky was it? I see that some DCC decoder manufacturers are building keep alive in their decoders. Can anyone share their experience with those? Several of you have noted that I have not made much progress on the Aquia Line lately. Yes, it is true that other projects have bumped it back, but I do intend to finish it. Keep reading to see why. I recently started working on my next book for Kalmbach. That book will include a couple projects including a brand new layout. That layout will be based on a modern harbor, probably based on Beaumont, TX. I selected Beaumont for several reasons, first I wanted a topic that was manageable in that I could build it less than a year. Beaumont is a major port, but it is composed of many discrete elements. Picking a piece to model was not easy, but it was fun. Second, I wanted a port that shipped military vehicles. Beaumont is a major destination for US Army military shipments. This will allow me to use the DODX cars I am developing in an actual layout. Since those are HO cars, it has to be an HO layout. That ties in with my plan to develop more HO kits for Alkem Scale Models, so this layout provides a test bed for developing new products. Finally, I want the layout to provide some interesting operations. Looking at the prototype plan you see some very interesting track work. The track work in between the transit sheds at Harbor Island includes four diamond crossovers. and at least one double slip switch. Last weekend I had a chance to operate on Paul Dolkos's new Baltimore Harbor Layout. I worked the B&O Carroll Street job. That job operates over an area about 1.5 by 12 feet long. There was plenty of thought provoking switching operation in just that area. That reinforced my belief that a small harbor switching layout in a similar footprint could be fun to operate. Here is a draft track plan I envision of the project layout. It uses the recycled benchwork from McCook's Landing, along with a new extension on the left wall. Under this extension will be new bookshelves. The Phase 2 oil terminal will be built later, as it is not needed for the book, but does add an interesting industry to operate. It can also be made removable, even as a FREMO module. I call this layout Chase Marine Terminal 3, since it is freelanced, but it is based on selectively compressed areas the Harbor Island and Carroll Street sections of Beaumont. This will be the third iteration of Chase Marine Terminal. The first two were N Scale. For now, I will not discuss this layout plan much except to ask that any readers that know about this area, please let me know your thoughts or comments. I would like to learn a little more about how the railroads work this area. I will also tap my network for suggestions on DCC, rolling stock etc. This is a first major foray into an HO scale layout and I am very excited about it. But, I am not that familiar with all the HO stuff available. I plan to include discussion of the port layout on this blog, since I did not feel the extra work of a second blog was worth the effort. It will focus on aspects that will not be in the book. Things like DCC installs, loco repaint, etc. So what does this have to do with Aquia Line except provide more distractions? As part of this next book, I also intend to complete the wharf at Aquia Landing as project. So I will be working on that too (among other projects). See - Convergence. I had a chance to fire up the vulcanizer and spin caster this evening to try making some metal parts. A few years ago, Eric Cox, of Panamint Models, made some O scale truck parts for me in Shapeways. Our idea was to try using the 3D printed parts as masters in my vulcanizing mold machine. The first attempt was somewhat successful, but some adjustments were necessary. So Eric redrew the parts and set me a revised set. In the meantime, I figured out that the silicone rubber mold material I had was beyond its shelf life. Thus the rubber would not vulcanize properly. So I ordered a new set of rubber mold blanks. This time I ordered a low temperature silicone rubber that cures at 190F. These are intended for molding 3D printed masters and other low temperature materials. The drawback is that the silicone rubber is not as strong as higher temperature rubber. I put the revised trucks in the mold. I also put some of my 3D printed DODX brake detail parts in the mold. Shapeways has been somewhat unreliable lately. The have been shipping the parts after months delay or outright canceling my orders. So I though it would be prudent to make metal copies of the brake details. The low temp rubber worked well with the 3D parts. The molds looked good. I cut the gates in the parts and started spin casting. As normal, the first couple pours did not work too well. But as the mold warmed up and I added some gates and vents, I got a pretty good yield. After about 25 pours the mold started to deteriorate. The brake details came out very well. The truck parts had a lower yield, but I still got a pretty good set of parts with which to experiment. The rubber mold material in the axle holes and some other spots that had undercuts had problems with tearing after a few pours. I assembled a truck using some of the new castings. The revised design has very close tolerances. That combined with some deteriorated axle holes, meant that I had to do some grinding and filing to get the parts to fit without interfering. The wheel sets seemed to spin smoothly, but in testing on the track I noticed some sparking due to shorts. I added some 0.010 inch styrene shims to insulate the wheels from the side frames and that worked to remove the electrical shorts. The cast metal trucks don't have working brakes. But they do have some nice detail. The cast trucks add weight down low, so they should help the cars track better. Given I have to fiddle with them to get them to work well, there isn't too much labor saving. So the jury is still out on if I want to do the rest of my cars with cast metal trucks.

2019-04-19T00:42:19Z

http://usmrr.blogspot.com/2015/03/

Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement. Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and which came into force from 1 January 2014. Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894. On 31 December 2014, the President of India promulgated an ordinance with an official mandate to “meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country”. An amendment bill was then introduced in Parliament to endorse the Ordinance. Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015, President of India promulgated the amendment ordinance for third time. Union Government of India has also made and notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 under the Act to regulate the procedure. The land acquisition in Jammu and Kashmir is governed by the Jammu and Kashmir Land Acquisition Act, 1934. project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State. for private companies for public purpose. Some of the important issues surrounding the Land Acquisition are discussed below. The major land acquisition and conflicts happen in the densely populated areas of the countryside. The power to take property from the individual is rooted in the idea of eminent domain. The doctrine of eminent domain states, the sovereign can do anything, if the act of sovereign involves public interest. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt. The doctrine is based on the following two Latin maxims, (1) Salus populi suprema lex (Welfare of the People Is the Paramount Law) and (2) Necessitas publica major est quam (Public Necessity Is Greater Than Private Necessity). In the history of modern India, this doctrine was challenged twice (broadly speaking) once when land reform was initiated and another time when Banks were nationalized. The Constitution of India originally provided the right to property (which includes land) under Articles 19 and 31. Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that “no person shall be deprived of his property save by authority of law.” It also indicated that compensation would be paid to a person whose property has been taken for public purposes (often subject to wide range of meaning). The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that “no person shall be deprived of his property save by authority of law” (Constitution 44th Amendment, w.e.f. 10.6.1979). The amendment ensured that the right to property‟ is no more a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under Article 32 of the Constitution. State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment) Act, 1964, the same can be found in the earlier rulings when property right was a fundamental right (such as 1954 AIR 170, 1954 SCR 558, which propounded that the word “Compensation” deployed in Article 31(2) implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must “ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”). Elsewhere, Justice, Reddy, O Chinnappa ruled (State Of Maharashtra v. Chandrabhan Tale on 7 July 1983) that the fundamental right to property has been abolished because of its incompatibility with the goals of “justice” social, economic and political and “equality of status and of opportunity” and with the establishment of “a socialist democratic republic, as contemplated by the Constitution. There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wake the vestiges of the doctrine of Laissez Faire and create, in the name of efficiency, a new oligarchy. Efficiency has many facets and one is yet to discover an infallible test of efficiency to suit the widely differing needs of a developing society such as ours” (1983 AIR 803, 1983 SCR (3) 327). The concept of efficiency has been introduced by Justice Reddy, O Chinnappa, very interestingly coupled with the condition of infallibility (Dey Biswas 2014, 14-15 footnote). In India, with this introduction of ‘social’ elements to the property rights, a new phase had begun. K. K. Mathew, justice of KesavanandaBharati vs State of Kerala (cited in ) stated this precisely: “Property in consumable goods or means of production worked by their owners (use aspects of property) were justified as necessary condition of a free and purposeful life; but when property gave power not only over things but through things over persons (power aspect of property) also, it was not justified as it was an instrument of servitude rather than freedom” (See for more on ‘Social’ Element of Property Rights as a Guiding Problem). The 2013 Act focuses on providing not only compensation to the land owners, but also extend rehabilitation and resettlement benefits to livelihood looser from the land, which shall be in addition to the minimum compensation. The minimum compensation to be paid to the land owners is based on a multiple of market value and other factors laid down in the Act. The Act forbids or regulates land acquisition when such acquisition would include multi-crop irrigated area. The Act changed the norms for acquisition of land for use by private companies or in case of public-private partnerships, including compulsory approval of 80% of the landowners. The Act also introduced changes in the land acquisition process, including a compulsory social-impact study, which need to be conducted before an acquisition is made. The new law, also has some serious shortcomings as regards its provisions for socioeconomic impact assessment and it has also bypassed the constitutional local self governments by not recognizing them as “appropriate governments” in matters of land acquisition. According to The Financial Times, in 2008, the farmland prices in France were Euro 6,000 per hectare ($2,430 per acre; IN Rs. 1,09,350 per acre). According to the United States Department of Agriculture, as of January 2010, the average farmland value in the United States was $2,140 per acre (IN Rs. 96,300 per acre). The farmland prices in the United States varied between different parts of the country, ranging between $480 per acre to $4,690 per acre. A 2010 report by the Government of India, on labor whose livelihood depends on agricultural land, claims that, per 2009 data collected across all states in India, the all-India annual average daily wage rates in agricultural occupations ranged between IN Rs. 53 to 117 per day for men working in farms (US$354 to 780 per year), and between IN Rs. 41 to 72 per day for women working in farms (US$274 to 480 per year). This wage rate in rural India study included the following agricultural operations common in India: ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking, herdsmen, tractor driver, unskilled help, masonry, etc. The compensation for the acquired land is based on the value of the agricultural land, however price increases have been ignored. The land value would increase many times, which the current buyer would not benefit from. Secondly, if the prices are left for the market to determine, the small peasants could never influence the big corporate tycoons. Also it is mostly judiciary who has awarded higher compensation then bureaucracy (Singh 2007). Delayed projects due to mass unrest have caused a damaging effect to the growth and development of companies and the economy as a whole. Earlier states like Maharashtra, Tamil Nadu, Karnataka, and Andhra Pradesh had been an attractive place for investors, but the present day revolts have shown that land acquisition in some states pose problems. The consequences of land acquisition in India are manifold.The empirical and theoretical studies on displacement through the acquisition of land by the government for development projects have so far focussed on the direct and immediate adverse consequences of land acquisition. Most of the analytical as well as the descriptive accounts of the immediate consequences of land acquisition for development projects draws heavily from Michael Cernea’s ‘impoverishment risk model’, which broadly enumerated eight ‘risks’ or ‘dimensions’ of development-induced displacement. These eight risks are very much direct and basic in nature which are (i) landlessness, (ii) joblessness, (iii) marginalization, (iv) loss of access to common property resources, (v) increased morbidity and mortality, (vi) food insecurity, (vii) homelessness and (viii) social disarticulation (). Recently L.K. Mahapatra has added ‘loss of education’ as another impoverishment risk in situations of displacement (Mahapatra 1999). But apart from these direct and immediate effects of land acquisition there are more subtle and indirect effects of this coercive and centralized legal procedure, which have a bearing on various decentralised and participatory democratic processes, and institutions of the state power. Land reforms and the Panchayati raj institutions are the two most important areas, which are being vitiated by land acquisition. Of all the states of India, the consequences and controversies around land acquisition in West Bengal has recently gained a lot of national and international attention. The peasant resistances against governmental land expropriation in Singur(a place in the Hoogly district) and Nandigram(a place in the East Medinipur district) has finally led to the fall of the communist party(Marxist) led government in West Bengal, which ruled the state through democratic election for 34 years.The communist led left front government of West Bengal under the economic liberalisation policy adopted by the Central/Union government of the country shifted from its pro-farmer policy and took to the capitalist path of industrial development, which at the micro-levels endangered the food security of the small and marginal farmers as well as sharecroppers who formed the vote bank of the left front government of West Bengal The new anti-communist Trinamul Congress led government of West Bengal which came to power in the state in 2011 through a massive electoral victory is yet to develop any comprehensive resettlement and rehabilitation policy for the thousands of families affected by various development projects. The new government has enacted a law on 14 June 2011, in the West Bengal Assembly named ‘Singur Land Rehabilitation and Development Act, 2011’. With this law, the West Bengal government has reacquired about 1000 acres of farmland from the Tatas which wasgiven to the company for building a small-car manufacturing factory in 2006 by the then Left Front government. The Trinamul government’s intention was to return 400 acres of farmland to the ‘unwilling’ farmers around whom the agitation against the Left Front government was organised by the Trinamul Congress party. However, now the whole issue seems to have fallen into a long legal battle between the present state government and the Tatas, as the latter has challenged the ‘Singur Land Rehabilitation and Development Act’ in the court. As a result, the Trinamul government has not yet been able to return the land to those ‘unwilling farmers’ nor have they received any compensation (The Statesman, 12 January, 2012).In another case of governmental land acquisition for housing at North 24 Parganas district of West Bengal, the farmers began to cultivate their farmland which were acquired but remained unutilised. According to media report these farmers were assured by the Trinamul Congress party leaders before the election that their land, which is about 1687 acres would be returned to them if the party could come to power. However, now these farmers are turning their backs to the Trinamul Congress, since the party has not kept its pre-election promise (The Statesman, 11 February, 2012). Under the above disturbing episodes, it may be worthwhile to narrate the glaring incident of the opposition levelled by Mamata Banerjee, the present chief minister of West Bengal to the draft Land Acquisition (Amendment) Bill 2007 in the Lok Sabha. At that time Miss Mamata Banerjee was the Railway Minister of the Central Government. She opposed to a clause of the bill which empowered private companies to acquire up to 70 per cent land directly from farmers and landowners. The remaining 30 per cent could be acquired by the state government. Miss Banerjee wanted private companies to buy 100 per cent of the land, according to a report (The Statesman, 26 July 2009). It seemed that Miss Banerjee would have allowed the amended Bill to be passed if the Lok Sabha agreed to modify the 70/30 proportion to 100 per cent purchase by the companies under the principleof willing-buyer-willing-seller. Eminent domain doctrine has been widely used in India since the era of Independence, with over 21.6 million people in the period of 1951-90. They have been displaced with large-scale projects like dams, canals, thermal plants, sanctuaries, industrial facilities, and mining (Pellissery and Dey Biswas 2012, pp 32–54). These occurrences are generally categorized as “development-induced displacement“. The process of land acquisition in India has proven unpopular with the citizenry. The amount reimbursed is fairly low with regard to the current index of prices prevailing in the economy. Furthermore, due to the low level of human capital of the displaced people, they often fail to find adequate employment (). The draft of the government’s National Policy for Rehabilitation states that a figure around 75% of the displaced people since 1951 are still awaiting rehabilitation. However, it should be noted that displacement is only being considered with regard to “Direct Displacement”. These rehabilitation policies do not cover fishermen, landless laborers, and artisans. Roughly one in ten Indian tribals is a displaced person. Dam projects have displaced close to a million Adivasis, with similar woe for displaced Dalits. Some estimate suggests 40 percent of displaced people are of tribal origins (Fernandes, 2008). There have been a rising number of political and social protests against the acquisition of land by various industrialists. They have ranged from Bengal, Karnataka, and Uttar Pradesh in the recent past. The acquisition of 997 acres of land by Tata motors in Bengal in order to set up a factory for the cheapest car in India was protested (Singur Tata Nano controversy).At least a decade before the Singur episode similar events occurred in West Bengal, although the opposition parties and other civil society organisations remained silent at that time. Similarly, the Sardar Sarovar Dam project on the river Narmada was planned on acquired land, though the project was later canceled by the World Bank (Bøås and McNeill 2003, pp 121-122, 125, 142-43 and more). The Land Acquisition Act of 1894 allowed the government to acquire private lands. It is the only legislation pertaining to land acquisition which, though amended several times, has failed to serve its purpose. Under the 1894 Act, displaced people were only liable for monetary compensation linked with market value of the land in question, which was still quite minimal considering circle rates are often misleading (Singh 2007). Land acquisition related conflicts during the post-reform period in India has shown three distinctive tendencies; (1) Technocracy and Bundle of Rights, (2) Power-land Regulation Nexus, and (3) Disappearing Commons. The current Narendra Modi lead National Democratic Alliance (India) government driven Land Acquisition Amendment Bill in the Lok Sabha on 10 March 2015 has seen a tough resistance from key position parties in India who have called the proposed amendments “anti farmer” and “anti poor”. The proposed amendments remove requirements for approval from farmers to proceed with land acquisition under five broad categories of projects. While the bill was passed in Lok Sabha, it still needs approval from the Rajya Sabha, where the current government does not have a majority, for the proposed amendments to become effective. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 defines ‘consent’ clause as “land can only be acquired with approval of the 70% of the land owners for PPP projects and 80% for the private entities. But the proposed amendments by the Narendra Modi government does away with consent clause for Industrial corridors, Public Private Partnership projects, Rural Infrastructure, Affordable housing and defense projects. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 says the land unutilized for 5 years should be returned to the owner, but the amendment proposed by NDA government intends to change to 5 years or any period specified at the time of setting up the project. While the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 allows private companies to acquire land but the proposed amendment allows any private entity to acquire land. According to the new amendment if any government official conducts any wrongdoing he or she cannot be prosecuted without prior sanction from the government. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandated the social assessment before land acquisition but the NDA government’s proposed bill does away with this requirement. The National Democratic Alliance (India) government came under heavy attacks from opposition parties and farmer organization for the proposed Land Acquisition bill amendments. The opponents of the Land acquisition bill claim the bill to be “anti-farmer” and “pro corporate”. They claim that the amendments are aimed at “benefiting the large corporate houses”. The opposition Indian National Congress has opposed the bill in and out of Parliament. Sonia Gandhi, the chairperson of UPA and Indian National Congress, called the bill “anti-poor” and “anti-farmer”. She alleged that the bill will “break the backbone of India”. One of the alternative proposals to land acquisition is leasing the land from landowners for a certain lease period. Proponents cite how land acquisition policies by Governments unwittingly encourage rampant land speculation making the projects expensive since huge portion of investment would be need to be allocated for land acquisition costs. According to them, policies of land acquisition gave way to political cronyism where land is acquired cheaply by securing favors from local governments and sold to industries at steep markup prices. Leasing land, may also support sustainable project development since the lands need to be returned to the landowners at the end of the lease period in a condition similar to its original form with out considerable environmental degradation. When the land is leased then anybody who has to otherwise give up land or livelihood will be compensated for its growing valuation over time. In this model, the landowner lends her land to the government for a steadily-increasing rent, or through an annuity-based system as currently practiced in Haryana and Uttar Pradesh. Some industries already follow the model of leasing lands instead of acquiring it. Energy development projects such as oil & gas extraction usually lease lands. Renewable energy projects such as Wind Power farms and Bio-fuel projects often lease the land from land owners instead of trying to acquire the land which could make the projects prohibitively expensive. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and provides lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. The Act establishes regulations for land acquisition as a part of India’s massive industrialisation drive driven by public-private partnership. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. The bill then received the assent of the President of India, Pranab Mukherjee on 27 September 2013. The Act came into force from 1 January 2014. An amendment bill was then introduced in Parliament to endorse the Ordinance. Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015, President of India promulgated the amendment ordinance for third time. The Government of India believed there was a heightened public concern on land acquisition issues in India. Of particular concern was that despite many amendments, over the years, to India’s Land Acquisition Act of 1894, there was an absence of a cohesive national law that addressed fair compensation when private land is acquired for public use, and fair rehabilitation of land owners and those directly affected from loss of livelihoods. The Government of India believed that a combined law was necessary, one that legally requires rehabilitation and resettlement necessarily and simultaneously follow government acquisition of land for public purposes. The right not to be deprived of one’s property save by authority of law has since been no longer a fundamental right. “No person shall be deprived of his property saved by authority of law” (Constitution 44th Amendment, w.e.f. 10.6.1979). The amendment ensured that the right to property‟ is no more a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under Article 32 of the Constitution. . Moreover, no one can challenge the reasonableness of the restriction imposed by any law the legislature made to deprive the person of his property. State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment Act, 1964), the same can be found in the earlier rulings when property right was a fundamental right (such as 1954 AIR 170, 1954 SCR 558, which propounded that the word “Compensation” deployed in Article 31(2) implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must “ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”). Elsewhere, Justice, Reddy, O Chinnappa ruled (State Of Maharashtra v. Chandrabhan Tale on 7 July, 1983) that the fundamental right to property has been abolished because of its incompatibility with the goals of “justice” social, economic and political and “equality of status and of opportunity” and with the establishment of “a socialist democratic republic, as contemplated by the Constitution. There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wake the vestiges of the doctrine of Laissez Faire and create, in the name of efficiency, a new oligarchy. Efficiency has many facets and one is yet to discover an infallible test of efficiency to suit the widely differing needs of a developing society such as ours” (1983 AIR 803, 1983 SCR (3) 327) (Dey Biswas 2014, 14-15 footnote). The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha. Two Bills on similar lines were introduced in Lok Sabha in 2007. These Bills lapsed with the dissolution of the 14th Lok Sabha. The First Amendment to the above bill was introduced and passed in the lower house of the Indian legislature on 11 March 2015 among strong protest from allies as well as opposition. It is expected to face opposition in the Rajya Sabha as well after being dubbed as an “anti-farmer” bill. Ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto. The Act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in India. The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir. Government acquires land for its own use, hold and control, including land for Public sector undertakings. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects. Government acquires land for immediate and declared use by private companies for public purpose. The provisions of the Act does not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc. When government declares public purpose and shall control the land directly, consent of the land owner shall not be required. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process before government uses its power under the Act to acquire the remaining land for public good, and in case of a public-private project at least 70% of the affected families should consent to the acquisition process. The Act includes an urgency clause for expedited land acquisition. The urgency clause may only be invoked for national defense, security and in the event of rehabilitation of affected people from natural disasters or emergencies. The Act forbids land acquisition when such acquisition would include multi-crop irrigated area. However such acquisition may be permitted on demonstrable last resort, which will be subjected to an aggregated upper limit for all the projects in a District or State as notified by the State Government. In addition to the above condition, wherever multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes. In other type of agricultural land, the total acquisition shall not exceed the limit for all the projects in a District or State as notified by the Appropriate Authority. These limits shall not apply to linear projects which includes projects for railways, highways, major district roads, power lines, and irrigation canals. Section 27 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. the consented amount in case the land is acquired for private companies or public-private partnership projects. The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets. In addition to above compensation, the Act proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer. Schedule III of LARR 2011 proposes additional amenities over and beyond those outlined above. Schedule III proposes that the land acquirer shall provide 25 additional services to families affected by the land acquisition. Some examples of the 25 additional services include schools, health centres, roads, safe drinking water, child support services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities. LARR Bill 2011 proposes that Schedule II through VI shall apply even when private companies willingly buy land from willing sellers, without any involvement of the government. The average effective cost of land, in the above example will be at least Rs.41,00,000 (US$ 91,400) per acre plus replacement homes and additional services per Schedule III to VI of the proposed bill. Even if the pre-acquisition average market price for land were just Rs.22,500 per acre (US$ 500 per acre) in the above example, the proposed R&R, other entitlements and Schedule III to VI would raise the effective cost of land to at least Rs.33,03,000 (US$ 73,400) per acre. The LARR Bill of 2011 proposes the above benchmarks as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by LARR 2011. According to The Financial Times, in 2008, the farmland prices in France were Euro 6,000 per hectare ($2,430 per acre; Rs.1,09,350 per acre). According to the United States Department of Agriculture, as of January 2010, the average farmland value in the United States was $2,140 per acre (Rs.96,300 per acre). The farmland prices in the United States varied between different parts of the country, ranging between $480 per acre to $4,690 per acre. A 2010 report by the Government of India, on labour whose livelihood depends on agricultural land, claims that, per 2009 data collected across all states in India, the all-India annual average daily wage rates in agricultural occupations ranged between Rs.53 to 117 per day for men working in farms (US$ 354 to 780 per year), and between Rs.41 to 72 per day for women working in farms (US$ 274 to 480 per year). This wage rate in rural India study included the following agricultural operations common in India: ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking, herdsmen, tractor driver, unskilled help, mason, etc. The 2013 Act is expected to affect rural families in India whose primary livelihood is derived from farms. The Act will also affect urban households in India whose land or property is acquired. Per an April 2010 report, over 50% of Indian population (about 60 crore people) derived its livelihood from farm lands. With an average rural household size of 5.5, LARR Bill 2011 R&R entitlement benefits may apply to about 10.9 crore rural households in India. According to Government of India, the contribution of agriculture to Indian economy’s gross domestic product has been steadily dropping with every decade since its independence. As of 2009, about 15.7% of India’s GDP is derived from agriculture. Act will mandate higher payments for land as well as guaranteed entitlements from India’s non-agriculture-derived GDP to the people supported by agriculture-derived GDP. It is expected that the Act will directly affect 13.2 crore hectares (32.6 crore acres) of rural land in India, over 10 crore land owners, with an average land holding of about 3 acres per land owner. Families whose livelihood depends on farming land, the number of livelihood-dependent families per acre varies widely from season to season, demands of the land, and the nature of crop. Act provides to compensate rural households – both land owners and livelihood losers. The Act goes beyond compensation, it mandates guaranteed series of entitlements to rural households affected. According to a July 2011 report from the Government of India, the average rural household per capita expenditure/income in 2010, was Rs.928 per month (US$ 252 per year). The effects of LARR Bill 2011, in certain cases, will apply retroactively to pending and incomplete projects. land acquisition for all linear projects such as highways, irrigation canals, railways, ports and others. Some criticize the Act citing that it is heavily loaded in favour of land owners and ignores the needs of poor Indians who need affordable housing, impoverished families who need affordable hospitals, schools, employment opportunities and infrastructure and industries. Some economists suggest that it attaches an arbitrary mark-up to the historical market price to determine compensation amounts, along with its numerous entitlements to potentially unlimited number of claimants. This according to them shall guarantee neither social justice nor the efficient use of resources. LARR 2011 as proposed mandates that compensation and rehabilitation payments to land owners and livelihood losers be upfront. This misaligns the interests of land acquirer and those affected. Once the payment is made, one or more of the affected families may seek to delay the progress of the project to extract additional compensation, thereby adversely affecting those who chose long term employment in the affected families. The Bill, these economists suggest, should link compensation and entitlements to the progress and success of the project, such as through partial compensation in form of land bonds. These success-linked infrastructure bonds may also help poor states reduce the upfront cost of land acquisition for essential public projects such as hospitals, schools, universities, affordable housing, clean drinking water treatment plants, electricity power generation plants, sewage treatment plants, flood control reservoirs, and highways necessary to bring relief to affected public during fires, epidemics, earthquakes, floods and other natural disasters. The state of Kerala has decided to pursue the use of infrastructure bonds as a form of payment to land owners. LARR 2011 places no limit on total compensation or number of claimants; nor does it place any statute of limitations on claims or claimants. The beneficiaries of the Bill, with guaranteed jobs for 26 years, will have no incentive to be productive. The Bill should place a limit on total value of entitlement benefits that can be annually claimed per acre, this entitlement pool should then be divided between the affected families, and the government should run this program if it is considered to be fair. LARR 2011 as proposed severely curtails free market transactions between willing sellers and willing buyers. For example, DLF Limited – India’s largest real estate developer – claims that the current bill may limit private companies such as DLF from developing affordable housing for millions of Indians. DLF suggests that direct land transactions with owners on a willing voluntary basis, at market-determined rate, should be kept out of the purview of the bill. There should be no conditions imposed on free market transactions between willing sellers and willing buyers. Amartya Sen, the India-born Nobel Laureate in economics, claims prohibiting the use of fertile agricultural land for industries is ultimately self-defeating. Sen claims industry is based near cities, rivers, coast lines, expressways and other places for logistical necessities, quality of life for workers, cost of operations, and various reasons. Sen, further suggests that even though the land may be very fertile, industrial production generates many times more than the value of the product produced by agriculture. History of industrialisation and global distribution of industry hubs, Sen claims, show that the locations of great industry, be it Manchester, London, Munich, Paris, Pittsburgh, Shanghai or Lancashire, these were all on heavily fertile land. Industry always competes with agriculture, Sen claims, because the shared land was convenient for industry for trade and transportation. Amartya Sen further argues that in countries like Australia, the US or Canada, where agriculture has prospered, only a very tiny population is involved in agriculture. Agriculture prospers by increasing productivity and efficiency. Most people move out to industry. Industry has to be convenient, has to be absorbing. When people move out of agriculture, total production does not go down; rather, per capita income increases. For the prosperity of industry, agriculture and the economy, India needs industrialisation. Those in India, who in effect prevent industrialisation, either by politically making it impossible for entrepreneurs to feel comfortable in starting a business, or by making it difficult to buy land for industry, do not serve the interest of the poor well, claims Sen. The proposed LARR 2011 bill prohibits the acquisition of fertile agriculture land beyond 5% per district. An article in The Wall Street Journal claims that the proposed LARR 2011 rules will apply even when any private company acquires 100 acres of land or more. For context, POSCO India seeks about 4000 acres for its US$12 billion proposed steel manufacturing plant in the Indian state of Orissa. In most cases, even small companies planning US$10-US$300 million investment, seeking 100 or more acres will be affected by the compensation plus rehabilitation effort and expenses of LARR 2011. The WSJ article further claims that the proposed LARR 2011 bill doesn’t actually define the word “acquisition,” and leaves open a loophole that could allow government agencies to continue banking land indefinitely. The Observer Research Foundation’s Sahoo argues that the bill fails to adequately define “public purpose”. The current definition, he claims, can be interpreted vaguely. In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes. More clarity is needed, perhaps with the option that each state have the right to hold a referendum, whereby the voters in the state can vote to approve or disapprove proposed public purpose land acquisitions through the referendum, as is done through local elections in the United States for certain public acquisition of private or agricultural land. The Confederation of Real Estate Developers’ Association of India claims that the proposed LARR 2011 bill is kind of one-sided, its ill-thought-out entitlements may sound very altruistic and pro-poor, but these are unsustainable and will kill the goose that lays the golden egg. This group further claims that the bill, if passed, will increase the cost of acquisition of land to unrealistic level. It will be almost impossible to acquire 50-acre or 100-acre land at one place for planned development. They suggest that if India does not facilitate urbanization in an organized manner, all the incremental population will be housed in disorganized housing developments such as slums with dire consequences for Indian economy. In the long run, even farmers will suffer as fringe development of urban centres will largely be in the form of unauthorized developments and they will not realize the true economic potential of their lands. The bill inflates the cost of land to help a small minority of Indians at the cost of the vast majority of Indian citizens, as less than 10% of Indian population owns rural or urban land., The LARR Bill 2011 favours a privileged minority of land owners as the Bill mandates above market prices for their land plus an expensive rehabilitation package. The Bill does not mandate a process by which the time involved in land acquisition is reduced from current levels of years. Nor does the Bill consider the effect of excessive costs upfront, and expensive rehabilitation mandate over time, on the financial feasibility of large-scale, socially necessary infrastructure projects needed by 90%+ of Indians who are not landowners. In an editorial, Vidya Bala writes that the most important weakness in the Bill is bringing non-government transactions too under its purview. Private players buying 50+ acres of urban land tracts or 100+ acres of rural areas would be required to comply with the R&R package stated in the Bill. LARR 2011 Bill’s sections 97, 98 and 99 are incongruous with other laws of India in details and intent. Section 98, for example, says that the provisions of the Bill shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule of the Bill. According to Indian Legal Code, the Fourth Schedule referred to by LARR 2011 Bill, consists of 16 bills, including the ancient monuments and archaeological sites and remains Act, 1958, the atomic energy Act, 1962, the special economic zones Act, 2005, the cantonments Act, 2006, the railways Act, 1989 amongst others. Laws can not be in conflict with each other. LARR Bill carve outs through Sections 97, 98 and 99 add confusion, offering a means for numerous citizen petitions, lawsuits and judicial activism. The LARR 2011 Bill thus fails to deliver on the goals motivating it. Make this time the most memorable moments of your life. The school is about to end, you’ll step into the real world soon and have many responsibilities, so spend this time being carefree and happy. The internet is full of ideas for senior class portraits so start the creative juices flowing and go crazy. Your photographer will have plenty of ideas for the session but you can always add your own style. Though balloons might seem childish but when incorporated in the right way, they can gives a great look to your portraits. Sparkles and confetti are other nice addition to the photos, adding a little bit of magic. Or go for a more sparkling look with sparklers; write your name with one for a more glittery setting. Abandoned or remote locations look wonderful, with just the right lightening and camera angle. You can go for this option since the photographer can control the level of exposure. As for you, act for the part and get weird. Or just do the opposite and get creative on the busy city streets. A shot of you standing by the passing traffic, or waiting at the bus stop. The photographer should use the sunlight to create a unique image. There are so many ways you can make this session exciting and beautiful too. A natural background would look lovely – stand in a field of flowers, lie down in a bright pillow of green grass, or get the looming mountains in the distance. All of these would give a more natural look to the photos. Dress up in glittery gowns and sparkling heels and get a fairy tale photo shoot. Get cute with farm animals or just include your pets. They make pretty good photo partners. Use some props to hold or sit on during the session, such as a book, chair or an umbrella maybe. These photos are a great way to showcase your special talents. If you are a musician, incorporate your instrument in the photos. Get your sports spirit on and get creative on the field of your favorite sport. Relax and be comfortable with he settings. If you are in a studio, ask the photographer to put on some music to ease the tension. Follow the photographer’s direction. They will know the best poses to get a good photo so do what they say, even if it might seem silly. Let that smile come naturally or you’ll get a mechanical smile that looks horrible. If you are relaxed, the smile will look great. A little tip to help you; leave a little space between the teeth for a genuine looking smile. Allow yourself little breaks during the photos and take a sip of water to cool down. This time will not return so make sure that you enjoy every last bit. But most importantly, choose the photographer that will make this time more special and creative. Visit www.melodyrobbinsphotography.com and make these senior year portraits memories to relish. Equipped with great modern facilities and a better system of connectivity and accountability Smart Cities are the future of cities. Becoming a Smart City depends on a number of factors, ranging from the financial condition of the city to the managerial capacity of its people. There are, however, certain basic traits that are necessary to make any city a Smart City. It is not merely limited to the material enhancement and growth of the city and its surroundings but the growth of human satisfaction and happiness. The increased emphasis on the citizen participation in a number of definitions of Smart Cities suggest that the scope of growth and development in a Smart City is not merely limited to the material conditions and growth but that it encompasses the improvement in an overall standard of living of its people. With the efficient use of technology in these cities the world will become a smaller and connected and a well acquainted place, which would eventually lead to new scope of livelihood and an increased connectivity between masses. Smart City is a region that makes extensive use of Information technologies which are also called as Information and communications technology (ICT). These technologies make efficient use of physical infrastructure. The connectivity between the people and the administration of the city becomes much more efficient. The data analysis leads to a healthy economic, social, cultural development of the city and its inhabitants. ICT suggests the use of integrated technology platforms, easily accessible across various devices. This easy access to information provides the key to transparent and accountable governance, speed and participation of citizens in matters of their concern and proper access to public services. Intensive surveillance of public areas and twenty-four seven connectivity will lead to a greater sense of security amongst the people of such Smart Cities. With growing concern over women and children security, the efficient use of cameras in Smart Cities will leave end the scope of crimes against the innocent. The greater accountability of the governing bodies would also be an incentive to control and check the unlawful practices. Another revolutionary feature of Smart Cities would be the increased Citizen Participation in the functioning of the government of that area. In a country where transparency in government activities is a distant dream and where corruption erodes the efficiency of the administration, this aspect of Smart Cities would open paths towards the better India where government could be held responsible for the actions that it takes. The financial independence would be an important pillar for survival of Smart Cities. And to meet that end all the available resources of revenue would have to be tapped and put to use. And with extensive database of information about the citizens and inhabitants of the City this financial sustainability would not be hard to achieve and would come as a breath of fresh air for the governing and the governed. All the basic human problems would find a smart solution in these Smart Cities, whether it be the waste management issue or the concern over the transportation facilities, Smart Cities would provide a solution to all these problems in the most efficient way possible. With the improved standard of living, these Cities would home the culture of Simple Living. With every information available at the touch of a button and the accessibility of that information from a variety of devices would end the trouble of living with burdens and the citizens of Smart Cities would be able to lead a simple and fulfilling life. The awareness and information about the use of resources and their protection would enhance the levels of sensitivity amongst the people and will make them more concerned about the future generation and internal satisfaction than the material gains. Ideally, Smart Cities would aim at developing a place where people can walk to their workplaces and if that won’t be possible then the use of public transport would be promoted which would in turn increase the efficiency of the citizens by reducing the time lost in transportation. Use of electric cars, and bicycle paths would also be a key feature of the Smart Cities. With prime concern being given to the sustainable use of resources the Smart City would help reduce the carbon footprint of the human race. The incorporation of Parks and Green areas would be a blessing for the inhabitants of the city who would be the recipient of the fresh air and clean environment which has already become a rare luxury and the conditions of metropolitans are bound to decay in times to come. Owning a Flat in Smart City would be a means to healthy survival. The defining feature of a Smart City is no doubt the intelligent environment, which creates interactive spaces and enhances inhabitants’ experiences. The connectivity, the transparency and the sense of security are all key features of a Smart City that make it the Future of Cities. Subconsciously we attribute to future the hope of being better, rarely do we wonder about the responsibility that it carries on with itself and almost never do we realize that betterment comes with human efforts, and it is on these human efforts we ought to concentrate. One problem however hinders human efforts, this is the problem of limits, be it on the resources we can use or environment we can exploit, and these limits push us to innovate de tours for our ways to success and growth. One such de tour is the Smart City Project which is in full swing these days, owing to the desires of our PM to make country self-dependent and developed. But what actually makes a city smart is defined not just but the latest technology that it uses but the psychological, sociological and environmental development it initiates or sustains. And Smart City does try to fulfil these expectations. This is a unique feature, which enables these cities to be a part of Environmental sustainability. The waste management methods to be incorporated in these Smart Cities might actually help save our rivers and water bodies, and not just that, the energy efficient fuel and the proximity of all the places of human requirements would help reduce the use of personal vehicles and thus reduce the carbon footprint of our generation. This would mean that we would not leave a world greyed by our greed for our children to come, this definitely means a brighter future. With the ever increasing internet user range in India the connectivity of people would reach entirely new levels in few years’ time, it is this connectivity that Smart Cities would put to use to enhance the security of theirs campuses. Databases would be filled with information about the citizens and information would be provided to these citizens on their applications, so the transparency would increase and accountability would be great. This safety and security based on a well-connected network of devices and databases surely translates into a better future. The instances of people living in urban cities, complaining about their health problems is a very common sight. The blame for any such problem is instantly given to the lack of fresh air and proper time to give attention to the needs of the physical well-being of the body, rarely do people try to solve this problem and continue ignoring the need for a better lifestyle. Smart Cities would be a blessing for those craving for fresh air and spaces to workout, because all these cities are planned in such a way so as to provide most of the green scenery and fresh air to its inhabitants. And not just that the gymnasiums and Swimming Pools which are an essential part of these smart cities would not only encourage you to care about your health but would also rid you of the excess weight of healthcare problems. A healthy future is no doubt a happy one. The direction in which our cities were going made it a distant dream to be able to reach any place on time without proper scheduling and planning. Long hours are always kept aside on our time tables to be spent in traffic of the metropolitan cities, in the rush of the hour, we hardly realize how much time we lose in those hours of delay and desperation. This does two things, first it increases the inefficiency of people and it makes them frustrated and second it diminishes the value of human time. This lost time is being cherished in the ideas of Smart Cities where Office, Home, Play-ground, School, Hospital would all be in close range of each other and a walk would be enough to lead you from one place to another. A happy future is sure awaiting these dwellers of Smart Cities. With the commencement of construction of 3 new cities in Delhi on the lines of the energy efficient Smart Cities, life in the area would never be the same again. The Smart City Development project is a part of a world-wide drive of making urban centers more efficient and integrated. It has been assumed that the percentage of population residing in urban areas will rise to 70% by 2050, and the need to provide this population with proper living facilities and standard of living would be a great trouble for the governing bodies. It is in consideration of this problem that the project of building smart cities has got a new boom. To bring this idea of Smart City to reality a Special Purpose Vehicle will be created for each city to implement Smart City action plan. The SPV will be signed with the urban local body, state government and the Centre for implementation of the project. Out of these 3 the ‘Smart Residency’ being built in the Dwarka extension would be the 1st Smart City of this region. And owning a Flat in Smart City like this won’t be a distant dream for the people, because the price of Apartments in Smart City of Dwarka extension would start from Rs. 30 Lacs. The additional benefits of owning a Flat in this Smart City would be the great location with AH1 in close range. Outright ownership of the property and land on which it stands to the owner. A freehold estate in land (as opposed to a leasehold) is where the owner of the land has no time limit to his period of ownership. This means there would be no trouble in possession and ownership. Nothing translates into amusement and health at the same time, better than a dip in the Swimming Pool. And with the disturbed lifestyles of people in nine to five jobs and decreasing attention on health and hygiene, Swimming Pools play a very important role to keep us healthy and fit and free us of the stresses of a hectic busy life. The pathetic condition of the law and order around the city is not a new revelation, Smart Cites however provide a Smart alternative towards keeping the city Safe and Secure, that is by using latest technology and tools. With CCTV cameras monitoring every corner of the campus, the law and order could be very easily maintained. Video door phones also are a huge leap forward in avoiding unnecessary visitors and stalkers. In these times of Information and Internet, life without wi-fi seems a little incomplete and Smart Cities are a solution to that incompleteness, because this 1st Smart City of Delhi would have an efficient 24X7 connectivity to wi-fi, this will also help people in keeping track of things. And a full time power backup would mean no more trouble of hours lost along with the power-cut. By owning a Flat in 1st Smart City, one will be able to see life and the city from new heights, both metaphorically and literally. The magnificent height of the Towers would be a blessing, and the Smart Elevators would make life much easier and time efficient. It will also be the hope for the elderly. Not only would this 1st Smart City be Smart in material terms but it will also make Lifestyles of its inhabitants smart. With the reduction in the amount of Carbon footprint, this Smart City would strive to make its people healthy and stress free. The gymnasium and yoga areas are manifestation of this attempt of Smart City which aims at human resource development and making citizens more efficient and productive. is also one of these innovative human projects to put the straying economy into line with the development plans of the nation. Smart city construction aims at providing better and most modern and developed facilities to its inhabitants in order to maximize the constructive human output. And it is investment in these Smart Cities that would push the investors forward in the race of life. With the soaring prices of properties in present time, owning a Flat in Smart city would be a blessing for those who want the best from the limited resources. The vision of ‘Digital India’ has a plan to build 100 smart cities across the country, these cities will be well acquainted with modern facilities which will help the inhabitants benefit from technology. Not only would these cities be haven for the citizens but along with better living conditions for the owners of Flats in Smart Cities, these cities will create employment opportunities and an improved condition of human life in not just the material sense but in the field of health as well. With the vision of Digital India, India would be thrust forward as a leader in digitally delivering services in the field of health-care, education, better living facilities, fitness, clean environment and better security. An investment of $1.2 billion in Smart cities in India has been announced, this will be a boom for the economy with the employment generation and the human resource development. For those who can now see the future returns in Investment in Smart Cities, this time is the greatest opportunity to maximize their profit. One such smart city is being built at Dwarka extension, touching AH1, this Smart City would open a whole new world for people who would own a Flat in this Smart City and those who would be involved in its functioning and upkeep. Incorporating latest and most advanced features of the Smart City Technology this 1st Smart City of the area would act as a model for numerous Smart Cities yet to come in existence in India. The most striking feature of this 1st Smart city being built at Dwarka extension, is its strategic location, whether it be its proximity to AH1 or its 10mins distance to forthcoming AIIMS-2, this 1st Smart City is a blessing for those who want to get most out of their lives. With the ever increasing amount of population in a country like India, lack of accommodation is becoming a growing concern. While the growth and settlement around source of livelihood is a basic human tendency, the shortage of resources leads to a cut throat competition between people who want to survive and serve in these times. Between 2000 and 2005, employment in urban India grew at a faster rate per year (3.22%) than in rural India (1.97%), this clearly shows a shift in trend of preference of occupation and livelihood. The natural resources of the country being limited, the constant urban shift of population raises the need of living space. And this need is coupled with the need of sustainable development which aims at efficient use of resources in a way that would not starve our future generation of the basic necessities of survival. Smart cities are a way of using minimum resources and producing maximum output from it. A developed urban area that creates high quality of life, by focusing on areas of economic restructuring, environmental sustenance, citizen participation and use of high quality digital technologies or information and communication technologies (ICT) can be termed as a smart city. A smart city is often referred to as a future city, in which the functioning and maintenance of administration, infrastructure and communication is based on modern technology. Uninterrupted water and electricity supply, proper sanitation facilities, efficient public transport, waste management, , IT connectivity would be some of the basic features of the smart cities that are being planned as a part of vigorous development and sustenance programs around the globe. Owning a Flat in Smart Cities, equipped with the facilities to make living simple and survival of masses as hassle free as possible would lead to an improved standard of living for the majority of people owning Flats in Smart Cities. This would be a huge step forward in the overall development of India as a society where till present times only a limited amount of population had the access to such modern services and facilities, but with the emergence of Smart Cities these facilities would be made available to a greater number of people. There has been a growing need to plan, design and manage cities that can cope with things like pressure on resources and increased waste, while meeting carbon and climate challenge and provide the highest standard of living for the inhabitants, Smart Cities are answer to these needs and aspirations. The cornerstone of the success of Smart Cities is the production of efficient human resource at the least possible cost, in terms of strain on economy and environment. The enhanced citizen participation in the functioning of these Smart Cities is a step towards increasing awareness among these citizens about the waste production and management and this would lead to a sensitive and more sensible population that would want to use resources in limits. are a solution to all these problems of human survival. With an estimation that 600 million Indians will be living in cities by 2030, these problems can be the cause of colossal human troubles if not properly countered. The sorry condition of roads and transportation even in metropolitan cities, the issues of long hours of electricity cuts, the increasing amount of harmful pollutant in our atmosphere, the issues of security have already become a huge concern in present times and as the time passes the pressure on limited natural and man-made resources would keep on increasing, to cope up with that pressure Smart Cities are being set up in every state of the country and these Smart Cities are the only hope for better living. As an investor or end user planning to look for property in DDA’s proposed L Zone, there are some key things that one needs to keep in mind. As a step towards facilitating the growing need of housing in Delhi, the Delhi Development Authority (DDA) is working on the Master Plan of L Zone. Located in South-West Delhi and spread across 22,840 hectare of land, the L Zone is expected to give an impetus to the slow and stagnant real estate market of the national capital. It is close to IGI Airport and is strategically positioned between Dwarka and Gurgaon. Under the development plan, the authority has divided Delhi into 15 zones wherein ‘L’ Zone is the largest and boasts Najafgarh as the only census town in the zone. “At present the zones are open for buying land, wherein the housing societies and private developers are coming forth with their investment plans. Where majority have already bought land, many are still looking to obtaining the necessary approvals from the authority,” says Partho Kunar, director, Suhaskrit, a Delhi-based consultant firm. Once the approvals are received, the land owners of L Zone will submit the land to DDA out of which the authority will take 40 per cent of the total land area for development of roads, drainage, sewerage and other civic amenities. Once developed, the developers/housing societies will be allowed to start their construction plans. The home buyers, including individual investors who are taking interest in the real estate market here should make sure that the developer has the necessary approvals. “When it comes to home buyers, it’s an early investment one is making and should know that land pooling policy has been approved by the Gazette Notification no. 2076 dated 6th Sep 2013, but process of surrender and approval of individual project is yet to happen,” adds Kunar. As the L Zone is in the early stages of planning, you might be able to get the benefit of a first-comer, but there are a few things that one needs to take into account. “As per the Master Plan 2021, any individual investor can buy land but one must ensure to do a recce of the area prior to investment. The buyer must read and understand the land pooling policy as well,” adds Kunar. A home buyer must know that the land pooling policy has just been notified and is not yet operational. Therefore, it may take some time for the developers or group housing societies to receive land from DDA for further development. An individual must authenticate the market reputation of the developer and should also verify the credential of the organisation owners along with their past project deliveries. It seems to be the right time to invest in L Zone under the DDA Master plan 2021 but the buyer should keep in mind that it may take some time for the actual implementation of the plans on ground by the authority. So, if you are investing right now then there should be a willingness to wait for some years for the investment to grow.

2019-04-19T04:25:01Z

http://www.itihaskekarigar.com/category/real-estate/

This Master Subscription Agreement (the “Agreement”) governs the obligations and rights of the Customer and Planview International AB (org no 556552-3692) (hereinafter referred to as "Planview"). By signing an Order Form or by accepting these terms and conditions upon a sign up procedure, or in any other way, you hereby confirm that you are authorized to bind the Customer through such execution. As a Customer you may not access the Services if you are a direct competitor to Planview, except with Planview’s prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. 1.1 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer or the Users. 1.2 “Contract Start Date” means the date stated in the Order form, or if applicable during sign-up, or in any other form. 1.3 “Controller” means the entity which determines the purposes and means of the processing of personal data as defined in the GDPR. 1.4 “Customer” means the individual or the legal entity who activates Services provided by Planview and assumes payment responsibility for the same vis-à-vis Planview. 1.6 “Data Protection Laws and Regulations” means all laws and regulations, including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, (General Data Protection Regulation, “GDPR”). 1.7 “Initial Term” means the initial contract period during which the Customer subscribes to the Services. 1.8 “Order Form(s)” means the initial order form and/or order confirmation and any subsequent order forms and/ or order confirmations evidencing among other things the type of Subscription, Subscription term, Initial Term, the number of Users Licences, ordered Professional Services, applicable fees, etc. Each such Order Form shall form an integral part of this Agreement. In the event of conflict between the terms of an Order Form and the terms of this Agreement, the terms of the Order Form shall prevail. 1.9 “Professional Services” means training, solution advising and any other related consultancy services. 1.10 “Processor” means the entity which processes personal data on behalf of the Controller as defined in the GDPR. 1.12 “Services” means the at all times current version of the web services, associated software, and other services related thereto provided to the Customer by Planview in accordance with this Agreement. The Services are offered as a Software as a Service with several subscription types (including but not limited to Basic, Professional, Team Edition, Multi Edition, Enterprise Edition and Enterprise Edition Plus and variations thereof), with the characteristics and features as described at www.projectplace.com. In addition, the Services may include additional services and add-ons, including third party software, as agreed between the Customer and Planview on a Subscription or case-by-case basis. 1.13 “Subscription” means the terms governing among other things the type of subscription, subscription term, billing frequency, the number of User Licences, applicable fees, etc. 1.14 “Trial Service” means a Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial”, “beta” or “evaluation” (or a similar designation). 1.16 “User(s)” means all individuals who are authorized to start and/or participate in one or more of Customer’s own projects. In the event of a Company User Enterprise Edition Subscription “Company User(s)” means all employees, consultants or any other individual that works for the Customer, its subsidiaries or any other of its affiliated companies and who is authorized to participate in and/or to start an unlimited number of projects under a Company User Enterprise Edition Subscription. A user under such subscription with an email address containing the Customer’s, its subsidiaries or any of its affiliated companies, domain name is presumed to be a Company User. The presumption does not exclude that a Company User may have an email address using another domain address than the Customer, its subsidiaries or affiliated companies. 1.17 “User Licence(s)” means, as applicable, the subscribed number of Users under a Subscription, or when applicable, the subscribed number of Company User Licences in a Company User Enterprise Edition Subscription. 1.18 “Web Site” means Planview’s web site at www.projectplace.com. 2.1 Subject to the terms and conditions of this Agreement, Planview hereby grants to the Customer a non-transferable, non-exclusive, non-sublicensable limited term world-wide right and licence for the Customer and Users to access and use the Services for Customer’s own projects. 2.2 Planview reserves the right to implement new versions and upgrades of the Services including, but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice. 2.3 Planview undertakes, in its sole discretion, to adopt reasonable measures in order to ensure that the Services are available over the Internet around the clock, seven (7) days a week. Planview shall be entitled to take measures that affect the aforementioned accessibility where Planview deems such to be necessary for technical, maintenance, operational, or security reasons. The Customer is aware and acknowledges that the Customer’s access to the Internet cannot be guaranteed and that Planview shall never be liable for deficiencies in the Customer’s own Internet connections or equipment. 2.4 The Customer shall be entitled, with or without compensation from Users, to provide Users with access to the Customer’s Content and the Services provided by Planview. The Customer is aware of and acknowledges that the Customer is fully liable for the Users to whom the Customer affords access to the Services. The Customer shall not charge a User any fee for its use of the Services in excess of the Customer’s direct costs to Planview for such User’s participation. 2.5 The Customer shall be entitled to assign a Subscription or a project under an Enterprise Edition Subscription to a third party provided that the third party, in Planview’s sole discretion, is approved by Planview and that written documentation, in the form decided by Planview, is presented evidencing that the third party approves the assignment and that the new party accepts the terms and conditions of this Agreement. 2.6 Planview shall be entitled to retain subcontractors, including third party software suppliers, for the performance of obligations in accordance with this Agreement. Planview shall be liable for the subcontractors’ work and services in the same manner as for its own work and services. 2.7 The maximum number of Users, projects and storage under a Subscription or Users and storage under a project under an Enterprise Edition Subscription will be defined in the Order Form or on the Web Site. 2.8 In the event the parties have agreed that the Customer should be provided Professional Services related to the Services, the parties shall mutually agree upon when such services shall be performed. Training should be called off no later than six (6) months after the date of order. If not otherwise agreed, Planview shall be compensated by the Customer for direct costs incurred related to performing Professional Services, such as travelling, allowance, etc. Planview shall have the right to assign training to an acknowledged training partner at no additional cost to the Customer. It is the responsibility of the Customer to (a) provide for a suitable location where training can take place equipped with a computer connected to Internet and to a projector, and (b) invite and make sure all relevant delegates will attend and to inform about the time, date, location and necessary preparations. 2.9 If the Customer has ordered Professional Services the following cancellation policy shall apply to; (i) Training at client site, Online and at Planview offices and for other services with a pre-defined project scope, agreed number of resources or agreed number of hours. If Planview has received a written notice at least (i) fourteen (14) business days in advance of the class, the Customer is entitled to a refund of its payment, (ii) seven (7) business days in advance of the class, the Customer is entitled to a training class credit that must be used for another class offered by Planview within three (3) months of the date of the original class. Customer is not entitled to a refund or class credit if less than seven (7) business days advance written notice is given. Failure to provide written notice at least fourteen (14) business days in advance of the class obligates the Customer to make payment for the full price of the class; (ii) Other ordered Professional Services should be terminated with a one (1) week mutual notice period. 2.10 Planview reserves the right to reschedule or cancel the date, time and location of a training class at any time, including replacing personnel who may be scheduled to deliver the training. In the event a training class is cancelled, the Customer is entitled to a full refund unless the training class is cancelled by Planview due to circumstances beyond its reasonable control. In such event is the Customer entitled to a full training class credit which must be used within three (3) months of the date of the original class for another class offered by Planview. Planview shall not be responsible for any loss incurred by Customer as a result of a cancellation or reschedule. 3.1 Trial Services are provided strictly “as is”. The Customer may use a Trial Service in a manner consistent with the terms and conditions of this Agreement, but Planview may, at its discretion, disable certain features of a Trial Service and enforce time limits on the Customer’s right to use the same. In light of the fact that a Trial Service is provided free of charge, Planview disclaims all warranties, representations, and liabilities as set forth in this Agreement and Planview shall not be liable for damages of any kind related to the Customer’s or User’s use of a Trial Service. 4.1 The Customer shall always comply with the security and administrative regulations as notified in conjunction with registration, by e-mail, as made available on the Web Site, or in any other manner. The Customer shall also be responsible for notifying Users of such regulations and also the User’s fulfilment regarding such regulations. 4.2 The Customer shall ensure that all details provided regarding the Customer’s contact information, billing information and credit card information, where applicable, are correct and undertakes to update such information as soon as possible when changes to such information occurs. 4.3 The Customer shall be responsible for the activities conducted by the Customer and the Users within the Services and shall use the Services in compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer and/or Users shall be the sole responsibility of the Customer. 4.4 The Customer shall be responsible for monitoring its Content and shall be liable vis-à-vis Planview for ensuring that Content transferred to or handled within the Services which is processed by the Customer and/or Users does not infringe any third party rights nor in any other manner violates governing legislation, and that the Customer and Users possess such necessary licences from third parties as may be required in order to process the Content/use the Services. 4.9 The Customer shall remain liable for the Users’ use of the Services under this Agreement and ensure that Users perform their obligations towards Planview. To the extent the Customer is unable to perform an obligation on behalf of a User or is unable to cause the User to perform the same, the Customer shall indemnify Planview insofar as Planview incurs any loss, provided that such loss is related to the non-performance by the User of its obligations to Planview. 4.10 The Customer shall defend and indemnify Planview for any claim, suit or proceeding brought against Planview by Users and/or third parties arising out of or connected to Content processed by Users/the Customer within the Services or for which the User/Customer is otherwise responsible, unless Planview is liable for such claim in accordance with the provisions of section 11, “Limitation of Liability”, below. 4.11 The Customer is obligated to notify Planview regarding any suspected breach of these provisions. 5.1 The Customer shall pay compensation for the Services in accordance with the fees set out in the Order Form or otherwise agreed. Notwithstanding the above, Planview may for each Renewal Term increase its fees with not more than five (5) per cent (Enterprise Edition Subscriptions) or with Planview’s then communicated current fees (other subscription forms e.g. Basic, Professional, Team and Multi Editions Subscriptions). 5.2 All Services provided by Planview shall be debited to the Customer in advance from the agreed Contract Start Date and for the subscribed number of User Licences and the selected period as agreed between the parties. If not otherwise agreed, payment for Professional Services shall be made against invoice within thirty (30) days. The Customer may upgrade a Subscription at any time with additional User Licences, additional storage, or additional services as provided. The Customer is not permitted to downgrade a Subscription. Any added User Licences, storage, or services shall be coterminous with pre-existing User Licences and services. For Enterprise Edition Subscriptions, excess usage and storage (i.e. above the subscribed levels) will be calculated and charged retroactively with an additional excess usage fee applied by Planview from time to time. Excess user licence fees are calculated based on the highest number of excess Users/Company Users for each thirty-day period. 5.3 Payment shall be made by the Customer against (i) invoice or (ii) through use of a credit card (Enterprise Edition Subscriptions excluded) approved by Planview. Payment must reach Planview in full within thirty (30) days of the issue date of the invoice or credit card charge. Interest on overdue payments shall be payable according to law. Planview may charge the Customer an invoicing charge for paper invoices. Planview shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by the Customer. The Customer shall be responsible for the reasonable costs incurred by Planview when collecting overdue fees. 5.5 Without prejudice to its other rights, Planview may temporarily disable the Customer’s and the Users’ access to the Services in the event the Customer has overdue payments in excess of twenty (20) days. In addition, Planview may terminate a Subscription, delete and destroy the Customer’s Content and to immediately terminate this Agreement in the event of overdue payments in excess of fifty (50) days. 6.1 Planview shall hold title to any and all intellectual property rights and technical solutions to the Services or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the Customer in the manner stated in this Agreement. Under no circumstances shall the Customer or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services, or to any trade mark or any other business mark belonging to or used by Planview. Access to the Services is licensed, not sold. In the event of an agreed case study or similar between Customer and Planview, all intellectual property rights to material produced, including but not limited to photos, quotes, interviews, videos, testimonials, under such work will belong to Planview and may at its sole discretion be used by Planview in the marketing of its services. 6.2 All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer and/or Users shall remain the sole property of the Customer or its respective legal owner. Planview shall have no liability for such Content. 6.3 The Customer may not in any way modify, decompile, disassemble or reverse engineer the Services except as permitted by law. 7.1 Planview provides customer support by e-mail and telephone regarding Customers’ enquiries in connection with use of the Services. Such support is provided on weekdays (excluding Swedish public holidays) during Planview’s ordinary office hours and to the reasonable extent decided upon from time to time in detail by Planview. 7.2 Enquiries and/or error notices must be submitted to Planview by e-mail or telephone in accordance with the contact information available on the Web Site. 8.1 In order for the Customer to be able to use the Services, the Customer must provide certain data to Planview regarding the Customer’s representatives, including but not limited to full name, e-mail address, contact details and type of organisation. Following receipt of such data, Planview will process the same using automatic data processing in order to enable Planview to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorised persons do not gain access to the Services. 8.2 In addition, in order for the Customer to be able to use the Services, the Customer must also allow Planview to store and retrieve session information on the Customer’s representatives’ end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorised persons do not gain access to the Services. 8.3 Customer shall when considered to be the Controller, in its use of the Services, process personal data in accordance with the requirements of Data Protection Laws and Regulations. Customer shall in such event has the sole responsibility for the accuracy, quality, and legality of personal data and the means by which Customer acquired personal data. 8.4 The Customer is aware of and acknowledges that Users must provide personal data in order to gain access to the Services. Customer shall use its best endeavors to ensure that such personal data is provided by the Users. If third party applications are made available by Planview within the Services, or if a User initiates or accepts to copy or export Content or personal data from the Services to a non Planview application, Customer acknowledges that Planview may allow such third party application provider access to Content and personal data as required for the interoperation of such embedded, linked or interacted applications. 8.5 If Planview is considered to be a Processor to Customer, Planview shall fulfil its obligations as a Processor in accordance with the Swedish Personal Data Act and, as from May 25, 2018 the GDPR, and will furthermore accept such assignment based on the instructions, terms and conditions in the DPA [www.projectplace.com/terms/dpa/] which hereby forms an integrated part of this Agreement. 8.6 Planview’s information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site. 8.7 The Customer accepts that Planview is not obliged to disclose information to Customer in respect of individual Users use of the Service. 8.8 The Customer agrees that Planview may disclose the fact that the Customer is a paying customer of Planview. In relation thereto, the Customer agrees that Planview may use the Customer’s name and logo to identify the Customer as a customer of Planview on the Web Site, and as part of a general list of Planview’s customers for use and reference in Planview’s promotional and marketing literature. 9.1 The Customer shall ensure that User identities, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The Customer shall be liable for any unauthorised use of the Services. Planview shall have no liability for any loss or damage arising from the Customer’s failure to comply with these requirements. 9.2 Where it is suspected that any unauthorised person has become aware of a user identity and/or password, the Customer shall immediately inform Planview thereof and also change such user identity and/or password. 9.3 The Customer shall be liable for losses or damage incurred by Planview where the Customer intentionally or negligently reveals a user identity/password to a third party or where a user identity and password otherwise become known to an unauthorised party, unless the Customer notifies Planview immediately upon suspicion that such has occurred. 9.4 Planview shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. Planview’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site. 10.1 Planview warrants to the Customer that the Services will perform substantially and materially in accordance with its documentation available on the Web Site, under normal use and circumstances, and for the purpose intended. This warrant does not apply to Trial Services. 10.2 Except for the express warranties set forth above and to the extent permitted by law, Planview expressly disclaims all other warranties with respect to the Services, whether express or implied, including without limitation, fitness for a particular purpose, accuracy or reliability of results from use of the Services, that the Services will meet specific requirements, that the Services will be uninterrupted, completely secure, free of software errors, or that defects and deficiencies in the Services will be corrected. 11.2 In the event of major defects that seriously impede the Customer’s use of the Services and that are attributable to Planview, Planview undertakes to act to rectify such defect without unreasonable delay. In the absence of intent or gross negligence by Planview, Planview otherwise assumes no responsibility for defects or deficiencies in the Services. Error notification must be given by the Customer in accordance with the instructions announced by Planview and within a reasonable time of the discovery of the defect. 11.3 The Customer shall not be entitled to a reduction in payment, or to damages or other sanctions in the event of operational disruption or errors that impede data traffic that are not due to negligence by Planview. 11.4 Planview shall defend and indemnify Customer from and against any damage, cost and expense (including reasonable attorneys' fees) finally awarded or agreed in a settlement by Planview as a result of any claim, suit or proceeding brought against Customer based on a claim that the authorized use of the Services furnished by Planview under this Agreement constitutes an infringement of any third party intellectual property right; provided that Planview has been notified promptly in writing of such claim, and given authority, information, and assistance to handle the claim or the defence of any suit, proceeding or settlement and that Customer has not compromised or settled the claim, suit or proceeding without Planview’s prior written consent, and provided further that Planview shall have no obligations under this section 11 to the extent any claim is based on the combination or use of the Services with other software, hardware or services not furnished by Planview or use of the Service in a manner prohibited under this Agreement, in a manner for which it was not designed where the Services would not otherwise itself be infringing. 11.5 In the event that the Services in such suit or proceeding are held to constitute an infringement, or if in Planview’s reasonable opinion the Services may constitute such infringement, and/or its further use is enjoined, Planview shall, at its own expense and at its option, either (i) procure for Customer the right to continue the use of the Services, or (ii) replace the Services with non-infringing services of materially equivalent function and performance, or (iii) modify the Services so that it becomes non-infringing without materially detracting from function or performance. Should none of these measures be technically, commercially or economically reasonable to Planview, then either party may terminate this Agreement. Upon such termination, Planview shall refund the amount of fees paid in advance in respect of not yet used Services. 11.6 Each party’s liability under this Agreement, including the DPA, shall, except for what is stated under Sections 4, 9.3, 11.4, 13, 17 or Customers liability as Controller under the DPA and GDPR, under all circumstances be limited to direct losses in an amount corresponding to the agreed fees paid by the Customer for the Services during the period of twelve (12) months immediately prior to the breach of contract that entitles a Party to damages. The foregoing shall not limit the Customer’s payment obligations under section 5 above. 11.7 Except as set forth in Section 11.6 above , under no circumstances shall a party be liable for indirect or consequential losses, including but not limited to loss of profits or anticipated savings, loss of revenue, loss of Content or any other data. 12.1 A party shall be released from liability in damages and other sanctions where the performance of a specific obligation (other than for delay in the payment of amounts due and payable hereunder and the maintenance of confidentiality) is prevented or rendered onerous due to circumstances beyond a party’s control and which could not reasonably have been foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances. 13.1 Planview undertakes not to disclose to any third party, or otherwise make available, information received by Planview from the Customer or Users within the scope of the Agreement. Furthermore, any other information received by a party that in any way relates to the other party, including but not limited to any business, financial, scientific, intellectual property, customer or potential customer related, technical or operational information shall be considered confidential and shall not be disclosed to any third party. The above confidentiality obligations shall not apply to such information as a party can demonstrate became known to that party other than pursuant to this Agreement or which is in the public domain. Nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders or otherwise agreed upon under this Agreement. The duty of confidentiality shall remain in force notwithstanding the termination of the Agreement. 13.2 Planview shall be entitled to review Content which is publicly posted through the Services’ web publication features. Planview also reserves the right to analyze usage patterns in an aggregated form. 13.3 Except for Content mentioned above and other than pursuant to the Customer’s instructions, legal provisions, public authority regulations or court orders, Planview shall not be entitled to review Content processed by the Customer via the Services. 14.1 Planview reserves the right to amend the terms and conditions of this Agreement, except for the DPA. The Customer shall be informed of such amendments by e-mail or through the information being made available on the Web Site. The Customer shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available on the Web Site. Where the Customer does not accept the amendment, the Customer shall be entitled, within thirty (30) calendar days from the date of dispatch of the e-mail or, where appropriate, thirty (30) calendar days from the amendment being published on the Web Site, provided that the changes have an adverse effect, that could not be considered as minor, on the Customer, to terminate the Agreement with immediate effect. Where the Agreement is not terminated by the Customer within the aforementioned time, the Customer shall be deemed to have accepted the new terms and conditions. 15.1 This Agreement shall enter into force upon acceptance by the Customer of these terms and conditions through execution of this Agreement online during Subscription sign-up, or acceptance by the Customer of these terms and conditions in an Order Form, frame agreement, or in any other form. 15.2 The Initial Term is equal to the contract/billing term selected by the Customer during sign-up or, when applicable, agreed upon in the Order Form or in any other form. Even if a Basic, Professional, Team or Multi Edition Subscription has more than one billing term, the Initial Term shall still, when applicable, equal to the agreed contract term. 15.3 Upon expiration of the Initial Term, this Agreement will be automatically renewed with successive renewal terms at Planview’s then current terms and conditions. For Basic, Professional ,Team and Multi Edition Subscriptions, the Renewal Term is equal in duration to the forward looking billing term as selected online by the Customer or as stated in the Order Form, or when applicable the duration of the agreed contract term and with agreed billing terms. For other Subscription types, the Renewal Term is equal to the Initial Term or as otherwise stated in an Order Form or mutually agreed upon. 15.4 This Agreement can be terminated by either party subject to written or online notice of termination as stated below or in the Order Form, effective only at the end of the then current contract term and provided that all accrued and/or prepaid fees are paid in full. For Basic, Professional, Team and Multi Edition Subscriptions, such notice of termination must be given by the Customer, when applicable, in the online administration module at least one (1) day prior to the next contract term. For Enterprise Edition Subscriptions, if not otherwise agreed, notice of termination must be given in writing at least three (3) months prior to the end of the then current contract term. 15.5 Upon termination of a Subscription or the Agreement, Planview shall not be responsible for the Content generated by the Users/Customer within the scope of the Subscription in question or the Services. Accordingly, it is the sole obligation of the Customer to ensure that it possesses the necessary back-up copies, etc. of the Content that it desires to retain when the Subscription is terminated. 15.6 Upon the active termination of a Subscription by the Customer, Planview shall be entitled to immediately delete and destroy all Content within the scope of the Subscription. In the event of expiration of the subscription term of a Subscription and in the absence of the Customer’s renewal of the same, Planview shall be entitled to delete and destroy such Content thirty (30) calendar days following the expiration date. 15.7 Upon termination of a Subscription or this Agreement for any reason, Planview shall be entitled to and undertakes to permanently delete and destroy all copies of the Customer’s Content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by Planview from time to time. 16.1 Planview shall be entitled, with immediate effect, to disable the Customer’s or a User’s access to a project or to the Services or to terminate the Agreement at any time in writing where: (a) the Customer or a User uses the Services in a manner that entails the perpetration of a crime; (b) the Customer or a User uses the Services in a manner that occasions losses or the risk of loss for Planview or any third party; (c) the Customer or a User uses the Services in a manner that violates Planview’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) notwithstanding reminders, the Customer fails to pay agreed fees to Planview within a stated time; (f) the Customer or a User uses the Services in a manner whereby the Customer utilises resources or seeks unauthorised access to Planview’s systems which are not intended for the Customer; (g) the Customer otherwise fails to comply with the Agreement and such breach of contract is material; (h) the Customer or a User does not comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services or (i) the Customer is placed into insolvent liquidation or is otherwise insolvent. 16.2 The Customer shall be entitled to terminate the Agreement at any time in writing where: (a) operational disruptions or data traffic errors occur to such an extent that the Customer does not have access to the Services during a period in excess of one (1) month; (b) Planview is in material breach of its obligations under the Agreement and fails to effect rectification within fourteen (14) days of a demand therefore; or (c) Planview is placed into insolvent liquidation or is otherwise insolvent. 17.2 Save for the provisions of section 2.5, the Customer shall not be entitled to assign its rights or obligations under this Agreement without Planview’s prior written consent. 19.2 The Customer shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services. Without limiting the foregoing, (i) the Customer represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, (ii) Customer shall not permit Users to access or use the Services in violation of any U.S. export embargo, prohibition or restriction (iii) and that the Service may not be exported or re-exported into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, North Korea, Sudan, and Syria). 19.3 In the event of any dispute relating to this Agreement, the parties agree to initially make a full and good faith attempt to resolve such dispute by negotiation at an executive level, to the extent reasonable under the circumstances, prior to commencing court or arbitration proceedings. 19.4 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute). Where the amount in dispute does not exceed EUR 100,000 the SCC Institute's Rules for Expedited Arbitrations shall apply. Where the amount in dispute exceeds EUR 100,000 the Rules of the SCC Institute shall apply. Where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000, the Arbitral Tribunal shall be composed of a sole arbitrator. Where the amount in dispute exceeds EUR 1,000,000 the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the Claimant's claims in the Request for Arbitration and any counterclaims in the Respondent's reply to the Request for Arbitration. Planview may however bring disputes regarding overdue unpaid claims for the Services before Swedish ordinary courts, in the first instance the District Court of Stockholm (Stockholms Tingsrätt).

2019-04-23T10:37:32Z

https://www.projectplace.no/vilkar/master-subscription-agreement/

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According to investigation, no actual physical email is required for two people to fall in absolutely adore. What was once thought to be a chemical response has been completely disproven. Elements of chemical drawing card like pheromones and smells play a part on physical attraction however , to establish an community relationship all you have is communication. Mail order brides services open numerous doors to happiness for many desperate most people. You see, not absolutely everyone can be as lucky locating love as they will need to. Country of beginnings and geographical area play a very important component in romantic associations. Sometimes people are produced in countries which usually prohibit dating. That will make it very difficult to travel out and satisfy new people. Footwear virtually impossible, sometimes. Other times most people live in remote spots such as a village, for instance. The capacity for marital life material is very limited in the remote countryside. 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2019-04-22T20:06:22Z

https://saviorinn.com/2018/05/

All creditors of the Estate of Marvin Davis, late of Jackson County, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment. This 10th day of December, 2002. All creditors of the estate of C.N. Stephens, late of Jackson County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment. All creditors of the estate of Nellie Medlock Dodd, deceased, late of Jackson County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. This 26th day of December, 2002. All that tract or parcel of land lying and being in the 1691 G.M.D., Jackson County, Georgia, designated as Tract No. 1 as shown on a plat of survey recorded in Plat Book 60, Page 62, Jackson County, Georgia Records, plat is incorporated herein. Together with Grantor’s interest in and to Tract No. 6 as shown on plat and survey of W.T. Dunahoo and Associates, Surveyors, dated August 20, 2001, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 60, at Page 24. Also conveyed herewith is a 2003 General Jaguar Series 32 x 64 manufactured home, Serial No. 32-2460, which is permanently attached to and made a part of the real property. The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney’s fees, and the remainder if any shall be applied as provided by law. To the best of the undersigned’s knowledge and belief the property is in the possession of Dennis Montgomery and said property will be sold as the property of Dennis Montgomery subject to outstanding ad valorem taxes, and easements and restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt. Pursuant to a Power of Sale contained in a certain Security Deed executed by Warren J. Crane, hereinafter referred to as Grantor, with the singular including the plural, to Equity One, Inc., recorded in Deed Book 22-X, beginning at Page 694, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in February, 2003, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit “A.” Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Warren J. Crane. All that tract or parcel of land lying and being in the 245 District, G.M., Jackson County, Georgia, and designated as Tract 2 containing 0.01 acre, more or less, as shown by plat and survey of same of Gamble and Associates, Inc., Surveyors. Said plat being recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 45, Page 119. Pursuant to a Power of Sale contained in a certain Security Deed executed by Bettina Ginn and Philip Ginn, hereinafter referred to as Grantor, with the singular including the plural, to Eastern Savings Bank, FSB recorded in Deed Book 22-U, beginning at Page 44, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in February, 2003, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit “A.” Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Bettina Ginn and Philip Ginn. Beginning at an iron pin on the easterly side of U.S. Highway 441, 1725.7 feet southeasterly as measured along the easterly side of U.S. Highway 441 from the southeasterly corner of U.S. Highway 441 and Hoods Mill Road; thence north 78 degrees 58 minutes east 348.9 feet to an iron pin; thence running south 27 degrees 41 minutes east 324.2 feet to an iron pin; thence running north 81 degrees 18 minutes west 220.3 feet to an iron pin; thence running south 87 degrees 32 minutes west 173.5 feet to an iron pin; thence running north 27 degrees 41 minutes west 219.7 feet along U.S. Highway 441 to an iron pin and the point of beginning. Beginning at an iron pin on the easterly side of U.S. Highway 441, 1406 feet southeasterly as measured along the easterly side of U.S. 441 from the southeastern corner of U.S. 441 and Hoods Mill Road; thence running north 46 degrees 07 minutes east 219.5 feet to an iron pin; thence running south 82 degrees 57 minutes east 365 feet to an iron pin; thence running north 61 degrees 51 minutes east 176.9 feet to an iron pin; thence running north 15 degrees 27 minutes west 99.3 feet to a branch; thence running along the meanderings of a branch 504 feet to the Southern Railroad right of way; thence running south 36 degrees 07 minutes east 112.6 feet to a point; thence running south 37 degrees 55 minutes east 169.7 feet to a point; thence running south 26 degrees 02 minutes east 680.1 feet to an iron pin; thence running south 70 degrees 25 minutes west 756.2 feet to a rock; thence running north 81 degrees 18 minutes west 79.4 feet to an iron pin; thence running north 27 degrees 41 minutes west 324.2 feet to an iron pin; thence running south 78 degrees 58 minutes west 348.9 feet to an iron pin; thence running north 27 degrees 41 minutes west 319.7 feet along U.S. 441 to an iron pin and the point of beginning. All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, containing 2.00 acres, more or less, as shown on plat and survey of Venable & Associates Surveyors, dated August 29, 1985, and being recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 23, Page 212. Said tract is bounded on the North by Peachtree Road, East and West by Bates, et al, and on the South by O.L. Wiseley. For a more detailed description to said tract reference is hereby made to said plat as recorded. Subject to existing easements and rights of ways for public roads and utilities now in use. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 596 Peachtree Road, Jefferson, GA 30549 is (are): Marcia Moon fka Marcia Thompson or tenant or tenants. ALL THAT TRACT or parcel of land lying and being in Lot No. 4 and No. 5 of Survey for R.L. Sanders, City of Commerce, Georgia, Jackson County, Minish District on December 2, 1967, by James Edward Flanders, Registered Engineer and Surveyor and recorded in Jackson Superior Court, January 17, 1968, Plat Book No. 5, Page 183. Reference being made specifically to the above plat for better describing the property, the metes and bounds shown by said plat being incorporated herein by reference. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 146 Bennett Street, Commerce, GA 30529 is (are): Debra Anderson Johnson or tenant or tenants. Begin at a point located at the intersection of the Northeast corner of Mountain Creek Drive (Having a 40’ right-of-way) with the intersection of the Southwest corner of Georgia Highway 332, also known as Glenn Gee Road, (having an 80’ right -of-way) and run along the Northern right-of-way of Mountain Creek Drive, North 80 degrees, 52 minutes, 31 seconds West, a distance of 76.07 feet to a point located along said right-of-way; thence run North 83 degrees, 28 minutes, 26 seconds West a distance of 98.06 feet to a point; thence run North 85 degrees, 46 minutes, 04 seconds West a distance of 45.72 feet to an iron pin set; thence, leaving said right-of-way, run North 02 degrees, 15 minutes 40 seconds West a distance of 132.50 feet to an iron pin set; thence run North 29 degrees, 33 minutes, 45 seconds East a distance of 180.00 feet to an iron pin set; thence run South 59 degrees, 59 minutes, 33 seconds East a distance of 275.80 feet to an iron pin set along the right-of-way of Georgia Highway 332; thence run along said right-of-way south 30 degrees, 00 minutes, 00 seconds West a distance of 105.55 feet to a point; thence continuing along said right-of-way, run South 30 degrees, 49 minutes, 57 seconds West a distance of 100.49 feet to a point, said point being the true point of beginning. Said tract containing approximately 1.538 acres and more particularly shown on that certain survey for Sherman G. Williamson, by W. T. Dunahoo and Associates, Inc., W.T. Dunahoo, Georgia Registered Land Surveyor #1577, dated 8-9-96. Said property is commonly known as 176 Glen Gee Road, Pendergrass, GA 30567. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Sherann G. Williamson or tenant(s). All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, and being that 0.9656 acres, more or less, as more particularly shown on a plat of survey prepared for Tommy M. Stephenson & Rhonda Stephenson by Timberland Management Services, Inc., Registered Surveyor, dated January 23, 1990, recorded at Plat Book 33, Page 130, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is commonly known as 162 Hillcrest Drive, Commerce, GA 30529. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Tommy Michael Stephenson or tenant(s). All that tract or parcel in land lying and being in GMD 257, Jackson County, Georgia, being Lot 17, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, and is incorporated herein by reference for a more complete description. Said property is known as 331 Meadow Lark Way, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold as the property of Tracy Yurco, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Tracy Yurco, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Tract I: Beginning at a point in the center of Academy Church Road toward Academy Church, North 82 degrees 35 minutes west, 105 feet, to the point in the center of the county road, where this corners with other lands of C.F. Porter, thence North 13 degrees, 15 minutes East 418 feet to a stake, thence South 13 degrees, 15 minutes, West 418 feet to the beginning corner, containing 1.00 acres more or less. Tract 2: Beginning at a point in the center of Academy Church Road, in the Southwest corner of this tract of land, where this tract corners with lands of C.F. Porter, thence North 13 degrees, 15 minutes East, 418 feet to a stake, thence South 82 degrees, 35 minutes East, 105 feet to a stake, thence South 13 degrees, 15 minutes West, 418 feet to a point in the center of said County Road, thence along the County Road, thence along the County Road towards Academy Church, North 82 degrees, 35 minutes West, 105 feet to the beginning corner, containing one acre more or less. Reference Plat Book 4, Page 252. Reference Deed Book 4U-37 and 4L-50. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles Hayes or a tenant or tenants and said property is more commonly known as 890 Holders Siding Road, Jefferson, GA 30549. All that tract or parcel of land lying and being in GM District 455, Jackson County, Georgia being lot 72, Section Two, Rancho North Subdivision, as per plat for Charles E. Pinion and Charlie W. Pinion, as per plat recorded in Plat Book 33, Page 196, Jackson County, Georgia Records. To the best knowledge and belief of the undersigned, the party in possession of the property is Evelyn Burns or a tenant or tenants and said property is more commonly known as 185 Ridgewood Drive, Pendergrass, GA 30567. All that tract or parcel of land lying and being in the City of Commerce, Minish District, G.M. Jackson County, Georgia, and more fully described as follows: All of Lot No. Thirty-One (31) on Roosevelt Boulevard, in Hood Company Subdivision as per plat of Hood Orchard Company Subdivision recorded in Plat Book 2, Page 371, in the Office of the Clerk Superior Court, Jackson County, Georgia. This lot sold subject to Restrictive Covenants recorded in Deed Book 3-J, Pages 537-538, Office of Clerk of Superior Court of Jackson County, Georgia. To the best knowledge and belief of the undersigned, the party in possession of the property is Donald Abbott or a tenant or tenants and said property is more commonly known as 339 Roosevelt Boulevard, Commerce, GA 30529. All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 255th District, G.M., Jackson County, Georgia, containing 1.45 acres, more or less, and being more particularly described and delineated by plat of survey prepared for Robindra Lakhicharran and R. Michele Lakhicharran dated April 25, 1995, by Slate & Associates, Inc., certified by G. Brian Slate, GRLS No. 2629, recorded in Plat Book 45, Page 132, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. To the best knowledge and belief of the undersigned, the party in possession of the property is Robindra Lakhicharran and R. Lakhicharran or a tenant or tenants and said property is more commonly known as 204 B Wilson Road, Commerce, GA 30529. All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, and designated as Lot 10 as shown on plat and survey for Stonebrooke by Venable & Associates, Inc., Surveyors, dated March 1, 1996, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, in Plat Book 46, Page 242. Subject to protective covenants for Stonebrooke Subdivision, Phase III, as recorded in Deed Book 16-N, at Pages 588-589, Jackson County, Georgia Records. For a more detailed description to said lot, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use. To the best knowledge and belief of the undersigned, the party in possession of the property is Stephen Crawford and Leann Crawford or a tenant or tenants and said property is more commonly known as 18 Marty Way, Jefferson, GA 30549. Notice is given that Articles of Incorporation, which will incorporate C&S Custom Builders, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at 29 Doster Crest Road, Jefferson, Georgia 30549, and its initial registered agent at such address is Christopher L. Arnold. All creditors of the estate of Tamaron Yvonne Cowart, deceased, late of Jackson County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. All creditors of the estate of Michael Lee Rainey, Sr., deceased, late of Jackson County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me. This 3rd day of January, 2003. Notice is given that Articles of Incorporation, which will incorporate Braselton Family Memorial Cemetery Foundation, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at 230 Pinecrest Lane, Braselton, Georgia 30517, and its initial registered agent at such address is Herbert B. Braselton, Sr. Notice is given that Articles of Incorporation that will incorporate Baker Environmental Nursery, have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 949 Marshall Clark Road, Hoschton, Georgia 30548, and its initial registered agent at such address is Douglas R. Baker. Notice is given that Articles of Incorporation, which incorporates Ph Plumbing, Inc., have been delivered to the Secretary of State for filing, in accordance with the Georgia Business Corporation Code, the initial registered office of the corporation is located at 758 Lee Street, Jefferson, GA 30549, and its initial registered agent at such address is Michael W. Tuck. All that tract or parcel of land lying and being in the City of Arcade, G.M.D. 245, Jackson County, Georgia, containing 1.68 acres, more or less, and designated as Lot 4 as shown on the plat of survey of Rock Forge Acres, Unit Four, by W. T. Dunahoo and Associates, Inc., Surveyors, dated December 21, 1987, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 28, Page 143, which said plat and the recording thereof are by reference hereto incorporated herein for a more complete description. To the best knowledge and belief of the undersigned, the party in possession of the property is Rickie E. Beasley or a tenant or tenants and said property is more commonly known as 299 Rock Forge Lane, Jefferson, GA 30549. All that tract or parcel of land situate, lying and being in the 255th District, G.M., Jackson County, Georgia, and being known and designated as Lot 4, Block E, Section 2 of Highland Estates as shown on a plat of survey entitled “Survey for Donald Thomas,” prepared by Paul & Evans Land Surveying, Inc., certified by Gregory J. Evans, Georgia Registered Surveyor No. 2541, dated February 25, 1998, and being of record in the Office of the Clerk of the Superior Court for Jackson County, Georgia in Plat Book 52, Page 144, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. in possession of the property is Donald A. Thomas or a tenant or tenants and said property is more commonly known as 302 Highland Estates Drive, Commerce, GA 30529. All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, and being that 15.00 acres, more or less, designated as Tract 1 on a plat of survey prepared for Olin Dillard & George Dillard by Max Lewallen, Registered Surveyor, dated June 30, 2001, recorded in Plat Book 58, Page 204, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. To the best knowledge and belief of the undersigned, the party in possession of the property is M. Olin Dillard aka Michael Olin Dillard and George C. Dillard aka George Chandler Dillard or a tenant or tenants and said property is more commonly known as 1998 B Wilson Road, Commerce, GA 30529. All that tract or parcel of land lying and being in the 245th GMD, Jackson County, Georgia, being Lot 9, Unit I of Ocajhee & Farnettes, Inc., as per plat recorded in Plat Book 6, Page 356, Jackson County Records, which plat is made a part hereof by reference, bounded on the south by P.J. Roberts, on the east by Lot 10, on the south by Jackson Way and on the west by Lot 8, together with the right of ingress and egress across Venture Lane as a private road. This is not a county road and will not be county maintained. To the best knowledge and belief of the undersigned, the party in possession of the property is John Bryant, Stacia Davis, a.k.a. John D. Bryant, a.k.a. Stacia M. Bryant and a.k.a. Stacia M. Davis or a tenant or tenants and said property is more commonly known as 335 Jackson Way, Jefferson, GA 30549. All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being designated as Tract No. 3, containing 10.0 acres, more or less, as shown on plat of survey prepared by W.T. Dunahoo and Associates, GRLS, dated April 10, 1999, recorded in Plat Book 53, Page 299, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description. which has the property address of 3737 Jefferson River Road, Jefferson, GA, together with all fixtures and other personal property conveyed by said deed. Said property will be sold as the property of William E. Mosley and Leonetti C. Mosley and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Tract 2C (1.537 acres), on a survey from Alfred Borders of Lot 2 of the E.D Borders Estate, surveyed by David J. Baggett, R.L.S #274C, dated January 12, 1998, as recorded in Plat Book 53, Page 197, Jackson County Records. which has the property address of 641 Rucker Road, Jefferson, GA, together with all fixtures and other personal property conveyed by said deed. Said property will be sold as the property of Brenda Martin and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. WHEREAS, nBank, N.A., has forwarded to K. Scott Llewallen the notice required by O.C.G.A. § 44-14-162.2. ALL that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia and the 255th District, Jackson County, Georgia, being shown and designated as TRACT NO. 4, containing 14.12 acres, more or less, and having such areas, courses, directions, dimensions, distances, metes, shapes, and bounds as shown by plat made by Clelland A. Tyson, Surveyor, dated April 23, 1993, recorded in Plat Book 18, at Page 14, records of Banks County, Georgia and Plat Book 40, at Page 207, records of Jackson County, Georgia, to which reference is made and the description and record thereof incorporated herein as a part of this description by reference thereto. Said property lies within the corporate limits of Maysville, Georgia. This property is conveyed subject to any and all easements and rights of way of record. 1. No home less than 1500 square foot may be erected. 2. There shall be no modular homes or mobile homes on said property. 3. The no poultry or hog operations shall be erected or operated on said property. The above described tract of land being a portion of the property conveyed to Tommy Watkins Construction Company, Inc. from Arthur Dean Sears and Virginia Sears Land in Warranty Deed dated July 17, 1992, recorded in Deed Book 73, at Page 121, Banks County Records and Deed Book 12-O, at Page 7, Jackson County Records. Of the property conveyed, 0.91 acre lies in Banks County and 13.21 acres lies in Jackson County. The proceeds of said sale will first be applied to the payment of the indebtedness to nBank, N.A., other charges, and the expenses of sale, as provided in the Deed to Secure Debt, and the balance, if any, shall be applied or distributed as required by law. To the best of the knowledge of nBank, N.A., the property is in the possession of K. Scott Llewallen. The sale will be subject to outstanding and unpaid taxes, street improvements, easements and covenants appearing of record. All that tract or parcel of land lying and being in the 245th GMD Jackson County, Georgia, as Tract #2 and Tract #1 on a plat prepared by W.T. Dunahoo, registered surveyor #1577 dated October 25, 1971, and entitled “Survey for H.W. Brewer” and recorded in the Office of the Clerk of the Superior Court Jackson County, Georgia Plat Book 7, Page 120, which said plat and the recording are hereby incorporated herein by reference for a more complete and detailed description. The advertisement and foreclosure sale are allowed pursuant to an Order of the United States Bankruptcy Court in Case Number 02-20911, terminating the automatic stay. To the best knowledge and belief of the undersigned, the party in possession of the property is Myrtle Brewer or, a tenant or tenants, and said property was or is commonly known as 24 Doster Rd, Jefferson, GA 30549. All that tract or parcel of land lying and being in the 1765th District of Jackson County, Georgia, and being Lot 14, Block D, Phase/Section II of the Vineyards Subdivision, as according to plat thereof recorded in Plat Book 29, Page 144, Records of Jackson County, Georgia, which plat is by reference incorporated herein and made a part of this legal description. The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of paying said debts and all expenses of this sale, including attorney’s fees, notice having been given. This property will be sold as the property of Phillip D. Patterson and is subject to any outstanding taxes, easements, and assessments appearing of record. Jones, Morrison & Womack, P.C. Beginning at an iron pin located on the southwesterly right-of-way line of Unity Church Circle, which pin is located 1.20 miles in an easterly direction from Unity Church Road; thence from said point of beginning along the southwesterly right-of-way line of Unity Church Circle as follows: South 60° 24’ 38” East 13.02 feet; South 56° 23’ 44” East 48.39 feet; South 38° 30’ 35” East 31.04 feet; South 26° 15’ 12” East 39.55 feet; South 20° 42’ 54” East 47.26 feet; South 20° 08’ 19” East 20.74 feet; thence leaving said right-of-way and running South 69° 51’ 41” West 115.17 feet to a point; thence North 26° 46’ 22” West 75.12 feet; thence South 63° 13’ 38” West 88.00 feet to a point; thence South 49° 59’ 30” West 70.00 feet to a point; thence South 26° 46’ 22” East 100.00 feet to a point; thence South 49° 59’ 30” West 487.65 feet to a point; thence South 80° 22’ 52” West 133.13 feet to a point; thence North 09° 37’ 08” West 100.00 feet to a point; thence North 80° 22’ 52” East 87.12 feet to a crimped top pin set; thence North 49° 59’ 30” East 608.43 feet to a crimped top pin set; thence North 53° 10’ 51” East 55.84 feet to a point on the centerline of a driveway; thence along the centerline of said driveway as follows: North 13° 05’ 58” East 17.92 feet to a point; North 03° 15’ 31” West 40.33 feet to a point; thence leaving said driveway and running North 30° 27’ 08” East 19.01 feet to a point; thence North 48° 13’ 18” East 28.28 feet to a point; thence North 48° 13’ 18” East 12.30 feet to a point on the southwesterly right-of-way line of Unity Church Circle, and being the Point of Beginning. The debt secured by said Deed to Secure Debt is in default based, inter alia, on the failure to pay the installments when due pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney’s fees and foreclosure in accordance with legal requirements and as specified in the Deed to Secure Debt and Note, but the indebtedness remains in default. The sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness of the Deed to Secure Debt, accrued interest, expenses of sale and other sums secured by the Deed to Secure Debt including attorney’s fees, and the remainder of any shall be applied as provided by law. The property will be sold as the property of Carol Stanley, subject to ad valorem taxes and any matters which might be disclosed by an accurate survey and inspection of the premises, any assessments, liens, easements, restrictions, covenants and matters of record superior to the Security Deed. The undersigned will execute a Deed to the purchaser as provided in the Deed to Secure Debt. The Mayor and City Council of the City of Nicholson, Georgia, will hold a public hearing January 21, 2003, at 7:00 p.m. in the Nicholson City Hall. The purpose of the public hearing will be to discuss several ordinances: Minimum Standard Codes; Discharging Firearms, Air Guns, Etc.; Residential Development Regulations; Landfills and Junkyards; and Domestic Animals. All citizens are urged to attend. Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the general office of the Department of Transportation, 2 Capitol Square, Atlanta, Georgia 30334, until 11:00 a.m., January 24, 2003, and publicly opened. 0.135 mile of construction of a bridge culvert and plant mix resurfacing on CR 248 (Harmony Church Road) beginning west of Pond Fort Creek and extending east of Pond Fort Creek. 1. HV-03-01 John Buchanon to request a variance for the City of Hoschton sign ordinance for multi-tenant business center on Hwy. 53. 1. RZ-02-62 Chad McDaniel to rezone property (10 acres) on Brock Road from A-2 to R-1 for the purpose of 10 single-family site-built home lots. 2. RZ-02-67 James Terrell Sears to rezone property (1 acre) on Hope Road from A-2 to B-1 for the purpose of an auto repair shop. 3. RZ-03-01 Wesley Irwin to rezone property (1.024 acres) on Jefferson Hwy. from A-2 to B-1 for the purpose of automobile service station and convenience store. 4. RZ-03-02 Jewell Parr to rezone property (6.28 acres) on Jefferson River Road from A-2 to M-H for the purpose of splitting property into four lots. 5. RZ-03-03 Select Brokers to rezone property (35 acres) on New Cut, Curt Roberts, and Davenport Roads from A-2 to R-1 for the purpose of 30 single-family site built homes. 6. RZ-03-04 Mark Everson to rezone property (5.053 acres) on Dry Pond Road from A-2 to I-1 for the purpose of three individual lots to occupy 10,000 sq. ft. bldg. on each lot. 7. RZ-03-05 Martha Jo Gibbs to rezone property (3 acres) on Mangum Lane from A-2 to B-1 for the purpose of an auto repair shop. 8. RZ-03-06 Jack Dunagan to rezone property (14.228 acres) on Savage Road from A-2 to A-R for the purpose of one single-family site built home on 9.228 acres and 5 acres to be sold. 9. RZ-03-07a, 7b, and 7C Tina McDaniel to rezone property (3.15, 10.00 and 10.00 acres) on Hwy. 124 from A-2 to R-1 for the purpose of 23 single-family site built home lots. 10. RZ-03-08 Bob Wollaston to rezone property (3.571 acres) on GA Hwy. 15 from A-2 to R-1 for the purpose of donating to the Jackson County Habitat for Humanity. 11. RZ-03-09 Marion R. Hardy to rezone property (1.17 acres) on Jackson Trail Road from A-2 to B-2 for the purpose of a cafe inside of the Mary’s BP store. I. The name of the corporation to be dissolved is “Braselton Improvement Co.” (the “Corporation”). II. The dissolution of the Corporation was authorized on September 20, 2002. III. The dissolution of the Corporation was approved by the shareholders pursuant to O.C.G.A. § 14-2-1402. The petition of James L. Brooks, for a year’s support from the estate of Saralene Brooks, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before February 3, 2003, at 10:00 a.m., why said petition should not be granted. Julian David Fleniken has petitioned to be appointed Administrator of the estate of Joseph Gerard Fleniken, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before February 3, 2003. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. The undersigned hereby certifies that its business address is located at 1201 Peachtree Street, N.E., in the City of Atlanta, State of Georgia under the name: Harvest States, and that the type of business to be conducted is a fully integrated agricultural foods cooperative providing a wide variety of products and services ranging from grain marketing to food processing to meet the needs of consumers around the world and that said business is composed of the following corporation: Cenex Harvest States Cooperatives, 5500 Cenex Drive, Inver Grove Heights, MN 55077. This affidavit is made in accordance with the Act of the Georgia Legislature approved August, 1929; amended March, 1939; and March, 1943. Pursuant to Article III, §V, ¶IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. §28-1-14, notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia local legislation to create a new charter for the Town of Braselton; to provide for the incorporation of the Town of Braselton; to provide for the corporate limits; to provide for the corporate powers; to provide for a Mayor and Town Council; to provide for a Town Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matter relative to the foregoing; to repeal an Act to incorporate the Town of Braselton, as adopted on August 21, 1916; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. §28-1-14 a copy of the proposed local bill is being provided to the respective governing authorities at the time this notice is being published. This 13th day of January, 2003. Notice is given that Articles of Amendment, which will change the name of Davidson, Hopkins & Booth, P.C. to Davidson, Hopkins & Alexander, P.C., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 106 Washington Street, Jefferson, Georgia 30549. You are hereby notified that the above-styled action seeking legitimation of your minor child was filed against you in said court on October 30, 2002, and that by reason of an order for service of summons by publication entered by the Court on January 8, 2003, you are hereby commanded and required to file with the clerk of said court and serve upon Wanda B. David, petitioner’s attorney, whose address is 88 Washington Street, Jefferson, GA 30549, an answer to the Petition within sixty (60) days of the date of the order for service by publication. Witness, the Honorable David Motes, Judge of said Court. This the 8th day of January, 2003. To: Benny Paul Crawford, Jr. It appearing in the petition that your last known address was in Jackson County, Georgia, it is Ordered that unless within 30 days hereafter you file (1) a petition to legitimate your child, and (2) file notice of such filing with the Catoosa County Superior Court and the attorney for the Petitioners, that you will lose all rights to your child and will neither receive notice nor be entitled to object to the adoption of your child. Notice is hereby given that the undersigned filed a petition in the Superior Court of Jackson County, Georgia, on January 8, 2003, to change the name of the petitioner from Connie Brown Jarvis to Connie Anita Brown. Notice is hereby given to any interested or affected party to appear in said Court and to file any objections to such name change within thirty (30) days of the date of the filing of said petition. This 8th day of January, 2003. Notice is given that Articles of Incorporation that will incorporate Jackson County River Ridge Homeowners Association, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Non-Profit Corporation Code. The initial registered office of the corporation is located at 186 Streamside Drive, Pendergrass, Georgia 30567, and its initial registered agent at such address is Norman Peters. Notice is given that Articles of Incorporation that will incorporate 4 Seasons Lawn Service, Inc., have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 219 Summit Heights Drive, Nicholson, Georgia. The initial registered agent at that address is Dennis Alan Purvis. Notice is given that Articles of Incorporation, which will incorporate Hunting Heritage Coalition, Inc., will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation shall be located at 262 Shankle Heights, Commerce, Jackson County, Georgia 30529, and its initial registered agent shall be Hilton Purvis, 362 Shankle Heights, Commerce, Georgia 30529.

2019-04-23T18:21:21Z

http://www.mainstreetnews.com/Arch/03/0115/LegalsJackson.html

My Lords, with the leave of the House I will repeat a Statement made earlier today in the other place by my right honourable friend the Secretary of State for Housing, Communities and Local Government on the provisional local government finance settlement 2019. “With permission, Mr Speaker, I wish to make a Statement on funding for local authorities in England next year. Every day, these councils and the many hard-working, dedicated people who work for them do their communities proud, delivering the essential services on which we all depend and making a difference to every life they touch. It is a privilege to be working with and representing these communities. In doing so, I am determined to ensure that they get the resources and support to rise to new opportunities and challenges, to grow their economies and to ensure that there is opportunity for all, with no one left behind. The draft local government finance settlement being published today is an important step towards this. Provisional local authority funding allocations will be subject to further review before final settlement, in line with my department’s usual processes. This provisional settlement confirms that core spending power is forecast to increase from £45.1 billion in 2018-19 to £46.4 billion in 2019-20—a cash increase of 2.8% and a real-terms increase in resources available to local authorities. I am in no doubt about how challenging it has been for councils to drive efficiencies as they contributed to helping rebuild our economy and tackle the deficit we inherited from Labour. That is why I am delighted that the Budget committed around £1 billion of extra funding for local services, with a strong focus on supporting some of our most vulnerable groups. This includes £650 million for adults’ and children’s social care in 2019-20. Of this, £240 million will go towards easing winter pressures, with the flexibility to use the remainder —£410 million—for either adults’ or children’s services and, where necessary, to relieve demand on the NHS. This is on top of the £240 million announced in October to address winter pressures this year. In addition, the Budget pledged an extra £84 million over the next five years to expand our children’s social care programmes to support more councils with high or rising numbers of children in care. This builds on the good work that my department is already doing through the troubled families programme to improve all services for families with complex problems. The Budget also provided a very welcome boost for our high streets via a £1.5 billion package of support, including a business rates discount worth almost £900 million and a £675 million future high streets fund to help them adapt and thrive in changing times. In addition, there is a further £420 million to repair and improve our roads this year. I know and recognise the pressures of social care. I have been working with the Health and Social Care Secretary to take this forward, and the Government will soon be publishing a Green Paper on the future of social care. This is a complex issue and we are working with local authorities, drawing on their front-line insight and intelligence to ensure that we get this right. We have taken this approach across the board, listening carefully to what councils of all shapes and sizes across the country are telling us, and responding. I express thanks to my Ministers—especially the Minister for Local Government, my honourable friend the Member for Richmond—for all their work on this. As a result, I can confirm that I will increase the rural services delivery grant by £16 million in 2019-20 to maintain it at last year’s level. This recognises the extra cost of providing services in these communities. In addition, I am keen to provide continuity and stability, where this makes sense, by committing up to £20 million to maintain the new homes bonus baseline at 0.4% in 2019-20 to ensure that we continue to reward councils for delivering the homes we need. There will also be no change to the council tax referendum limits set for local authorities in 2018-19, aside from further flexibility offered on the police precept level. Authorities will have the flexibility to increase their core council tax requirement by up to 3% and can draw, as needed, on the adult social care precept to meet demand for services. But local residents will continue to be protected and will be able to approve or veto any excessive rises in a referendum. Measures that I have agreed with the Home Secretary to allow police and crime commissioners to increase the police precept to £24 will also help them tackle the changing demands they face. I am also conscious that so-called “negative RSG” remains an issue in certain areas. Having consulted on options for addressing this, I am pleased to announce that we intend directly to eliminate the £152.9 million of negative RSG in 2019-20, using foregone business rates. This will prevent any local authority being subject to a downward adjustment to its business rate tariffs and top-ups that could act as a disincentive for growth. We committed to finding a fair and affordable way of resolving this issue and I am confident that this approach delivers on that. So we have been listening and acting on what we hear. Nowhere is this more true than when it comes to answering calls from councils, over many years, for more control over the money they raise. Our plans to increase business rates retention to 75% from 2020 does that and more, giving local authorities powerful incentives to grow their local economy. Under the current scheme, councils estimate that they will receive around £2.4 billion in business rates growth in 2018-19—a significant revenue stream on top of the core settlement funding that I am unveiling today. It is therefore no wonder that councils are queuing up to get involved in the pilots that we have been running to test the new approach. I am delighted to announce that, in 2019-20, 15 new pilots will get under way in Berkshire, Buckinghamshire, East Sussex, Hertfordshire, Lancashire, Leicestershire, Norfolk, Northamptonshire, North and West Yorkshire, North of Tyne, Solent authorities, Somerset, Staffordshire and Stoke, West Sussex and Worcestershire. We will also be piloting 75% rates retention in London and continuing existing pilots in devolution deal areas. I am also pleased to announce that every authority in England stands to reap the rewards of increased growth in business rates income, which has generated a surplus in the business rates levy account in 2018-19. We are proposing to distribute £180 million of levy surplus to all councils, based on need. I am aware of a few authorities which continue to undertake significant borrowing for commercial purposes. I share the concern of CIPFA and others about the risks to which these local authorities are exposing themselves and local taxpayers. We are considering with HM Treasury what further interventions may be required. We are also launching today two further consultations on reforms to the business rates retention system and on the new approach to distributing funding through the review of relative needs and resources. There is little doubt that the current funding formula needs fixing and replacing with a robust, straightforward approach where the link between local circumstances and resources allocated is clear. With these consultations, we are making important progress towards this and towards a stronger, more sustainable system of local government. Mr Speaker, 2019 is shaping up to be a big moment for local government, drawing together our plans for a new approach to distributing funding and increased business rates retention, as well as the upcoming spending review. No one knows their local area like the councils that are at the heart of their communities. We are supporting them to harness that vast local knowledge and those networks not only to make the best of available resources and increase efficiency but to innovate and improve the way they deliver services. We are working with local authorities and departments across government to gain a better understanding of how best to promote efficiency. Using this, we will develop a package of support to help councils become more efficient and get better service outcomes. We will launch a continuous improvement tool in spring 2019 and are championing authorities that put communities at the heart of service delivery. The smarter use of technology is clearly pivotal to this and has the potential to be genuinely transformative. That is why the digital declaration launched by my honourable friend the Minister for Local Government to share and spread best practice in this area is so important. It is backed by a £7.5 million local digital innovation fund. I am delighted to say that the first successful bids were announced last week to kick-start projects, led by councils, to promote service transformation. There is so much excellent, inspiring work under way in our local communities, and it is right that we get behind it and have faith in the authorities which, day in, day out, always deliver. This settlement and the extra funding announced in the Budget reaffirm that faith, delivering a cash-terms increase of 2.8% and a real-terms increase in spending for local authorities in 2019-20; delivering extra support for the vulnerable, for quality public services, for our high streets and for local economic growth; and paving the way for a fairer, more self-sufficient, more resilient future for local government and a brighter future for the people and places it serves. As such, I commend this settlement to the House”. My Lords, I first thank the noble Lord, Lord Bourne of Aberystwyth, for repeating the Statement given by his right honourable friend the Secretary of State in the other place earlier today. I draw the House’s attention to the fact that I am a vice-president of the Local Government Association. This is our ninth year of austerity, and services in most areas of local government are at crisis point. We should be very grateful to all the people who work in local government, and I pay tribute to all they do—grappling to help people in crisis, and trying to deliver services while coping with unprecedented reductions in the finance available to them to deliver those services. I also pay tribute to local councillors of all political parties and none for the work they do delivering for their local communities. We thank them very much for that. The underresourcing of local government has seen the sector lose 60p in every pound of central government funding. Those are not my figures but those of the Local Government Association. What puzzles me with this and with previous local funding settlements is that areas with the greatest deprivation and poverty, and consequently the greatest demand for services, have often seen the heaviest cuts. That is continuing with this settlement. The Government’s approach, as we have heard from the Minister again here today, is to shift the burden on to council tax. As I said earlier, this is a regressive tax. I do not believe it is fit for purpose, and it is in desperate need of reform. Areas with the greatest need just do not have the ability to raise as much money as wealthier areas, and there is just no value in collecting the money from this most unfair and unsuitable tax. Can the Minister confirm how much of the 2.8% he has announced will actually be raised through council tax rather than from central government funding? Does he agree that this is a less than satisfactory situation, placing further burdens on residents when they can ill afford another tax rise? How will the Minister address this? The Minister is well aware that councils deliver much more than the bare legal minimum, and any suggestion that they should deliver only statutory services is completely ludicrous. Perhaps he could help local government outline which services local authorities should stop providing, as has been suggested. Can the Minister confirm how much of what he has announced today was already announced in the Chancellor’s Budget? Could he highlight for the House what is actually new here? On business rates, it is absolutely clear that the Minister and his department are presiding over the destruction of the high street. Nothing he said today is going to help us on that. The noble Lord, Lord Naseby, is not in his place, but I know that if he were here today he would be supportive on this, because he has said many times, as we know, that something has to be done about business rates. The Government have to address the issue; they are destroying the high street, and something must be done. On adult social care, the Local Government Association says it needs £1.3 billion next year and £2 billion for children’s services, yet the Secretary of State has re-announced £650 million for both—not only that, but it may be shared with the NHS. Can the Minister clarify how this is going to be split between services for adults, children’s services and the NHS? The Secretary of State says he is working with the Health and Social Care Secretary to publish a Green Paper on social care. Given the pressures that councils face and the real heartbreak and misery experienced by service users, can he tell us when this can be expected? The fact that social care is in crisis, and that the promised Green Paper has been delayed four times, is a matter of much concern. If I am right, the paper is now more than a year late. On public health, we have seen this week that health inequalities are widening, with life expectancy going backwards in the poorest areas of our country after several million pounds of cuts to public health budgets and more cuts to come next year, all falling disproportionately on the poorest areas. Two years ago, on the steps of Downing Street, and again last night, the Prime Minister promised to build a country that works for everyone. But the reality is that food bank use has increased to the highest rate on record and child homelessness has increased to the highest levels in recent years, with 130,000 children in temporary accommodation this Christmas. The UN special rapporteur on extreme poverty and human rights warned that local authorities have been gutted by a series of government policies. This is a very disappointing Statement from the noble Lord. I would be delighted to hear a response from the Minister from the Dispatch Box, but I am conscious that I have asked a number of questions. I would therefore be happy to receive a response in writing. My Lords, I remind the House of my interests as a vice-chair of the Local Government Association and a councillor in Kirklees. I thank the Minister for repeating the Statement on the local government settlement. I am not, however, able to thank him for its content. “I am determined to ensure that they get the resources and support to rise to new opportunities and challenges … with no one left behind”. “97% of total cuts in spending in areas like adult social care, child social care and housing have fallen on the poorest 20% of councils. This is despite those areas also having a higher number of people in need”. Will the Minister explain, in the light of this research, how no one is being left behind? There is universal agreement that there is a crisis in social care funding. The Local Government Association estimates a £3.5 billion gap in funding for adult social care by 2025. Just how this huge gap will be filled is yet to be decided, as the Green Paper on the funding of social care that was first promised in 2017 has yet to be published. Meanwhile, adults are not getting the care they need. What is particularly galling is the Government’s announcement of £650 million, given that the vast majority of it is destined to support NHS budgets. The Statement makes no reference to one of the largest financial pressures on councils’ budgets: the national pressure on education, health and care plans and statements. From 2014, there has been a 45% rise in the number of young people requiring an EHC plan. As an example, in my own authority of Kirklees, in 2014 there were 1,900 EHC plans or statements. Based on current trends, this is expected to rise to 3,300 by 2022—a 70% increase—while funding for these young people will rise by an estimated 12%. I welcome business-rate support for town-centre retailers, but I have to point out that this is a sticking-plaster approach when a more radical reform of business rates is desperately needed. I also welcome the additional allocation of £420 million for pothole repairs. The national estimate of what is needed is £9.3 billion. However, what is really needed is a significant increase in capital funding, as a government-funded grant, so that councils cannot just fill and pack but use funding more effectively by completely resurfacing crumbling roads. On council tax rises, we no longer hear government Ministers standing up for the “hard-pressed council tax payer”. The reason is clear: the Government have adopted a policy of pushing the costs of local spending on to the council tax payer. In the past three years this will have resulted in a 14% rise, which is obviously well above both inflation and average income rises. Council tax is regressive. It is not linked to ability to pay so the consequence of these successive, well-above-inflation rises is that those least able to pay are seeing a rapidly rising tax demand coupled with rapidly decreasing local services. Perhaps the Minister will be able to assure me that the Government recognise that this is the case and that they once again want to help the hard-pressed council tax payer. My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, for their contributions from the Front Benches. I shall deal with their contributions and, in so far as I miss anything or I am unable to answer, I will certainly write to them and place a copy in the Library. I agree with the noble Lord, Lord Kennedy, about the challenging scenario—that is undoubtedly true—and I join him in the tribute that he paid to the local authority workers up and down the country. As he rightly said, they do a terrific job, as do the councils of all parties and no party. They are essential to the democracy and the system that we operate in the United Kingdom. The noble Lord referred to deprivation. In the Statement that I repeated, I made the point that the surplus in the business rates levy account is going to councils based on need. It is a point worth making that it is explicit that it is based on need. We operate a system of equalisation and that is inherent to the system so, although it is a regressive system, a corrective mechanism applies, as I am sure noble Lords will in fairness note. Both the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, made notes about the importance of the council tax contribution, which I fully recognise and acknowledge, but they should recall that there is a referendum limit and that an excessive increase has to be put to the electorate. As far as I can recall, this has not happened recently but it is open to councils if they want to do so; the effect otherwise is to keep council tax levels down. The noble Lord referred to statutory services. Local authorities provide them par excellence, but it is worth noting that they go beyond that. We all know from our own and local authorities up and down the country what a great job they do. He also referred to the need for help for the high street within the system. Again, I mentioned that a £1.5 billion package of support for the high street has been announced and is within the system. The noble Baroness acknowledged some of the help that is going there. I recognise that it is a challenge but it has been taken up by the Budget and within this Statement on the local government settlement for the next year. I appreciate that some of this has already been announced but it is a requirement that we do this so that councils up and down the country know expressly what they have got to finance services for the next year. Both the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, referred to the existing social care and NHS challenge and the £650 million that has been committed for the next year. It is a significant sum and, yes, some of it will go to the health service. The reason for that is that it is far more expensive to supply an NHS bed than a place in a social care residence. Therefore, it is desirable that we do that. That is why it is important that our social care review is not just about the financing but the modelling. It is important that we can see the interaction between the two. We all clearly understand it and it is not necessarily easy to deal with, but that is something with which we must grapple. Although this point was not made expressly by either noble Lords, your Lordships should be aware that the business rate retention applies throughout London and thus in the noble Lord’s area. We have pilot schemes running at 75%, and in Kirklees—North and West Yorkshire has a pilot scheme operating as well. In North and West Yorkshire, if the pilot pool achieves the same level of growth in 2019-20 as happened last year, the area could expect to see an additional £83.2 million compared with the baseline funding level, of which £26.4 million would be as a result of the 75% pilot. It is worth acknowledging these additional factors. Yes, there are challenges and there are areas where we wish we could do more, road repairs being one, but that is not a problem which has suddenly arisen. Successive Governments have struggled to keep up with the costs. However, in the round, this is a good settlement. It is a real-terms increase across the board, not just a cash increase, and there is much good news in the Statement. My Lords, I declare my interests as set out in the register: I am the leader of South Holland District Council and chairman of the Local Government Association. I am sure that my noble friend the Minister is probably not keen on me standing up to speak, but for once I will say that this is a good settlement. I have been dealing with these settlements for eight years, and this is the first time that most of our members are complaining that the size of the increase is not enough. In the previous seven years, they all moaned about the size of the cuts. It would be churlish not to acknowledge that at least this is the start of a move in the right direction. The Government should be commended for recognising that we are at the bottom of where we can be. It is not inefficiencies that are driving additional costs in local government, it is the extra demands being made on services. Some 1,000 extra children a day are being looked at, and there are 5,000 requests for adult social services a day. These are huge costs. However, if we do not get the social services stuff right, all of those costs then fall on the health service. The Minister has already acknowledged that a social services bed is much cheaper than a national health bed. So it makes sense from the taxpayer’s point of view to ensure that we invest as much as possible in preventive social care, rather than in acute care to fix whatever has been broken. It might be a good idea if someone figured out how much of the extra £20 billion that the health service is getting would be better directed towards adult social care, in order to prevent the health service having to take that on. Both Secretaries of State appear to be looking at this. Will the Minister agree to go back to the department and get his colleagues to lobby every other spending department that gives small sums of money to local government? Let us not let those departments think that they can freeze those sums, and make sure that they are increased at least in line with inflation, because that will put additional funding into the hands of local government. My Lords, I thank my noble friend and he is right to say that on occasion, my heart is in my mouth when he gets up to speak, but I always recognise the fairness with which he addresses the issues. I also understand that he speaks from the front line. I recognise, as we all do, the pressures that are on local government. As I say, we really commend the work being done by councillors up and down the country. I think he is being fair when he says that this is a good settlement. I also think he is being fair when he says that we have had some challenges in the past. Perhaps this has to be set against the background of what will be a significant year, because of the business rate retention scheme coming on line, fair funding being looked at and the spending review—outside of what the Chancellor has said is the end of austerity. Given that, we should expect things to ease. It would be absolutely right to accede to the request of the noble Lord. It is beyond my pay grade to speak to Secretaries of State on an equal basis, but I will certainly pass on to my right honourable friend the Secretary of State his view that other spending departments should be encouraged to look at what they can do because of the demands being made on local government. The noble Lord, Lord Porter, said that the challenges are due to increased demand rather than inefficiencies. I accept that, which is why the digital declaration in the Statement is particularly important, as is the announced £7.5 million local digital innovation fund, which provides transformation funding for the town planning system in Southwark—the area of birth of the noble Lord, Lord Kennedy. Other similar announcements were made in Birmingham, to look at the way in which Amazon’s Alexa or Apple’s Siri can help with the delivery of some services. We have to think outside the box in innovative ways to make the most of digital services. That point was made in relation to the earlier Statement on police funding. My Lords, despite the Minister’s warm words, is it not the case that by 2020, there will have been a reduction in core funding for local authorities of some £16 billion over the previous decade? Is it not the case that local authorities currently house 79,000 people in temporary accommodation, including 120,000—perhaps even 130,000—children, that they deal with almost 5,000 social requests every day and that 8,000 are being affected by the withdrawal or closure of care homes? Is this not austerity writ large? How would the Minister describe the life chances of young people caught up in this? My Lords, the noble Lord paints a gloomy picture that does not take account of the current year which, as I said, is a good settlement. I am sure that the noble Lord would acknowledge that. I spoke about the tough decisions and challenges of the past decade, which have coincided almost entirely with the period of austerity that followed the deficit we inherited. We can debate who was responsible for that, but in fairness the noble Lord must acknowledge that massive challenges had to be faced. At last we are coming out of that. I know that there are housing challenges; in the department, we are seeking to meet them with some imaginative proposals on affordable and social housing, certainly in relation to rough sleeping. Social care is a challenge, which is why we committed the £650 million referenced in the Statement. I recognise that we have to do more for the life chances of people up and down the country who deserve a good start in life. That is why local authorities are to be commended on their massive job throughout what has been a difficult period. However, the period has come to an end and we are coming out of it with today’s Statement. “significant amount of borrowing for commercial purposes”. “CIPFA and others about the risks that these local authorities are exposing themselves and local taxpayers to”. Could the Minister write to me, telling me which authorities those are? Could he also tell me what further interventions might be considered? I should declare my interest as a vice-president of the Local Government Association. My Lords, I thank the noble Lord for that valuable point. I asked questions about that when I saw the draft Statement. First, I should reassure noble Lords that I do not think that there is any cause for concern at this stage. As I understand it, there are proposals on behalf of some local authorities and one can understand that, where this involves borrowing, it might cause concern because it would be unfair to place this on local authorities and council tax payers if it were to turn south. As the noble Lord—quite understandably—requested more clarification, I will write to him and place a copy in the Library. My Lords, I declare my shareholdings as in the register. As it happens, they are in both retail and digital. I also welcome the overall settlement and the real-terms cash increase of 2.8% announced by my noble friend, particularly at a time of growing demands and a growing population. But, to be blunt, I am not happy with the Budget settlement on business rates and on high streets—and I suspect that my noble friend might share some of my concerns. Large companies such as Debenhams at the heart of my local town of Salisbury need help with their physical outlets, given the ever-growing vibrancy of digital sales and the digital economy. Better transport is also important to our towns and cities, and indeed to productivity. Could my noble friend give me some examples of towns where the £420 million that the noble Baroness, Lady Pinnock, mentioned will make a difference—and not just to potholes? My Lords, I thank my noble friend for the points that she makes and the general welcome she gives to the settlement, which is fair and right. I acknowledge the challenge faced by the high streets. I am sure she would acknowledge the help announced in the Statement relating to them. Part of this is because of the changing nature of the high street. We cannot, Canute-like, stand in the way of that. What we can do is look at the position relating to the taxation of digital and online sales. My right honourable friend the Chancellor has announced that he is looking at this. I will not name the companies; we all know them. This is a way to deal with that. It is not inherent to the Statement on local government because that does not relate to general taxation policy. On money for roads, it is for local authorities to determine how they can repair and improve their roads. There will be more detail on that spending and how that money will be distributed to local authorities in an additional Statement that I hope will supply the information my noble friend needs. Lastly, my noble friend rightly mentioned Salisbury as an important town affected by policy on the high street. It is remarkable how resilient Salisbury has been throughout the difficult period after the Novichok incidents. The Government have given support to Salisbury to help it through, and I have been in touch with the cathedral on a fairly regular basis to see how the community is faring. My Lords, I remind the House that I am an elected district councillor. Although I am not as excited by the settlement as other noble Lords, my council benefits from a bit of Maundy money above what it thought it would get. Does the Minister understand that when people talk about the council, look at their council tax bill and say, “What do I get for it?”, a lot of the things that impinge on them directly are provided by local district councils in two-tier areas? I have a huge list here that I will not read out, but it is basically recreation and leisure services, street-level services and community-based problem-solving—town centre problems that directly affect people. A lot of ordinary district councils up and down this country are in dire straits. I would love the statistics that were read out for the average or aggregate cuts to government funding and local authority spending to be the case for the district councils in east Lancashire. They are in a much worse position. Does the Minister accept that, while there is a bit of sugar on the pill this year, we are in the middle of a three-year settlement where councils all had to sign on the dotted line to say that they agree to it, while it is really asking them whether they want to lose a leg or two arms? The Government have provided a little bag of sweeties this time by saying, “Okay, we’re not going to refuse them”, but unless they tackle these basic-level services that do not fit into the high priorities of social care, health and so on, vital though they are, local government as people know it will collapse in quite a few parts of the country within two or three years. My Lords, I acknowledge the great role that the noble Lord plays in his local authority district in Pendle and I recognise the great work done by local districts up and down the country. He will appreciate, however, that there are a lot of areas that are unitary, where there is not this two-tier system. A lot of what I have talked about, in answering questions and in the Statement itself, relates to the county councils, but much of this will benefit the district councils, where they exist, such as the business rate retention system. Again, Lancashire is a beneficiary of this and it is worth recognising that as well. I recognise the challenges that exist and I know that many local authorities struggle with the financial position. That said, we need to see how costs may be contained and where some back-office costs can be shared. That need not necessarily be via unitisation; it could be done by sharing some of the costs and back-office functions. I should also say, on the multi-year settlements that the noble Lord referred to, that many councils—perhaps most councils, most councillors and most people offering services—would recognise their importance and desirability, because it gives a guarantee of how payments and settlements will be made into the future. My Lords, despite what the Minister said, there must be a connection between internet sales, tax raising and commercial rates. Will the Minister explain what is going on in that area? Who is involved in this work? Is it the Treasury or is it his department assessing what can be done with internet sales, because of the implications for local government finance? Are hearings planned? Are vast numbers of civil servants involved? Is a process of consultation going on? This is an extremely important area and we should be told a lot more about what is a subject of conversation all over the country. People are worried about the high street and they think that internet sales should be paying more. It would be interesting to know what is going on. My Lords, I do not disagree with the noble Lord on the importance of the task, but I disagree with him about the forum. This is a Treasury issue. I will write to him, and copy the letter to other noble Lords, to give as much detail as I can on what is happening, but this is a broader issue. I do not disagree with him about the interaction between commercial rates in the high street and the issue about digital and online taxation, but I stress the point I made earlier: there is a movement away from the high street and noble Lords will be aware of that. I am sure we have all used digital services. Yes, there is an issue of fairness and an issue about where the taxation should lie, but I think that gives the answer to the noble Lord that it is the Treasury that is leading on that. I will certainly write to him with more details. Both my noble friends Lady Neville-Rolfe and the Minister referred to Salisbury. Can the Minister give a little more detailed information about the extent of the assistance and support the Government are providing and, most importantly, the results flowing from it? My Lords, first, my role as Minister for Faith has been mostly pastoral—just to see what attendances at the cathedral and at churches in Salisbury have been like. There was quite a dip after the second Novichok incident, if I can call it that, and there has been some recovery from that. I do not have details of the precise financial assistance in front of me but I will cover those details in the letter that I will send to noble Lords. Can the Minister help me on a specific point not touched upon to date, which has to do with the introduction of universal credit and the managed migration? As proposed, the timing of that looks likely to mean that people will stay on legacy benefits, including housing benefit, for longer than would otherwise have been the case. To what extent, if at all, was that reflected in the Statement? My Lords, I confess that I did not come steeped in the issues of universal credit, but the noble Lord is right about legacy benefits and the delay in some of this, including housing benefit still being relevant. If I may, I will write to him with full details of that, because I do not have it to hand.

2019-04-25T00:16:50Z

https://hansard.parliament.uk/Lords/2018-12-13/debates/2CAA94ED-72DC-4833-B763-9D9C427F7917/ProvisionalLocalGovernmentFinanceSettlement

The town of Vilna (in Lithuanian, Vilnius, and occasionally also known as Wilna) was founded at the beginning of the 14th century, approximately in the year 1320. Very rapidly, it became a central town in Lithuania, both as its strategic and commercial headquarters. The municipal officers relocated here, and in 1387, the Grand Prince Jogaila gave Vilna autonomy, similar to the autonomy of Magdeburg. According to this bill of rights, the local population had a right to commerce, handcrafts, and positions in the local municipality. Only town residents, however, were granted these rights. By the end of the 14th century, three central Jewish communities existed in broader Lithuania. These were located in the towns of Grodno, Brisk and Trakai. Vilna, however, was nigh on impossible for the Jews to settle in, because only the original residents had rights to commerce and to work there. Nevertheless, some Jews came as guest merchants as well as to work in the public municipality. It is said that the old cemetery in Vilna was built in 1487, although there is no written proof of such. In the year 1527, the local Christian population of Vilna received exclusive rights from the old King Sigmund; according to these papers the Jews were not allowed to be merchants or to live in the region. We may assume from these documents that law was passed after the Jews began settling in Vilna to engage in commerce. The Jews, however, could not let go of such an important administrative and commercial center and kept looking for some inconsistency in the special rights that Christian residents received. Slowly they were able to find such ‘cracks’ in the document and settled legally in the town. The Lithuanian prince Jogaila (at this point also the King of Poland) needed the assistance of certain Jews who were very well-off and knowledgeable in particular fields; in return for their assistance he bestowed upon them rights to manage the mint in Vilna and collect taxes. These Jews lived in Wilna legally. In the year 1551, King Sigmund August I of Poland (succeeding King Jogaila) permitted two Jews from Krakow to become merchants in Vilna; he gave similar rights to his Jewish assistants. These Jews were allowed to rent homes, own stores and warehouses, and to barter goods. Such special rights began breaking the rigidity of the old codex from the year 1527, which had banned all Jews from such endeavors. In addition, the gentile nobility helped the Jews in their quest to reverse the old restrictive settlement laws. The Lithuanian Council (Seimas) gave, in the year 1551, special exemption from taxes to Jewish assistants to King Sigmund owning houses in Vilna. Many Jews began to reside in these houses owned by the noblemen, working in stores and other commercial endeavors for the Grand Prince. It is thought that they built the first synagogue in Vilna around 1553. Increasingly more Jews moved here, forming a community that economically threatened the gentile population, who feared commercial competition from the Jews. In the year 1592, some of the local Christians staged a small pogrom, destroying the synagogue, stalls, and apartments of the Jews in a street already then named Jewish Street. Using this pogrom as example of Christian hostility, the Jews convinced the King to give them complete legal rights to settle in Vilna. A year later (in 1593), the Jews received from Sigmund III, in a special bill of rights, a permit to live in Vilna. They were granted residence in the homes of the nobility, freedom to practice their religion, and permission to engage in commerce. After some time, Jews also received permission to establish public institutions for their community, such as a cemetery, a bathhouse, and a slaughterhouse. It is only at this point that the Jewish community came to be recognized as fully legal in Vilna. This original bill of rights did not solve all the obstacles that the Jews of Vilna faced in regard to commerce and work. There was nothing in the bill in regard to handicrafts. The Christian population insisted on exclusivity in such work and fought any gap in their monopoly, using even violence and physical force against those Jews who tried to engage in handicrafts. The heads of the Jewish community of Vilna tried to appeal to the King for greater rights; simultaneously, they also asked for assistance from the nobility in receiving such rights. The Jews could easily have been more successful in business and in establishing themselves given the condition of free competition, but they were permitted to have only meager earnings at the time. It was in the interest of the nobility, who wanted to receive cheaper merchandise, to weaken the powerful Christian merchants and aid the ambitious Jewish workers. Thus, in the year 1633, the heads of the Jewish community received a basic bill of rights from King Vladislav IV. The king not only reinstated the rights they had received earlier, but also allowed the Jews to own stores, open craft-stores, and to engage in liquor, leather-goods, and fur manufacturing. Furthermore, they were permitted to purchase and raise livestock in Vilna. This bill of rights contains the first mention of establishment of a small living area for the Jews. The creation of a ghetto was a new concept, designed to protect the Jews and aid them in the case of a pogrom. However, the Jews did not want to be contained in a small area. In the original bill, they were given 15 years to establish a ghetto, but they extended this date continuously. During these years, a few of the most important Jews of Vilna succeeded in establishing a certain freedom of commerce for themselves in Lithuania. The king granted such a bill according to the wish of the nobility. The new bill ran as follows: (1) Jews are allowed to open 12 stores whose fronts open onto Jewish Street. In these stores, the Jews are allowed to sell various merchandise. This right is valid for ten years. Certain merchandise will be limited. For example, liquor is only permitted to be sold to the Christians in mass quantity (not for individual sale). (2) Jews are permitted to have professions only where there is no Christian competition. In other crafts, they are only allowed to pursue the craft to satisfy their own needs. (3) The area designated as the ghetto, will be enlarged. Jews need pay no tax to the local municipality but are required to pay state tax. In addition, they must pay a yearly sum of 300 Zloty, which, during wartime, is increased to 500 Zloty. The local gentile population greatly opposed this bill, and in the year 1634 (and again in 1635) they carried out pogroms against the Jews, destroying the Jewish cemetery and the synagogue. The investigative committee appointed by the king to examine the details of these pogroms did not succeed in finding the locals guilty of these crimes. They reported that the pogroms were carried out by anonymous vandals, and appointed the local municipality responsible for defending the Jews. In consequence of the pogroms, the Jews were allowed to construct gates guarding the streets they settled in. To compensate the Jews for their losses, the municipality permitted them to sell liquor in twenty homes instead of the previous twelve. The yearly taxes to the municipality, however, were increased to six hundred Zloty. Once again, Jews were permitted to operate their stores for ten upcoming years. Before much time passed, the Jews were able without much tribulation to receive an extension on this store ownership, in spite of the bitter opposition of the local Christian population. In 1645, the town of Vilna published statistics about local Jews. The leaders of the community walked through the ghetto and several neighboring streets, registering each house containing Jewish residents and those houses that were for sale. This highly imprecise census found that there were 262 Jewish families living in the ghetto. If we estimate that each family was composed of five people, we may assume that there were 1310 Jews living in Vilna at the time. Since most of the Jews lived in the concentrated area aforementioned, the census did not take into account those living under the fortress (in Lithuanian, vyskupija). Taking this into consideration, we may more accurately estimate that there were in reality around 3000 Jews living in Vilna at the time of the census. In contrast, there were around 12000 Christians living here at the time. Originally, the rulings of the 1650s did not affect the Jewish community of Vilna directly. Eventually, however, the changed conditions that affected the Jews of southern and eastern Poland began to affect the economic situation of Jews in Vilna as well. The Jewish refugees that came now to work in Vilna increased the number of people competing for work. The original Jewish loaners of money now became needy of money themselves. The heads of the Vilna Jewish community borrowed large sums of money from Jesuit priests, giving them rights to their homes and membership to their synagogue. In 1655, troubles overcame Vilna. The Muscovite army invaded the town and most of the community fled, traveling to Zamut and from there to Prussia. On the border of Prussia, the refugees encountered the Swedish army that had invaded Poland. While the Swedish army demanded certain levies, the Russian army that had invaded Vilna killed many of the Jews and burned the town. The fire lasted seventeen days, and the Jewish quarter was burned to the ground. Destruction of the community lasted until the Polish army liberated the town in 1661. The local Jews then returned to the area and began to recreate their community. The reestablished Jewish community of Vilna was very poor and needed much assistance. The kings of Poland helped these Jews by giving them license to rent apartments in all areas of the town and to sell tax-deductible liquor. They also extended the Jews’ loans, decreasing the amount of interest owed. In addition, they gave Jews more permits to own stores opening onto non-Jewish streets. The local Christian population, however, once again fought against this assistance of the Jews, wishing to rid themselves of any professional competition from the Jewish merchants and craftsmen. They continued to file complaints regarding the Jews to the judicial system, sometimes taking the law into their own hands by molesting and hindering Jews. Still, a compromise had to be reached, and the Christians granted the Jews a limited amount of rights. This trade conflict was exacerbated after the establishment of Christian trade unions that placed very strict limitations on Jewish tradesmen. After Jews complained to King Michael Wisniowiecki, he issued an order wherein it was restated that, according to the ruling of 1633, Jews were permitted to engage in all trades and crafts that were not under Christian monopoly that year. Such crafts included fur-trading, embroidery, and glass-blowing. The Christian trade union reached a compromise with Jewish tradesmen by limiting the numbers of Jews allowed into particular professions and by exacting dues from those practicing certain professions. In consequence, the Jewish tradesmen organized their own societies to protect their business interests. According to the ruling, Jews were allowed to enter only one Christian trade union – that of the barbers. Despite this skewed compromise, occasionally the local Christians would organize assaults on the Jews of Jewish Street. The various Polish kings, however, attempted to defend the Jews. Such assaults mainly caused destruction of personal property, although a few Jews were killed in these incidents. During the end of the 17th century and the beginning of the 18th, the Vilna area experienced many hardships: wars, starvation, fires, and epidemics. During the Great Northern War (1700-1721), both the Swedish and Russians entered Vilna, exacting fines and demanding taxes of the residents. The Jews, too, had to pay large sums of money to the incoming armies during the years of 1702 to1706. In result of the war, the years between 1708 and 1710 saw starvation in the area, culminating in 1710 with an epidemic killing many in the town, amongst them Jews. Many large fires followed, some of them spreading in the Jewish quarter. Fires in the years 1737, 1748, and 1749 leveled the synagogue and Jewish public institutions. Despite the difficulties of the Jews and others at this time, the Christian population never stopped fighting for exclusive rights. In the year 1713, many trials were held incriminating the Jews. The leaders of the Jewish community, however, prevented the resulting judgments and sentences from being carried out. In the year 1738, King August III issued the Jews a new bill of rights for the coming twenty years, allowing them to once again own stores and sell hard liquor. Once more, the Christian population fought these rights bitterly. The municipal authority sued the Jewish community in the court of the king, the primary complaint being that the Jews had deceived the king. These gentiles tried to reestablish the rules discriminating the Jews that had been set forth over a 100 years previously and in 1740 they received a judgment in their favor. This judgment was based on that of 1527. Accordingly, the Jews were no longer permitted to reside in Vilna. Many left the town before the end of the trial, contributing to the biased nature of the verdict. Thus, the Jews of Vilna faced exile yet again. The Christians attempted to evict the Jewish merchants and craftsmen from the town. However, the minister of the region came to the help of the Jews, establishing a committee to examine both sides of the issue and reach a compromise. A long and tortuous debate began. The side of the Christian townspeople prevailed, and the Jewish community saw no choice but to sign a compromise that was very biased. This compromise delayed the ruling of 1740 (stating that Jews must leave the town because they had deceived the king) but did not fully abolish it. In light of the compromise, the entire Jewish community became responsible for each Jew who disobeyed its rulings. In this way, the contract ultimately became very helpful to Jewish commerce. Nevertheless, Jewish tradesmen ignored the ruling at the time it was issued, opening large stores with fronts that faced non-Jewish streets. They continued selling what they wished and taking part in whatever crafts they specialized in, and even going so far as to enlarge the area of the prescribed Jewish settlement. When the municipality realized that the Jews were not acting according to agreement, they renewed the battle against them. The Jews began defending their position, fearing exile. Their strategy was offensive, and in the year 1756 the judicial code of the king decreed that the contract from the years 1742 was valid. In a sense, the Jews had prevailed, although they were very limited by this contract. In the year 1783, the trade unions and leaders of the Jewish community arrived at the courthouse of the king. Among the heads of the community, Arie Leib Myetes’ was very efficient at this task, finding an ally in the assistant to the counselor, Joachim Harptovic, a very educated and enlightened man. Working with him, the ultimate judgment was made in the spirit of progress and liberation. It established new rules concerning the ghetto, stating that Jews need not live in a limited area of the town, as their number had greatly increased and the three narrow streets designated to house them a hundred and fifty years ago were no longer sufficient (these streets still remain under the names of Zhydu, Sv. Mykolo, and Mesiniu Gtv.). Now they were allowed to reside in all areas of the town with the exception of two streets (from the gate of Ostrabrama to the Christian cathedral and from the Trakai gate to the St. John Church). Even in these two streets, Jews already living in houses were permitted to remain. Also included in this ruling was the pronouncement that Jews living in these streets must contribute to the beautification of the town. New edicts concerning taxes declared that Jews’ taxes would equal those of all other citizens, and the yearly tax of 600 Zloty was abolished. The ruling also established the freedom of Jews to participate in all commerce and craftsmanship, explaining that the contract of 1742 was a product of its time and its conditions could and would no longer be sustained. The ruling of 1783 also clarified that each person wishing to receive a license for craftsmanship would be tested by a committee that would be composed of both Jews and gentiles and would be appointed by the municipality. This judgment was regarded as a big victory by the Jews of Vilna. In commemoration of it, the gravestone of Arie Leib Myetes’ reads “it is he who saved the Jewish community in the year 1783 and averted disaster in town through his cleverness.” The bill of 1783 ended a long struggle for Jews’ right to live, work, and engage in commerce in Vilna. Jewish commerce and trade increased, and many unions of Christian workers were terminated. Ultimately, the ruling legalized something that was long in existing and removed the obstacle of free progress in commerce and craft by the Jews. In order to determine accurate taxation, censuses were carried out in Vilna in the years 1765 and 1784. After Vilna was conquered by Russia, there were yet other censuses in the years 1795 and 1800. While these censuses are not accurate, we may still learn much from them. The most exact censuses were taken in 1765 and 1800. According to the census of 1765, the Jewish community of Vilna and its suburbs was compromised of 3887 individuals. In the year 1800, 6971 individuals inhabited the same area. The total number of residents at the end of 18th century, including the Jews, was 17351 individuals. Thus, the Jews composed almost half of the total population at the time. Internal Jewish Politics During the Years of the Polish-Lithuanian Kingdom The Jews had become autonomous and their leaders served in a committee, chosen by the community to represent them in the larger population and negotiate with the local government. They collected taxes, had formed their own judicial system, were responsible for the health and sanitary conditions of the Jewish quarter, and supervised Jewish education. Each year, new community, judicial, and religious leaders were elected by the community. In certain job areas, such as education and health, special societies existed (Talmud-Torah for education, Bikur-Holim for Health Care, and CHK). Each such society elected its own leaders. The Vilna Jewish community began to take part in the Committee of the State of Lithuania for the first time in 1652. In time, it became very prominent in this committee, since the Jewish quarter had became a significant metropolitan area of the town. Taking example from the Christian craftsmen, the Jews also organized trade unions. At the head of the society of weavers was CH. K. Schmuckler. The number and size of such societies increased steadily. Most such groups attempted to establish their own synagogues. There existed a noted hierarchy among the leaders of the community. In order of importance, these leaders were: the rabbi, the av beit din (religious judge), the magid, the writer of official documents, the beadles, the legal community representative (shadlan), the doctor, and other community workers. It was the wealthy and the learned who influenced the community the most. Only well-to-do or learned individuals were elected as leaders of the committee and societies. Even in difficult times when the community required representatives reflecting their decrepit state, those elected were wealthy. They in turn elected their relatives for more minor judicial positions. Originally, the community was ruled by volunteers who cared for the betterment of the public. Among them was Eliyahu Hasid, brother of Yisaschar Bar, son of Rabbi Moshe Kramer (av beit din of Vilna, died in 1688), and great-uncle of the ‘Genius of Vilna’ (1720-1797). Another like him was Yehuda S”od (son of Eliezer, died in 1763, was the father-in-law of Shmuel, son of Avigdor, av beit din of Vilna). Following this type of rule, the job fell to the hands of the wealthy, who wanted power and control. Consequently, a great debate started in the second half of the 18th century between the av beit din Shmuel, son of Avigdor, and the head of the community, Abah, son of Ze’ev Wolf. The Jewish craftsmen opposed the head of the community, and their representative demanded either the abolition of the leading committee or at least a limitation of duties to religious and charity work. Both sides, for the first time, appealed to the government. The autonomy of the Jews, however, was greatly hurt by appealing to outside help in settling a local debate. As the Jewish community became more established in the first half of the 17th century, Vilna became the center of the Torah. Many religious learned Jews from other places, such as Bohemia, Austria, Germany and Poland arrived here. Moshe Rivkas’, son of the writer and scribe of the Jewish community of Prague, brought with him to Vilna the library that had belonged to his father, collecting many new works as well. Many at the head of the religious community were well-known, amongst them famous rabbis such as Moshe Lima (son of Yitzhak Yehuda, died in 1670) who wrote the book “Chelkat Mechokek” that became renown throughout the Diaspora. The religious judges in Vilna at this point were Ephraim (1616-1678, son of Yaakov The Cohen, “Shar Efraim”), Shabtai Cohen (son of Meir The Cohen, 1622-1663) Aaron Shmuel Keidanov (known as the Ma”hrshk, 1614-1676, born in Kedainiai), and Hillel (wrote Beit Hillel, born in Galicia, religious judge in Vilna). Due to the destruction of the community in 1655, many of these learned men fled and settled in the west. Some of them received jobs as rabbis in important Jewish communities. Rabbi Shah Shabtai Cohen became the rabbi of Holesov in Moravia. Ephraim, writer of “Schar Efraim” also became a rabbi in Moravia; Aaron Shmuel Keidanov became rabbi of Pielt in Germany; Hillel became rabbi in Altuna, Hamburg. Eventually, rabbi Moshe Rivkas’ (son of Tzvi Naftali, died in 1671) returned to Vilna from Amsterdam, where he wrote the book “Be’er Hageola”. Special among these learned men and writers was Eliyahu Hasid Ben Solomon, who became better known as the Genius of Vilna (1720-1797). He strengthened traditional Jewish values, keeping them insulated from the new movement that was taking form in the Jewish streets. Nevertheless, the upcoming movements took root, examples being the Hasidic movement, established by Baal Shem Tov, and the enlightenment movement that came from Berlin under the influence of Mendelssohn (the grandfather of Mendelssohn the musician). Only a small number of the heads of the Vilna community of the learned were affected by the Hasidic movement. This is due to the work of Rabbi Eliyahu, who stubbornly resisted it. Already the first of these enlightened Jews of Vilna worked to preserve the Hebrew language. Taking great interest in its grammar, they were also curious about modern additions to the religious text. They continued its tradition, preferring it over philosophy. Vilna, with its rabbis, writers, philosophers, and educated people, became renowned as the center of spiritual life of the Jews of Lithuania. Thus, it was rightfully named the ‘Jerusalem of Lithuania’ (Yerusholayim de-Lita). In 1794, around thirty Jews were killed in a Vilna suburb by the incoming army of the Russian empire. In 1812, the French army conquered the town and the Jewish population suffered greatly. The old cemetery became a pasture for cows and sheep. The Jews helped the Russian army to fight the French, hoping Czar Alexander the First would improve their situation. This was a misconception, as the situation during the rule of the brother of Czar Alexander Nikolai the First was very bitter. A draft claimed young Jewish children for the army, causing great alarm in the community. Despite many of Jews’ pleas, this order was not revoked and greatly hurt the population, resulting in internal struggle in the community because it was the leader of the community who were responsible for fulfilling the specifications of the draft. The governing committee secretly kidnapped impoverished Jewish children to fulfill the requirement of the draft, causing the population, especially those who were poverty-stricken, to revile the leaders of the community. In 1802, an order came to the Russian-occupied Vilna stating that a certain number of Jewish representatives must be chosen for the municipalities, as was custom in the Russian empire. The chief of the central municipality greatly objected to the members of the Jewish leading committee. Thus, after pleas of the Jews to revoke this order, it was cancelled by the municipality. The subject was again brought to light in 1816. The mayor of the Vilna region suggested that some Jews assume positions as representatives in the municipality, and so in 1817, two Jews were chosen for this general committee. Seven of the gentile members of the committee announced that they would not take part in any organization that contained Jews. The gentiles were put to trial for refusing to work with the Jews, although the outcome is not known. The Jews remained in the general committee until the year 1820, when the Russian leadership acquiesced to the pleas of the gentiles in forbidding the Jews to take part in the committee. Once again, this issue was debated for a long time – until the year 1836 – when it was finally decided that Jews would no longer be allowed to participate in the committee of Vilna. Although this decision was an exception amongst the rules applying elsewhere, during the entire period of Russian control of Vilna, Jews were not members of the leading committee. It was only according to the Law of 1892 that a few Jews were permitted to join the committee, although even then they were not allowed to take active part in its decision-making and work. In 1844, Russian rulers annulled the autonomy of the Jews over their affairs. The beadles of the synagogues became the caretakers of the social and religious life of the community. The beadle of the largest synagogue became the head of the community. By the 1840s, the situation of the Jews under Russian rule had become very difficult, and in 1846 a renowned Jew by the name of Moshe Montefiori (1784-1855) came from the West to plead with the Czar to revoke a new ruling hindering the Jews. During his visit to Russia, Moshe stopped in Vilna, where he was received as an honored guest by the local Jews. He investigated the situation of the community and received detailed written reports from educated Jews living here. Despite Moshe’s pleas, however, the Czar did not revoke the ruling. In the year 1850, yet another ruling came from the Czar, this time in regards to the costume of religious Jews. Now, Jews were forbidden to wear long gowns such as those of Polish Jews. In addition, rulings regarding traditional men’s sideburns and women’s wigs were issued. Most in the Jewish population strongly objected to the ruling, although they eventually became accustomed to the new fashion. Following the demise of this evil Czar there was improvement in Jews’ life in two areas: that of army service and of permission for Jews to breach the Pale of Settlement. In the year 1861, the rule decreeing that two streets of Vilna must remain unpopulated by Jews was eliminated. However, a Jewish resident of Minsk by the name of Jacob Barfmann converted to Christianity, causing great damage to the Jewish population. In the year 1866, he arrived in Vilna and published an article suggesting that Jews were a nation within a nation. This article caused great turmoil amongst the Vilna ruling class. Mr. Barfmann was asked to collect testimony from books of the Jewish community showing the ‘true nature’ of the Jews. This appointment caused great turbulence amongst the Jewish population, and the general governor agreed to the suggestion of a Jewish publisher from Vilna, Yaakov Barit, founding a committee of educated Jews who would investigate the claims made by Mr. Barfman. This committee existed until 1869. Despite the fact that Yaakov Barit was successful in proving to the members of the committee that the claims that Barfman made were false, Barfman continued in his activities and published, with the help of gentile authorities, a book about the Jewish community. This propagandist and fallacious book insinuates that according to faulty interpretation, the books of the Jewish community are erroneous in regards to the true nature of the Jews. Barfmann’s book was sent to many government officials and was used by its clerks as an official document describing the Jewish community and their relation to the state. During the reactionary period when Czar Alexander III came to power, Jewish Vilna was very involved in a movement for equal rights and national liberation. In 1872, Vilna established the first Jewish Social Center in the world. In addition, one of the first Zionist Unions, Hovevei Zion (From its inception, the Hovevei Zion groups in Russia sought to erect a countrywide legally recognized network. After negotiations, in which the authorities demanded that the society be set up as a charitable body, its establishment was approved, early in 1890, as ‘The Society for the Support of Jewish Farmers and Artisans in Syria and Eretz-Israel,’ which came to be known as ‘The Odessa Committee.’), was established here in 1882. In the year 1897, a meeting was held for the entire committee of the Social Democratic Jewish Party (the anti-Zionist Bund – “Like other Jewish Marxists, the Bund argued that, rather than emigrating to Palestine, Jews should combat racism wherever they were. So it was extremely hostile to Zionism, which it saw as a refusal to fight anti-Semitism – and indeed a concession to it.” Taken from http://www.sa.org.au/cgi-bin/index.cgi?action=displayarticle&id=214). During the Russian Revolution of 1905, this party became very active in Vilna. In 1902, a young Jewish shoemaker by the name of Hirsch Leckert (1879-1902) attempted to assassinate the Vilna governor, von Wahl, who had been very cruel to protesters on May 1st. The governor was wounded, and Hirsch Leckert was hung. During the same year, the religious Zionist organization held a meeting in Vilna. The city became a center for the laborers of Zion. In 1903, Doctor Herzl, president of the Zionist movement, stopped in Vilna on his way to St. Petersburg. This visit resulted in a great demonstration of Vilna Jews in support of Herzl and his doctrine. Between the years 1905 and 1910, Vilna was the location of the Zionist Committee of Russia. In 1906 Vilna witnessed a meeting of the Union for Equal Rights of Russian Jews; Doctor Shmaryahu Levin was elected as a representative to the Russian Duma. At this point, he lived in Vilna. Delegates to a congress of the Tse'irei Zion movement, Vilnius 1921. Shlomo Farber (front row, second from the right); Menachem Rudnicki - Adir (front row, fourth from the right); Chaim - Shalom Kopilowicz (front row, third from the left); Avraham Solowiejczyk (front row, on the left); Lewin (standing, second from the right; first name unknown), a delegate from Molodechno; Israel Shafir (standing, third from the right); Nachum Kantorowic (standing, fourth from the right); Israel Marminski - Marom (standing, fifth from the right); and Margolis (standing, fourth from the left; first name unknown), a delegate from Svencionys. Also in the photo, seated: A. Katz, Shraga Antovil, Reuven Boniak, Shlomo - Yitzhak Alper, Eliahu Rodnicki, Nechama Horwic, Yitzhak Walk, Chaim Fejgin, and Yitzhak Schweiger, a Zionist emissary from Mandatory Palestine. The number of Jews in Vilna steadily increased during the 19th century. By 1832, Jews constituted the majority of the town population. While Vilna housed 20706 Jews, it was the residence of only 15200 gentiles. According to the census of 1897, of 154532 Vilna inhabitants, 63997 were Jewish; Jews made up 40.9% of the population. In 1916, Vilna’s inhabitants had decreased to 148840, yet amongst them were 61263 Jews, or 43.5% of the general population. Vilna soon became a center of commerce and industry. The town’s merchants shipped products to distant markets all over the Russian Empire. Vilna also became a transit station for the merchandise traveling between Russia and Germany. The local manufacturers, specialists in their professions for generations, developed contemporary products, such as mass-produced ready-made clothing and gloves. In the surrounding neighborhood of Vilna, they also generated wood products, using mills and factories to make furniture. Vilna residents controlled flour mills, beer and tobacco factories, sweet and sugar factories, and printing presses as well as tanneries. Jews took increasingly large part in such commerce in the 19th century. In 1806, only 22.2% of merchants were Jewish. By the year 1827, Jews made up 75.6% of merchants: almost the entire commerce in Vilna had passed to Jewish hands. By 1875, of 3195 merchants, 2752 were Jews, or about 86%. In 1897, 77.1% of merchants were Jewish. Particularly large was the number of Jews who owned small stores and businesses. According to the census of 1897, the professional classification of Jews of Vilna was as follows: merchants – 6117 individuals; industry and manufacturing – 13573; transportation – 875; agriculture – 78;doctors, lawyers, and the like – 1026; others – 6926. Accordingly, most Jewish residents of Vilna were involved in industry and production. These small-time Jewish manufacturers began exporting their goods - ready made clothing and gloves - to all areas of Russia. In 1914, according to a census carried out by Jacob Laszcinski, more than 50 manufacturing enterprises belonged to Jews; in each one of them worked more than ten people. In some of these, there were twenty and in others as many as forty laborers. Small manufacturers yet abounded. That year, of 131 Jewish glove-makers, 78 employed 308 laborers and 125 assistants. Other than these laborers, between 250 and 300 workers, mostly women, carried out small assembling jobs from home. In the sowing industry of 1914, about 1000 Jewish enterprises existed, collectively hiring around 2000 laborers. Ready-made clothes were sent to Caucasus, Siberia, and central Russia. Vilna’s main competitor in the clothing trade was Poland. These sowing assemblies operated very similarly to US enterprises, with detailed division of labor. 200 ready-made clothes manufacturers hired between 500 and 600 laborers; some establishments employed 30 or 40 laborers alone. Of around 100 shoe-makers, only three were gentile. Collectively, 500 Jewish workers were employed in the shoe-making industry. Three to four thousand additional laborers made socks; many worked from home. Other professions – such as those of hatters and saddlers – were a Jewish monopoly. In 1815, the first Jewish factory was opened for the production of simple cloth. By 1858, almost all factories were owned by Jews. Although they were not large, the 43 factories employed 210 laborers. During the years from 1870 to 1880, this industry was much encouraged by authorities. In 1887, 53 of Vilna‘s factories were operated by Jews; together they used the services of 1469 manual workers. Although ten years later the number of Jewish factories had decreased to 49, they now employed 2378 laborers. Just before World War I, the number of Jewish factories increased to 125 and the number of laborers to 4671. Other than the fields already mentioned, there were no truly developed industries in Vilna. As Vilna was a center of commerce, sectors of important banks were opened here. Jewish merchants and tradesmen opened their first savings and loan bank in 1904. The previous year, in 1903, Doctor Benjamin Pin, the son of Räshi Pin, left in his will some money to assist in manufacturing and subsequently became very important to the industry. His example was followed by similar benefactors in other Russian towns. Vilna continued to flourish as an eminent cultural center throughout the 19th century. It was the center of the Torah; the Enlightenment spread through the town and its environs. While many distinguished writers and progressive thinkers were raised in Vilna, others came from different towns. In the middle of the 19th century, it became a hub of Hebrew literature. A central personality amongst the free-thinking inhabitants of Vilna was the writer Mordechai Aaron Ginsburg (1795-1846, born in Salant); among poets who originated in Vilna we must mention Avraham Dov Hakoyin Levinsohn (born in Vilna in 1794, died in 1878) and his son Micha Yosef Levinsohn (1828-1852) as well as Schlomo Zalkind (died in Vilna in 1868) and Yahudah Leib Gordon (born in Vilna in 1830, died in St. Petersburg in 1892). Vilna also housed researchers the likes of Matityahu Strassen (son of Shmuel, born 1818 in Vilna, student of teachers from Lebadova and Ilya, died in 1886 in Vilna), Yitzhak Isaac, son of Yaakov, Avraham Zagheim (died in Vilna 1872, son of Yosef), Smuel Yosef Pin (born in Grodno 1819, died in Vilna in 1890), Eliezer Lipman Horowitz (born in Vilna in 1815, died 1852), Juhoshua Steinberg (born in Vilna in 1839, died in 1908). Also there were welknown writers like Kelman Schulman (born in 1821, died in 1899 in Vilna), Benjamin Mendelstamm (born in 1800 in Jagar, died in 1886 in Simpropol), Isaac Meir Dik (born in Vilna in 1807, died in 1893), Moshe Reicherson (born in Vilna in 1827, died in 1903), David Moshe Mitzkohn (born in 1836, died in Vilna in 1887), and Ay Papirna. The well-known writer Mapo (born in Slabodka in 1908, died in Konigsberg in 1867) belongs very much with the Vilna literary spirit. These scholars wrote in Hebrew, the literary language of the Jews of Eastern Europe. Eventually, the Yiddish language, the vernacular among Jews, also became a literary language, furthered by writers such as A.M. Dik and Michail Gordon. The common sharp humor of the times was expressed by the national comedians Motke Habad and Sheike Feifel, the flute-player. Members of a well-to-do enlightened class, such as Eliezer, Nisan, and Moshe Rosenthal, Mordechai Nathanson, Elazar Halberstamm, and others, also lived in Vilna at the time. What is particularly evident amongst these writers is their deep-rooted love for the Hebrew language as well as for the Bible and the land of Israel. In addition, they recognized the unity of the Jewish nation that had spread out during the Diaspora and had a deep love of traditional literature. In the year 1799, two printing houses transferred from Poland to Vilna. Both had Hebrew divisions. In the publishing house of the Polish Zawadski, the head of the Hebrew department was Menachem Man, who changed his last name to Romm. In 1835, Romm began printing, in partnership with a few wealthy Vilna residents, the Bible. At the same time, the Bible was also printed in the Sloboda printing house. A fight ensued and was taken to court, where it was decided that the printing house of Romm would be the sole publisher of the Bible. In consequence of this verdict, the government closed all Hebrew printing presses in Russia with the exception of Romm’s in Vilna and another in Kiev. Romm now had a monopoly on almost all Hebrew literature of the region and became very successful. The Romm printing press was used by the writers of Vilna as a publishing house. In 1863, a new publishing house was opened by Rashi Pin and Rosenkrantz; following this, many other such houses were launched. Several Jewish students studied in the Polish university in Vilna. In 1808, the university established a program for teachers of secular Jewish schools, but this program existed for only half a year. In 1830, Jewish academia established a secular school in Vilna, but, once again, this did not last long. In the year 1841, a group of educated Jews, headed by Nisan Rosenthal (died in 1816 Vilna, was born in Yasinovka), established two schools at which children studied both secular and religious topics. In 1844, the government of Vilna opened a school for rabbis that in 1873 became a school for Jewish teachers. This establishment was largely intended to further Russification among Vilna Jews, providing general schooling rather than specifically educating rabbis and teachers. Many students of this establishment became known as writers and researchers. Among these were Dr. Yehuda Leib Kantor (born in Vilna in 1849, died in Riga in 1915), Doctor S Mandelkern, Aaron Shmuel Lieberman (born in 1845, committed suicide in 1880 in the US), Abraham Eliyahu Arahbi, son of Yaakov (born in Novohorodok in 1835, and died in 1919), Kahn Avraham (born in 1860 in Podbraze, died in 1951 in New York), and L Livender. At the beginning of the twentieth century, a Hebrew high school with a primary language of Russian was established. Under the headmaster PA Cohen, many subjects were taught in Hebrew. The Zionists, becoming more and more influential in the area, established a modern institution for religious studies, and new, modern ideas became more common in the secular Hebrew schools as well. In some, Hebrew began to be taught in a more natural way, often replacing the more common Yiddish. Several Zionist women established at this time a Hebrew school for girls by the name of Jahudija. At the beginning of the twentieth century, Vilna was the cultural center for many Hebrew writers. Between 1904 and 1915, a daily paper, Hazman (the Times), was published, whose writers included Ben Zion Katz (born in 1875, died in Tel Aviv in 1958), Israel Chaim Tvajov (born in Druja in 1858, died in Riga in 1920), Yosef Eliyahu Trivesh (born in Vilna 1855, died in 1940), Shaul Chernovitz, YD Berkowitz (Ben Zion Yahuda?), Ben Eliezer (nee Moshe Galumbatsky, born in 1882, died in Tel Aviv in 1944), Y. Brashdeski, Hillel Zeitlin, and SL Zitron. Furthermore, a monthly newspaper was published by Zev Yewitz, called Hamizrachi. The weekly of the Zionists, Zionist Congress, was published in Vilna and targeted a youthful demographic. In addition, weeklies like Life and Nature were published by Lavner and Comrade published by Eliyahu Halevi Levin. Yiddish newspapers also flourished. In 1906, the Zionists began publishing a scholarly weekly, named Das Jidische Volk. Its editor was Dr. Yosef Floria. Other political parties, such as the Bund, the Zionist Labor Party, and the Socialists (SS) also published newspapers and books, mostly in Yiddish. The monthly Yiddish World transferred its location from St. Petersburg to Vilna, and was edited by S. Niger. A children’s Yiddish newspaper by the name of Grininka Biamelah was published by Hilperin Falak. Furthermore, an important scientific library was established in the town. Books were contributed per the inheritance of the learned Matityahu Strassen. The German army took over Vilna during Yom Kippur of 1915. A very difficult period came, a time of starvation and unemployment, followed by forced labor. The previously flourishing industry and commerce were eradicated. Although the town incurred a collective financial penalty of one million Marks, the Germans were not able to collect such a prodigious amount of money from the impoverished population. During this difficult period, camaraderie flourished in the community. Helped with training of professionals and given employment opportunities, education in the Jewish community progressed and the first Hebrew-speaking high school in the Diaspora was established along with a Yiddish theater. At the end of the German rule, a democratic election of leaders for the Jewish community took place. At the end of 1918, the Germans retreated from the town. Local Polish citizens received leadership positions from the Germans, but a few days later, the Red Army invaded. Communist rule lasted for only a short time, but even in that time industry and commerce greatly suffered. The Communists took over many businesses and the situation of the Jews of Vilna became dire. On April 19, 1919, the Polish legionnaires entered Vilna and began molesting Jews. However, the commander of the Polish army, Pilsudski (1867-1935), immediately announced that the duty of the army was to liberate the city and to give its citizens the opportunity to manage business as they saw fit. He instituted a democratic election and several Jews were elected to serve in the town council. On the 14th of July, 1920, the town once again was invaded by the Red Army. A day later, Lithuanians entered the town. At the end of that August, the Russians gave control of the town to Lithuanians, who promised the Jews national and cultural autonomy. Soon thereafter, the Polish army, headed by general Zaligowsky, conquered the town. Under Polish control Vilna became a backwater Polish town without any commercial inflow. Its connection with the neighboring independent Lithuania was severed. The Jews of Vilna took part in the leadership of the town but were forced to fight for these rights. The duties of the Committee of the Jewish Community were decreased and, according to Polish diktat, became responsible only for religious and social work. Despite this, the Jews covertly conferred upon the committee greater responsibilities. As the Vilna economy was stagnating, continuous emigration to the United States and other countries occurred. Nevertheless, Jewish schools, taught in both Hebrew and Yiddish, were established. In addition, schools training teachers in Hebrew and Yiddish and Hebrew and Yiddish high schools were opened. Polish authorities, desiring to educate Jews in Polish, opened a Polish public school for Jewish children. In addition, the Polish university in Vilna accepted only students with Polish high school diplomas. Thus, it became very difficult for any graduate of a Hebrew or Yiddish high school to be accepted. Notwithstanding this limitation, many Jewish students attended the university. The main cultural loss for Vilna’s Jews was its position as the heart of Hebrew literature. The Jews who promoted Yiddish used this opportunity to open their own center and attempt to make Vilna the core of the Yiddish movement. They established several public high schools and a teaching seminary in Yiddish. They also tried to establish a scientific institute for high school graduates. This establishment was intended to carry out research on Yiddish language as well as Jewish history, statistics, and other such subjects. Known as the YIVO, it became famous throughout the Diaspora, but especially in Poland. On Jewish Street, hostilities ensued between the Zionists and the Bund. While the Zionists controlled the Jewish community, the Bund strongly impacted its trade unions. During the few years prior to World War Two, Anti-Semitism spread all over Poland, including Vilna. The city of Vilna and its environs was taken by the Red Army on September 19, 1939, and on October 10 the Soviet government transferred that area to the independent republic of Lithuania. Shortly thereafter, approximately fourteen thousand Polish Jews fled to Vilna in the hope of escaping from Nazi or Soviet rule. They included such noted leaders as Menachem Begin, Moshe Sneh, and Zorah Warhaftig; approximately two thousand members of the Zionist pioneer movements (halutsim); and the rabbis and yeshiva students of more than twenty Polish yeshivas, including those of Mir, Kletsk, Radin, Kamenets - Podolski, and Baranovichi.In June 1940, the Soviets occupied Lithuania, and many of the refugees sought to emigrate at all costs. That summer, a rescue route for the Polish refugees in Lithuania opened up via East Asia, in addition to the emigration route to Palestine. Two Dutch yeshiva students obtained visas to Curacao, a Dutch colony in the Caribbean, from Jan Zwartendijk, the Dutch consul in Kovno (Kaunas), who subsequently agreed to grant such documents to other refugees. The refugees then asked the local Japanese consul, Sempo Sugihara, for the transit visas that would enable them to travel via Japan. Sugihara, on his own initiative, and later despite express instructions to the contrary, issued thousands of transit visas during the final weeks before the Soviets forced him and other consuls to leave. The refugees, headed by Dr. Zorah Warhaftig, who was in charge of the local Palestine Office for Polish Refugees, then applied for Soviet exit permits and transit visas. After extensive efforts by refugee leaders the Soviet authorities granted the refugees permission to leave, and the first group arrived in Japan in October 1940. Once it became known that exit permits were available, efforts were made to obtain the necessary documentation by many who had previously refrained from doing so. Thus, visas to Curacao were obtained from A. M. de Jong, the Dutch consul in Stockholm, and Nicolaas Aire Johannes de Voogd, the Dutch consul in Kobe, Japan. Japanese transit visas were procured from consuls in various Russian cities, primarily with the help of the Japanese N.Y.K. (Nippon Yusen Kaisya) shipping line, which provided visas to those for whom boat tickets had been purchased. Several hundred refugees who possessed visas to the United States, Palestine, and other countries traveled via Japan, leaving the Soviet Union by means of the Curacao and/or Japanese visas; among them were such prominent rabbis as Aron Kotler, Reuven Grazowsky, and Moshe Shatzkes. Beginning in the early spring of 1941, the Japanese attempted to halt the entry of Jewish refugees to Japan, but despite their efforts, more than 500 Jews entered between April and August. That summer, the Japanese sent those Jewish refugees who were unable to emigrate to Shanghai, where most remained for the duration of the war. During the period from October 1940 to August 1941, a total of 3,489 Jewish refugees entered Japan. Of these, 2,178 were of Polish origin, among them more than 500 rabbis and yeshiva students. In the spring of 1941, efforts were made to arrange for the entry of refugees from the Soviet Union directly to Shanghai, and the necessary permits were obtained. It is not known how many of these documents were actually utilized (apparently between 50 and 150). Sima nee Gurevitz with her first cousin ( nee Spektor) And the cousins husband. A mediaeval stronghold, once the capital the Grand Duchy of Lithuania, today the county and guberniya town and headquarters of higher administration offices and the army. It lies 50° 41’ latitude north, 42° 57’ longitude east and 118.2 m above sea level. It stands at the point the river Wilejka enters the river Wilia, in a valley surrounded by hills from whence a beautiful panorama extends. Distances by rail in verst to the following cities: St. Petersburg 658, Moscow 875, Warsaw 387, Kiev 862, Minsk 173, Wierzbolowo 177, Kowno 97, Grodno 147 and Ryga 365.Location and climate In geognostic terms, the town lies on a plain, tilting from the Pinsk Lowlands towards the Baltic Sea. To the east and west, the elevated upper layers of land, on which the town stands, are of sand. The alluvial hills surrounding the Wilia river bed are only of sand but those around the Wilenka occasionally contain clay. There are two springs in the town, one by the Zamkowa hill containing traces of hydrogen and sulphur, the other, more iron flavoured, on the Rowne Pole. Their presence points to the possibility of the existence of more. In his geognostic description of Wilno, (Opyt medico-topograficzeskiego opisania goroda Wilny pages 9 27), Salkind describes this subject in great detail. Here we must add that the land in the lower part of the town, the complete area in the vicinity of the castle, from the banks of the Wilenka and Wilia to the hills on which the buildings of the Catholic seminary, the post Dominican and post university stand, are boggy and full of springs and meadows. Water in Wilno is plentiful and never far beneath the surface. The soil in the town and environs is primarily sand and these layers often attain a depth of several ells (Nordischer Sand); then follows a layer of ordinary red clay which is unsuitable for brick making due to the high content of lime stones (top red alluvial clay, top red marl); beneath a layer of alloy-yellow coloured clay, which is a type of marl and containing veins of excellent pottery clay (marga argilacea, argilla plastica) and finally the deepest lying, thin layer of gravel or large–grained sandy limestone. In the hills surrounding the town there are innumerable primary rock fragments, the most popular being granite, gneiss and grinstein and these are used to pave the Wilno streets. Homogeneous minerals have been found beneath the town and include cinnamic stone, hornstone, in the shape of rounded stones, (Hornstein; according to Gedrojec this is not hornstone as maintained by Jakowicki but silex or Feuerstein) and fossilised wood. The bones of a mammoth, an elephant’s molar tooth and various other, less significant, fossils have been found on the banks of the Wilia and on the flat country beyond. A description of the latter can be found in an article by Jakowicki in the Wilno Daily 1830, III, 80).Wilno also has its own specific flora, details of which can be found in Balinskiâ Statistical Description of Wilno, 9, 23. Balinski collected what he found by Gilibert and Jundzillow; the latter did much for the countrys flora but omitted many species known only in Wilno. Presently, Ms. Tekla Symonowicz, known for her work in the field of botany and for her rich herbarium, is preparing to take to print a detailed account of Wilno flora. The climate, although changeable, is temperate and healthy. The real spring warmth begins here with the onset of April and sometimes even in March; however when the polar ice begins to melt, the northern winds bring cool weather and frosts with them and snow has been known to fall as late as May. The hottest days are experienced in July but October can be almost just as warm. Summer temperatures can reach +26.2° but they normally range from +22° to +24°. The coldest temperature registered was -29.5°. The average annual temperature is +6.80° (Wild temperatures in the Russian Empire); average winter temp. -4.56°, spring +6.80°, summer +17.94° and autumn +7.20°. The greatest annual temperature fluctuation occurs in January and July, a slight one in February and August and the smallest in April and November. The highest temperature +33° was recorded in July and the lowest -38.8° in January. The highest atmospheric pressure of 752.6mm was noted in January and 751.8 in February; the lowest 748.6 in July and 748.9 in December. The south wind prevails, followed by the west wind and the most uncommon are the north and north-east ones. The declination of the magnetic needle observed by implementing a simple theodolite was 13. The longest day in Wilno lasts 17 hours. Expanse, parts of the town and policing areas of Wilno covers an expanse of 8 square wiorst and its boundary is 27 wiorst and 75 saz. The straight line from Ostrabrama Street to Antokol suburbs measures 7 wiorst; from Pohulanska to Polocka suburbs, 2w. 350 saz. Wilno has spread throughout the valley surrounded by hills of varying sizes.The city is, in fact, divided into the actual city and suburbs encompassing it from all sides. Travelling from north to west we first encounter Antokol, which resembles a town rather than a suburb considering its population. It nears the city with each year as the number of houses increases and will soon be swallowed by it. Those “ manors in Antokol, so poetically described by Chodzko, no longer exist. They have been replaced by multi storey buildings and factories. A thick pine forest, belonging to the Greek Orthodox nuns, separates Antokol from Popowszczyzna, which lies to the north east and used to be a suburb but today is integrated into the city. This part of the city is named Zarzecze. Poplawy suburbs, now adjoining Zarzecze, lie more to the east but are separated from it by the river Wilejka. Towards the south and south west there are the suburbs of Nowy Swiat, Szkaplerna and Kominy which make up a unit and are quickly approaching the city. Nowy Gorod and Hulanki are to the south and south west. The former is a town in itself, even a fair-sized one, taking the number of houses into account. 15 to 20 years ago, Pohulanka was the summer escape of the privileged and a popular excursion goal. Today, it is a beautiful part of the city. Lukiszki lie to the west and Snipiszki to the north west. Lukiszki is in a valley whereas Snipiszki lies higher. Antokol and Popowszczyzna are separated from the city by the river Wilejka and Snipiszki by the Wilia. Other suburbs and the city itself are on the left bank of the Wilia. On the edge of the suburbs we find the summer houses or “dachas.â€? They are usually situated in such picturesque places as Werki, Zwierzyniec, Zakret, Rybiszki, Markucie, Betleem, Belmont, Wilanowo, Rossa etc. The city has expanded in a most uneven and hilly area so that not only is one street higher or lower than the next but even the street itself can in one part be steeply elevated in relation to another. The town consists of 8 suburbs, 13 squares, 65 streets and 39 alleys. From a policing angle it is divided up into 7 circles of which VII is Antokol, VI includes Zarzecze and Popowszczyzna, V Rossa and Poplawy, IV Snipiszki and I Szkaplerna. Nowy Swiat and part of Nowy Grod do not belong to the county. Most of Wilno’s streets are twisting and winding. There are barely 3 straight streets commonly known as Prospect. They are relatively new and bare the names St. Jerski, Aleksandrowski and Aleksandrowski Boulevard.Population Regarding population, Wilno ranks 111 in Europe and 12 in Russia (Bracchelli: Statistik der Europaeschen Staaten). Due to a lack of documentation, it is difficult to say how the population grew. Some historians maintain that Wilno had around 30.000 inhabitants in the XIV century, gradually reaching the figure of 120.000 in its heyday, during the reign of Zygmunt August. The city lost its splendour during following reigns and Jan Kazimierz’s reign (1655) saw 25.000 citizens die and even more scatter. In 1766, Karpinski mentions a population of 60.000 (Geographical Lexicon). In 1830, Chodzko, records 50.000 of which 30.000 were Jews. In 1835, Balinski mentions 35.922 (Statistics of the city of Wilno). That figure is incorrect because the VIII census in 1834 census mentions 52.269 citizens and according to official documents 1836 there were 30.253 males, 25.882 females, together 56.135. According to official documents in 1846 there were 27.871 males, 26.311 females, together 54.182 inhabitants. In 1850, the IX census gives 49.006, the X census in 1858 mentions 58.175 and finally the 1875 census notes 42.178 males, 40.490 females, together 82.668. From that one-day count in 1875 there has not been another registration and so we have to make-do with those memory books published annually by the government statistics office. The information included is fairly accurate as the figures are obtained as follows: births/deaths of the current year are added/subtracted to/from the figures of the past year. The office receives these figures from the police and consistories. According to these books the population in 1886 was 107.286 and in 1890 there were 53.039 males, 56.769 females, together 109.808 of which 13.787 Orthodox, 746 Rozkolnik, 33.628 Catholic, 1.820 Lutheran, 142 Calvinist, 63.698 Jew, 127 Karaite and 360 Mohammedan.During the period 1875 and 1888, the number of births registered was 36.385. Of these 24.776 were Christian and 11.500 Jew and the ratio was 100 girls to 133.3 boys. 27.6 children were born to every 2.000 adults. During the same time frame there were 39.046 deaths of which 21.637 were male and 17.409 female. As far as the birth rate is concerned we note it is small and we shall examine it closely by religion. The former has a birth rate ratio of 4:1 and, as to the latter, it is impossible to give even a near accurate account as the figures provided for both deaths and births are compiled very haphazardly. During the 14 year period the Jewish population increased by 13.079 heads. When compiling the figures we attain a decrease of 401:6 and for the 14 year period it shows a decrease of 5.622. This does not coincide with the known fact that mortality among the Jewish population is negligible. According to the Duma statistics, Wilno has 1.509 brick-built houses, 1.169 wooden, together 2.678. The ones in the city are all brick-built but for a few, 25-30 wooden ones. On the outskirts and in the poorer parts of the city the houses are mainly wooden e.g. Nowy Gorod, Popowszczyzna, Szkaplerna etc. The houses in town are mainly 2-storeyed (ground floor, first floor) and 3-storeyed and more are unusual. Stair- less houses can be found in the suburbs.Presently we do not have any information on the number of houses in Wilno. According to a one-day census in 1875, there were 1.748 houses and 3.817 inhabited buildings with 12.787 apartments housing 82.668 people. This means 6.6 people per home. By comparing this figure with other cities e.g. Petersburg 7.5, Berlin 4.6, Peszt 5.4, Kiev 5.7 we can see the living conditions in Wilno are extremely cramped. Not only do the citizens live in cramped conditions but the buildings, too, are over housed having, on an average, 7 apartments. The latter situation is most marked in the city centre but cramped human living conditions are experienced both in the city centre and on the outskirts. The homes are divided up as follows: 1-room 46.9, 2-room 25.3, 3-room 11.2, 4-room 6.5, 5-room 3.7, 6-10-room 5.7, more than 10-room 1.0. For every 100 homes, 4.1% are in the basement, 66.3 on the 1st floor, 22% on the 2nd floor 6.2% on the 3rd floor, 0.2% on the 4th floor and 1.2% on various floors.Canals There are 8 canals, with outlets into the Wilia in Wilno and this includes the small river Koczerga, which crosses many streets in the western part of the city. They date back to the XVIII century when the Jesuits built a canal from the academy through the Dworcowy square and Skopowka to the Wilia. The canals are solely found in the western part of the city and part of the city centre, which adjoins it. There are no canals in the eastern part of the city at all. Due to the high elevation of the city in the east, drainage is natural and during heavy rainstorms proves its practicability. Squares and Public Gardens There are 7 squares and public gardens. Two of these are public gardens: botanical and post Bernadine grove, squares namely Cieletnik, Theatre, St. Jerski, St. Katherine and Dworcowy.Public Squares. There are 6 public squares. They are, in fact, market places and some have a specific role to play e.g. on one timber is sold and is thus called the Wooden Market. Another sells hay, thus the Hay Market and yet another sells horses and so the Horse Market. On certain days the local farmers arrive here with their wagons full of food products and pay the city a fee for their location. The city, however, does not take good care of these areas and so the sanitary conditions are lamentable.Water Supply The city has a good water supply. The main sources are the Wilia and Wilejka although river water is not the best. The city also has 1.043 wells and 4 springs: Wengry, Misyonarski, Ostrabrama and Lewek. Water from the first three is channeled by pipeline throughout the city. The Wengry well provides 7.800 buckets of water daily, Misyonarski 20.000, the Ostrabrama 10.000 but the amounts from the Lewek well are unknown. City administration In the following part we will show the historical development of the city administration and will restrict the statistical part to a minimum. The first citizens of Wilno were governed by the same rules and regulations as were generally in force in Lithuania and these usually came from the ruling personage, priests’ decrees and ancient practices. Before the onset of Christianity many foreigners, mainly from Riga and Germany, settled here at the summons of Giedymin. They brought with them their own laws and customs, which they then put into practice. This changed in 1387 when Jagiello bestowed the Magdeburg rights on the city and the laws of the local citizens and the newcomers were replaced by new ones. These laws prevailed up until 1840.After Lithuania was annexed to Russia the city administration was adapted to the 1785 city statute of Catherine II. The city council was set up on 19 August 1808. Presently, the city has an independent administration board, which was set up on 28 July 1876 and includes 72 councilors (Duma) who select from among themselves a city administration (Uprawa), which is made up of the president (Golowa), 4 members (Lawnik), a secretary, builder and surveyor. In 1893, the administration board and councilor selection system were changed by the highest authorities.Taxes We cannot provide taxation figures and information for earlier times as there is no documentation. From time to time in Wilnoâ history we come upon snippets of such information but never enough to build a complete picture. In 1529, the Christians alone paid 1.500 three-score grosz (penny), which in todays money means 5.400 rubles. In certain situations e.g. fire, pest, famine the city was exempted from paying taxes but then, in times of war, the financial burden was all the greater. It was obliged to provide soldiers (numbers in relation to population of the whole Duchy) and contribute financially to the upkeep of the army. Moreover, it had to provide board and lodging for any army stationed in its precincts and support the city garrison needed for the protection of itself. Normally, the army camped on the outskirts of the city and only entered it at times of danger. It was the city responsibility to provide, not only, food and accommodation for the royal army and their horses but even arms, bullets and money. Up until 1451, the city was also responsible for the provision of horses and carriages for members of the Royal court, voivodes and other dignitaries. More stressful was the provision of accommodation. Housing had to be found for royal courtiers, ministers to the Seym, ambassadors and other foreign officials, court staff, various commissions, royal dispatchers etc. Over the years, these duties took on an ever-changing aspect or completely changed until they became what they are today. Below the income and expenditure for the three years 1877 (the first year of independent rule), 1887 and 1890. Before we provide you with these figures let us mention the various taxes, unknown elsewhere but levied on Wilno alone. Gate tax - established by King Aleksander in 1505. Tax on food products, timber and hay brought into the city. This tax was used, primarily, for the upkeep of the city gate guards. Each wagon paid a grosz.b) road tax – established by Zygmunt III in 1630. Carts paid 1 grosz (equivalent of 3 today) and this was used to build and maintain the roads. In 1791, both the above taxes were increased. This meant 3-5 grosz was charged for a horse, 5 grosz for a head of cattle and 3 grosz for a sheep or other. From 1805 till 1818 the prices dropped slightly and then increased to 5 kopec for a horse. Moreover, a tax was levied on those which had previously been exempt.In 1821, a new tariff was created and 15 kopecs were charged per horse. Finally in 1846, several articles which had earlier been exempt were levied.c) fish tax“ established by Zygmunt I in 1522. 4 grosz per wagon per annum used to be charged and was used for the upkeep of the market place. In 1824 it was incorporated into the gate and road tax. manure/ carbonization tax - established by Zygmunt I along with the above mentioned.e) lokiec (elbow) tax - established by Zygmunt August in 1536. The last two were paid by vendors selling food products and other small articles on markets, streets and courtyards. alcohol tax set up by the Constitution in the years 1766, 1775 and 1789. This tax was levied on imported and local alcoholic beverages the proceeds of which went to the treasury. This state of affairs remained until 1811. Decrees passed in 1810 and 1811 changed this and the tax became twofold, tax on imported alcohol and excise duty on the locally produced. The entire proceeds from the first and 1% of the second were given to the city and the remaining 99% were turned over to the treasury. lopatka (shoulder-blade) tax - established in the suburb Antokol in 1798. Butchers pay 30 kopecs for every heed of cattle and 5 kopecs per sheep and other smaller animals.) weight and measure tax – weighing and measuring of wares and products on the city public scales) accommodation tax - 3% of the annual rental income The city’ income is not exact. Some income is an approximation and some depends on the competition during auctions. The citys’ flexible budget is prepared annually. Income from resources belonging to the city:1) properties and inns rented out on fixed time basis. Liba Mahrshak fought as a partisan from the Vilna ghetto. She met her late husband, David Augenfeld, also a partisan, and eventually came to Montreal with daughter Rivkah in 1948. I was born and raised in a secular Jewish home in Vilna. My father Israel was born in Vilna in 1895 to Reuven Hirsh and Shula. My mother Sara Dina was born in Vilna in 1895 to Leib and Rachel Sofer. They were teachers in the school named TZ”BK, (Central Committee of Education). It was part of the central Yiddish school organization. Later on, my father was appointed as the head of the school named for Liza Gurevich, and my mother returned to school and became a certified nurse. She was a nurse until the German army entered Vilna. I studied in the elementary school named after Sofia Gurevich. On Sunday morning, the 22nd of June, the first bombs fell in Vilna. At that point, we were still preparing for our graduation ball that for us symbolized the end of a chapter in our life and a new beginning. This new beginning came, but it was not what we had expected. The minute that Germans entered Vilna, they started kidnapping Jews in the street and staged pogroms in different parts of the city, like Snipisiuk and Novgorod.. There was a most awful pogrom in the heart of the Jewish neighborhood. The epic of this pre-ghetto period was when the Nazis cleared the streets Straszuna, Shavlaska, Rodnitska, Yatkova, Glaser, and others, of all Jews. Some were transferred and others killed. Out of these streets they started making a ghetto, including Glazer, Yatkovka, Jewish Streets. Parts of Gaon street were used to make the so-called “Little Ghetto” or #2. Ultimately, the streets Straszuna, Shavlaska, Disinienska, Svetlana, and part of Rodnitska all became part of the big ghetto, or First Ghetto. Much has already been written about orders and rules that took all rights from the Jews, so I will not dwell upon them. I myself started working at the children's home, which was really an orphanage. Where did these children come from? The first ones arrived from an orphanage in town - all the Jewish children who had lived there were expelled. Let me give you a short history of the place. When the Soviets came to Vilna in 1940, they united all the orphanages in town, and all the Jewish children were moved to one orphanage. As soon as German conquered Vilna, they did the opposite: they made the general orphanage Jew-free, which is why many Jewish orphans arrived in the hospital. In the confusing days that the ghetto was first established, there was nowhere for them to go and nobody to take care of them. The children were pushed into two rooms at the edge of the building, in what used to be the department of infectious disease, and they were practically left there all alone. I felt bad for the children and started working in the hospital, or, as it was known, Zlubek. I soon found out that my friends who worked there for two days could not stand it and escaped from there. I was tempted to do the same but my father talked to me and convinced me to keep working there, saying it was better than washing floors for Germans. He said I was doing a much better deed by washing the floors for orphaned Jewish children. He was right, however what I first saw when I came there was impossible to describe, the sight will never leave me. The children lay in beds without mattresses or pillows; they didn't even have hay-sacks. Six children lay vertically crammed into each bed; they did not have any sheets but only some green vinyl material. They didn't even have any rags. They lay for hours in absolute filth in their own excrement. They would stay like this until someone would come and wash them. But even this did not last long, as one would encounter the same picture a few hours later. I was only eighteen, but I forced myself to return each day. In order to work at this type of job (for eight hours a day) you really needed strong willpower. The children would scream continuously every time we took them to wash or move them to clean the place. After some time, it was as if we did nothing - everything returned to the same disarray anyway. Everyone who has been to the Jewish hospital in Zemlanka street knows that the main entrance was closed off by a impenetrable fence during the war years, since from there, one could leave the ghetto. So now the entrance was in the gate on Spetlina Street. At the entrance to the gate, on the right, was the pathology ward. On the left was a big hall. This hall was now given to us for the orphanage. Slowly, we cleaned the place: beds were brought in, and sheets, and nurses and teachers started working there, and the children received some rudimentary treatment. Due to the horrible condition that the children experienced during the first weeks there, many had stopped talking or walking. They became accustomed to sitting for hours in one place without moving. We put a lot of energy into getting them to say but one word, but most of our time was spent with them encouraging them to walk and act like children...During the entire time of the existence of the ghetto, which was two years, we were never able to bring them to a stage of childhood normal for their age. After a few months, the children were moved again. This time, it was a large and comfortable building in Zvelana Street. I don't remember the number, but I recall that when we came from Svitalna Street, the building number was 3. This building was once the syagogue of Rabbi Shaulke. This Beit midrash where the stage had stood now was the dinging hall, and the place where the children played and studied. In the synagogue area, where the women used to sit, we arranged a sleeping room for girls. The boys slept in smaller rooms to the side. we also organized a kitchen and a laundry area. Life began to take on a dubious sort of order. All the children started attending schools in the ghetto and the little children had nursery school teachers inside the institution. Very quickly, the core group of children enlarged. During each action, parents would bring their children to us thinking that if they would survive the action they would take the children back. Sadly, only rarely did the parents survived. I saw many heart-tearing moments when the little children would run after the parents screaming but, to our great sorrow, we could in no way aid this situation. It was here that I met Zlata, the wife of Yehiel Borgin. She started working there while she was still on the Aryan side. But when living on the Aryan side became very perilous, she moved into the ghetto. Here, she encountered very difficult conditions. As the number of children in the institution rose, two other children’s' institutions were established for children over 14. They took from us all the children over 14 and we were left with the younger children. I don't want to give a detailed account of daily life in the ghetto. This, too, is something that much has been written about. I will say that I lived in a very crowded condition among those friends and comrades who had survived the actions. As I mentioned before, we only recently had graduated, so we were very close to each other and made sure to meet every night. We knew to detail whatever was occurring with each one of our friends. Together, we went to literary meetings in the ghetto, and sometimes we even went to concerts. We hardly met any new people. We did not try. Life continued like this until we found out that there was a resistance movement in the ghetto - the FPO - and many of us joined this movement. This was a period when morally our spirits lifted and we were excited to be part of a resistance, despite the horrible conditions in the ghetto. This commitment to resist and be part of a movement gave us support and enabled us to survive the impossible conditions. In spite of the fact that many of my friends belonged to the FPO, we never talked about it amongst ourselves because we did not know who was a member and who was not. We could only assume that some one else in the group was a member. Aba Kovner became the head of the FPO after the death of Vitenberg. During the onset of the FPO, everything was underground, and people never met in large number, although there was an occasion when many of us sat in a room, and suddenly people stood up and went in different directions, nobody knew where they went. We met in small groups of five to exchange information or participate in missions. When I first came and asked to join the movement as a member, I had to come for an interview with the members of the headquarters, whom I did not know. I was very excited; I don't know if I can truly describe the feelings I had; I was 18 years old. I knocked on the door of Oshmani Street 8 and was faced with Aba Kovner and Yosef Glasman. With my friends, I expressed very articulately the importance of resistance to the occupiers, but here, I had to talk to strangers, and convince them that I was worthy of being a FPO member. It's hard for me to now remember the details of the conversation, although I remember that after many months, I met Josef Glasman, one of the leaders, and he told me that after I spoke his heart broke and he cried like a child. Yosef Glazman- he was killed while fighting in Naarutz forest in 1943. In Vilna, we heard the details of the revolt of the Warsaw ghetto, and we imagined that soon enough this would be our fate, and we would fall in battle in the Vilna ghetto. On July 16, 1943, during the night I worked at the orphanage. Every third night, I would stay there. When you took the job, it was mandatory that you stay there for twenty-four hours. I was awake. Actually, in the ghetto, even while you slept, it seems as if you always had one eye open to make sure that nothing awful was happening. For me, especially, with the responsibility of all these children, I could not sleep. Around midnight, I heard someone running on the outside steps. Since it was a summer night and it was very light, when I looked I immediately recognized little Bashka, a member of a Zionist Socialist Movement (Hashomer Hatzair). Bashkale, whose last name I do not remember now, was killed after her escape to the forest. She was a member of the partisan unit named for Prachomenko. They say that she was killed by friendly fire when one of the partisans cleaned his weapon. Back in July 1943, she was a dedicated contact for the FPO. I knew that she was a contact, and I also knew that Tsvi Tzipilevich lived in a near- by yard In that building lived an entire kibbutz / commune that belonged to the Chalutz. I understood that something was occurring in the ghetto but did not know what. The orders were that in any case of instability, I must come to a meeting place of the FPO. But how could I leave the orphanage at an hour when I was the only responsible adult and the whole orphanage was under my care! I could not decide what to do. Luckily, after some time, the head of the institution entered - Manya Levi. She was a wonderful person. Before being a teacher in Vilna, she had spent many years abroad. I knew her well because she had been a good friend of my mothers. They had studied together in the same grade of the gymnaisium. Now she lived in an orphanage. As she neither married nor had children, she put all her love and toil into taking care of the children. When she walked through the rooms they hugged her and held on to her, following her out of their great love. When she entered the room where I was, I was ready to take my uniform off and run. Before leaving, I said, "I must go." She said, "I understand. Go. I will stay here and watch the children." I left and quickly walked to Nemiacka Street 31, the place we had decided ahead of time would be our meeting. On the way there, i met a runner who had been sent to me. He told me that the code world for the FPO was 'liza is calling.'. This was chosen to memorialize Lisa Magon, who was with the partisans and killed on a mission to the Arian side. This code word indicated that everyone meet at a certain place. I now understand that the real meeting place was at Straszuna 6. I arrived there and met others but nobody seemed to know what had occurred. Then we had to go to the alley on Oshmni 8, where the headquarters of FPO stayed. Some other comrades waited in the yard of the library. We stood in the yard for a few hours. Sometime in the morning I was given a paper with a song lyric on it: "Do not say that this is my last road." During that day, we really thought that these were the last hours of our life. We did not know if the mass number of ghetto residents would revolt with us or give up and not fight. We believed that the Germans would enter at any moment. I don't have to tell you know these tragic events concluded. Wittenberg was supposed to give himself over to the Gestapo, and not by the orders the FPO but by orders of the main headquarter in town. After we spoke and argued for a while, we saw Wittenberg leave the ghetto to give himself up. The next day he was dead. The week to follow was filled with nervousness. It was a week of painful guilt and heartbreak. The depression and hopelessness was hard to endure. It became clear to us that a big group of Jews who were members of the underground had become exposed to the Germans during this event and they must leave the ghetto. Since it was large amounts of members of the resistance they started arguing about who should leave from each party, how many should go and so on. The first group to leave the ghetto left on July 24, but David will tell about that since he was with this group and he is amongst the very few who are still alive today and can tell the exact details. The next day, we were all filled with fear. On the second day, we learned the awful news that the Germans lay in wait for them. The Germans found some of their IDs, so they collected all the family members of the people who's IDs they found and killed them. In the ghetto I was registered as the wife of a classmate who was in this group. When I arrived at work the next day, not knowing what had happened, I found my friend looking at me with a horrified stare. The Gestapo had found the ID of my friend, and they were sure that I had been shot. It was only a miracle that I was not shot that night. There were two reasons as to why I was spared. Firstly, the person who wrote the list in the Work Office knew me personally, and second, my address is not the same as the address of my “husband's”. It was easy to skip me on the list. Father was able to arrange for me a new ID, but this cost a lot of money, so now next to my real name they wrote that I was dead. I received a different identity. The few months between the time the first group left the ghetto and the time it was liquidated were filled with anxiety. Jews from the region were being transferred to the ghetto and from there many of them were sent to Estonia, and on September 1st, the ghetto was surrounded, and they started kidnapping people and sending them to Estonia. The ghetto was isolated and nobody could come in or go out. The Four Day Action marked the beginning of the end. Early in the morning, when we found out that the Estonian divisions surrounded the ghetto, no one was allowed to leave to go to work. The members of the FPO ran to the meeting-place on Nimiacka Street 31. On the way, they ordered the fighters of the second battalion, to gather on Svetlana Street 8. From the yard we could transfer to Stranszuna Street. After a short time, we all gathered in the yard. Behind us, near the windows, stood containers with Molotov cocktails and light-bulbs filled with pyre devices. We did not know what to do, and we waited for the commanders to give us orders. Before we could even think much, a group of Nazis, headed by Niaga Borin, entered, and he started a speech. He said that all of us were being sent to camps, and that the ghetto would not exist any more. He suggested that all the women go and arrange for bags for the men to take. He spoke to us very peacefully and gently, and a group of men left the ghetto directly to the train, where they entered train cars and were truly sent to Estonia. We, the women, and some men who escaped stayed in the yard embarrassed and heartbroken.. We were ready to revolt. Many months we waited with nervousness and anticipation the fight, and here, when we stood face to face with the enemy, we let them once again cheat us. Now that there were very few of us here, it was clear that it would be senseless to start a revolt in such conditions. We stood in the open yard without weapons, but still, it did not reduce our pain and embarrassment. Meanwhile an order came to go to Straszuna Street to buttress the empty apartments and wait. A few hours later we were transferred via the yards in that street near the library, and there we waited for four days. These four days were filled with anticipation and nervousness. We did not know what has occurring; we only knew that Germans had opened fire on Straszuna and some leaders, like Yechiel Ilya Sheinbaum, (pictured below) and one of our friends from high school, Chaym Napoleon, were killed while returning fire. We waited for information or instruction about our escape to the forest. I was sent to one of the gates on Zavlana Street to see if there was any instruction, but I waited there for a few hours and nobody arrived, so I returned empty-handed. During those days they took my father to Estonia and I did not even have a chance to say good bye to him. I walked around crying without consolation; I totally lost all self-control. At home or in the street, tears kept falling and there was nothing I could do. I was very conflicted. I could not make up my mind about what to do: should I try to escape and leave my mother? Should I stay in the ghetto and wait for the fate that would surely come to all of us? The decision was taken away from me as soon as my mother found out I had the opportunity to escape to the forest and I could not make up my mind. She came to me and said very determinedly, "go, You might survive." At that point we did not really think that anyone would survive. We were sure that we would fall in battle, but the determination of my mother and the blessing that she gave me remain in my memory as a shining memorial of the awful moment that I had to leave her. We left the ghetto Sunday evening, the 12th of September, 1943. I was with the second unit of the FPO that was sent there. The first unit was taken by Alexander; our unit was headed my Moshe Rodnitski. Immediately, as we left, even before we all met in the suburb, we already lost one person. He got lost on the way and instead of going to the forest, he encountered German guards and was killed. The road was very difficult. Our unit contained over thirty people and more than half were women. We had but few weapons, and our scout many times did not know where to go. It happened that sometimes after we had walked for the entire night we would return to the same place we had started from. We had to cross The bridge over the Valinka river where the first unit encountered the German blockade. We did not use any rules of resistance fighters in crossing. We crossed it running, not using even minimal discretion. This was night time, and the only sign that we had to prevent us from getting lost was a little piece of pig-hide thrown there when our scout came to meet us in the ghetto. This was the only sign for us that we were on the right road. But we were very lucky in finding it and after we had walked for seven days we arrived at the forest without encountering any Germans. Avraham Sutzkever and Shmerke Kaczerginski, members of the Jewish underground in the Vilnius ghetto. With me were Avraham Sozkover, his wife Vitka, the author Shmarke Katzerginski, Galika Yankelevich, Firka Landau, and others I do not remember. When we arrived to the first partisan village, and we could walk there during daylight, our happiness could hardly be described. We entered the base of the division Nekama/Miest, or Revenge, and we encountered many of our friends from Vilna and felt great. Tragically, this happiness did not last for long. Yosef Glasman greeted us with these words, "my comrades and friends, I am very happy to see you, but I'm also very miserable that you arrived here because we sent an order to the ghetto but it must have been that you did not receive it. We announced that all the groups must go to the forest of Rodniki and there we would build new partisan bases." He hugged and kissed us but said there wasn't much he could do for us here. After us, there were a few other groups to arrive from the Vilna ghetto; some members from the FPO but also others whom I did not know. Yosef Glazman shortly left, together with a group of members of the FPO. He joined the Lithuanian partisans, from where he was supposed to go to the Rodnicki forest. We were very sad that we couldn’t join them. This occurred during the week when the Germans staged a blockade and Glasman with his group of 35 people were all killed while fighting the Germans. The blockade in our area only started when we were five or six days in the forest and we were still unfamiliar and inexperienced and did not know what we should do. We were left in the forest without anyone to advise or help us. We did not know where to go. Vlodka Saulovich, who was the head of Nekama, took his division from the base very late, on the second day, as his wife had started labor and he had waited for her to deliver. When he finally organized his division to move, we tried to join him, but he dismissed us cruelly after having taken all the weapons we had brought from the ghetto. He now used the weapons that we had risked so much to get. He drew one such weapon, pointing it at us, and said that he would kill us if we tried to follow them. So, we returned to the abandoned base and all gathered, becoming one group: members of the FPO from Vilna. We started wandering through marshes and swamps. Together, we survived the period of the blockade in the only way we could. I would like to here end this chapter of my life by saying that I lived in the forest for a year. On the 24th July 1944, we returned to Vilna after the Red Army liberated the town. Yitzhak Witenberg, the leader of the partisan movement during WWII. JewishGen Lithuania Database - This is a multiple-database search, which incorporates the databases containing over 300,000 entries from Lithuania. This is a multiple database search facility which incorporates all the databases listed: JewishGen Family Finder JewishGen Family Finder, JewishGen Online Worldwide Burial Registry, Yizkor Book Necrologies, HaMagid Lithuanian Donors 1971-72 and much more!. For more pictures of Vilna, click here. Watch a Virtual Exhibition on the Gaon of Vilna. Watch a movie about Vilna from the year 1939. Search the New York (all: 1820-1957), Baltimore, Boston, Galveston, Philadelphia, San Francisco, Hamburg Outbound, Canadian Border Crossings Passenger Lists. Jewish Community of Vilna; The Solly Yellin Center of Lithuanian Jewry. The Central Database of Shoah Victims' Names. The Vilnius (Vilna) Kehilalinks webpage was created by Joel Ratner and maintained by him through 2004. We thank Joel for his past efforts.

2019-04-20T14:35:53Z

https://kehilalinks.jewishgen.org/vilna/vilna.htm

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[MUSIC PLAYING] SPEAKER 1: This is a production Cornell University. SPEAKER 2: Welcome to the podcast of Mann Library's Chats in the Stacks Book Talk series. In today's, talk, originally presented at Mann on October 13, 2011, Walter De Jong of Cornell's Department of Plant Breeding and Genetics provides an overview of topics covered in his newest publication, The Complete Book of Potatoes. Beginning with the potato's importance to human civilization, Dr. De Jong's talk touches on this crop's versatility in food and nonfood uses, its disease-resistant varieties, conventional and organic production techniques, pest management, storage practices, and the sometimes surprising culinary qualities associated with different varieties. WALTER DE JONG: Thanks very much. If you have questions in the middle of the talk too, that's perfectly fine. I have a PowerPoint talk. And I can-- my wife, at the back, cannot hear me. [LAUGHTER] I'll speak louder. So I've prepared a talk, in case no one asks questions. But I fully expect that some of you will want to interrupt. And wave your arm wildly or something, and hopefully I'll notice. So today I'm talking about a book that I was part of writing along with my father and Joe Sieczka. There's a picture of us here in the next slide-- me on the right, my dad in the middle, and Joe Sieczka on the left. My father was a potato breeder with Agriculture Canada throughout his career. Joe Sieczka is retired from Cornell. He worked most of his career on Long Island. Both of them spent their entire careers working with potatoes. Assuming I have a normal lifespan, I'm closer to the beginning than the end of my career in comparison. So my two co-authors, in particular, provide an awful lot of practical experience in the book, much more so than I did. I guess that's enough said for that. So the book covers a wide range of topics. Clearly, there's the subtitle, which I'll get back to in a minute, about what every gardener and grower needs to know in terms of growing potatoes. But it also covers a lot about the history of potato, where it was domesticated and how it moved around the world, common diseases of potato, and some other interesting tidbits. I'm just jumping around to various parts of the book today, not in any specific order. I'm trying to get the stuff that's relevant from the gardening standpoint out of the way earlier in case I run out of time. So potatoes are currently the world's third most important food crop. But what's kind of amazing is that 500 years ago, they were only located in South America. And they weren't grown anywhere else. It wasn't until Europeans came to South America and brought them back to Europe, at which point they didn't do much for 200 years. But in the last 300 years or so, the spread of potatoes has been phenomenal, to the extent that they're now the third most important food crop in the world. There are a variety of reasons why potatoes have become so popular. One is that they're nutritious, for example, having a lot of vitamin C. In the North American diet, with the per capita potato consumption, about a third of our recommended daily allowance of vitamin C comes from potatoes alone. A lot of potassium. And while not so much protein, the protein is actually a very high quality. In addition to that, potatoes produce an awful lot of calories per unit of land. So especially if you're poor, and you have a limited amount of land, and you need to survive, potatoes are a really good choice of a crop to grow. And in addition, potatoes have an awful lot of genetic diversity, which allows breeders to adapt them to a wide range of environments. So it's that combination of things which has led potatoes to become so popular and widely grown throughout the world. Potatoes were first domesticated, it's thought, about 8,000 years ago around Lake Titicaca, which is on the border between Bolivia and Peru. Lake Titicaca is the highest navigable lake in the world. And in order for potatoes to become domesticated and spread around the world, there were really two key things that had to happen. The first was that we had to find ways to deal with glycoalkaloids, which are bitter and toxic compounds that accumulate in wild potatoes. And the second, which I get to, is about becoming adapted to long days. You probably have experienced what glycoalkaloids taste like when you've eaten the part of a potato that's green. The green is just chlorophyll. That's not a problem. But when potatoes are exposed to light, they also produce these glycoalkaloids, which are bitter. And if you eat enough of them, you'll get quite ill. And if you eat too much, you'll die. So there are different ways to cope with glycoalkaloids. In some parts of South America-- this is not widespread-- it turns out they've discovered, if you eat a particular kind of clay at the same time as you eat potatoes, you're good to go. Another one is this ancient process of freeze-drying the potatoes that is still currently practiced in some parts of the Andes where the potatoes that have glycoalkaloids are left out to freeze at night, then are trampled to break them open and left in a stream for the glycoalkaloids to leech out. And the starch is left behind. And the very lightweight product after you put them up, again, to dry is called [QUECHUA]. And you can store it for a year or more. So it gets around a problem that we have with potatoes for long-term storage. If you freeze-dry them, you can store them for a long time. And the way, of course, that has really allowed potatoes to become widely adapted is for someone to have, early on, identified plants that were relatively low in glycoalkaloids and then selectively propagated those. And that, of course, is what we currently eat as potatoes are potatoes that are low in glycoalkaloids, because someone identified them-- those that had low levels-- and multiplied them. Another big and important development for potatoes to spread around the world was for them to become adapted to long days. So wild potatoes normally will tuberize only when the days become relatively short. And so if you took a wild potato from the Andes and brought it here, you'd get no or very few potatoes. Most of the time, the potatoes would freeze before the days became short enough for them to produce enough of a crop. So this is a process that took, conceivably, quite a long time. And it's something that breeders have been dealing with over the past few centuries as well-- adapting potatoes more and more to be adapted to long days. So the end result is that while potatoes started off in a little area in South America a few thousand years ago and spread a little bit within South America, today, if you look at where potatoes are produced, it's all over the globe. And potato production has continued to change even over the past 20 years in particular, where now Southeast Asia produces a remarkably large number of potatoes China is now the world's number one producer of potatoes. And India comes in second. Together, those two countries produce a third of potatoes. I'm guessing that most of you don't think of Chinese as potato eaters. I can't say that I did either. I was in China this past summer. And certainly, in northern China, finding potatoes isn't hard. They're just about everywhere. This was the picture of a mountain I took. I called it Potato Mountain because that's all they had on the mountain-- potatoes as far as the eye could see. So again, just in a few hundred years, potatoes have spread phenomenally. I'm sure that when Columbus came to America and subsequent explorers, they were thinking about bringing riches back to Europe in the form of gold and silver. But with the aid of hindsight, really, the two big things that they brought back from the Americas were potatoes and corn, the number three and number four food crops around the world. So the subtitle of the book-- what do you really need to know to grow your own potatoes? Having grown up in a Baptist church, I feel like I need to give a three-point sermon. And so these are my three points, just to get straight to the chase. And then I'll just meander. So the first thing is that choosing the right variety makes a big, big difference in your success. And I'll elaborate on that. The second is that starting with certified disease-free seed also makes a really, really big difference in terms of your success. And since I need a third point, adding some fertilizer and water helps too. I won't comment more on fertilizer and water, other than to say, if you want a specific recommendation, about 3 and 1/2 pounds of 10-10-10 fertilizer per 100 square feet. And keeping water-- keeping the soil moist but not drowning is good. Potatoes do need a lot of water. In Ithaca, in our well-drained soils that my breeding program operates in, we're aiming for least an inch of water a week. OK, so potato varieties differ in an awful lot of characters. Any two potatoes in particular are far more different from each other than any two of us are different from each other. And of course, we all like to think we're very different from each other. Potatoes have more genetic variation than most crops. And so if you take any two potato cultivars, you'll find that they differ in a large, large number of traits. You'd expect them to differ in disease resistance. You'd probably expect them to differ in yield. Maybe you realize that they differ in cooking qualities and eating qualities. They also differ in length of the growing season and how well they store and an awful lot more. And so this sort of comes to the point of choosing a variety that has the attributes you want is kind of important if you want to be successful. Currently, the most popular potato variety in North America is Russet Burbank. It was developed by Luther Burbank in the late 1800s. And it has high yield and excellent taste and stores really well. So I guess the natural question is, well, what's not to like? And I pick on Russet Burbank because, to illustrate the point of why it's important to choose a right variety, if you grow a Russet Burbank in New York, almost all of your potatoes will look like this. The eyes have sprouted and formed tubers. And sometimes a little tuber that has the eyes on it then form additional tubers. And it just gets really, really hideous. Russet Burbank is really, really hard to grow in New York. In order to grow it well, you have to manage water exceptionally carefully. It's hard enough to do out West. And it's really hard to do here too. So this is the kind of thing that can happen if you don't choose your variety well, in addition to just having a really low yield. By the way, Russet Burbank was not actually the potato that Luther Burbank developed. He developed a potato that was just called Burbank's Seedling. And it wasn't russeted. Russet Burbank is a mutant of the original Burbank. And it has russet skin, unlike the original Burbank. That's the only difference. It has russet skin. This has actually caused a big problem for potato breeders in the century since because consumers have come to associate russet tuberous skin with high quality. Russet skin has nothing to do with quality, per se. But if that's what you expect to see in the supermarket and that's all you'll be willing to buy, breeders who develop potatoes, particularly in the West, are forced to develop potatoes with russet skin. And it's a hard trait to develop. I guess it's listed here that the Russet Burbank was found 20 or 30 years after Burbank was-- the seedling came about by a farmer in Colorado. Luther Burbank wasn't actually impressed with Russet Burbank. He thought it wasn't a good thing. This is the picture of Luther Burbank. That's actually a postage stamp. As far as I know, he's the only plant breeder who ever made it onto a postage stamp, certainly the only potato scientist who made it on. I think all potato breeders aspire to getting their picture on a postage stamp. So I suspect that many of you have never really considered that the starch content of potatoes has a profound impact on cooking and eating quality. So in particular, potatoes with high starch are very well suited for making French fries and potato chips, primarily because they absorb less oil. Water in the tuber gets replaced with oil when you fry it. And the more starch you have, the less water you have, so you don't take up so much. So French fry companies and potato chip companies like potatoes with high starch. Potatoes with high starch tend to have a very mealy texture and are kind of somewhat dry when baked, but also disintegrate when boiled. So if you want to boil a potato, I don't recommend boiling high starch potatoes, unless you want them to disintegrate. As a rough rule of thumb-- it's not absolute-- most russet potatoes are high in starch. On the other hand, low-starch potatoes generally hold together when boiled. And if you bake them, they're kind of moist. And these potatoes are more suitable for things like salads. And as a general rule of thumb, red-skinned potatoes are low in starch. I never realized until I became a potato breeder why I liked red potatoes. It has nothing to do red, per se. It's that I personally prefer low-starch potatoes. But I know many people have a preference for high-starch potatoes. My observation when we were running blind taste tests in my own breeding program was that the primary differentiator between people was whether they prefer high or low starch. And I think you'll each know who you are. When it comes to round, white potatoes, they can be all over the map. Some are high. Some are low. It just depends. So I've already illustrated why I think you probably don't want to grow Russet Burbank in your garden. So maybe it helps if I give you something that I would suggest you grow. The favorite potato of-- my favorite potato and that of all my staff-- and it wasn't because I dictated it to be the favorite potato. My staff actually convinced that it's a potato I should eat-- is Andover. And on the side wall over here are 10-pound bags of Andover that you're free to take with you and eat yourself. So you can see this. It turns out Andover was developed by my predecessor, Bob Plaisted. And it was originally intended for making potato chips. In my first few years at Cornell, I didn't want to eat it. Like, why would I want to eat a potato for potato chips? Until we began running these blind taste tests and it kept coming out on top. Eventually, the data persuaded me. And I've been eating Andover ever since. I don't want to pretend that Andover is the easiest potato to grow. It isn't. The vines are kind of weak. And if there's a drought, it doesn't hold up very well. But in terms of eating quality, it's really good. And anyway, you can see for yourself if you take a bag. So additional attributes of Andover is that it matures early. I mentioned that potato varieties differ in their maturity and when you can dig them. Andover, oh, you can dig them as early as the end of July, middle of August. That's fine. The vines mature early. It stores OK. And in terms of eating them at home, in general, as a breeder, I don't try to develop all-purpose potatoes, because the potato markets for French fries and chips and fresh are quite different. But I'd consider Andover about as all purpose as they come. And so in our experimental plots, when we have an extra row on the outside of a plot, we plant to Andover. We harvest a lot of Andover. And it's what I and my crew eat. So if I had to make a single recommendation, it would be to grow that. SPEAKER 3: [INAUDIBLE] WALTER DE JONG: Sure. SPEAKER 3: [INAUDIBLE] WALTER DE JONG: Not very good. SPEAKER 4: We didn't hear the question. WALTER DE JONG: The question is, how resistant is Andover to late blight? And I guess maybe I should expand on that. Nothing has good blight resistance. Not, in general, very good. Late maturing varieties tend to have better blight resistance than early maturing varieties. But, well, nothing is especially good. Nothing's completely immune. In the book, we actually provide descriptions of about 55 potato varieties. The book is intended primarily for an audience all across North America. And we had to cover potato varieties grown everywhere. What I'm doing in my next few slides is just picking on some varieties that I think, if you want to grow potatoes around here, are reasonable choices. Of course, you can grow more than I'm describing here. But from my experience in this area, these will do fine. And it's a bunch of different types that I'm suggesting. If you'd like to grow a red, Chieftain is an old variety. It's been around for quite a long time. It has good eating quality, is widely adapted, meaning it will grow well just about anywhere. And in a practical terms, what that means in a given region is no matter how bad the growing season is, you'll still do OK. It's also resistant to common scab, a trait I'll get to in a minute. If you like yellow-fleshed potatoes-- oh, there's a table in the middle of the room where there are few of the varieties that I'm talking about today. There's some Chieftain there. And there's also some Keuka Gold. Keuka Gold is the yellow-fleshed variety named after Keuka Lake, one of the Finger Lakes. If you want to feel like a hero when you're a gardener, grow some Keuka Gold. And I say that because Keuka Gold is the highest yielding variety that was ever developed by Cornell. Again, released by my predecessor, not by me. And it's really hard to go wrong with Keuka Gold. It'll certainly crush Yukon Gold in terms of yield. And the eating quality is also pretty good. And it's resistant to common scab, which is an attribute that I think many of you will find you wish you had resistance for when you grow potatoes. And when we've run-- put potatoes into various organic trials, Keuka Gold has typically come out in the top yield in those trials as well. Not to say it's so resistant to everything. But it just yields so much that you still get a decent yield regardless. So common scab. Common scab's a soil-borne organism. It's kind of ubiquitous. If you put not completely composted compost or manure in your garden to increase the organic matter, you're likely to have increased problems with this. Nothing is completely resistant or immune to common scab. It's all relative. But, well, these are four different potato lines that were grown in the same field. And you can see what I mean by relative. Some of them held up pretty well, and some of them got hammered. If you see deep pits like this in your potatoes, look to see what's resistant to common scab and plant that next year in your garden. I can guarantee some of you will experience this. Just pointing out that, in terms of an important attribute in varieties, if you have common scab is to look for something with resistance, like Chieftain and Keuka Gold. Another fun potato to grow is Caribe. It's a purple-skinned potato with bright white flesh. It's also early maturing. Probably the most embarrassing moment in my entire life was when I once asked my dad, after I'd been here for a few years, if he knew anything about the variety Caribe. And he said, yes, I bred it. [LAUGHTER] There are certain things you can only walk into in when your father and you are in the same profession. So I suggest Caribe if you're interested in a purple-skinned potato. Another potato that some of you have likely heard of was released during my time here. The breeding was largely done by Ken Paddock, a former employee in the potato program-- Adirondack Blue, which has completely purple flesh. All Blue, which might be a purple-flesh variety you know of, does not have completely purple flesh. All Blue is not all blue. All Blue is blue and white. Adirondack Blue is all blue in terms of being completely purple. If you cook Adirondack Blue, I'd suggest not boiling it, because the purple pigments are water soluble and will leech out. Bake it, or microwave it, or fry it, and you'll retain more of the purple color. We also have released a variety called Adirondack Red, which is red inside. I don't have a picture of that here. For me, one of the more interesting potatoes I've seen in the past few years is Papa Cacho, a Chilean heirloom variety that was introduced into New York State by my colleague Keith Perry, who runs the New York State seed farms in the Department of Plant Pathology. Papa Cacho doesn't yield very high. But the tubers are really interesting. There are a couple Papa Cacho tubers on the table and a potato from a cross with Papa Cacho. The tubers can be like 8 or 10 inches long. They're unlike anything you'll find in a supermarket here. So if you just want to have fun, Papa Cacho is fun. And I think the last potato I'll mention that's described in the book is called Ozette. Ozette is different than most North American potatoes because it didn't take the usual trajectory of potatoes into North America, meaning from South America to Europe, and then spreading to North America. Ozette seems to have come to North America directly from Chile, brought up by Spanish explorers and brought to the Native Americans who lived on the West Coast at the time. It was found a few years ago that the Makah Nation were growing Ozette, It's a really special potato to them. They are unwilling to sell it to anyone. But they are prepared to give it to you as a gift. So they think that it's too important to sell. But it can be given as a gift. I hate to admit that you can actually buy this from at least one company on the internet. But Ozette has-- well, it's somewhat long, yellow flesh, with lots and lots of eyes, kind of a pine cone appearance. And it has a unique appearance, clearly. So earlier I mentioned that there are three things you need to do to ensure your success. Choosing the right variety is important. And another really big one is starting with disease-free seed. So if you happen to repeatedly plant your potatoes year after year after year after year, you'll almost inevitably see that the yield will dramatically decline over time-- maybe just one season. And this happens because potatoes accumulate diseases, especially viruses. Once a potato plant has a virus, all its daughter tubers will have a virus. And they'll act as the source of inoculum the next year. And yields will go down. So the way to get around this is to, every year, start with what is called certified seed. It's certified to be free or at least very low in diseases, especially viruses. I actually don't know if you can still do it. I know when I last looked, you could buy certified seed of some varieties from Agway in Ithaca. You can also buy certified seed from lots of different companies through mail order or on the internet. Supermarket potatoes are generally not a good source of seed, in part because they may harbor diseases that you don't know about. And sometimes because they're sprayed with sprout suppressant, and they just won't sprout. So that won't get you anywhere. So you should really start with disease-free seed. In terms of what to do with seed-- yes. SPEAKER 5: Sprout suppressant? WALTER DE JONG: Yes. SPEAKER 5: What is that? And what happens if we eat it? [LAUGHING] WALTER DE JONG: So the levels and you would find, the FDA or whatever agency regulates this will have deemed are not dangerous for your health. But what they do is they stop the sprouts from growing. SPEAKER 3: Is it a plant hormone? WALTER DE JONG: Well, they can be plant hormones or various analogs. SPEAKER 5: [INAUDIBLE] WALTER DE JONG: Well, the industry is trying to move away from sprout suppressants and is looking for potatoes that have longer dormancy. But it can be an issue. Yeah, so if you're going to plant potatoes, depending on what size of potatoes you get, you'll find you may have to cut them. Ideally, it's easiest if you get little potatoes that are about 2 ounces in size and you can plant the seed pieces whole. But if you get them larger, you have to cut them. This is sort of a diagram-- it's from the book-- about how you can cut round seed pieces in order to ensure that each piece has at least one eye. And the final seed pieces are each about 1 and 1/2 to 2 ounces in size. If you're cutting seed from a long potato, well, you really only have one choice about what axis you'll cut them on. Just make sure you cut them so each piece has at least one eye. A question I get asked a lot from potato novices is how deep to plant. And I guess the questions that follow after that is how far to plant them apart in a row. I'd say 9 inches or so is a good starting point for how far to plant them apart in a row. And how far should the rows be apart? About 3 feet. In terms of how deep to plant-- well, I guess I'll answer the question first. About 3 to 4 inches is where you start. And it helps to consider how a potato plant grows to understand why we have to plant them at that depth and why we end up hilling the plants as the season goes on. So initially, you plant the seed piece. It's sort of diagrammed as the mother tuber here. And the roots go down. And the shoots go up. Potatoes are underground stems. And they form at the end of horizontal stems that we call stolons. All the stolons, of course, have to come off of the stem that has gone up. So they're all starting at a point that's higher than the mother seed piece. So daughter tubers form above where the seed piece was. So you need to plant at some depth-- 3 to 4 inches, I guess is what we're recommending so that the tubers can form. There's still soil for them to form. But not too deep, because if you plant the potatoes too deep, it takes too long for the shoots to come up. And there are all sorts of soil-borne fungi that can attack them and kill them before they ever make it. So there's this balancing act in that regard. Of course, when you're growing potatoes during the year, you normally pile some soil up on the stems on either side, a couple of more inches. The purpose of piling that soil up is to ensure that any potatoes that form near the surface of the soil don't get exposed to light, turn green, and then accumulate those glycoalkaloids that you don't want to eat. In general, you should aim for a broader peak rather than really sharp one. You don't just have to cover up potatoes with soil. You can also use straw to cover up potatoes. Just put them in the bottom of a furrow. And either put some soil on and then use straw as the mulch, or if you want to, you can just put straw on them-- quite a bit of straw, mind you. It helps if the straw doesn't have any weed seeds in it, because rodents come in, initially eat the seeds, and then eat the potatoes. But if you manage to pull this off without covering the potatoes at all with soil-- the seed pieces-- then your potatoes will be soil-free inside the straw. You can also cover up potatoes with black plastic mulch instead of straw. Black plastic mulch helps to warm up the soil so your crop comes up earlier. If you greensprout your seed pieces-- I mean leave them out in the sun, which keeps the sprouts short-- for a week or two before putting them in the soil, that also speeds up how long-- accelerates the time to which you can harvest your crop. And you can also start potatoes from true potato seed. So potato scientists distinguish between seed potatoes, which are tubers, and true potato seed, which are botanical seed that form in fruit. If you haven't seen potato fruit, they look just like tomato fruit because potatoes and tomatoes are closely related. And there's the picture of some. You can either-- well, typically, if you collect seed on a plant that you haven't deliberately fertilize-- pollinated like plant breeders do, it'll be a self. The plant will have selfed. And potato exhibits inbreeding depression. And the yield of the potatoes that you get from the seed will be less than the plant you started with. Each of these seeds-- in distinction to the question you asked before if you're planting tubers. Each of these seeds is a genetically distinct individual. This can make it fun. You can make crosses so that you end up with white potatoes, red potatoes, and purple potatoes all showing up from your seed. But there's a big drawback in starting with true potato seed. Actually, there are two big drawbacks. One is that there is no uniformity in the crop. Of course, that could be what you're aiming for. But if each plant matures at a different time, it's a bit of a pain to decide when you're going to harvest, for example. So this is just a photograph of true potato seed after it's been dried. And you can also buy from some companies pelleted potato seed. So it's easier to work with. And you can plant an individual one. The other big disadvantage to growing potatoes from potato seed is that it takes a lot longer to get a crop. So you have to start them indoors, just like tomatoes. You can't wait until you'd normally plant potatoes and plant one and hope you're going to get a decent crop. So you'd treat them like you would tomatoes. Start early growing them indoors and transplanting outside if you'd like to try that. The big advantage-- and this is of planting true potato seed compared to tubers-- is that most viruses are not transmitted through true potato seed. So in some developing nations where viruses are a problem and labor is really cheap, they'll plant TPS. But most of the world plants tubers. And there's just a picture of some little potato seedlings. So for the most part, potato breeders-- and there are only about 12 of us in North America. We're about the only people who work with potato seed and potato seedlings every year. My program plants-- well, not this past year. But generally, 20,000 to 30,000 of these every year. A question often comes up when you work with potatoes is, oh, wouldn't it be cool to graft a tomato on top of a potato? And you can get tomatoes on top and potatoes underground. So this is nothing new. Luther Burbank was doing it 100 years ago. For the purposes of the book, my dad did it, just to illustrate what happens. Oh, this is a tomato plant grafted onto the potato variety Kennebec. This picture's in the book too. And so is the next one. SPEAKER 4: Are there potatoes developing in the pot? WALTER DE JONG: Well, you'll see that in the next picture. So the tomatoes did OK. But the potatoes, that's pretty much a bust. [LAUGHTER] So the bottom line is the plant only produces so much photosynthate. And the tomatoes seem to be winning the battle. Tomatoes also don't, apparently-- aren't sending that much tuberization signal down to tubers. So in terms of scale, this is the bottom of the stem. That's not very big. So the yield was-- by the time the tomato shoots were dying, the yield was not good. So there are companies that sell kits, you know. [LAUGHTER] Nice idea. But it just doesn't work so well in practice. I admired my dad for doing it. So I've already mentioned one disease in potato that's a real nuisance. And that's common scab. Common scab, by the way, there's no chemical treatment for common scab. Well, actually there is, but none that you could use. The only one I know of is you can fumigate your field with tear gas. And some farmers do it. But it's expensive, a few hundred bucks an acre. It's nothing we can do. So if you have common scab, you're stuck with disease resistance or bust. Two other serious threats in potato are late blight and Colorado potato beetle. In North America, I guess these would be the big two that can completely hammer your crops. So if you're going to grow potatoes, I thought you should at least know what these look like. If you find a potato plant with brown lesions surrounded by a light green halo, that's probably going to be late blight. If you look on the underside of a leaf when it's moist and the area that corresponds to the light green halo is sporulating-- you see this white, powdery stuff. Yeah, that's late blight that you have. Late blight spores can travel great distances. And if it's cool and prolonged wet, that's perfect conditions for late blight. There is now a nationwide network that monitors where late blight is that you can-- USA blight, I think it's called if you Google it. You can sign up. And they'll send you emails about where late blight is located each week. This isn't in the book because this network only formed in the past few months, as far as I know. And you can find that, uh-oh, late blight has been found in Pennsylvania or western New York. My time is nigh. If you do find late blight, probably the best thing you can do is just kill your vines, chop them with a weed whacker or something. Or let them die. Leave the potatoes in the ground for at least two weeks. And the reason you do that is so that any tubers that have become infected will just rot. They're just gone. And what's left, you can eat. If you find it too early, well-- I mean, if it happens too early, you just lose. Late blight is devastating. It can completely wipe out your crop in a week. There's no doubt about it. In terms of resistance, there is some. Later maturing varieties tend to be better. But there's nothing that's highly resistant to late blight. Colorado potato beetles are voracious and promiscuous pests. If any of you grow potatoes, you've probably seen potato beetles. And you'll often find them in this pose. It's not hard to find them like this. They will completely devour your plants. If you don't control them, within a few weeks, all you'll have left is stems. I've seen fields like this in Russia-- just completely defoliated. Those were peasant fields. That was kind of sad. I've also seen them in experimental plots, which that's fine, but when you're trying to eat them. Particularly for home gardeners, this isn't actually too hard to control. You just look for them, and pick them off, and crush them, or put them in soapy water. But you also have to make sure you get rid of the eggs. You'll find them on the underside of leaves. They look like this. And also get rid of the larvae, which look like this. You'll typically see an awful lot of these, hundreds on your plants. And your leaves will be disappearing quickly if you haven't gotten them early enough. One cute way to control, or at least to reduce your problems with Colorado potato beetle-- potato beetles overwinter in the soil during the winter. And they can't fly when they come up in the spring. All they can do is walk. So if your garden location has changed, you can dig a trench and put black plastic in the trench. I guess it doesn't have to be black. And the potato beetles will walk toward the potatoes. And they'll fall in the trench and land in the plastic. And then they can't crawl out again. It's just great. And they just die in the bottom of the trench. You can also use, early in the season-- I want to say a flame thrower-- a propane torch. If you singe the plants, not enough to kill the leaves but enough to-- you can burn the legs off the beetles. And they fall off. [LAUGHTER] This is actually used commercially. I'm not-- they'll pull a big flame thrower that can-- well, a torch over many rows simultaneously as a way to reduce the levels. Oh, the number of ways to kill potato beetles is-- [LAUGHS]. My predecessor-- not my predecessor. Ward Tingey was an entomologist at Cornell who just retired last year or the year before. I forget when. And his talks at potato meetings were always well-received by the growers because he would describe the new modes of action of insecticides for potato beetles. He talked about one which paralyzes the muscles in potato beetles. And basically, they'll bite. And then they can't let go, which for some reason, potato growers really warmed to that idea. One last story, and then I'll stop. Maybe my favorite story in the book deals with one way that potato-- I'll just jump into the middle. It turns out, during the war-- there were some wars between France and Prussia in the late 1700s. And it was observed by the powers that be that potatoes were a really useful crop to have. Because if an army came through and burned all the grains, you lost all your food. But if they tried to burn the potatoes, well, you still had the tubers underground. So it was to your advantage militarily if, at least, you planted some potatoes. So there was the fellow, Antoine-Augustin Parmentier, who ended up being a high official in the court of Louis the XVI and Marie Antoinette. And he wanted to encourage the people on the outskirts of Paris to grow potatoes. And he thought he couldn't convince them just by telling them to grow potatoes. So he adopted a different approach, which was to plant a large field of potatoes and then have a heavily armed presence, heavily armed guard monitoring the field day and night throughout the growing season. And at the end of the growing season, he asked the guard to leave. So the people who were in the surrounding areas thought, ooh, something in there is really valuable. Let's go steal it. And they did. So that's just one of the small ways in which potatoes' adoption was increased in Europe and led it to be so widely grown today. So that's all I have to say. [APPLAUSE] [MUSIC PLAYING] SPEAKER 1: This has been a production of Cornell University, on the web at cornell.edu. Walter De Jong of Cornell's Department of Plant Breeding gives an overview of successful strategies for growing potatoes in a variety of conditions. His October 13, 2011 talk was part of Mann Library's Chats in the Stacks series. De Jong is co-author of "The Complete Book of Potatoes: What Every Grower and Gardener Needs to Know."

2019-04-26T12:41:05Z

https://www.cornell.edu/video/growing-potatoes-what-every-gardener-needs-to-know

There is no doubt the Seattle Seahawks showed a tremendous amount of heart on Sunday. Unfortunately at the end of the day the deficit was too big and time was too little. The 2015 campaign comes to a close as the Carolina Panthers defeat the Seahawks 31-24, eliminating Seattle and advancing to next week’s NFC Championship Game against the Arizona Cardinals. The NFC will be represented in the Super Bowl by a team other than the Seahawks for the first time since 2012. For this preview I will break the game down into two huge chunks, the frustrating disaster that was the first half, and the incredible comeback which fueled the second half. Here are my final thoughts of the 2015 season. The First Half: The Seahawks spotted the Panthers 31 points going into the halftime break. Everything that could go wrong did go wrong and both the Seattle offense and defense were to blame. On the very first play of the game Panthers running back Jonathan Stewart broke through into the Legion of Boom and galloped all the way down to the Seattle 16-yard line, a gain of 59 yards. This set up a Stewart touchdown run 3 plays later giving the Panthers a 7-0 lead only two and a half minutes into the game. On the Seahawks first possession of the game Carolina stole away any momentum the Seahawks were trying to muster and held a tight grasp on it for the rest of the half. On second down Russell Wilson felt immediate pressure and forced a pass to the middle of the field in the direction of Marshawn Lynch. Lynch had yet to turn around and Panthers linebacker Luke Kuechly intercepted the pass and ran it in for a touchdown. 14-0 Panthers less than three and a half minutes into the game. After a Seahawks punt the Panthers drove down the field and scored again on a Stewart 1-yard touchdown run. 21-0 Panthers. On the first play of Seattle’s next possession Wilson felt rushed again and threw a low pass which was intercepted by Cortland Finnegan. A Carolina field goal made it 24-0 Panthers with 12:37 left in the second quarter. The nightmare continued on Carolina’s next possession. After a Seahawks punt the Panthers drove 54 yards in 9 plays culminating with a 19-yard touchdown pass from Cam Newton to Greg Olsen. The Seahawks went into the halftime break down 31-0, their largest deficit in a game since 2010. I noticed a few things in the first half that drove me crazy, some which we could control and others we really could not. For starters as the score went up I felt like our defense started to play panicked and tried to force their play. What I mean by this is instead of good fundamental tackling we would try to force takeaways by forcing the ball out which at times helped Carolina gain extra yards. Third down defense was also a problem, as Carolina converted 71 percent of their third down chances in the first half. On offense I found quarterback pressures and hurries to be particularly frustrating. One of the best facets of Russell Wilson’s game is his escapability and he did not do a good job of creating plays in the first half. He felt too comfortable in the pocket and trusted his offensive line almost to a fault. I also believe Wilson and the Seahawks offense discounted the speed of the Panthers defense. They absolutely swarmed him and ate him up in the first half, leading to two turnovers and a sack. The field also did not do the Seahawks any favors either. Players were slipping, sliding, and falling down throughout pregame warmups which led to harsh criticism which was discussed on the FOX broadcast in the early part of the game. Marshawn Lynch looked particularly uncomfortable playing on that sloppy surface, especially since the majority of his success running the ball depends on him being able to be shifty and cut sharply on the turf. The Second Half: My hope was that if the Seahawks could somehow score 21 points in the third quarter to cut the Panthers lead to 10, we could put ourselves in position to potentially make the greatest comeback in NFL playoffs history a reality. For a time it looked like it might be doable. The Seahawks adjusted wonderfully coming out of the halftime break and came out firing. On the first offensive possession of the second half the Seahawks were set up thanks to a 50-yard kick return by Tyler Lockett. A personal foul by Carolina on the kickoff gave the Seahawks an additional 15 yards. On the fourth play of the drive Wilson connected with Jermaine Kearse for a touchdown. After forcing the Panthers to punt the Seahawks took their next drive all the way down the field resulting in a touchdown pass to Lockett. Halfway through the third quarter the Seahawks were only 7 points away from my goal. It was 31-14 Carolina. At the pace we were going I thought an epic comeback was a real possibility at this point but after our next drive resulted in a punt it started to feel like it was going to be extremely difficult. The Seahawks got the ball back with 9:34 left in the game and we drove down the field to score a touchdown in 3 minutes and 28 seconds. With just over 6 minutes left in the game, two timeouts, needing two scores, and the Panthers getting the ball again the blueprint was set in terms of what we needed to do; force a Carolina punt, score, recover an onside kick, and score again. Step one was completed after Carolina held the ball for another 3 minutes. The Seahawks got the ball back with 2:49 left and kicked a field goal cutting the deficit to 7 with the clock reading 1:12. Just like last year’s NFC Championship Game, the Seahawks season continuing depended on recovering an onside kick. Steven Hauschka’s onside attempt was a good one but the ball was caught and held on to by Thomas Davis, sealing the victory for the Carolina Panthers. It was a gritty, heartwarming effort. The Seahawks were dead to rights and the resolve this team showed shows exactly why we are able to be competitive in any game we play. No deficit is too big for this team and we came one score shy of tying or perhaps even winning the game. Hindsight is 20/20, but if the Seahawks would have been able to kick a field goal in the first half (either Hausckha’s miss at the end of the first half or deciding to kick a field goal instead of going for it on 4th and 5 late in the first half) and if Wilson would not have thrown one of his two interceptions there is a real possibility we are talking about a Seahawks victory instead. At the end of the day, turnovers may have been the primary culprit, which is what I was wary of in my game preview. Thoughts on Carolina: This is a defense-driven football team and they are extremely good. With today’s performance I now am questioning whether or not the Seahawks have the best defense in the league. If not, that title definitely belongs to the Panthers. They will host the Cardinals next week and if they play exactly like how they did today, it will be the Carolina Panthers representing the NFC in Super Bowl 50. I look forward to playing the Panthers next season, arguably the best opponent we will play at CenturyLink Field in 2016. Random Thoughts: The Seahawks will pick 25th, 26th, or 27th in the first round of the 2016 NFL Draft. The pick better be used on the best offensive lineman available… The 2016 schedule will be released in April but here are our opponents next season. Home games at CenturyLink Field: Arizona Cardinals, Los Angeles Rams, San Francisco 49ers, Carolina Panthers, Atlanta Falcons, Philadelphia Eagles, Buffalo Bills, Miami Dolphins. On the road: Arizona Cardinals, Los Angeles Rams, San Francisco 49ers, New Orleans Saints, Tampa Bay Buccaneers, Green Bay Packers, New England Patriots, New York Jets… 37 days until the start of the NFL Scouting Combine and 102 days until the NFL Draft. Thank you guys once again for logging on and reading this season. It always means a lot to me that you read and care about what I write. On to 2016. Go Seahawks! We meet again. For the second consecutive season the Seahawks will take on the Carolina Panthers in the NFC Divisional playoffs. This time around however the tables have been turned. The Panthers enter this game after a 15-1 regular season, an NFC South division title, and earning home-field advantage throughout the NFC playoffs. With their win last week the Seahawks advanced to the NFC Divisional round for the fourth straight season but instead of hosting like they did last season they have to travel across the country to take on the Panthers this January. The Seahawks won games against the Panthers in Charlotte in three consecutive seasons from 2012-2014. In their 2015 meeting in Seattle earlier this season however the Panthers bested the Seahawks 27-23. This will be an extremely difficult matchup for the Seahawks but I believe we match up well with what the Panthers will put onto the field. Here is what I will be watching for. The Marshawn Lynch mystery drags on for at least one more week. The star running back has practiced all week and proclaimed to ESPN that he is “ready to go” but it will come down to a game-time decision if Lynch actually suits up and plays. If Lynch cannot go it will be Christine Michael who starts at running back once again. For the rest of the Seattle offense, much improvement needs to be shown in order to compete with the Panthers on the scoreboard. Quarterback Russell Wilson must improve on his accuracy because there is little doubt the fantastic play of the Minnesota defense last week rattled him. Limiting turnovers will also be a big key in the way this game plays out. Carolina leads the league in turnovers with 39, which are 10 more than any other team. They also lead the league in turnover differential with a mark of +20. The Seahawks offense will need to take the majority of their drives deep into Carolina territory in order to stay in this game. Many people may not realize this but the Seahawks defense will play this game with a couple of big-name players who did not play against Carolina back in week 6. Back in October K.J Wright moved from outside to inside linebacker in place of Bobby Wagner who missed the game with an injury. This week Wagner will be back starting at middle linebacker and will be a tackling machine in the middle of the field. In 3 career games against the Panthers, Wagner has averaged 7.3 tackles per game and has also sacked Panthers quarterback Cam Newton once. In addition to Wagner, Jeremy Lane will start at cornerback. Cary Williams, who is no longer on the team, started at cornerback against the Panthers earlier this season. Lane’s primary job will be to cover Panthers wide receivers Philly Brown and Devin Funchess. Last week the Seahawks only forced one turnover. If the Seahawks defense can force at least two turnovers in the game we will be in decent shape. The Carolina Panthers offense is one of the very best in the National Football League. Quarterback Cam Newton is considered to be a most valuable player candidate this season. All year long Newton has had fantastic on-field chemistry with tight end Greg Olsen. Olsen is Newton’s number one target and his numbers correlate to this notion. 26 percent of Newton’s passes were completed to Olsen this season. That percentage translates to 77 catches for 1,104 yards (both team highs) and 7 touchdowns. Olsen’s second best game of the season came against the Seahawks back in October. There is much more to the Carolina offense however and there are two other players whose presences cannot go unnoticed. My X-Factor Players to Watch for the Panthers are Pro Bowl running backs Jonathan Stewart and Mike Tolbert. I put my X-Factor spotlight on these two guys not because of their production on the ground, but the role they can play in the Carolina passing game. Stewart and Tolbert have combined for 253 receiving yards and 4 touchdowns this season. After watching film I see the possibility of Newton targeting these backs on screen passes and wheel routes/rollout passes inside the redzone. Each level of the Carolina defense features incredible talent. Four Panthers defenders have been named to the Pro Bowl. The middle of the field will be a risky place for Russell Wilson to throw into as the Panthers are led by veteran linebackers and tackling machines Luke Kuechly and Thomas Davis. Cornerback Josh Norman has had a meteoric rise to being one of the best cornerbacks in the league. His 4 interceptions and team-leading 18 passes defensed defend this reputation. The matchup that may have the most say in the Panthers season continuing on to the NFC Championship Game will be defensive tackle Kawann Short against the Seahawks offensive line. Short recorded 11 sacks this season and is considered one of the best pass rushers in football. Short is averaging one sack in each of his last 5 games and he was also able to bring Russell Wilson down in the backfield twice earlier this year. In short (no pun intended), this Panthers defense is scary good and it will take a monster effort to take them down. Random Thoughts: At the start of the playoffs I assumed since the Seahawks would have to play three straight road games to get to the Super Bowl, that we would be wearing white throughout January. Instead the Panthers have elected to wear white jerseys and white pants this week. This means the Seahawks will wear college navy jerseys. The Seahawks will pair these jerseys with wolf grey pants. The Seahawks won in this combination in Carolina in both 2012 and 2013… Joe Buck and Troy Aikman have the call for FOX’s only broadcast of Divisional weekend… The referee this week is Tony Corrente… Nothing and I mean NOTHING would make me happier than to see all the Seahawks players “dab” on the sideline and take a group photo if we win. For those not familiar these are the hijinks the Panthers have participated in all season long at the end of their games and it would be a tremendous troll job if the Seahawks came away victorious and stuck up the proverbial middle finger in this way. If this happens look for Michael Bennett and perhaps Richard Sherman to lead the way… Brunch n’ ball for the final time this season. I’m glad this is the final 10am game of the season… Speaking of 10am starts, a random thought unrelated to this game. I am thrilled the Rams have relocated to Los Angeles. We know better than any other city what greed and corruption happens behind the scenes when it comes to franchise relocation (SuperSonics, duh) and from this perspective it is sad to see the Rams leave St. Louis. The reason I am thrilled however is because it benefits the Seahawks. Instead of traveling to the middle of the country each season we will now fly to Southern California. This eliminates one 10am kickoff each season and the Seahawks never have to play at the Edward Jones Dome again. The Seahawks went 7-7 in St. Louis dating back to 2002. Instead these road games against the Rams will be played at the Los Angeles Memorial Coliseum for the next three seasons which is a stadium not known for having an intimidating home field advantage. It is still a little weird to see “Los Angeles Rams” in print. It will take a little while to get used to. Prediction: The Seahawks have lost 6 straight Divisional playoff games played on the road. Although I hope I am wrong I believe that streak continues on Sunday. The first half will be an entertaining defensive battle with Carolina taking a 13-10 lead into halftime. In the second half however the Panthers defense will shut the Seahawks offense down. Carolina will score a touchdown (with a missed extra point), and two field goals on their first three possessions of the second half. The Seahawks will have opportunities to claw back into the game but Russell Wilson will throw two interceptions and the Carolina defense will also force a fumble near the end of the third quarter. The Seahawks season will end and the Panthers will move on and host the Arizona Cardinals in next week’s NFC Championship Game. When you look at the recent history of Seahawks road playoff games you see a handful of losses which end in heartbreaking fashion. It looked like this game was heading down that path as well. Instead, we survived. Minnesota kicker Blair Walsh shanked a 27-yard field goal with 20 seconds left and the Seahawks escaped a gelid TCF Bank Stadium with a stunning 10-9 victory over the Minnesota Vikings. The Seahawks will take on the Carolina Panthers next Sunday in the NFC Divisional playoffs. As astonishing as that missed field goal at the end was, this was a very frustrating game to watch. Here are a few talking points I took from today’s win. Offense Out of Sync: Part of my frustration about this team is how hot and cold the offense is. After dominating Arizona last week, the Seahawks had an extremely difficult time moving the ball and driving deep into Vikings territory. I contribute three things to this. First and foremost, the Minnesota defense is ridiculously good; much better than I thought they would play and absolutely better than the effort they put on the field back in December. The Vikings run defense was on point and their pass rush was particularly scary. Despite the fact that he was only sacked twice, quarterback Russell Wilson was constantly feeling the pressure and the Vikings defensive ends did a fantastic job rushing behind Wilson to take away his ability to run backwards and escape. Another contributing factor I correlate to the Seahawks sluggish offensive performance is the communication issues from the sideline. The Seahawks burned three timeouts because the offense was slow approaching the line of scrimmage and had to take a timeout to avoid being penalized for delay of game. Lastly the subzero temperatures did affect the Seahawks. To me the team just did not look like they were comfortable being on the field and Wilson struggled to connect on many short and intermediate throws, something that is uncommon to see. The offense will have to be sharp next week in order to keep the game competitive. Executed to Perfection: This was the play that changed the game. With 13:02 left in the game the Seahawks had the ball 1st and 10 at the Minnesota 39. Out of the shotgun the ball was snapped past Russell Wilson’s head. Wilson had to retreat 10 yards where he slid on top of the ball. He then got back up and scrambled to his right and floated a pass to Tyler Lockett which was caught at the line to gain. Lockett took off to the left and was knocked out of bounds at the 4-yard line. I am just going to assume that is exactly how offensive coordinator Darrell Bevell drew it up. This play gave the Seahawks a huge momentum boost and they were able to score two plays later on a touchdown pass from Wilson to Doug Baldwin, cutting the Vikings lead to 9-7. If you take away this drive, this magnificent play, and the touchdown, the Seahawks would have scored only 3 points on 146 yards of offense. This sequence saved our season and there is little doubt about it. Wide Left: There is no good reason to miss a 27-yard field goal. I thought it was such a sure thing that I started to think about a potential Tyler Lockett kickoff return with 15 seconds left to set up a shot at a miracle ending. But there was one thing that made me feel hopeful that Blair Walsh would miss his field goal attempt at the end of the game. They had replayed the field goals he made earlier in the game multiple times and on one of his kicks the laces of the football were not spun outwards. On another one of his makes the laces were spun sideways, not all the way out. On his missed field goal at the end the laces once again were not spun out, a significant gaff that contributed to Minnesota losing this game. You have to feel bad for a guy who scored all of the Vikings points but could not come through in the clutch when the team needed him most. Thoughts on Minnesota: This is as simple as I can state it: this team is very talented. The best part is that outside of Adrian Peterson, they are all young. The Vikings will contend with the Green Bay Packers for division titles for years to come and in a couple years I would not be surprised to see this team making deep runs in the postseason. What’s Next: For the second consecutive season the Seahawks will play the Carolina Panthers next Sunday in an NFC Divisional playoff game. Look for my preview of next week’s game on Saturday morning. On December 6th the Seahawks rolled into Minneapolis and delivered a monumental beat down to the Minnesota Vikings 38-7. One month later the Seahawks will look to do the same thing in order to keep their season alive. The Seahawks travel to TCF Bank Stadium once again on Sunday as they take on the NFC North champion Vikings in an NFC Wild-Card playoff game. The Seahawks enter as the number 6 seed and a win will punch their ticket to Charlotte for the NFC Divisional playoffs. The Vikings are the number 3 seed and a win will send them to Arizona to play the Cardinals next week. Of course the loser of this game sees their 2015 season come to an end. The theme in this game is “different.” There will be multiple things that will be different this week from the last time these two teams faced off 5 weeks ago. For the Vikings, several things will have to be different in order to advance to next weekend. Here are a small handful of differences I will have my attention on in this game. Last time around Seahawks quarterback Russell Wilson completed 78 percent of his passes for 274 yards and 3 touchdowns. The Seahawks also added 101 yards and a touchdown on the ground by running back Thomas Rawls. Rawls is on injured reserve and this week the Seahawks will start someone who was not even on the roster back in week 13, running back Christine Michael. Michael will be thrust into the starting role after the unexpected breaking news Friday night that Marshawn Lynch, who practiced all week and seemed ready to go, ruled himself unable to play. Michael has an opportunity to completely change critic’s opinions of him as an NFL player with a strong performance in Minnesota. Establishing the run on first down will remain important but do not be surprised to see more passes called on first down than runs. If Michael can get going early and be able to put up at least 80 yards on the ground it will take pressure off of the passing game and the Seahawks offense will be able to control time of possession, putting Minnesota at a disadvantage. In my preview of our regular season matchup against the Vikings I talked about how important it was for the Seahawks defense to corral Minnesota running back Adrian Peterson. This is the one and only constant I will be focused on this week. It is the same story as last time: shut him down, win the game. Peterson was held to his worse stat line of his season against the Seahawks, rushing 8 times for 18 yards. In the 4 games to end the season after playing Seattle Peterson averaged 21 carries for 76 yards and recorded 3 touchdowns. Linebackers Bobby Wagner and K.J. Wright combined for 17 tackles against the Vikings in the regular season so look for Kris Richard to stuff the box to help defensive tackles Brandon Mebane, Ahtyba Rubin, and Jordan Hill out. One of the biggest reasons this game will be different for the Minnesota Vikings is unlike in our last meeting, Minnesota’s defense is close to full strength. Multiple players who were inactive or hurt during our matchup five weeks ago will be on the field this Sunday. This includes safety Harrison Smith and linebacker Anthony Barr. I am putting my X-Factor spotlight on another one of those players who may be back on the field on Sunday. My X-Factor player to Watch for the Vikings this week is defensive tackle Linval Joseph. Joseph’s absence was a contributing factor in the Seahawks being able to accrue 173 total rushing yards on December 6th. He is one of the best interior defensive linemen in the game and I believe he is extremely underrated, much like Brandon Mebane is for Seattle. Right before he got hurt he was putting up big numbers in the tackles category, averaging just over 6 tackles per game in his last 5 games. He has also recorded 7 tackles for loss this season. Against an average Seahawks offensive line Joseph could be poised for a huge game statistically. If the Seahawks run Christine Michael up the middle look for Joseph to make a big impact. Something else that must be talked about is the weather conditions for Sunday’s game. In our last meeting in Minnesota the temperature was in the high 30’s; an abnormally warm temperature for that time of year. This week brings a completely different story as the Seahawks will be playing in the coldest game in franchise history. The temperature at kickoff is projected to be no higher than 3 degrees but I have seen reports from the national weather service over the past few days that claim the temperature at kickoff could be as low as -20 degrees plus wind chill. It will be painfully cold and the weather could absolutely play a factor in how the game plays out. I remember two seasons ago the San Francisco 49ers traveled to Green Bay to play the Packers in an NFC wild-card game. The 49ers were no doubt the better team but because the temperature was so low it allowed the Packers to play San Francisco tough almost to the point of them upsetting them. It will be harder to throw, harder to tackle, harder to kick, and harder to score. These circumstances could give the Vikings an advantage that is difficult to overlook. Random Thoughts: The Seahawks will wear white jerseys and college navy pants this week. The Vikings will wear purple jerseys and white pants… Al Michaels and Cris Collinsworth have the call for a rare NBC matinee broadcast this week… Walt Coleman is our referee in this game… I find it very interesting the NFL decided to have both NFC wild-card games on Sunday rather than one on Saturday and the other on Sunday. It makes sense going from week 17 into the postseason but one team playing this weekend will lose a day of preparation for next week because they will have to play Arizona the following Saturday… Many people approached me over the past week and asked me if I was going to Minneapolis for the game. I would love to be there even with the weather being what it is, but unfortunately I will not be there. Hopefully I get to make at least one more road trip before the end of our season… I am not a fan of the morning start in the playoffs. That’s the price we pay for going on the road I guess. Prediction: It will not be a blowout and the weather will be a factor, but I still believe the Seahawks will punch their ticket to the Divisional round. Russell Wilson will throw touchdowns to Doug Baldwin and Tyler Lockett. A late touchdown run by Adrian Peterson will keep things close but the Seahawks will be able to convert third down opportunity with under two minutes left to seal the win. The Seahawks will come home and get ready for an NFC Divisional playoff against the Carolina Panthers. To be honest I thought we had a very slim chance to win this game. Instead the Seahawks dominated all three phases of the game and delivered an even worse beat down to the Arizona Cardinals than last year’s matchup at University of Phoenix Stadium. I could not be happier to be wrong. The Seahawks ended the regular season on a high note, defeating the Cardinals 36-6 in a game that was never really that close. The Seahawks finish the 2015 regular season 10-6 and will face either the Minnesota Vikings or the Washington Redskins in next week’s Wild-Card playoff game. The Cardinals finish their regular season 13-3 and are locked into the #2 seed in the NFC. They will host a Divisional round playoff game in two weeks. Here now are some brief thoughts about today’s game, as well as my thoughts as we head into the second season. Bouncing Back and Breaking Records: Although quarterback Russell Wilson only threw for 197 yards, he had yet another three touchdown/no interception day. Wilson completed 68 percent of his passes and had a passer rating of 123.7. Keep in mind he was pulled from the game after only 3 quarters. Wilson also broke two Seahawks records on Sunday. He broke Dave Krieg’s single-season touchdown pass record, ending his regular season with 34 touchdown passes. Wilson also became the first quarterback in franchise history to throw for over 4,000 yards in a season. I am extremely confident in Wilson’s ability to win in the postseason as we enter next week. What will help is the possible return of running back Marshawn Lynch. Wilson has been putting up stats and winning games without a running game. Add Lynch into the fold and even without a weapon like Jimmy Graham our offense now becomes perhaps the strongest it’s been all season. Defense Forces Turnovers: Jeremy Lane, Earl Thomas, and DeShawn Shead all recorded interceptions on Sunday which gave the Seahawks a +3 turnover differential on the day. Turnovers and the ability to stop Arizona on third down were my two pregame defensive keys and our defense did a tremendous job making both these things happen effectively. The Cardinals finished the day with a third down conversion percentage of 41.6. There was one thing that worried me early on, when the Cardinals had the ball 3rd and 10 in the first quarter. The Seahawks rushed only three guys and Carson Palmer had a clean pocket to work with. He connected with Larry Fitzgerald for 11 yards and a first down. The Seahawks then changed their blitz packages for the rest of the game and rushed no more than 4 guys on any given Arizona third down opportunity. I was glad to see Kris Richard and the defense adjust as the game went on in order to maximize our chances to get the ball back. Thoughts on Lockett: Today is yet another example of why the Seahawks traded three draft picks to move up in order to draft Tyler Lockett back in May. Lockett became the first player since 2002 to return three punts for at least 30 yards on Sunday. His 139 return yards on the day is the best single-game punt return total for Lockett all season. It really surprised me to see Cardinals punter Drew Butler continually kicking to Lockett. I would have thought after Lockett’s second punt return Arizona may want to start punting the ball out of bounds. Big punt returns will go to great lengths in helping Seattle advance in the playoffs. Let’s hope Lockett keeps this up. Thoughts on Arizona: Going into this game I thought that if the Seahawks playoff run was going to end short of Super Bowl 50, it would end in Glendale at the hands of the Arizona Cardinals, most likely in a potential NFC Championship Game. After today however, those fears have been erased. Although we steamrolled the Cardinals, more importantly we proved that this team is definitely beatable in Arizona. The Cardinals are a much better team than their effort today showed. This team is still a serious Super Bowl contender and if the Seahawks can stay hot I think there is a very good chance we will be heading back to Glendale later this month. Random Thoughts: There is something magical about our wolf grey uniforms. We are now 7-0 all-time wearing this combination and we have won those 7 games by an average of 16 points… Cardinals fans seemed to do a better job drowning out the blue and green this season. At the beginning of the game the presence of the 12’s in Arizona wasn’t very noticeable and there was more red in the stands then in prior matchups. Of course, that went away by halftime when the Seahawks had a commanding lead. By the time the game ended it was all Seahawks fans on the lower level it looked like… It’s now playoff time! This is going to be a very fun week(s). What’s Next: Like I previously noted, the Seahawks will play the Minnesota Vikings or the Washington Redskins next weekend in the Wild-Card round. If the Seahawks are scheduled to play on Saturday, look out for my Wild-Card game preview on Friday morning. If we are scheduled to play Sunday, my preview will be published on Saturday morning. Last week there was a possibility that this game would not matter to either the Seattle Seahawks or the Arizona Cardinals. However after losses by the Seahawks and the Carolina Panthers and wins by the Cardinals and Minnesota Vikings, the regular season finale in the desert is now extremely important for both teams. The Seahawks head to Arizona for the first time since the disastrous ending to Super Bowl XLIX as they take on the NFC West champion Cardinals. The Seahawks are 9-6 and with a win they will have won 10 or more games in each of the last 4 seasons. The Cardinals are 13-2, winners of nine straight games, and arguably the best team in football. Arizona leads the all-time series against the Seahawks 17-16. In their previous meeting earlier this season the Cardinals beat the Seahawks in Seattle on Sunday Night Football 39-32. Here is what both teams have to do in order to head into the playoffs on the right foot. Against the Rams a week ago the Seahawks finished the day -3 in turnover differential. The only way the Seahawks can win this game from an offensive perspective is to take care of the ball. It will be a difficult challenge because the Cardinals have forced 33 turnovers this season, good for second-best in the league. What worries me is how panicked Russell Wilson may play if the running game cannot get going and the Seahawks face a deficit late in the game, much like how last week’s game played out. Note though that Wilson has thrown only one interception since these two teams last played on November 15th. If the Seahawks can also control time of possession it will put us in a comfortable position for later on in the game. If the Seahawks can keep their offense on the field and if they win the turnover battle, this game will absolutely be winnable. Much like how time of possession is an area of importance on offense, the same can be said of defense. The way to win T.O.P. on defense is to force Arizona into punts, and in order to force punts you need to stop them on third down. The Cardinals are the best team in the league on third down this season, converting nearly half of their third down opportunities (47.3 percent). The only way the Seahawks will be successful in getting the Cardinals off the field on third down is to put constant pressure on quarterback Carson Palmer. Over the course of this season the Seahawks have been very hot and cold when it comes to pressuring the quarterback. Bruce Irvin will have to have a big impact from the outside linebacker spot and he will be a dark horse player in the game if he can successfully penetrate Arizona’s stout offensive line. All season long the Arizona Cardinals have done an incredible job creating explosive plays. With the Cardinals still using a running back by committee since the injury to Chris Johnson, the game will be won through the air. I expect to see Carson Palmer target wide receiver Larry Fitzgerald more than any other receiver since he is the best short and intermediate threat Arizona has on the offensive side of the ball. If Kam Chancellor remains sidelined I expect head coach Bruce Arians and offensive coordinator James Bettcher to dial up several long passes down the field. If this is the case the speedy John Brown could be primed for a big game, as he will likely line up across from either DeShawn Shead or Jeremy Lane. Also keep an eye on Michael Floyd who could also have the opportunity to get loose with Richard Sherman likely covering Fitzgerald. My number one focus on defense for the Cardinals is how the secondary will fare for the second straight week without safety Tyrann Mathieu. With Deone Bucannon likely moving from linebacker back to safety to fill in for Mathieu more will be required of the other three starters in Arizona’s secondary. Specifically I will be watching how the middle of the field will covered without the “honey badger” on the field. My X-Factor Player to Watch for the Cardinals is their other starting safety, Rashad Johnson. Although he missed last week’s game against Green Bay Johnson has recorded 48 tackles this season, sixth among all Arizona defenders. The scariest number that jumps out on Johnson’s stat sheet is his team-high 5 interceptions. If the Seahawks throw the ball in the middle of the field look for Johnson to be in on each play. If the Cardinals can record multiple turnovers they will have an excellent chance to come away with the victory. Random Thoughts: The Seahawks will break out the wolf grey uniforms for the second time this season. We are 6-0 all-time in this look. The Cardinals are eligible to wear their black alternate jerseys but I would not be surprised to see them wear all red instead… This week’s game has been picked to be “America’s Game of the Week” on FOX. Joe Buck, Troy Aikman, and Erin Andrews have the call… This week’s referee is second-year white hat Brad Allen… I hope the field is in good shape. University of Phoenix Stadium hosted the Fiesta Bowl on Friday afternoon so it is possible the field will be beat up. Luckily the Cardinals are one of the best teams in terms of getting their field prepared for a game. They’ll probably roll the field outside, work on it and let it sit in the sun tomorrow, then wheel it back into the building early Sunday morning… It feels a little strange to have regular season football being played after the new year. This is the first Seahawks regular season game played in January in 4 years (2011 season finale in Arizona)… If the Seahawks win I will be cheering like crazy for Green Bay in the Sunday night game. If Seattle loses I’ll be cheering like crazy for Minnesota instead. This is going to be a fun and wild ending to the regular season. Prediction: If the NFL hadn’t flexed the Carolina Panthers game to 1:25pm I think there would be a better chance the Seahawks would come away victorious. However since Carolina and Arizona now play at the same time both teams will play at full strength to try to earn the number one seed in the NFC. Carson Palmer will throw for three touchdowns and the Arizona defense will force three turnovers. The Seahawks running game will be extremely inefficient for the second straight week. The Seahawks will finish the season 9-7, stumbling into the playoffs, and we will get ready for our wild-card game against the Green Bay Packers next week.

2019-04-24T15:56:40Z

https://ehhawkblog.wordpress.com/2016/01/

Is the leather strap synthetic? Or Made from cow skin? Or pig skin? Or horse skin? Because really like the carbon fiber strap... it is made from leather right? 2)Is the ZeTime battery covered in the 2 years MyKronoz plan? I'm worry about the battery lifespan If i heavily use my ZeTime and charge it everynight. 3)if the straps isnt covered with warranty, how about the Stylish Desktop Charger? Or the 2 in 1 charger? Are the charger covered in MyKronoz warranty also? Will there ever be a possibility to set a battery limit so that it automatically shuts off the smart watch capabilities and reverts to the regular watch capabilities? I would love to be able to set a battery percentage, so that when it gets to that limit, it shuts off and uses the battery only for regular watch functions. I fear I may not pay attention to the battery and the watch will die, thus the battery will be drained and won't even be able to use the regular watch functions either. I am an embedded software engineer myself and played in the past with "clocks". Synchronising the hands positions to where the CPU thinks they are. Do you have an absolute position feedback for your individual motors driving the hands? Or do we need to "calibrate" the hands each time the battery is discharged? And how do you correct the hands moving by considerable (external) shocks? Just hoping to get an honest answer. Hi Fred, When I backed for this project I was under the impression that I could select any watch case and strap from the category that I have backed. Now I'm concerned that this is not the case rather it is based on a preselect combination. Request you to clarify this. I'm concerned about the digital display on the Petite; will it be big enough to navigate easily and to actually read the messages that come in? I recently had to start using reading glasses, I don't want to have to put them on every time I look at the watch. At the same time, as a woman, I prefer the smaller size for wear and comfort. Know what I mean? - Which access rights does the app need on your phone? - What data is collected by the watch? - What data is collected by the mobile app? - What information is shared/fed back to your company/servers? - Is any data collected anonymised? - How is data transmission secured/encrypted? - Can the user opt out/switch off data collection? Will it have apps like stopwatch, countdown timer, tachymeter, compass? Stopwatch and countdown timer will be good to have. Tachymeter and compass might require hardware support? Will it have Google maps notification mirroring? Can it have link loss notification when it gets disconnected from phone? Many of us want the polished stainless case. Why did you decide to cancel this option as you used this model to advertise you KS campaign? what is the amount of heat that will release from the watch itself? can our wrist feel the heat when there are a lot notification and process running in the watch? Hello Fred, and Boris) After speaking to someone at MyKronoz via Private message I had very high hopes that an actual Titanium metal watch case would be made available for backers, who could then add the extra cost of upgrading to their pledge. I was very disheartened to hear that you would not be making a Titanium metal case due to the cost, as I and many others have stated we would be more than happy to pay the upgrade costs to have a true Titanium metal case.....We never expected it for free. I am interested to know more about the general "old fashioned" watch quality, lifespan etc.? Is this a watch, I will have to change like my smartphone 3-4 years, or can/will I "change the batt" like I do in my 15 year old $600 Seiko Divers 200m watch? If this is just a $189 "cheap" bad quality, no batt exchange or bad electronics (a hole in a LCD?) A lot of non answered questions? I mean what do I / you expect from a $139 watch ? quality ? I won't always have my phone with me, or in BT range of the ZeTime. What functionality will still be available on the ZeTime when outside of range and how will the ZeTime play catchup when it comes back in range? Will the iOS app on the iPhone need to be active for any of the functions to work, such as messaging, music control, taking photos etc? Have you measured the useful life of the battery? How many years can the ZeTime watch works and how do you plan to replace the battery? How are you planning to ensure that the watches will be delivered in September? Also how are you planning to keep us posted on the progress after the campaigns ends? When will we have live demonstration of some of the core functions of the watch? Fred-Boris, will you be able to make a silver, polished watchcase? As you can see in the comments, it is one that is wanted by a huge number of backers. And secondly can you ship all ZeTime's without straps (or a black silicon as a $5m stretchgoal - this was suggested in the comments)? That way we aren't stuck to the combinations you have provided for our collection band (i.e. metal band for elite backers), but instead we can choose any band from the collection we pledged for? Will there be continuous updates of the watch OS (firmware) for bug fix and new features after it's launched? Will it be updated throught the phone? 1) Please, consider Telegram as a quite popular messenger - I am pretty sure I'm not the only one among bakers who use it, as a main messenger app as well. So lack of notification from this app would be a great disappointment. 2) I'm not sure I got it right, will these watches work with navigation software (preinstalled and user installed)? That would be a great help in travelling, when you need to save phone energy and don't want to hold your phone in hands and turned on all the time. Can you receive notifications from all apps or only the apps you will support? And will it be possible to receive only notifications from selected apps? What is the exact difference between the three types of watches? Only the watch bands? Is this project EU-friendly ? I.e. - will it ship from inside EU ? If not, then I'll be charged a $20 + 25% tax - which makes the price too high. Hi, how would the desk charger be usable if the watch is used with a metal link clasp type band? What is the plan of keeping us backers updated about the entire process after the campaign ends? Have you thought of that? Are there plans, or will there be plans, to integrate the watch to have music control? Such as Spotify, Pandora, and iTunes? I apologize if this question has been asked and answered already. i can see video and hear you in the Netherlands. Chat mode is not available. As a smartwatch is only as good as its operating system, how lang can you guarantee updates for the ZeTime? *Some backers would like the digital face that is on the campaign page, but apparently wasn't on any of the surveys?. Please confirm whether we would be able to choose any available straps from the list. for the watch. For example the Titanium models are listed with Black flat silicon, Carbon with orange stitch & milanese titanium options in the available models while there are more options from the strap list. If I want my Elite watch to be with titanium metal link strap, would I be able to order it or does it have to ordered as an additional strap with extra price paid? a) Will we be able to use existing watchfaces from the adnoid Wear market? b) Will we ba able to create and share our own watchfaces? b) Applications from thouse OS can be installed and used? 1) How much radiation is emitted from Zetime? -And is that only when connected via bluetooth? 2) How much more would it cost per unit to upgrade to real titanium? -Is this an option if enough people ask and back it? 3) Are all 5 watch cases the same regarding scratch resistance & durability? -Meaning does the black or titanium show scratches/get scratched easier than silver or yellow gold , ect? The rewards for 1.5 and then for 3.5 seem to both get me extra bands, but it looks like you replaced the 1.5 with the 3.5, not in addition? is that correct? Can I pair my phone to the watch and my car stereo at the same time? How does the battery life management work in Detail? Does the screen stay online for 3 days and afterwards I've got enough energie left so the traditional watch stays alive 27 more days? Congrats for the super successful campaign! 1. Users may decide to use the watch for 5 or more years even if technology evolves very fast. Do you have plans for aftersales service (provision of tear down & troubleshooting guide, spare parts such as batteries). If not, kindly give it a thought. 2. I would love to see the watch bezel be equipped with indications for easy time reading in case the battery for smart functions is fully drained. All the best and hope you'll come with an even more surprising ZeTime2 soon. Hi, will be avaible pladge manager to add items to the pledge? Can you show all the colors including the titanium please? Showing the watch bands would also help with our choice. Thanks. A cheeky question. Any chance I can be a Beta tester for this amazing project and team. I am just 6 weeks post heart transplant operation and could do with the heart monitor. Also, did I see somewhere that you hope to add other stats such as spo2 as heart rhythm to functionality the? blood pressure as well via a Bluetooth piece of hardware even? Must I include the shipping price in my pledge? or will it automatically be added to my pledge? Also - I bought a twin pack, but only wants to buy one charger for $29 is this possbile by just adding $29 to my pledge? Will there be an SDK to write own watchfaces? Will high quality pictures be send of each watch color, so we can decide which color we want? Or do you only have renders at this moment? How well with the colour wear on the case?? what type of guarantee can you give us (the backers) that you guys will deliver in September? Can we adjust the time manually when smart function stops and rest of the battery is used for watch only? Is the black just a coating that can be scratched off? How durable are the coatings? Can screen brightness be set? Could you make and web application to see the combinations between the smartwatch and the bands? why do we have to choose from pre selected watch-band combinations. please let us choose the watchbody and bands seperated. Provided no obstruction such as brickwall, what is the maximum connection distance between phone and zetime? i need more details about The free MyKronoz Care Plan andthe MyKronoz Loyalty Program? Will it be possible to choose our base Elite version with the modern metal link band ? We didn't see it in the "Select your model picture" ? Is-it only an optionnal band :( ? The titanium version didn't seems to have the white circle around the front of the watch, is-it the case or only the picture ? And what is this "white circle" around the black model ? And like many backers already asked, will it be possible to add more band during the pledge manager and complete our order ? Could you clarify the water resistance? A number of sources say 30m is NOT sufficient for water activities. Are you targeting for higher than that, or will this just be "splash" resistant? 02. Replacement of battery - worldwide service - I am in Dubai UAE. 03. Longevity of the watch, since even if the smart functions not there can it be used as a normal watch? 04. Integration of the physical needles with the watch interface...related to the 03 question,since usage for a normal watch. Thumbs up for the idea, and still maintaining the core principle of time keeping. Will there be HD space? Bluetooth connectivity? That way you could run with the watch and listen to music without having to carry your phone. How to order the petite model? Hi, will zetime be able to utilise the GPS on the phone it is connected to to track distances travelled? If you did not do so already in the comment/campaign sections, explain how you will achieve the "same" specs of the "Petite" considering its size (battery life, resolution, charger compatibility), and detail its price structure (original/premium/elite) considering we can only pledge 139$ for it? What do I have to pledge for two petit? The are a little cheaper than the regular. Would you show us the clearer picture afterward? At least we could take a look in different color, especially brushed silver, polished silver and titanum. I missed the beginning of the presentation, did you make progress on making the watch usable by left handers? Question regarding waterproof? Did ZeTime get the certification? will it be a diving watch? Do you expect any delays on certification or production tests or do you have good experience with these tests allready? i kow you said you will support our "favorite Music app"... can you confirm that the Watch will support Spotify? Can we see a demo of the function of the watch in this live broadcast. love the updates, keep it up! those of us that backed the zetime the last 3 hours or so. was stock with the KS special reward, cause the early bird reward met the 20000 limit, what do we get for the last 25usd. 1) What stainless steel ratings for the watch case? Is the titanium case available? 2) Where is watch being made? Is it all Swiss made? How long is the Pledge Manager running? So how much more time after the campaign ends do I have to add more items? Will the heart rate function with the NATO band? How wil shipment be arranged, via whom? Shipment to Europe. Will/Can there be a pick-up point in Zwitserland instead of shipping? Thanks for answering regards Mark (NL) PS looking forward to the product. How is the certification for Water Proofing progressing? BLUETOOTH connectivty, will it be good or bad? Are you going to fix the disconnect issues you had with your older devices? What is the status of the testing (Quality)? will you support Spotify remote control e.g. 'Next song' or 'Prev Song' in a future software update? I would love that function because I'm only using Spotify and not the music app from iOS for listening music. Will there be matching buckles for all watchbands - for each watchcase? At the moment titanium case only has three options for matching buckles. how long can the battery last if the heart sensor being on continuously? Congrats on storming through the $5m mark! Please tell us more regarding your stainless steel quality and the quality of the polished silver as your explanation to remove polished collection was based on concerns for every-day-use/durability/sensitivity to scratches. I am a Super EB backer for twin pack at Elite level. We will convert one of these to petite. Would like shipping split so tried to add $5 to shipping - was unable to do this, so have added $5 to total pledge - trust this is the right way to have done this. Also - any thoughts of close out stretch goals/rewards since project is now as $5m and last other reward was at $4m? Thanks for running a great project and top class process with plenty of feedback and interaction - please keep this going in the post-funding phase as you have set a great example for others. 1. II understand that the watch battery last for 3 days while using the smart watch functions and then after those 3 days it still lets us use the watch like a regular analog watch for 30 days? Within those 30 days of not having the "smart watch features" is it still calculating our steps and sleep and things of that nature? (I understand we wouldn't be able to use it for answering messages and check social media notifications and stuff like that. But I was just trying to see if the watch still collected the data for it and updated those measurables with the app accordingly once the watch got charged). 2. Can the watch be completely turned off for times when you are not wearing the watch for long periods of time as a week or so? Or is there not a way to turn it completely off? I understand that the watch battery last for 3 days while using the smart watch functions and then after those 3 days it still lets us use the watch like a regular analog watch for 30 days? Within those 30 days of not having the "smart watch features" is it still calculating our steps and sleep and things of that nature? (I understand we wouldn't be able to use it for answering messages and check social media notifications and stuff like that. But I was just trying to see if the watch still collected the data for it and updated those measurables with the app accordingly once the watch got charged). With the "Distributor Backing Option" When we receive will we be allowed to list the item for Retail sale on Big ecommerce markets like Amazon and Ebay under your Brand's listing or name. Will there be a set limit on the price, amount and or any other restrictions such as places we may sell the watches? Please respond as soon as you can, I have a few parties interested in purchasing the package. Will backer be able to contribute to the device's capabilities (i.e write program compatible with the watch)? I could think of some really cool capabilities that would be awesome to have on this device. Also, any chance that there will be a version with a chronograph-style inner ring? Just idea - I'm not saying the physical aesthetics are poorly designed in any way. Finally, will the buttons on the watch be re-programmable? For example, say I have some IoT devices around my house/ office/ car or what have you, would I be able to toggle them with this device? or is there any on going investigations into this capability. On a different note, I really like your company's design/ idea. It's incredibly clever and merge the best of both into one. This to me is way better than what the fossil hybrids could provide. Will the iOS app share information and work with Apple health app to provide sleep and HR information to it? As the watch is using your custom OS, how long can you guarantee software updates and compatibility to latest iOS/Android for the watch? Does the watch support multiple phones? I am using an Android and iOS phone in parallel. Hi, I think the watch is going to be absolutely amazing. But I'm just a bit perplexed as to why you can't add some sort of luminosity to the hands. Most high quality watches even cheaper watches with analogue displays have some sort of luminosity on the hands. For example, if your're in the cinema or theatre where it's ultimately quite dark, you should be able to see the time without activating the screen and if your screen isn't working and you say you're able to see the time even if there is no screen available, well you can't. Surely there should be some way of seeing where the hands are on the face. Most watches with hands have some sort of luminosity to varying degrees, surely with your engineering know how and expertise this cannot be that difficult to attain. I have read that the optical wrist hear rate monitors are not particularly accurate. Can you comment on the accuracy of the ZeTime heart rate monitor? I know the ZeTime has no GPS, but will there be a navigation interface with the phone to display basic navigation directions from e.g. Google Maps? Or will this be left up to the various navigation companies to make their own interface for a Zetime? My preference would be for ZeTime to integrate a basic way to read from the most popular navigation apps/webpages. Hi, it is possible to make custom applications and in wich language are they written ? If you fully charge the Zeetime and don't use the smart watch features for the entire charge will the mechanical part operate beyond the 30 day limit or is there a software limitation that limits it to 30 day regardless of how much you use the smart features? I know the watch band sizes are 22mm for regular and 20 mm for petite, but what are the lengths of the watch bands for the regular and petite models (I'm trying to decide which model will fit my wrist best)? Will there be different lengths or are they all the same length? Thanks! I have just read the last email where you mention the Titanium watch case/bezel. You mention it would not be "affordable" How much would the price be for this option please? I would much prefer a titanium case rather than a stainless as it would bring it into line with having sapphire glass. As many have already asked are you going to adjust the water rating higher or insure that the 30meters is enough to go swiming/ water sports such as water skiing, diving (not scuba diving), etc. Why the switch to sapphire from gorilla glass? I have read sapphire is more prone to breaking, thicker, transmits less light, heavier, and more expensive. Will there be a Google maps app for the watch that links with the phone? Are there any news concerning the lefty version? What materials are used to make the leather, carbon, and jean bands? 1) Stainless steel ratings for the watch case? What about the titanium case? 2) Where is it ultimately made? Swiss made? Will the charger work with the metal bands or will we have to remove it? What is the latest on accommodating lefties? Have you considered the travel case mentioned on update 3? Can i upgrade my pledge to include petite after campaign ends? why is it called "ZeTime"? Will the watch be compatible with the major fitness apps? Hi, Can we see a demo of the functions of the watch in this live broadcast? love the updates, keep it up! if I pledge now 10 $ or somethinglinke that, am I able to get a watch after campain with your survey? If we choose the Elite Shiny watch. Can we still choose the carbon with orange stitch? What is the expected battery life before replacement? Will the desktop charger work with the metal clasp type watches (the non standing type)? it seems that the clasp would collide with the base of the charger. If we pledge 2 Zetime, can we select 1 44mm first so after we get on September only decide for the balance 1? How acurate is the heart rate sensor and how does this work? Is the titanium a real titanuim case, or titanium coloured coating? Will the titanium also be available with the titanium metal link or do I need to opt for the milanese and buy the titanium metal link seperately? how much hot / cold temperture can ZeTime will take? How's your plan like to overtake Apple Watch?!!! Does the care plan cover waterproofing since certification is pending? What is the long term support plan for the android/ios app? will the watch be compatible with the major fitness apps available? What is the battery lifespan...how long will it last? Is the battery replaceable via MyKronos? Will you provide a printable template for each size to facilitate the choice between both sizes? how do we know which size will fit use better? How secure are the magnetic bands? Will the watch support notifications for any Android/iOS app or is it only notifications from apps specifically supported by you guys? How stable are the colors like titanium or black? Will they easily chip off? Unfortunately, start the session late, but I'll be grateful if you could answer the question about battery life and the program they have in mind to replace it ... to see later the replay of today's session. How about the colors? are they equally scratch-resistant and stable over time? Can the watch sync with for example my polar heart beat sensor? 1. I don't know if I want the charging stand or extra bands. To claim the 50% discount, must it be part of the pledge or can I decide in BackerKit later and add money and still get the discount? 2. If I pledge for the original, can I still preorder the elite bands? are we still comparing about the glass? Gorilla, or Saphire? what will be the difference in price for distributor quantities from the Kick starter price to after is released to the market? Am I correct that you will still need to pay import duties (depending on the country you are in)? How well will the colouring on the cases wear?? What is the expected life time for the battery before it should be changed? 3 days for smart functions is gone are we still ahve 27 day for mechanical hands? Is there any way of turning on Siri on the phone from the watch? Can I increase the amount to my pledge after the campaign has closed down? Oh! I would love to be a 'guinea pig' Tester here in the US of A! did you put remote for phone camera? Any word on full notification reply capability with iOS? What about Pokemon Go, I see people getting AppleWatches for the purpose of playing the game, do you think games like this wil come to the ZeTime? Are all the finishes plated (besides silver)? I'm interested in the titanium but it was said the case isn't made from titanium, so the steel may show through scratches/wear marks? It may affect my decision to go Silver or titanium. Will I be able to adjust my pledge when the campaign is over? I am pulling my hair out trying to figure out what bands I want without the configuration tool. will we be able to download faces from different provider? Possible to update us on the progress of certifications and/or patents? How high on your list of priorities is the "reject/answer call" feature? If I like my first Zetime in Sept/Dec, how can I bulk purchase for another 5 units? Will there be white text on a black background in case we are in a cinema, and it will not be as disruptive to other cinema goers. 1) What is the stainless steel ratings for the watch case? Is the titanium case available? 2) Where is the watch been made? Is it all Swiss made? Will any watch band fit in the ZeTime or only your own watch bands? is heart rate sensor can use on right hand? Will there be push software updates for the ZeTime? I am not sure that I did it correctly. I pledged for a super early bird for one watch, but then change an amount for two watches and 15s for shipment. Did I do it right? Or I must change something? I really don’t want to lose a change to get a gift to my couple on good price. When will we know more about the certification for Water Proofing? have plane mode on the ZeTime? ..wouldn't it be easier to install android wear and just make a "zetime theme" Could you make available an image showing the dimensions of the watch band? I want to make sure they will fit my wrists. Hey, great work so far. I'd like to ask, if it will be possible to have the hour markers engraved on the front bezel? Just little bars or points would really help to tell the time at the first glimse. What would be the glass material and scratch resistant capability? Is it possible to pick up the package (when ready) from the shop in Geneva? I would like to ask, some people are concerned about 3atm not being perfect for swimming...are you getting a certificate for that ? the battery . its longevity,servicability and availibilty globaly. Also are the leather straps available seperately. When will we be charged for the backing? During launch or at shipping? Can we see a demo of the functions of the watch in this live session? love your updates, keep it up!!! Is zetime and BT EARPHONE available at the same time? Can I sync activity data with other apps like Health kit etc. ? What logistic company will be used for the delivery? is it UPS? are we able to tracking on the delivery once the watch sent out? I have a very small wrist but i want the original not the petite...will it fit my wrist? Will the 2-in-i desktop charger fit the metal link watch bands? can u show us the petite watch now? Hello! I have a request. At the end of the campaign I need to receive copy of the invoice for my order to my email. I can get the physical copy with the delivery in September, but I need the electronic version of the invoice after my card is charged. I pledged original ZeTime, can I add 15$ to have premium extra band? Can I pair my iPhone to the watch and my car stereo at the same time? Is there service centre in Singapore? Hi Fred, will you be posting photos of all of the colours of watches in both the brushed and polished finishes? Hi I pledged for an original collection watch – with a silicon strap. I then paid £15 dollars for a leather carbon strap. I presume this is possible. I ordered pledge with 2 watches, will I be able to choose 1 petite ? when? I know that you are likely to get a lot of questions, but I urgently need the answer so I can adjust the price and not get the wrong product in the end! Hello, I'm a backer ($184), I'd like to know if I'll have the Elite wrist bands, with Titanium. Additionally, I'd like to know how can I buy, before the end, some specific wrist bands? I see many "MyKronoz" apps in Google Play, will there be a new app for ZeTime ? What shipping method will you use to South Africa? What will be the average duration of the battery if the bluetooth is always on ? I am from Singapore. If the watch is faulty, who should I send to for repair? If to send back to factory during warranty, will the factory pay for the courier service? Just wanting confirmation, by ordering the elite collection and wanting Titanium, does that mean I have to take the milanese band or can I chose a different elite band? Please confirm! Audio and video don't match. can I pledge $10 now and up my pledge later? We all know Pebble's story. What is your plan to compete with Apple and stay in business? In other words, how will you design your company so that you are not another Pebble? Does the watch have a gps? Can we use Google Maps? Is it possible to shorten the milanese bands? Will it be able to readread hebrew messages? Can we use picture in what phone to make it as the background for the watch? Is it possible to see the watches on peoples wrists? With regard to the charger: will it be possible to use the standard 2-in-1 desk charger with a metal link band? It doesn't look like you'll be able to put the watch on there without detaching the band on one side, unless you balance it on the clasp. Both video and audio coming through great! Is the 50% discount on straps still possible after the campaign ends and before we submit our final selections via the configurator? e.g. I decide I want 2 more elite bands 2 weeks from now, will that cost me $25x2=$50 or $50x2=$100. "No need to search for your phone in your pocket: with ZeTime you can control your favorite music app straight from your wrist" My favorite Music app is Spotify ... can you confirm support for Spotify? Is there are Blue texture silicon band available? Pledged on an early bird offer with several pledges still available. However, it would not allow me to pledge. I was hoping to pledge for an elite watch @ $174. Is this still possible? Will we be able to see high quality photos of each watch combination in order to help us make our decision? The spreadsheet does not show how the watches look in reality. Do you provide tracking number of shipment? I know you have given measurements for the overall watch sizes. But do you have the sizes (mm) of the actual screens on for the standard vs. petite? Will you be doing another demo today ? Will the watch be open to other apps? I'd love to see Nike Running! will the watch have inbuilt speakers? Do I need to pay 174$ for the early bird Elite Collection or 184$ for the Smartwatch with shipping. I paid a pledge about 174$ and now there is written my pledge ist 164$ with 10$ shipping. But I definetly want the Elite Collection. Is anyone else getting a double audio? For the non numbered ZeTime backers can you not put the word Kickstarter or the KS logo, instead create a nice symbol or logo that backers will know what its for and will not look tacky and take up nice clean space on the back of the watch? Maybe do a few symbols or logos and us backers choose? Are there going to be a 4.5M and a 5M stretch goals? I take it the sales/backing in the last 70 hours may have taken the team by surprise. Will you support IFTTT features from the watch? Can I change the time manually when I am not connecting to my phone? use twitter to ask questions? Can it be set to hebrew language? how do i choose Elite collection? i cant find the place to change it from original to elite...? How will the watch determine local time? Hello, guys. First and foremost. Congratulations for this incredible project. For those of us who have pledged for 2 ZeTimes, will we be able to get one in Regular size and one in Petite size? Hello, do I need to write 174$ as pledge for the Early Bird Elite Selection or 184$ for the smartwatch with the shipping amount? I paid 174$ but now there is written my pledge amount is 164$ with 10$ shipping amount. Congratulation on an excellent kickstarter campaign. Do you think that Kronoz could produce a ZeTime model with a full titanium case. Possibly at a later stage and as an exclusive more expensive model? I would definitely be a buyer. Cheers George. What are your plans for supporting the watch after some time (say: a year)? It would be a pity if support and updates will stop (see Pebble). Notepad... type your question, copy paste to Q&A and then the question arrives. How wil shipment be arranged, via whom? Shipment to Europe. Will/Can there be a pick-up point in Zwitserland instead of shipping? Can we use picture in phone to make it as the background for the watch? Do the kickstarter stretch goals apply to all backers or do the stretch goals only apply if you backed before a stretch goal was achieved? Are you planning to attend any fair/exhibition in the next months where you'll be showing ZeTime? Can you share your calendar so that people living nearby can come and have a hands-on on the product? It would be awesome!!! What is estimated lifespan? Is it only because of the "proof of water resistance" that I can't change the battery myself? What is the color of Henry the IV th white horse? Can we see the watches on Peoples wrists? I can see and hear but no chat and this question box disappears after typing 3 words, causing me to click ask question over and over. But I can see and hear just fine. Can High Quality Photos be submitted of all watch case finishes and band selections before the survey campaign ends? Hi, Is it possible to change my choice of the watch after the campign and pay extra? For example: can I opt for Premium or Elite from Original when the survey is sent and pay extra? I have just backed your project. It is the first time doing this. I was interested by your video I have seen on Facebook. I backed $159 plus shipping. What do I get. Can I upgrade afterwards if I want I different model? Are all the finishes plated (besides silver)? I'm interested in the titanium but it was said the case isn't made from titanium, so the steel may show through scratches/wear marks? you mentioned spreadsheets. where can we find them? Currently a Twin pack super early bird Elite backer. Double up on that same pledge, got some feedback at the comment from the public that when double up I need to backed the early bird instead of super early bird. So I should be backing twin packed super early bird and then upgrade my pledge with another Early bird twin pack am I correct? can the GPS on the phone be used to show, on ZeTime? Will there be an app store? What logistics companies will be used for the delivery? UPS? can we get tracking for the delivery? Do I have to buy the charging stand if I want to have a metal link band with butterfly buckle or will it fit around the 2-in-1 desk charger? 1) I owned a smartwatch from another company and I had skin irritation due to the HR sensor (wrist started turning black). Is it possible to disable the HR sensor and keep the "smartwatch mode" enabled? 2) Some watches allow you to control music players (spotify, google play, beyond pod) with your watch. Will it be possible to do that with ZeTime? Are the titanium clasps for silicone and leather straps exclusive to backers of basic / premium levels or can i as elite backer receive a full range of bands with titanium clasps should I choose that colour scheme? Can you confirm that the blue and black jean straps are not backed by leather or contain leather as I do not wear animal skin, also will the clasps match the watch case colour? If i double submitted on my last question I posted, sorry! Chat test. Let me know if you get this. Watch finish question: Is the titanium finish a 100% all titanium watch or is it just grey coated stainless steel? I assume the "gold" version also is a steel watch with a PVD coating, correct? - Awesome work - keep it up please! How do you answer a WhatsApp message with your phone? Has it a built in microphone? The watch support Hebrew notifications? I still don't know how much to pledge regards to the add-ons. The original worth 139$ you get a watch + 1 silicon bands, while premiums worth $160 with a watch + premium band. Now if you say that you can buy extra premium band for $15. Means I can bought the original plan $139 + premium band $15 which is $154? I presume we can just request the Petite and then the colour and strap/s colour we want, with the awareness that we won't get this til December? Does this phone supports Line Application? Will you support syncing data with Google Fit? Will we be able to toggle to a whole bunch of different face looks and change them in a menu at will, and will more come with updates? Will you involve selected kickstarter backer in your planned July Beta Testing Program? What is the face diameter? I can only find the strap width of 22mm which would imply a rather large face (42mm+). And will you be offering more than one case shape/style (not just material/colour)? I pledged $298, how will you know what I want? I'd like the original and the petite that was unlocked. Also does the petite get an extra strap as well or only the original? Can you text back on a ZeTime Watch or is it just notification you get? What material are the metal bands made of? Question about my pledge. I pledged 149.00 If I understand correctly if I want an Elite I should up my pledge to 174 ? Hi, is the titanium watch face made of actual solid titanium or is it titanium coating? Just became a backer and excited to see so much excitement with your hybrid design. - Any chance this release will have REPLY capabilities to SMS or EMAIL - either pre-canned responses or voice-to-txt? - If so, any differences with Android vs. IOS? I pledged $324 for 2 Elite collection watches. Do I need to add the shipping myself, is it included, or added automatically? I'd like to pre-order a model of regular zetime "petite". Is it already possible and if so how should I proceed ? Will all other apps that you guys have not mentioned work on the ZeTime as well? Or let's say it this way: Will not officially supported apps still show notifications on the ZeTime? So you don't have any electronics engineer in the team? Are you shipping to Israel? Can you show the back of the carbon straps, as it looks like the back of the straps might be in the same colour as the stitching colour? Hey there - is the ladies watch availible if i give you guys the support with 139$? will there be compatibility with runtastic app, or other fitness app? I have not added any options to my pledge, but I am assuming that this will all be taken care of when we finalize the documents via email. Am I correct in assuming the 'add-ons' can be requested after the close? 2- Is the shipping location selected automatically by continent? This is question is about extra taxes and customs if it is shipped outside Europe. 3- Can I get a commercial invoice without TAX? 4- Will I get all the achievement goals even If I backed the project now in April 2017? How will "answering to notifications" work? Since there is no mic, there are only templates? How will that UX work? as there is no GPS in the watch how will the watch determine distance when i go for a run? Would you please add a black jean watch band with green stitching as another KS edition for people that don't like the leather band? I pledged for the early bird 1 watch Elite @ $174 plus $10 and added the charging stand for $29.90 that totals $214 pledge. Can I increase my pledge by $150 (plus $10 shipping) and qualify for the 2 watch Elite collection deal? I think I want a second watch now that you have the smaller one available. Please let me know! wy is there no other payment option than credit card, like pay pal, bank transfer or sth.? Can you make OLED version with sapphire glass? Are there separate batteries between the smartwatch mode and the mechanical arms? That way, the mechanical arms can still work when the main battery for smartwatch is depleted. Better yet, will there be a kinetic support for the mechanical arms? Is the titanium watch case full titanium or just coated? Hi, I was wondering if you plan to include the possibility to control the playback of music on the iPhone (start/stop/pause?/skip). I very much appreciate this feature in my current smart watch. With the petite, what is the largest size of wrist that will be able to enjoy this watch? will it have the ability to record sport activity like running and cycling ? 1. I didn't see where you can choose for regular vs petite. How will that work? 2. Besides the physical size, are there any other differences between the regular and petite models? Does the petite have a higher DPI or a lower resolution? URGENT: I pledged $274 and chose the 2 Zetime Elite collection as a Super Early Bird. However, somehow I am now shown as choosing only the Original version and adding $15 for shipping. Can this be fixed, as I was early enough to back as an Elite backer, but now I'm having to pay an extra $50 for the collection that I originally chose? I don't know how this happened, but it is ridiculous to me. I am also adding on a THIRD watch so my mom can also have one. I selected the 2 ZeTime Offer (ELite Collection) and now would like to add 2 x ZeTIme Elites. How do I do this? Hi. I was an early original collection backer and wanted to add an extra premium band + kickstand. Backing amount is now $193.00. Is this ok? I pledge $170 in order to get the "premium". I haven't received a mail from ZE-time confirming ly pledge. Is that normal ? Where can I select an option for 2 Zetime petite models? How do i choose the petite version? Will Ze Time work with the Windows 10 phone? Will there be a window to exchange bands (ie. if it doesn't fit well or we don't like the style of it once we have it on our wrists)? Are you still planning on having a preview configurator tool with zoom and will all bands be available with all watch faces within their sections (ie. Can I have the silver watch face with black milanese if I'm an Elite backer)? A friend has ordered an early bird Elite and so did I. We are considering buying the smaller one too so that would be 2 each. Would it make any difference if we order the two new ones on one of our pledges or should we pledge on each of our own? Hi, what do i do if I want to get a Zetime and a Zetime petite? Do get the 2 watch package? Can it link with Endomondo application ? One more thing , Is it possible to show function of application that you design ? I looking for comparing with garmin vivoactive hr , which one is compatible with me. If I purchase 2 sets of 2 ZeTime early birds, how much for the shipment cost? Say, if go to Taiwan area? USD 15*2 =30 ? will you ever have a 24hr clock face . so that you can read it in Military time? I have a small wrist...I am female...but I like your regular zetime....will it still fit my wrist or do I have to get the petite? Will the watch have in built speakers? I have backed this project - and see the petite is now available. I originally ordered the 2-pack; and would now like to add 2 petites to the order... how should I do that? Correction: Can you confirm that if I wanted Early Bird - Elite watch for USA delivery it would be a $184 pledge? I believe I've done that right but wanted to confirm. Will the watch have the capability of having items scanned? For example, the apple watch can be used for airline boarding passes. The code can be scanned at the gate. What is the operating system? Android or something else? Will iOS iPhone users be able to replying to notifications? The pictures provided on the main page are insufficient to clearly see the straps and how they look together with the body. Can you provide a DIGITAL CATALOG or some kind of viewer with ZOOM function for this purpose? It would be tremendous advantage to your purpose, as less customer will come back looking for make exchanges. What about a Windows app - to truly distinguish you from the other smart watches? Does this work with iOS, Apple devices? Without illuminous hands how do you check the time in the dark using strictly watch mode? Can you confirm that if I wanted Early Bird - Premium watch for USA delivery it would be a $184 pledge? I believe I've done that right but wanted to confirm. Will the heart rate function work with the NATO watchband option? how do you get the stretch goals after you have backed the project like the charger and the extra bands> is there extra warranty of discount purchase rewards? when do we find out about those. I pledged 160$ early bird going for the premium option. However the form indicates that my pledge is 150$ and 10$ goes to shipping costs. Am I eligible for the premium option or do i need to pledge 170$ in total? I just upped my pledge $5 to cover the additional shipping cost you requested in your last email for one of my 2-pack rewards to be a petite model. There was no item on the Shipping pulldown menu to indicate that the additional $5 I just added was for shipping and nowhere did I see an opportunity to notify you that I wanted 1 petite and 1 regular watch in my package. Will this simply be understood from the amount of the pledge now? Or do I have to indicate my revised choice somewhere else? You already support Arabic that is Right to Left language.Why no Hebrew support?Could you commit to adding that now or at least in a short time after we have received the watches. Have you contemplated continue developing the travel case mencioned in update #3? And where exactly is the watch being shipped from (as a german buyer)? The watchcase its completely made of steel? Or coated as the case of the titanium version? I have pledged for a twin set. Am I correct that I do not need to do anything at this time to get one in petite, and one in the original size? All I have to do is specify when we are making our selections after the campaign is over, correct? How will we be able to choose the color and the band type? As super early bird can i choose the petite version? Can it have link loss notification when it gets connected/disconnected from phone?

2019-04-23T09:08:55Z

https://live.kickstarter.com/mykronoz-switzerland/live-stream/this-is-the-end-but-in-fact-only-the-beginning

Your voice has been described by famous peers as ‘a voice never heard before’. So we’re going to set you the challenge of eloquently explaining the impossible! I have been having singing lessons since I was 7 years old so my voice has been trained. I have been taught how to breathe properly and look after my larynx. My range is very wide and covers deep baritone to high male soprano. I think this is why people find my natural voice extraordinary – especially my high falsetto. However, I have never just been a classical singer, my repertoire even when young, covered pop – I won my school’s X factor competition singing a Michael Jackson track, musical theater, jazz and world music as well as operatic arias. Pop music is the genre I love best – that’s what I sing in the shower! List some misinterpretations people might have about the classical music genre? I don’t believe in categorizing things in metaphorical boxes. After all, so-called “classical” music was the popular music of its time. It is not staid, stuffy and static – there is plenty of room for improvisation especially in early 17thcentury countertenor music. Every time a “classical” song is sung it sounds different. “Classical” music has its own different genres as different to each other as bubble gum pop is to grime nowadays. For me, I am also melding the classical feel with a synth electro pop sound so I hope to bring my own stamp in this genre. What’s it like to see you live? I have been performing as long as I have been singing. I love performing live and getting to know an audience. I get a huge buzz from performing, can’t stop smiling, and I think the audience feels it as well. I sang in a small backing group for Kylie Minogue in a series of her Christmas concerts at the Royal Albert Hall in London. She was a total professional, a master of performance and working with the audience. It was an amazing experience and something I will never forget. I still have a lot to learn but I hope the audience has as much fun as I do. I am embarking on a Heather Small Tour soon and I am so excited about those audiences. You’ve teamed up with the iconic Boy George on a recent track – what’s the most extravagant and then most down to earth characteristic of Boy George? George is very generous with his time, his experience, and his direction – whether on styling, photography or writing. He is a real dream to work with. There are two sides of George – of course his makeup and styling identify him and there is a very laid back type of George that is practical and shows the human side that is not seen by a lot of people. ANOTHER fan of yours is only a certain Oscar winning Emma Thompson! What’s the sassiest thing Emma Thompson has said to you? Just about everything Emma says is sassy! She is such fun to be with and I really value her thoughts on everything. I turned up to her party not long ago in a bright blue denim embossed suit and from across the room I heard her shouting “you pull off patterns better than I do!”She laughingly complained that I had managed to upstage her at her own party. Sound of My Youth is a song about nostalgia – what would you change from the past if you could? I wish I had more confidence in myself. I wish others had accepted my idiosyncrasies and me as I was growing up. I am the way I am – dyslexic and very passionate about all music – I was bullied at school for not being “normal”. Now I know who I am, have grown over 6ft tall and work out most days – I don’t get bullied any more. Back then, it hurt and I wish I had more confidence in myself then to not let it hurt as it did. A lyric in Sound of My Youthgoes “crying out for sunshine” – what are the ingredients for your perfect summer? Well the main ingredient has to be sunshine, lots of it – then some good friends, a beach, good music and a cocktail or five. As a proudly gay artist, what does pride mean to you, and who inspires you? I am proud of who I am and what I am born to be. I believe it’s not a label on life or how I live it. I just am. The proud part is that many have gone before me to path a way forward for me to live as I am and for that this makes me massively proud of being gay. Lady Gaga, Ariana Grande, Miley Cyrus – the list is endless. Sexuality is different to gender, however I would also like to acknowledge Munroe Bergdorf in my answer, as I am continually inspired by her activism creating awareness of the transgender community; pushing for legislative change, greater visibility and inclusion. We recently invited you to Superdry’s Regent Street flagship, and it was a total delight! What did you pick out, and did it shift any original impression on the brand? Amazing, I had a terrific time. Thank you for inviting me. I picked out a super cute jumper with the rainbow flag on it. I didn’t realize the store has such an eclectic range. I’ve been pretty much living in your gym kit since then. How does a classical kid like you dress? I am just an ordinary guy and shop in the high street like everyone else. I love colours and I love how I can express myself in what I wear and I guess it comes out more when I’m all dressed up with somewhere to go to. Finally, where do you see yourself in 5 years? On the big stages worldwide, baby! Gotta stay optimistic! FOLLOW JAMIE HANNAH ON INSTAGRAM HERE! LISTEN TO SOUND OF MY YOUTH HERE! JAMIE WEARS NEW SEASON SUPER, SHOP HERE! The post Jamie Hannah: The Classic On Cool appeared first on Superdry Edition. Fearless, intellectual, adventurous and stylish – just a few of the makings of Influencer Jordan Barron. We set the talented chap the challenge of showcasing Superdry Sport and Snow in the most epic and eclectic of locations. We also caught up with him to philosophise on all things ‘influence’ in 2019. Introduce yourself – including fun facts and your career! My name is Jordan Barron, I’m originally from just outside of London but spent my teenage years in New Zealand before moving onto stints in London and Sydney. This has left me with a bit of a weird jumbled accent. I have been modeling since I was discovered at the age of 18, which has seen me travel all of over the world and work with some amazing brands that align with my personal philosophies. I’m happiest when I’m playing sport (you’ll find me in my boxing gym most days) and socializing with friends old and new. I’m in love with summer, the beach and the ocean. You can’t keep me too far away from summer for too long. I went to Victoria university of Wellington and studied Accounting, Finance and Commercial Law. I picked Wellington because it had a vibrant arts scene and a balanced lifestyle. I could socialize with my friends at cool bars, had a café culture, and play sport whilst being able to focus on my study. The best part of my career has been the people and personalities I have met whilst traveling around the world. I was there when the Banksy picture shredded! I guessed my little brother’s birthday a week before he was due. I said to my Mum and Dad he will be born at midnight on the 20thof January, 2001 – that was exactly what happened. I met Ellie Goulding and didn’t even realize it was her. I am unashamedly owning up to liking a few One Direction songs and reckon I would be a great addition to the band if they ever wanted to get back together. I love being fit and active so I can eat chocolate croissants on the weekend. What does being an ‘Influencer’ mean to you? To me, a true Influencer is someone that people can trust and look to for new experiences, products or ideas. I see Influencers as having an obligation to use their opportunities of influencing in a positive way with a genuine desire to help people – to change, effect, and impact the world for the better by promoting brands and services that they genuinely believe in through their social media following. I’m an honest person and my desire is to help people with the experiences I have had travelling and my day to day life creating positive content which will help improve society. Who influences you and why? I’m very fortunate to have a family who has always backed me. They are all extremely hard working and push one another to be the best versions of themselves. They have been a hugely positive influence throughout my life which I am extremely grateful for. My godfather Barney has been an influencer to me. His work ethic is to be the best and whose personality is all about “anything is possible”. He also has always been there for me whenever I’ve needed him and shown me how to think about things from a professional stand-point. Everyone whom I’ve met influences me. I appreciate the good in people in my life and use their positive personalities to improve myself. Throughout the years, my close friends are the ones who’ve always had my best interests at heart. You can learn a lot from deep conversations with people that know you. Either someone coming from a different culture or having a different perspective is always valuable. I think everyone can be an influence on you just by being positive and being themselves. Having your best interest at heart. I mean who really wants to spend time hanging out with negative people? In regards to fashion, I don’t really look to wear what other people wear. I do what makes me feel comfortable and confident – I do like bright colours from time to time to spice things up. Sir Richard Branson – inspired me in the way he believes in himself and prides himself on working with a team that share the same core values he does. Liam Malone – one of my best friends whom is a 2x Paralympic Gold Medalist. Liam is so positive all the time, wants to stand atop the highest mountain dreaming about the biggest challenges he can set himself. I don’t know another man who could run a marathon with no training and instead just on true grit and mental strength. Look out for him on the comedy scene as well, as he will take the world by storm. David Beckham has always influenced me, especially in how he sets trends. His drive to achieve playing for England and Manchester United and to be the best version of himself was always very inspiring. So inspiring that I didn’t have any words when I eventually met him at an fashion event in London – what a triumphant idiot I am! Misconceptions about being a model and the modelling life? The misconception that modeling is easy. It is harder than it looks! I see it as a sports day; you prep yourself to be the best you can to perform the best on the day. The viewer only sees the finished product but you don’t see the amount of hours that goes into it. For example, going to the gym every morning, eating the right food, sleeping the right amount of time, going to events and meeting new people. Many of these things are out of self-interest and with that you have to self motivate. You also have to be flexible with your time as things change often. For example, I was recently in Queenstown, New Zealand, and the weather affected shoot times which then impacts your personal life. Traveling to and from shoots can also be demanding – especially if they are out of proximity. Anyone who has caught a lot of flights will be able to relate to this. You can’t take it always so seriously and just have to live a little. I’ve made some great friends over the years. You’re based predominately in London but are known for your epic travel and trips – what draws you to this ‘on the road’ lifestyle? I get a kick out of change. For example, just last week I was modelling in the busy streets of London to the beautiful surroundings of Queenstown, New Zealand the week after. Life is about uncertainty and you have to take every opportunity you are given. In Sydney everything involves around going to the beach or being active – as soon as you finish work everyone will be at the beach or doing some sort of sport. When you are near the salt water on hot days you always seem to be active – adventures and the great outdoors go hand in hand! In London it’s more about going out and socialising in different ways such as at a bar or café. I feel as though I learn so much from other people. I take away a little bit of something from every culture and person I meet along the way. Everyday is different – but one thing’s for sure, after the modelling experience, it will be pretty hard to go to a 9 to 5 job as you are constantly working to someone else’s agent and can’t embrace your own creativity and entrepreneurial spirit. Most inspirational places you’ve been to? Wanaka, New Zealand – It is a place in which you look for adventures because you don’t have flashy touristy activities. A favourite of mine is the Roys Peak Track walk – it will give you magnificent views of Wanaka, the lake and the Southern Alps. Byron Bay, Australia – I loved going to the top of Cape Byron lighthouse and watching the whales – this is panoramic views offered from Australia’s easterly point! It’s also really good for surfing. Not just catching waves but the entire culture there is free-flowing, with a laid-back attitude that allows you to express yourself – not to mention all the relax and chill. What’s on your adventurous bucket list? Tokyo – Japan. I’m a big fan of sushi and all my Japanese friends have said you must go to the fish market and the temples in Kyoto. Bhutan – Himalaya’s. In Bhutan they measure Gross National Happiness – this development is measured on the quality of life based on the spiritual and mental well-being of it’s people. I would love to go mountain trekking and to visit Taktsang as it one of the most important Buddhist monasteries in Bhutan. It is situated on a vertical cliff 3000m north of Paro. Sarengatti – Kenya – Since watching The Lion King as a kid I’ve wanted to go on a safari. Being a Leo myself I’ve always wanted to see a lion too! Tips for someone teased but unsure at the idea of a gap year road-trip! I would say that I’ve always found travelling makes you think in a different way once you get home. You bring this air of freshness to your thinking and a change in routine brings out the best in you. For example, I left Sydney as I was doing the same sort of jobs and routine. I needed a change in lifestyle and cultural experience therefore I decided to come to Europe to experience this and a faster pace of life. If you have the opportunity, I recommend travelling and experiencing different cultures. I think some people lose touch at what life is about, in the sense of what is important to them. Once you travel, it’s like you can’t help but reconsider your values. You’re an influencer ambassador for Superdry – what makes our style and ethos a good fit for you? I’m extremely passionate about Superdry from a cultural, lifestyle and wellness perspective – which enables me to promote campaigns around the world. They have given me a lot of trust and I have a very good relationship with Superdry. I like that the brand is sustainable by including animal welfare as part of their company ethos. I also love the family culture of Superdry and how welcoming everyone is – It’s one big family whether a customer, employee or partner. I’ve made a host of friends at Superdry! How are you styling up this spring and summer? I’m usually playing sport every day so in summer when it’s super hot. You will find me in a singlet and shorts. Superdry perfectly caters for a variety of these options. I’m pretty simple when it comes to sports gear so black and white is my go to. I love wearing urban essentials, which are casual as well as looking sharp – a tech fabric fit is important to me, allowing comfortable movement. When I go out I like to pair all black together, therefore a leather jacket is a must with the all black jeans and t-shirt. I like track jackets which Superdry have plenty to choose from. You can wear these for different occasions from pre-gym to the office and even on a date! The versatility of a track jacket makes it essential to my wardrobe. We had been looking into the possibility of working together for some time, then the chance to do this Superdry trip came up so we jumped on it! My photographer and I wanted to find a location that would really captivate our audience – and urge them to get outside and explore themselves! We ended up choosing to explore around the Peak District, as we saw there was a chance for some decent snow in the area and thought that would mesh well with the epic Superdry Snow gear. After piling all our gear into a rental car and making our way out into the countryside we soon came to realize there was a lot more snow than we had originally anticipated! Extremely underprepared for the conditions – with Jacob opting for trainers as footwear in knee-deep snow – we got exploring! We spent the day climbing up mountains, hanging off cliffs, and getting caught in blizzards. By the end of it we were all amped, knowing we had captured some unique shots of the epic Superdry gear in the rugged environment. We spent the next day exploring Manchester – where Jacob was based at the time. The city offers some cool urbanscapes to shoot in due to its rich industrial past – so in what must have been one of the few days in winter not pouring with rain – we scoured the city for shots that really showcased its heritage. We finished the trip with a nice cold beer looking over the photos we’d captured, lots of laughs, and feeling grateful to have been given the opportunity to work together on such a fun project – and we both can’t wait for the next trip we do with Superdry! You’re also a fitness expert – how do you define good health? Yes, I’ve recently just finished my Level 2 personal training course so I’m going to be focusing on creating more fitness led content this summer…it’s something people have asked me about for years. I define good health as a balanced lifestyle. Making good decisions in your day to day by eating whole foods but not being completely stressful about what you eat. A big one for everyone is alcohol and making good decisions on when to drink and not to. I encourage people to pick their moments and not get forced into things that they don’t want to do. Set a plan and stick to it. If you do fitness everyday it makes more vigorous fitness easier – even if it’s walking to work or stretching in the morning. The type of training I try to do is working on small muscle groups with lengthening muscles and joint strength through classes such as Pilates. Festival season is on the horizon – what’s on your road-trip mixtape this summer? FOLLOW JORDAN BARRON ON INSTAGRAM HERE! JORDAN WEARS SUPERDRY SNOW AND SUPERDRY SPORT! The post On The Offbeat Road With Jordan Barron appeared first on Superdry Edition. Let’s be real: when it comes to clothes, men’s fashion trends seem straight-up predictable at first glance. Most lads turn to black jeans, oversized hoodies and comfy tees by second nature, probably because these pieces are so easy to style. There’s actually a lot more to men’s clothes than first meets the eye – and looking into the men’s fashion trends for the year can really boost your trend appeal. Start this year’s fashion journey off the right way with our prediction of men’s fashion trends for the rest of the year. Sage and khaki – both versatile shades of green, these colours are the ones to watch this year. Light wash denim – black is out and light wash is in. Swap your dark denim for edgy bleached jackets and jeans. Crossbody sports bags – stylish and practical, what could be better? Prints and patterns – go bold with daring prints and bright patterns. Sherpa – also known as ‘teddy’, this cosy fabric looks surprisingly urban when worn as a jumper or coat. White – lots of white results in a fresh, crisp outfit that works no matter the season. When it comes to colour, turn your attention towards sage and khaki. Both versatile shades of green, khaki tends to have a yellow or tan undertone compared to the greyer green of sage. They’ve been popping up all over the runways and we’re seeing these shades are going to be everywhere this year. Earthy tones are the perfect alternative to black and grey, which is what many of us are guilty of turning to when stocking our wardrobe. Khaki may have already popular due to the beloved camo trend, but this year is officially the year of these green hues. It’s easy to incorporate khaki into everyday looks via chinos or cargo pants, which are simple to style with darker tees. Sage jackets, on the other hand, look sharp when paired with some dark jeans or joggers. Try rolling the cuffs of your trousers up to show off a flash of white socks for a sporty vibe. Pair it with white trainers and a navy short sleeve tee for an easy yet stylish outfit that’s perfect for watching the big game in a trendy sports bar. You should avoid wearing khaki and sage together. One key piece, such as a tee or jacket, in either colour, is enough to show off the trend naturally. As essential as black denim is, this year it’s all about light wash. Not only is it more practical in the sweltering summer months, but light wash denim will also have you standing out from the usual uniform of black jeans. Bleached jeans and shorts look pristine when worn with white clothing, such as t-shirts or shoes. White canvas trainers look tighter with light wash denim, so choose this style over dark mesh or chunky dad shoes. In fact, base the entire outfit around lighter colours such as white, pale greys and nautical stripes as they look flawless with bleached jeans. If you’re trying this trend during the colder months, sling a sage or khaki bomber jacket on. Nail two trends at once. The resulting look is perfect for a lunch with some mates or treating a date to a casual drink on a rooftop bar. For a more smart-casual setting, swap the tee for a white fitted shirt to show off those gym gains while sticking to the dress code. 2019 is the year for man-bags to shine. Don’t worry – these ultra-sporty sling bags aren’t going to ruin your rep. With camo prints, mesh elements and discreet pockets, you’ll look festival ready with one of these styles slung across your shoulder. They’re probably one of the easiest trends to incorporate into your current wardrobe as it suits so many styles. For a sleek yet sporty vibe, pair your choice of bag with a monochrome sweatshirt, denim shorts and canvas trainers. If you prefer an urban vibe, pair your sports bag with grey joggers, chunky trainers and a fitted white long sleeve top. Feeling the cold? An oversized hoodie should do the trick. Why blend in when you can stand out? Go bold and bright by experimenting with unique prints. Some people absolutely love clashing prints, but we suggest toning down the overall look by pairing a bright top with black jeans or tan chinos. This will put the print centre stage rather than having to battle against other pieces. You don’t have to go overly wild if that’s really not your thing. More subtle prints such as camo and stripes still count, although you could try and get creative with botanical patterns. Rich earthy tones and leaf patterns make use of the sage trend, plus look great with light wash denim. You’ll be able to boss three of our top trends without looking like a try-hard. If you want to meet somewhere in the middle, try featuring a patterned accessory like a hat. That way you can rock the trend without straying from your comfort zone too much. For someone looking for an outfit that’s equally cosy as it is stylish, sherpa is a dream. Some days we just want to be comfortable, but that shouldn’t mean looking like you’ve just rolled out of bed. Swapping your regular hoodie for one with a sherpa lining is a way of instantly upgrading an outfit with ease. Whether you’re heading to a class you’d rather miss or just chilling out with the lads, there’s no reason you can’t look your best, and sherpa proves that. Style an oversized sherpa hoodie with skinny fit joggers and slip-on trainers. The unusual fleece-like appearance of sherpa should be allowed to shine past the other pieces. Try not to pair any bright colours with it or it may just look brash. If you do fancy a bit of colour with your look, stick with burgundy, greys and, of course, our beloved sage. While it’s not a great trend for the clumsy amongst us, all white outfits are going to be huge in 2019. Crisp, fresh and eye-catching, this is a trend we’ll be rocking all year round. For a summer-appropriate outfit, pair some white sports shorts with a plain white tee and some fresh trainers. All white isn’t for everyone, but you can still pull off the trend with some minor adjustments. Trade the white trainers for navy boat shoes and layer an unbuttoned shirt in the same colour over the top of the tee to stay true to the trend while adding a little more colour. Some people may think white is just for summer, but this is far from the truth. This trend will work no matter the season. Try pairing some white joggers with a matching sweatshirt, but go for black trainers this time for a monochrome look. You may have to stay away from any sign of dirt, but it’s totally worth it. If you’ve been inspired by our prediction of men’s fashion trends for the year, why not check out our latest collection? You’ll find all the latest fashion favourites from Superdry and get a heads-up about any other trends that pop up over the year. The post Men’s biggest fashion trends for 2019 appeared first on Superdry Edition. The sun is almost back and so that means it’s nearly time to toss your winter coat aside and bring out a more lightweight option. Bombers, Harringtons, military, leather and denim jackets are just a few of the options when it comes to looking good in spring weather. Bomber jacket – Lightweight with a rebellious edge, this is the jacket you need for those spring first dates and late nights with the guys. Harrington jacket – This versatile lightweight style is military inspired but with a softer finish. Military jacket – Structured collars, sharp lines and good looking embellishments create a jacket that smartens up any look. Leather jacket – Add a bad boy edge and keep out the chill. Denim jacket – Mix and match with your current jeans selection. Cagoule jacket – Lightweight, showerproof, perfect for April. Hoodie jacket – Get your money’s worth and look good doing it. Lightweight – Keeps the cold out when layered up but ideal for warmer days. Great for layering – Can be worn on its own or over a chunky jumper for easy spring style. Cuffed sleeves to keep any chill out – No worries if the wind chill has cranked up. This season choose a Superdry bomber jacket in a deep khaki colour with signature orange accents – tapping into those classic Mod styles from the 80s and military themes. This jacket is perfect for throwing on over your favourite tee and jeans for a casual but classy look. Breathable – A mesh layer keeps things cool when the weather can’t make its mind up. Easy to layer – Lightweight enough to throw over a t-shirt and hoodie but cool enough to wear on its own. Stylish print – Available in a range of prints from camo to colour blocked styles. A Harrington jacket is the perfect addition to your spring wardrobe. This style is popular at the moment and the classic camo print in an unusual blue shade makes this jacket a talking piece. Pair with straight leg jeans, a polo shirt and chunky boots for a look that works whether you’re walking to the pub or shopping on a Saturday. Structured fit – This jacket can be dressed up and down with its structured style. Sharp lines – Tailored collars and decorated cuffs create a polished look. Neutral colours – Tan, khaki, grey and navy make up the colour palette for this jacket style. Military style coats are another classic cut. This type of jacket pairs perfectly with jeans and boots for a laid back and casual look. Look for sharp collars, tailored pockets and neat lines. Ideal for spring nights out waiting in line to get in the biggest bar or thrown over a simple t-shirt and joggers ensemble at the weekend. Strong style – This jacket speaks for itself, wear it with the basics. Easy to layer – Wear over a hoodie at the weekend or a thicker plaid shirt for easy spring style. Comfortable fit – Leather moulds itself to your body over time, resulting in a jacket that fits like a dream. The classic black leather jacket is always on trend, this style is perfect for casual cool looks and is definitely not one to miss out on. Real leather starts off tough but softens over time, adapting to your body for a fit that works with your shape. Avoid oversized looks this year, form-fitting jackets can pull any outfit together. Super lightweight – Best reserved for dry days, this is the jacket for a sunny afternoon. Structured fit – Sharp shoulders, crisp collars and neat cuffs make this the perfect smart/casual jacket for the day. Softens over time – Like a leather jacket, denim softens the more you wear it and moulds to your shape. Denim never goes out of style but this season consider the material but with a twist. Printed denim jacket styles are dominating the scene, stealing the show and working as the statement piece for your everyday looks. Don’t be afraid to dabble in double denim once the warmer weather hits, a denim jacket with shorts in the same material is a strong look. Waterproof – Well, it’s showerproof, so that means you’re covered if you left the house without an umbrella. Strong prints – Cagoules aren’t dull anymore, strong prints tap into urban, athleisure vibes. Super lightweight – Best reserved for warmer days with a chance of rain. The hooded cagoule is lightweight but practical and is great for those wetter spring days. Look for a style featuring a strong print. Camo is in this season, with wilder colour palettes complementing traditional khaki and navy shades. Effortlessly layered look – You can still enjoy the layered look without the heat. Hood – Ideal if there’s a shower, looks good too. Neutral shade – Tan jackets work with everything from your skinny black jeans to straight leg bleached styles. The hoodie jacket is a new breed of lightweight outerwear and perfect for creating that layered look without sweating when you leave the house. A comfy hood is stitched into the collar to add an athleisure vibe to a structured, lightweight jacket for a finish that turns heads and looks great all day. Looking for the best men’s lightweight jackets? Check out our full range here on the Superdry site. The post Top layers: 5 lightweight jackets for men appeared first on Superdry Edition. Maybe you spent January and February trying to get into a new fitness routine that just didn’t stick. That means it’s time to look for something new. We’ve been hearing whispers of some awesome classes and fitness trends for 2019 that are a little more fun than staring into space on an elliptical machine. We swear you’ll be telling your friends all about them – just like you would a first date or a night out. Wellness festivals – Love music? Love fitness? Combine the two this year. Nutritionist apps – Move over regular food tracking apps, innovative new ones are on the scene that look at your diet and what you’ve input that day then recommend what other nutrients you need. Shorter workouts – We are NOT upset about this. Shorter workouts – 45 minutes is the new hour – are going to be seen in gyms up and down the country. Virtual training – New tech means you get to do a class run by a world-class trainer from your local gym. Exercise tracking – We’re already loving the fitness tracker but more accurate tech is entering the playing field. We love the idea of self-care and a wellness festival is the ultimate experience. Combining fitness, great tunes and a fun atmosphere, these gems are taking place throughout the year, all over the UK. Lovefit is a popular one, as well as Festival No.6 which focuses on yoga and outdoor activities and Soul Circus. You’ll have access to tasty grub that’s good for you – no dodgy festival burgers here – sweaty workouts every day to get the blood pumping and mindfulness experiences from yoga to meditation classes. You may track your food already but this year try tracking your food and seeing what your body is missing. Apps such as Healthspan take the data you input and suggest other vitamins and nutrients you need to feature in your diet to ensure you’re getting everything you need. Gone are the days of the hour and a half class, when you check the clock every five minutes and want to cry. Workouts are being compacted into 45-minute slots – great to squeeze in some exercise on a lunch break if you can – and have a high-intensity training focus to ensure you’re still burning those calories. In gyms and in living rooms, virtual classes are proving popular. Similar to following a trainer on a DVD like you did as a teenager, these track your progress via the machine you’re using to ensure you’re not slacking off and react appropriately. Les Mills is offering these virtual options and they’re great because you get access to some of the most incredible trainers you’d likely have never had the pleasure of sweating with. They’ll be transported to your gym’s studio via a cinema style screen to get your body moving. F45 – The cooler cousin of CrossFit has made its way to the UK. Treadmill classes – No longer the machine you turn to when you don’t have a routine, whole classes will be focused around running this year in tailor-made studios. Aerial yoga – Definitely a whole body workout, aerial yoga sees you suspended and improving your flexibility. Boxing still reigns – Stress relieving and muscle building, boxing is still a heavyweight contender for the best overall fitness workout. Parkour – Specialist classes will get your heart racing and feeling pretty damn cool all at once. You’ve heard of CrossFit but a new breed of this high-intensity training is on its way. All the way from Australia, F45 is being slowly introduced in some of the biggest gyms in Europe this year. The F stands for functional and the 45 is how long the classes last – just enough to get you panting but not too much to leave you half dead. We promise you’ll fall in love with working out – once the muscle ache is gone. You can find a studio that offers it here. Something fitted that is moisture wicking and won’t get in the way. Leggings, sports bra for the ladies and a form-fitting top are your best option. You probably use the treadmill now when you’re not feeling the weights but this year it’s stealing the show when it comes to classes. Running classes that don’t rely on the weather are proving popular and treadmill focused studios are setting up all over the UK. If you wanna give it a go, go all in and try out a Barry’s Bootcamp, this treadmill class features cardio on the machine followed by weights, floor work and TRX for an all-body workout. It’s a favourite of the Kardashians. Good, supportive trainers, your comfiest running gear and minimal layers – it’s going to get sweaty. We’ve all done the downward dog. Tried to master the cobra. But have you ever considered yoga in the air? Aerial fitness is a 2019 trend that you need to try. Suspended in the air, you use your whole body to maintain poses while holding on tight to silks, a hoop or slings. Look into classes from the likes of Flying Fantastic who have a range of locations across London. Sportswear that fits snug – you don’t want to get your clothing caught on the silks or in the hoop. Leggings are best to avoid friction burns when moving around on the equipment. Move over boys, the girls are in the ring. Plenty of boutique boxing studios are popping up with celebrities joining in on the trend. Boxing can reduce anxiety/stress, plus it’s super empowering. We recommend Kobox in London, which is deemed part fight club, part night club. Sportswear that’s breathable but easy to move in to ensure your right hook isn’t hindered. Thought to be the sphere of adrenaline junkies and stuntmen, parkour classes are now offered to us mere mortals. Parkour Generations offers classes for all abilities and sessions focused on specific skills. You need to move freely when attempting parkour and it’s best to cover up to in an attempt to avoid scuffs and scrapes while tackling those jumps and tucks. Want to up your fitness game in 2019? Try out these trends and look good doing it with the Superdry Sport range for men and women. The post Top 5 fitness trends for 2019 appeared first on Superdry Edition.

2019-04-21T12:58:45Z

https://careers.superdry.com/blog/archive/2018-12?page=2

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The history of the European oil and gas industry reflects local and global political events, economic constraints, and the personal endeavours of individual petroleum geoscientists, as much as it does the development of technologies and the underlying geology of the region. Europe and Europeans played a disproportionately large role in the development of the modern global oil and gas industry. From at least the Iron Age until the 1850s, the use of oil in Europe was limited, and the oil was obtained almost exclusively from surface seeps and mine workings. The use of oil increased in the 1860s with the introduction of new technologies in both production and refining. Shale oil was distilled on a commercial scale in various parts of Europe in the late eighteenth century and throughout the nineteenth century but, in the second half of the nineteenth century, the mineral oils and gas produced primarily from shale and coal could no longer satisfy demand, and oil produced directly from conventional oil fields began to dominate the European market. The first commercial oil wells in Europe were manually dug in Poland in 1853, Romania in 1857, Germany in 1859 and Italy in 1860, before the gradual introduction of mechanical cable drilling rigs started in the early 1860s. In the late nineteenth century, the northern part of the Carpathian Mountains in what is now Poland and Ukraine was one of the most prolific hydrocarbon provinces in the world. The Bóbrka Field in the Carpathian foothills of Poland, discovered in 1853, is still producing and is now the oldest industrial oil field in the world. The 1914–18 and 1939–45 world wars were both major drivers in exploration for and exploitation of Europe's oil resources and in the development of technologies to produce synthetic fuels from the liquefaction of bituminous coal and the combination of carbon monoxide and hydrogen as the Allied and Axis governments struggled to maintain adequate supplies of fuel for their war efforts. In Britain, the first ‘accidental’ discovery of gas was made in 1875 in the Weald Basin, but it was not until 1919 that Britain's first oil field was discovered at Hardstoft, in Derbyshire, as a result of a government-funded exploration drilling campaign, triggered by the need to find indigenous supplies of oil during World War I. The period of reconstruction after World War II was also critical for the European oil and gas industry with further successful exploration for oil and gas in the East Midlands of England resulting in Britain's first ‘oil boom’, and the discovery and development of deep gas fields in the Po Valley in northern Italy fuelling the Italian economy for the next 50 years. Drilling technologies developed during Britain's first oil boom, together with the extrapolation of the onshore geology of the East Midlands oil fields and of the Dutch gas fields, led to the discovery of the huge oil and gas resources beneath the North Sea in the 1960s and 1970s, which enabled Britain, Norway, Denmark and The Netherlands to be largely self-sufficient in oil and gas from the late 1970s until production began to decline rapidly in the early 2000s. Today, oil and gas production in most European countries is at an historical low. Exploration for new sources of oil and gas in Europe continues, although increasingly hampered by the maturity of many of the conventional oil and gas plays, but European companies and European citizens continue to play a major role in the global oil and gas industry. The establishment of petroleum as a tradable commodity, as well as a natural resource, triggered a paradigm shift in the history of civilization, introducing a new set of values, opportunities and forces, shaping the course of social endeavours as diverse as science, technology, energy production and consumption, and leading to associated improvements in living standards throughout the world. Our 160 year-old hydrocarbon-based civilization is founded on this paradigm and, despite many criticisms and shortcomings, hydrocarbons will continue to be a key component of our lives for decades to come (Sertorio 2002; Smil 2017). Europe is highly dependent on oil and gas as its primary sources of energy and as a basic feedstock for the chemical and manufacturing industries. Natural gas is widely used to generate electricity and for heating, while petroleum products derived from oil (petrol, diesel and kerosene) are essential fuels for transportation. Oil and gas are also used for domestic heating, and as the raw material for producing millions of items ranging from fertilizers, plastics, detergents, preservatives, life-saving medicines, clothing and cosmetics, through to appliances including computers, insulation, inks and toners, paints, glues, solvents and antiseptics to golf balls, CDs, bin bags, nail polish, and chewing gum. The beginning of the mass consumption of oil was the result of a transnational and cumulative process of trial and error that lasted for centuries. The inception of the modern oil industry gained momentum in the first half of the nineteenth century as a result of the definition of some ‘hydro-carbon’ compounds obtained by heating oil given by the British scientist Michael Faraday in 1825, the introduction of fractional distillation to refine oil by the American Chemist Benjamin Silliman Jr and the systematic application of mechanized drilling by means of the cable tool system operated by steam power in NW Pennsylvania. After centuries of stagnation, discontinuous production and low consumption, the use of oil increased in the 1860s with the introduction of new technologies in both production and refining. In the second half of the nineteenth century, the mineral oils and gas produced primarily from shale and coal could no longer satisfy demand, and the oil produced directly from conventional oil fields in Eastern Europe, Russia, the USA and, eventually, the Middle East fairly rapidly began to dominate the global fuel market (Jevons 1865; Gerali 2012; Gerali & Gregory 2017a). Oil has been the world's most important source of energy since the mid-1950s, largely because of its high energy content, transportability and relative abundance. Several European countries, among them France, Germany and Italy, have an important oil heritage, rich in invention and technology, despite the fact that they never achieved globally significant levels of conventional oil production. This lack of conventional oil resources influenced both their attempts to develop alternative sources of energy – France worked on oil shales, Germany on coal hydrogenation, and Italy had diversified strategies involving lignite and hydroelectric – and, in the second half of the twentieth century, the success of their citizens as ‘oil finders’ in the oil fields of the world (Yanarella & Green 1987; Bardini 1998; Pozzi 2009; Beltran & Carré 2016). Britain, Norway, Denmark and The Netherlands were largely self-sufficient in oil and gas from the late 1970s and early 1980s, following the discovery of oil and gas under the North Sea (Fig. 1) in the 1960s and the subsequent rapid build-up in offshore production, until offshore production started to decline rapidly in the early 2000s. There is, however, a much longer and much less well-known history of oil and gas exploration and production in Europe. In fact, natural seepages of oil and outcrops of oil-bearing shale across Europe have been exploited since the Iron Age, and shale oil was distilled on a commercial scale in various parts of Europe in the late eighteenth century and throughout the nineteenth century (Forbes-Leslie 1917; Strachan 1920; Gallois 2012). Physical features of Europe. Published in 1906 by W. & A. K. Johnston Limited, Edinburgh and London. Available from the David Rumsey Historical Map Collection. According to the BP Statistical Review of Energy 2017, the world's proved oil reserves (excluding self-sourced shale plays) are 1.71 Tbbl (trillion barrels), of which Europe (except Russia) contains a ‘mere’ 11.6 Bbbl (billion barrels). The five European countries with appreciable oil reserves today are, in decreasing order of reserves at end-2015, Norway (8.0 Bbbl), the UK (2.5 Bbbl), Romania (0.6 Bbbl), Italy (0.6 Bbbl) and Denmark (0.5 Bbbl). Out of the world's total oil production of 92 MMBOPD (million barrels of oil per day) in 2016, these five European countries produced just 3.3 MMBOPD or 3.5% of global production. The Western and Central European countries with the largest total proved gas reserves at the end of 2016 were Norway (1.8 Tcf (trillion cubic ft)), The Netherlands (0.7 Tcf), Ukraine (0.6 Tcf) and the UK (0.2 Tcf), while Turkmenistan (17.5 Tcf), Azerbaijan (1.7 Tcf) and Kazakhstan (1.0 Tcf) hosted the largest reserves of the countries belonging to the Former Soviet Union (FSU), outside the current Russian Federation. The largest European and FSU gas producers in 2016 were Norway (116.6 Bcm (billion m3)), Turkmenistan (66.8 Bcm), Uzbekistan (62.8 Bcm), the UK (41.0 Bcm) and The Netherlands (40.2 Bcm), but Europe and the FSU (excluding Russia) as a whole today accounts for only 11% of global gas production (British Petroleum 2017). Despite these figures, there is a long history of exploration, production and consumption of oil and gas in many parts of Europe, as well as of oil- and gas-related science and technology, much of which had a profound influence on the oil and gas industry worldwide. In the history of the oil and gas industry in many European countries, there are important episodes and players that influenced the course of events; some of these are already well documented, while others have gone unnoticed or even forgotten. Nevertheless, each episode is important because, beyond the well-known stories of successes and failures, there are various elements that enable us to gain new insights into the process of the development of the oil and gas industry in Europe. This Special Publication brings together a series of important papers dealing with different aspects of the history of the oil and gas industry in the UK, Norway, France, Spain, Italy, the Czech Republic, Hungary, Slovakia, Poland and Romania (Fig. 2), and examines the role of some of the key technologies and of the petroleum geoscientists who influenced the development of the European oil and gas industry between the sixteenth century and the present day. General map of Europe showing the areas covered by the papers in this volume. A bibliography of selected published papers and books, primary and secondary sources, dealing with the history of the European oil and gas industry is provided at the end of this volume. It is not comprehensive, and is intended only as a source of further reading. There is also a comprehensive gazetteer of the main oil and gas industry museums in Europe at the end of the volume. These can be an invaluable source of additional information for those who wish to develop a deeper knowledge of the development of the oil and gas industry in specific parts of Europe. The manual gathering of petroleum from surface seeps, rock crevices or shallow shafts was recorded in the chronicles of Europe during the late Medieval Age, but had been occurring since the classical age with oil obtained from such surface seeps being used by Greeks and Romans for several purposes. Although petroleum was used in Europe for many centuries, it was only during the sixteenth century that alchemists, natural philosophers and, later, chemists gradually developed scientific knowledge about the nature and potential uses of oil (Huguenet & Frojo 1856; Novelli & Sella 2009). In 1556, the German mining technologist Georges Agricola published De Re Metallica, in which he documented the use of heated petroleum. Forty years later, in 1601, Andreas Libavius, a German alchemist, published in the third volume of his Singolarium, the most detailed account on every known occurrence of light and heavy oil in Europe at that time. In 1625, Johan Volck published a 30 page pamphlet, Description of the Hanau earth balsam, petroleum and soft agate stone, in which he detailed the advantages of refined oils. Many other contemporary scholars in Europe documented methods of refining petroleum, but these scientific advances had little impact on the socio-economic development of Europe at the time. The methods used to produce petroleum in Europe remained almost unchanged between the sixteenth and the first half of the nineteenth century. Basically, it was a craft activity, carried out without specific mining tools that yielded limited quantities of petroleum. Unlike coal, copper and iron, petroleum was not produced by a skilled labour force. Until the mid-nineteenth century, oil exploration was a premature concept; oil was not sought out, but simply found in the ground. Before oil products came into general commercial use during the last half of the nineteenth century, the exploitation of petroleum resources in Britain was restricted to a few surface oil seeps, such as those found in Shropshire, near Formby in Lancashire, in the coal mines of Nottinghamshire and along the south coast of England. For example, oil was distilled from oil-impregnated Carboniferous sandstone quarried at Row Brook in Shropshire during the seventeenth century (Plot 1684; Ele 1697). The use of ‘seepage oil’ in Britain increased considerably when it was found that oil-soaked peat dug at Formby in Lancashire (Bunce 2018) made good fire-lighters, and the heavy tars from the seeps were excellent for caulking boats and for medicinal purposes on livestock. The waxy green oil that seeped steadily into some of the Nottinghamshire coal mines was even used to grease the axles of colliery wagons, but the production from these ‘surface’ sources was always, necessarily, extremely limited. Seeps of natural gas, both at the surface and in mines, have also been recorded in Great Britain for centuries. One particularly early example, near Wigan in Lancashire (Selley 2012), was recorded by Camden in his book ‘Britannia or a Chorographical Description of Great Britain and Ireland’ published in 1586 and is often referred to colloquially as ‘Camden's cooker’ (Camden 1586). One of the earliest attempts to produce indigenous oil in Britain occurred on the banks of the River Severn in Shropshire. In January 1694, British Crown Patent No. 405 was granted to Martin Eele, Thomas Hancock and William Portlock of the British Pitch Works in Bentham, Shropshire who had found a ‘way to extract and make great quantityes of pitch, tarr and oyle out of a sort of stone’ (Torrens 1994; Moody 2007). In 1716, another patent was taken out in Britain by one Talbot Edwards who claimed that, since the expiry of the 1694 patent, he had found a new and better way to extract these materials ‘by fluxing with fire only … the roch or roofe stone’ extracted from the local Shropshire coal mines. The market for the products was rather limited at the time and the oil was soon promoted as a medicine for ‘the Cure of Rheumatic and Scorbutic Affections’. A third patent was issued in 1742, this one to Michael Betton, glazier of Wellington and his brother Thomas, shoemaker from Shrewsbury, again citing the medicinal use of the oil (Torrens 1994). The manufacture of this ‘British Oil’ later continued under the famous Darby family, the descendants of Abraham Darby who first introduced coke smelting at Coalbrookedale on the River Severn in 1709, thereby triggering the Industrial Revolution. Elsewhere in Europe, a Russian-born Swiss doctor and Greek teacher called Eyrini d'Eyrinis (also spelt as Eirini d'Eirinis) discovered asphaltum at Val-de-Travers near Neuchàtel in Switzerland in 1710. He was the author of a landmark volume on the bitumen of the area, in which he presented all the possible uses of natural and refined bitumen. He established a bitumen mine called ‘de la Presta’ that operated until 1986. In France, the light and valuable oil called naphtha was collected in the region of Alsace, near the village of Pechelbronn (which means Pitch Spring). The locals had scooped up the oil from the water spring since the fifteenth century and exploitation of the local tar sands started in 1627. Then, in 1745, the mining of oil sands began in Merkwiller-Pechelbronn under the direction of Louis Pierre Ancillon de la Sablonnière, by special appointment of King Louis XV. In the 1810s, some wells were drilled to guide the location of the mine galleries. One of these wells penetrated a layer of sand containing oil at a depth of 77 m. However, the first important oil discovery was only achieved 135 years after the beginning of the oil mining in the area, when some wells dug mechanically in 1880 yielded oil in commercial quantities: 2860 wells had been drilled by 1916 and these produced 720 000 t (tons) of oil (Heritier 1994). The oil fields of Pechelbronn were active until 1970 and were the birthplace of present-day companies such as Antar and Schlumberger. In 1786, a canal tunnel was driven into the side of the Severn Gorge, near Ironbridge in Shropshire, England, by a Quaker ironmaster, William Reynolds, to bring out coal from the local pits (Fig. 3). The tunnel struck a spring of natural bitumen in Carboniferous sandstones about 300 yards from the entrance and seeps along the length of the tunnel yielded as much as 450 gallons of bitumen a day (Trinder 1981). Some was sold as medicine for the treatment of rheumatic and skin complaints, and some was processed for burning in lamps or converted into varnish. The rest was boiled in large cauldrons at the mouth of the tunnel to produce pitch that was used as a preservative for timber, for treating ropes and for caulking ships decks (Morton 2014). The Coalport Tar Tunnel, Ironbridge, Shropshire. (a) The Tar Tunnel with a drainage pipe on the left and wells cut into the tunnel walls. (b) Bitumen oozing out of the brick-lined walls. (c) A pool of bitumen in one of the wells (http://geotopoi.wordpress.com/2012/09/13/coalport-tar-tunnel/). Numerous oil and gas seeps were recorded in the Weald Basin of southern England during the nineteenth century, and gas was encountered during the sinking of a water well at Hawkhurst in Sussex in 1836. The gas was ignited by a lantern, causing an explosion that killed the two labourers who were sinking the well (Evans 2009; Wigley 2015). In the territories of present-day Germany, petroleum production in the eighteenth century was mainly concentrated in the vicinity of Hannover, Brunswick, Wietz and Celle (Rinehart 1930). In France, thick and sticky asphalt was mined in the vicinity of Gabian, near the city of Clermont-Ferrand, in the region of Auvergne. The town of Gabian was also renowned for La Font de l'Oly (the oil spring), which produced light naphtha. Oil was recovered from La Font from 1608 onwards and the average production was 36 quintals per year. There was another seep, associated with a mineral water spring and a volcanic intrusion, at Le Puy de La Poix (the pitch mount) in the Limagne Basin. Gummy bitumen was collected in the region of Guyana (Schmitz 1938; Heritier 1994; Smith 2006). In Italy, the largest oil provinces were located in the territories of the duchies of Parma and Piacenza, and Modena and Reggio Emilia – stretching from NW to SE along the Northern Apennines (Fig. 1; Fairman 1868; Bonariva 1869; Cazzini 2018; Gerali et al. 2018). Further scientific studies at this time paved the way to a better understanding of oil as a mineral and as a source of energy. In France, in the Dictionnaire de Chymie (1769), Pierre Joseph Macquer (1718–84) provided new evidence for the organic origin of oil. George Balthazar Sage (1740–1824) set out a classification of the different types of bitumen with reference to their density in Eléments de Minéralogie Docimastique (1772) while, in 1784, the Irish mineralogist Richard Kirwan (1733–1812) proposed a category of substances called ‘inflammables’ in his treatise Elements of Mineralogy. In 1796, Kirwan also published a study on the composition of coal and bitumen in the essay Of the Composition and Proportion of Carbon in Bitumen and Mineral Coal, in which he supported the idea of the major commercial utilization of petroleum. In the Austro-Hungarian dominions, petroleum was produced along the northern slope of the Carpathian chain (Fig. 1), in the vicinity of the village of Boryslaw, in the region of Galicia – today in Ukraine. In Romania, the core production of oil was concentrated near the city of Ploieşti, in the foreland basin of the Southern Carpathian chain, in the principality of Wallachia. The earliest written accounts of natural occurrences of hydrocarbons in the Carpathians date back to the sixteenth century, but in the eighteenth century and the early nineteenth century accounts of the practical uses of oil, based on its occurrence in the Carpathians, were published by Rzączyński, Kluk, Hacquest and Staszic. Stanislaw Staszic, a Polish priest, philosopher, statesman, geologist, scholar, poet and writer, produced a geological map of the region, dated 1806, showing the numerous oil seeps and different rock types containing hydrocarbons (Krzywiec 2018) – probably the first map to specifically document surface hydrocarbon occurrences in Europe. In the SE part of what is today Moldova, ozokerite, or earth wax (a kind of natural paraffin), had been mined for centuries (Pearton 1971), and ‘mineral resin’ was collected on the banks of some rivers. In Tsarist Russia, oil production was a burgeoning activity in the Trans-Caucasian area straddling Europe and Asia corresponding to today's Azerbaijan. The economy of the port city of Baku, on the Caspian Sea, was largely based on oil production and trading (Henry 1905). In 1816–17, the Swiss naturalist Nicholas Theodore de Saussure made a comparative analysis of the composition and properties of petroleum samples collected in several European countries (Saussure 1816, 1817). Other scientists had previously carried out similar work, but Saussure's work has the merit of delivering a comprehensive study that went further than the mere annotation of physical characteristics of the different petroleum samples. Instead, his work highlighted the chemical properties and commercial applications of petroleum depending on its quality. During the late eighteenth century and the nineteenth century, Scottish chemists were foremost in the development of British coal-gas, coal-tar and shale-oil industries. William Murdoch (1754–1839) and Archibold Cochrane (1749–1831), ninth Earl of Dundonald, carried out pioneering work on the destructive distillation of coal and shale oil. Archibald Cochrane developed, and in 1871 patented, a method ‘for extracting tar, pitch, essential oils and cinders from pitcoal, whereby the coals are made to ignite without flaming’ (Conacher 1938b) and in 1782 he lit Culross Abbey with gas from produced from tar. Cochrane was a brilliant chemist, but a poor businessman. He foolishly failed to repay massive loans made to his wife and died in poverty in Paris in 1831 (Tomory 2012). Dr James ‘Paraffin’ Young, the founder of the Scottish oil industry, was much more astute. He rose from a humble background to become a noted and very successful chemist and entrepreneur. Young was born in Glasgow and trained as a chemist (Conacher 1938a). He was the manager of an alkali works in Manchester when, late in 1847, he was approached by James Oakes, the owner of the ‘New Deeps’ coal mine at Riddings in Derbyshire, to help him find a use for the thick, black crude oil that was seeping into his colliery workings from a small ‘petroleum spring’ (Fowler 1940; Lea 2018). In the autumn of 1848, Oakes and Young signed a partnership agreement and set up the first plant to produce paraffin oil for lamps. Oakes provided the crude oil from the mine and the plant to refine it, while Young was responsible for the manufacture and sale of the products (Beaton 1959). The crude oil production from the mine was only about 300 gallons a day and by 1850 the supply of oil had run out. Young returned to Scotland in 1851 having patented methods to extract paraffin from bituminous coal and oil shale, treating the extract and purifying the solid paraffin wax. He built a large plant to process the Carboniferous oil shales of West Calder, establishing an industry that was to dominate the West Lothian region of Scotland for much of the next century, and his patented technology was eventually adopted by many early commercial oil refineries worldwide (Carruthers et al. 1927; Conacher 1928; Dean 2018). Over the next 100 years, an estimated 75 MMbbl (million barrels) of oil and 500 Bcf (billion cubic ft) of gas were produced from Scottish shales. In the early nineteenth century, small artisanal refineries with low, and variable, yields were scattered across Europe. Romania in the 1840s was the only European country with documented and consistent commercial-scale refining activity. Romania has a long oil industry history (the use of bitumen in the country dates back to the fifth century AD), and it has the best-preserved official records of oil production, refining and trade in Europe. These confirm the importance of the oil business both for the country and for European oil industry heritage (Tulucan et al. 2018). In 1840, a refinery with the capacity of 300 t per year was active in Lucăceşti, Bacău (at that time still included in the principality of Moldavia) to produce lamp fuel and greases; in 1856, a 2710 t per year plant was operating in Rafov, in the area of Prahova, and between 1857 and 1862 four more refineries opened in the area of Bacău, with a capacity ranging from 873 to 2446 t per year (Pizanty 1947; Forbes 1958). During the second half of the nineteenth century, oil and gas produced primarily from shale and coal could not satisfy the increasing demand in the European fuel market, and new technologies for oil production (and, later, gas production) developed rapidly (Jevons 1865; Gerali 2012). In 1853, the Polish chemist Ignacy Lukasiewicz discovered how to make kerosene from crude oil. On the night of 31 July 1853, Lukasiewicz was called to his local hospital in the then Polish town of Lvov (now in Ukraine) to provide light from one of his new kerosene lamps for an emergency surgical operation. The hospital authorities were clearly impressed with his invention because they ordered several of his lamps and 500 kg of kerosene. Soon after, Lukasiewicz travelled to Vienna, the capital of the Austro-Hungarian Empire, to register his distillation process in the Vienna patent office with his co-worker, J. Zeh, on the 31 December 1853. After Lukasiewicz adapted Gesner's distillation method in 1852 to refine kerosene from more readily available ‘rock oil’ seeps, Lukasiewicz and his business partners, Titus Trzecieski and Mikolaj Klobassa, established the first rock oil mine in Bobrka, near Krosno in Central European Galicia (Poland/Ukraine) in 1853. This led to the rapid growth of the oil industry in the Carpathians, with many shallow wells (30–50 m) dug manually on oil shows associated with the major anticlines in the region. Then, in 1856, Lukasiewicz set up the world's first crude oil refinery at Ulaszowice in Poland. The world's first commercial oil wells were dug in Bibi-Heybat (Bibi-Eibat) near Baku in Azerbaijan in 1846, in Poland in 1853 and in Romania in 1857 (still 2 years before the drilling of the seminal ‘Drake well’ in NW Pennsylvania). In the late nineteenth century, the northern part of the Carpathian Mountains between Limanowa (Poland) and Kosów (Ukraine) was one of the most prolific hydrocarbon provinces in the world (Krzywiec 2018) (Fig. 4). The Bóbrka Field in the Carpathian foothills of Poland, discovered in 1853, is still producing and is now the oldest industrial oil field in the world (Koszarski & Bally 1994). Postcard showing an early oil field in the Northern Carpathians (from Krzywiec 2018). Romania was the first country in the world to have its crude oil output officially recorded in international statistics with an amount of 275 tonnes recorded for 1857. Oil production in Romania had started in the middle of the nineteenth century, mainly from primitive hand-dug and wood-lined wells. An oil refinery was already in operation in Ploieşti in Romania in 1856 and one year later its product illuminated the capital city, Bucharest, with 1000 oil lamps placed along the main streets (Schleder et al. 2016) – the first use of refined oil for street lighting anywhere in the world. The first oil discovery in NW Europe was made when the Wietze oil field near Hannover in Germany was discovered in 1859 (Fig. 5), followed soon after by a discovery near Ozzano in the Parma region of northern Italy in 1860 (Cazzini 2018). The first commercially productive oil well drilled in the Wietze Field, Hannover, Germany. Drilled by the Hannovarian government in 1859, the well yielded a small amount of oil at a depth of about 100 m. Until the 1930s, it was occasionally pumped by hand. From Rinehart (1930). From the 1860s onwards, the Majella oil district of Abruzzo in Italy played a key role in the development of the Italian oil industry through the first detailed analysis of the associated petroleum systems and the introduction of mechanized drilling (Gerali & Lipparini 2018). In 1863, Merzoeff built the first modern refinery in the town of Sourachany, close to the mature oil fields of Baku in Azerbaijan, at a time when they supplied about 90% of the oil used in Europe. Only a year later, the area of Baku had 23 fully equipped refineries (Forbes 1959). At about the same time, in Spain there was early exploitation of oil from bituminous shales, asphalt impregnations or tar sands by subsurface mining and distilling, but with limited economic success (Navarro Comet 2018). Also in 1861, the sailing ship Elizabeth Watts carried a cargo of 1329 bbl of oil for lamps from Philadelphia to London – the first recorded shipping of Pennsylvanian oil to be sold in Europe. Exploration for oil started again in the Gabian area in France in the early 1860, and numerous shallow wells were drilled around the old oil spring. In 1884, a well drilled 300 m from the old oil spring hit an oil reservoir at a depth of 68 m but, with the exception of two other dry wells, no further exploration work was undertaken in the area until 1923 (Heritier 1994). Four of the first 10 giant oil fields to be discovered in the world were found in the late 1880s in what was then the Russian Empire, three of them (Balakhany, Surakhany and Bibi-Heybat) within 25 km of Baku in Azerbaijan (Halbouty 2003; Sorenson 2014) (Fig. 6). The Balakhany Field on the Apsheron Peninsula in Azerbaijan was the largest producing oil field in the world in the 1870s and had 375 producing wells in 1883. It was succeeded as the world's largest producing field by the Bibi-Heybat Field on the south side of the Apsheron Peninsula in the mid-1880s, although this had certainly been in production since 1803 (Sorenson 2014). A Baku ‘spouter’. The derrick is almost buried in sand ejected from the well (from Beeby-Thompson 1904). The first deep well to encounter gas in Britain was drilled on the crest of the Battle Anticline at Netherfield in West Sussex by the Subwealden Exploration Company in 1875. The first well was abandoned at a depth of 1018 ft for mechanical reasons, but a second well was drilled nearby and reached a total depth of 1905 ft. While measuring the bottom-hole temperature of the well, a ‘naked light was injudiciously lowered down the hole’ (Selley 2011) which resulted in an explosion (Willet 1875). There was another accidental discovery of natural gas in 1895 when a 228 ft deep ‘artesian bore-tube’ was sunk in the stable yard of the New Heathfield Hotel at Heathfield in East Sussex (Dawson 1898). The first commercial discovery of gas in Britain occurred in August 1896, when gas was again encountered, accidentally, close to Heathfield Railway Station by the London, Brighton and South Coast Railway while searching for an underground supply of water for its locomotives (Dawson 1898). The Heathfield discovery set off a widespread search for gas in commercial quantities during the years to 1910. Six more wells were drilled at Heathfield, and by 1903 some 70–80 houses and the railway station in Heathfield were lit by gas. The station continued to be lit by gas until 1930. In the late nineteenth and early twentieth centuries, most domestic gas was produced by the destructive distillation of bituminous coal (so-called ‘town gas’). The gas was driven off by heating the coal in air-tight chambers, storing it in ‘gasometers’, and distributing it through a network of pipes to houses and other buildings where it was used for lighting and, much later, for cooking and heating. Gas manufacturing also produced a range of by-products which later became important feedstock for the chemical industry. Manufactured gas allowed the development of what was the first integrated utility network, and its success in Britain led to its rapid spread across Europe (Thomas 2018). In February 1899, Paul Dvorkovitz (1857–1929), a Russian petrochemist in the service of Britain’s Petroleum Storage Tanks and Transportation Co. Ltd, published the first issue of The Petroleum Industrial Technical Review in London, with the support of British oil entrepreneurs. This was the first European technical journal devoted entirely to the oil industry and soon had a worldwide distribution. Similar editorial initiatives were also active in the USA, but were focused mostly on business and the national industry. Dvorkovitz’s journal introduced a new way to communicate the latest oil insights to industry practitioners. It led the market in oil information until the early 1910s and affirmed itself as the ‘voice’ of the European oil industry. Dvorkovitz and his firms were also the major promoters of the first four International Petroleum Congresses held in Paris (1900), Liège (1905), Bucharest (1907) and Lvov (1910). Prior to this, oil was discussed as a ‘branch’ discipline in general geology, engineering and chemistry conferences. Dvorkovitz’s Congress was the first international forum for global oil industry representatives organized in Europe. By 1906, there were more than 7000 people working in the oil industry in the Prahova District of Romania (Fig. 7), the first area in the country to power oil rigs with electric engines fed by the local hydroelectric plant. Oil production exceeded 1 Mt (million tons) per year (Schleder et al. 2016). ‘Gusher’ in the Campina Field, Prahova District, Romania (from Suciu & Luzzati 1923). Oil production in Austrian Galicia (an area stretching from present-day Poland to present-day Ukraine) peaked in 1910 at 2 Mt of crude oil (Krzywiec 2018), making this the third most prolific oil province in the world after Russia and the USA (Krzywiec 2016). Exploration drilling in Spain started in 1900, but the wells were usually simply located in the vicinity of surface oil seeps and impregnations with little or no geological input (Navarro Comet & Puche Riart 2018). Among the many individuals who contributed to the development of the oil and gas industry in the late nineteenth and early twentieth centuries, Sir Thomas Boverton Redwood (1846–1919) stands out as, perhaps, the greatest petroleum engineer and scientist of his generation (Sorkhabi 2018). Redwood, together with his many collaborators and co-authors, contributed, either directly or indirectly, to petroleum exploration and production in many parts of the world where Britain had colonial and commercial interests, and played a leading role in the development of petroleum technology and its application to Britain's oil operations around the world from the 1880s to the 1910s. He established one of the first and most successful petroleum consulting companies, trained generations of petroleum geologists and engineers, served as a technical advisor on many government committees and to many oil companies, and played a key role in securing Britain's oil supply during World War I. At the beginning of the twentieth century, Britain was importing nearly all of its oil from America and Iran. The Scottish oil-shale industry was making a modest, but important, contribution to meeting the domestic oil demand but, by 1918, Britain was importing over 100 000 BOPD (Hallett et al. 1985). Oil imports had increased by over 250% since 1913, in large part due to the increase in consumption required by the Allied Forces during World War I (Giffard 1923), but only about one-seventh of the oil imported in 1918 came from countries within the British Empire. Access to oil was a major strategic factor in World War I (1914–18). The German invasion of Russia during World War I had as one of its objectives the capture of the Baku oil fields so that these could provide much-needed oil supplies for the German military. By the start of World War I, approximately 1335 km of pipeline had been laid in Romania to transport oil, and Germany's invasion of Romania in 1916 was driven by the desire to have access to the country's rich oil fields. The Romanians, following a request from Britain, destroyed more than 1500 wells to prevent them falling into German hands and, as a result, Romanian production dropped from 1 783 947 t in 1914 to 518 460 t in 1917 during the German occupation (Tulucan et al. 2018). However, after the conclusion of the war, the damaged fields were quickly recovered and in 1918 the production had already recovered to 1 222 582 t. From 1857 to 1918, Romania produced 21 376 295 t of oil (Suciu & Luzzati 1923). The Gbely oil field in Galicia also played an important role in supplying oil to the German military during World War I (Benadová 2016), which was much more accessible because of the alliance between Germany and the Austro-Hungarian Empire. Britain's first oil discovery at Hardstoft in Derbyshire in 1919 (Giffard 1923; Brentnall 1995) was made during a government-funded exploration programme to find indigenous oil supplies as a direct result of difficulties encountered in obtaining supplies from overseas during World War I (Craig et al. 2013; Corfield 2018). The exploration programme actually began shortly after World War I, but it was prompted by the concerns of the British government about the German submarine threat to imported supplies of essential petroleum products. Between 1918 and 1922, 11 wells were drilled (nine in England and two in Scotland), two of which proved commercial volumes of oil (Lees & Cox 1937; Brentnall 1995). The first well was drilled on a prominent faulted surface anticline at Hardstoft, near Bolsover in Derbyshire (Fig. 8), and produced some 29 000 bbl of oil before it was finally abandoned in 1945 (Craig et al. 2013). The second discovery, at D'Arcy in Lothian, 10 miles SE of Edinburgh, produced only 50 bbl of waxy oil before it was abandoned. Two wells were drilled in Staffordshire – one on the western side and the other on the eastern side of the Staffordshire Coalfield – and the other seven English wells were drilled in a roughly north–south line along the east side of the Pennines in Derbyshire, but all these except the Hardstoft well were dry (Corfield 2018). The Hardstoft No. 1 well, Tibshelf, Derbyshire (© Devonshire Mss., Chatsworth, Tibshelf/Hardstoft Oilwell papers). Oil was struck at Hardstoft on 27 May 1919 and production commenced in June 1919. Powers to enter onto land for the purpose of drilling for oil (but not ownership of any oil found) were provided under the Defence of the Realm Act of January 1918 and the government used these powers to take the land necessary for the nine well sites. These powers lapsed on the cessation of hostilities at the end of World War I (Hallett et al. 1985), with rather embarrassing consequences for the government. Although modern rotary drilling techniques were first introduced in Texas in the early 1890s, most wells in Europe were still drilled using the older, slower and potentially more dangerous ‘cable tool’ method until the 1930s. Cable tool drilling did not allow the pressure in the well to be controlled, and the first indication that a high-pressure productive reservoir had been penetrated was usually the appearance of oil and gas jetting through the rig floor, which often then ignited causing dramatic oil field fires. One such spectacular ‘blowout’ occurred on 27 May 1929 at Moreni in Romania (Fig. 9) when the Romano American well No. 160 blew-out after encountering high-pressure gas (Spencer & Furcata 2016). The entire 662 m drill string was ejected from the well and sparks produced by the friction ignited the gas escaping from the well. The derrick was thrown 300 m by the explosion. Numerous attempts to extinguish the fire and cap the well, including drilling a tunnel 60 m below the casing head, were ultimately unsuccessful. The light from the burning well was visible from Bucharest, 70 km away and the blowout became internationally famous as the ‘Torch of Moreni’ (Spencer & Furcuta 2018). The fire finally went out naturally in November 1932, after burning for 2 years and 4 months, by which time the blowout and the subsequent attempts to extinguish the fire, including by the pioneer of oil-well firefighting, Myron Kinley (Spencer & Furcuta 2018), had resulted in the death of 14 workers and the injury of more than 100 others. View of a hilly oil field in Sarata, Romania, 1899 (source: Petroleum Industrial and Technical Review, vol. 1, 30 March 1899). After World War I, interest in exploring for oil in Britain declined when an Act of Parliament (the Petroleum Production Bill) in 1918 conferred on landowners the rights of ownership of any minerals found on their land. This discouraged oil companies from exploration. Cheap supplies of foreign crude oil also reduced the incentives to search for oil in Britain. Oil was produced at Hardstoft at an average rate of 6 BOPD until December 1927 (Craig et al. 2013). The well was prone to waxing and silting, and never flowed freely. Production increased to 14.6 BOPD during a pumping test carried out by the government in 1921, but the pumping was not continued because the government did not own the oil it produced. Several of the other wells drilled during this campaign on other structures encountered gas (Veatch 1923) but, ultimately, not in commercial quantities (Corfield 2018). On 23 March 1923, the Hardstoft well was taken over by the Duke of Devonshire, who owned the mineral rights and the land on which it was drilled. Eventually, the Petroleum Prospecting Act of 1934 gave the Crown the rights of ownership of any future discoveries of naturally occurring oil or gas and made it possible for companies to acquire exploration licences in the UK for the first time. With the new legislation, interest in exploration was renewed. The Petroleum Prospecting Act was not retrospective; the Duke of Devonshire retained ownership of the oil discovered at Hardstoft and he remains the only individual in the UK today who owns the rights to the oil under his land. Initially, applications for licences to carry out exploration were concentrated mainly over parts of southern England, particularly Sussex and Hampshire. The first deep oil exploration well to be drilled in Britain, Portsdown No. 1, was spudded by D'Arcy Exploration Co. Ltd (the exploration subsidiary of the Anglo-Iranian Oil Company Ltd) in January 1936 on a site on a hill overlooking Portsmouth Harbour on the south coast (Fig. 10), but it found only a small quantity of oil. Several other wells were drilled in Hampshire, Berkshire, Dorset and Sussex in the following years (including wells at Henfield in Sussex, which encountered a small amount of gas, and at Kingsclere near Newbury in Berkshire), and a little oil was found, but all the wells were abandoned due to the poor quality of the reservoir (Lees & Cox 1937). In 1937, the D'Arcy Exploration Co. Ltd (later to become BP) found gas at Eskdale in North Yorkshire (Anglo-Iranian Oil Company Ltd 1947; Haarhoff et al. 2018). Portsdown No. 1 Well. Source: BP. In 1937, the Anglo-American Oil Company (a subsidiary of Standard Oil) made an unsuccessful attempt to find oil at Hellingley in Sussex (Anon 1937). The search for oil then moved to the Midlands and the north of England, and particularly to southern Scotland, where, during 1937, D'Arcy made significant gas discoveries (with minor amounts of oil) in the northern culmination of the D'Arcy–Cousland Anticline at Dalkeith, SE of Edinburgh and at Cousland (Longhurst 1959). The gas was piped to the local gasworks during World War II and BP developed the field in the late 1950s. Also in 1937, Anglo-American re-drilled the southern culmination of the D'Arcy–Cousland Anticline, close to the original 1922 D'Arcy discovery well. This led to the later development of the Midlothian oil field (Underhill et al. 2008). Steel Brothers & Co. Ltd, whose association with the oil industry was primarily as the managing agents in London to the Attock Oil Company operating in India, completed an exploration well at Edale in Derbyshire in 1938 and, when this was unsuccessful, they carried out a general investigation of areas in Yorkshire, Derbyshire, Cheshire and Lancashire. Further wells drilled in the East Midlands, at Gun Hill, north Staffordshire and at Alport in the Peak District also gave disappointing results (Anglo-Iranian Oil Company Ltd 1947), but a small oil accumulation was discovered at Formby in Lancashire, at a depth of only 18 ft, in 1939 (Bunce 2018). Shortly after the Formby discovery, the D'Arcy Exploration Co. made much more significant discoveries in the Carboniferous succession at Eakring (in 1939), Kelham Hills (in 1941), Dukes Wood (in 1941) and Caunton (in 1943) in Nottinghamshire, and at Nocton (1943) in Lincolnshire (Lees & Taitt 1946) (Fig. 7). In 1940–41, Gulf Exploration (Great Britain) drilled a deep exploration well at Penhurst in Kent and then a second well in the Cleveland Hills of Yorkshire, with unsuccessful results in both cases. During World War II, oil facilities were a major strategic asset and were extensively bombed. German U-boats again threatened British oil supplies from Persia and this led to the rapid, and top secret, development of domestic oil fields at Eakring and Duke's Wood in the East Midlands of England. Given the critical need for an indigenous supply of oil during World War II, the D'Arcy Exploration Company decided that, in the national interest, it would suspend further speculative exploration drilling in order to focus on developing the two fields in Nottinghamshire. The development of the fields under wartime conditions was hampered by the lack of available labour because the majority of skilled and able-bodied men had been ‘called-up’ and by the lack of steel, which was required for munitions and shipbuilding. Delays were also incurred because of the restricted lighting conditions permitted during black-out hours and, in the early stages, by periodic air-raid warnings during which drilling had to be suspended. The development of the Duke's Wood Field was further hampered by the shortage of labour and of road-building equipment need to construct access roads in the hilly and wooded area. The various drilling rigs operated by D'Arcy Exploration were moved to Eakring to begin development work, but these heavy-duty rigs proved unsuitable (Southwell 1945). Although improvements were made, by August 1942 the situation was critical – Britain had just 2 months’ stock of oil remaining and supplies from overseas were being repeatedly disrupted by German U-boats. Britain turned to its American ally, importing, in great secrecy, American rigs and American drilling crews to drill up the Eakring and Duke's Wood fields. The new American Unitized rigs with jacknife portable derricks were designed to give maximum mobility (Day 1946). What 44 American roughnecks were doing in the middle of Sherwood Forest was kept a secret – apparently, by the simple expedient of spreading a rumour that they were making a Western film starring John Wayne! The new rigs and their American drilling crews greatly reduced the time taken to drill the wells and to move the rigs between drilling locations. The average time taken to rig-up, drill and complete a production well was reduced to 7 days (Southwell 1945) and, with experience and changes in drilling practices, it became possible to drill 800 ft with a single drill bit, thereby reducing the average number of drill bits (which were in short supply) required to drill a production well from 13 to six. By the end of the war, the crews had drilled 380 wells of varying depths (amounting to 735 000 ft of drilling) resulting in 250 successful production wells, which together had produced more than 2.25 MMbbl of oil. When refined, this oil was particularly suited to power the Rolls Royce Merlin engine used in most of the Royal Air Force's high-performance fighters and bombers like the Supermarine Spitfire and the Avro 683 Lancaster. This provided Britain with a distinct advantage when compared with the low octane content of the synthetic aviation fuels produced in Germany by the synthesis of coal through the Fischer–Tropsch process. Before World War II, the German oil industry consisted of a weak upstream sector, mostly run by small- to medium-sized companies with limited financial resources, and a strong and competitive downstream sector. Because of the relatively small number of wells and the outdated technology (wooden rigs and manual gathering of the oil), the Wietze fields, in the Hannover district which is the richest oil area of Germany, produced only 11 773 567 t of crude between 1873 and 1929; while, in contrast, in the 1930s Germany had 27 efficient refineries that refined and re-sold foreign oil. It was this lack of domestic oil resources and the pressing war needs that motivated Germany to turn to the production of very expensive synthetic fuels to sustain their war effort (Rinehart 1930; Dewey 1946). As the war progressed, supplies of oil to the ‘Axis’ troops also became increasingly vulnerable as the Allies mounted numerous attacks on German, Italian and Japanese oil resources. In 1943, some 35% of all ‘Axis’ oil supplies came from the Ploieşti oil fields in Romania, seized by the Germans in late 1940. Attacks on the oil refineries at Ploieşti culminated in the infamous ‘Operation Tidal Wave’, launched on 1 August 1943, during which 54 out of the 117 B-24 Liberator bombers that flew the low-altitude mission from Benghazi in Libya were shot down with the loss of 532 men (Al-Ani 2015). Several more raids on the Ploieşti oil fields in 1944 were more successful, resulting in substantial damage (Fig. 11) and making the refineries inoperable by August 1944, thereby substantially weakening the German war effort. At the end of the war, Romania was occupied by Russia, and the Russian influence on the Romanian oil industry remained for decades, even lasting until the fall of the Soviet Union in 1991 (Tulucan et al. 2018). 5 April 1944, B-24 Liberators in formation, bombing the Ploieşti oil installations in Romania. Near the end of the war in 1944, during the ‘Italian Civil War’, the Caviaga gas field was discovered in the province of Piacenza, near Milan in the Po Valley area of northern Italy (Fig. 1), following a seismic survey that started in 1940 with American personnel and machinery, but was stopped temporarily in 1941 when the USA entered the war. Italian technicians replaced the Americans on the seismic crew and the survey was completed (Cazzini 2018). Caviaga was one of the largest gas fields in Europe at the time, second only to the Deleni Field in Romania, and it played a key role in the rejuvenation of the Italian industrial economy after the war. Although the majority of European countries are not major producers of oil and gas, many have produced world-class petroleum geologists, explorers and engineers. Cesare Porro (1865–1940) was the first modern oil geologist in Italy. In contrast to his senior colleagues Giovanni Capellini (1833–1922), Antonio Stoppani (1824–91) and Dante Pantanelli (1844–1913), who focused on oil exploration for just a small part of their careers, Porro worked consistently in the oil sector from 1898 to 1931. He started his career with Royal Dutch Shell in Sumatra and eastern Europe. A few years later, he was hired by Deutsche Bank to work in what was then called Mesopotamia. In 1905, he documented the oil potential of the Mosul region for the first time. Hired by a Dutch private consulting firm in 1906, he was sent to explore areas of Wyoming and Oklahoma. In the early 1920s, he returned to Italy to work on oil exploration in the peninsula and then became a member of the Technical Committee of the newly-formed AGIP. He left in 1931, but was asked again in 1937 to explore the territories of Libya. Porro refused and the task was then offered to Ardito Desio (1897–2001), who between 1938 and 1939 discovered oil for the very first time in the oil formations in the province of Fezzan (Desio 1941; Candela 2014; Gerali & Lipparini 2018). Three German geologists, Alfred Benz (1897–1964), August Moos (1893–1944) and Karl Krejci-Graf (1898–1986), made particularly important contributions to petroleum geology and exploration in the 1930s and 1940s (Kölbl-Ebert 2018). Bentz and Krejci-Graf offered their expertise to Hitler's regime, whereas Moos, because of his Jewish background, was murdered. Their biographies shed new light on how German petroleum geologists lived and worked during the span of two world wars in the first half of the twentieth century. Switzerland has also produced many excellent petroleum geologists, including Carl Schmidt (1862–1923), Josef Erb (1874–1934), Hans Hirschi (1876–1965) and Arnold Heim (1882–1965) (Gisler 2014, 2018; Gisler & Trümpy 2016). Schmidt and Erb worked for Royal Dutch Shell, mainly in SE Asia, while Hirschi and Heim were both students of Albert Heim (1849–1937), Arnold Heim's father, at Zurich. For a while, Hirschi also mentored Arnold Heim. Arnold Heim, who could not succeed to his father's position at Zurich because of a conflict of interest, led an almost ‘nomadic’ life, working in various parts of the world. His only permanent position came in 1949 (at the age of 70) when he put together a group of Swiss geologists to work in Iran. Among these were Jovan Stöcklin (1921–2008) and Heinrich Huber (1917–92) who later led the mapping work at the Geological Survey of Iran and the National Iranian Oil Company, respectively, until the 1970s. Another well-known Swiss geologist during the pre- and post-war period was Augustus Gansser (1910–2012). He worked for Royal Dutch Shell in South America during World War II, was another student of Arnold Heim at Zurich and later was a colleague of Albert Heim while working in the Himalaya in the 1930s and Iran in the 1950s (Sorkhabi 2012). The Swiss petroleum geologists working for Shell in South America during World War II, including Gansser and the two brothers Daniel Trümpy (1893–1971) and Eduard Trümpy (1903–66), remained in the region because of the war and undertook extensive geological mapping. Josef Theodor Erb (1874–1934) was the Chief geologist for Royal Dutch Shell, where he introduced rules and suggestions to standardize the writing of petroleum geological reports (Wannier 2018). Erb's ‘Uniformity in Geological Reports’ was written as an internal Shell report in 1917 and it eventually formed the basis of the ‘Shell Standard Legend’. Another pioneering European petroleum geologist during and after World War II was Simon Papp (1886–1970), who is regarded as the Father of petroleum exploration in his country, Hungary. Papp was an internationally renowned petroleum geologist, who contributed enormously to oil and gas exploration in Hungary. In 1948, soon after the end of World War II, the communist regime in Hungary imprisoned Papp; nevertheless, needing his expertise, the regime arranged for him to continue his geological work from his prison cell (Tari & Bérczi 2018). The Eakring Field in the East Midlands was the first of 25 onshore discoveries made in Britain over the next 30 years (Falcon & Kent 1960) (Figs 12 & 13), a period that defined what was, effectively, Britain's first ‘oil boom’. After World War II, both D'Arcy Exploration Co. Ltd and Anglo-American Oil Co. Ltd resumed their oil exploration efforts in Britain, but production declined to 5500 bbl per year by 1948. The search for other oil fields continued and, in 1953, BP found oil at Plungar in the Vale of Belvoir in Leicestershire – the first post-war oil field discovered in Britain. Following this, new fields were found in Nottinghamshire at Egmanton in 1955, Bothamsall in 1958 and South Leverton in 1960 (Fig. 11). The search in Lincolnshire also proved fruitful, and four discoveries were made between 1958 and 1962. Oil and gas fields in northern and eastern England (modified from Gluyas & Bowman 1997; Craig et al. 2013). General map of areas of Britain explored to the end of 1957 (from Falcon & Kent 1960). In 1952, the Gas Council (GC) joined forces with BP in the search for natural gas and for structures suitable for the storage of peak-load gas. In 1958, gas from a discovery at Calow in Derbyshire was fed to the Chesterfield gas works, and a similar link was made from the Eskdale gas field to the Whitby gas works in 1960. Elsewhere in Europe, the widespread use of seismic data from the 1950s onwards triggered an intense period of exploration. The first significant oil discoveries in Italy were the Ragusa heavy oil field, discovered in 1954 and the Gela Field, discovered in 1956, both in Sicily (Cazzini 2018). By the mid-1950s, the first offshore seismic survey had started in the Adriatic Sea (Fig. 1) and, in 1959, the drilling of the Gela 21 well, the first offshore well in Europe, boosted further exploration possibilities in Italy. In Spain, despite systematic exploration in 1940, it took more than 20 years to find a commercial hydrocarbon discovery. The Castillo gas discovery in the onshore Basque–Cantabrian Basin in Spain was later complemented in 1964 by the oil discovery at Ayoluengo (Burgos) in the southern part of the same basin, which today, more than 50 years later and after intense drilling activity during the 1960s, still remains as the only commercial oil field discovered onshore Spain, with production varying between 100 and 150 BOPD and a total cumulative production of 17 MMbbl of oil (Navarro Comet 2018). Some exploration activity continued onshore in Britain during the late 1950s and the early 1960s (Fig. 13). BP made significant commercial oil discoveries at Kimmeridge in 1959 and subsequently at Wareham in 1964. However, in 1964, the British government ended the preferential tax treatment for producers of indigenous light oils in order to meet an obligation entered into under the European Free Trade Agreement. This had a devastating effect on the economic viability of Britain's onshore oil fields. BP's oil production from the East Midlands fell by a third and development work on several significant discoveries ceased. In 1965, Home Oil drilled Lockton 2a in the North Yorkshire Moors which tested gas at very impressive rates. Subsequent wells, Lockton Nos 3, 4 and 5, all proved dry, but Lockton was still the most important onshore gas discovery of the decade in Britain. It came on stream commercially in 1971. Gas was later also discovered in the same horizon at Ralph Cross, west of Eskdale, and at Malton to the SW of Lockton (Haarhoff et al. 2018). In the late 1950s and the early 1960s, gas was discovered onshore at Trumfleet in Yorkshire and at Ironville in Nottinghamshire. The former was found to contain some oil during subsequent appraisal drilling in 1965. Esso made a further gas discovery at Bletchingley in Surrey in 1966, but the field was not developed commercially due to its low calorific value. All of these discoveries were small, and interest in exploring further for oil and gas onshore waned. There followed a period of inactivity while attention switched to the North Sea. In 1958, a United Nations treaty divided the North Sea into economic zones by country and from this point onwards exploration gradually moved from onshore to offshore. The first discovery in the North Sea, the Ekofisk Field, was made in the Norwegian sector in 1969 (Jakobsson 2018), while the first discovery in the UK sector, the Forties Field, was made the following year. Oil was first produced from the UK North Sea from the Argyll Field in June 1975 (Gluyas et al. 2018). With the increased focus on the North Sea, interest in onshore exploration declined rapidly during the early 1970s and might have faded entirely but for the events of 1973–74, when the oil supply crisis led to a sharp rise in oil prices, thereby improving the economics of exploration and development onshore in Britain. It was against this political and economic background that, in 1973, the Gas Council discovered Wytch Farm; Britain's largest, and eventually Europe's largest, onshore field, with estimated initial reserves of 500 MMbbl of oil (Morton 2014). In 1998, when it was at peak production, the Wytch Farm Field produced 110 000 BOPD. However, it was the steep rise in prices in 1979–80 following the Iranian revolution when the price of oil again rose that really rejuvenated exploration for oil and gas in Europe, and elsewhere in the world. In 1980, 10 exploration/appraisal wells were drilled onshore in Britain, compared to five during the previous 3 years. In 1981, a gas discovery was made at Hatfield Moor in Yorkshire, and Carless Capel made an oil discovery in the Weald Basin at Humbly Grove near Basingstoke. Hatfield Moor came on stream in December 1985 with the gas transported to the nearby Belton Brickworks, and Carless Capel made two further oil discoveries at Herriard and Horndean during 1982–83. The success at Hatfield Moor was followed by another discovery at Godley Bridge in Surrey during 1983. Also in the early 1980s, another oil field was discovered near the village of Scothern in Lincolnshire and this eventually led to the development of Britain's second largest onshore oil field, at Welton. In addition to the discoveries at Horndean and Herriard, other oil discoveries were made at Farleys Wood in the East Midlands, and at Hemswell and Nettleham No. 2 in Lincolnshire. The onshore exploration success continued in 1984, with further discoveries at Cropwell Butler, Broughton and Stainton. In addition, an oil discovery was made at Larkwhistle Farm in Hampshire, a find that confirmed the attractions of the Wessex Basin as an oil-bearing area, and adding to existing discoveries in the area at Kimmeridge, Arne, Wareham and Wytch Farm, and also at Stockbridge, Hampshire and Palmers Wood in Surrey. Taylor Woodrow made another gas discovery at Kirby Misperton in North Yorkshire in 1985 (Haarhoff et al. 2018). Further onshore exploration success came in 1985, with discoveries at Whisby in the East Midlands, and of heavy oil in the Carboniferous at Milton of Balgonie in the Midland Valley of Scotland. There was also an encouraging start to 1986 with finds at Rempstone, Kirklington and Kinoulton in the East Midlands. BP's Eakring Field in Nottinghamshire, discovered in 1939, produced more than 7 MMbbl, before it was abandoned in 1986 (Fig. 14). The Eakring No. 1 well, Nottinghamshire in June 1964, when it was still producing. In October 1987, a group headed by RTZ was awarded the very first new-style Development Licence to develop the Crosby Warren Field on the north side of the Humber estuary. With the discovery and subsequent development of North Sea oil, Britain became self-sufficient in oil from the early 1980s and a net exporter of oil in 1981. Exports peaked in 1985 and production peaked in 1999. With declining North Sea production, the UK became a net importer of oil in 2004. As a result of the discovery and subsequent development of vast gas reserves offshore, mainly in the North Sea and in Liverpool Bay (Bunce 2018), the UK became a net exporter of gas in 1997, but, as these reserves declined, the UK became a net importer of gas in 2004. Overall, domestic gas production in the UK (onshore and offshore combined) began to decline in 2000 and by the early years of the second decade of the twenty-first century it was declining at a rate of about 6% per year, resulting in the UK importing 45% of the gas needed to meet domestic demand via pipeline and liquefied natural gas (LNG). In contrast, exploration in Norway continued to spread from the early discoveries in the Norwegian North Sea to the Norwegian Sea (Jakobsson 2018), where exploration started in 1980, and the Norwegian Barents Sea (Jakobsson 2018), where the first exploration licences were also awarded in 1980, with continuing success. The development of the retail petrol industry in the UK followed a similar pattern of expansion followed by progressive contraction as oil exploration and production (Ritson et al. 2018). In 1939, there were approximately 37 000 service stations in the UK, a figure which grew to just over 41 000 in mid-1965, before the industry began a downwards trend, with about 26 500 stations in 1980, under 17 000 in 1995 and 8600 to the end of 2014. Sales of petrol in the UK peaked in 2007 and diesel sales peaked in 2011 (Energy Institute 2015). This decline of UK gas production and the consequent implications for Britain's national energy security focused attention on the possibility of developing domestic unconventional gas resources, primarily shale gas and coal-bed methane (Dean 2018), despite the significant impediments to developing such resources in a highly populated country. The decline in UK oil production throughout the early years of the twenty-first century as the fields in the North Sea became increasingly mature also led to renewed interest in the possibility of redeveloping some of the early fields, such as the Argyll Field (then re-named the Ardmore Field), in an attempt to produce additional previously untapped reserves (Gluyas et al. 2018). The successful exploitation of tight oil and tight gas resources in the USA, coupled with concerns about future energy security, also led to an increased focus on the potential for such ‘unconventional’ oil and gas resources in many European countries in the first decade of the twenty-first century. Poland, in particular, took a leading role in the evaluation of its potential shale-gas resources and, from 2007 onwards, the Polish government started to assign shale-gas exploration licences to both national and foreign companies in the hope of reducing Poland's dependence on Russian gas. Unfortunately, due to a combination of less than favourable geological, legislative and macroeconomic conditions, this early phase of shale-gas exploration in Poland was less successful than initially hoped (Cantoni 2018). Exploration for new sources of oil and gas in Europe continues, but is increasingly hampered by the maturity of many of the conventional oil and gas plays in onshore areas such as in Britain, France and Italy that already have a long history of exploitation since the mid-1800s, the increasing maturity of some offshore areas, notably the UK sector of the North Sea, that have been explored extensively since the early 1960s, and increasing public opposition to the perceived environmental impact of the oil and gas industry in general, and of the technologies required to produce new tight oil and tight gas resources in particular. The quest for oil and gas has generated geological insights and driven technological innovation since the beginning of the modern oil industry in the mid-nineteenth century. Oil and gas are natural resources, but their exploration and production are only partly controlled by the geology. Exploration is ignited by the demand for these resources, and is regulated by careful evaluations of the costs and likely revenues that will be generated. The rigorous application of petroleum geoscience reduces the risk inherent in oil and gas exploration and production, and so provides investors with improved financial returns. Europe and Europeans played a disproportionately large role in the development of the modern global oil and gas industry. From at least the Iron Age until the 1850s, the use of oil in Europe was limited, and the oil was obtained almost exclusively from surface seeps and mine workings. The use of oil increased in the 1860s with the introduction of new technologies in both production and refining, but, in the second half of the nineteenth century, the mineral oils and gas then produced primarily from shale and coal could no longer satisfy demand, and oil produced directly from conventional oil fields began to dominate the European market. The papers in this volume clearly show how the history of the European oil and gas industry has been controlled as much by political and economic conditions as it has by geology, and the historical insights they provide have important implications for current petroleum resource evaluations. In 1902, the State Geologist of Western Australia, Andrew Gibb Maitland, received a letter from a man interested in entering the oil business who wrote: ‘Sir, may I ask if you would kindly tell me something of the geology of petroleum and the best means of prospecting for it?’. Maitland answered that the knowledge on the topic was so vast that a library would not have enough space to contain it (Gerali & Gregory 2017b). Today, the same question would illicit an answer, not in terms of library shelves and stacks, but in terms of thousands of terabytes of petroleum geoscience data, and in the knowledge and expertise of thousands of petroleum geoscientists. The discovery of the huge oil and gas resources beneath the North Sea in the 1960s and 1970s enabled Britain, Norway, Denmark and The Netherlands to be largely self-sufficient in oil and gas from the late 1970s until production began to decline rapidly in the early 2000s. Oil and gas production in most European countries is now at an historical low, but exploration for new sources of both conventional and unconventional oil and gas in Europe continues, although increasingly hampered by the maturity of many of the conventional oil and gas plays. Despite the decline in domestic oil and gas production in Europe – or, perhaps, because of it – European companies and European citizens continue to play a major role in the oil and gas industry worldwide. Jonathan Craig thanks the management of Eni Upstream & Technical Services in Milan for permission to publish this paper and Massimo Pedini of the Eni Graphics Department for drafting some of the figures. Al-Ani S. 2015. The Allies find Achilles’ heel of the axis. The Petro-Philatelist, 36, 5–6. Anglo-Iranian Oil Company Ltd 1947. Petroleum in England. Anglo-Iranian Oil Company Ltd, London. Anon 1937. Searching for oil in Great Britain – how a rotary drill works. The Meccano Magazine, 22 (November), 647. Bardini C. 1998. Senza carbone dell'età del vapore: gli inizi dell'industrializzazione italiana. Bruno Mondadori, Milano, Italy. Beaton K. 1959. The high cost of whale oil – and what it led to. World Petroleum reprinted in Oilfield Journal, 4, 10–21. Beeby-Thompson A. 1904. Oil Fields of Russia. Crosby, Lookwood & Son, London. Beltran A. & Carré P. 2016. La vie électrique. Histoire et imaginaire XVIII-XXIè siècle. Editions Belin, Paris. Benadová P. 2016. History of oil industry in Czech-Slovak region. Abstracts presented at the Geological Society Conference on European Oil & Gas Industry History, 3–4 March 2016, Burlington House, London, 36–39. Bonariva A. 1869. Memorie per la Coltivazione dei Petrolej nelle Province Parmensi. Seconda Edizione Riveduta e Corretta Aggiuntavi con una Indicazione di Varie Località delle Provincie Stesse nelle Quali si Riscontrano Proprie Specie Minerali. Tipografia G. Ferrari e figli, Parma, Italy. Brentnall I. 1995. Britain's first mainland oil well at Tibshelf/Hardstoft. Ashfield Historian, 3, August. Camden W. 1586. Britannia or a Chorographical Description of Great Britain and Ireland. 1st edn. Printed by Mary Matthews, London. Candela A. 2014. ‘Dante Pantanelli’. Dizionario Biografico degli Italiani, 81, Roma, Treccani. Carruthers R.G., Caldwell W., Bailey E.M. & Conacher J.R.H. 1927. The History of the Scottish Oil-Shale Industry. The Oil-Shales of the Lothians. 3rd edn. Memoirs of the Geological Survey, Scotland. HMSO, Edinburgh. Conacher H.R.J. 1928. The Oil Shales of the Lothians. Memoirs of the Geological Survey, Scotland. HMSO, London. Conacher H.R.J. 1938a. Dr. James young – a brief biography. In: Crookshank H.F.C. (ed.) Oil Shale and Cannel Coal: Proceedings of a Conference Held in Scotland, June 1938. Institute of Petroleum, London, 1–5. Conacher H.R.J. 1938b. The mineral-oil industry in Scotland, its raw materials and methods. In: Crookshank H.F.C. (ed.) Oil Shale and Cannel Coal: Proceedings of a Conference Held in Scotland, June 1938. Institute of Petroleum, London, 300–313. Craig J., Gluyas J., Laing C. & Schofield P. 2013. Hardstoft – Britain's first oil field. Oil-Industry History, 14, 97–116. Day A.H. 1946. Continuing search for oil in Britain. World Petroleum, XVII, (September), 47–48. Desio A. 1941. ‘Cesare Porro’. Bollettino della Società Geologica Italiana, 40, 46–56. Dewey D.R. 1946. Wartime Research on Synthetic Fuels: Kaiser Wilhelm Institute fur Kohlnforschung. Department of Commerce, Washington, DC. Ele M. 1697. An account of the making pitch, tar, and oil out of a blackish stone in Shropshire. Philosophical Transactions, 19, 544. Energy Institute 2015. Retail Marketing Survey – Supplement to Petroleum Review. Energy Institute, London. Fairman J. 1868. A Treatise on the Petroleum Zones of Italy. E. & F.N. Spon, London. Forbes J. 1959. More Studies in Early Petroleum History. E.J. Brill, Leiden, The Netherlands. Forbes R.J. 1958. Studies in Early Petroleum History. E.J. Brill, Leiden, The Netherlands. Forbes-Leslie W. 1917. The Norfolk oil shales. Journal of the Institute of Petroleum Technology, 3, 3–35. Fowler T.B. 1940. The paraffin and petroleum industries pioneer work of Mr. James Young. Journal of the Society of Chemical Industry, 59, 70–72. Gallois R.W. 2012. The Norfolk oil-shale rush, 1916–21. Proceedings of the Geologists’ Association, 123, 64–73. Gerali F. 2012. Scientific maturation and production modernization. Notes on the Italian oil industry in the 20th century. Oil-Industry History, 12, 89–109. Giffard H.P.W. 1923. The recent search for oil in Great Britain. Transactions of the Institute of Mining Engineers, LXV, 222–250. Gisler M. 2014. Die ‘Swiss Gang’. Schweizer Pioniere der Erdölforschung. Verein für Wirtschaftshistorische Studien, Zurich, Switzerland. Gluyas J. & Bowman M. 1997. Edale No. 1 oilwell, Derbyshire, UK, 1938. Marine & Petroleum Geology, 14, 191–199. Halbouty M.T. (ed.) 2003. Giant Oil and Gas Fields of the Decade 1990–99. AAPG Memoirs, 78. Henry J.D. 1905. Baku: An Eventful History. A. Constable & Co., Ltd., London. Heritier F. 1994. A history of petroleum exploration in France. In: Mascle A. (ed.) Hydrocarbon and Petroleum Geology of France. European Association of Petroleum Geoscientists (EAGE), Special Publications, 4, 29–45. Huguenet I. & Frojo G. 1856. Asfalto. Considerazioni Generali sull'Origine e Formazione degli Asfalti e del Loro Uso come Cemento Naturale Applicati ai Lavori di Utilità Pubblica e Privata Arricchita di Note ed Accresciute di un Appendice sugli Asfalti del Regno di Napoli. Stabilimeto tipografico di Vincenzo Priggiobba, Napoli, Italy. Jevons W.S. 1865. The Coal Questions: An Inquiry Concerning Progress of the Nation, and the Probable Exhaustion of Our Coal-Mines. Macmillan, Basingstoke, UK. Krzywiec P. 2016. Birth of the oil industry in the northern Carpathians. Abstracts presented at the Geological Society Conference on European Oil & Gas Industry History, 3–4 March 2016, Burlington House, London, 32–33. Longhurst H. 1959. Adventure in Oil: The Story of British Petroleum. Sidgwick and Jackson, London. Moody R. (compiler) 2007. The History of On-Shore Hydrocarbon Use in the UK (From Oil Shales and Seeps to ‘Shaleopolis’ and Roughnecks!). Abstracts. Petroleum Exploration Society of Great Britain Newsletter. Morton M.Q. 2014. ‘What oilfields?’ – onshore oil in the UK. GEOExPro, 11, 70–74. Novelli L. & Sella M. 2009. Il Petrolio: Una Storia Antica. Silvana Editoriale, Cinisello Balsamo, Italy. Pearton M. 1971. Oil and the Romanian State. Clarendon Press, Oxford. Pizanty M. 1947. Consideratiuni Preliminare Asupra Sondajelor de Explorare Efectuate in România in Perioada 1900–47. Monitorul Petrolului Român, Bucarest. Plot R. 1684. A discourse concerning the sepulchral lamps of the ancients, shewing the possibility of their made divers waies. Philosophical Transactions, 14, 806–811. Pozzi D. 2009. Dai gatti selvaggi al cane a sei zampe: tecnologia, conoscenza e organizzazione nell'Agip e nell'Eni di Enrico Mattei. Marsilio, Venezia. Rinehart I. 1930. 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Wigley P. 2015. Déjà vu: weald exploration a familiar tale. AAPG Explorer, 36 (August), 38–39. Willet H. 1875. Quarterley Reports of the Subwealden Exploration Company Ltd. Smith, Brighton, UK. Yanarella E.J. & Green W.C. 1987. The Unfulfilled Promise of Synthetic Fuels: Technological Failure, Policy Immobilism, or Commercial Illusion. Contributions in Political Science, No. 179. Greenwood Press, Westport, CT.

2019-04-23T08:17:49Z

https://sp.lyellcollection.org/content/465/1/1.1

To amend sections 2101.01, 2101.11, 2151.86, 3107.012, 3107.12, and 3107.14; to enact section 3107.141 of the Revised Code; and to amend Section 67.05 of Am. Sub. H.B. 215 of the 122nd General Assembly to revise the law regarding adoption assessors, prefinalization assessments, and rehabilitation standards a person with a criminal background must meet to become an adoptive or foster parent, and the Department of Human Services' contracting with a vendor to develop a statewide automated child welfare information system. Sec. 2101.01. A probate division of the court of common pleas shall be held at the county seat in each county in an office furnished by the board of county commissioners, in which the books, records, and papers pertaining to the probate division shall be deposited and safely kept by the probate judge. The board shall provide suitable cases or other necessary items for the safekeeping and preservation of the books, records, and papers of the court and shall furnish any blankbooks, blanks, and stationery, and any machines, equipment, and materials for the keeping or examining of records, that the probate judge requires in the discharge of official duties. The board also shall authorize expenditures for accountants, financial consultants, and other agents required for auditing or financial consulting by the probate division whenever the probate judge considers these services and expenditures necessary for the efficient performance of the division's duties. The probate judge shall employ and supervise all clerks, deputies, magistrates, and other employees of the probate division. The probate judge shall supervise all probate court investigators and assessors in the performance of their duties as investigators and assessors and shall employ, appoint, or designate all probate court investigators and assessors in the manner described in division divisions (A)(2) and (3) of section 2101.11 of the Revised Code. As used in the Revised Code, "probate court" means the probate division of the court of common pleas, and "probate judge" means the judge of the court of common pleas who is judge of the probate division. All pleadings, forms, journals, and other records filed or used in the probate division shall be entitled "In the Court of Common Pleas, Probate Division," but are not defective if entitled "In the Probate Court." Sec. 2101.11. (A)(1) The probate judge shall have the care and custody of the files, papers, books, and records belonging to the probate court. He The probate judge is authorized to perform the duties of clerk of his own the judge's court. He The probate judge may appoint deputy clerks, stenographers, a bailiff, and any other necessary employees, each of whom shall take an oath of office before entering upon the duties of his the employee's appointment and, when so qualified, may perform the duties appertaining to the office of clerk of the court. (iii) By entering into an agreement with another department or agency of the county, including, but not limited to, the sheriff's department or the county department of human services, pursuant to which an employee of the other department or agency will serve and perform the duties of investigator for the court, upon request of the probate judge, and designating that employee as a probate court investigator during the times when the person is performing the duties of an investigator for the court. (b) Each person appointed or otherwise designated as a probate court investigator shall take an oath of office before entering upon the duties of his the person's appointment. When so qualified, an investigator may perform the duties that are established for a probate court investigator by the Revised Code or the probate judge. (c) Except as otherwise provided in this division, a probate court investigator shall hold at least a bachelor's degree in social work, psychology, education, special education, or a related human services field. A probate judge may waive the education requirement of this division for a person the judge appoints or otherwise designates as a probate court investigator if the judge determines that the person has experience in human services work that is equivalent to the required education. (d) Within one year after his appointment or designation, a probate court investigator shall attend an orientation course of at least six hours, and each calendar year after the calendar year of his appointment or designation, a probate court investigator shall satisfactorily complete at least six hours of continuing education. (e) For purposes of divisions (A)(3)(4), (B), and (C) of this section, a person designated as a probate court investigator under division (A)(2)(a)(ii) or (iii) of this section shall be considered an appointee of the probate court at any time that the person is performing the duties established under the Revised Code or by the probate judge for a probate court investigator. (ii) By contracting with a person to serve and be compensated as assessor only when needed by the probate court, as determined by the court, and by designating that person as an assessor during the times when the person is performing the duties of an assessor for the court. (b) Each person appointed or designated as a probate court assessor shall take an oath of office before entering on the duties of the person's appointment. (c) A probate court assessor must meet the qualifications for an assessor established by section 3107.012 of the Revised Code. (d) A probate court assessor shall perform additional duties, including duties of an investigator under division (A)(2) of this section, when the probate judge assigns additional duties to the assessor. (e) For purposes of divisions (A)(4), (B), and (C) of this section, a person designated as a probate court assessor shall be considered an appointee of the probate court at any time that the person is performing assessor duties. (4) Each appointee of the probate judge may administer oaths in all cases when necessary, in the discharge of his official duties. (B)(1)(a) Subject to the appropriation made by the board of county commissioners pursuant to this division, each appointee of a probate judge under division (A) of this section shall receive such compensation and expenses as the judge determines and shall serve during the pleasure of the judge. The compensation of each appointee shall be paid in semimonthly installments by the county treasurer from the county treasury, upon the warrants of the county auditor, certified to by the judge. (b) Except as otherwise provided in the Revised Code, the total compensation paid to all appointees of the probate judge in any calendar year shall not exceed the total fees earned by the probate court during the preceding calendar year, unless the board of county commissioners approves otherwise. (2) The probate judge annually shall submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the court, including the salaries of appointees as determined by the judge and any other costs, fees, and expenses, including, but not limited to, those enumerated in section 5123.96 of the Revised Code, that the judge considers reasonably necessary for the operation of the court. The board shall conduct a public hearing with respect to the written request submitted by the judge and shall appropriate such sum of money each year as it determines, after conducting the public hearing and considering the written request of the judge, is reasonably necessary to meet all the administrative expenses of the court, including the salaries of appointees as determined by the judge and any other costs, fees, and expenses, including, but not limited to, the costs, fees, and expenses enumerated in section 5123.96 of the Revised Code. If the judge considers the appropriation made by the board pursuant to this division insufficient to meet all the administrative expenses of the court, he the judge shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the probate judge over all cases pending on its docket. The burden shall be on the probate judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises his the judge's contempt power in order to obtain the sum of money in dispute, he the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code. (C) The probate judge may require any of his the judge's appointees to give bond in the sum of not less than one thousand dollars, conditioned for the honest and faithful performance of his the appointee's duties. The sureties on the bonds shall be approved in the manner provided in section 2101.03 of the Revised Code. The judge is personally liable for the default, malfeasance, or nonfeasance of any such appointee, but, if a bond is required of the appointee, the liability of the judge is limited to the amount by which the loss resulting from the default, malfeasance, or nonfeasance exceeds the amount of the bond. All bonds required to be given in the probate court, on being accepted and approved by the probate judge, shall be filed in his the judge's office. Sec. 2151.86. (A)(1) The appointing or hiring officer of any entity that employs any person responsible for a child's care in out-of-home care shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the entity for employment as a person responsible for a child's care in out-of-home care. The administrative director of any entity that designates a person as a prospective adoptive parent or as a prospective foster parent shall request the superintendent to conduct a criminal records check with respect to that person. If the applicant, prospective adoptive parent, or prospective foster parent does not present proof that the applicant or prospective adoptive or foster parent has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant or prospective adoptive or foster parent from the federal bureau of investigation in a criminal records check, the appointing or hiring officer or administrative director shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check. If the applicant, prospective adoptive parent, or prospective foster parent presents proof that the applicant or prospective adoptive or foster parent has been a resident of this state for that five-year period, the appointing or hiring officer or administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check. (2) Any person required by division (A)(1) of this section to request a criminal records check shall provide to each applicant, prospective adoptive parent, or prospective foster parent a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, prospective adoptive parent, or prospective foster parent, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section. (3) Any applicant, prospective adoptive parent, or prospective foster parent who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the applicant's or prospective adoptive or foster parent's fingerprints. If an applicant, prospective adoptive parent, or prospective foster parent, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's or prospective adoptive or foster parent's fingerprints, the entity shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section and shall not consider the prospective adoptive parent or prospective foster parent as an adoptive parent or foster parent. (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses described in division (B)(1)(a) of this section. (2) An out-of-home care entity may employ an applicant conditionally until the criminal records check required by this section is completed and the entity receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the entity shall release the applicant from employment. (C)(1) The out-of-home care entity shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon a request pursuant to division (A)(1) of this section. (2) An out-of-home care entity may charge an applicant, prospective adoptive parent, or prospective foster parent a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the entity pays under division (C)(1) of this section. If a fee is charged under this division, the entity shall notify the applicant, prospective adoptive parent, or prospective foster parent at the time of the person's initial application for employment or for becoming an adoptive parent or foster parent of the amount of the fee and that, unless the fee is paid, the entity will not consider the person for employment or as an adoptive parent or foster parent. (D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant, prospective adoptive parent, or prospective foster parent who is the subject of the criminal records check or the applicant's or prospective adoptive or foster parent's representative; the entity requesting the criminal records check or its representative; the state department of human services or a county department of human services; and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant or the denial of consideration as an adoptive parent or foster parent. (E) The department of human services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including. The rules specifying circumstances under which an out-of-home care entity may hire shall include rehabilitation standards a person who has been convicted of or pleaded guilty to an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the department must meet for an entity to employ the person as a person responsible for a child's care in out-of-home care or permit the person to become an adoptive parent or foster parent. (F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment with an entity as a person responsible for a child's care in out-of-home care or the person's initial application for becoming an adoptive parent or foster parent, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position or if the person is to be given final consideration as an adoptive parent or foster parent. (1) "Applicant" means a person who is under final consideration for appointment or employment as a person responsible for a child's care in out-of-home care. (2) "Person responsible for a child's care in out-of-home care" has the same meaning as in section 2151.011 of the Revised Code, except that it does not include a prospective employee of the department of youth services or a person responsible for a child's care in a hospital or medical clinic other than a children's hospital. (c) A distinct portion of a hospital, if the hospital is registered under section 3701.07 of the Revised Code as a children's hospital and the children's hospital meets all the requirements of division (G)(3)(a) of this section. (4) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. (5) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (d) A civil service employee engaging in social work without a license under Chapter 4757. of the Revised Code, as permitted by division (E)(A)(5) of section 4757.16 4757.41 of the Revised Code. (3) The individual must complete education programs in accordance with rules adopted under section 3107.013 of the Revised Code. (B) An individual employed in the employ of, appointed by, or under contract with a court prior to the effective date of this section September 18, 1996, to conduct home studies adoption investigations of prospective adoptive parents may conduct home studies perform the duties of an assessor under section sections 3107.031, 3107.082, 3107.09, 3107.12, and 5103.152 of the Revised Code if the individual complies with division (A)(3) of this section regardless of whether the individual meets the requirement of division (A)(2) of this section. Sec. 3107.12. An (A) Except as provided in division (B) of this section, an assessor shall conduct a prefinalization assessment of a minor and petitioner before a court issues a final decree of adoption or finalizes an interlocutory order of adoption for the minor. On completion of the assessment, the assessor shall prepare a written report of the assessment and provide a copy of the report to the court before which the adoption petition is pending. (B)(2) The present and anticipated needs of the minor and the petitioner, as determined by a review of the minor's medical and social history, for adoption-related services, including assistance under Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of the Revised Code and counseling, case management services, crisis services, diagnostic services, and therapeutic counseling. (G)(7) If the minor is an Indian child, as defined in 25 U.S.C.A. 1903(4), how the placement complies with the "Indian Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as amended. (C) The department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code defining "counseling," "case management services," "crisis services," "diagnostic services," and "therapeutic counseling" for the purpose of this section. (C) If, at the conclusion of the hearing, the court finds that the required consents have been obtained or excused and that the adoption is in the best interest of the person sought to be adopted as supported by the evidence, it may issue, subject to division (B)(1) of section 2151.86, section 3107.064, and division (E) of section 3107.09 of the Revised Code, and any other limitations specified in this chapter, a final decree of adoption or an interlocutory order of adoption, which by its own terms automatically becomes a final decree of adoption on a date specified in the order, which, except as provided in division (B) of section 3107.13 of the Revised Code, shall not be less than six months or more than one year from the date of issuance of the order, unless sooner vacated by the court for good cause shown. In determining whether the adoption is in the best interest of the person sought to be adopted, the court shall not consider the age of the petitioner if the petitioner is old enough to adopt as provided by section 3107.03 of the Revised Code. SECTION 2 . That existing sections 2101.01, 2101.11, 2151.86, 3107.012, 3107.12, and 3107.14 of the Revised Code are hereby repealed. SECTION 3 . Section 2151.86 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act. The Ohio Department of Human Services shall transfer through intrastate transfer vouchers, cash from State Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and Community-Based Services, in the Ohio Department of Mental Retardation and Developmental Disabilities. The sum of the transfers shall be equal to the amounts appropriated per fiscal year in line item 322-604, Waiver - Match. The transfer may occur on a quarterly basis or on a schedule developed and agreed to by both Departments. The Ohio Department of Human Services shall transfer, through intrastate transfer voucners vouchers, cash from the State Special Revenue Fund 4J5, Home and Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum of the transfers shall be equal to the amount appropriated per fiscal year in line item 490-610, PASSPORT/Residential State Supplement. The transfer may occur on a quarterly basis or on a schedule developed and agreed to by both departments. Of the foregoing appropriation item 400-527, Child Protective Services, not more than $1,400,000 in fiscal year 1998 and not more than $1,400,000 in fiscal year 1999, may be used to reimburse counties for child day care services purchased in behalf of children in foster care. Such funds may be used as matching funds for federal funds that may be available for this purpose. The Department of Human Services shall adopt rules, in accordance with section 111.15 of the Revised Code, establishing reimbursement procedures and conditions to be followed by counties. The Director of Budget and Management shall transfer $1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block Grant, within the Department of Human Services' budget. On behalf of public children services agencies and in consultation with the Department of Insurance and the Office of State Purchasing, the Department of Human Services may seek and accept proposals for a uniform and statewide insurance policy to indemnify foster parents for personal injury and property damage suffered by them due to the care of a foster child. Premiums for such a policy shall be the sole responsibility of each public children services agency that agrees to purchase the insurance policy. Notwithstanding the formula in section 5101.14 of the Revised Code, from the foregoing appropriation item 400-527, Child Protective Services, the Department of Human Services may use no more than $2 million in fiscal year 1999 as incentive funding for public children services agencies to promote innovative practice standards and efficiencies in service delivery. The department shall develop a process for the release of these funds and may adopt rules in accordance with section 111.15 of the Revised Code governing the distribution, release, and use of these funds. The Department of Human Services and the county departments of human services shall work to develop collaborative efforts between Head Start and child care providers. The Department of Human Services may use the foregoing appropriation items 400-413, Day Care Match/Maintenance of Effort, and 400-617, Day Care Federal, to support collaborative efforts between Head Start and child day care centers. The Department of Human Services shall use not less than $5,000,000 in fiscal year 1998 and not less than $5,000,000 in fiscal year 1999 of the Child Care Development Block Grant moneys to support low-income families who need assistance in the provision of before-school and after-school care for their children. The Department of Human Services shall establish rules determining eligibility for these dollars adopted in accordance with section 111.15 of the Revised Code. When the Department of Human Services adopts rules establishing a procedure for determining the rates of maximum reimbursement for publicly funded child care, the department shall adopt an enhanced rate to encourage the development of child care for parent(s) who work nontraditional hours. From staffing levels that existed on January 1, 1997, the Department of Human Services is required to reduce its full-time equivalent positions by 150 by July 1, 1999. At least thirty-nine positions must be eliminated by January 1, 1998. The remaining positions must be eliminated by July 1, 1999. (A) From the foregoing appropriation item 400-416, Computer Projects, the Department of Human Services shall expend at least $6,000,000 in fiscal year 1998 and at least $6,000,000 in fiscal year 1999 to implement a statewide automated child welfare information system (SACWIS) to be used by the 88 county public children service agencies. (3) The vendor must be able to have the SACWIS operational in all 88 public children services agencies by June 30, 1999. (4)(2) Provide for the maintenance and general upkeep of the system SACWIS. (C) The system shall be designed to successfully interface with the Support Enforcement Tracking System (SETS) and the Client Registry and Information System-Enhanced (CRIS-E). Of the foregoing appropriation item 400-528, Title IV-E and State Adoption Services, not more than $3,700,000 in fiscal year 1998 and not more than $3,700,000 in fiscal year 1999 shall be used in support of post finalization adoption services offered pursuant to section 5153.163 of the Revised Code. The Department of Human Services shall adopt rules and procedures pursuant to section 111.15 of the Revised Code to set payment levels and limit eligibility for post finalization adoption services as necessary to limit program expenditures to the amounts set forth in this section, based on factors, including but not limited to, any or all of the following: type, or extent, of the adopted child's disability or special need; and resources available to the adoptive family to meet the child's service needs. Of the foregoing appropriation item 400-620, Social Services Block Grant, no less than $15,000,000 in fiscal year 1998 and $15,000,000 in fiscal year 1999 shall be used for child day care services. The remainder of the SSBG funding may be used to provide social services as authorized in section 5101.465 of the Revised Code, including adult day care. The foregoing appropriation item 400-658, Child Support Collections, shall be used by the Department of Human Services to meet the TANF Maintenance of Effort requirements of Pub. L. No. 104-193. After the state has met the maintenance of effort requirement, the Department of Human Services may use funds from line item 400-658 to support public assistance activities. Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-410, TANF State, to appropriations for fiscal year 1999 so that the state of Ohio will be able to meet the Maintenance of Effort requirements for the Temporary Assistance for Needy Families Block. Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-413, Day Care/Maintenance of Effort, to appropriations for fiscal year 1999 so that the state of Ohio will be able to meet the Maintenance of Effort requirements for the Child Care Development Block Grant. Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from individual county consolidations from appropriation item 400-527, Child Protective Services, to appropriations for fiscal year 1999 so that the counties may meet the obligations for services funded through that line item. Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from the Post Finalization Special Adoption Services portion of appropriation item 400-528, Adoption Services, to appropriations for fiscal year 1999 so that counties may meet the obligations for services funded through that portion of the line item. Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-409, Wellness Block Grant, to appropriations for fiscal year 1999 so that the counties may meet the obligations for services funded through that line. The foregoing appropriation item 400-615, Private Child Care Agencies Training, shall be used by the Department of Human Services to provide the state match for federal Title IV-E training dollars for private child placing agencies and private noncustodial agencies. Revenues shall consist of moneys derived from fees established under section 5101.112 of the Revised Code and paid by private child placing agencies and private noncustodial agencies. Of the foregoing appropriation item 400-610, Food Stamps and State Administration, $1.5 million in fiscal year 1998 and $1.5 million in fiscal year 1999 shall be used by the Department of Human Services to purchase commodities and distribute those commodities to supplement the emergency food distribution programs. Agencies receiving commodities under this program shall provide reports in accordance with rules developed by the Department of Human Services. Of the foregoing appropriation item 400-525, Health Care/Medicaid, $77,790 (state share only) in fiscal year 1998, and $111,477 (state share only) in fiscal year 1999 shall be used to transfer funds from the General Revenue Fund to the General Operations Fund (Fund 142) of the Department of Health. Transfer of the funds shall be made through intrastate transfer vouchers pursuant to an interagency agreement for the purpose of performing environmental lead assessments in the homes of Medicaid Healthcheck recipients. The Director of Budget and Management may transfer cash from the Disproportionate Share Fund (3P8) in the Department of Human Services to the OhioCare Fund (4X5) in the Department of Mental Health, the Behavioral Health Medicaid Services Fund (4X4) in the Department of Alcohol and Drug Addiction Services, and the Medicaid Program Support Fund - State (5C9) in the Department of Human Services and shall transfer cash in the amount of $14,800,000 to the Health Services Fund (5E1) in the Department of Health. Based on an interagency agreement, the Department of Human Services may delegate authority to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health to administer specified Medicaid services. Monthly reimbursement shall be made by intrastate transfer voucher from the Department of Human Services' appropriation items 400-525, Health Care/Medicaid, and 400-655, Interagency Reimbursement, to the Department of Drug and Alcohol Addiction Services' Behavioral Health Medicaid Services Fund (4X4) and the Department of Mental Health's OhioCare Fund (4X5). The Department of Human Services' Medicaid Program Support Fund-State (5C9) is hereby created in the state treasury. The Fund shall be used to receive earned federal reimbursement generated by the Institutions for Mental Diseases/Disproportionate Share Hospital Program. The foregoing appropriation item 400-671, Medicaid Program Support, may be used for the following purposes: to pay for Medicaid services to eligible children under age nineteen, whose family income does not exceed 150 per cent of the federal poverty level; to pay for a new Medicaid home and community-based waiver program for non-aged persons with chronic, long-term disabilities; and, to make residual payments associated with the specified Medicaid services transferred to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health. The foregoing appropriation item 400-672, Medicaid Services, may be used by the Department of Human Services to pay for Medicaid services or to transfer moneys by intrastate transfer voucher to the Department of Mental Health's OhioCare Fund (4X5) in accordance with an interagency agreement which delegates authority from the Department of Human Services to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health to administer specified Medicaid services. The Department of Human Services' Medicaid Program Support Fund-Federal (3P7) is hereby created in the state treasury. The foregoing appropriation item 400-668, Medicaid Program Support, may be used to pay for Medicaid services to eligible children under age nineteen, whose family income does not exceed 150 per cent of the federal poverty level; and for a new Medicaid home and community-based waiver program for non-aged persons with chronic, long-term disabilities. Funds also may be used for residual payments associated with the specified Medicaid services transferred to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health. The foregoing appropriation item 400-672, Medicaid Services, may be used by the Department of Human Services to pay for Medicaid services and contracts. The name of the Department of Human Services' OhioCare Start-up Fund (3P7) is hereby changed to the Medicaid Program Support Fund-Federal. The Director of Human Services may contract with one or more organizations to develop and/or implement Medicaid Managed Care Pilot Programs in rural sections of Ohio. The Medicaid Managed Care Reimbursement Study Committee shall meet by August 1, 1997, to begin reviewing the appropriateness of the negotiated Medicaid reimbursement rates paid to managed care organizations for services provided to Medicaid recipients in fiscal year 1998. By November 1, 1997, the Committee must report its findings and/or recommendations concerning the fiscal year 1998 rates to the Governor, the Speaker of the House of Representatives, and the President of the Senate. In preparing the budget for medical assistance for state fiscal years 2000 and 2001, as it pertains to services provided to individuals with mental retardation and developmental disabilities, the Office of Budget and Management and the Department of Human Services shall review the results of any study regarding the use of a managed care system that is prepared and submitted to it by the Hattie Larlham Foundation, the Ohio Department of Mental Retardation and Developmental Disabilities Action Committee, the Ohio Private Residential Association, the Ohio Coalition for Services to Persons with Mental Retardation and Developmental Disabilities, or any other entity. The Department of Human Services shall certify the cash balance of Fund 4A6 to the Director of Budget and Management who shall transfer the remaining unexpended, unobligated balance in Fund 4A6 to the General Revenue Fund. The foregoing appropriation items 400-643 and 400-644, Holding Account Redistribution Fund Group, shall be used to hold revenues until they are directed to the appropriate accounts or until they are refunded. If it is determined that additional appropriation authority is necessary, such amounts are hereby appropriated. The foregoing appropriation items 400-646, 400-601, and 400-642, Agency Fund Group, shall be used to hold revenues until they are directed to the appropriate accounts or until they are directed to the appropriate governmental agency other than the Department of Human Services. If it is determined that additional appropriation authority is necessary, such amounts are hereby appropriated. The foregoing appropriation items that appear in the Department of Human Services' State Special Revenue Fund Group shall be used to collect revenue from various sources and use the revenue to support programs administered by the Department of Human Services. If it is determined that additional appropriations are necessary, the department shall notify the Director of Budget and Management on forms prescribed by the Controlling Board. If the director agrees that the additional appropriation is necessary in order to perform the functions allowable in the appropriation item then such amounts are hereby appropriated. The Director of Budget and Management shall notify the Controlling Board at their next regularly scheduled meeting as to the action taken." SECTION 5 . That existing section 67.05 of Am. Sub. H.B. 215 of the 122nd General Assembly is hereby repealed.

2019-04-19T08:46:52Z

http://archives.legislature.state.oh.us/bills.cfm?ID=122_HB_446

Urgent Engagement is the process of engaging people into care who have experienced a crisis or have been admitted to an inpatient facility. It is intended to engage persons into care, rather than fulfilling an administrative function. The process includes ensuring effective coordination of care, engagement, discharge planning, a Serious Mental Illness (SMI) screening when appropriate (reference Provider Manual section 3.6), screening for eligibility, referral as appropriate, and prevention of future crises. Once the Behavioral Health Home completes the urgent engagement process, the Behavioral Health Home is the entity that is responsible for coordination of necessary service and discharge planning. Urgent Engagements are required to be started within one hour (at a Community Observation Center) or 24 hours (at a Behavioral Health Inpatient Facility). Behavioral Health Homes must accept referrals and requests for Urgent Engagements 24 hours a day and seven days a week. Providers are required to record, report and track completion of Urgent Engagements. If the member is enrolled with private insurance, the Behavioral Health Home role is to coordinate care with the current provider and health plan, determine the need for an SMI evaluation, and work directly with the health plan to ensure the member is receiving needed services and follow up. For persons who are not yet enrolled in Medicaid, Block Grant programs or the Marketplace, Behavioral Health Homes are required to continue to pursue coverage for the person. AzCH-CCP enrolled and State Only (N19/NSMI) inidviduals who receives services at a Community Observation Unit and identifies as not engaged with a BH provider must be referred for urgent engagement. The Behavioral Health Home must arrive within one hour of the request. Once a Behavioral Health Home makes contact with the member, they are responsible for discharge planning for that member, including transportation and a follow up appointment. The urgent engagement at a COU should be an abbreviated intake in order to quickly gather the information needed. The engagement process can be completed in a follow up appointment (preferably within the next 24-48 hours). Every AzCH-CCP enrolled or State Only individual who lives in The Health Plan covered service area and is hospitalized at a Behavioral Health Inpatient Facility and is not in active care with a Behavioral Health Home, is eligible for an urgent engagement. The selected Behavioral Health Home has 24-hours to arrive at the facility and complete the Urgent Engagement assessment. In the event the individual is sleeping or otherwise unable to participate in the Urgent Engagement process, the Behavioral Health Home shall reschedule the Urgent Engagement assessment within 24-hours and inform The Health Plan of the status. The Health Home shall transmit the Provider Manual Form Urgent Response Disposition form to AzCHDISPO@azcompletehealth.com within 24-hours of completing assessment. Provider Manual Form 6.1.1 Urgent Response Disposition can be obtained by calling the Provider Services Call Center at 866-796-0542. Every AzCH-CCP enrolled or State Only individual who lives in The Health Plan covered service area and is hospitalized at a Physical Health Inpatient Facility and is not in active care with a Behavioral Health Home, is eligible for an urgent engagement assessment. Behavioral Health Homes are required to arrive at the facility and complete the urgent engagement assessment within 24 hours of the request. In the event the individual is sleeping or otherwise unable to participate in the urgent engagement process, the Behavioral Health Home shall reschedule the urgent engagement assessment within 24-hours and inform The Health Plan of the status. Every AzCH-CCP enrolled or State Only individual who lives in a The Health Plan covered service area and is hospitalized at a Behavioral Health Inpatient Facility for psychiatric reasons, and is not in active care with a Behavioral Health Home, and presents with a need for an SMI evaluation is eligible to be assessed for an SMI diagnosis. The Behavioral Health Home shall complete the Urgent Engagement assessment with 24-hours and transmit the Provider Manual Form 6.1.1 Urgent Response Disposition form to AzCHDISPO@azcompletehealth.com within 24-hours of completing assessment. The Behavioral Health Home shall submit the SMI evaluation packet within seven days of the Urgent Engagement assessment to the designated SMI Evaluation provider, Community Response Network (CRN). The purpose of the SMI evaluation services for persons from The Health Plan geographic area admitted to ASH are for discharge planning. The Behavioral Health Home has seven calendar days to complete the assessment and submit the Provider Manual Form 6.1.1 Urgent Response Disposition form to AzCHDISPO@azcompletehealth.com within 24-hours. Behavioral Health Homes activated by the Urgent Engagement process are required to enroll members and non-eligible members refusing services during the COE process. Once the member is Court Ordered, the Behavioral Health Home is required to proceed with engagement and service delivery; including, an SMI screening. Behavioral Health Homes must maintain capacity to travel to locations within Arizona to complete Urgent Engagements. Behavioral Health Homes must verify Urgent Engagement staff have access to a laptop, mobile printer and wireless web connectivity to allow access to electronic medical information in the field. The computer and wireless specifications meet or exceed The Health Plan requirements. Health Plan contracted Behavioral Health Homes must complete a rapid response assessment within 72 hours of Health Plan activation for all children who are taken into the custody of DCS, regardless of Title XIX/XXI eligibility status. Ensure that each child and family is referred for ongoing behavioral health services as indicated by the assessment and service plan and ensure that services start within 21 days of the Rapid Response Assessment. Provide the DCS Specialist with written findings and recommendations for medically necessary covered services within 24 hours of Rapid Response assessment. This information shall be utilized during the initial Preliminary Protective Hearing, which occurs within 5 to 7 days of the child’s removal. (See Provider Manual Attachment 3.2.1, DCS Child Welfare Timelines and Provider Manual Attachment 6.1.1 Rapid Response Guidance Manual which can be obtained by calling the Provider Services Call Center at 866-796-0542 for more information. Additionally, Behavioral Health Homes are expected to engage the family from which the child was removed within 5 days of the Rapid Response in order to engage them in the assessment process and invite them to participate in the Child and Family Team meeting. The Behavioral Health Home is expected to help the parents identify appropriate services and support them in the enrollment process. Behavioral Health Homes are required to attend the Pre-Hearing Conference and Preliminary Protective Hearing to present their assessment and recommendations and continue to engage the family. Behavioral Health Homes must maintain capacity to travel to locations within Arizona to complete a 72 Hour Rapid Response assessment. When applicable following a Rapid Response, Behavioral Health Homes must track the transfer of enrolled Members to other Health Plan contracted Behavioral Health Homes through the Health Plan Provider Portal and continue providing coordination and treatment services until the receiving agency has fully accepted the transfer as indicated in the Provider Portal. Behavioral Health Homes must verify Rapid Response staff have access to a laptop, mobile printer and wireless web connectivity to allow access to electronic medical information in the field. Computer and wireless specifications must meet or exceed Health Plan requirements. Ongoing Service Requirements for Comprehensive Medical and Dental Plan (CMDP) Eligible DCS Involved Children. Behavioral Health Homes are expected to provide services for a period of at least six months following the Rapid Response assessment unless the Behavioral Health Home receives a written request from the guardian or the DCS case closes. Behavioral Health Services for DCS involved children must stay open for at least six months following the Rapid Response assessment unless the Behavioral Health Homes receives a written request from the guardian or DCS closes out the member. DCS Involved Children must receive at least one service, identified on their service plan each calendar month. Behavioral Health Homes are expected to participate in all court hearings as appropriate for members in their care. Behavioral Health Homes are required to coordinate care for all CMDP members who become detained in a county detention facility located outside of the Health Plan service area. Behavioral Health Homes are expected to engage the biological parents, foster parents, kinship parents and adoptive parents throughout the course of treatment. The purpose of this engagement is to engage the parents and caretakers in the assessment process and invite them to participate in the Child and Family Team meeting. The Behavioral Health Home is expected to help the parents identify appropriate services and support them in the enrollment process. When the DCS Specialist/Legal Guardian is not available, the Behavioral Health Home must recognize the signature of the foster or kinship placement for the purpose of coordinating outpatient behavioral health services. Foster and kinship placements may sign a release of information, consent to treat, the service plan and other necessary documentation. If there is a disagreement between the placement and the DCS Specialist about services, the Legal Guardian/DCS Specialist shall make the final decision. The DCS Specialist/Legal Guardian must be the one to sign a child in the legal custody of DCS in to a Home Care Training for the Home Care Client (HCTC), Behavioral Health Residential Facility (BHRF), Behavioral Health Inpatient Facility (BHIF), Brief Intervention Program (BIP) or a hospital. AzCH-CCP Nurse Assist Line shall maintain a Foster Care Hotline for the specific purpose of answering calls about DCS involved children from Foster, Kinship and Adoptive Parents. The Foster Care Hotline shall be available 365/24/7 to meet the needs of the child and family. When a foster parent, kinship placement, group home or law enforcement official calls the Foster Care Hotline to initiate a Rapid Response, the Foster Care Hotline staff must immediately email the Health Plan Rapid Response Program at AzCHDCSRR@azcompletehealth.com and the DCS Child Services liaison. The Foster Care Hotline is required to send out a Crisis Mobile Team if a foster, kinship or adoptive parent requests a 72 Hour Higher Level of Care Determination. The Crisis Mobile Team shall determine if the child needs to go to a hospital, CRC or BIP (for AzCH-CCP members) to ensure the safety of the child while the team meets to determine further clinical needs of the child. If the CMT determines the child is safe to stay in the current environment, a safety plan must be developed prior to leaving the home. The Crisis Mobile Team shall immediately inform the Behavioral Health Home and The Health Plan CMDP Coordinators at the AzCHDCS@azcompletehealth.com email of the call and the need for an Emergency CFT. The Behavioral Health Home is required to have an Emergency CFT to identify the needs of the member and if appropriate follow the Health Plan process for securing the appropriate level of care for the member. When the AzCH-CCP Nurse Assist Line or Foster Care Hotline is called because the member is in crisis or is showing dangerous or threatening behaviors, a crisis mobile team shall be dispatched. Crisis Mobile Team providers are required to arrive within 2 hours of dispatch. AzCH-CCP Nurse Assist Line is required to notify the DCS Child Services Liaison via email of any CMT dispatches that do not meet the 2 hour required response time. All calls received by the AzCH-CCP Nurse Assist Line Foster Care Hotline must be tracked and reported to The Health Plan using Deliverable EC-301-25 Foster Care Hotline Call Report. The EC-301.25 Foster Care Hotline Call Report is due the 10th of every month for the previous month. Behavioral Health Respite Home Providers must meet the requirements of AAC R9-10-1601. Behavioral Health Respite Home providers must meet all prior authorization and continued stay requirements for Behavioral Health Supportive Homes as spelled out in this Provider Manual and as directed by The Health Plan. Birth to Five providers must provide screening, assessment, service planning, interventions and practices specifically designed to meeting the unique needs of children age Birth to Five and their families. Providers are required to utilize the AHCCCS Practice Tools “Working with the Birth to Five Population” and “Psychiatric and Psychotherapeutic Best Practices for Children Birth Through Five Years of Age” for additional guidance. Birth to Five providers must demonstrate active participation in state, regional and community sponsored best practices development and committed to working to build community knowledge base and expertise. Brief Intervention Program providers must maintain an intensive treatment program to deliver services 24 hours a day, 7 days a week, 365 days a year with the purpose of helping persons live successfully in the community. Brief Intervention Program providers must deliver supportive and treatment services necessary to support the Member in the community and must verify access to the services 24 hours a day, 7 days a week, 365 days a year to respond to crises, as appropriate. Brief Intervention Program providers must provide adequate staffing to maintain the safety of the Members and protect them from harm. Brief Intervention Program providers must limit participation in the program to ten (10) days per episode. Members cannot be readmitted to a Brief Intervention Program within 72 hours of discharge from any Brief Intervention Program. Brief Intervention Program providers must coordinate with treatment teams and family members, as appropriate, to verify continuity of care. Child and Family Teams/Adult Recovery Teams must be conducted within 72 business hours after admission. Each Brief Intervention Program provider must submit a report as indicated in Section 16 – Deliverable Requirements. Providers can be considered “Consumer Operated” if they comply with the requirements as outlined in the SAMHSA Consumer Operated Services Evidence-Based Practices Kit. Consumer Operated Providers can hold a behavioral health license from the Arizona Department of Health Services Division of Licensing, or in some situations can be certified as a Community Service Agency per AHCCCS AMPM 961, Community Service Agency Title XIX Certification. Community Service Agency Application forms can be found on the AHCCCS website at https://www.azahcccs.gov/shared/MedicalPolicyManual/. Crisis Line providers must comply with the requirements outlined in Provider Manual Section 14.13, Substance Use Disorder Treatment Requirements. Crisis Line providers must maintain an administrator–on-call to address any after-hours, weekend or holiday concerns or issues. Services must be individualized to meet the needs of Members and families. Crisis Line providers must assess the Member's perspective on treatment progress, in order to verify that the Member's perspectives are honored and they are effectively engaged in treatment planning and in the process of care. Crisis Line providers must provide monitoring, feedback and follow up after crisis based on the changing needs of the individual. The family must be treated as a unit and included in the treatment process, when determined to be clinically appropriate. Crisis Line providers must obtain and document child, family and Member input in treatment decisions. Crisis Line providers providing SUD services must develop services that are designed to reduce the intensity, severity and duration of substance use and the number of relapse events, including a focus on life factors that support long-term recovery as appropriate. Crisis Line providers must contact the Behavioral Health Home following a member’s utilization of crisis services. Crisis Line providers must verify coordination and continuity within and between service providers and natural supports to resolve initial crisis and to reduce further crisis episodes over time. Crisis Line providers must promote community-based alternatives instead of treatments that remove the Members from their family and community. In situations where a more restrictive level of care is temporarily necessary, Crisis Line providers must work with the Member to transition back into community-based care settings as rapidly as is clinically feasible and must partner with community provider agencies to develop and offer services that are alternatives to more restrictive institutionally or facility based care. Crisis Line providers must notify The Health Plan of any staff changes or incidents impacting credentialing involving Behavioral Health Professionals or Behavioral Health Medical Professionals within forty-eight (48) business hours of any additions, terminations or changes. Crisis Line providers must participate in clinical quality improvement activities that are designed to improve outcomes for Arizona Members. Crisis Line providers are highly encouraged to have in place a fully operational EHR; including, electronic signature, and remote access, as required to meet Federal Medicaid and Medicare requirements. In addition, Crisis Line providers must allow State and The Health Plan staff access to the EHR for the purpose of conducting audits. Be answered within three (3) telephone rings, or within 15 seconds on average, with an average call abandonment rate of less than 3% for the month. Provide Nurse On-Call services twenty-four (24) hours per day, seven (7) days per week to answer general healthcare questions from SMI Members receiving physical health care services and to provide them with general health information and self-care instructions. Establish and maintain the appropriate ADHS Division of Licensing license to provide required services. Maintain appropriate Arizona licensed medical staff, Arizona licensed Behavioral Health Professionals, ADHS Division of Licensing facility licenses, qualified Behavioral Health Technicians and Paraprofessionals, and Peer Support staff to adequately address and triage Member calls and verify the safe and effective resolution of calls. Maintain bilingual (Spanish/English) capability on all shifts and employee interpreter services to facilitate crisis telephone counseling for all callers. Provide consistent clinical supervision to verify services are in compliance with the Arizona Principles and all ADHS Division of Licensing, and State supervision requirements are met. Employ adequate staff to implement the Crisis AfterCare Recovery program. Employ one (1) full-time American Indian Warm-line Program Coordinator and part-time tribal Member employees representing the Tribal Nations served by The Health Plan who have tribal Members living on tribal lands in Arizona. Crisis Line providers must verify that all calls for Crisis Mobile Teams and Nurse Line are answered within three telephone rings, or within fifteen (15) seconds, as measured by the monthly Average Speed of Answer. All crisis calls and Nurse Line calls must be live answered. Crisis Line providers must report monthly, quarterly, and annually, all phone access statistics to include: total number of calls received, number and percent abandoned, average speed of answer, and number of calls outside standards. Crisis Line providers must report daily a phone access report that identifies number of calls outside standards, amount of time to answer call for each call outside standards, and number of abandoned calls associated with call outside standards. Provide crisis counseling, triage and telephonic follow-up 24/7/365. All crisis calls must be live answered. Crisis callers must not receive a prompt, voice mail message, or be placed in a phone queue. Provide crisis counseling and triage services to all persons calling The Health Plan Crisis Line, regardless of the caller's eligibility for Medicaid services. Review Wellness Recovery Action Plans (WRAP Plans) and Crisis Plans identified in The Health Plan data system to assist with crisis resolution and suggest appropriate interventions. Dispatch mobile team services delivered by provider agencies and must track mobile team intervention resolution in compliance with protocols established or approved by The Health Plan. Crisis Line providers must report on a weekly and monthly basis these dispatches in a format approved by The Health. Daily reports may be required as needed. Assess the safety of a crisis scene prior to mobile team dispatch and track mobile teams to monitor the safety of the mobile team staff. Follow-up with Members, crisis mobile team staff, Integrated Care Managers, and system partners to verify appropriate follow-up and coordination of care. Assess Member dangerousness to self and others and provide appropriate notification to The Health Plan, Behavioral Health Home Health Care Coordinator, and obtain information on Member's consistent use of medications to minimize dangerousness and promote safety to the Member and community. Follow community standards of care and best practice guidelines to warn and protect Members, family members and the community due to threats of violence. Document all interactions and triage assessments to facilitate effective crisis resolution and validate interventions. Conduct a follow-up call within seventy-two (72) hours to make sure the caller has received the necessary services. Verify Members are successfully engaged in treatment before closing out the crisis episode and follow-up to verify system partner and Member satisfaction with the care plan. Support the mobile teams and arrange for transports, ambulance, etc. Dispatch and track requests for 1 hour Urgent Engagements. Dispatch and Track requests for 24 hour Urgent Engagement referrals after hours. Monitor and make best efforts to verify that 1 hour Urgent Engagements are completed within 1 hour of Behavioral Health Home activation. Provider must document and report any reported response delay reason, monitor and make best efforts to verify that 24 hour Urgent Engagements are completed within twenty-four (24) hours of notification by health plans, hospitals, or detention centers. Provider must document and report any reported response delay reasons. Track all Urgent Engagement requests to verify Members are engaged in follow-up care. Provide reports that track and summarize the requests for, daily pending inpatient report, daily call statistics report, CMT timeliness report, re-entry reports, urgent response report, acute health plan inquiry log, crisis indicator data report, client activity report, second responder tracking and 24 Hour Mobile Urgent Intake requests the disposition of such assessments in a format established or approved by The Health Plan. Make reasonable attempts to verify that the dispositions and intake appointments are completed. Document and report any delay reasons to The Health Plan in real time for all Urgent Response requests. Crisis Line providers must provide customer service functions on behalf of The Health Plan when The Health Plan offices are closed. Crisis Line providers must complete transactions for Customer Service after-hours without referring anyone to call back during regular business hours unless the call is regarding a claim. The Health Plan Customer Service telephone number must be forwarded to The Crisis Call Center whenever The Health Plan offices are closed and occasionally, as arranged in advance, through Work Force Management. Crisis Line providers must serve as a "safety net" to The Health Plan Members by re-engaging Members into treatment, as identified by The Health Plan and per data provided by The Health Plan. Crisis Line providers must document and monitor consistent use of crisis services for persons identified as High Need by The Health Plan, provider agencies or by family report. All High Need situations involving dangerousness to self or others must be staffed immediately with an independent licensed supervisor and the supervision must be documented in the record. Crisis Line providers must notify The Health Plan through The Health Plan data systems of any service delivery problems, grievances, service gaps and concerns raised by Members, family members, and system partners. Crisis Line providers must encounter and document all services in compliance with the AHCCCS Covered Behavioral Health Service Guide. Crisis Line providers must conduct outreach calls, The Health Plan, to facilitate quality improvement initiatives, as determined by The Health Plan, such as but not limited to the timely completion of Service Plans, use of medications, Health Care Coordinator selection and Member satisfaction, consistent use of treatment services, and frequency of treatment team meetings. Crisis Line providers must participate in satisfaction surveys sponsored by the State and The Health Plan as requested and must conduct satisfaction surveys from reports generated by The Health Plan. Crisis Line providers must facilitate effective coordination of care with provider agency staff to promote effective recovery for Members. Crisis Line providers must track resolution until Member reports being successfully engaged in care and consistently engages in treatment. Crisis Line providers must assist Members in getting their prescriptions filled, obtaining services, resolving access to care problems, and obtaining medically-necessary transportation services. Crisis Line providers must also refer Members for outpatient services and warm transfer callers to agencies or service providers whenever possible upon completion of the call. Follow up calls shall be made to verify referred caller made and kept appointment. Crisis Line providers must explain to callers the process to access services, authorization process for Behavioral Health Inpatient and Hospital services and provide names and locations of intake agencies accessible to the caller. Members must be informed about The Health Plan website, Member rights and grievance and appeal procedures as appropriate. Crisis Line providers must assist Members in addressing third party liability and "payer of last resort" issues related to accessing services including pharmacy services. Crisis Line providers must assist Members in managing their own care, in better understanding their rights, in identifying and accessing resources and in more effectively directing their care. Crisis Line providers must research Member eligibility for services on behalf of providers and Members and make available eligibility information to callers to assist access to care. Crisis Line providers must make available to Members, family members, and provider agencies treatment information about Evidenced Based Practices and shall assist callers in becoming better informed about services and recovery. Crisis Line providers must successfully coordinate services with PFROs; including, Peer Crisis AfterCare Programs, Peer Warm Lines, Peer Community Reentry Programs, and Peer Hospital Discharge Programs. Crisis Line providers must participate in all trainings and crisis coordination meetings required or requested by the State and/or The Health Plan. Crisis Line providers must successfully implement a Crisis AfterCare Recovery Team, employing program staff during peak hours Monday through Friday. The Crisis AfterCare Recovery Team must conduct outreach, service coordination and crisis stabilization services to Members following mobile crisis team visits, crisis telephone calls, hospitalization and The Health Plan coordination of care requests. In addition, Crisis Line providers must document coordination efforts in The Health Plan software systems. Crisis Line providers must support and strengthen the role of the Certified Health Care Coordinator through care facilitation, being careful to not diminish the relationship between the Member and the Health Care Coordinator. Providers must successfully implement an American Indian Warm-line Program and transfer system that includes (at least) part-time tribal Member employees (aka Tribal Support Partners) from the tribes served by The Health Plan. Tribal Support Partners must conduct calls (inbound/outbound) to facilitate member engagement in treatment, instill hope and promote recovery. The TWL must be answered by a Tribal Support Partner Monday through Friday, 9:00 AM to 9:00 PM. Outside of these hours, the TWL must be answered by the crisis line, with a follow-up call by a Tribal Support Partner during the TWL operating hours. Tribal Support Partners must be trained in identifying crisis calls and transferring calls between systems. Tribal Warm Line staff must participate in all trainings and coordination meetings required or requested by the State and/or The Health Plan. Crisis Line providers must successfully implement a 24/7 online scheduling system to schedule emergent follow-up appointments and urgent intake assessments with an outpatient provider following a crisis episode. Crisis Mobile Team providers must provide crisis mobile team services in the assigned geographic areas and in accordance to State and The Health Plan requirements. Crisis Mobile Team providers must verify that the Crisis Mobile Team Program is clinically supervised by a The Health Plan Credentialed Independently Licensed Behavioral Health Professional. Crisis Mobile Team providers must verify all Risk Assessments and crisis notes are reviewed and signed off by a The Health Plan Credentialed Independently Licensed Behavioral Health Professional within 24 business hours. Crisis Mobile Team providers must coordinate all services through The Health Plan Crisis Mobile Team provider and follow crisis protocols established by The Health Plan and community stakeholders. Crisis Mobile Team providers must work collaboratively with The Health Plan Crisis Line Provider to receive mobile team dispatches, coordinate all services, and facilitate crisis resolution planning. Crisis Mobile Team providers must report all staffing changes to The Health Plan Network Development Department through the EC-312 deliverable. Crisis mobile team providers are required to carry, and use as required, GPS enabled phones provided by crisis line provider. Crisis Mobile Team Agencies are required to have a super-user available within their agency for technical support. GPS phones will enable one number electronic dispatching from the crisis line provider. GPS phones must be kept with crisis mobile team staff on shift at all times. Crisis Mobile Team staff must be trained in appropriate use of the GPS phones. Crisis Mobile Team providers are required to cover the cost of damaged or lost GPS phones as requested by The Health Plan crisis phone provider. If you are assigned a GPS enabled cellular device, it is a condition precedent that you read and sign your specific User Agreement prior to receiving any such cellular device or devices. Crisis Mobile Team providers must participate in crisis coordination calls and meetings to facilitate effective working relationships. Crisis Mobile Team providers must verify mobile team services are closely linked to the provider's outpatient department and that coordination of care is occurring with outpatient providers for members who have been in a crisis. If the crisis occurs during business hour, the expectations is that the coordination occurs in real time. Crisis Mobile Team providers must employ adequate staff to consistently meet the requirements for crisis mobile teams. Crisis mobile teams must have the capacity to serve specialty needs of population served including youth and children, Tribal members, and developmentally disabled. Crisis Mobile Team providers must ensure adequate coverage to maintain full crisis team capacity as a result of staff illnesses and vacations. All direct care crisis staff must be Critical Incident Stress Management (CISM) trained. Crisis Mobile Team providers must participate in training events sponsored by The Health Plan and the State to enhance the performance of the crisis system. A mobile crisis team must be able travel to the place where the individual is experiencing the crisis. Crisis Mobile Team providers must provide and maintain mobile crisis vehicles to facilitate transports and field interventions. Crisis Mobile Team providers must ensure Title 36 screenings are conducted by staff other than mobile team staff unless The Health Plan holds a contract with the applicable County, in which case the mobile crisis team should follow the requirements specified in that contract. See Section 3.9 - Pre-Petition Screening. Crisis Mobile Team providers shall be provided GPS enabled cell phones for all crisis staff on duty and must verify effective connectivity. Crisis Mobile Team providers must provide internet and telephone connectivity through cell phone technology to verify staff have the capacity to communicate spontaneously by phone and the internet while in the field. Crisis Mobile Team providers must verify each mobile team has the capability to wirelessly connect and access the electronic medical information in the field as well as email. In addition, Provider must verify the computer and wireless specifications meet or exceed The Health Plan requirements. Crisis Mobile Team providers must verify the safety of Members under the care of the Crisis Mobile Team at all times, and verify at-risk Members are monitored and supervised by professional staff in person as long as the person remains at a Danger to Self/Danger to Others (DTS/DTO). Crisis Mobile Team providers must record referrals, dispositions, and overall response time. Crisis Mobile Team providers must verify all Members are effectively engaged in follow up care before terminating crisis services. Crisis Mobile Teams must have the ability to assess and provide immediate crisis intervention and make reasonable efforts to stabilize acute psychiatric or behavioral symptoms, evaluate treatment needs, and develop individualized plans to meet the individual’s needs. Crisis Mobile Team providers must deliver crisis response, crisis assessment and crisis stabilization services that facilitate resolution, not merely triage and transfer. Crisis Mobile Team providers must initiate and maintain collaboration with fire, law enforcement, emergency medical services, hospital emergency departments, AHCCCS Complete Care Health plans and other providers of public health and safety services to inform them of how to use the crisis response system, to coordinate services and to assess and improve the crisis services. Crisis Mobile Teams must maintain adequate licenses to allow each team to utilize and update The Health Plan Risk Management/High Needs Tracking System to effectively coordinate care for Members in crisis. Crisis Stabilization providers must provide crisis stabilization services in the assigned areas on a 24/7/365 basis and in accordance to State and The Health Plan requirements. Crisis assessment and crisis services must facilitate resolution, not merely triage and transfer. Crisis Living Rooms must be furnished to resemble a home living area, including the following: showers, rest rooms, living room furniture, kitchen, refrigerator, dining table, microwave oven, and exercise equipment. Crisis Stabilization providers must verify that the Crisis Living Room Program is clinically supervised by a The Health Plan Credentialed Independently Licensed Behavioral Health Professional. Crisis Stabilization providers must verify all Crisis Living Room Assessments are reviewed and signed off by a The Health Plan Credentialed, Independently Licensed Behavioral Health Professional. Crisis Stabilization providers must verify adequate staff capacity to meet variations in the demand for services. Crisis Stabilization providers must verify all direct care crisis staff are CISM trained. Crisis Stabilization providers must coordinate all services through The Health Crisis Line Provider and follow crisis protocols established by The Health. Crisis Stabilization providers must work collaboratively with The Health Plan Crisis Line Provider to coordinate all services, and facilitate crisis resolution planning. Since the Crisis Living Room is an outpatient facility, Crisis Stabilization providers must verify Members are not allowed to remain in the living room for more than 23 hours a day. Crisis Stabilization providers must verify crisis living room services are closely linked to the provider's outpatient department and that coordination of care is occurring with outpatient providers for members who have been in a crisis. Crisis Stabilization providers must verify all Members are effectively engaged in follow-up care before terminating crisis services. This includes coordinating care with the members ACC Health Plan. Crisis Stabilization providers must embrace a "No Wrong Door" philosophy and accept all voluntary referrals, regardless of ability to pay, clinical presentation, degree of intoxication, or benefit status. Crisis Stabilization providers must accept all referrals from law enforcement and the community. In a health emergency, Provider is required to verify eligibility for Covered Services in accordance with The Health Plan Provider Manual and with federal, State, and local laws relating to the provision of Emergency Medical Services (including but not limited to A.A.C. R9-22-201 et seq. and 42 CFR 438.114), provided that nothing in this provision shall be deemed to require Provider to violate federal or State law regarding the provision of Emergency Medical Services. Provider is required to notify The Health Plan-designated crisis hotline provider within twenty-four (24) hours or by the next business day of rendering or learning of the rendering of Emergency Medical Services to a Member. Crisis Stabilization providers must coordinate transportation to facilitate or coordinate care and discharge planning. Crisis Stabilization providers must participate in training events sponsored by The Health Plan and the State to enhance the performance of the crisis system. Crisis Stabilization providers must participate in crisis coordination calls and meetings to facilitate effective working relationships. Crisis Stabilization providers must maintain adequate licenses to allow Crisis Living Room staff to utilize The Health Plan Risk Management /High Needs Tracking System to effectively coordinate care for Members in crisis. Crisis Stabilization providers must verify the Crisis Living Room is equipped with a computer, printer and web connectivity to allow access to electronic medical information. Crisis Transportation providers must provide medically-necessary transportation services in the assigned geographic areas and in accordance to State and The Health Plan requirements. Crisis Transportation providers must establish and maintain appropriate licenses to provide transportation services identified in the Scope of Work. Crisis Transportation providers must coordinate all services through The Health Plan Crisis Line Provider and follow crisis protocols established by The Health. Crisis Transportation providers must participate in crisis coordination calls and meetings to facilitate effective working relationships as requested. Staffing must consistently meet AHCCCS, the State, ADHS Division of Licensing, and The Health Plan requirements. Crisis Transportation providers must verify staff capacity to meet availability requirements as identified in provider’s contract with The Health Plan. Crisis Transportation providers must maintain appropriately trained, supervised, and ADHS Division of Licensing and AHCCCS qualified transportation professionals to conduct transports. Crisis Transportation providers must provide consistent supervision to verify services are in compliance with the Arizona Principles, and verify all ADHS Division of Licensing regulations and State supervision requirements are met. In addition, all staff transporting Members must maintain DES Fingerprint Clearance cards and maintain copies in Personnel files. Crisis Transportation providers must participate in training events sponsored by The Health Plan and the State as requested, and verify staff complete all required trainings and document trainings through Relias Learning Management System. Crisis Transportation providers must provide and maintain safe, clean and updated vehicles to facilitate transportation. Crisis Transportation providers must provide cell phones for all transportation staff on duty to verify effective connectivity and safety. Crisis Transportation providers must bill all medically-necessary transportation services utilizing transportation service codes. Crisis Transportation providers must maintain appropriate paperwork in accordance with State and AHCCCS regulations. Crisis Transportation providers must encounter and document all services in compliance with the AHCCCS Covered Behavioral Health Service Guide. Behavioral Health providers must make available HIV education, screening and counseling services to The Health Plan-enrolled Members. Behavioral Health Providers must make available HIV Risk Assessments to Members which includes pre-test discussions and counseling that assists the client in identifying the behaviors that may have possibly exposed the person to HIV. Health Education and Health Promotion services (including assistance and education about health risk reduction and lifestyle choices) must be provided to Members at substance use, mental health and community facilities in Arizona. Providers must make available to Members information regarding HIV transmission and prevention, and should assist Members in identifying the behaviors that may expose them to HIV. Behavioral Health providers must make available Pre-Test Counseling to Members to assist in identifying the behaviors that may have possible exposed them to HIV, focusing on the Member's own unique circumstances and risk and helping the Member set and reach an explicit behavior-change goal to reduce the chance of acquiring or transmitting HIV. Provider must make available to Members information regarding HIV transmission and prevention and the meaning of HIV test results. In addition, providers must help the Member to identify the specific behaviors putting them at risk for acquiring or transmitting HIV and commit to steps to reduce their risk. Providers must make available Post-Test Counseling including summarization of identified risks, review of the Member's risk reduction plan, discussion of next test time or when the confirmation blood draw shall occur if the Member tested positive for HIV, scheduling an appointment for receiving future results, obtaining information on sexual or drug using contacts to enable partner notification process to occur, and providing information and assistance in accessing the HIV Care System. Providers must provide HIV Prevention Case Management services to any individual requesting assistance from the provider in obtaining resources and accessing needed social services. Providers of HIV testing services must obtain and retain a Clinical Laboratory Improvement Amendments (CLIA) certificate and verify all HIV Testing is administered in accordance with the CLIA requirements. HCTC Providers must meet all l licensing and scope of work requirements as outlined by licensing, the Covered Behavioral Health Services Guide, and all prior authorization and continued stay requirements for HCTC as listed in Provider Manual Section 10 and as directed by The Health Plan. HCTC shall be utilized as an alternative to more restrictive levels of care when clinically indicated. Providers are required to provide culturally-competent, evidence-based substance use treatment to a person who is experiencing acute and severe behavioral health and/or substance use symptoms, which may include emergency reception and assessment; crisis intervention and stabilization; individual, group and family counseling; outpatient detoxification and referral. Services provided to each member must be individualized to meet the member’s unique treatment needs. Substance use disorders may include a range of conditions that vary in severity over time, from problematic, short-term use of substances, to severe and chronic disorders requiring long-term and sustained treatment and recovery management. A return of the member to the workplace or school, as appropriate. Be provided by clinicians who are overseen by a Behavioral Health Professional (BHP) with experience in substance use disorders and treatment. Providers must maintain the capacity to conduct drug screening/testing on members, as defined by AHCCCS Covered Behavioral Health Services Guide and as deemed clinically appropriate by the member’s treatment team. While not required, The Health Plan supports the use of drug screening during the substance use screening, assessment and treatment process. Substance use treatment providers must make individualized outpatient services available to assist the client in reducing or eliminating substance use/abuse. A continuum of services including therapy (individual, group, family), case management, peer support, vocational services and any other service identified in the AHCCCS Covered Behavioral Health Services Guide must be available and must utilize and maintain fidelity to evidence-based methods. Substance use treatment providers that offer intensive outpatient programming must ensure that operates at least three (3) hours per day and at least three (3) times per week, as required by AHCCCS Covered Behavioral Health Services Guide. Intensive Outpatient Services are limited to Mediciad enrolled members and persons with substance use disorders receiving substance use treatment. Residential Substance Use Treatment services are available to adults and adolescents who are TXIX eligible and to individuals who are NTXIX, but eligible for Substance Abuse Block Grant (SABG) funds, as described in Provider Manual 12.10, Special Populations, and who are screened using the ASAM as needing this level of care. Behavioral health residential facilities (BHRFs) providing substance use treatment must ensure length of stay is consistent with member’s needs and meets medical necessity. Treatment must remain individualized for each member, dependent upon ASAM placement criteria and treatment needs. All residential treatment facilities are subject to Utilization Management review as per Provider Manual Section 10. Substance Abuse Transitional Facility Providers must provide SUD treatment services through a licensed Substance Abuse Transitional Facility on a 24/7/365 basis. See R9-10-1401 et seq. Substance Abuse Transitional Facility Providers must verify appropriate clinical supervision to safely administer treatment services and verify availability of medical staff to provide appropriate medical consultation and supervision. To verify Members receive appropriate follow up care, providers must verify coordination of care. Substance Abuse Transitional Facility Providers must utilize Peer Support staff to maximize opportunities for Members to understand and embrace recovery. Immediate and ongoing detoxification and psychiatric crisis stabilization services must be provided in the least restrictive setting, consistent with individual and family need and community safety. Designated staff at the treatment provider engages the member, family/guardian and natural supports to actively participate in discharge planning. Discharge planning begins at the time of admission and continues to be an active part of the treatment/service planning process. It is recommended that agencies create an individualized, medically and clinically comprehensive crisis plan as part of discharge planning. Include arrangements for therapy and other applicable psychiatric services provided in a timely manner. Assesses for potential safety issues. Providers must fully educate the Member about all treatment options and strategies to promote recovery from opiate abuse; including, health risks, relapse risks, and alternative treatments. IV Drug and Opioid Treatment Providers (OTPs) must maintain current policies and procedures designed to verify adherence to The Health Plan Provider Manual, 42 CFR Par 8, SAMHSA - Treatment Improvement Protocol 49, AHCCCS Practice Protocol - Buprenorphine Guidance, the American Psychiatric Association Practice Guideline - Treatment of Patients with Substance Use Disorders, the Drug Enforcement Administration (DEA) and any applicable accreditation requirements. IV Drug and Opioid Treatment Providers must also ensure Members have access to any medically necessary lab or physical health screening as referenced in the SAMHSA Treatment Improvement Protocol 49. All Opioid Treatment Providers must have in place written policies and procedures describing their agency’s Diversion Control Program. All OTPs must have information on the Dangers of Street Drugs posted in their clinic lobbies. Treatment must promote recovery, minimizing the impact of substances on the Member's life and assisting the Member in reaching the maximum level of functioning in life appropriate for the Member. Assessment and treatment for adolescents that act out sexually must be supervised by qualified clinicians using acceptable treatment modalities based on Evidenced Based Practices for the treatment of adolescents who act out sexually and in accordance with State and Federal laws. Treatment teams must include Licensed Clinicians, Health Care Coordinators, and in-home family support staff. Providers of services to adolescents who act out sexually must verify Treatment and Discharge Planning is developed through Child and Family Team Practice. Providers of services to adolescents who act out sexually must develop an effective Safety Plan that safeguards the Member and community from re-offending. Providers of services to adolescents who act out sexually must place the adolescent in a treatment program with adolescents of similar age and developmental maturity level, when group treatment is prescribed by the treatment provider. Providers of services to adolescents who act out sexually must comply with the professional Code of Ethics of the Association for the Treatment of Sexual Abusers. Reference: www.atsa.com. Providers of services to adults who act out sexually must provide treatment services geared toward preventing further offenses and safeguarding the community from harm. Services must include assessments related to inappropriate sexual behavior, treatment planning, family support services, address family reunification and visitation, collaborate with probation/parole or other supervision or multidisciplinary professionals, engage community supports, include transition services and continuity of care. Treatment must be supervised by qualified clinicians using acceptable treatment modalities based on Evidenced Based Practices for the treatment of adults who act out sexually and in accordance with State and Federal laws. Providers of services to adults who act out sexually must verify treatment teams include Licensed Clinicians, Health Care Coordinators, and in home family support staff. Treatment and Discharge Planning must be provided through Integrated Team Meetings. Providers of services to adults who act out sexually must develop an effective Safety Plan that addresses risk management and safeguards the Member and community from re-offenses. Providers of services to adults who act out sexually must place the adult in a treatment program with adults of similar age and developmental maturity level, when group treatment is prescribed by the treatment provider. To provide crisis intervention services to a person for the purpose of stabilizing or preventing a sudden, unanticipated, or potentially dangerous behavioral health condition, episode, or behavior. These intensive and time limited services are designed to prevent, reduce, or eliminate a crisis situation and are provided 24 hours a day, 7 days a week, 365 days a year. All individuals entering the facility (based on Arizona Division of Licensing approval to accept members) shall have a basic health, risk and acuity screening completed by a qualified behavioral health staff member as defined by ACC R9-10-114. Triage assessments shall be completed within fifteen (15) minutes of an individual’s entrance into the facility. Any individual demonstrating an elevated health risk shall be seen by appropriate staff to meet the member’s needs. Comprehensive screenings and assessments shall be completed on all individuals presenting at the facility to determine the individual’s behavioral health needs and immediate medical needs. Assessments are required to be completed by a qualified behavioral health professional as defined by ARS Title 32 and ACC R9-10-101. Screening and assessment services may result in a referral to community services, enrollment in The Health Plan system of care, admittance to crisis stabilization services, or admittance to inpatient services. At minimum, a psychiatric and psychosocial evaluation, diagnosis and treatment for the immediate behavioral crisis shall be provided. Breathalyzer analysis of Blood Alcohol Level and/or specimen collections for suspected drug use may be provided as clinically appropriate. Crisis intervention services (stabilization) is an immediate and unscheduled behavioral health service provided in response to an individual’s behavioral health issue, to prevent imminent harm, to stabilize, or resolve an acute behavioral health issue. Crisis stabilization services are able to be provided for a maximum of 23 hours and designed to restore an individual’s level of functioning so that the individual might be returned to the community with coordinated follow up services. Services provided include assessment, counseling, intake and enrollment, medical services, nursing services, medication and medication monitoring, and the development of a treatment plan. Discharge planning and coordination of care shall begin immediately upon admission and shall be developed through coordination with the Behavioral Health Home, and the Adult Recovery Team (ART) or Child and Family Team (CFT) as appropriate. If licensed to provide court ordered evaluation and treatment, the provider shall verify that services and examinations necessary to fulfill the requirements of ARS §36-524 through ARS §36-528 for emergency applications for admission for involuntary evaluation are provided in the least restrictive setting available and possible with the opportunity for the individual to participate in evaluation and treatment on a voluntary basis. Prior to seeking an individual’s admission to a Behavioral Health Inpatient facility for Court Ordered Evaluation (COE) Provider shall make all reasonable attempts to engage the individual in voluntary treatment and discontinue the use of the involuntary evaluation process. Provider shall verify that staff members are available to provide testimony at Title 36 hearings upon the request of County courts. Provider shall submit all documents, reports and data in accordance with the Deliverable Schedule in Section 16 – Deliverable Requirements. All deliverables shall be submitted in the format prescribed by The Health Plan and within the time frames specified. Provider is required to submit any additional documents and/or ad hoc reports as requested by The Health Plan. Provider shall have a capacity of 34 (chairs) for adults, 18 years or older, and eight (8) chairs for children, to provide accommodations for overnight stay as mandated by ADHS Division of Licensing Services in accordance with AAC Title 9, Chapter 10. Provider shall have capacity to provide facility-based 23-hour crisis observation/stabilization services for at least 34 adults and at least eight (8) children at any one time. Provider shall have a capacity of 12 (chairs) for adults, 18 years or older, to provide accommodations for overnight stay as mandated by ADHS Division of Licensing Services in accordance with AAC Title 9, Chapter 10. Provider shall have capacity to provide facility-based. 23-hour crisis observation/stabilization services for at least 12 adults at any one time. Provider shall have a capacity of 14 (chairs) and one patient bedroom for adults, 18 years or older, to provide accommodations for overnight stay as mandated by ADHS Division of Licensing Services in accordance with AAC Title 9, Chapter 10. Provider shall have capacity to provide facility-based. 23-hour crisis observation/stabilization services for at least 15 adults at any one time. Provider shall have a capacity of 24 (chairs) and two patient bedrooms for adults, 18 years or older, to provide accommodations for overnight stay as mandated by ADHS Division of Licensing Services in accordance with AAC Title 9, Chapter 10. Provider shall have capacity to provide facility-based. 23-hour crisis observation/stabilization services for at least 26 adults at any one time. Provider shall have a capacity of 16 sub acute beds with the ability to covert for 23 hours chairs and law enforcement drop offs for adults,18 years or older, to provide accommodations for overnight stay as mandated by ADHS Division of Licensing Services in accordance with AAC Title 9, Chapter 10. Providers delivering ACT Team services are required to establish ACT teams that comply with the requirements outlined in the SAMHSA Assertive Community Treatment (ACT) Evidence-Based Practices Kit, https://store.samhsa.gov/product/Assertive-Community-Treatment-ACT-Evidence-Based-Practices-EBP-KIT/SMA08-4345, in communities approved by the Health Plan. Providers delivering ACT Team services shall participate in SAMSHA EBP fidelity audits coordinated with the Health Plan on an annual basis at minimum. Provider shall submit all documents, reports and data in accordance with the Deliverable Schedule as indicated in Section 16 – Deliverable Requirements. All deliverables shall be submitted in the format prescribed by the Health Plan and within the time frames specified. Provider is required to submit any additional documents and/or ad hoc reports as requested by the Health Plan. ACT Team providers must participate in all trainings and meetings required or requested by AHCCCS and/or The Health Plan n. ACT Team providers must coordinate for continuity of care between provider, member’s Behavioral Health Home, stakeholders (Adult Protective Services, Probation Officer, Department of Corrections, and other agencies), and other Specialty Providers (both physical and behavioral health) involved with the member. Engagement Specialists are required to adhere to the parameters outlined in the Engagement Specialist Guide and Engagement Specialist Program Objectives Handbook. Veteran Navigator through the Arizona Coalition for Military Families. Engagement Specialist Log must be completed by each provider – see Section 16 - Deliverables.

2019-04-25T07:58:04Z

https://www.azcompletehealth.com/providers/resources/provider-manual/pm_section_14.html

Marine environment is inestimable for their chemical and biological diversity and therefore is an extraordinary resource for the discovery of new anticancer drugs. Recent development in elucidation of the mechanism and therapeutic action of natural products helped to evaluate for their potential activity. We evaluated Gracilaria edulis J. Ag (Brown algae), for its antitumor potential against the Ehrlich ascites tumor (EAT) in vivo and in vitro. Cytotoxicity evaluation of Ethanol Extract of Gracilaria edulis (EEGE) using EAT cells showed significant activity. In vitro studies indicated that EEGE cytotoxicity to EAT cells is mediated through its ability to produce reactive oxygen species (ROS) and therefore decreasing intracellular glutathione (GSH) levels may be attributed to oxidative stress. Apoptotic parameters including Annexin-V positive cells, increased levels of DNA fragmentation and increased caspase-2, caspase-3 and caspase-9 activities indicated the mechanism might be by inducing apoptosis. Intraperitoneally administration of EEGE to EAT-bearing mice helped to increase the lifespan of the animals significantly inhibited tumor growth and increased survival of mice. Extensive hematology, biochemistry and histopathological analysis of liver and kidney indicated that daily doses of EEGE up to 300 mg/kg for 35 days are well tolerated and did not cause hematotoxicity nor renal or hepatotoxicity. Comprehensive antitumor analysis in animal model and in Ehrlich Ascites Tumor cells was done including biochemical, and pathological evaluations indicate antitumor activity of the extract and non toxic in vivo. It was evident that the mechanism explains the apoptotic activity of the algae extract. All through the medical history, nature is the excellent and reliable source of new drugs, including anticancer agents. Natural sources like plants and marine products have always been useful sources of antitumor or cancer prevention compounds [1, 2]. From the currently used anticancer chemotherapeutic drugs, approximately 70% are derived in from natural sources including some drugs under clinical trials obtained from marine source [4, 5]. Evidence from recent publication indicates that marine natural products, especially the secondary metabolites from marine organisms, are potential source and give high yield anticancer drugs than terrestrial sources [6, 7]. In recent years compounds like Arc-C (Cytarabine, an antileukemic drug) and trabectedin (Yondelis, ET-743, an agent for treating soft tissue sarcoma) were developed from marine sources [8, 9]. Fungi obtained from marine source are source of structurally unique and biologically active secondary metabolites . Number of preclinical anticancer lead compounds obtained from marine-derived organism has been increasing rapidly in last few years [11–13]. In many cases the natural occurring compounds are more effective and do not have considerable undesired consequences compared with synthetic drugs . Compounds from natural source are studied extensively with respect to structural modification in order to explore their further use in pharmacy and medicine in the prevention and treatment of cancer . Gracilaria edulis (S.G. Gmelin) P.C. Silva, a major Indian agarophyte and an edible marine alga is commonly found in Indian coast . In a previous study, we reported the role of G. edulis in improvement in survival and cancer treatment . We continued further to establish the role of G. edulis as anticancer drug and in this study we did an extensive evaluation of the activity to understand the mechanism. Increase in life span in the Ehrlich ascites tumour (EAT) cells bearing mice after treatment with ethanolic extract of Gracilaria edulis (EEGE) and results from the biochemical parameters encouraged us to perform the detailed study for this novel anticancer drug. Culture medium RPMI 1640, fetal bovine serum (FBS), HEPES and L-glutamine were purchased from Life Technologies (Grand Island, NY, USA). Trypan blue, MTT were obtained from Sigma Aldrich (St. Louis, MO, USA). Annexin-V-fluorescein isothiocyanate (FITC) and propidium iodide (PI) were from BD Biosciences (San Jose, CA, USA), and 2,7-dichlorodihydrofluorescein diacetate (H2-DCFDA) was from Molecular Probes/Invitrogen (Eugene, OR, USA). Caspase-2, caspase-3 and caspase-9 activities were evaluated by using commercial available kits from R&D Systems (Minneapolis, MN, USA). For evaluation of hepatic enzymes such as aspartate amino transferase (AST), alanine amino transferase (ALT), alkaline phosphatase (ALP), and lactate dehydrogenase (LDH) commercial kits were used (Span Diagnostics Ltd., Vadodara, Gujarat, India). Fresh algae of G. edulis were collected from the regional sea shore during the month of December in the Mandapam region, Tamil Nadu. Alcoholic extract of the algae was prepared as described earlier and the presence of biologically active components including alkaloids, flavonoids, sterols, terpenoids, proteins, saponins, phenols, coumarins, tannins and glycosides was documented using spectrophotometric analysis . No specific permission was required for the collection of these algae as these were collected from regional sea shore, not covered by any regulatory body and private land. This study does not involve any endangered or protected species. A voucher specimen of this algae was matched with the local herbarium authentic specimen (Herbarium no. AC.3.1.1.5) housed at Central Marine Fischeries Research Institute, Cochin, Kerala, India and was deposited in the herbarium. Adult swiss albino mice weighing between 25–30 g were procured from Tamilnadu Veterinary and animal Science University, Chennai. The animals were kept in well-ventilated cages and fed with commercial food and water ad libitum and raised under specific pathogen-free conditions. The study was conducted with necessary ethical clearance from Institutional Animal Ethics Committee (IAEC) of Srimad Andavan Arts & Science College. EAT cells were provided as courtesy sample by Amala Cancer Research Center, Thrissur, India. Ascitic tumor cells were counted by trypan blue dye exclusion method and always found to be 95% or more viable. Cells were maintained in mice in ascites form by successive transplantation of 6×106 cells/mouse in a volume of 0.2 ml in PBS . 35 mM NaCl. Cells were cultured in RPMI 1640 supplemented with HEPES (25 mM), L-glutamine (2 mM), sodium bicarbonate (25 mM), 10% FBS, 2-mercaptoethanol (50 μM) and antibiotics (100 U/ml penicillin and 100 μg/ml streptomycin) at 37°C in 5% of CO2 incubator. Viability and cell density were determined by the trypan blue dye exclusion test. In a 96 well plate, EAT cells (3×105/ml) in RPMI 1640 with 10% FBS were seeded in quadruplicate. EEGE was dissolved in PBS which final concentration was adjusted to less than 0.1% (v/v) of the solvent in culture medium. The cells were treated with EEGE while control samples were treated with the corresponding volume of culture medium containing PBS. All samples were incubated in 5% CO2 incubator for 72 hours at 37°C in a 100% humidity atmosphere. Cell proliferation was determined using the standard MTT assay and the phosphatase activity assay . Peripheral human blood was obtained from healthy adult volunteer with prior ethical approval and diluted with an equal volume of RPMI 1640 medium. Mononuclear cell was isolated using Ficoll-Hypaque density gradient separation solution, washed twice in RPMI1640 medium. Cells were suspended in RPMI1640 medium supplemented with 2 mM glutamine, antibiotics and 10% FBS. Leukocytes at a density of 1 × 106 plating cells/ml were cultured with 5 μg/ml of phytohemagglutinin in 96-well microtiter plates. Cells were incubated with EEGE in a 5% CO2 incubator for 72 h at 37°C. Control samples were treated with the corresponding volume of culture medium containing less than 0.1% PBS. After treatment, cell proliferation was determined using the MTT reduction assay . EAT cells (5 × 106) were treated with various concentrations of EEGE including 0, 25, 50 and 100 μg/ml for 72 hours were washed with PBS. Total and reduced glutathione concentration in the cells was estimated by Glutathione Assay Kit from Sigma. The cells were processed as per kit protocol. The sample is first deproteinized with the 5% 5-sulfosalicylic acid solution. Glutathione content of the sample is then assayed using a kinetic assay in which catalytic amounts of glutathione cause a continuous reduction of 5,5′-dithiobis-(2-nitrobenzoic) acid (DTNB) to TNB. The oxidized glutathione formed is recycled by glutathione reductase and NADPH. The product, TNB, is assayed colorimetrically at 412 nm. EAT cells (5 × 106) were treated with EEGE (50 μg/ml) for 8, 12 and 24 hours in a 96-well plate followed by analysis of intracellular ROS using the oxidation-sensitive fluorescent probe 2,7-dichlorofluorescein diacetate (DCFH-DA). DCFH-DA enters cells and is hydrolyzed to membrane-impermeant dichlorofluorescein, which reacts with ROS to form the highly fluorescent dichlorofluorescein. Briefly, EAT cells were loaded with 5 μM DCFH-DA for the last 30 min of EEGE and the fluorescence of the generated DCF was measured in a fluorimeter plate reader at 490 nm excitation and 538 nm emission. Corrected values according to the cell number estimated by the trypan blue assay and the amount of ROS formed was expressed relative to the control [21, 22]. DNA fragmentation was evaluated by using protocol described by McGahon et al. (1995) with modification. EAT cells (5 × 106) were incubated with the EEGE at different concentrions (0, 25, 50, 100 μg/ml) for 48 hours to estimate the DNA fragmentation at 37°C. After 48 hours, cell suspension containing 4-6×105 cells in a microcentrifuge tube was centrifuged for 5 min at 2000 × g, 4°C. The cell pellet was processed to isolate the DNA as per the protocol followed by addition of 10 pg/ml RNase (Boehringer Mannheim, Indianapolis, IN) and were incubated at 50°C for 1 hour. DNA was purified using DNA purification kit from Qiagen as per manufactures protocol. Extracted DNA was dissolved in 50 μL TE buffer, and electrophoresis was performed on a 1.8% agarose gel containing ethidium bromide and densitometric analysis of bands was done by ImageJ Software (NIH, USA). EAT cells (5 × 106) were incubated with EEGE (0, 25, 50, 100 μg/ml) for 72 hours and followed by measurement of caspase-2, caspase-3 and caspase-9 activities using colorimetric protease kits as per the manufacturer’s protocol. To prepare total cellular protein, cells were pelleted by centrifugation and lysed on ice and total protein concentration in the lysate was measured. With each X-pNA substrate (200 μM final concentration) 200 μg of proteins were incubated at 37°C for 4 hours in a 96 well plate. The absorbance of the samples was measured at 405 nm and the increase in the caspase activity of treated cells was determined by comparing the results with the untreated cells and standard drug after background correction. Detection of apoptosis was performed using the Annexin V-FITC/PI apoptosis detection kit according to manufacturer’s protocol. Briefly, both EEGE treated and untreated EAT cells were washed in 1× PBS and stained with annexin V-FITC conjugate and PI. Cells were then analyzed by flow cytometry (BD FACSCalibur, USA) using BD CellQuest acquisition and analysis software. The antitumor activity of EEGE was evaluated by measuring survival time and tumor growth inhibition. Mice were inoculated with 6×106 EAT cells by i.p. route. After 24 h, EEGE was administered by i.p. injections of 0.2 ml per mouse. Endpoint of experiments was determined by spontaneous death of animals. The ascitic fluid from the peritoneal cavity of tumor bearing mice was quantitatively isolated by peritoneal lavage after death. The total number of tumor cells was counted by the trypan blue exclusion method. EEGE solutions were prepared in PBS containing 10% Tween 80. Control mice received the vehicle control as i.p. injection of 10% Tween 80 in PBS for the same time period. An extended 35-day toxicity study of EEGE was conducted in adult swiss albino mice with daily doses of 300 mg/kg. Two groups of six animals each were used for toxicity study where animals had free access to water and food. The first group was served as vehicle control and second group was given 300 mg/kg of EEGE in PBS, containing 10% Tween 80, by i.p. injections of 0.2 ml per mouse, once daily. Every day morning clinical signs of gross toxicity, behavioral changes and mortality were observed. Body weight of individual animal was recorded before and at the end of experiment. After 24 hours of the administration of the last dose, the animals were euthanized by anesthetizing with ketamine hydrochloride and xylazine hydrochloride administered . Whole blood was then sampled from the retro-orbital sinus with suitable hematological tube. For hematology assays 150 μl was retained and the remaining volume was used for serum biochemistry. The blood for serum biochemistry was allowed to clot at room temperature and was centrifuged at 3000 rpm for 10 min for serum separation. After blood collection, all mice were killed by cervical dislocation and liver and kidneys were collected, washed in PBS, fixed with 10% formalin and stored for histopathological examination. Whole blood was immediately analyzed for complete blood count with differential and platelet count using the fully automated analyzer (Hitachi, Tokyo, Japan). Serum samples were analyzed for AST, ALT activities, and also ALP and LDH levels by commercial kits as per manufacturer’s instruction. Routine histological processes were employed for paraffin inclusion, sectioning and H/E staining of liver and kidney from mice treated with EEGE and vehicle control. A histopathologist performed a complete examination of the tissues. All in vitro experiments were performed in triplicate and results are represented as means ± SD. Significant differences among groups was performed by ANOVA followed by Tukey test. The survival of mice was demonstrated using the Kaplan–Meier method and the logrank (Cox–Mantel) statistical test was applied to compare the curves for non-parametric procedures. Values where p < 0.05, differences were considered significant at representing two-sided test of statistical significance. Cytotoxicity induced by EEGE in EAT cells was evaluated by using MTT reduction and phosphatase activity with different concentrations of EEGE after 72 hours of treatment (Figure 1). EAT cells were exposed to various concentrations of EEGE and it resulted in a significant negative effect in cell proliferation, with the IC50 of 45 μg/ml observed in MTT reduction and phosphatase activity assays. At low concentrations of EEGE, a non-significant acceleration of cell growth was observed (Figure 1). By using trypan blue dye exclusion method, the effect of EEGE in EAT cells in vitro assay we also confirmed the above observation. Cells exposed to EEGE for 72 hours decreased cell viability in a dose-dependent manner (Figure 2). At 50 μg/ml dose the EAT cells viability was close to 65% and the maximum decrease of 15% was observed at 100 μg/ml. From these results, we were convinced that the EEGE potently inhibits the proliferation and viability of EAT cells and we continued with further investigations. EEGE was able to inhibit proliferation of human lymphocytes also, however the potency was not comparable to EAT cells, presenting IC50 nearly 1.5 fold higher as 70 μg/ml than for EAT cells, as observed in the MTT assay after 72 hours of incubation with EEGE in the same range of concentrations (Figure 1). For further in vitro analysis EEGE was used at 25, 50 and 100 μg/ml for cellular assays. Cytotoxicity of EEGE in EAT cells (3 × 10 5 cells/ml; solid line) and human lymphocytes (1 × 10 6 cells/ml; dashed line) after 72 hours of incubation. Effects of EEGE on MTT reduction (▲) and protein phosphatase activity (●) is expressed relative to control cell viability (100%) and each point represents the mean ± S.D. Effect of EEGE on the viability of EAT cells (3 × 10 5 cells/ml) determined by trypan blue exclusion test after 72 hours of incubation. The results present the mean ± S.D. of three experiments run in quadruplicate. ROS is known to be a key player in highly organized cellular functions such as pathways of signal transduction and apoptosis and a role for oxidative signaling in the cytotoxicity of marine product in cancer cells has been previously reported . In this context we investigated a potential role of oxidative stress in the alteration of cellular sensitivity to EEGE. EAT cells treated with EEGE for 30 min were used for estimation of ROS level after the addition of DCFH-DA. The time-course effect of EEGE on the EAT cell intracellular peroxide levels is presented in Figure 3. Intracellular ROS production was observed at 8–24 hours after incubation of tumor cells with 50 μg/ml of EEGE as compared to control cells, and found to be significantly increased (p < 0.01). Increase in peroxides amounts generated by EAT cells was also noted to be time-dependent, with significantly higher (p < 0.01) at the beginning of treatment such as 8 and 12 hours in comparison with the 24 hours time point and the peroxides levels reached to normal after 24 hours exposure in EAT cells. Time-course effect of EEGE on ROS generation in EAT cells. The fluorescence intensity of DCF was monitored at 538 nm, with excitation wavelength set at 490 nm, and used to indicate the level of intracellular peroxides formation. Changes in DCF fluorescence in tumor cells were measured at 8, 12, 16, 20 and 24 hours after treatment with 50 μg/ml of EEGE, *p < 0.01 compared to control and 24 h-time points (ANOVA, Tukey test). The results express the mean ± S.D. of three independent experiments run in duplicate. With observation of an oxidative cytotoxic mechanism, we further measured the level of glutathione (GSH), the major non-protein thiol in mammalian cells with chemoprotective action, particularly associated with antioxidant defense. EAT cells treated with EEGE were found reduced the GSH levels to half (Figure 4). And this pattern of decrease was seen statistically significant at all concentrations (25, 50, 100 μg/ml, p < 0.01) of EEGE when compared with the control cells. Alteration on GSH levels of EAT cells (3 × 10 5 cells/ml) treated with EEGE for 72 h, *p < 0.01 compared to control cells (ANOVA, Tukey test). The results present the mean ± S.D. of three experiments run in duplicate. To understand the mechanism of cytotoxicity of EEGE to EAT cells, we investigated the nuclear DNA fragmentation based apoptosis approach, a characteristic hallmark of apoptotic cells. As observed in Figure 5, DNA fragmentation in EAT cells was dose-dependently increased with EEGE treatment. The control untreated cells produced 10% of fragmentation, while EAT cells treated with 25, 50, and 100 μg/ml of EEGE for 72 hours produced 21, 27, and 43% of DNA fragmentation, respectively (p < 0.05). These DNA fragmentation observation suggests that EEGE induces EAT cells killing by the process of apoptosis. For detailed understanding of cell death and differentiation between cells undergoing necrosis or apoptosis in the EEGE-mediated cell death, EAT cells were treated with similar concentrations of EEGE as in DNA fragmentation experiment (25, 50 and 100 μg/ml) for 72 hours and analyzed by flow cytometry using PI and FITC conjugated Annexin-V labeling. Changes in membrane phospholipid bilayer, such as externalization of the phosphatidylserine, which can be stained with Annexin-V-FITC, are characteristic of cells undergoing apoptosis. In contrast, loss of membrane integrity, shown by PI staining, has been associated with necrosis. Analysis by flow cytometry of EEGE-treated cells stained with Annexin- V-FITC directed that apoptosis is major factor for cell death as there is significant increases in Annexin-V-FITC positive populations after 72 hours of exposure to 50 μg/ml (p < 0.05) and 100 μg/ml (p < 0.01) EEGE. A considerable increase in Annexin-V-FITC staining of 100 μg/ml over 50 μg/ml treated samples was observed (Figure 5). These results supported the higher DNA fragmentation levels determined in 100 μg/ml EEGE treated cells (Figure 6). In addition, small, but statistically significant (p < 0.05), populations of cells were Annexin-V-FITC/PI double stained after treatment with 50 and 100 μg/ml, while only at the highest dose of EEGE a significant (p < 0.05) PI-positive population could be determined (Figure 5), reflecting cell death by necrosis, which might be related to the longer period of incubation with the algae extract. Significance of caspases in apoptosis very well documented and the role of caspase-2, caspase-3 and caspase-9 in the EEGE induced EAT cell death was examined. After 72 hours of incubation with EEGE, cells treated with 25 μg/ml of the algae extract a significant increase (2 fold) for all caspases activities when compared to the control cells (p < 0.01) (Figure 7). Treatment of cells with 100 μg/ml EEGE resulted in 4.5, 5 and 6-fold increases of caspase-2, caspase-3 and caspase-9 activities, respectively (p < 0.01). These biochemical features, as high DNA fragmentation, low membrane rupture, high phosphatidylserine externalization and activation of effector caspases are most likely indicative of activation of an apoptotic death pathway by EEGE in EAT cells. Effect of EEGE on apoptosis induction. EAT cells were treated for 72 hours with 25, 50 and 100 μg/ml EEGE for 72 hours and harvested for quantification of Annexin-V-positive, PI-positive, and Annexin-V/PI-positive cells by flow cytometry, a) graph indicating increase in the early apoptotic events in EEGE treated cells, b) representative dot plot from the flow cytometry data. Percentage data of DNA fragmentation obtained by DPA method in EAT cells (3 × 10 5 cells/ml) treated with different concentrations of EEGE for 72 hours, *p < 0.01 compared to control cells. **p < 0.01 compared to control cells and to 25 and 50 μg/ml treatments (ANOVA, Tukey test). The results express the mean ± S.D. of three experiments run in duplicate. Alterations on caspase-2, caspase-3 and caspase-9 activities after incubation of EAT cells (3 × 10 5 cells/ml) with different concentrations of EEGE for 72 hours, *p < 0.05 compared to control cells. **p < 0.01 compared to control cells and to 25 and 50 μg/ml treatment (ANOVA, Tukey test). The results express the mean ± S.D. of two experiments run in triplicate. With evidence from the in vitro studies for the antitumor potential of this algae extract, we continued to investigate with in vivo model in this study. The effect of EEGE on the survival time of EAT cells bearing mice was evaluated and is presented in Figure 8. EAT cells were injected intraperitoneally to mice and these cells grew as ascites tumor with accumulation of large volume of ascitic fluid in the peritoneal cavity. Survival of the control group was found to be at 50% on the 32nd day after tumor inoculation and no animal survived beyond the 34th day. Whereas survival of EEGE (300 mg/kg) treated EAT cells bearing animals was 100% on the 38th day and 15% in the 45th day, with no animal alive beyond day 48. All the doses of the algae extract tested in this experiment (100, 200 and 300 mg/kg) significantly altered the rate of mice survival (p < 0.05). No significant statistical difference was observed between mice treated with 100 and 200 mg/kg of EEGE. The administration of 100, 200 and 300 mg/kg of EEGE after tumor inoculation resulted in a significant inhibition of tumor growth (p < 0.05), as evident from a 75% reduction in intraperitoneal tumor cell burden on the day of death. Mice treated with 100, 200 and 300 mg/kg EEGE presented 3.6 ± 2.3 × 107, 3.8 ± 2.1 × 107 and 3.9 ± 2.8 × 107 viable ascites cells, respectively, while the control group presented 12.1 ± 3.4 × 107. Survival of EAT cells bearing animals treated with EEGE. Mice were inoculated i.p. with 6 × 106 cells and after 24 h, they were treated i.p. with daily 0.2 ml injections of 25 μg/ml (♦), 50 μg/ml (▲) and 100 μg/ml EEGE (●) throughout their lifespan. Mice from the control group were treated with 0.2 ml of vehicle, PBS containing 10% Tween 80 (▪). Curves were represented by the method described by Kaplan–Meier and differences among groups were analyzed by Log-rank (Cox–Mantel) test for non-parametric procedures (*p < 0.05 compared with vehicle-treated tumor group and n = 6/group). After encouraging effect of EEGE in inhibiting cancer progression in vivo, we evaluated the undesired side effects of the i.p. administration of daily doses of 100, 200 and 300 mg/kg of EEGE for 35 days in healthy adult swiss albino mice. Drug toxicity was assessed by clinical signs of gross toxicity, behavioral changes and mortality, including hematological, biochemical and histopathological parameters. No animal death was observed in any of the groups during the experimental period of 35 days. No abnormal clinical signs or behavioral changes were observed in any of the groups, and changes in body weights of the EEGE-treated groups were not significantly different between any groups including the control group after 35-days of treatment period (Table 1). There were no significant changes in hematological parameters in the EEGE-treated groups (Table 2). Similarly, no significant differences were found between the EEGE-treated groups and the controls for the three blood chemical parameters evaluated (Figure 9), AST, ALT, ALP and LDH, which were within the physiological range of values expected for the method of blood collection . These data indicate that daily intraperitoneal injections of EEGE at doses up to 300 mg/kg for 35 days did not cause hematotoxicity nor poses risks of renal or hepatotoxicity. At necropsy, no visible pathological changes were noted in the livers and kidneys of mice administered EEGE at 100, 200 and 300 mg/kg doses. Histological analysis of formaldehyde-fixed, paraffin embedded liver and kidney sections stained with hematoxylin and eosin showed normal architecture in all experimental groups. Livers of animals treated with different doses of EEGE showed no sign of necrosis, fatty degeneration, or inflammation (Figure 10a). Similarly, glomerulus structures, and proximal and distal tubules in kidneys showed normal architecture (Figure 10b), pointing out that EEGE did not cause toxicity to these organs. Aspartate aminotransferase (AST), Alanine aminotransferase (ALT) activities, Alkaline phosphatase, and LDH levels in serum from mice treated with different doses of EEGE. The results express the mean ± S.D. (n = 6/group). ANOVA was performed for statistical comparison among groups. Histological findings (40×) in liver and kidney of mice treated with different doses of EEGE. Adult swiss albino mice were treated i.p. with daily 0.2 ml injections of 100, 200 and 300 mg/kg EEGE and on the next day after the last injections, liver and kidney were submitted to routine histological processes. Mice from the control group were treated with 0.2 ml of vehicle, PBS containing 10% Tween 80. (a) Normal liver histological findings and (b) normal kidney histological findings. The nature has been constant source of inspiration and unsolved puzzle as source of medicinal compound ; especially the marine source has been a reliable source of novel medicinal molecules [29, 30]. The interplay of this source with advanced technologies can be extended towards enhancing the discovery process and it leads to the new hope of investigating new natural products will continue to turn up even useful drugs to treat cancer . In our earlier report we demonstrated an initial investigation of G. edulis as a potential candidate for cancer treatment and due its high toxicity in cancer cells. G. edulis is a rich source of combination of amino acids, tissue nutrients, and pigments , fatty acid, palmitic acid and high protein content . In view of these facts, this study was an attempt to evaluate the in vivo and in vitro antitumor activity of G. edulis against EAT cells and we used the ethanolic extract of the marine product as a known source of pathological activity . In addition, cultures of normal human peripheral blood lymphocytes and a 35-day toxicity study in mice were conducted to determine its possible toxic effects. The cytotoxicity effect of EEGE was the primary considerations as the significant activity to induce cell death, and this was demonstrated by MTT cytotoxic assay in EAT cells and lymphocytes in addition to phosphatase activity. MTT is reduced to formazan in cells indicating cell redox activity and the reaction is an effect of mitochondrial enzymes and electron carriers . In natural compounds phosphatase activity determination is a successful tool to evaluate cytotoxicity and as a parameter to study the role of the natural compound induced adaptation to apoptosis and oxidative stress [37, 38]. The IC50 for the compound was similar in these two methods and this cytotoxicity probably reflects the cell response to particular kinds of damage, in this case, mitochondria insult and/or oxidative stress. Additionally the dye exclusion assay using trypan blue also confirmed that the reduction on cell viability and cell number was due to the cytotoxic action of G. edulis to EAT cells. In contrast to the activity against the EAT cells, EEGE showed lesser effectiveness in normal human peripheral blood lymphocytes in similar experimental conditions, where the IC50 value was about two fold higher than EAT cells. This is in agreement with results previously published for other marine natural products . This reinforces the lower EEGE toxicity for non-tumor cells than for tumor cells and suggesting G. edulis as a promising agent for cancer management. When anticancer agents (whether in vivo or in vitro) are used for treatment in cancer cell population, large changes may occur in the cell, and in result of that many cells are killed by the treatment, while others remain unaffected, either because they are resistant or because of biochemical, cell cycle, or extra-cellular environmental sanctuaries. The major non-protein thiol of the cell, GSH has chemoprotective action and the ratio of reduced glutathione (GSH): oxidized glutathione (GSSG) is maintained at the optimum by the cell as the ratio is critical to survival; a deficiency of reduced form of glutathione is a risk of cell to oxidative damage since this ubiquitous cellular tripeptide plays a vital role in protecting cells against oxidative damage by free radicals . In many pathological conditions including cancer the ratio is observed as altered [41, 42], distinct responses to chemotherapeutic drugs have prompted cellular GSH modulation as target for cancer chemotherapy . Earlier studies have presented evidence of correlation of high GSH content and increased resistance to anticancer agents [44, 45]. This could be a cell- or cancer-specific response and would be especially important to find a drug, which can lower the GSH level and helps in sensitivity to certain drugs, radiation and oxygen. GSH level of a cell makes it more resistant to certain antitumor agents, radiation and oxidative effects. On the other hand, therapy that decreases cellular GSH levels usually promotes sensitivity to certain drugs, radiation and oxygen . It is also observed by other investigators GSH plays important roles in antioxidant defense, nutrient metabolism, and regulation of cellular events including gene expression, DNA and protein synthesis, cell proliferation, apoptosis, signal transduction, cytokine production and the immune response . Results obtained in this study indicate that G. edulis exhibits a dose-dependent cytotoxicity to EAT cells in parallel with reduced levels of GSH for all concentrations used. Cell death induced by oxidative stress by G. edulis may have impact on growth or death related factors and in reduction of intracellular GSH, and conferred altered antioxidant system. From earlier studies reported by numerous investigators it is understood that increase in intracellular ROS and depletion of intracellular GSH to occur with the onset of apoptosis [48–50]. Morphological alterations observed in the EAT cells treated with G. edulis such as ruffling, blebbing, condensation of the plasma membrane, and the aggregation of nuclear chromatin were in concurrent with the initial hypothesis. Involvement of ROS production in colon HT29 cells death induced by natural products derived from marine source demonstrated by individual investigators [51, 52] and the nuclear fragmentation investigated as proof of induced apoptosis in oral squamous cell carcinoma cells . Current drugs commonly used in anticancer therapy induce apoptosis in target cells, and it involves both receptor-mediated and mitochondrial-mediated pathways. Disruption of the mitochondrial membrane potential, cytochrome c release and activation of different caspases have already been described following treatment of EAT cells with different natural agents [54, 55]. DNA fragmentation is observed as an initial event in apoptosis and is considered to occur at an early stage of apoptosis . In this present study we observed that apoptosis was an associated event in EAT cells after incubation with G. edulis and increase in the percentage of fragmented DNA quantified by the diphenylamine method, which occurs concurrently with an increase in Annexin-V-FITC positive cells as an indicator of apoptosis. EAT cells incubated with G. edulis demonstrated increase in all caspase evaluated including caspase-2, caspase-3 and caspase-9. Caspases are important members in apoptosis mediated cell death and it is well-known that the ROS level may influence the membrane potential in mitochondria, and these caspases in mitochondria induce release of pro-apoptotic factors by caspase cascade activation . Upstream caspases in mitochondria are activated by pro-apoptotic signals from the cytoplasm leads to proteolytic activation of downstream caspases like caspase-3, followed by cleavage of set of vital proteins and apoptotic degradation phase is initiated in the cell including DNA degradation and the typical morphologic features . Cell death by apoptosis was also reported in glioma cell after treatment with marine sponge, which was correlated with the elevation of ROS and calcium levels, the impairment of mitochondrial function and the activation of caspases and DNA degradation . Depletion of glutathione is reported to be associated with apoptosis following enhanced cell death of tumor cells where the essential sulfhydryl group of glutathione is lost resulting in a changed calcium homeostasis and ultimately loss of cell viability. ROS generation by G. edulis treatment in the EAT cells leads to increase in reduced GSH contents and may contribute to the cell death. The results from this study indicate G. edulis exhibited antiproliferative and apoptotic activities against EAT cells in vitro and is a promising candidate for extensive screening in animal model. To the best of our knowledge, we report the in vivo antitumoral activity of G. edulis for the first time. An expected rapid increase in ascites tumor volume was observed in EAT cells bearing mice. Ascitic fluid serves as direct nutritional source for tumor cells and is highly essential for tumor growth and a rapid increase in ascitic fluid meets the nutritional requirement of tumor cells . Animals treated with low doses of G. edulis inhibited the tumor volume, viable tumor cells count and increase survival rate of EAT cells bearing mice, opposed to the reports with high doses of compound from natural products from variety of sources including marine. Even though the mechanism of action by which G. edulis is able to produce these significant results is still not clear, observed properties like changes in ROS production, GSH level and activation of apoptosis followed by cell death may be the contributing factors towards its anticancer activity. Mice bearing EAT cells showed increase in survival time after treatment with G. edulis deserves further investigation. This is first kind of study exploring the pharmacological activities especially the anti-tumor activities of G. edulis and consistent toxicity study of G. edulis in vivo, where the complete hematology is described, and the liver and kidney functions were investigated by biochemical determination of AST, ALT, ALP and LDH levels and histopathological examination of these tissues in mice given daily i.p well tolerated doses of 100, 200, 300 mg/kg of EEGE. Animals treated with G. edulis showed no clinical signs of gross toxicity or change in behavior. And the treatment did not affect the body weight gain in comparison with the control group. Results from this study from all experiments congregate to a noticeable observation of the antitumoral activity of G. edulis on EAT cells in vitro and in vivo, and there was no considerable toxicity to major organs in mouse model. It is important to mention that cautious observation of such natural products from marine source to be a significant candidate in antitumor and apoptosis inducing drug group and to combat human cancer where formation of peritoneal malignant ascites is a fundamental basis of morbidity and mortality. The authors are thankful to Dr. Sridharan, Professor, Department of Botany, National College, Trichy, India, for identification and authentication of Gracilaria edulis. The authors declare that there are no conflicts of interests. SP designed the experiments and wrote the manuscript; SP and MMS participated in the experiments; MMS provided algae material and contributed to the manuscript writing process. Both authors read and approved the final manuscript.

2019-04-24T04:23:36Z

https://bmccomplementalternmed.biomedcentral.com/articles/10.1186/1472-6882-13-331

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The customer is referred to in this Agreement as "you" or "your." The Bank is referred to in this Agreement as "Bank," "us," and/or "our." The internet banking service is referred to as “Online Banking”. You should carefully read this Agreement, the Bank's instructions on the use of Online Banking and Bill Pay, as they may exist and as may be amended from time to time ("Instructions). If you use Online Banking or permit another to use Online Banking on your behalf, you agree to the terms and conditions stated in this Agreement. You must follow all of our instructions and procedures applicable to the services covered by this Agreement. 1. Other Accounts, Loan Agreements and Services These terms and conditions are in addition to those that apply to any accounts you may have with us, loan or credit agreements, or any other services you obtain from us, including your signature card, the account and depositing disclosures, agreements, and fee schedules, the terms and conditions of any loan or credit agreements, the accompanying schedules and disclosures, and any change of terms notices. If you have more than one account or other relationship with us, you may "link" the relationships together as we permit. Accounts that are linked under Online Banking must have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account (see section 16). 2. Electronic Fund Transfer Act and Regulation E The Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E (“REG E”), govern some of the transactions permitted through Online Banking. Some of the terms and conditions of this Agreement are disclosures required by REG E. You will be required to assure any computer and browser software used for accessing Online Banking meets the minimum requirements. (In this Agreement, your computer and the related equipment are referred to together as your "Computer"). You must have a computer and an internet browser that will support 128 bit encryption. You will also need internet access through an Internet Service Provider (ISP) and access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures and statements. You are responsible for the installation, maintenance, and operation of your Computer and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your Computer or your software correctly. The Bank is not responsible for any errors or failures from any malfunction of your Computer or your software. The Bank is not responsible for any Computer virus related problems that may be associated with the use of the Online Banking system. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. Access Code When you enroll in Online Banking you will create a User ID and a Password (the User ID and Password collectively are referred to as the "Access Codes"). You will need the Access Codes to gain access to Online Banking. Use of the Access Codes is the agreed security procedure between you and the Bank. Keep your Access Codes confidential in order to prevent unauthorized use and possible loss to your accounts. Anyone to whom you give or disclose your Access Codes will have full access to your accounts, even if you attempt to limit that person's authority. There is no charge if you change your Access Codes for security reasons. If you forget your Access Codes you must contact the Bank to have new temporary Access Codes issued to you. It may take several days before you receive these Access Codes. Under no circumstances should a Bank employee request your Access Codes (including your Password) through Online Banking, over the Internet, or through other contact. Do not respond to any such request, even if the person claims to represent the Bank. 5. Security The Bank is committed to the security of its customers' accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your accounts and transactions with Online Banking. The Access Codes are the Access Devices to your accounts and other services provided herein; providing the Access Devices to another person effectively constitutes a grant of authority to access your accounts under REG E. The following guidelines should assist you in these efforts: Do not give or disclose any part of your Access Codes to anyone, including any Bank employee, particularly while on the telephone or online or while using the Internet. Do not leave your account information out in an open area accessible by others, including your Computer screen. Do not send your Access Codes or privileged account information over any public or general e-mail system. Do not leave your Computer unattended while you are connected to Online Banking. Please observe these guidelines. Remember, you may be held liable for the unauthorized use of your Access Codes (see section 15.1). 6. Online Banking Services To subscribe to Online Banking, you must have at least one account with the Bank. Your Online Banking subscription includes a Basic Service Package free of charge, and additional Products and Services, for which service fees may be charged. These lists are not exhaustive and the Bank may offer additional services in the future. This Agreement is intended to cover all services offered by Online Banking, including future services. In most cases you may use Online Banking to gain access to deposit accounts in which you have an unrestricted right to withdraw funds and line of credit accounts in which you have an unrestricted right to borrow money. However, the Bank, as it may determine at any time and from time to time in its sole discretion, may deny Online Banking account access, restrict Online Banking account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account. 7. Description of Online Banking Functions/Services Depending on your particular Online Banking subscription, you may perform some or all of the following transactions: 7.1 Banking Functions If you subscribe to this service, you, or someone you have authorized by giving them your Access Codes, may use Online Banking to: (a) transfer funds between your accounts, (b) obtain account balances and transaction information for your accounts, (c) review the history of transactions, and (d) send electronic mail (e-mail) to Customer Service Representatives at the Bank. These features of Online Banking are limited by and subject to the terms and conditions described below: Your ability to transfer funds between certain accounts is limited by federal law, as stated in the Deposit Agreements. For example, you can make no more than six (6) transfers from a savings or money market savings account during any one (1) calendar month or statement cycle (the period from one statement to the next) or similar period of at least four weeks, to another of your accounts with us or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction or by check, draft, debit card, or similar order made by you and payable to third parties. A “preauthorized transfer” includes any arrangements by us to pay a third party from your account upon written or oral instruction (including an order received through an automated clearing house (ACH) or any arrangement by us to pay a third party from your account at a predetermined time or on a fixed schedule). Transfers made using both Online Banking and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers. Instructions to transfer funds between deposit accounts must be sent by 4:00 p.m. Central Time to be processed the SAME business day. Transfers received after 4:00 p.m. Central Time will be processed ONE business day later. Each transfer made from a loan account (e.g., an overdraft checking account) is treated as a cash advance from that account and is subject to terms of any loan or other applicable agreement you may have with the Bank. The Bank will not immediately receive e-mail that you send. Therefore, you should not rely on e-mail if you need to communicate to the Bank immediately. For example, if you need to stop payment on a check, to report a lost or stolen card, or to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately by calling our Online CSR (see section 12). The Bank will not take actions based on your e-mail requests until the Bank actually receives your message and has a reasonable opportunity to act. Transaction information for your accounts will be available from Online Banking for a period of no more than 60 days prior to the date of the inquiry. The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time and from time to time in its sole discretion. 7.2 Bill Payment Service The Bill Payment service is an electronic payment system that permits you to initiate and authorize payments from your accounts to payees that you have selected in advance to receive payments by means of this service. (A "payee" is a person or business you are paying.) You have the option of setting up a payee as one of two bill payment types: (1) scheduled payments, which are payments of a fixed amount that are paid at a regular time interval, such as monthly (e.g., rent, mortgage, etc.); and (2) on demand payments, which are payments that vary in amount and/or date (e.g., utility, credit card, etc.). After you have established a scheduled or on demand payment authorization, the Bank will automatically execute bill payments according to your instructions until you have properly notified the Bank, in accordance with the Bank's procedures in effect at that time, of any cancellation of or change to your instructions. To subscribe to Bill Payment ("ePay"), you must have at least one checking account with the Bank. If you subscribe to this service, you may use ePay to make payments from one checking account, designated by you as your Primary Account. An account that requires two or more signatures to make withdrawals may not be designated as a Primary Account. To pay bills using ePay, you must use your Computer and the software to authorize a payment from your Primary Account. After your instruction is received, payment will be made electronically or by preparing a paper check to the payee via first class mail. You must set the payment date to at least ten (10) business days for checks and three (3) days for electronic prior to the date you wish the payment to reach the merchant. Our cut-off for payments is 8 pm CST; but, this cut-off time is not universal since some companies have their own cut-off. You may use ePay to authorize automated recurring payments in order to pay recurring bills. These payments must be for the same amount each month and they will be sent on the same calendar day of each month, or on the following business day if the regular payment day falls on a Saturday, Sunday, or Federal Banking Holiday. When you have entered and transmitted a payment instruction, you authorize the Bank to reduce the Primary Account accordingly. Funds for payments are deducted from your account on the day specified by you for electronic payments. If paid by check, the funds will come out of your account on the day that the check clears the bank. If there are insufficient funds in the Primary Account to make payments you have authorized, The Bank may either refuse to pay the item or it may make the payment and thereby overdraw the Primary Account. In either event, you are responsible for any non-sufficient funds ("NSF") or overdraft charges the Bank may impose, as stated in the Deposit Agreements. Your ePay account may be suspended if payments are returned for any reason. The Bank reserves the right to refuse to honor payment requests that reasonably appear to the Bank to be fraudulent, incomplete, erroneous, or if you do not follow the Bank's instructions for ePay. In addition, the Bank will not be able to execute any bill payment if the payee cannot or will not accept such payment. Using ePay, you can only pay payees with United States addresses. While most payments can be made using ePay, the Bank reserves the right to refuse to pay certain payees. The Bank also reserves the right to terminate your use of the Bill Payment service (see section 15 for additional Customer Responsibilities). Enrollment in this service is optional. You will also be bound by the additional Terms and Conditions of ePay that will be provided upon enrollment. eMessenger – This service allows you to set up a variety of account balance or transaction alerts that will be sent to your email or via text message when they occur. eMobile – This service allows you to view and receive account alerts, view account activity, transmit mobile deposits, and transfer funds between your bank accounts from your mobile device. Enrollment in this service is optional. You will also be bound by the additional Terms and Conditions of eMobile that will be provided upon enrollment. eStatements – This service allows you to receive your account statements through Online Banking instead of receiving paper statements by mail. You will receive an email to your primary e-mail address whenever your eStatement is ready. Enrollment in this service is optional. You will also be bound by the additional Terms and Conditions of eStatements that will be provided upon enrollment. The Bank offers External Transfer services by means of electronic transfers. These services include both one-time and recurring transfers. A one-time external transfer transaction is an electronic transfer request that is a single transaction without instructions to repeat at a future date. Recurring transfers are for transfers arranged in advance to be paid on two or more future dates. The External Transfer service allows for both inbound and outbound transfers. Inbound transfers are initiated through this service and deposited to an account held at the Bank from an account at another institution. Outbound transfers are initiated through this service to send funds from an account held at the Bank to an account at another institution. You must be the owner of the account at the Bank and the account at the other institution. You agree that you will only attempt to register accounts for which you have the authority to transfer funds. You will be required to complete the verification process for each account held outside the Bank that will be utilized with the External Transfer service. There is no fee to initiate inbound external funds transfers. There is a $.50 per transfer charge for outbound external funds transfers. The minimum transfer amount is $10.00. Standard Transfers – Standard transfers require a minimum of 3 business days for the transfer to be completed. The cut off time for standard transfers is 8:00 p.m. Central Time. Any transfer made after the cut-off time will be initiated the next business day. Next Day Transfers - Next Day transfers require a minimum of one business day for the transfer to be completed. In order to complete a next day transfer you must have no history of negative activity or NSF items related to External Transfer. For inbound next day transfers, you must have successfully completed an inbound transfer of $500.00 or greater and it must be 5 days since the last qualified transfer. The cut off time for next day transfers is 3:00 p.m. Central Time. Any transfer made after the cut-off time will be initiated the next business day. You will periodically receive messages to your primary e-mail address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Your primary e-mail address is defined in Online Banking and you are responsible for updating the address should it change. The Bank reserves the right to refuse to complete transfer requests using External Transfer. The Bank also reserves the right to terminate the use of the External Transfer service. You must have sufficient funds in the designated account for the requested External Transfer at the time of the withdrawal. If sufficient funds are not available to complete the External Transfer, the transfer request will not be fulfilled and the External Transfer service may be suspended or terminated. 8. Third Party Software; Virus Protection The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with Online Banking (e.g., Quicken, Microsoft Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your Computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your Computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software. 9. Fees Access to Online Banking is provided at no charge. Depending on which services within Online Banking you subscribe to, you may be charged the applicable fee. The Online Banking Fee Schedule is provided below. The Bank may change or add any fees for Online Banking by the following procedures outlined in Section 26 for amending this Agreement. In addition to the fees noted here, the service charges and fees provided for in the Deposit and Line of Credit agreements, if applicable, will continue to apply. You authorize the Bank to deduct all applicable Fees from the Primary Account you have specified. The Bank is not responsible for any telephone and Internet Service fees you incur in connection with your use of Online Banking. 10. Right to Stop Payment Under the EFTA you have certain stop-payment rights and obligations for "preauthorized electronic fund transfers". A PEFT is an electronic fund transfer that is authorized in advance and is scheduled to recur on a periodic basis. One-time transfers authorized in advance, however, are not PEFTs and are instead governed by section 10.2. 10.1 Preauthorized Electronic Fund Transfer. You can stop any PEFT by calling or writing to us (see Section 12 for telephone number and address) at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call. 10.2 Electronic Fund Transfer Authorized in Advance. You may have an opportunity to stop a one-time transfer authorized in advance by calling or writing to us (see Section 12 for telephone number and address) at least three (3) business days before the payment is scheduled to be made. The EFTA, however, does not obligate us to honor this request, and we do not guarantee that such a stop-payment will be made on time. Furthermore, you should realize that a one-time electronic fund transfer is irrevocable and cannot be stopped if it is scheduled to be made within three business days of our receiving of the note. 10.3 Fees for Stop-Payment. We will charge you $25.00 for each stop-payment order you give. 11. Overdrafts: Order of Payments, Transfers, and Other Withdrawals If funds are withdrawn from any of your accounts by means of electronic funds transfers, other than through Online Banking on the same business day as an Online Banking transaction, and if the account contains insufficient funds to enable both the electronic funds transfer and the Online Banking transfer or bill payment to be made, then the electronic funds transfer will have priority and the Online Banking transfer or bill payment will be refused or will result in an overdraft on your account. This is at the Bank's discretion. 12. Reporting Unauthorized Transactions or Theft or Loss of Access Codes If you believe that an unauthorized transaction has been made from your account, or if your Access Device has been lost or stolen, alert the Bank immediately by calling Online Support at: 877-465-4154 or write the Bank at: Electronic Banking Department Address: PO BOX 400 Paris, IL 61944 Hours: Monday-Friday 8:00 a.m. to 4:00 p.m. (holidays excluded) Telephone: 877-465-4154 Fax: 217-463-9014 Quickly telephoning us is the best way of reducing your potential losses, or you can e-mail the Bank contact at electronicbankingemail@bankprospect.com. Please do not include or send any personal or confindential information in an email. 13. Periodic Statements Your Online Banking payments and transfers will be indicated on monthly statements we provide or make accessible by mail or delivery service. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information. 14. Business Days and Hours of Operation The Online Banking service is generally available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Saturday, Sunday, and Federal Banking Holidays are not included. Any transaction(s), including scheduled payments, to be made on a day that is not a business day will be credited, completed, or made on the next business day. 15. Customer's Responsibility You must have enough available money or credit in any account from which you instruct us to make a payment or transfer, or for you to engage in any other transaction involving the payment or transfer of funds. You are responsible for all transactions and bill payments you authorize or make using Online Banking, including any transactions or bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges, or penalties incurred as a result. If you permit other persons to use Online Banking or your Access Device, you are responsible for any transactions they authorize from your deposit and credit accounts, including any losses, charges, or penalties incurred as a result. In regard to ePay, you are responsible for providing us with the proper payee (i.e., merchant) identification information, including the payee's address, telephone number, and your identification or account number with the payee. If you instruct us to make an electronic fund transfer to a particular payee and fail to give us the correct identification information, we are not responsible or liable for such a transfer. You should take the matter up with the payee receiving the funds in correcting such a transaction. It is your responsibility to authorize your bill payments in such a manner that your bills may be paid on time. You are responsible for any late payment or finance charges that may be imposed as a result of your failure to do this. 15.1 Customer Liability. You should notify the Bank immediately if you believe any of your accounts have been accessed or your Access Codes have been used without your permission. Contacting the bank immediately, especially by telephone, will help you reduce your potential losses. If someone used your Access Device without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your Access Device. However, you can lose as much as $500.00 if you do not notify the Bank within two (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the (60) day period has past if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank's sole discretion, we may extend the time periods. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements. 16. Joint Accounts The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user; therefore you must each have an individual sign on. Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Online Banking account. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions. 17. Bank's Responsibility The Bank is responsible for completing transfers and bill payments on time according to your properly entered and transmitted instructions. However, the Bank will not be liable for completing transfers and bill payments: If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, if the account has been closed, frozen, or is not in good standing, or if we reverse payment or transfer because of insufficient funds; If any payment or transfer exceeds the credit limit of any account or under the Instructions of this Agreement; If you have not properly followed software or Online Banking instructions on how to make a transfer, bill payment, or other transaction; If you have not given the Bank complete, correct, and current instructions, account numbers, Access Codes, or other identifying information so that the Bank can properly credit your account or otherwise complete the transaction; If you do not authorize a bill payment soon enough for your payment to be made to the payee by the time it is due; If the Bank makes a timely bill payment but the merchant nevertheless does not credit your payment promptly after receipt; If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact; If withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process; If your Computer, your software, or Online Banking was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment; If you, or anyone you allow, commits fraud or violates any law or regulation; If circumstances beyond the Bank's control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken. Such circumstances include telecommunications outages, postal strikes, delays caused by payees, fires, and floods. There may be other exceptions to the Bank's liability as stated in the deposit, line of credit, credit card, and other Bank agreements. In addition, the Bank will not be liable for indirect, special, consequential, economic, or other damages arising out of the installation, use or maintenance of Online Banking and/or its related equipment, software, or online services. 18. Disclosure of Account Information To Others To the extent necessary to carry out the Online Banking functions, the Bank may disclose information about your accounts to third parties in the following instances: Where it is necessary for completing transfers and bill payments; In order to verify the existence and condition of a Payment Account, such as a credit bureau, merchant, or for a payee or holder of a check issued by Online Banking; In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information; To protect and enforce our rights; If, in the Bank's judgment, a third party, including affiliates of the Bank, has a legitimate business purpose for obtaining such information, including offering you products or services; and if you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper). 19. Notices and Communications Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our Online Banking service or at the last known e-mail address that we have for you in our records. Notices from you will be effective when received by mail at the address specified in the Agreement. 20. E-mail Communications You should realize that e-mail transmissions are not secure. Therefore, do not send us or ask us for confidential or sensitive information, such as your Access Codes (including your PIN), account numbers, or financial information over any general or public e-mail system. 21. Error Resolution This section applies only to electronic funds transfers governed by the EFTA and REG E. In case of errors or questions about your Online Banking transactions, please telephone Online Support (see Section 12). If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you. Tell us your name and account number(s). Tell us the type, time, and date of the transaction and the dollar amount of the suspected error. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, check number, and payee account number for the payment in question. If you tell the Bank orally, it may require that you send in your complaint or question in writing within ten (10) business days after we hear from you and will then in good faith attempt to correct any error promptly. If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question, in which case, the Bank will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account. If the Bank decides that there was no error, it will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation. 22. Information Authorization You agree that the Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Bank reserves the right to obtain financial information regarding your account(s) from a merchant or other institution to resolve payment posting problems. 23. Data Recording When you contact Online Banking to conduct transactions, the information and e-mail messages you enter will be recorded. By using Online Banking, you consent to such recording. 24. Tape Recording You agree that we may tape record any telephone conversations you have with us regarding the services covered by the Agreement. However, we are not obligated to do so and may choose not to in our sole discretion. 25. No Signature Required When using Online Banking to pay bills, you agree that the Bank, without prior notice to you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature). When using Online Banking to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging your linked credit account at the Bank without your handwritten or legally acceptable electronic signature. Stricter limitations on the frequency of dollar amount of transfers. If the EFTA and REG E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days of making the change permanent. If the EFTA and REG E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice. Your continued use of Online Banking is your agreement to any amendment(s) of the Agreement, including the Instructions as may be amended from time to time. 27. Assignment The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. 28. Termination Either you or the Bank may terminate this Agreement and your Online Banking subscription at any time upon giving written notice of the termination to the other party. If you terminate Online Banking, you authorize the Bank to continue making transfers and bill payments you have previously authorized and continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized. If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized. 29. No Waiver The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 30. Captions The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 32. Enforcement In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of it's reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Illinois, if allowed by applicable law. 33. Severability Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect. IF YOU WISH TO ESTABLISH ONLINE BANKING SERVICES WITH THE BANK AND IF ALL OF THE FOREGOING IS ACCEPTABLE TO YOU, YOU MAY PROCEED TO COMPLETION OF THE ENROLLMENT PROCESS BY CLICKING THE ACCEPT BUTTON BELOW. WHEN YOU CLICK ACCEPT TO CONTINUE, YOU WILL BE SAYING THAT YOU ARE THE AUTHORIZED PERSON ON THESE ACCOUNTS AND YOU WILL BE ACKNOWLEDGING AND AGREEING THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF ONLINE BANKING.

2019-04-22T08:04:27Z

https://www.bankprospect.com/personal-banking/savings-accounts/

ctt-journal > Chernyk et al. Following injury to the central nervous system (CNS), immune-mediated inflammation profoundly affects the ability of neural cells to survive and to regenerate. The role of inflammation, comprises mostly of macrophages, is controversial, since macrophages can both induce neuronal and glial toxicity and promote tissue repair. The opposite effects of macrophages may be conditioned by their functional heterogeneity. Thus, classical pro-inflammatory macrophages (M1) are tissue-destructive, while anti-inflammatory (M2) macrophages mediate tissue repair. In addition, M2 macrophages predominantly induce the Th2 response, which is particularly beneficial in CNS repair. Using growth factor deficiency conditions we have generated M2-like macrophages and evaluated the safety and clinical efficacy of endolumbar introduction of these cells in treatment of children with cerebral palsy (CP). Sixteen children from 2.0 to 8.0 years old with severe forms of CP were enrolled in this trial. Endolumbar administration of M2-like cells was accompanied by cytokine reactions in 10 (62.5%) persons. There was no evidence of local and systemic immediate hypersensitivity reactions, hematoma or infection complications related to cell transplantation. At 3 months after therapy the average Ashworth score decreased from 3.9 ± 0.2 to 3.1 ± 0.2 in the lower extremities (p<0.01). Gross Motor Function Measure (GMFM) test improved from 12.1 ± 9.0 to 60 ± 19 points (p<0.01). Three of six children experienced seizures arrest, and four children improved mental functions (improvement of speech and understanding). M2-like macrophage introduction was not accompanied by an increase of serum levels of interferon-gamma and interleukin-17, but resulted in significant enhancement of brain-derived neurotrophic factor (from 695 ± 60 to 1183 ± 153 pg/ml; pU=0.015) and a strong tendency to enlargement of vascular endothelial growth factor (from 190 ± 41 to 240 ± 40 pg/ml; pU=0.07). Our data indicate that transplantation of M2-like macrophages via lumbar puncture is safe and improves neurological status in children with CP. However, to better define the therapeutic effect of these cells in CP, randomized controlled prospective trials and long-term follow-up are required. With damage to the nervous system, the activation of immune system and immune-mediated inflammatory reactions profoundly affect the ability of neurons to survive and to regenerate damaged axons. The role of inflammation, comprised mostly of macrophages, is controversial. Macrophages can cause neuronal and glial toxicity through the proinflammatory cytokines, free radicals, eicosanoids and proteases [9,23]. However, recent studies have demonstrated that macrophages can enhance neuroprotection and promote long-distance axon growth, sprouting, and remyelination [20,33]. The positive effects of macrophages in CNS repair are considered to be mediated through the several mechanisms including phagocytosis and clearance of cell debris and inhibitory molecules [3,8]; limiting of glutamate-mediated excitotoxicity ; production of cytokines and growth factors with neuroprotective and regenerative activity [10,14,19,26]; attraction and activation of stem cells and neural precursors [21,38,1], and recruitment of T-cells capable of local production of neurotrophic factors and regulating glial cells [17,24]. The opposite effects of macrophages on CNS repair may be conditioned by the macrophage functional type. Thus, classical pro-inflammatory macrophages (M1) are tissue destructive, while anti-inflammatory (M2) macrophages mediate tissue repair [25,15,22,20]. In addition, M2 macrophages predominantly induce the Th2 response, which is particularly beneficial in the CNS repair . Therefore, M2-like macrophages may be prospective candidates for cell therapy of brain injuries . Cerebral palsy (CP) is defined as a chronic non-progressive motor impairment syndrome due to a problem in the developing brain . CP is manifested with spastic paralysis often in combination with epileptic seizures and/or mental impairment, caused by damage to the frontal cortical (mainly motor) area of the developing brain, mostly during pregnancy . Sigmund Freud was the first who hypothesized that cerebral palsy may be closely associated with natal development. However, brain development continues during the first two years of life, so CP can result from brain injury occurring during the prenatal, perinatal, or postnatal periods. CP affects at least 2 in 1000 children, leading to more than 1 million chronic patients under the age of 21 . Since this disease does not substantially reduce the lifespan, cerebral palsy is an important social and economic problem. No evidence exists that the brain damage can be reversed; however, maturational and adaptive processes may change the clinical picture of the child over time. Treatment for cerebral palsy, therefore, has the goal not to cure or to achieve healthy subject states but to increase functionality, improve capabilities, and sustain health in terms of locomotion, cognitive functions, social interaction, and independence. Most children with cerebral palsy require lifelong medical and physical care, including physical, occupational, and speech/swallowing therapy. At the moment there is no cure for CP, so currently available treatments for patients suffering from CP are only supportive, not curative . This forces the search for new therapeutic approaches in the field of brain pathology. In this context cell transplantation has become a promising therapeutic option for CP treatment, and macrophages are considered to be prospective candidates for cell therapy. Using growth factor deficiency conditions we have generated M2-like macrophages that had low antigen-presenting and proinflammatory activity and possessed considerable regenerative potential (in particular, produced high amounts of IGF-1 and VEGF) . We hypothesized such macrophages may be useful in CNS repair, so evaluated the safety and therapeutic efficacy of endolumbar introduction of autological macrophages in treatment of children with cerebral palsy. This was a phase I/II non-randomized open-labeled clinical study of chronic children who had severe cerebral palsy and received transplantation of autologous M2-like macrophage. Treatment of CP children using autologous M2-like macrophages transplantation and all studies were performed in accordance with study protocols after obtaining written informed consent from patients’ parents. The clinical trial protocols and consent form were approved by the Institutional Academic Board and Institutional Review Board (Local Ethics Committee). The purpose of this study was to assess the safety and therapeutic efficacy of M2-like macrophages for treatment of CP patients. The families of all eligible patients were properly informed about the nature of the study. Sixteen severely brain-injured, cerebral palsy children (n=16, 10 boys and 6 girls) were examined and subjected to cell transplantation therapy. Cerebral palsy was diagnosed in these children at 12 months. The age of the patients varied from 2 to 8 years (median 4.5 years). The time from diagnosis of CP to cell therapy ranged from 1 to 7 years. According to the developed protocol, generated macrophages were injected via lumbar puncture. All patients were followed up for the following 9 months after cell therapy. The inclusion criteria were: 1) age ≥ 12 months and ≤ 8 years; 2) diagnosis: spastic cerebral palsy with quadriplegia; 3) performance status: Gross Motor Function Classification System at level IV–V; and 4) parental consent. The exclusion criteria were: 1) autism and autistic spectrum disorders without motor disability; 2) progressive neurologic disease; 3) HIV or uncontrolled bacterial, fungal, or viral infections; 4) impaired renal or liver function (as determined by serum creatinine >1.5mg/dL and/or total bilirubin >1.3mg/dL); 5) genetic disease or phenotypic evidence of a genetic disease on physical examination; 6) requires ventilatory support; 7) unable to obtain parental consent. Human peripheral blood mononuclear cells (PBMCs) were obtained through density gradient centrifugation (Ficoll-Paque, Sigma-Aldrich, Germany) of heparinized whole blood samples. For monocyte separation PBMCs were plated at 3–5 x106/ml in tissue culture dishes (TPP, Switzerland) in RPMI-1640 (Sigma-Aldrich, Germany) with 5% FCS (Biolot, Russia) for 18 h and then washed to remove non-adherent residual lymphocytes. The percentage of CD14-positive cells was demonstrated by flow cytometry to be greater than 90–93% of the total cells recovered. The generation of macrophages from plastic-adherent cells was performed according previously developed protocol . In brief, adherent cells were cultured in RPMI-1640 with supplements at 37°C with 5% CO2. To receive M2-like macrophages we used recombinant human GM-CSF (rhGM-CSF, 50 ng/ml, R&D Systems, USA) and serum deprivation conditions (low percent of autologous plasma). In 7 days the macrophages were harvested by using EDTA in Hanks' balanced salt solution, washed and counted. Then the generated M2-like macrophages were resuspended in 2 ml sodium chloride 0.9 % and infused into the spinal cord fluid of the patient. For evaluation of the phenotype, cell suspensions were incubated for 20 min at 4°C with FITC- or PE-conjugated antibodies specific for human CD14, CD86, and HLA-DR or isotype controls (all from BD Biosciences, USA). Then cells were washed with PBS/ 0.1% sodium azide/ 0.1% bovine serum albumin, and analyzed with a FACSCalibur using CellQuest software (BD Biosciences). The antigen-presenting/allostimulatory activity of the macrophages was determined by measuring macrophage capacity to induce T -cell proliferation in the mixed lymphocyte culture (MLC). Briefly, 1x104 macrophages were plated in complete RPMI-1640 with 1x105 allogeneic responder PBMCs for 5 days. Cell proliferation was measured by [3H]thymidine incorporation (1 μCi/well for 18 h). The stimulatory capacity of macrophages in MLC was expressed by the stimulation index (SI) = cpm in MLC (PBMCs+macrophages) / cpm in control culture (PBMCs alone). Th1, Th17 and Th2 - stimulatory activity was assessed by measuring of IFN-γ, IL-17 and IL-4/IL-10 in supernatants of MLC induced by macrophages. The stimulation index (SI) was calculated as ratio of cytokine level in MLC to spontaneous cytokine production in PBMCs alone. The CP children’s serum samples obtained before and after macrophage introduction were collected and frozen at –80°C until the measurement. The concentration of secreted cytokines and growth factors was determined using ELISA following the instructions of manufacturers: IFN-γ, IL-17, IL-4 (all from Protein Contour, St-Petersburg, Russia), brain-derived neurotrophic factor (BDNF; R&D Systems, USA) and vascular endothelial growth factor (VEGF; Invitrogen Corp., USA). All patients were evaluated according to a protocol by 3 independent experts including a neurologist, a neurosurgeon and one child's parents. Study evaluations consisted of thorough physical and neurological examinations and evaluations of adverse effects. The time from macrophage introduction to response was 3 months. The primary measure of efficacy was the improvement of motor functions of CP patients. To assess patients’ motor abilities we used the Gross Motor Function Measure (an 88-item GMFM test), a criterion-referenced observational measure that was developed and validated to assess children with cerebral palsy . The GMFM test includes evaluation of 88 items divided into 5 sections: 1, lying and rolling; 2, sitting; 3, crawling and kneeling; 4, standing; and 5, walking, running, and jumping. It evaluates the skills of the child in the individual items by using a 4-point scale on a quantitative basis. A secondary objective was to determine the effects on spasticity and muscle strength as well as mental faculties in these children. The five-point Ashworth scale was used for evaluating the degree of spasticity, and the six-point Medical Research Council Weakness Scale (MRC) served for muscle strength estimation. In addition, we monitored the immediate reactions possibly related to the endolumbar introduction of autologous M2-like macrophages, which included allergic reactions (tachycardia, fever, skin eruption, leukocytosis) and local complications (hematoma or local infection). The data were expressed as means ± SE. Statistica 6.0 software for Windows, StatSoft Inc. USA was used for analysis of data. Mean differences between groups were compared by a sign test. Additionally, the Mann–Whitney U test was used to compare nonparametric values. As shown in Table 1, the majority of children were diagnosed with severe spastic cerebral palsy, which can be considered the hallmark of our investigation. We did not have even a single child with a mild form of CP (when the use of both hands and/or gait is clumsy) and only one patient was diagnosed with a moderate degree of disease (characterized by the ability to use the affected hand in bimanual activities and/or impaired gait) . It is evident from Table 1 that the examined children formed quite a homogenous group presumably with spastic forms of cerebral palsy (spastic quadriplegia was revealed in 14/16 children). The GMFM-88 score at entry was 12.1 ± 9.0. The majority of CP children had the fifth level of movement abnormalities, wher the child did not hold ,his head and back, all motor functions were limited, and these movement defects were not compensated by additional means. Evaluating the degree of spasticity based on the Ashworth scale evidenced a considerable (4–5 point) increase in muscle tone in 14 out of 16 (87.5%) of CP children with an average Ashworth score of 3.9 ± 0.2. In two children even passive movements were hampered, and spasticity achieved 5 points. The MRC weakness score reflecting muscle strength in forearms was 1.8 ± 0.15, which indicated a marked reduction in muscle strength in all children at baseline. More than one third of CP children (6/16) had epileptic seizures. Mental faculties were impaired in virtually all patients. In fact, 14 out of 16 children had no capacity to speak, and 9 out of 16 did not understand addressed speech. Each of sixteen trial patients received one grafting of autologous macrophages generated from their own peripheral blood according to our protocol (see Patients and methods). The motor and mental faculties of these CP children were evaluated at 3 months after the cell transplantation by 3 independent experts including a neurologist, a neurosurgeon and one child's parents. It is of great importance that their opinions practically coincided and the difference in their assessments was minimal. First, we proved the principle possibility of generating M2-like macrophages in children with CP. Mean cell yield of macrophages was 77.1 ± 13.4x103 from 1x106 peripheral blood mononuclear cells. On average 0.8 ± 0.15 x 106/kg M2-like macrophages (0.18–2.58 x 106/kg) were used for the introduction (Table 2). The viability of the obtained cells in all cases was more than 90%. Moreover, evaluation of these M2-like cells to stimulate various T–helper cells revealed that M2-like cells similar to M1 macrophages induce T lymphocytes to produce IL-4 and presumably IL-10, but in contrast to M1 did not induce secretion of Th1 (IFN-γ) and Th17 (IL-17) cytokines. In M1-stimulated cultures, a pronounced stimulation of IFN-γ and IL-17 was observed: 344 ± 104 pg/ml (SI 32.6 ± 11.1) and 402 ± 167 pg/ml (SI 80 ± 33), respectively. In marked contrast, M2-like macrophages did not induce nor IFN-γ (32 ± 21 pg/ml; SI 3.2 ± 2.1), or IL-17 (11 ± 4 pg/ml; SI 2.2 ± 0.76). At the same time both M1 and M2-like macrophages stimulated an equal production of Th2 cytokines (IL-4 and IL-10) in MLC: 115 ± 39 and 78 ± 38 pg/ml for IL-10 as well as 109 ± 24 and 97 ± 15 pg/ml for IL-4. Endolumbar administration of M2-like cells was accompanied by fever and 1–2 fold vomiting in 10 out of 16 children (63%). These cell-therapy-related reactions never lasted longer than one or two days and were easily abrogated by the use of Dexasone and Cerucal. We did not observe any local or systemic immediate hypersensitivity reactions, local hematoma, or infection complications due to cell transplantation. However, one child demonstrated the exacerbation of atopic dermatitis. As shown in Table 3, three months after cell therapy a significant decrease in spasticity was revealed. In the lower extremities of the CP children Ashworth scores decreased from 3.9 ± 0.2 to 3.1 ± 0.2 (p<0.01) while the muscle strength in the forearms was enhanced from 1.8 ± 0.15 to 2.9 ± 0.22 (p<0.05). The Gross Motor Function Measure test improved significantly from 12.1 ± 9.0 to 60 ± 19 points (p <0.01). Apparent clinical improvements were noted in 11 out of sixteen cell-grafted CP children (68.8%; responding group). With the cell-based therapy, two-thirds of CP children (11/16) initially unable to retain their head in the vertical position independently became able to consistently execute this function. Among 15 children who initially failed to sit, after cell therapy 9 could sit without assistance. The majority of CP children involved in our investigation had no capacity to crawl. Only one boy could crawl on his abdomen, and two from 16 children could crawl/move on their backs by pushing their feet. With M2-therapy, eight children (43%) became able to crawl/move on their backs. Three of six children with seizure syndrome experienced seizures arrest, which persisted after the discontinuation of anticonvulsants. Cell therapy significantly influenced mental functions. We observed a decrease in aggression (63%) and improvement of contact with outsiders (69%). Four children improved mental functions; they became able to understand or understand better the addressed speech (2/9) and showed the appearance of a meaning-bearing speech (2/14). It should be noted that improvement of motor functions and mental abilities once registered at 3 months following cell administration persisted without reversion during the whole period of observation (until one year in some children). Comparing children responding and not responding to cell therapy, we found some trends. First, the CP children with improved motor and/or mental functions were younger (4.6 ± 0.6 vs 6.4 ± 0.8 years; pU >0.05). Second, they received higher number of input cells (0.74 ± 0.15 vs 0.59 ± 0.17 х 106/kg; pU >0.05). And, finally, the development of cytokine reactions in children who responded to cell therapy was observed twice as often (in 82% vs. 40%) as in the non-responsived group. Analysis of some cytokines and growth factor levels in the serum of CP children showed that the macrophage introduction was not accompanied by an increase of IFN- γ, IL-17, and IL-4. At the same time, such a therapy resulted in significant enhancement of brain-derived neurotrophic factor (BDNF; from 695 ± 60 to 1183 ± 153 pg/ml; pU =0.015) and strong tendency to an increase of vascular endothelial growth factor (VEGF; from 190 ± 41 to 240 ± 40 pg/ml; pU =0.07). It is of great importance that these changes were the most pronounced in the responder group. Some examples of applying the cell transplantation therapy for cerebral palsy are described below. The 2-year-old boy N. was evaluated for developmental delay at the age of 2 years. He was born as a result of premature delivery at 28 weeks, weighing 1200 g. The boy was from the second pregnancy (the first childbirth) with danger of fetus wastage. He stayed in the Intensive Care Unit for 16 days and in the Department of Newborn Pathology for 1 month. On admission all motor and mental functions were profoundly defective. The patient demonstrated global developmental delay. The boy was incapable of turning from abdomen to back, holding a toy in his hand, sitting, standing, and walking. He kept his head in an upright position with great difficulty. He was incapable of tracking a toy with his eyes, speaking, and understanding addressed speech. Epileptic seizures occurred up to 6 times a day. The GMFM-88 score was 0, degree of spasticity according to the Ashworth scale was 4, and muscle strength in the forearms was reduced, at only 2 points. The treatment included endolumbar administration of generated autologous M2-like macrophages (total dose 3.1x106; 0.22x x106/kg). Cell introduction was accompanied by subfebrile fever and one episode of vomiting. Three months later the patient could turn from abdomen to back, hold a toy in his hands, sit, stand with support and retain his head in a vertical position. His epileptic seizures have completely stopped. The GMFM-88 score increased up to 164 and muscle strength in the forearms enhanced up to 4, while spasticity decreased to 2 points. At 6 months after therapy the boy could understand addressed speech. The child gained weight. He is without anticonvulsant therapy for 1 year. The 5-year-old boy G. with cerebral palsy was from the fourth pregnancy with danger of fetus wastage. The childbirth was the second, premature at 32 weeks, as a result of Cesarean section. The newborn child had a weight of 2025 g. Prematurity II. He stayed in the Department of Newborn Pathology for 1 month. At one year, following a detailed assessment, the child was assigned a diagnosis of moderately severe spastic quadriplegia cerebral palsy. On admission the patient could crawl, sit, stand with assistance, understood addressed speech and spoke. At the same time the boy was unable to walk without assistance and could not retain his head in a vertical position. Intelligence was unaffected. The GMFM-88 score was 158, degree of spasticity according to the Ashworth scale was 4, and muscle strength in the forearms was reduced, at 2 points. The treatment included endolumbar administration of generated autologous M2-like macrophages (5.2x106; 0.31x x106/kg). Three months later the patient could walk without support and retain his head in a vertical position. The boy could make attempts to run with wide-set legs and walk up the stairs without support. The GMFM-88 score increased to 217 and muscle strength in the forearms was enhanced to 4, while spasticity decreased to 2 points. The brain possesses a limited capacity for endogenous regeneration after various insults, including perinatal hypoxia/ischemia. Therefore, the treatment of cerebral palsy as neurologic sequelae of hypoxia/ischemia-induced damage demands regenerative strategies. Recent studies have demonstrated that macrophages can enhance neuroprotection and promote axon growth, sprouting and remyelination . Moreover, promotion of neuroregeneration was shown to be mediated predominantly by M2 anti-inflammatory macrophages [33,20]. The present study provides the first evidence for the possible application of M2-like macrophages for the treatment of cerebral palsy. The evaluation of macrophage capacity to activate various types of T-helper cells as the first step of the present study revealed that generated M2-like macrophages did not stimulate T cells to produce IFN-γ and IL-17. This can be considered as the basic difference between the two types of macrophages investigated in our study, since classical M1 macrophages did induce substantial Th1 and Th17 cytokine production. With regard to Th2-stimulatory activity, M2-like macrophages did not differ from the M1 analogue as both stimulate detectable levels of IL-4 and IL-10. The last data are of great importance since Th2 cells are known to support neuron survival better than Th1 cells and in contrast to Th1 significantly stimulate axonal outgrowth. Namely, Th2 cells stimulate glial cells to produce neurotrophic factors without inducing inflammation. Therefore, Th2-stimulatory activity of M2-like macrophages constituted an additional reason for the application of these cells for CNS repair. In our study, we have shown that M2-like macrophages may be successfully generated in children with CP, and macrophage yields and functions in these cases are compared with that of adult healthy individuals . Moreover, we first demonstrated that the introduction of M2-like macrophages via lumbar puncture in children with CP was safe, well tolerated and did not induce serious adverse reactions. Fever following macrophage administration observed in more than half of the patients was simply stopped with medication. There was no evidence of local immediate hypersensitivity reactions, hematoma, or infection at the site of the cell injection, and any serious infection complications related to the cell transplantation. Aggravation of atopic dermatitis registered in one person suggested the capacity of generated macrophages to activate Th2 response in vivo. This fact calls for a careful examination of patients for allergic diseases and may be exclusion criteria for M2 macrophage application in children with severe and diffuse forms of atopic pathology. On the other hand, exacerbation of atopic dermatitis in only one out of 16 cases evidenced that endolumbar application of macrophages obviously did not induce systemic activation of the Th2 response. This suggestion is confirmed by the results of IL-4 measurements of the serum of treated children. Indeed, we did not observe any enhancement of IL-4 serum levels after the introduction of M2-like macrophages. Despite our clinical trial enrolling children with severe impairment of motor functions (predominantly V level of Gross Motor Function Classification System), cell therapy was accompanied by significant decreases in spasticity, increased muscle strength and enhancement of GMFM scores. Along with the increase in motor functions, more than half of the children displayed a decrease in aggressiveness and an improvement in communication with strangers. Enhancement of mental functions was also confirmed by appearance of the capacity to understand in two children and to speak in another two participants. In addition, three of six persons experienced full arrest of their seizure syndrome. Current therapeutic strategies of CP management are aimed at preventing brain damage, but at present there are no effective means to repair the brain once damage has occurred. From this point of view, our data are of significant importance. Similar results have been described recently by Chen L. et al. after introduction of olfactory ensheathing cells (OECs). These authors showed that OECs derived from aborted fetal tissue and injected into the bilateral corona radiata in the frontal lobes resulted in a significant increase of GMFM-88 score and improvement of mental functions in CP, according to the Caregiver Questionnaire Scale score . The mechanisms underlying the clinical effects of M2-like macrophages in CP patients are not quite clear. We would like to point out some of them. As we have shown previously, М2-like macrophages are capable of spontaneous production of BDNF, IFG-1, EGF, bFGF, G-CSF, erythropoietin and VEGF, which possess neuroprotective activity and stimulate CNS regeneration . Stimulation of CNS repair in ischemic brain damage may also be the result of increased angiogenesis and vasculogenesis [2,37]. In this connection an increase in serum levels of BDNF and VEGF following cell therapy indicate that clinical effects may be mediated by growth factors produced by macrophages or other paracrine-activated cells. Finally, recent findings showed that monocytes/macrophages are able to differentiate into endothelium-like cells and function as precursors of endothelial cells and thus participate in the repair of the vascular barrier after brain injury . At the same time it should be emphasized that macrophage injection via lumbar puncture was not accompanied by an increase of serum IFN-γ or IL-17. Proinflammatory cytokines IFN-γ and IL-17 are known to have marked destructive effects on the nervous system [34,35]. From this point of view, the data that M2-like macrophages lack Th1- and Th17-stimulatory activity in vitro and in vivo are additional arguments evidencing the safety of their application. 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Invites the Secretary General of the Council of Europe and the Director-General of UNESCO, as appropriate, to transmit this Recommendation to the governments of those States which have been invited to the Diplomatic Conference entrusted with the adoption of the Lisbon Recognition Convention but which have not become parties to that Convention. 1. The present Recommendation is adopted within the framework of the Lisbon Recognition Convention and applies to the Parties of this Convention. The principles and practices described in this Recommendation can, however, also be equally well applied to the recognition of qualifications issued in other countries or under transnational education arrangements, to the recognition of joint degrees and to the recognition of qualifications in countries other than those party to the Lisbon Recognition Convention. 2. The Recommendation codifies established best practice among competent recognition authorities and builds on this practice in suggesting further improvements. The provisions of the Recommendation are in particular directed at recognition cases where a complex assessment is required. It is realised that some cases may be treated in a simpler way. 3. Terms defined in the Lisbon Recognition Convention are used in the same sense in the present Recommendation, and reference is made to the definition of these terms in Section I of the Convention. The provisions pertaining to the competent recognition authorities shall also be applied, mutatis mutandis, to authorities and individuals responsible for the assessment of foreign qualifications and for the provision of information on qualifications and their recognition. Terms that specifically refer to the provision of transnational education are defined in the UNESCO/Council of Europe Code of Good Practice in the Provision of Transnational Education. Terms that specifically refer to joint degrees are defined in the Recommendation on the Recognition of Joint Degrees. 4. Holders of foreign qualifications shall have adequate access, upon request, to an assessment of their qualifications. 5. The provisions referring to the assessment of foreign qualifications shall apply, mutatis mutandis, to the assessment of periods of study. 6. Procedures and criteria for the assessment of foreign qualifications should be transparent, coherent and reliable, and they should periodically be reviewed with a view to increasing transparency, taking account of developments in the education field and eliminating requirements leading to undue complications in the procedure. 7. In the assessment of foreign qualifications concerning higher education, the international and national legal frameworks should be applied in a flexible way with a view to making recognition possible. In cases where existing national laws conflict with the present Recommendation, States are encouraged carefully to consider whether national laws may be amended. 8. Where, after thorough consideration of the case, the competent recognition authority reaches the conclusion that recognition cannot be granted in accordance with the applicant's request, alternative or partial recognition should be considered, where possible. 9. In all cases where the decision is different from the recognition requested by the applicant, including in cases where no form of recognition is possible, the competent recognition authority should inform the applicant of the reasons for the decision reached and his or her possibilities for appealing against it. 10. The assessment criteria contained in this Recommendation have been drawn up with a view to increasing the consistency of the procedures and use of criteria for the assessment of foreign qualifications, thus assuring that similar recognition cases will be considered in reasonably similar ways by all parties to the Convention. It is nevertheless realised that a margin of flexibility in making recognition decisions is essential, and that decisions will to some extent vary according to national systems of education. (iii) a statement addressed to individual(s), institution(s), potential employer(s) or others. It is recommended that applicants have access to an assessment relevant to the case. 12. While the aim of assessments should be to assess applicants' foreign qualifications in qualitative terms, it is realised that quantitative criteria will have to be used to a certain extent. Their use should, however, be limited to cases where quantitative criteria are relevant to quality and may supplement qualitative criteria. 13. Where learning outcomes are clearly documented, for example in a the European Commission/Council of Europe/UNESCO Diploma Supplement, or comparable documents, assessment should take these into consideration. 14. The competent recognition authorities should give all applicants an acknowledgement of the receipt of their application. 15. The competent recognition authorities should publish standardised information on the procedures and criteria for the assessment of foreign qualifications concerning higher education. This information should automatically be given to all applicants as well as to persons making preliminary inquiries about the assessment of their foreign qualifications. 16. The time normally required to process recognition applications, counted from such time as all relevant information has been provided by applicants and/or higher education institutions has to be specified to applicants. In the event that the recognition process is delayed, the applicant should be informed of the delay, the reason for it and notified of a date when a decision can be expected. Applications should be processed as promptly as possible, and the time of processing should not exceed four months. 17. Competent recognition authorities should provide advice to individuals enquiring about the possibilities and procedures for submitting formal applications for the recognition or assessment of their foreign qualifications. As appropriate, in the best interests of the individual, advice should also be provided in the course of, as well as after, the formal assessment of the applicants' qualifications, if required. 18. Competent recognition authorities should draw up an inventory of typical recognition cases and/or a comparative overview of other education systems or qualifications in relation to that of their own country as an aid in making recognition decisions consistent. They should consider whether this information could be made available to applicants with the proviso that this information serve only as an indicative guide, and that each application will be assessed on an individual basis. 19. The responsibility for providing information on the qualification for which recognition is sought is shared by applicants, higher education institutions at which the qualifications in question were awarded and the competent recognition authority undertaking the assessment as specified in the Lisbon Recognition Convention, in particular in its Articles III.3 and III.4. Higher education institutions are strongly encouraged to issue a diploma supplement in order to facilitate the assessment of the qualifications concerned. 20. In cases where refugees, persons in a refugee-like situation or others for good reason cannot document the qualifications they claim, competent recognition authorities are encouraged to create and use a “background paper” giving an overview of the qualifications or periods of study claimed with all available documents and supporting evidence. 21. The competent recognition authorities should consider whether it is possible to provide for assessment of foreign qualifications as a public service free of charge. Where this is not feasible, fees should be kept as low as possible and should not be so high as to constitute a barrier to the assessment of foreign qualifications. 22. In deciding the size of any fees charged, due account should be taken of the cost of living and the level of salaries and student support in the country concerned. Special measures aimed at low income groups, refugees and displaced persons and other disadvantaged groups should be considered in order to ensure that no applicant is prevented from seeking recognition of his or her foreign qualifications because of the costs involved. 23. Requirements for the translation of documents should be carefully weighed and clearly specified, especially as concerns the need for authorised translations by sworn translators. It should be considered whether requirements for translation could be limited to key documents, and whether documents in certain foreign languages, to be specified by the competent recognition authorities, could be accepted without translation. The countries concerned are encouraged to revise any current laws preventing the acceptance of documents in non-national languages without translation. The use of the Diploma Supplement (where available) should reduce the need for translation of other key documents. 24. As a rule, titles of foreign qualifications should be provided in the original language, without translation. (ii) whether the documents in question have in fact been rightfully issued to the applicant. 26. While the need to establish the authenticity of documents as a part of the assessment procedure is therefore very real, this need should nonetheless be balanced against the burdens placed upon applicants. The basic rules of procedure should assume that most applicants are honest, but they should give the competent recognition authorities the opportunity to require stronger evidence of authenticity whenever they suspect that documents may be forged. While certified photocopies of official documents will be sufficient in most cases, the competent recognition authorities should be in a position to require original documents where this is considered necessary for the purpose of detecting or preventing the use of forged documents. 27. States are encouraged to review any national laws requiring overly complicated and costly authentification procedures, such as full legalisation of all documents. Modern communications tools make it easier to verify the authenticity of documents in less cumbersome ways and competent recognition authorities and education institutions of home countries are encouraged to react swiftly and positively to requests for direct information on documents claimed to have been issued by them. 28. In the case of refugees, displaced persons and others who for good reasons, and in spite of their best persistent efforts, are unable to document their claimed qualifications, it should be considered whether alternative ways of recognising these qualifications may be found, for example, by measuring the learning outcomes which could reasonably be expected from the undocumented qualification. Such measures should be adapted to the circumstances of their recognition application and could include ordinary or specially arranged examinations, interviews with staff of higher education institutions and/or the competent recognition authorities and sworn statements before a legally competent authority. 29. In view of the wide diversity of higher education institutions and of the developments in transnational education, the status of a qualification cannot be established without taking into account the status of the institution and/or programme through which the qualification was awarded. 30. The competent recognition authorities should seek to establish whether the higher education institution belongs to the higher education system of a State party to the Lisbon Recognition Convention and/or belonging to the European Region. In the case of qualifications awarded by higher education institutions established through transnational arrangements, the competent recognition authorities should analyze these arrangements on the basis of the principles stipulated in the UNESCO/Council of Europe Code of Good Practice in the Provision of Transnational Education and in the Recommendation on the Recognition of Joint Degrees. 31. Where countries have established a quality assurance system including a system of formal assessment of their higher education institutions and programmes, the competent recognition authorities should take due account of the results of the process when evaluating qualifications from such systems. 32. Recognition of foreign qualifications may be sought for a variety of purposes. The assessment should take due account of the purpose(s) for which recognition is sought, and the recognition statement should make clear the purpose(s) for which the statement is valid. 33. Before undertaking the assessment, the competent recognition authorities should establish which national and international legal texts are relevant to the case, and whether these require any specific decision to be reached or procedure to be followed. 34. The assessment should also take into account past practice in similar recognition cases, in order to ensure consistency in recognition practice. Past practice should be a guide, and any substantial change of practice should be justified. 35. The assessment of a foreign qualification should identify the qualification in the system of the country in which recognition is sought which is most comparable to the foreign qualification, taking into account the purpose for which recognition is sought. In the case of a qualification belonging to a foreign system of education, the assessment should take into account its relative position and function compared to other qualifications in the same system. Where available, the competent recognition authorities should also refer to the National Qualifications Framework, European Qualifications Frameworks and other similar Qualification Frameworks as part of the assessment process. 36. Qualifications of approximately equal level may show differences in terms of content, profile, workload, quality and learning outcomes. In the assessment of foreign qualifications, these differences should be considered in a flexible way, and only substantial differences in view of the purpose for which recognition is sought (e.g academic or de facto professional recognition) should lead to partial recognition or non-recognition of the foreign qualifications. (d) competent recognition authorities can document that the differences in the quality of the programme and/or institution at which the qualification was awarded in relation to the quality of the programmes and/or institutions granting the similar qualification in terms of which recognition is sought are too substantial to allow the recognition of the foreign qualification as requested by the applicant. If so, the assessment should seek to establish whether alternative, partial and/or conditional recognition may be granted. 38. Where formal rights attach to a certain foreign qualification in the home country, the qualification should be evaluated with a view to giving the holder comparable formal rights in the host country, in so far as these exist and they arise from the learning outcomes certified by the qualification. (c) In general, older qualifications should be recognised along the same lines as similar qualifications issued in the country in which recognition is sought, and taking into account the purpose for which recognition is sought. It may be considered whether relevant work experience may compensate for dated qualifications. 40. Competent recognition authorities should be encouraged to focus on the learning outcomes, as well as the quality of the programme and to consider its duration as merely one indication of the level of achievement reached at the end of the programme. The assessment process should acknowledge that recognition of prior learning, credit transfer, different forms of access to higher education, joint degrees and life-long learning will all shorten the duration of some academic qualifications without diminishing the learning outcomes and a decision not to grant recognition should not be motivated by duration alone. 41. The assessment of a foreign qualification should focus on the qualification for which recognition is sought. Previous levels of education should be considered only where these levels have a serious bearing on the outcome of the assessment and should, as far as possible, be limited to qualifications of a level immediately preceding the qualification for which recognition is sought. 42. In undertaking the assessment, the competent recognition authorities should apply their know-how and best professional skills and take note of all relevant published information. Where adequate information on the learning outcomes is available, this should take precedence in the assessment over consideration of the education programme which has led to the qualification. (d) any other advice given to the applicant. The applicant should be informed of the status of the assessment he/she receives. 44. Where recognition cannot be granted according to an applicant's request, the competent recognition authority should assist the applicant in identifying remedial measures the applicants may undertake in order to obtain recognition at a later stage. The Preamble builds on the existing legal framework for the recognition of qualifications concerning higher education, as elaborated within the frameworks of the Council of Europe and of UNESCO (as far as the latter applies to the Europe Region). Specific attention is drawn to the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, elaborated jointly by both Organisations and adopted on 11 April 1997. This Convention entered into force on 1 February 1999. The Preamble also builds on the most important developments in the international recognition of qualifications over the past years, including in particular the work undertaken by the ENIC/NARIC Working Group on Substantial Differences and the Report to the Bologna Follow-up Group on the Analysis of the 2007 National Actions Plans for Recognition (2008). In the case of qualifications issued through transnational arrangements, the Preamble builds on the provisions of the UNESCO/Council of Europe Code of Good Practice in the Provision of Transnational Education, as well as the Recommendation on the Recognition of Joint Degrees. The Recommendation clearly underlines the right of applicants to having their foreign qualifications assessed according to transparent, coherent and reliable procedures and criteria. (iv) full or partial recognition of the foreign qualification at the end of a probationary period, possibly subject to specified conditions. The grant of partial recognition or recognition subject to the fulfilment of specific conditions does not, however, imply an automatic right to admission to any courses designed to help applicants remedy deficiencies with a view to obtaining recognition. Only when the competent recognition authorities find it impossible to grant even an alternative form of recognition should an application be rejected outright. It should be kept in mind that in some cases, the absence of recognition may be "fair recognition" on the evidence of the case. The conclusions reached by the ENIC/NARIC Working Group on Substantial Differences, and expressed in its subsequent publication on the issue, stressed that substantial differences cannot be normatively defined, but rather that competent recognition authorities should strive wherever possible, in the spirit of the Lisbon Recognition Convention, to identify rationale for the granting of recognition, as opposed to searching for reasons that could be construed as substantial differences. Where the recognition decision is different from the decision requested by the applicant, the competent recognition authority has a special obligation to stating the reasons for its decision and to inform applicants of their possibilities for making an appeal against the decision. This is important both to allow applicants to make an appeal against the decisions and to enable applicants to undertake remedial measures with a view to obtaining recognition at a later stage. This should in no way prevent competent recognition authorities from stating their reasons for granting recognition. have a direct impact on other citizens, and since there is no guarantee that the qualifications will be improved in the course of the exercise of this activity in the labour market. For the latter form of recognition, the duration and content of practice periods may also be of importance. In no case should a recognition decision be based on only quantitative criteria, such as length of study, without some attempt being made to assess the quality of applicants' learning outcomes and qualifications. Learning outcomes emphasise the results of learning rather than focusing on inputs such as length of study. The time required for the average learner or typical student to achieve the learning outcomes is decided not only by the volume of knowledge and skills to be taught and learned but also by the context in which the process of learning takes place. To an extent, substantial differences according to quantitative criteria may, however, be taken as an indication element of a difference in quality. (viii) the conditions and procedures for appealing against a recognition decision, according to national legislation. In principle, recognition decisions should be open to appeal, and it is the duty of the competent recognition authority to inform applicants of the modalities of such appeals, including its formal aspects, such as deadlines. It is recommended that information on appeals processes be provided already at the receipt of the application. The competent recognition authorities may consider whether to require applicants to sign an acknowledgement confirming that the information has been received, and that the applicant has acquainted himself or herself with the possibilities and procedures of appeal. The duty of the competent recognition authorities is to specify its normal time limits for processing recognition applications, keeping to these limits and informing applicants in case of delay. It also specifies the "starting point" for counting the time limits; i.e. from the time all relevant information has been received by the competent recognition authority. While all assessment should be undertaken and completed as promptly as possible, it should be pointed out that any assessment taking more than four months could seriously delay applicants' further study, or their gainful employment, or oblige them to undertake additional studies to meet requirements which the assessment may subsequently find that they have already satisfied through their foreign qualifications. Four months should therefore be considered as the maximum time limit for processing recognition applications; uncomplicated cases should, as a rule, be evaluated faster. The consistency of recognition decisions is an important element in assuring transparent and coherent treatment of applications for the recognition of foreign qualifications. It would be unfortunate if similar recognition cases were handled in substantially different ways and substantially different decisions were reached. An overview of typical recognition cases may help in assuring the required consistency. The question of whether to make information available to applicants is somewhat complicated. On the one hand, such information may give applicants an indication of what they can realistically expect and help them formulate their application. It may also be of help to applicants in considering whether to make an appeal against a decision. On the other hand, applicants may wrongly understand the typical cases to provide a legal precedent for "automatic" recognition of their own qualifications. It is therefore essential that information on typical recognition cases provided to applicants be accompanied by a clear explanation of the function of this information, underlining that in all cases an individual assessment of the application is undertaken. (c) the competent recognition authorities are responsible for maintaining a system of information on foreign education systems and qualifications in the area of its competence. It should be underlined that the competent recognition authorities should provide applicants with a complete overview of the information and documents needed to undertake the assessment. Only in exceptional cases should the competent recognition authority ask for information in addition to what is specified in this overview, and in no case should requests for additional information be used as a means of prolonging or delaying the assessment concerned. Applicants as well as higher education institutions have a duty to provide all information requested within a reasonable deadline specified by the competent recognition authority. - for the refugee to affirm his or her academic achievements towards other evaluating bodies, like universities and employers, in order to gain access to further studies or appropriate employment. Applications from persons in a refugee-like situation or others who for good reason cannot document their qualifications should be treated in the same way. The “background paper” itself is not an assessment, but an authoritative description or reconstruction of the academic achievements linked to the available documents and supporting evidence. Fees may constitute an impediment to recognition. If the assessment of foreign qualifications cannot be provided free of charge, fees should therefore be kept as low as possible. It is recalled that any fees charged by the competent recognition authorities will be additional to any costs of translating and/or certifying documents. The provisions of the present Recommendation are especially important in view of the increasing tendency for public bodies to charge user fees. Fee practices vary considerably throughout the European region. It is hardly possible to give precise indication of acceptable fee levels, as local conditions such as the cost of living and the level of salaries and student support must be taken into account. Nevertheless, in some cases the fees charged must be considered as excessive. It is, for example, unreasonable that the assessment of a foreign qualification should cost a substantial part of an average monthly salary in the public sector. The requirements for complete information should be carefully weighed against the burdens the fulfilment of this need places upon applicants, specifically as concerns requirements for authentication and translation of documents, which tend to be time-consuming and costly. A consideration of requirements for authentification should weigh the necessity of minimising the risk of fraud against the need to reduce the burden on honest applicants. It is suggested that it may, in most cases, be sufficient to require authentification of key documents, such as qualifications, transcripts and birth certificates. It should also be considered whether certified photocopies, rather than originals, may be required. It is important that all requirements be clearly specified to applicants. In the case of translation requirements, it should also be considered whether these may be limited to key documents. It may, for example, not be necessary for the applicant to provide detailed translation of curricula or academic papers. It should also be considered whether it is strictly necessary to require translations to be carried out by certified translators. Where this requirement is maintained, the competent recognition authorities should provide applicants with lists of accepted translators. It should further be considered whether certain documents could be accepted without translation. This could apply to documents issued in widely spoken languages, in languages which are linguistically close to the language(s) of the host country, languages widely understood in the host country, and/or languages in which staff members of the competent recognition authorities have sufficient competence. The reason why titles of foreign qualifications should not be translated is that a translation in this case implies an assessment, and this assessment should only be undertaken by competent recognition authorities. The Diploma Supplement as well as credit accumulation and transfer systems have been devised to explain the content of qualifications without translating or evaluating them. Attention is drawn to the fact that transliteration is distinct from translation. Transliteration implies reproducing the sounds rendered by one alphabet or writing system in another alphabet or writing system, such as rendering a word written in the Cyrillic alphabet or in Japanese characters in the Latin alphabet. Transliteration enables readers unfamiliar with the alphabet or writing system of the original language to identify words or expressions from that language and should be undertaken using standard systems of transliteration where they exist. The problem of falsified documents is becoming increasingly serious. It is therefore necessary to underline the need to verify the authenticity of documents submitted by applicants, as well as the identity of the applicants themselves. At the same time, however, it is necessary to maintain a balance between the need for verification and the need to avoid placing undue burdens on the majority of applicants, who submit authentic documents, and who should be treated according to the basic judicial rule of being "innocent until proven guilty". It is therefore necessary to give competent recognition authorities the possibility to require particularly severe proofs of authenticity, such as the submission of original documents, in cases where forgery is suspected. Another possibility in such cases is to require copies certified by an original signature and/or stamp of the institution having issued the qualifications. Higher education institutions should reply promptly to requests for such certification, which should be issued without fees, if possible, or at any rate at moderate fees. At the same time, some laws on the verification of documents, such as those which require full legalisation of all documents, date from a time when international communication and verification was difficult. While they may have been justified at the time, today there are better and more efficient ways of verifying the authenticity of documents through direct contact with competent recognition authorities and education institutions from which the documents are claimed to originate. States are therefore encouraged to review their national laws and/or existing practice with a view to simplifying and modernising their rules on the verification of the authenticity of documents. Qualifications cannot be properly evaluated without taking into account the institution which has issued the qualifications. At the same time, national laws and practices for the assessment and quality assurance of higher education institutions vary. Consequently, the kind of information which may be obtained on higher education institutions also varies. Section VIII of the Lisbon Recognition Convention outlines the kind of information which should be provided by Parties which have established a system of formal assessment of higher education institutions and programmes, as well as the kind of information which should be provided by Parties which have not established such a system. Where countries have established national quality assurance agencies, or cross-national quality assurance bodies, these should be seen as a valuable information resource. The UNESCO/Council of Europe Code of Good Practice in the Provision of Transnational Education outlines the principles which should be respected by institutions and organizations involved in the provision of educational services through transnational arrangements and they should be applied in the assessment of qualifications. Similarly the principles described in the Recommendation on the Recognition of Joint Degrees should be applied in the assessment of joint degrees. There is a direct connection between the assessment of foreign qualifications and the purpose(s) for which recognition is sought. For example, a given qualification may be adequate for the purpose of further study, but not for the purpose of employment at a given level. Conversely, a given qualification may be adequate for the purpose of employment, but not for further study, e.g. at doctoral level. This could, for example, be the case if a research component, the writing of an independent thesis or another form of substantial independent work were totally lacking in the foreign qualification and such a component were a requirement for access to doctoral studies in the home country. This implies that a recognition statement should make it clear for which purpose(s) it is valid, and a renewed assessment should be undertaken if recognition is sought for other purpose(s) than those (that) covered by a previous statement. (h) access to a regulated profession. (i) bilateral or multilateral agreements between higher education institutions. Not all such texts have the same legal value; their relative legal status must therefore also be taken into account. Differences in the content, learning outcomes and profile of qualifications may concern e.g. the degree of specialisation or general education, requirements for independent written work (such as papers, dissertations, thesis), the inclusion of practice periods, laboratory experience or similar requirements (e.g. in medical or natural sciences), or the inclusion of non-academic elements (such as sports or vocational training) in the qualification. What may be defined as "substantial differences", which may lead to partial recognition or to non-recognition, will to a large extent depend on the purpose(s) for which recognition is sought, for example recognition for the purpose of pursuing further studies or for access to a non-regulated professional activity. In some contexts, a broadly based education may be desirable, whereas, in other contexts, a considerable degree of specialisation may be required. (i) ability to pursue a specific occupation or profession at operational, management or technology development level. Generic descriptors for learning outcomes for the first, second and third cycle qualifications can be found in the Overarching Framework for the Qualifications in the European Higher Education Area. The paragraph underlines that if a competent recognition authority wishes to withhold recognition - entirely or partially - of a foreign qualification, it is the duty of the competent recognition authority to demonstrate that this decision is justified. This is in accordance with the principles of the Lisbon Recognition Convention as well as the European Union Directives on professional recognition. The "relevant qualification of the country in which recognition is sought" may be indicated by the applicant requesting recognition or, if the applicant has given no indication, by the competent recognition authority, taking into account the purpose for which recognition is sought. Formal rights are not totally distinct from, but also not totally identical to, the purpose for which recognition is sought. Formal rights obtained through a qualification may, for example, be the right to access to higher education (i.e. the right to be considered for participation in higher education), the right to access to doctoral studies, the right to use a given title or the right to apply for professional recognition. The latter will in many, perhaps most, cases also be subject to non-educational requirements, such as practice periods (where these are considered as distinct from, rather than as a part of, the education programme leading to the qualification) or nationality, residence or language requirements. The assessment of foreign qualifications for professional purposes is covered by this recommendation only in so far as the assessment concerns the knowledge and skills certified by the qualification concerned for the purpose of professional recognition for non-regulated professions and the labour market. In the spirit of mutual trust, the Recommendation suggests that where a qualification gives its holder certain formal rights in the home country, the assessment should seek to assess whether the qualification can give the holder comparable formal rights in the host country. It is, however, realised that national practices with regard to granting formal rights through educational qualifications may vary. This provision is applicable only to the extent that these formal rights may be obtained through a qualification issued in the home country. A qualification certifies a certain competence obtained at a certain time. The value of a qualification may diminish over time, or be entirely lost, either because the holder of the qualification has not kept up the competence acquired by undertaking activities relevant to the field, or because significant new knowledge has been gained in the field, and the holder is not adequately acquainted with these developments. To what extent a qualification becomes outdated may depend on the field of knowledge concerned. The recognition of older qualifications can therefore be problematic, and there is no standard solution to the problem. However, the problem is not limited to foreign qualifications. If older qualifications from the country in which recognition is sought are still recognised, similar foreign qualifications of similar age should also be recognised for the same purpose. If, however, qualifications from the country in which recognition is sought are considered outdated and are no longer recognised, similar foreign qualifications should be considered in the same way. Length of study is one of the most frequently used assessment criteria, and experience shows that it is also among the criteria most easily accepted by applicants whose qualifications are recognised only partially or not at all. The concept of "length of study" is somewhat problematical because, while generally expressed in terms of years or semesters of study, there may be differences, between countries and between individual institutions, in the number of weeks which make up a semester or a year of study and in the number of working hours in a week of study as well as in the distribution of those of hours in terms of teaching, self study and other learning activities (practice periods, laboratory work, etc.). Substantial differences in this respect could reduce the difference between two qualifications of seemingly different "length", or they could increase the difference between qualifications of seemingly similar "length". "Length of study" should therefore not be considered a uniform concept, and it should not be used as the sole criterion in the assessment of foreign qualifications. In general terms, however, length of study may be taken to give an indication of the level of a qualification. The wider the difference in the length of study normally required to obtain various qualifications, the more likely it would seem that these qualifications are not of the same level. The question of what constitutes a substantial difference in the length of study must also be seen in relation to the learning outcomes. It should also be underlined that while the length of study may be different this must not necessarily be considered a substantial difference, nor should other factors necessarily be excluded from the assessment. The paragraph underlines the need to focus any assessment of a foreign qualification on that qualification. Taking account of previous levels of education should be an exception rather than a rule. For example, in the case of someone applying for recognition of a doctoral degree, the applicant's school leaving qualifications should not be a part of the assessment. Previous levels of qualifications should only be considered in exceptional cases, and the assessment should as far as possible be limited to the level immediately preceding the qualification for which recognition is sought. The paragraph concerns the efforts which competent recognition authorities and other assessment agencies can reasonably be expected to undertake in the assessment of individual cases. They should apply all their professional skills and take account of the relevant literature including information on national qualifications frameworks. In evaluating a foreign qualification, more emphasis should be given to the learning outcomes than to the process itself (i.e. the education programme through which the qualification was earned). The indications referred to in this paragraph concern additional education applicants may take in order to improve their chances of obtaining recognition at a later stage. The competent recognition authorities should assist these applicants by obtaining as precise indications as possible on measures to be taken or, as appropriate, refer applicants to relevant written information or contact persons at higher education institutions or other relevant bodies. In the following, a schematic outline will be given of the recommended procedure for the assessment of foreign qualifications or periods of study. This is intended as a summary checklist. In practice, the sequence of the steps outlined may vary, or several steps may be taken simultaneously. Information to the applicant about procedures and criteria. Verification of whether all necessary information and documents are supplied. Verification of whether the applicant's qualification is authentic, and whether the documents submitted have in fact been rightfully issued to the applicant. [In this the competent authority may seek the assistance of the national information centre]. If no: (i.e. the qualification is false): recognition refused. If yes: proceed to step 4. Verification of whether the institution and/or programme having issued the qualification is recognized as belonging to a system of higher education. In the case of transnational education, verification of whether the awarding institution and/or programme is recognized in its home system and/or complies with the principles stipulated in the UNESCO/Council of Europe Code of Good Practice in the Provision of Transnational Education. If no: recognition would normally not be granted. If yes: proceed to step 5. (b) international Conventions, Directives, Recommendations, good practice, etc. (v) information and advice from other ENICs, higher education institutions or other sources. (a) are the differences in learning outcomes so substantial that the foreign qualification cannot be fully recognised? If so, is it possible to grant alternative or partial recognition? (b) are the differences in the further activities for which the foreign and the home country qualifications prepare so substantial that full recognition is not possible? If so, is alternative or partial recognition possible? (c) are the differences in key elements of the programme leading to the qualification so substantial in relation to similar programmes in the host country that full recognition cannot be granted in view of the purpose for which recognition is sought? If so, is alternative or partial recognition possible? (d) is the quality of the programme or the institution at which the qualification was earned so different from similar programmes or institutions in the host country that full recognition is not possible? If so, is alternative or partial recognition possible? (iii) a statement to the applicant or to whom it may concern (e.g. current or prospective employers, higher education institutions, etc.). If positive decision by (i) or (ii): recognition granted, applicant satisfied. If negative decision: the reason(s) for the decision should be clearly stated and the applicant informed of his or her possibilities for appeal. 1 In this Recommendation, this Convention will be referred to as "the Lisbon Recognition Convention".

2019-04-21T17:04:06Z

https://www.coe.int/t/dg4/highereducation/recognition/criteria%20and%20procedures_EN.asp

The Federal Tort Claims Act (FTCA) is a comprehensive legislative scheme by which the United States has waived its sovereign immunity to allow civil suits for actions arising out of negligent acts of agents of the United States. The United States cannot be sued in a tort action unless it is clear that Congress has waived the government’s sovereign immunity and authorized suit under the FTCA. Dalehite v. United States, 346 U.S. 15, 30-31 (1953). Therefore, a litigant wishing to sue the United States in tort must do so under the FTCA alone. Only the United States may be sued under the FTCA. Other parties whom the claimant wishes to bring into the action may be sued as pendent parties under 28 U.S.C. § 1367, if the claims are related to the primary suit against the United States. The provisions of the FTCA are found in Title 28 of the United States Code. 28 U.S.C. § 1346(b), § 1402(b), § 2401(b), and §§ 2671-2680. Except for maritime torts, the FTCA, as amended, sets forth the terms and limitations on tort suits against the United States. This presentation is not intended to be a complete statement of the law relating to the FTCA nor is it intended to be a guide to trying an aviation case against the United States. Rather, this presentation is an elementary statement of the important procedural and substantive provisions of the FTCA, with the emphasis on avoiding traps for the unwary. Before an action may be filed under the Federal Tort Claims Act, an administrative claim must be presented to the federal agency employing the person whose act or omission caused the injury. Presentation of an administrative claim to the appropriate agency is a jurisdictional prerequisite to suit. McNeil v. United States, 508 U.S. 106, 113 S.Ct. 1980 (1993); Meridian Intern. Logistics, Inc. v. United States, 939 F.2d 740 (9th Cir. 1991). 28 U.S.C. § 2675. The claim must include a sum certain amount of damages sought and must include sufficient information to allow the agency to investigate the merits of the claim. 28 C.F.R., Part 14. Normally, an administrative claim should be presented on a government form called the Standard Form 95 (SF 95). Filling out the form according to the instructions on the form should assure that all necessary information is provided. The staff attorneys for the applicable agencies or the United States Attorney’s Office will provide SF 95’s for the presentation of administrative claims. After an administrative claim is presented to the appropriate agency, the agency has six months to either admit or deny the claim. A complaint cannot be filed until the administrative claim has been denied or until six months has passed without the agency acting on the administrative claim. (Filing early is a wasted effort since the court will dismiss for lack of jurisdiction and will not retain jurisdiction over the case, even if the six-month waiting period has expired in the interim.) McNeil v. United States, supra; Jerves v. United States, 966 F.2d 517 (9th Cir. 1992). Failure to act on an administrative claim within six months of presentment can, at the option of the claimant, be treated as a denial of the administrative claim after the six months has passed. 28 U.S.C. § 2675(a). A claimant may also choose not to file suit after six months has passed. Unless the administrative claim is denied, the six-month statute of limitations does not begin to run and a claimant has an indefinite time within which to file suit. 28 U.S.C. § 2675(a); Douglas v. United States, 658 F.2d 445, 449-450 (6th Cir. 1981). An action may not be brought for damages greater than the amount of the claim presented to the federal agency. An exception is made when the increased amount is based on newly discovered evidence that was not reasonably discoverable at the time the claim was presented or when there are intervening facts relating to the amount of the claim. 28 U.S.C. § 2675 (b); Allgeier v. United States, 909 F.2d 869 (6th Cir. 1990); Low v. United States, 795 F.2d 466 (5th Cir. 1986); O’Rourke v. Eastern Airlines, 730 F.2d 842 (2d Cir. 1984); Kielwein v. United States, 540 F.2d 676 (4th Cir.), cert. denied, 429 U.S. 979 (1976). Administrative claims are not required before filing counterclaims and cross-claims under Rule 13 of the Federal Rules of Civil Procedure nor when filing third-party actions under Rule 14 of the Federal Rules of Civil Procedure. 28 U.S.C. § 2675(a). Third-party claims must be true third-party claims. Spawr v. United States, 796 F.2d 279 (9th Cir. 1986); West v. United States, 592 F.2d 487 (8th Cir. 1979) (fourth-party claim). Suit must be pending in federal court in order for this provision to be applicable. See, A.L. T. Corp. v. Small Business Admin., 801 F.2d 1451,1454-62 (5th Cir. 1986). Although the administrative claim requirement is inapplicable to true third-party actions, 28 U.S.C. § 2675, the administrative claim requirement applies with full force to free-standing suits seeking indemnity or contribution. Keene Corp. v. United States, 700 F.2d 836 (2nd Cir. 1983); Johns-Manville Sales Corp. v. United States, 690 F.2d 7211 (9th Cir. 1982). The requirement that a claimant must present an administrative claim and receive a denial or wait for six months to pass before filing suit only applies when suit is filed against the United States. The administrative claim requirements of 28 U.S.C. § 2675(a) and the time limitations of 28 U.S.C. § 2401 (b) do not apply if a suit is commenced directly against a government employee for actions taken while in the scope of his (or her) office or employment. The Westfall legislation, passed in 1988, amended 28 U.S.C. § 2679 to allow for the substitution of the United States as a defendant in place of an individual employee sued for actions within the scope of his (or her) employment. Once the United States is substituted for the individual employee, if the suit is dismissed for failure to file an administrative claim, the claimant will have 60 days after dismissal of the action to present an administrative claim. Thereafter, the claim will be considered timely if it had been presented on the date the underlying civil action was commenced. 28 U.S.C. § 2679(d)(5). Generally, a hyper-technical interpretation of the administrative claim requirements is not required, but the reported decisions have consistently recognized that the government agency is entitled to notice of the negligent act giving rise to the claim and to a sum certain statement of damages alleged. See, Wardsworth v. United States, 721 F.2d 503 (5th Cir. 1983), cert. denied, 469 U.S. 818 (1984). But see, Adams v. United States, 615 F.2d 284 (5th Cir.), clarified, 622 F.2d 197 (1980) (notice of claim sufficient to permit an agency to investigate it along with a sum certain suffices to comply with the administrative claim presentation requirement); Tidd v. United States, 786 F .2d 1565 (11 th Cir. 1986) (if a “claim” does not supply sufficient information to permit a reasonable investigation, it is not adequate to meet jurisdictional requirements); Bembenesta v. United States, 866 F.2d 493 (D.C. Cir. 1989) (prolix submission held to give insufficient notice to amount to presentment of medical malpractice claim). Not surprisingly, the Ninth Circuit has gone farther than the other circuits in permitting vague allegations to cover a broad variety of claims. See, Avila v. Immigration & Naturalization Service, 731 F.2d 616 (9th Cir. 1984); Broudy v. United States, 722 F.2d 566 (9th Cir. 1983). If a derivative claim is intended to be presented, a separate, signed claim must be received. Manko v. United States, 830 F.2d 831 (8th Cir. 1987); Rucker v. United States Department of Labor, 798 F.2d 891 (6th Cir. 1986). Similarly, reference in a claim to injuries suffered by other persons does not suffice to amount to a claim on behalf of any person other than the signatory. Montoya v. United States, 841 F.2d 102 (5th Cir. 1988). By its terms, the FTCA grants jurisdiction for actions on monetary claims for injury, property loss or death “caused by the negligent or wrongful act or omission of any employee of the Government.” 28 U.S.C. § 1346(b). This language, broad as it is, is limited to negligence actions and does not grant jurisdiction for suits seeking to hold the United States liable on strict or absolute liability theories. Laird v. Nelms, 406 U.S. 797 (1972); Borquez v. United States, 773 F.2d 1050 (9th Cir. 1985). Nor may the United States be held liable unless the cause of action is predicated on the negligence of an employee of the government, rather than a contractor or other person who receives funds and guidance from the United States but over whom the United States does not exercise physical, day-to-day control. United States v. Orleans, 425 U.S. 807 (1976); Logue v. United States, 412 U.S. 521 (1973). Even if government property is utilized, the United States is not liable for acts or omissions of its contractors. Borquez v. United States, 773 F.2d 1050 (9th Cir. 1985); Watson v. Marsh, 689 F.2d 604 (5th Cir. 1982). Moreover, retention of contractual rights to inspect and control contractor activities does not warrant a different conclusion. Brooks v. AR&S Enterprises, 622 F.2d 8 (1 st Cir. 1980). See also, Gober v. United States, 778 F.2d 1552 (11th Cir. 1986) (rejecting failure to warn theory of liability). See also, Letnes v. United States, 820 F.2d 1517 (9th Cir. 1987) (contrasting “contractor” with “employee”) and Brandes v. United States, 783 F .2d 895 (9th Cir. 1986) (defining “employee”); Leone v. United States, 910 F.2d 46, 49-50 (2nd Cir. 1990); cert. denied, 111 S.Ct. 1103 (1991). The FTCA applies only to create liability for acts or omissions of an employee of the government “while acting within the scope of his office or employment.” The United States may be held liable “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1346(b). While the United States may not be visited with novel or unprecedented forms of liability, so long as neutral principles of tort law would impose liability upon a private individual undertaking the same activity, the United States may be held liable for its otherwise actionable negligence, even if the activity for which the United States is sued is not one commonly undertaken by a private individual. Indian Towing Co. v. United States, 350 U.S. 61 (1955); Thomas v. Calavar Corp., 679 F.2d 416 (5th Cir. 1982); Pendley v. United States, 856 F.2d 699 (4th Cir. 1988). However, agency regulations do not create a gratuitous undertaking when the regulations are written for the purpose of protecting agency interests and disclaim an intention to assist others. Moody v. United States, 774 F.2d 150 (6th Cir. 1985), cert. denied, 107 S.Ct. 65 (1986). The duty of the United States in a tort action is defined in accordance with the law of the state where the negligence occurred. Richards v. United States, 369 U.S. 1 (1962) (negligence occurred in Oklahoma, aircraft crashed in Missouri). Neither federal statutes nor the Constitution create a cause of action under the FTCA. Thus, plaintiffs attempting to assert constitutionally based claims do not state a claim within the jurisdiction of the court under the FTCA unless they can point to an actionable tort duty recognized under the law of the state where the act or omission occurred. Jaffee v. United States, 592 F.2d 712 (3d Cir.), cert. denied, 441 U.S. 961 (1979); Lombard v. United States, 690 F.2d 215 (D.C. Cir. 1982), cert., denied, 462 U.S. 1118 (1983); Clemente v. United States, 766 F.2d 1358, 1363 (9th Cir. 1985); Pereira v. United States Postal Service, 964 F.2d 873, 876 (9th Cir. 1992). The FTCA covers acts or omissions of employees of the Executive departments, Legislative Branch employees for non-legislative acts of the Congress, McNamara v. United States, 199 F.Supp. 879 (D.D.C. 1961), and Judicial Branch officers for non-judicial acts. United States v. Le Patourel, 571 F.2d 405 (8th Cir. 1978); 28 U.S.C. § 2671. Employees of non-appropriated fund activities, such as armed forces flying clubs (aero clubs) and officers’ clubs, have been held to have been employees of the government and, therefore, covered by the provisions of the FTCA. Walls v. United States, 832 F.2d 93, 94 n.2 (7th Cir. 1987); Woodside v. United States, 606 F .2d 134, 136 (6th Cir. 1979), cert. denied, 445 U.S. 904 (1980); United States v. Holcombe, 277 F.2d 143 (4th Cir. 1960). As previously mentioned, contractors are not within the definition of federal employee. 28 U.S.C. § 2671. The provisions of the FTCA are exclusive. Even special “sue and be sued” jurisdiction enacted to cover specific agency activities does not permit suits sounding in tort (28 U.S.C. § 2679(a)). If a tort suit does not lie under the FTCA, the action is barred altogether. F.D.I.C. v. Meyer, _ U.S. _, 114 S.Ct. 996 (1994); Colonial Bank & Trust Co. v. American Bankshares Corp., 439 F.Supp. 797, 803 (E.D. Wisc. 1977); Safeway Portland Employees’ Federal Credit Union v. FDIC, 506 F.2d 1213 (9th Cir. 1974). See also, FDIC v. Shinnick, 635 F.Supp. 983 (D. Minn. 1986) (FTCA applied to counterclaim). The FTCA includes specific, enumerated exceptions in 28 U.S.C. § 2680. If an exception applies, the United States may not be sued and litigation based upon an exempt claim is at an end. Griffin v. United States, 500 F.2d 1059 (3d Cir. 1974); Smith v. United States, _U.S._, 113 S.Ct. 1178, 1182 (1993); Kosak v. United States, 465 U.S. 848,104 S.Ct. 1519 (1984); United States v. Orleans, 425 U.S. 807, 813, 96 S.Ct. 1971,1975 (1976); Dalehite v. United States, 346 U.S. 15, 31, 73 S.Ct. 956, 965 (1953). Among the exceptions to the FTCA most frequently applied are the “discretionary function” exception, 28 U.S.C. § 2680(a), and the exceptions for several specific kinds of torts, including intentional torts such as libel, slander, misrepresentation, deceit, and interference with contract rights. 28 U.S.C. § 2680(h). The discretionary function exception precludes suit “based upon an act or omission of an employee of the Government, exercising due care in the execution of a statute or regulation” or “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty.” This exception has probably been grist for the Judicial mill in more reported decisions than any other exception, especially since the VarigUnited States v. SA Empresa Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797 (1984) decision in 1984. It bars suits against the United States based on the discretionary actions of federal employees. The discretionary function exception is grounded in the constitutional principal of separation of powers. Tiffany v. United States, 931 F.2d 271, 276-279 (4th Cir. 1991); Canadian Transport Co. v. United States, 663 F.2d 1081 (D.C. Cir. 1980). It applies without regard to the kind of employee or official charged with the breach of duty, so long as the employee or official is performing, or failing to perform, a discretionary function. Moreover, the exception applies despite allegations of abuse of discretion, by the terms of the exception itself. Dalehite v. United States, 346 U.S. 15 (1953). The Supreme Court reaffirmed the vitality of the discretionary function exception in Varig, in which the Supreme Court ruled that the discretionary function exception barred an FTCA suit for negligent certification of an aircraft. In Berkovitz v. United States, 486 U.S. 531,108 S.Ct. 1959 (1988), the Supreme Court refined the Varig test’s focus on “the nature of the conduct” and the Dalehite focus on policy. The Berkovitz Court outlined a two-prong test: (1) whether the challenged conduct involved an element of judgment or choice and (2) whether the decision involved was the kind the discretionary function exception was designed to shield. The first prong of the test will be satisfied if the agency decisions are “grounded in social, economic and political policy …. ” 108 S.Ct. at 1959, quoting Varig, 467 U.S. at 814. Once it is established that the decision is of the kind that brings in the discretionary function exception, the second prong will only be satisfied “if the action challenged in the case involves the permissible exercise of policy judgment.” 108 S.Ct. at 1959. The “permissible exercise of policy judgment” is likely to include any action or decision based on “considerations of public policy.” 108 S.Ct. at 1959. In Boyle v. United Technologies Corp., 487 U.S. 500, 108 S.Ct. 2510 (1988), the Supreme Court reaffirmed its earlier holdings in both Dalehite and Varig Airlines concerning the broad scope of the discretionary function exception. Boyle, at 517, expansively construed the discretionary function exception to bar a tort suit against a government contractor (Sikorsky Division of United Technologies) for negligent design of a helicopter escape hatch. The court held “selection of the appropriate design for military equipment to be used by our Armed Forces is assuredly a discretionary function since [i]t often involves … judgment as to the balancing of many technical, military, and even social considerations, including specifically the trade-off between greater safety and greater combat effectiveness.” Boyle v. United Technologies Corp., 487 U.S. at 511. Boyle illustrates the broad range of policy considerations which may be used to justify the application of the discretionary function exception. In Boyle, as in Berkovitz, the Court pointed out that if an agency fails “to act in accord with a specific mandatory directive, the discretionary function exception does not apply.” Berkovitz, 108 S.Ct. at 1963. The necessary corollary to this statement is that if there is no federal statute, agency regulation, or policy directive which imposes mandatory duties upon the federal agency or employee, then the agency or employee will have to exercise discretion, and the discretionary function exception may (and probably will) preclude jurisdiction under the FTCA. Suits arising from all kinds of misrepresentations are barred, whether grounded on intentional or negligent misrepresentations. This exception probably was enacted in recognition, at least in part, that disputes over what was said, or not said, by a government official are legion. In the circumstances, it is considered better to protect the public fisc than to subject the government to liability for representations allegedly made by employees, but not amounting to contracts on behalf of the government. United States v. Neustadt, 366 U.S. 696 (1961). The Supreme Court has permitted pleadings seeking to evade the misrepresentation exception included in 28 U.S.C. § 2680(h) to stand where the pleadings allege an independent tort. Block v. Neal, 460 U.S. 289 (1983). Cf., Baroni v. United States, 662 F.2d 287 (5th Cir. 1981), cert. denied, 460 U.S. 1036 (1983); Krejci v. U.S. Army Materiel Development Readiness Command, 733 F.2d 1278 (7th Cir.), cert. denied, 469 U.S. 918 (1984). Block does not countenance an unlimited range of artful pleading. Where a misrepresentation is critical to the claim, it is barred. See, e.g., Carolinas Cotton Growers Assn. v. United States, 785 F.2d 1195 (4th Cir. 1986); Chen v. United States, 674 F.Supp. 1078 (S.D.N.Y. 1987), affirmed without reaching this issue, 854 F.2d 622 (2d Cir. 1988). Despite the exclusion of libel, slander, misrepresentation, and deceit from the provisions of the FTCA, some courts have found that certain claims for invasion of privacy are not subsumed within the scope of these exemptions. See, e.g. Quinones v. United States, 492 F.2d 1269 (3d Cir. 1974); O’Donnell v. United States, 891 F.2d 1079 (3rd Cir. 1989) (holding that Privacy Act remedy was not exclusive); Black v. Sheraton Corp. of America, 564 F.2d 531 (D.C. Cir. 1977). For example, in Birnbaum v. United States, 588 F.2d 319 (2d Cir. 1978), a claim that protected rights were invaded by a mail-opening program was held not actionable under the FTCA to the extent that it was based on a constitutional theory, but viable as to the extent that it was grounded upon state tort principles. A number of other exceptions to the FTCA are included in Section 2680, including exceptions for matters arising out of the assessment or collection of any tax or customs duty or the detention of goods or merchandise (2680(c)), — construed broadly in Kosak v. United States, 465 U.S. 848 (1984) — admiralty claims (2680(d)), claims for damages caused by the fiscal operations of the Treasury or by regulation of the monetary system, any claim arising out of combatant activities of the military or naval forces during time of war (2680(j)), any claim arising in a foreign country (2680(k)), and, among other matters, any claim arising from the activities of a federal land or cooperative bank (2680(n)). Although not barred by a legislative exception to the FTCA, suits by members of the military or naval service arising out of acts incident to service are barred, whether the suits be brought directly by the injured individuals or by their heirs. Feres v. United States, 340 U.S. 135 (1950); United States v. Johnson, 107 S.Ct. 2063 (1987); United States v. Stanley, 107 S. Ct. 3054 (1984); United States v. Shearer, 473 U.S. 52 (1985). Nor may such suits be brought indirectly in the form of third-party claims. Lockheed Aircraft Corp. v. United States, 460 U.S. 190 (1983)5 U.S.C. §§ 8101., et seq. Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 (1977). An exhaustive exposition on the Feres doctrine is beyond the scope of this paper. However, within the context of this presentation, you should be aware that no claim on behalf of an individual who was injured while on a military aircraft and on current (not retired) military status has ever succeeded. Since the complaint is filed in federal court, notice pleading is the rule. See, Rule 8(a), F.R.Civ.P. However, adequate allegations of jurisdiction are required. An attorney filing suit under the FTCA is well advised to allege the basis upon which the court’s jurisdiction is predicated, 28 U.S.C. § 1346(b), and to allege that an administrative claim has been presented and either denied or has been left without action by the agency for six months, permitting suit to be instituted without final action on the claim. 28 U.S.C. § 2675. Venue lies only in the district where the plaintiff resides or where the act or omission at issue occurred. 28 U.S.C. § 1402(b). While private litigants must answer complaints within 20 days, the government is allowed 60 days within which to answer a complaint. Rule 12 (a), F.R.Civ.P. Service of the summons and complaint upon the United States is governed by Rule 4(i). Practice under the FTCA is much the same as practice in any other federal civil case. It should be kept in mind that there is no right to a jury trial. Therefore, unless a magistrate judge is assigned the pretrial task of handling discovery disputes, the judge who hears the motions and discovery disputes will also be the trier of fact. Discovery from the government can be more limited than that from other parties. There are a number of well-recognized privileges incorporated in Rule 501 of the Federal Rules of Evidence. Among these are the privileges normally encompassed under the rubric of “executive privilege” but now more commonly specifically referred to as national security, deliberative process, etc., privileges. Similarly, depositions of high-level government officials are not normally permitted. Rule 803(8) of the Federal Rules of Evidence is an exception to the hearsay rule for records, including data compilations, of agencies setting forth the activities of the office or agency or matters observed pursuant to duty imposed by law as to which matters it has a duty to report. In civil cases, this includes factual findings resulting from an investigation made pursuant to authority granted by law, absent evidence of lack of trustworthiness. Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 109 S.Ct. 439 (1988). This exception to the “hearsay rule” is separate and in addition to the exception for records of regularly conducted activity, commonly known as the business records exception. See, Rule 803(6), F.R.E. Amendments to the FTCA, commonly known as the “Westfall” legislation, create an exclusive remedy under the FTCA for the common law, but not constitutionally based, torts of federal employees. If the employee was acting within the scope of his employment, upon proper certification, the United States is to be substituted as defendant. 28 U.S.C. § 2679(d)(2). Thereafter, the suit shall proceed against the United States “subject to the limitations and exceptions applicable to those [FTCA] actions.” 28 U.S.C. § 267~(d)(4). A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. This statute of limitations was authoritatively construed in United States v. Kubrick, 444 U.S. 111 (1979). In Kubrick, plaintiff sued for damages allegedly resulting from medical malpractice on the part of government personnel. He recovered a judgment from the district court, which was affirmed on appeal by the Third Circuit, after he established that the injury caused by government medical treatment was not known to have resulted from lack of due care during treatment until shortly before the claim was presented. Some courts have shown more than a little reluctance to apply Kubrick. See, e.g., Hohri v. United States, 782 F.2d 227 (D.C. Cir. 1986), rehearing en banc denied, 793 F.2d 304 (D.C. Cir. 1986), vacated, 107 S.Ct. 2246 (1987), on remand, 847 F.2d 279 (Fed. Cir. 1988), cert. denied, 109 S.Ct. 307 (1988); Waits v. United States, 611 F.2d 550 (5th Cir. 1980). Other courts have adhered to Kubrick’s holdings both in form and in substance. See, e.g., Herrera-Diaz v. United States, 845 F.2d 1534 (9th Cir. 1988); Sexton v. United States, 832 F.2d 629 (D.C. Cir. 1987); Barren v. United States, 839 F.2d 987 (3rd Cir. 1988), cert. denied, 109 S.Ct. 79 (1988), Gustavson v. United States, 655 F .2d 1034 (10th Cir. 1981); Dyniewicz v. United States, 742 F.2d 484 (9th Cir. 1984); Fernandez v. United States, 673 F.2d 269 (9th Cir. 1982); Zeleznik v. United States, 770 F.2d 20 (3d Cir. 1985), cert. denied, 1065 S.Ct. 1513 (1986). Certain kinds of tolling allegations appear with predictable frequency. Most courts have, however, rejected arguments for tolling the FTCA’s statute of limitations. Mann v. United States, 399 F.2d 672 (9th Cir. 1968) (FTCA action filed by minor Indian was not tolled); Casias v. United States, 532 F.2d 1339, 1342 (10th Cir. 1976) (insanity does not toll the statute of limitations); Smith v. United States, 588 F.2d 1209 (8th Cir. 1978) (minority does not toll limitations). Cf., Clifford by Clifford v. United States, 738 F.2d 977 (8th Cir. 1984) (a claim does not accrue until guardian appointed for adult incompetent); Washington v. United States, 769 F.2d 1436 (9th Cir. 1985) (similar) [distinguished from minors, Landreth v. United States, 850 F.2d 532 (8th Cir. 1988)]; McDonald v. United States, 843 F.2d 247 (6th Cir. 1988) (continuing treatment rule applied). Generally, there is no right to a jury trial in an FTCA action. 28 U.S.C. § 2402. If the plaintiff prevails, damages are measured by the law of the place where the negligent act or omission occurred, determined by applying the whole law of that jurisdiction. Richards v. United States, 369 U.S. 1,6-7 (1962). Generally, damages under the FTCA are governed by state law. Since FTCA cases are tried to the court and not to a jury, the standard for appellate review of damage awards entered by district courts is the “clearly erroneous” standard. Rule 52(a), F.R.Civ.P. The Federal Tort Claims Act, however, prohibits award of punitive damages. 28 U.S.C. § 2674. The punitive damages prohibition has been construed to mean that income taxes must be subtracted from gross income and future economic losses must be reduced to present value. Trevino v. United States, 804 F.2d 1512 (9th Cir. 1986); Shaw v. United States, 741 F.2d 1202 (9th Cir. 1984). A discount factor must be applied in FTCA litigation as a matter of federal law. See, e.g., Colleen v. United States, 843 F.2d 329 (9th Cir. 1987); Hollinger v. United States, 651 F.2d 636, 641 (9th Cir. 1981); United States v. English, 521 F.2d 63,70 (9th Cir. 1975); O’Connor v. United States, 269 F.2d 578,585 (2d Cir. 1959). But see, Barnes v. United States, 685 F.2d 66 (3d Cir. 1982) (“total offset” method not punitive); DeLucca v. United States, 670 F.2d 843 (9th Cir. 1982) (addition to award to compensate for taxes on income that would be earned by investing the award). Failure to deduct income taxes from the income calculation permits an excessive, punitive recovery in some cases. Felder v. United States, 543 F.2d 657, 670 (9th Cir. 1976); Cf., Kalavity v. United States, 584 F.2d 809 (6th Cir. 1978) (income tax need not be taken into account for persons whose incomes are in the lower range); Harden v. United States, 688 F.2d 1025 (5th Cir. 1982); Kalavity-style limitation of income tax deduction rejected). Contra, Manko v. United States, 830 F.2d 831 (8th Cir. 1987). The FTCA bars punitive damages from being awarded against the government. 28 U.S.C.§ 2674. At one time, this bar was interpreted expansively in favor of the government and was held to bar any form of damages that was not truly compensatory in nature. See, e.g. D’Ambra v. United States, 481 F.2d 14 (1st Cir.), cert. denied, 414 U.S. 1075 (1973); (Rhode Island Wrongful Death Statute); Massachusetts Bonding & Ins. Co. v. United States, 352 U.S. 128 (1956); (plaintiff obtained compensatory damages notwithstanding whether state wrongful-death statute utilized punitive standard). Flannery by Flannery v. United States, 718 F.2d 108 (4th Cir. 1983), cert. denied, 467 U.S. 1226 (1984). In Molzof v. United States, 502 U.S. 301, 112 S.Ct. 711 (1992), the Supreme Court liberalized FTCA damage law relating to punitive damages. In Molzof, the Supreme Court took a narrower view of punitive damages and held that punitive damages should be interpreted according to the traditional, common law meaning and not to mean damages that were not purely compensatory. In Molzof, the question was whether or not damages for future medical expenses could be awarded when the injured party was receiving medical care from the Veteran’s Administration and whether or not the court could award damages for “loss of enjoyment of life.” The District Court and the Court of Appeals held that damages for future medical expenses, when the plaintiff was not paying future medical expenses, and for “loss of enjoyment of life” were not compensatory in nature and, therefore, punitive within the meaning of 28 U.S.C. § 2674. The Supreme Court did not agree with this interpretation and held that the punitive damages prohibition of Section 2674 barred only damages that are punitive in nature and intended to punish the defendant and not damages that were not, strictly speaking, not compensatory. [w]e now see no indication that Congress meant the United States to pay twice for the same injury. Certain elements of tort damages may be the equivalent of elements taken into account in providing disability payments. It would seem incongruous, at first glance, if the United States should have to pay in tort for hospital expenses it had already paid, for example. Brooks v. United States, 337 U.S. 49, 53-54 (1949). The collateral source rule as articulated in Brooks has not been consistently followed by the lower courts. The district and circuit courts have sometimes ignored the limits on double recoveries enacted in the FTCA and commented upon by the Supreme Court in Brooks and have allowed what amounts to a double recovery against the United States. A long line of cases in which the United States was the defendant have held that Social Security insurance benefits [United States v. Hayashi, 282 F.2d 599 (9th Cir. 1960); Smith v. United States, 587 F.2d 1013 (3d Cir. 1978)], Civil Service retirement benefits [United States v. Price, 288 F.2d 448 (4th Cir. 1961 )], and Medicare payments for the cost of medical expenses, [Siverson v. United States, 710 F.2d 557 (9th Cir. 1983); Titchnell v. United States, 681 F.2d 165 (3d Cir. 1982) (cf., Overton v. United States, 619 F.2d 1299 (8th Cir. 1980)], even though they are paid by the United States, are each payments from a so-called “collateral source.” Therefore, tort judgments against the United States may not be reduced by the amount of these payments from the United States to the plaintiff. But see, Steckler v. United States, 549 F.2d 1372 (10th Cir. 1977); (the proportion of Social Security disability payments attributable to payments from federal revenues should be offset against an FTCA award for economic loss due to the disability); Berg v. United States, 806 F.2d 978 (10th Cir. 1986) (applying collateral source rule to Medicare payments and questioning Steckler). [t]o the extent that the defendant is required to pay the total amount there may be a double compensation for a part of the plaintiff’s injury. But it is the position of the law that a benefit that is directed to the injured party should not be shifted so as to become a windfall for the tortfeasor …. The law does not differentiate between the nature of the benefits, so long as they did not come from the defendant or a person acting for him. Restatement (2d) Torts, § 920A (comment b). Thus, it must be recognized that the collateral source rule sanctions a double recovery under certain circumstances. Invocation of the collateral source rule permits “the plaintiff to exceed compensatory limits in the interest of ensuring an impact upon the defendant. “Note v. Unreason In The Law Of Damages: The Collateral Source Rule,” 77 Harvard L.Rev. 741, 742 (1964). Automatic incantation of the collateral source rule has been deemed “the most dubious of practices” (Id., at 753). Similarly, at least one appellate court has stated that it perceives “no compelling reason for providing the injured party with double recovery … and we are not in the business of redistributing the wealth beyond the goal of making the victim … whole.” EEOC v. Enterprise Assn. Steamfitters, 542 F.2d 579, 592 (2d Cir. 1976), cert. denied, 430 U.S. 911 (1977). In general, when litigating against the government, expect the government to take the position that the claimant is not entitled to double payment for benefits provided from public funds. Unlike most other benefits paid to injured FTCA claimants, veterans’ disability benefits paid pursuant to 38 U.S.C. § 310 may be deducted from damages prior to entry of judgment. Both past and future non-service-connected disability payments, paid on account of the same injury involved in an FTCA action, may be deductible from any award made against the United States. United States v. Gray, 199 F.2d 239 (10th Cir. 1952); United States v. Brooks, 176 F.2d 482 (4th Cir. 1949) (on remand from the Supreme Court). See also, Swanson v. United States, 557 F.Supp. 1041 (D.lda. 1983). In contrast, future benefits to be paid under 38 U.S.C. § 351, applicable to injuries received as a result of medical treatment, cannot be deducted. By the terms of the statute, the benefits are suspended until the judgment is recouped. If the benefits have been paid, the judgment should be reduced by past payments. Kubrick v. United States, 581 F.2d 1092 (3d Cir. 1978), reversed on other grounds, 444 U.S. 111 (1979). A growing number of states have enacted statutes limiting liability (e.g., the California recreational use statute, Civil Code § 846) or imposing caps on the amount of non-economic damages that may be awarded. These statutes apply to bar or limit recoveries against the United States, since liability under the FTCA is analogous to private person liability. Proud v. United States, 723 F.2d 705 (9th Cir.), cert. denied, 467 U.S. 1252 (1984); Hoffman v. United States, 767 F.2d 1431 (8th Cir. 1985) (California cap on non-economic damage awards applied to United States); Taylor v. United States, 821 F.2d 1428 (9th Cir. 1987) (California cap on non-economic damage awards applied to United States); Lucas v. United States, 811 F.2d 270 (5th Cir. 1987) (Texas cap on non-economic damages applied to United States upheld against federal constitutional challenge and state constitutional issues certified to state court); Scheib v. Florida San. and Ben. Assn., 759 F.2d 859′ (11th Cir. 1985) (Florida statute abrogating collateral source rule applied to United States ). If a plaintiff prevails, he is entitled to seek taxation of costs pursuant to 28 U.S.C. § 1920 and Rule 54(d), F.R.Civ.P. Similarly, if the United States prevails, it is entitled to seek costs under these provisions. Prejudgment interest may not be awarded against the United States. 28 U.S.C. § 2674. Post-judgment interest may be awarded against the United States only when the United States appeals and the preconditions set forth in 31 U.S.C. § 1304 are strictly met. Reminga v. United States, 695 F.2d 1000 (6th Cir. 1982), cert. denied, 460 U.S. 1086 (1983); Rooney v. United States, 694 F .2d 582 (9th Cir. 1982). Attorneys’ fees are limited to no more than twenty percent of any administrative settlement prior to litigation and to no more than twenty-five percent of any judgment or settlement after suit is filed. 28 U.S.C. § 2678. After a settlement or judgment is final, the Justice Department must submit the settlement or judgment to the General Accounting Office (in Washington, D.C.) for payment. It typically takes from six to eight weeks from the date the settlement or judgment is sent to the General Accounting Office until checks are received by the United States Attorney’s Office or the Department of Justice Attorney handling a matter. If you have been injured as a result of medical negligence, you may feel that you should adopt a “wait-and-see” approach with respect to your injury, or perhaps you don’t “feel up to” deciding whether you want to pursue your legal remedies. You should, however, bear in mind that the law requires you to pursue legal remedies sooner rather than later. This requirement is generally known as the “statute of limitations.” If you fail to file your claim within the statute of limitations you may be forever barred from bringing your claim, regardless of the merit of your claim. Therefore, even if you do not think you will be bringing a lawsuit, consulting with an experienced medical malpractice attorney is essential to determine if any action should be taken to preserve your potential claim. The most common mistake made by military families is their failure to contact an attorney or file a claim because they are concerned that their military career or subsequent health care may be affected in some way. THE FILING OF A CLAIM WILL NOT DAMAGE YOUR MILITARY CAREER OR JEOPARDIZE SUBSEQUENT HEALTH CARE. The second most common mistake made by military families is the assumption that if the injured person is an infant or a minor that they can wait until the child attains the age of majority (18) before filing a claim. THIS IS NOT TRUE. THE TWO (2) YEAR STATUTE OF LIMITATIONS APPLIES TO EVERYONE, REGARDLESS OF WHETHER THEY ARE A CHILD OR INCOMPETENT FOR ANY REASON. A THIRD MISTAKE IS BELIEVING AN ACTIVE DUTY MEMBER CANNOT SUE THE MILITARY. THIS IS TRUE ONLY IF THE ACTIVE DUTY PERSON IS ALSO THE INJURED INDIVIDUAL. AN ACTIVE DUTY PERSON CAN ALWAYS FILE A CLAIM IF HIS/HER SPOUSE OR CHILD IS THE INJURED INDIVIDUAL. If an injury and/or negligent medical care occurs at a military hospital in the United States, the Federal Tort Claims Act provides that a claim must be filed within two (2) years of the injury or when the claimant knew or should have known/suspected the injury and its cause. Once a claim is filed, the United States has six (6) months in which to investigate the claim. After the six-month period, the claimant can file suit in United States District Court or the claimant can continue to work with the United States in an effort to resolve the claim. If a claim is denied by the United States, and the claimant wishes to pursue the matter, suit must be filed in the appropriate United States District Court within six (6) months from the date of the denial letter or the claim is forever barred. If an injury and/or negligent medical care occurs at a military hospital outside the United States, the Military Claims Act provides that the claim must be filed within two (2) years of the injury or when the claimant knew or should have known/suspected the injury and its cause. Unlike the Federal Tort Claims Act, claimants do not have a right to file suit against the United States if they are dissatisfied with the determination of the claim. The statute of limitations cuts off a plaintiff’s right to seek a remedy for an injury. Many of the triggering events for the statute of limitations are tied to what a plaintiff knew or should have known about his injury and its cause. It is, therefore, important to consult an attorney experienced in medical malpractice claims involving the United States military health care system. An experienced attorney can analyze the facts surrounding your case to determine the following: when the malpractice occurred, when you would have been reasonably expected to know you were injured, whether the time for filing a claim can be lengthened due to the circumstances of your case, and what recourse you may have for your injury.

2019-04-21T06:54:39Z

https://www.rmlawcall.com/practice-areas/federal-tort-claims-act

Today, I’m working on how to cool air, move air for cooling and condition air without using traditional expensive air conditioning systems or how to use the traditional systems with non-traditional alternative energy systems to power them. Scientists have discovered that New York City is a “prime location for exploiting high-altitude winds.” In fact, a recent study by the Carnegie Institution and California State University found that globally, high-altitude winds like those over New York City could together meet the current energy needs of the world “100 times over”. After studying 28 years of data, the scientists found the “highest wind power densities over Japan and eastern China, the eastern coast of the United States, southern Australia, and north-eastern Africa,” according to Cristina Archer, of the California State University, Chico. Well, it actually returned the same website with something about Cairo and the use of recycled elements to act as solar water heaters and stuff, then I clicked on a link for the above entry. That was last night, the very last thing I did before getting off the computer and going to bed, after speaking with my daughter in New York taking care of herself and my grandbaby without any fan or air conditioner in the middle of a heat alert weather thing. Alternative energy power systems can be designed to fulfill a great number of functions, from interior and exterior lighting or dedicated water pumping to whole-house power systems. However, there are some household power needs that are simply not well suited to alternative energy power. The largest electric power loads in most households are the hot water heater, refrigerators and freezers, electric clothing dryers and ovens, and air conditioning. In general, anything that heats or freezes using electric power is not an efficient addition to an alternative energy system. While air conditioning isn’t as common in Alaska as it is in many southern climates, some homes and many RVs use traditional air conditioning systems. One energy efficient alternative to traditional air conditioning is an evaporative cooling system, often called a “swamp cooler.” Evaporative coolers are an excellent option for interior cooling in dry climates. A swamp cooler works by drawing air in through a vented surface of the cooler box, where it flows through a water saturated pad and is blown into the household or RV ventilation system. The heat in the air is used to evaporate water in the cooling pad, leaving the air much cooler and slightly more humid than when it entered the cooler. Swamp coolers are so much more efficient than traditional air conditioning because the only electrical draw in the cooling system is the circulating fan and a small circulating pump. They also avoid the environmental hazards of freon. Swamp coolers are available not only in household sizes, but also in portable 12 volt DC models ideal for cooling an RV cab while driving, or a sleeping area at night. However, a swamp cooler will be completely ineffective in a humid climate. If the incoming air is already saturated with humidity, no evaporation will occur, and warm wet air will be blown into the living area. Also, if the moisture in the cooling pads cannot evaporate, the pads themselves will begin to develop an unpleasant odor, which will also be blown into the living area. Of course the simplest way to cool without using an air conditioning system is to use window fans during hot summer months. When combined with exterior window shades, simply maintaining good air circulation through the house or RV can make a major difference in comfort level. It continues with a discussion of each high-energy-draw appliance including heating, refrigerators/freezers, clothes dryers, gas stoves and energy efficient appliances generally. Wait, I saw something else last night before I went to bed and closed up my computer about when and how air conditioners were created and invented in the first place. Let me find that. I thought that every city had programs to make fans and small air conditioners available to people who could not afford them, but maybe New York doesn’t do that, especially with the trillions of dollars in real estate there and Wall Street financial services. With that much money floating through the city, there probably is nothing but attitude, rather than kindness and mercy for people not eating $500 meals. An air conditioner (often referred to as AC) is a home appliance, system, or mechanism designed to dehumidify and extract heat from an area. The cooling is done using a simple refrigeration cycle. In construction, a complete system of heating, ventilation, and air conditioning is referred to as “HVAC“. Its purpose, in a building or an automobile, is to provide comfort during either hot or cold weather. In 1758, Benjamin Franklin and John Hadley, professor of chemistry at Cambridge University, conducted an experiment to explore the principle of evaporation as a means to rapidly cool an object. Franklin and Hadley confirmed that evaporation of highly volatile liquids such as alcohol and ether could be used to drive down the temperature of an object past the freezing point of water. They conducted their experiment with the bulb of a mercury thermometer as their object and with a bellows used to “quicken” the evaporation; they lowered the temperature of the thermometer bulb to 7&_160;°F (-14&_160;°C) while the ambient temperature was 65&_160;°F (18&_160;°C). Franklin noted that soon after they passed the freezing point of water (32°F) a thin film of ice formed on the surface of the thermometer’s bulb and that the ice mass was about a quarter inch thick when they stopped the experiment upon reaching 7&_160;°F (-14&_160;°C). Franklin concluded, “From this experiment, one may see the possibility of freezing a man to death on a warm summer’s day”. In 1820, British scientist and inventor Michael Faraday discovered that compressing and liquefying ammonia could chill air when the liquefied ammonia was allowed to evaporate. In 1842, Florida physician John Gorrie used compressor technology to create ice, which he used to cool air for his patients in his hospital in Apalachicola, Florida. He hoped eventually to use his ice-making machine to regulate the temperature of buildings. He even envisioned centralized air conditioning that could cool entire cities. Though his prototype leaked and performed irregularly, Gorrie was granted a patent in 1851 for his ice-making machine. His hopes for its success vanished soon afterward when his chief financial backer died; Gorrie did not get the money he needed to develop the machine. According to his biographer Vivian M. Sherlock, he blamed the “Ice King”, Frederic Tudor, for his failure, suspecting that Tudor had launched a smear campaign against his invention. Dr. Gorrie died impoverished in 1855 and the idea of air conditioning faded away for 50 years. Early commercial applications of air conditioning were manufactured to cool air for industrial processing rather than personal comfort. In 1902 the first modern electrical air conditioning was invented by Willis Haviland Carrier in Syracuse, New York. Designed to improve manufacturing process control in a printing plant, his invention controlled not only temperature but also humidity. The low heat and humidity were to help maintain consistent paper dimensions and ink alignment. Later Carrier’s technology was applied to increase productivity in the workplace, and The Carrier Air Conditioning Company of America was formed to meet rising demand. Over time air conditioning came to be used to improve comfort in homes and automobiles. Residential sales expanded dramatically in the 1950s. The inverter tag found on some air conditioners signifies the ability of the unit to continuously regulate its thermal transfer flow by altering the speed of the compressor in response to cooling demand. Traditional reverse-cycle air conditioners use a Compressor that is either working at maximum capacity or switched off in order to regulate the temperature of the room. A thermostat is used to measure the ambient air temperature and switch the compressor on when the ambient air temperature is too far from the desired temperature. An alternate way to meet the varying cooling demand is to have the ability to vary the capacity of the compressor or as its technically called “Modulate” the capacity. An air conditioner compressor has two components, a mechanical part – the actual compressor and the electrical part – the motor to drive the compressor. Either of the components can be used to “modulate” the capacity. In Digital Scroll compressors – the mechanical Scrolls of the compression mechanism is controlled to “modulate” and the electric motor runs at constant speed. The other method is to control the speed of the compressors by various means. Air conditioners bearing the inverter tag use a variable-frequency drive to control the speed of the motor and thus the compressor. The variable-frequency drive uses a rectifier to convert the incoming AC current to DC and then uses pulse-width modulation of the DC current within an inverter to produce AC current of a desired frequency. The AC current is used to drive a brushless motor or an induction motor. As the speed of a brushless motor is synchronized to the frequency of the AC current, it is thus possible to build a compressor that can be run at different speeds. Similarly, the voltage and frequency can be varied as needed to run an induction motor at different speeds. A microcontroller can then sample the current ambient air temperature and adjust the speed of the compressor appropriately. All this electronics of course does add to the complexity and comes at a cost, significant being the conversion losses from AC to DC and then back to AC which can be as high as 4 – 6 % for each conversion step. I’ve noticed that there are heat waves and the problems associated with high temperatures across the country, not only in New York, but Atlanta as well and certainly out in the Gulf Coast areas where cleanup is being done and in the overseas war theaters of Afghanistan and elsewhere. There seems to be a need for personal cooling systems that could be used on a person outdoors and inside cooling systems that are less expensive and could use alternative energy choices. There was an Australian neck bandana that provided cooling – what was that called? And, there are some clothing options which protect from the heat that I’ve seen used in desert races and for people who are allergic to the sunshine. But that still doesn’t answer the basic question about home and sleeping environments, especially those who can’t afford hundreds of dollars to buy a traditional air conditioner – nor have the money to fund running it once they have it. Back a few hundred years ago, there were systems built into homes and rooms that supported cooling which are no longer in use. These included high ceilings that took the hot air upside into the room, leaving the cooler air near the floor living areas and tall windows commonly across several walls where a cross-flow of air could be constructed simply by opening the right windows. Because I live on a top floor apartment/condo, and have an attic access – in the summertime, not only do I have the sun coming in to heat the living space – I can also open the attic stairs and allow the heat to move upside into the attic space, leaving the cool air down place in the living areas. I haven’t seen my daughter’s living space, but I’m guessing she has one or two front windows on one side and nothing else to remedy the air temperature. The other thing I’ve noted is that we all have severe air pollution coming from our cities and cars that infiltrate every system including air conditioning filters that are used in the systems now. To put hepa filters and finer filters on these systems, forces the compressor to struggle and hinders the air flow while still allowing much of the very fine material and submicron materials to move through the system and nearly all chemicals coming from the outside or inside environment to move freely through the system unabated. The same thing is happening with many of the face mask respirator systems in use out in the Gulf of Mexico and elsewhere for protection from chemicals and chemical fumes. These hinder the air flow and force the heart and lungs to pump harder to receive the air that is available going through the filters. It needs a group of very serious solutions that work. And homes, businesses, community facilities and commercial buildings no longer built to passively cool the occupants, not made for air flow, not built for comfort in and of themselves to help the systems added for air cooling, heating and safe high quality breathable air – need to be updated to accommodate these things. Yes, that is the real deal – I don’t know what the others are . . . This page offers choices based on activity – but I didn’t see the cooling bandana – the other things are right, though – especially those for extreme heat. Designed for extreme sport or heat, each garment works like a non-stop fan—scooping in air through carefully engineered mesh panels. Designed for improved comfort in summer heat and humidity and during sport or strenuous activity. okay so – which one? A coolant is a fluid which flows through a device to prevent its overheating, transferring the heat produced by the device to other devices that use or dissipate it. An ideal coolant has high thermal capacity, low viscosity, is low-cost, non-toxic, and chemically inert, neither causing nor promoting corrosion of the cooling system. Some applications also require the coolant to be an electrical insulator. While the term coolant is commonly used in automotive, residential and commercial temperature-control applications, in industrial processing, heat transfer fluid is one technical term more often used, in high temperature as well as low temperature manufacturing applications. The coolant can either keep its phase and stay liquid or gaseous, or can undergo a phase change, with the latent heat adding to the cooling efficiency. The latter, when used to achieve low temperatures, is more commonly known as refrigerant. Air is a common form of a coolant. Air cooling uses either convective airflow (passive cooling), or a forced circulation using fans. Hydrogen is used as a high-performance gaseous coolant. Its thermal conductivity is higher than of all gases, it has high specific heat capacity, and low density and therefore low viscosity, which is an advantage for rotary machines susceptible to windage losses. Hydrogen-cooled turbogenerators are currently the most common electrical generators in large power plants. Inert gases are frequently used as coolants in gas-cooled nuclear reactors. Helium is the most favored coolant due to its low tendency to absorb neutrons and become radioactive. Nitrogen and carbon dioxide are frequently used as well. Sulfur hexafluoride is used for cooling and insulating of some high-voltage power systems (circuit breakers, switches, some transformers, etc.). Steam can be used where high specific heat capacity is required in gaseous form and the corrosive properties of hot water are accounted for. The most common coolant is water. Its high heat capacity and low cost makes it a suitable heat-transfer medium. It is usually used with additives, like corrosion inhibitors and antifreezes. Antifreeze, a solution of a suitable organic chemical (most often ethylene glycol, diethylene glycol, or propylene glycol) in water, is used when the water-based coolant has to withstand temperatures below 0 °C, or when its boiling point has to be raised. Betaine is a similar coolant, with the exception that it is made from pure plant juice, and is therefore not toxic or difficult to dispose of ecologically. Very pure deionized water, due to its relatively low electrical conductivity, is used to cool some electrical equipment, often high-power transmitters and high-power vacuum tubes. Heavy water is used in some nuclear reactors; it also serves as a neutron moderator. Polyalkylene Glycol or PAG’s are used as high temperature, thermally stable heat transfer fluids exhibiting strong resistance to oxidation. Modern PAG’s can also be non-toxic and non-hazardous. Cutting fluid is a coolant that also serves as a lubricant for metal-shaping machine tools. Oils are used for applications where water is unsuitable. With higher boiling points than water, oils can be raised to considerably higher temperatures (above 100 degrees Celsius) without introducing high pressures within the container or loop system in question. Mineral oils serve as both coolants and lubricants in many mechanical gears. Castor oil is also used. Due to their high boiling points, mineral oils are used in portable electric radiator-style space heaters in residential applications, and in closed-loop systems for industrial process heating and cooling. Silicone oils are favored for their wide range of operating temperatures. However their high cost limits their applications. Fluorocarbon oils are used for the same reasons. Transformer oil is used for cooling and additional electric insulation of high-power electric transformers. Fuels are frequently used as coolants for engines. A cold fuel flows over some parts of the engine, absorbing its waste heat and being preheated before combustion. Kerosene and other jet fuels frequently serve in this role in aviation engines. Freons were frequently used for immersive cooling of e.g. electronics. Refrigerants are coolants used for reaching low temperatures by undergoing phase change between liquid and gas. Halomethanes were frequently used, most often R-12 and R-22, but due to environmental concerns are being phased out, often with liquified propane or other haloalkanes like R-134a. Anhydrous ammonia is frequently used in large commercial systems, and sulfur dioxide was used in early mechanical refrigerators. Carbon dioxide (R-744) is used as a working fluid in climate control systems for cars, residential air conditioning, commercial refrigeration, and vending machines. Heat pipes are a special application of refrigerants. Liquid fusible alloys can be used as coolants in applications where high temperature stability is required, e.g. some fast breeder nuclear reactors. Sodium or sodium-potassium alloy NaK are frequently used; in special cases lithium can be employed. Another liquid metal used as a coolant is lead, in e.g. lead cooled fast reactors, or a lead-bismuth alloy. Some early fast neutron reactors used mercury. For very high temperature applications, e.g. molten salt reactors or very high temperature reactors, molten salts can be used as coolants. One of the possible combinations is the mix of sodium fluoride and sodium tetrafluoroborate (NaF-NaBF4). Other choices are FLiBe and FLiNaK. Liquified gases are used as coolants for cryogenic applications, including cryo-electron microscopy, overclocking of computer processors, applications using superconductors, or extremely sensitive sensors and very low-noise amplifiers. Liquid nitrogen, which boils at about -196 °C (77K), is the most common and least expensive coolant in use. Liquid air is used to a lesser extent, due to its liquid oxygen content which makes it prone to cause fire or explosions when in contact with combustible materials (see oxyliquits). Lower temperatures can be reached using liquified neon which boils at about -246 °C. The lowest temperatures, used for the most powerful superconducting magnets, are reached using liquid helium. Liquid hydrogen at -250 to -265 °C can also be used as a coolant. In the Reaction Engines Scimitar and the Reaction Engines SABRE hypersonic aircraft engines liquid hydrogen is used as a coolant in the precooler to cool down the air in the intake. At Mach 5, the intake can reach as high as 1000 °C so a precooler is needed to avoid melting of the engine parts. Liquid hydrogen is also used both as a fuel and as a coolant to cool nozzles and combustion chambers of rocket engines. An emerging and new class of coolants are nanofluids which comprise of a carrier liquid, such as water, dispersed with tiny nano-scale particles known as nanoparticles. Purpose-designed nanoparticles of e.g. CuO, alumina, titanium dioxide, carbon nanotubes, silica, or metals (e.g. copper, or silver nanorods) dispersed into the carrier liquid the enhances the heat transfer capabilities of the resulting coolant compared to the carrier liquid alone. The enhancement can be theoretically as high as 350%. The experiments however did not prove so high thermal conductivity improvements, but found significant increase of the critical heat flux of the coolants. Some significant improvements are achievable; e.g. silver nanorods of 55±12 nm diameter and 12.8 µm average length at 0.5 vol.% increased the thermal conductivity of water by 68%, and 0.5 vol.% of silver nanorods increased thermal conductivity of ethylene glycol based coolant by 98%. Alumina nanoparticles at 0.1% can increase the critical heat flux of water by as much as 70%; the particles form rough porous surface on the cooled object, which encourages formation of new bubbles, and their hydrophilic nature then helps pushing them away, hindering the formation of the steam layer. In some applications, solid materials are used as coolants. The materials require high energy to vaporize; this energy is then carried away by the vaporized gases. This approach is common in spaceflight, for ablative atmospheric reentry shields and for cooling of rocket engine nozzles. The same approach is also used for fire protection of structures, where ablative coating is applied. Dry ice and water ice can be also used as coolants, when in direct contact with the structure being cooled. Sublimation of water ice was used for cooling the space suits of astronauts in the Project Apollo. There are 105 components in the system. Stopped a little while to hear President Obama and President Medvedev speak which was historic and absolutely wonderful. Now, let’s see how that goes at the G-20 this weekend as finalizing touches are added with the other participants. A number of fabrics and textiles in common use today need no further UV-blocking enhancement based on their inherent fiber structure, density of weave, and dye components – especially darker colors and indigo dyes. Good examples of these fabrics contain full percentages and/or blends of heavy weight natural fibers like cotton, linen and hemp or light-weight synthetics such as polyester, nylon, lycra and polypropylene. Natural or synthetic indigo dyed denim, twill weaves and canvas are also good examples. However, a significant disadvantage is the heat retention caused by heavier weight and darker colored fabrics. Sun protective clothing was originally popularized (but not exclusively used) in Australia as an option or adjunct to sunscreen lotions and sunblock creams. Sun protective clothing and UV protective fabrics in Australia now follow a lab-testing procedure regulated by a federal agency: ARPANSA. This standard was established in 1996 after work by Australian swimwear companies. The British standard was established in 1998. The NRPB (National Radiological Protection Board) forms the basis of the British Standards Institute standard. Using the Australian method as a model, the USA standard was formally established in 2001, and now employs a more stringent testing protocol: This method includes fabric longevity, abrasion/wear and washability. (To date, the focus for sun protection is swimwear, appropriate hats, shade devices and sunglasses for children.) UPF testing is now very widely used on clothing used for outdoor activities. The original UPF rating system was enhanced in the United States by the ASTM (American Standards and Testing Methods) Committee D13:65 at the behest of the U.S. Food and Drug Administration (FDA) to qualify and standardize the emerging sun protective clothing and textile industry. The UPF rating system may eventually be adopted by interested apparel and domestic textile/fabric manufacturers in the industry at large as a “value added” program strategic to complement consumer safety and consumer awareness. Stay cool on those hot summer days with Miracool heat relief products. Miracool products are ideal for construction workers or for anyone out in the heat. Whether your in the sun or working indoors, MiraCool helps you keep your cool. What is all the hype about MiraCool products? Find out at our Construction Gear Guru Blog. How do you keep cool at work during the warm months? Carry water, take a few breaks, or keep a hand held fan around? Those are great ideas, but there is an additional method of staying cool at work. Personal cooling products by MiraCool. What are MiraCool products? They are a line of water-activated cooling accessories that can be worn anywhere – work, play, indoors or out. Encased within each stay cool product are super-absorbent polymer crystals. The crystals work by soaking them in water then remaining plump and hydrated for up two full days. MiraCool products work by the crystals retain the coolness of the water and work in combination with the evaporation process against the skin to keep you cool and comfortable. I am telling all of you MiraCool products are amazing! The selection of products offered includes cooling bandanas, hats, cooling vests, hard hat pads. All stay cool gear contains super-absorbent polymer crystals for fast cooling. MiraCool products are so easy to use without the need for refrigeration or ice. To make the product cold, simply place it in cold water for 10-20 minutes and off you go. Not only are MiraCool products are perfect for work, but for every activity in your life. They go everywhere you go that is hot including hanging out at the beach, playing sports, and doing yard work. Check out the complete selection of MiraCool products. Beat the heat and stay cool! When heat stress takes its toll on workers it not only affects their overall productivity, it affects their overall safety as well. This bandana incorporates MiraCool crystals which are securely encased inside the bandana. The crystals can hold up to 1000 times their weight in cool refreshing water. Simply soak in cold water for 10-20 minutes and these neck/body refreshing items will provide relief from the heat. Will stay hydrated for several days. The Techniche Phase Change Cooling Military Helmet Insert provides simple and effective heat stress relief. The reusable attachment affixes directly to underside of helmet. The Phase Change Cooling Insert maintains a comfortable 58 degress Farenheit. This uniquely designed cooling vest uses a combination of evaporative cooling material with our specially designed Military Phase Change Cooling Inserts for maximum cooling time. Designed to work with the Interceptor Outer Tactical Vest (OTV), the unique “Buddy Swap” design provides for easy changing of inserts in the field. The hybrid cooling solution offers ultimate relief: Evaporative Cooling fabric provides 5 – 10 hours of cooling relief per soaking and the Phase Change Cooling Inserts maintain a comfortable 58 degree Farenheit (14 degree C) for up to three hours. With 10,000’s of units in operational use it is a proven tool of the US Military. Available in M, L, XL, 2XL and includes one set of Phase Change Cooling Military Vest Inserts. Military Vest Insert Sets Product code HS3047. Originally designed for Black Hawk Helicopter Pilots, Cool Zones amazing controlled temperature technology keeps you cool and outperforms the competition in fit, form and function. Cool Zone is The original and patented controlled – temperature phase change technology. Tested and used by Law Enforcement, the Military, Fire and Rescue and Indutrial Work Sites all over the world. okey dokey – maybe better than frozen peas stuck under a shirt – but hmmmm….. there must be some other choices besides clothing and heavy vests with little pouches in them of polymer crystals – although 58 degrees for three hours, not bad. Doesn’t look like anyone could sleep in it though and not very appropriate for little bitty kids under a year old. Maybe as a seat liner for a car chair possibly. Our patented Air Cooling Vest may be connected to any clean compressed air source and worn under protective clothing. It weighs only 11/2 lbs. Is durable and breathable. One size fits 130-225 lbs. Air Consumption: 5-15 cfm at 100 psi. The air vest is designed to afford cooling to personnel in circumstances where air conditioning is not feasible. The vest connects to any existing clean compressed air source. The patented engineered jets cool the air, keeping the wearer continuously doused with refrigerated air. The airflow enhances the body’s natural evaporative cooling. The airflow additionally keeps the grit, dust and fibers out, while keeping the wearer dry. • Nylon belt keeps vest secure. • Standard ¼” Snap Tite quick-disconnect coupler. • Standard size can fit body weight 130-250 lbs. This one (above) is nifty – but it is a “bring your own air compressor” system. Still, it is pretty nifty and rated for environments up to 120 degrees. And, its pricey too. Might as well buy an air conditioner and carry it around, although that wouldn’t look like a beige vest with its little black belt. hmmm……. A heat exchanger is a device built for efficient heat transfer from one medium to another. The media may be separated by a solid wall, so that they never mix, or they may be in direct contact. They are widely used in space heating, refrigeration, air conditioning, power plants, chemical plants, petrochemical plants, petroleum refineries, natural gas processing, and sewage treatment. One common example of a heat exchanger is the radiator in a car, in which the heat source, being a hot engine-cooling fluid, water, transfers heat to air flowing through the radiator (i.e. the heat transfer medium). There are two primary classifications of heat exchangers according to their flow arrangement. In parallel-flow heat exchangers, the two fluids enter the exchanger at the same end, and travel in parallel to one another to the other side. In counter-flow heat exchangers the fluids enter the exchanger from opposite ends. The counter current design is most efficient, in that it can transfer the most heat from the heat (transfer) medium. See countercurrent exchange. In a cross-flow heat exchanger, the fluids travel roughly perpendicular to one another through the exchanger. For efficiency, heat exchangers are designed to maximize the surface area of the wall between the two fluids, while minimizing resistance to fluid flow through the exchanger. The exchanger’s performance can also be affected by the addition of fins or corrugations in one or both directions, which increase surface area and may channel fluid flow or induce turbulence. The driving temperature across the heat transfer surface varies with position, but an appropriate mean temperature can be defined. In most simple systems this is the log mean temperature difference (LMTD). Sometimes direct knowledge of the LMTD is not available and the NTU method is used. Shell and tube heat exchangers consist of a series of tubes. One set of these tubes contains the fluid that must be either heated or cooled. The second fluid runs over the tubes that are being heated or cooled so that it can either provide the heat or absorb the heat required. A set of tubes is called the tube bundle and can be made up of several types of tubes: plain, longitudinally finned, etc. Shell and Tube heat exchangers are typically used for high pressure applications (with pressures greater than 30 bar and temperatures greater than 260°C). This is because the shell and tube heat exchangers are robust due to their shape. Tube diameter: Using a small tube diameter makes the heat exchanger both economical and compact. However, it is more likely for the heat exchanger to foul up faster and the small size makes mechanical cleaning of the fouling difficult. To prevail over the fouling and cleaning problems, larger tube diameters can be used. Thus to determine the tube diameter, the available space, cost and the fouling nature of the fluids must be considered. Tube length: heat exchangers are usually cheaper when they have a smaller shell diameter and a long tube length. Thus, typically there is an aim to make the heat exchanger as long as physically possible whilst not exceeding production capabilities. However, there are many limitations for this, including the space available at the site where it is going to be used and the need to ensure that there are tubes available in lengths that are twice the required length (so that the tubes can be withdrawn and replaced). Also, it has to be remembered that long, thin tubes are difficult to take out and replace. Tube pitch: when designing the tubes, it is practical to ensure that the tube pitch (i.e., the centre-centre distance of adjoining tubes) is not less than 1.25 times the tubes’ outside diameter. A larger tube pitch leads to a larger overall shell diameter which leads to a more expensive heat exchanger. Baffle Design: baffles are used in shell and tube heat exchangers to direct fluid across the tube bundle. They run perpendicularly to the shell and hold the bundle, preventing the tubes from sagging over a long length. They can also prevent the tubes from vibrating. The most common type of baffle is the segmental baffle. The semicircular segmental baffles are oriented at 180 degrees to the adjacent baffles forcing the fluid to flow upward and downwards between the tube bundle. Baffle spacing is of large thermodynamic concern when designing shell and tube heat exchangers. Baffles must be spaced with consideration for the conversion of pressure drop and heat transfer. For thermo economic optimization it is suggested that the baffles be spaced no closer than 20% of the shell’s inner diameter. Having baffles spaced too closely causes a greater pressure drop because of flow redirection. Consequently having the baffles spaced too far apart means that there may be cooler spots in the corners between baffles. It is also important to ensure the baffles are spaced close enough that the tubes do not sag. The other main type of baffle is the disc and donut baffle which consists of two concentric baffles, the outer wider baffle looks like a donut, whilst the inner baffle is shaped as a disk. This type of baffle forces the fluid to pass around each side of the disk then through the donut baffle generating a different type of fluid flow. Conceptual diagram of a plate and frame heat exchanger. Another type of heat exchanger is the plate heat exchanger. One is composed of multiple, thin, slightly-separated plates that have very large surface areas and fluid flow passages for heat transfer. This stacked-plate arrangement can be more effective, in a given space, than the shell and tube heat exchanger. Advances in gasket and brazing technology have made the plate-type heat exchanger increasingly practical. In HVAC applications, large heat exchangers of this type are called plate-and-frame; when used in open loops, these heat exchangers are normally of the gasketed type to allow periodic disassembly, cleaning, and inspection. There are many types of permanently-bonded plate heat exchangers, such as dip-brazed and vacuum-brazed plate varieties, and they are often specified for closed-loop applications such as refrigeration. Plate heat exchangers also differ in the types of plates that are used, and in the configurations of those plates. Some plates may be stamped with “chevron” or other patterns, where others may have machined fins and/or grooves. This type of heat exchanger uses “sandwiched” passages containing fins to increase the effectivity of the unit. The designs include crossflow and counterflow coupled with various fin configurations such as straight fins, offset fins and wavy fins. Plate and fin heat exchangers are usually made of aluminium alloys which provide higher heat transfer efficiency. The material enables the system to operate at a lower temperature and reduce the weight of the equipment. Plate and fin heat exchangers are mostly used for low temperature services such as natural gas, helium and oxygen liquefaction plants, air separation plants and transport industries such as motor and aircraft engines. This is a heat exchanger with a gas passing upwards through a shower of fluid (often water), and the fluid is then taken elsewhere before being cooled. This is commonly used for cooling gases whilst also removing certain impurities, thus solving two problems at once. It is widely used in espresso machines as an energy-saving method of cooling super-heated water to be used in the extraction of espresso. Another type of heat exchanger is called “(dynamic) scraped surface heat exchanger“. This is mainly used for heating or cooling with high-viscosity products, crystallization processes, evaporation and high-fouling applications. Long running times are achieved due to the continuous scraping of the surface, thus avoiding fouling and achieving a sustainable heat transfer rate during the process. The formula used for this will be Q=A*U*LMTD, whereby Q= heat transfer rate. Power plants which have steam-driven turbines commonly use heat exchangers to boil water into steam. Heat exchangers or similar units for producing steam from water are often called boilers or steam generators. In the nuclear power plants called pressurized water reactors, special large heat exchangers which pass heat from the primary (reactor plant) system to the secondary (steam plant) system, producing steam from water in the process, are called steam generators. All fossil-fueled and nuclear power plants using steam-driven turbines have surface condensers to convert the exhaust steam from the turbines into condensate (water) for re-use. To conserve energy and cooling capacity in chemical and other plants, regenerative heat exchangers can be used to transfer heat from one stream that needs to be cooled to another stream that needs to be heated, such as distillate cooling and reboiler feed pre-heating. Such types of heat exchangers are used predominantly in air conditioning, humidification, water cooling and condensing plants. How does the shirt/poncho work? Cool Shirt® contains more than 45 feet of medical grade capillary tubing securely stitched on the front and back of the shirt. The Resposable Poncho is made from material containing a network of channels that the cooled water flows through. They are both connected to a compact cooling unit via insulated hose with quick, dry disconnects. The cooling unit contains ice, water and an internal pump that supplies cool water to the Cool Shirt® as it covers up to 40% of the body. How long will it keep the user cool? It depends on what type of ice is used (block, crushed or cubed). All of the systems will cool for a longer period of time if BLOCK ice is used rather than crushed or cubed ice. Using block ice, the systems will cool for about 6-7 hours. The system connects to any standard outlet via a UL-approved 110V Adaptor or can be connected to a 12V battery. How do you assemble the system for use? Attach the hoses to the cooling unit and the shirt to the hoses. Be sure the quick, dry disconnect fittings are fully seated by listening for an audible “click”. Add a gallon of water to the cooling unit. Add ice to the top of the cooler. The Cool Shirt® system is now ready for use. The system connects to any standard outlet via a UL-approved 110V Adaptor or to a 12V battery. How do you adjust the temperature of the shirt or poncho? The Temperature Controller is located on the insulated hose near the shirt/poncho. Simply adjust the roller on the controller to control flow and temperature on the shirt/poncho. How can I tell that the shirt is working? The shirt is designed to cool the user, not make them cold. The system is designed to maintain a comfortable temperature. As it is worn, the user can become very comfortable with the shirt or poncho and become unaware of the cooling it is actually providing. If unsure, the easiest way to see that it is working properly is to shut the system off. In less than two minutes, you will have the answer. The Cool Shirt® can be hand or machine-washed and hung to quickly drip-dry or can be dried in a dryer using a laundry bag. The Resposable Poncho can be washed in the same manner and hung to drip dry. It can withstand several washings before requiring replacement. However, it is not necessary to wash the poncho unless desired. Interior: With each use, add 2 ounces of Maintenance Additive (MA-16) in the cooling unit with the ice and water while the unit is being used. This will keep the pump, hoses and shirt lines clear of the buildup that occurs naturally in water-circulation systems. Wipe out cooling unit after each use. Exterior: When deemed necessary, wipe cooling unit, cart and hoses down with warm soapy water (preferably antibacterial). Maintain the outside of these parts just as you would maintain any other equipment used in your environment. How long does the cooling last? This depends on the size of users, the number of users connected to the system and the temperature settings. Expect many hours of use before adding ice. How are the Cool Shirt® and the Resposable Poncho stored? Hang the shirt or poncho on a large hanger. Coil the insulated hoses and store in the cooling unit or lay flat. Do not hang the hoses as this may damage them. Yes. The pump is double-insulated and is available as a 12 Volt system or with a UL-approved 110 adaptor. See specifications on adaptor. Made of 100% durable cotton with over 45 feet of soft resilient tubing, the shirt is machine washable…just put it with the rest of the uniforms. Our Cool Shirt (Cool Suit) Cool Air Systems are a favorite among those drivers that do not use a Cool Shirt®. Air from the car’s external intake is enhanced via a 135 or 235CFM blower and pushed thru the cooling unit, sending cooled, clean HEPA-4 filtered air to the driver’s helmet. The cooling unit is available in two sizes, depending on your needs: 24qt and a more compact 12qt fit smaller spaces. Helmet not included. Tripp Lite’s SRCOOL12K is a next-generation air conditioner designed for supplemental area cooling, emergency cooling and off-hour cooling applications. The SRCOOL12K uses environmentally friendly R410a refridgerant, which complies with EPA standards for 2010 and beyond, and is accepted worldwide. It contains zero, ozone depleting R22 refridgerant that has been banned by the EPS for new equipment manufactured after January 1, 2010. Depending on the humidity level in the room, collection tanks could require emptying several times per day. The SRCOOL12K has a built-in evaporator that expels the condensed water through the exhaust duct, so there is no need for a drain tube, drain pan or water collection tank. Efficient, compact, self-contained and portable, the 120V, 60 Hz SRCOOL12K is ideal for use in data centers, server and wiring closets, IT environments, home and small business offices, conference rooms, warehouses, entertainment centers or other venues with heat-sensitive equipment, particularly in areas that facility air conditioning can’t reach. The SRCOOL12K not only adjusts ambient room temperatures, but can also dehumidify and filter the air, providing better air quality for enhanced equipment performance with minimal noise and power consumption. Designed for quick, simple installation, the SRCOOL12K plugs into a standard 5-15R outlet with no adapter required. Both a standard louvered vent (for general room cooling) and a directional ducted cooling vent (to direct cold air where most needed) are provided. A directional exhaust duct safely removes hot air from the room. The SRCOOL12K meets the needs of the most demanding applications with 12,000 BTU of cooling power. A built-in timer enables the unit to be programmed for unattended startup and shutdown. Controls and displays are conveniently mounted on the top panel. An included window/drop ceiling kit provides multiple installation options. Supplemental cooling for confined areas where the facility HVAC is inadequate or doesn’t reach at all. Dropped ceiling or window heat ventilation kit. I really, really like this one. Too expensive but very nifty – need to get about five of them. This one looks pretty good but it is another $399.00 thing. The Chili Pad™ is a revolutionary heating and cooling system designed to regulate the surface temperature of your mattress so that you can achieve a perfect night’s sleep. Utilizing advanced semi-conductor technology, the Chili Pad™ allows you to control the temperature of your sleeping surface at the touch of a button. Designed to fit all standard and extra thick mattresses, this unique 200 thread count, poly/cotton mattress pad uses soft, medical grade silicon tubing filled with water to heat or cool the surface of the bed to your desired temperature of between 46 -118 degrees Fahrenheit. The Chili Pad™ is a versatile system that allows you to cool or heat your bed according to your individual preference. Unlike an electric blanket, which produces a magnetic field during usage, the ChiliPad™ system creates a safe, balanced temperature below, instead of above the body, without the use of electric coils. Instead of raising and lowering your thermostat and/or air conditioner throughout the night, the Chili Pad’s wireless remote can be instantly adjusted from your bed to save you money on your energy costs. Available in both single and dual climate zone models, the ChiliPad™ allows couples to adjust each side of the bed to their individual temperature preference. The technology utilized by the ChiliPad™ is similar to that of semiconductor technology designed to cool computers. Water constantly flowing in and out of a single connection point in the control system can be cooled or warmed in one degree increments to create a stable surface temperature. The ChiliPad™ fits all standard mattresses, just like an ordinary mattress pad, and the silicon tubes are removable for easy laundering and maintenance. The control unit, operates under 45 decibels, and conveniently fits under the bed. The ChiliPad’s wireless remote is easy to operate and initial set up is simple. The revolutionary, innovative Chili Pad™ is the ideal way to reduce your energy costs while increasing the quality of your sleep. Functions as a Personal Radiator to Absorb and Dissipate Body Heat Back Into the Air. Slip a cooling Chillow Plus® insert into your pillowcase to sleep soundly and comfortably all night long. Designed with SoothSoft technology, this versatile cooling device requires no refrigeration and functions as a personal radiator to absorb and dissipate your body heat back into the air while you sleep. This safe, non-toxic product is activated by water to produce a dry and natural cooling effect that can be applied to a number of ailments, from headaches, to sunburns, hot flashes and night sweats . No more flipping your pillow on hot nights. The Chillow Plus® will keep working for hours, so you can sleep soundly without interruption. This one does say it offers cooling to bring the pillow to room temperature, so if the room temperature is 95 degrees or maybe even higher in the summer time without any air conditioning or fans, then probably that wouldn’t help very much, but I don’t know. These are interesting designs however. Micro heat exchangers, Micro-scale heat exchangers, or microstructured heat exchangers are heat exchangers in which (at least one) fluid flows in lateral confinements with typical dimensions below 1 mm. The most typical such confinement are microchannels, channels with a hydraulic diameter below 1 mm. Just like “conventional” or “macro scale” heat exchangers, micro heat exchangers have either one or two fluidic passages. In the case of one passage, heat is transferred to the fluid from electrically powered heater cartridges, or removed from the fluid by electrically powered elements like Peltier chillers. In the case of two fluidic passages, micro heat exchangers are usually classified by the orientation of the fluid passages to another as “cross flow” or “counter flow” devices. If a chemical reaction is conducted inside a micro heat exchanger, the latter is also called a microreactor. This page is about the thermoelectric effect as a physical phenomenon. For applications of the thermoelectric effect, see thermoelectric materials, thermoelectric generator, and thermoelectric cooling. The thermoelectric effect is the direct conversion of temperature differences to electric voltage and vice versa. A thermoelectric device creates a voltage when there is a different temperature on each side. Conversely when a voltage is applied to it, it creates a temperature difference (known as the Peltier effect). At atomic scale (specifically, charge carriers), an applied temperature gradient causes charged carriers in the material, whether they are electrons or electron holes, to diffuse from the hot side to the cold side, similar to a classical gas that expands when heated; hence, the thermally induced current. Traditionally, the term thermoelectric effect or thermoelectricity encompasses three separately identified effects, the Seebeck effect, the Peltier effect, and the Thomson effect. In many textbooks, thermoelectric effect may also be called the Peltier–Seebeck effect. This separation derives from the independent discoveries of French physicist Jean Charles Athanase Peltier and Estonian-German physicist Thomas Johann Seebeck. Joule heating, the heat that is generated whenever a voltage is applied across a resistive material, is somewhat related, though it is not generally termed a thermoelectric effect (and it is usually regarded as being a loss mechanism due to non-ideality in thermoelectric devices). The Peltier–Seebeck and Thomson effects can in principle be thermodynamically reversible, whereas Joule heating is not. So, okay – the icepacks are frozen, a fan is stuck in front of them, blows across them and then its all better. How about that? With a boxfan – that would be about $35.00. Hmmmmm…………. Okay – I’ll keep looking a bit. Personal Air ConditionerNever fight over the thermostat again. When you’re hot, just turn on this personal air cooling unit and cool your personal space. This portable air conditioner will be the only room air conditioner you need! Your Personal Air Conditioner points 1,000 BTUs directly at you while you work, sleep, watch TV, read, or relax. No need to vent. Just plug in and chill out. 23″H x 14″W x 9″D. Versatile, lightweight, and super efficient, this portable evaporative air cooler uses endothermic reaction to evaporate heat from the air. Lowers surrounding air up to 15-25°. Like a cool breeze off of a body of water, natural evaporation cools without chemicals to harm the environment. This 60 watt cooler is economical, consuming hot air, not energy. Features three speed options, a timer, and sleep mode. Remote control and casters let you operate anywhere. 32″ tall. Don’t let its slim good looks fool you. This Remote Control Triple Cooling Zone Fan packs plenty of power. You can use one, two, or all three built-in fans, plus choose from three wind speeds and three wind modes. Features a built-in timer, oscillation option, and touch controls. 44″ tall. Well, those are from Sharper Image and range from $299 for the first one, $189 for the middle one and $99 for the third one. Hmmmm……. Well, keep looking – but I’m thinking of waterfalls and the way it is so cool wherever they are (standing at the bottom of the falls) – no matter what the air temperature in general, those places are so cool. And usually after it rains, the air is cooler – but not always. And hot, wet air is definitely not a good thing, unless it is intentional for a short period of time in a sauna specifically for that purpose. When it’s hot out, there’s nothing like getting squirted with some water or walking into a place with the AC on full blast. Whenever those sources of cooling aren’t available, you’re pretty much sore out of luck; well, unless you’ve got your Personal Cooling System handy! It looks a bit strange, and you’ll certainly get a few stares when wearing this thing out in public, but the benefits definitely outweigh the cons: a few hours of coolness. The cooler goes around your neck, almost like a necklace. The actual cooling is done by a patented miniature evaporation based cooling system. The quiet motor inside drives the tiny fan which, in turn, produces the end product, the coolness. After pouring a bit of water into the reservoir, the cooler provides you with up to four hours of relief. In case you need more time out of the cooler, a mini 2-oz water bottle is included for filling up on the go. The motor needs to get power from somewhere, and it’s not solar, so you’ll need one AA battery in the cooler in addition to the water. There are two styles of the Personal Cooling System, sleek silver and bizarrely blue which is see through! Living in a climate where the weather is constantly hot and humid can get pretty tiring, and having something like the Personal Cooling System around for hikes or other outdoor activities would be a good idea. The Personal Cooling System, version 3.0 at that, can be yours for only $30. I would look silly walking to Kroger a mile from here with a drum kit traipsing along so I could have a fan. I don’t know how daughter and granddaughter would feel about it. They’d probably like it just fine. It is very nifty. Cool Sport’s line of body cooling vests are designed to keep your body’s core temperature within safe levels during physical exertion within high-heat environments. We have four primary designs; the Cool Vest Lite, the Cool Vest Classic, the Cool Vest Deluxe and the Motor Sport Cool Vest. Each of these vest models have their own design for comfortable wear without any restriction of movement. With our new (phase change material technology) cooling packs, our vests maintain a comfortable, safe and constant 62º F temperature against the body. The Cooling Vests have been proven effective for up to 2.5 hours. Keep in mind that effectiveness is a variable of ambient temperatures, workload and physiology, so yours may vary. Unlike conventional ice and gel packs which take hours to freeze in a freezer, one of the most exciting features of the 62º F. phase change material technology Cool Packs are their ability to recharge in ice water within 20 minutes! The Cool Packs may also be recharged within a refrigerator or freezer and may be stored there without damage to the packs, until ready for use. You can keep a spare set of charged, individual Cool Packs on hand, in a portable cooler for quick and easy changeovers, with minimal downtime! CoolPacks are nontoxic as well as non-flammable. NOTE: Discontinue using cool pack and garment if the packs leak or are ruptured (call for replacements). Do not use the cool vest near sparks, hot objects or open flame without approved protective clothing over top. CoolSport is now capable (on a case-by-case basis) of offering (for all commercial, personal, medical and sports) customizing options for our line of cooling garments, including a wide assortment of colors, patterns (such as camouflage patterns) as well as flame and electrical arc resistant fabrics! Customized options may carry an additional charge. E-mail or fax CoolSport for more details and information. NEW!: See CoolSport’s newest additions to our line of cooling products — The Cooling Accessories page with the Head/Neck Band, Cool Pad and the Wheel Chair Cool Pad!

2019-04-25T04:49:30Z

https://cricketdiane.wordpress.com/tag/air-conditioning/

Ulloa, Sergio A. was born 22 December 1929, is male, registered as Republican Party of Florida, residing at 2723 Fillmore St, Hollywood, Florida 33020. Florida voter ID number 102006919. The voter lists a mailing address and probably prefers you use it: 1508 Oderzo Lane Las Vegas NV 89117. This is the most recent information, from the Florida voter list as of 31 July 2016. Ulloa, Sergio I. was born 26 May 1959, is male, registered as Republican Party of Florida, residing at 15307 Sw 53Rd Ter, Miami, Florida 33185. Florida voter ID number 119425828. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Sharon Anne was born 14 November 1976, is female, registered as Republican Party of Florida, residing at 2419 Ridgeview Dr, Lakeland, Florida 33810-2124. Florida voter ID number 113751748. This is the most recent information, from the Florida voter list as of 31 December 2018. 31 March 2015 voter list: SHARON ANNE ULLOA, 2419 RIDGEVIEW DR, LAKELAND, FL 33810 Republican Party of Florida. Ulloa, Sherri Lorene was born 15 June 1974, is female, registered as Republican Party of Florida, residing at 5210 Kirk Rd, Bartow, Florida 33830. Florida voter ID number 117982807. This is the most recent information, from the Florida voter list as of 31 December 2018. 31 May 2017 voter list: Sherri Lorene Ulloa, 1892 Crossroads Blvd, Winter Haven, FL 33881 Republican Party of Florida. Ulloa, Silvia Elena was born 5 April 1991, is female, registered as Florida Democratic Party, residing at 6934 Arbor Oaks Cir, Bradenton, Florida 34209. Florida voter ID number 117311121. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Silvia P. was born 2 June 1977, is female, registered as No Party Affiliation, residing at 460 Alabama Ave, Ft Lauderdale, Florida 33312-1956. Florida voter ID number 119443774. Her telephone number is 1-954-224-5830. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2015 voter list: Silvia P. Ulloa, 460 Alabama Ave, Ft Lauderdale, FL 33312 No Party Affiliation. Ulloa, Sofia was born 18 July 1951, is female, registered as Florida Democratic Party, residing at 5901 Sw 82Nd St, South Miami, Florida 33143. Florida voter ID number 110104782. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Sonia Eliviet was born 18 March 1944, is female, registered as No Party Affiliation, residing at 6247 Sw 131St Pl, 103, Miami, Florida 33183. Florida voter ID number 117109482. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2012 voter list: Sonia Eliviet Ulloa, 6241 SW 131St PL, 103, Miami, FL 33183 No Party Affiliation. Ulloa, Sonia Elizabeth was born 12 January 1957, is female, registered as Republican Party of Florida, residing at 9133 Rockrose Dr, Tampa, Florida 33647. Florida voter ID number 111038701. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Sonia M. was born 5 February 1950, is female, registered as Republican Party of Florida, residing at 4365 Nw 5Th St, Miami, Florida 33126. Florida voter ID number 116184576. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2018 voter list: Sonia M. Ulloa, 58 NW 65Th Ave, Miami, FL 33126 Republican Party of Florida. 31 May 2016 voter list: Sonia M. Ulloa, 4365 NW 5Th St, Miami, FL 33126 Republican Party of Florida. 31 October 2015 voter list: Sonia M. Ulloa, 4365 NW 5th St, #1114, Miami, FL 33126 Republican Party of Florida. ULLOA, SONIA MARIA born 9 September 1983, Florida voter ID number 124529313 See MONTIJO, SONIA MARIA. CLICK HERE. Ulloa, Sonia Maria was born 13 April 1974, is female, registered as Republican Party of Florida, residing at 9481 Highland Oak Dr, #812, Tampa, Florida 33647. Florida voter ID number 120394562. Her telephone number is 1-813-507-2077. This is the most recent information, from the Florida voter list as of 31 March 2019. 28 February 2018 voter list: Sonia Maria Ulloa-Elshater, 9481 HIGHLAND OAK DR, #812, Tampa, FL 336472520 Republican Party of Florida. 30 April 2016 voter list: Sonia M. Ulloa, 20119 HERITAGE POINT DR, Tampa, FL 33647 Republican Party of Florida. Ulloa, Sophia R. was born 26 August 1995, is female, registered as No Party Affiliation, residing at 1221 Parkside Dr, Ormond Beach, Florida 32174. Florida voter ID number 120958811. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, STACEY VANESSA born 27 August 1988, Florida voter ID number 123173169 See Agostini Medina, Stacey Vanessa. CLICK HERE. ULLOA, STANLEES MIGUEL was born 11 October 1984, is male, registered as Florida Democratic Party, residing at 2807 Youngford St, Orlando, Florida 32824. Florida voter ID number 121937454. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 July 2018 voter list: STANLEES MIGUEL ULLOA, 1113 COURTNEY CHASE CIR, APT 418, ORLANDO, FL 32837 Florida Democratic Party. Ulloa, Stephanie was born 18 July 1991, is female, registered as No Party Affiliation, residing at 3115 Sw 103Rd Ave, Miami, Florida 33165. Florida voter ID number 117557905. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 November 2018 voter list: Stephanie Pastor, 6326 SW 15th St, West Miami, FL 33144 No Party Affiliation. ULLOA, STEPHANIE ANNE born 31 March 1989, Florida voter ID number 119718852 See Vanlandingham, Stephanie Ulloa. CLICK HERE. ULLOA, STEPHANIE CORIN was born 9 December 1992, is female, registered as No Party Affiliation, residing at 1317 Barnwood Pl, Apopka, Florida 32712. Florida voter ID number 126145923. Her telephone number is 1-203-501-4103. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Stephany was born 2 November 1998, is female, registered as Florida Democratic Party, residing at 10064 Nw 126Th Ter, Hialeah Gardens, Florida 33018. Florida voter ID number 123186420. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, STEVEN ERIN was born 2 March 1994, is male, registered as No Party Affiliation, residing at 13845 Se 25Th Ave, Summerfield, Florida 34491. Florida voter ID number 120550217. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Steven T. was born 13 August 1986, is male, registered as Republican Party of Florida, residing at 18223 Cypress Haven Dr, Tampa, Florida 33647. Florida voter ID number 110831986. The voter lists a mailing address and probably prefers you use it: Apt 632 18 Park St Jersey City NJ 07304. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, SUE WEBSTER was born 27 February 1944, is female, registered as Republican Party of Florida, residing at 1681 Saracen Ln, North Port, Florida 34286. Florida voter ID number 119429263. This is the most recent information, from the Florida voter list as of 31 March 2019. 28 February 2018 voter list: Sue Webster Ulloa, 4158 Tamiami Trl, APT K5, Port Charlotte, FL 33952 Republican Party of Florida. 31 October 2015 voter list: SUE WEBSTER ULLOA, 2463 GULF TO BAY BLVD, #227, CLEARWATER, FL 33765 Republican Party of Florida. Ulloa, Susana was born 21 November 1971, is female, registered as Florida Democratic Party, residing at 11109 Nw 18Th Rd, Gainesville, Florida 32606. Florida voter ID number 120749891. Her telephone number is 1-352-281-9939. Her email address is ulloasussie@gmail.com. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2016 voter list: Susana Ulloa, 3315 NW 108Th BLVD, Gainesville, FL 32606 Florida Democratic Party. ULLOA, SUSAN ELLEN was born 10 August 1950, is female, registered as Republican Party of Florida, residing at 2118 Foxford St, Cantonment, Florida 32533. Florida voter ID number 104072324. Her telephone number is 1-850-291-9199. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Suzanne Desiree was born 6 November 1968, is female, registered as Florida Democratic Party, residing at 419 John King Rd, Crestview, Florida 32539-6359. Florida voter ID number 126405658. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Sylvia Susanna was born 21 October 1956, is female, registered as Republican Party of Florida, residing at 3715 43Rd Ave W, Bradenton, Florida 34205. Florida voter ID number 120764695. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, TALIANNA S. was born 22 February 2001, is female, registered as No Party Affiliation, residing at 1380 Waterway Cove Dr, Wellington, Florida 33414. Florida voter ID number 125466595. Her telephone number is 1-561-270-9881. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Teresa was born 13 November 1996, is female, registered as Republican Party of Florida, residing at 14342 Sw 43Rd Ter, Miami, Florida 33175. Florida voter ID number 124235080. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Teresita was born 16 September 1951, is female, registered as Florida Democratic Party, residing at 1861 Sw 5Th St, #11, Miami, Florida 33135. Florida voter ID number 109602730. Her telephone number is 1-305-443-4285. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Teresita was born 25 December 1934, is female, registered as Republican Party of Florida, residing at 335 E 41St St, Hialeah, Florida 33013. Florida voter ID number 106250349. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Thelma B. was born 9 June 1950, is female, registered as No Party Affiliation, residing at 7725 Sw 99Th Ave, Miami, Florida 33173. Florida voter ID number 116044485. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Thomas William was born 22 January 1980, is male, registered as Republican Party of Florida, residing at 14225 River Run Ct, Clermont, Florida 34711. Florida voter ID number 126541178. His telephone number is 1-954-543-3117. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, TIFFANY A. was born 9 February 1976, is female, registered as Florida Democratic Party, residing at 715 Sunny Pine Way, #F-2, Greenacres, Florida 33415. Florida voter ID number 120535337. Her telephone number is 1-303-502-4990. The voter lists a mailing address and probably prefers you use it: UNIT 3030 BOX 5141 DPO AA 34004. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, TONY MICHAEL was born 16 January 1973, is male, registered as Florida Democratic Party, residing at 7064 Raburn Rd, Pensacola, Florida 32526-8057. Florida voter ID number 116496649. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2015 voter list: TONY MICHAEL ULLOA, 1400 LEMHURST RD, PENSACOLA, FL 325073539 Florida Democratic Party. 28 February 2015 voter list: TONY MICHAEL ULLOA, 124 SE GILLILAND RD, PENSACOLA, FL 32507 Florida Democratic Party. 31 May 2012 voter list: TONY MICHAEL ULLOA, 7064 RABURN RD, PENSACOLA, FL 32526 Florida Democratic Party. ULLOA, VALERIA was born 25 January 2000, is female, registered as Florida Democratic Party, residing at 612 Sea Pine Way, Apt B, Greenacres, Florida 33415. Florida voter ID number 124972728. Her telephone number is 1-561-420-3194. Her email address is VALULLOA@ICLOUD.COM. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Vanessa was born 8 September 1988, is female, registered as Republican Party of Florida, residing at 8620 Banyan Way, Tamarac, Florida 33321. Florida voter ID number 115153999. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 August 2017 voter list: Vanessa Ulloa, 6344 Ocean Dr, Margate, FL 330637023 Republican Party of Florida. 30 June 2015 voter list: Vanessa Ulloa, 6344 Ocean Dr, Margate, FL 33063 Republican Party of Florida. Ulloa, Vanessa Andrea was born 27 February 1982, is female, registered as Florida Democratic Party, residing at 1635 W 44Th Pl, Apt 412, Hialeah, Florida 33012. Florida voter ID number 109950912. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2018 voter list: Vannessa Andrea Ulloa, 1635 W 44Th PL, APT #412, Hialeah, FL 33012 Florida Democratic Party. Ulloa, Vannessa Andrea born 27 February 1982, Florida voter ID number 109950912 See Ulloa, Vanessa Andrea. CLICK HERE. Ulloa, Vera was born 15 October 1938, is female, registered as Republican Party of Florida, residing at 12259 Sw 24Th Ter, Miami, Florida 33175. Florida voter ID number 109259291. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Veralucia Milagros born 4 November 1986, Florida voter ID number 115856684 See Hill, Veralucia M. CLICK HERE. Ulloa, Veronica was born 5 March 1976, is female, registered as Republican Party of Florida, residing at 7120 Sw 144Th Ct, Miami, Florida 33183. Florida voter ID number 109807430. This is the most recent information, from the Florida voter list as of 30 April 2018. 31 May 2012 voter list: Veronica Rodriguez, 7120 SW 144Th Ct, Miami, FL 33183 Republican Party of Florida. Ulloa, Veronica Amalia was born 10 July 1960, is female, registered as Florida Democratic Party, residing at 6801 Sw 29Th St, Miami, Florida 33155. Florida voter ID number 122629643. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Vicky Leticia was born 24 November 1999, is female, registered as Florida Democratic Party, residing at 14310 Sw 289Th St, Homestead, Florida 33033. Florida voter ID number 125197128. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 April 2018 voter list: Vicky Leticia Ulloa, 19215 SW 378Th ST, Homestead, FL 33034 Florida Democratic Party. Ulloa, Victor A. was born 5 May 1921, is male, registered as Florida Democratic Party, residing at 353 Nw 152Nd Ave, Pembroke Pines, Florida 33028-1813. Florida voter ID number 101788070. His telephone number is 1-954-437-5861. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2015 voter list: Victor A. Ulloa, 353 NW 152nd Ave, Pembroke Pines, FL 33028 Florida Democratic Party. Ulloa, Victor Daneil was born 28 July 1999, is male, registered as Florida Democratic Party, residing at 10371 Sw 88Th St, Apt G5, Miami, Florida 33176. Florida voter ID number 124805853. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Victoria was born 27 January 1936, is female, registered as Republican Party of Florida, residing at 7036 W 14Th Ct, Hialeah, Florida 33014. Florida voter ID number 109606368. This is the most recent information, from the Florida voter list as of 31 May 2013. ULLOA, VICTOR M. was born 8 June 1944, is male, registered as Florida Democratic Party, residing at 2040 N Keene Rd, Clearwater, Florida 33755. Florida voter ID number 107086119. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Victor Osvaldo was born 13 February 1959, is male, registered as Republican Party of Florida, residing at 16100 Sw 81St Ave, Palmetto Bay, Florida 33157. Florida voter ID number 109223011. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Victor R. was born 9 June 1971, is male, registered as No Party Affiliation, residing at 15422 Sw 11Th Ter, Miami, Florida 33194. Florida voter ID number 117032867. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2015 voter list: Victor Ulloa, 15422 SW 11Th TER, Miami, FL 33194 No Party Affiliation. Ulloa, Victor W. was born 2 June 1957, is male, registered as Florida Democratic Party, residing at 9917 Nw 20Th St, Pembroke Pines, Florida 33024-1443. Florida voter ID number 101788073. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2015 voter list: Victor W. Ulloa, 9917 NW 20th ST, Pembroke Pines, FL 33024 Florida Democratic Party. Ulloa, Vincent Noel was born 31 December 1978, is male, registered as Republican Party of Florida, residing at 9 Bayview Dr, Shalimar, Florida 32579. Florida voter ID number 106102467. His telephone number is 1-972-513-5512. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 October 2016 voter list: Vincent Noel Ulloa, 114 Gail La Rue, Ft Walton Bch, FL 32547 Republican Party of Florida. Ulloa, Virginia was born 3 February 1957, is female, registered as No Party Affiliation, residing at 12323 Sw 91St Ter, Miami, Florida 33186. Florida voter ID number 119959073. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 October 2016 voter list: Virginia Ulloa, 9131 SW 122Nd Ave, APT 208, Miami, FL 33186 No Party Affiliation. Ulloa, Virginia Amanda was born 3 October 1987, registered as No Party Affiliation, residing at 15842 Sw 105Th St, Miami, Florida 33196. Florida voter ID number 126239171. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Viviana Gisela was born 16 May 1960, is female, registered as Republican Party of Florida, residing at 7420 Sw 132Nd St, Pinecrest, Florida 33156. Florida voter ID number 110057467. The voter lists a mailing address and probably prefers you use it: 775 Jr. Acapulco Casa #3 Sol De La M PERU. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, VIVIANA LUISA was born 8 December 1982, is female, registered as No Party Affiliation, residing at 1727 Split Fork Dr, Oldsmar, Florida 34677. Florida voter ID number 114338703. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2014 voter list: VIVIANA LUISA ULLOA, 1508 SEAGULL DR, #304, PALM HARBOR, FL 346853488 No Party Affiliation. 31 March 2014 voter list: VIVIANA LUISA ULLOA, 4240 EAGLE WATCH BLVD, PALM HARBOR, FL 34685 No Party Affiliation. Ulloa, Walter P. was born 8 October 1962, is female, registered as Florida Democratic Party, residing at 8620 Banyan Way, Tamarac, Florida 33321. Florida voter ID number 101490133. Her telephone number is 1-954-682-4916. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 October 2015 voter list: Walter P. Ulloa, 6344 Ocean Dr, Margate, FL 330637023 Florida Democratic Party. 31 May 2015 voter list: Walter P. Ulloa, 6344 Ocean Dr, Margate, FL 330630000 Florida Democratic Party. Ulloa, Wesley J. was born 22 February 1986, is female, registered as Florida Democratic Party, residing at 415 Aledo Ave, Coral Gables, Florida 33134. Florida voter ID number 110211145. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Wilfredo Alejandro was born 3 December 1962, is male, registered as No Party Affiliation, residing at 6983 W 5Th Ave, Hialeah, Florida 33014. Florida voter ID number 121847717. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Wilfredo D. was born 24 January 1989, is male, registered as Florida Democratic Party, residing at 2320 Andrews Valley Dr, Kissimmee, Florida 34758. Florida voter ID number 114812988. This is the most recent information, from the Florida voter list as of 31 May 2012. Ulloa, William was born 26 January 1991, is male, registered as No Party Affiliation, residing at 1076 Nw 31St St, Miami, Florida 33127. Florida voter ID number 118096315. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, William G. was born 26 March 1955, is male, registered as No Party Affiliation, residing at 10209 Oasis Palm Dr, Tampa, Florida 33615. Florida voter ID number 115944876. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Wilson Oswaldo was born 13 February 1984, is male, registered as No Party Affiliation, residing at 4429 Widgeon Way, Tallahassee, Florida 32303. Florida voter ID number 119263205. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Ximena Maria was born 18 August 1997, is female, registered as Florida Democratic Party, residing at 360 Ocean Dr, Key Biscayne, Florida 33149. Florida voter ID number 123016985. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2018 voter list: Ximena Ulloa, 341 Palmwood Ln, Key Biscayne, FL 33149 Florida Democratic Party. Ulloa, Yadeylis was born 24 May 1988, is female, registered as No Party Affiliation, residing at 670 E 45Th St, Hialeah, Florida 33013. Florida voter ID number 124051562. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Yadira was born 2 August 1987, is female, registered as Florida Democratic Party, residing at 9541 Nw 32Nd Ct, Sunrise, Florida 33351-7162. Florida voter ID number 116384863. Her telephone number is 1-954-651-0304. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2015 voter list: Yadira Ulloa, 160 COMMODORE DR, APT 827, Plantation, FL 33325 Florida Democratic Party. 31 May 2012 voter list: Yadira Ulloa, 4873 SW 44th TER, Dania Beach, FL 33314 Florida Democratic Party. Ulloa, Yago Enrique was born 7 June 1999, is male, registered as No Party Affiliation, residing at 360 Ocean Dr, Apt Lph5-S, Key Biscayne, Florida 33149. Florida voter ID number 124805081. His email address is Yagomanulloa@hotmail.com. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2018 voter list: Yago Enrique Ulloa, 341 Palmwood LN, Key Biscayne, FL 33149 No Party Affiliation. Ulloa, Yamilke was born 14 May 1978, is male, registered as Republican Party of Florida, residing at 4050 Sw 137Th Ave, Miramar, Florida 33027. Florida voter ID number 110207894. His telephone number is 1-305-685-1115. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2018 voter list: Yamilke Ulloa, 4050 SW 137Th AVE, Miramar, FL 330273083 Republican Party of Florida. 30 June 2017 voter list: Yamilke Ulloa, 675 W 73Rd PL, Hialeah, FL 33014 Republican Party of Florida. Ulloa, Yany A. was born 1 November 1972, is female, registered as No Party Affiliation, residing at 6115 Nw 186Th St, #103, Hialeah, Florida 33015. Florida voter ID number 116072091. This is the most recent information, from the Florida voter list as of 31 January 2017. Ulloa, Yasmany was born 6 September 1989, registered as No Party Affiliation, residing at 101 Nw 29Th St, Cape Coral, Florida 33993. Florida voter ID number 124486601. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 April 2018 voter list: Yasmany Ulloa, , , FL No Party Affiliation. 28 February 2018 voter list: Yasmany Ulloa, 101 NW 29th ST, Cape Coral, FL 33993 No Party Affiliation. Ulloa, Yesenia was born 8 April 1990, is female, registered as No Party Affiliation, residing at 11511 Nw 88Th Ave, Hialeah Gardens, Florida 33018. Florida voter ID number 116305612. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Yoanna was born 13 April 1982, is female, registered as Florida Democratic Party, residing at 1375 W 41St St, #A-6, Hialeah, Florida 33012. Florida voter ID number 117324074. Her telephone number is 1-305-818-5631. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Yolanda was born 21 September 1945, is female, registered as No Party Affiliation, residing at 1330 W 26Th Pl, Apt 9, Hialeah, Florida 33010. Florida voter ID number 121992784. Her email address is yolandaulloa@live.com. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 May 2018 voter list: Yolanda Ulloa, 6759 SW 14Th ST, Miami, FL 33144 No Party Affiliation. 31 August 2015 voter list: Yolanda Ulloa, 428 SW 2Nd ST, APT 2, Miami, FL 33130 No Party Affiliation. Ulloa, Yolasis was born 16 March 1976, is female, registered as No Party Affiliation, residing at 6890 W 10Th Ave, Hialeah, Florida 33014. Florida voter ID number 123705674. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, YORLLANA was born 1 August 1987, is female, registered as Florida Democratic Party, residing at 3331 Gardenia Dr, Hernando Beach, Florida 34607-3508. Florida voter ID number 118749121. Her telephone number is 1-352-345-1851. Her email address is YORLLI87@GMAIL.COM. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2018 voter list: YORLLANA ULLOA, 10250 TRUDY LYNN DR, BROOKSVILLE, FL 34601 Florida Democratic Party. 29 February 2016 voter list: YORLLANA ULLOA, 8169 CESSNA DR, SPRING HILL, FL 34606 Florida Democratic Party. 31 May 2013 voter list: YORLLANA ULLOA, 7029 EASTBROOK DR, SPRING HILL, FL 34606 Florida Democratic Party. Ulloa, Yoseline Carolina was born 25 June 1992, is female, registered as No Party Affiliation, residing at 13000 Nw Miami Ct, Miami, Florida 33168. Florida voter ID number 118109740. Her email address is la.jay2010@gmail.com. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 August 2016 voter list: Yoseline C. Ulloa, 920 SW 9Th St, Miami, FL 33130 No Party Affiliation. Ulloa, Yudalemys was born 14 November 1985, is female, registered as Florida Democratic Party, residing at 17240 Nw 42Nd Ct, Miami Gardens, Florida 33055. Florida voter ID number 122603448. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 April 2018 voter list: Yudalemys Ulloa, 11201 SW 55Th ST, APT 16, Miramar, FL 33025 Florida Democratic Party. Ulloa, Yuleidys was born 30 August 1982, is female, registered as No Party Affiliation, residing at 15594 128Th Pl, Live Oak, Florida 32060. Florida voter ID number 120372710. Her telephone number is 1-786-393-1853. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 August 2016 voter list: Yuleidys Ulloa, 20305 SW 180Th St, Miami, FL 33187 No Party Affiliation. Ulloa, Yuniet was born 30 May 1982, is male, registered as No Party Affiliation, residing at 8270 Sw 149Th Ct, Apt 104, Miami, Florida 33193. Florida voter ID number 121019402. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA, YVONNE DIANA was born 1 October 1985, is female, registered as No Party Affiliation, residing at 28515 Channel View Dr, Summerland /Lit.T, Florida 33042. Florida voter ID number 123210694. This is the most recent information, from the Florida voter list as of 30 November 2018. Ulloa, Zenaida was born 6 January 1954, is female, registered as Republican Party of Florida, residing at 3131 Sw 20Th St, Miami, Florida 33145. Florida voter ID number 123356152. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Zenaida was born 19 August 1921, is female, registered as Republican Party of Florida, residing at 110 Royal Palm Rd, #115, Hialeah Gardens, Florida 33016. Florida voter ID number 109296332. This is the most recent information, from the Florida voter list as of 30 November 2016. Ulloa, Zenaida Rosario was born 21 August 1964, is female, registered as Republican Party of Florida, residing at 14342 Sw 43Rd Ter, Miami, Florida 33175. Florida voter ID number 109193207. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa, Zenaida Yadell was born 26 September 1989, is female, registered as No Party Affiliation, residing at 10045 Sw 200Th St, Cutler Bay, Florida 33157. Florida voter ID number 117786779. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 April 2018 voter list: Zenaida Y. Ulloa, 2735 W 61St Pl, APT 105, Hialeah, FL 33016 No Party Affiliation. 31 May 2012 voter list: Zenaida Y. Ulloa, 2730 W 61St PL, APT 203, Hialeah, FL 33016 No Party Affiliation. Ulloa, Zoila Janeth was born 15 November 1981, is female, registered as No Party Affiliation, residing at 4535 Ross Lanier Ln, Kissimmee, Florida 34758. Florida voter ID number 115975736. Her telephone number is 1-407-704-0017. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 April 2018 voter list: Zoila J. Ulloa, 1420 Henry ST, Kissimmee, FL 34741 No Party Affiliation. 31 May 2012 voter list: Zoila J. Ulloa, 4535 Ross Lanier Ln, Kissimmee, FL 34758 No Party Affiliation. Ulloa, Zoila Margarita was born 18 September 1960, is female, registered as Florida Democratic Party, residing at 9917 Nw 20Th St, Pembroke Pines, Florida 33024-1443. Florida voter ID number 116436678. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 June 2015 voter list: Zoila Margarita Ulloa, 9917 NW 20Th ST, Pembroke Pines, FL 33024 Florida Democratic Party. ULLOA ALMONTE, NOEMI was born 18 August 1942, is female, registered as No Party Affiliation, residing at 241 Briar Bay Cir, Orlando, Florida 32825. Florida voter ID number 119545682. This is the most recent information, from the Florida voter list as of 31 March 2019. ULLOA ALVAREZ, JOSE LUIS was born 21 December 1987, is male, registered as No Party Affiliation, residing at 1108 S Missouri Ave, #203, Clearwater, Florida 33756. Florida voter ID number 119373165. This is the most recent information, from the Florida voter list as of 22 October 2014. Ulloa-Arena, Alejandro C. was born 29 July 1981, is male, residing at 7344 Cinnamon Lakes Dr, Jacksonville, Florida 32244. Florida voter ID number 103374460. This is the most recent information, from the Florida voter list as of 31 October 2016. Ulloa Balnco, Grabiel was born 23 September 1996, is male, registered as No Party Affiliation, residing at 863 Sw 4Th St, Apt 5, Miami, Florida 33130. Florida voter ID number 122527434. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa Bell, Antonio Esteban was born 1 September 1986, is male, registered as No Party Affiliation, residing at 340 W Flagler St, Apt 1608, Miami, Florida 33130. Florida voter ID number 118832120. This is the most recent information, from the Florida voter list as of 31 March 2019. 30 September 2016 voter list: Antonio Esteban Ulloa Bell, 350 S Miami Ave, APT 2013, Miami, FL 33130 No Party Affiliation. 31 May 2012 voter list: Antonio Esteban Ulloa Bell, 10341 SW 141St ST, Miami, FL 33176 No Party Affiliation. Ulloa Blanco, Gabriel was born 17 February 1993, is male, registered as No Party Affiliation, residing at 863 Sw 4Th St, Apt 5, Miami, Florida 33130. Florida voter ID number 122806744. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa-Cabrera, Cesar A. born 22 February 1965, Florida voter ID number 116018249 See Ulloa, Cesar A. CLICK HERE. Ulloa Caceres, Carlos Alfredo was born 9 October 1989, is male, registered as Florida Democratic Party, residing at 1110 Nw 24Th Ct, Miami, Florida 33125. Florida voter ID number 116160822. This is the most recent information, from the Florida voter list as of 31 January 2017. ULLOA CARABALLO, VALERIA CORAL was born 26 March 1997, is female, registered as No Party Affiliation, residing at 4783 Walden Cir, Apt D, Orlando, Florida 32811. Florida voter ID number 125413540. This is the most recent information, from the Florida voter list as of 31 March 2019. 31 July 2018 voter list: Valeria Coral Ulloa-Caraballo, 244 Intrepid WAY, Indialantic, FL 32903 No Party Affiliation. Ulloa-Caraballo, Valeria Coral born 26 March 1997, Florida voter ID number 125413540 See ULLOA CARABALLO, VALERIA CORAL. CLICK HERE. Ulloa Casanova, Gisela was born 17 August 1954, registered as No Party Affiliation, residing at 3206 W Grove St, Tampa, Florida 33614. Florida voter ID number 125528635. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa-Castellanos, Ricardo was born 10 February 1955, is male, registered as Florida Democratic Party, residing at 8100 Sw 63Rd Pl, Miami, Florida 33143. Florida voter ID number 118162658. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa Castillo, Renier Rolando was born 23 August 1973, registered as Florida Democratic Party, residing at 15231 Sw 80Th St, 306, Miami, Florida 33193. Florida voter ID number 123964069. This is the most recent information, from the Florida voter list as of 28 February 2018. Ulloa Cedeno, Yasell was born 24 July 1982, is male, registered as Republican Party of Florida, residing at 298 E 3Rd St, #103, Hialeah, Florida 33010. Florida voter ID number 126517643. This is the most recent information, from the Florida voter list as of 31 March 2019. Ulloa Chavez, Lazara was born 15 December 1966, is female, registered as Florida Democratic Party, residing at 9635 Sw 24Th St, Apt F 201, Miami, Florida 33165. Florida voter ID number 125337646. This is the most recent information, from the Florida voter list as of 31 March 2019.

2019-04-20T14:15:57Z

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A stent-graft prosthesis includes a generally tubular outer PTFE layer, a generally tubular helical stent, a generally tubular inner PTFE layer, and a suture or fabric support strip. The outer PTFE layer defines an outer layer lumen. The helical stent is disposed within the outer layer lumen and defines a stent lumen. The inner PTFE layer is disposed within the stent lumen and defines an inner layer lumen. The suture includes a suture first end coupled to a stent first end and a suture second end coupled to a stent second end, with the suture disposed between the outer PTFE layer and the inner PTFE layer. Alternatively, the fabric support strip is disposed between the outer and inner PTFE layers. The suture or fabric support strip may include a plurality of sutures or fabric support strips and may be spaced equally around a circumference of the inner PTFE layer. 4969890 November 1990 Sugita et al. 5425710 June 1995 Khair et al. 5700258 December 1997 Mirigian et al. 6537201 March 2003 Kasic, II et al. 6547814 April 2003 Edwin et al. 6673103 January 2004 Golds et al. 2001/0039446 November 2001 Edwin et al. 2014/0130965 May 2014 Banks et al. PCT/US2017/026958 "The International Search Report and the Written Opinion of the International Searching Authority" dated Jun. 21, 2017. cited by applicant. 1. A stent-graft prosthesis comprising: a generally tubular outer PTFE layer, the outer PTFE layer defining an outer layer lumen therein; a generally tubular helical stent formed from a continuous wire wrapped in a helical pattern, the helical stent disposed within the outer layer lumen, the helical stent including a stent first end and a stent second end, and defining a stent lumen therein; a generally tubular inner PTFE layer disposed within the stent lumen defining an inner layer, therein; and a suture having a suture first end coupled to the stent first end and a suture second end coupled to the stent second end, wherein the suture is disposed between the outer PTFE layer and the inner PTFE layer, wherein the helical stent includes a plurality of bands, wherein adjacent bands of the helical stent are coupled to each other only through the continuous wire, the inner and outer PTFE layers, and the suture. 2. The stent-graft prosthesis of claim 1, wherein the suture comprises a plurality of sutures. 3. The stent-graft prosthesis of claim 2, where in the plurality of sutures are spaced equally around a circumference of the inner PTFE layer. 4. The stent-graft prosthesis of claim 1, wherein the suture is disposed between the inner PTFE layer and the helical stent. 5. The stent-graft prosthesis of claim 1, wherein the suture is disposed between the outer PTFE layer and the helical stent. 6. The stent-graft prosthesis of claim 1, wherein the suture is woven over and under the helical stent and is disposed between the inner PTFE layer and the outer PTFE layer. 7. The stent-graft prosthesis of claim 1, wherein the suture extends generally longitudinally. 8. The stent-graft prosthesis of claim 1, wherein the continuous wire of the helical stent includes a plurality of struts separated by apices, wherein the suture wraps entirely around a plurality of the apices as the suture extends from the stent first end to the stent second end. 9. A stent-graft prosthesis comprising: a generally tubular outer PTFE layer, the outer PTFE layer defining an outer layer lumen therein; a generally tubular helical stent formed from a continuous wire formed into a waveform having struts separated by apices and the waveform wrapped in a helical pattern, the helical stent disposed within the outer layer lumen, the helical stent including a stent first end and a stent second end, and defining a stent lumen therein; a generally tubular inner PTFE layer disposed within the stent lumen defining an inner layer, therein; and a suture having a suture first end coupled to the stent first end and a suture second end coupled to the stent second end, wherein the suture is disposed between the outer PTFE layer and the inner PTFE layer, and wherein the suture wraps entirely around a plurality of the apices as the suture extends from the stent first end to the stent second end. 10. The stent-graft prosthesis of claim 9, wherein the suture comprises a plurality of sutures. 11. The stent-graft prosthesis of claim 10, where in the plurality of sutures are spaced equally around a circumference of the inner PTFE layer. 12. The stent-graft prosthesis of claim 9, wherein the suture is disposed between the inner PTFE layer and the helical stent. 13. The stent-graft prosthesis of claim 9, wherein the suture is disposed between the outer PTFE layer and the helical stent. 14. The stent-graft prosthesis of claim 9, wherein the suture extends generally longitudinally. 15. The stent-graft prosthesis of claim 9, wherein the helical stent includes a plurality of bands, wherein adjacent bands of the helical stent are coupled to each other only through the continuous wire, the inner and outer PTFE layers, and the suture. The present invention relates to an implantable prosthesis used to repair or replace a body lumen. More particularly, the present invention relates to an endoluminal prosthesis including a stent, inner and outer PTFE layers, and a support structure maintaining flexibility of the endoluminal prosthesis while providing increased tensile strength. Endoluminal prostheses, also known as stent-graft prostheses, are medical devices commonly known to be used in the treatment of diseased blood vessels. A stent-graft prosthesis is typically used to repair, replace, or otherwise correct a damaged blood vessel. An artery or vein may be disease or damaged in a variety of different ways. The stent-graft prosthesis may therefore be used to prevent or treat a wide variety of defects such as stenosis of the vessel, thrombosis, occlusion, or an aneurysm. Stents are generally tubular open-ended structures providing support for damaged, collapsing, or occluded blood vessels. They are radially expandable from a radially compressed configuration for delivery to the affected vessel site to a radially expanded configuration when deployed at the affected vessel treatment site, with the radially expanded configuration having a larger diameter than the radially compressed configuration. Stents are flexible, which allows them to be inserted through, and conform to, tortuous pathways in the blood vessels. Stents are generally inserted in the radially compressed configuration and expanded to the radially expanded configuration either through a self-expanding mechanism, or through the use of a balloon catheter. Helical stents are formed of a continuous, helically wound wire typically having a series of struts and apices, also known as crowns or bends. In some helical stents, connectors are disposed between adjacent bands of the helically formed wire. A graft is another type of the endoluminal prosthesis, which is used to repair and replace various body vessels. Whereas the stent provides structural support to hold a damaged vessel open, a graft provides an artificial lumen through which blood may flow. Grafts are tubular devices that may be formed of a variety of materials, including textile, and non-textile materials. One type of non-textile material particularly suitable for use as an implantable prosthesis is polytetrafluoroethylene (PTFE). PTFE exhibits superior biocompatibility and has a low thrombogenicity, which makes it particularly useful as vascular graft material in the repair or replacement of blood vessels. In vascular applications, the grafts are manufactured from expanded PTFE tubes. These tubes have a microporous structure that allows natural tissue ingrowth and cell endothelization once implanted in the vascular system. This contributes to long-term healing and patency of the graft. Stents and graft may be combined to form a stent-graft prosthesis, providing both structural support and an artificial lumen through which blood may flow. A stent-graft prosthesis is particularly useful to isolate aneurysms or other blood vessel abnormalities from normal blood pressure, reducing pressure on the weakened vessel wall, thereby reducing the chance of vessel rupture while maintaining blood flow. A stent-graft prosthesis is placed within the aneurysmal blood vessel to create a new flow path and an artificial flow conduit through the aneurysm, thereby reducing the exertion of blood pressure on the aneurysm. The stent-graft prosthesis incorporates one or more radially expandable stent(s) to be radially expanded in situ to anchor the tubular graft to the wall of the blood vessel at sites upstream and downstream of the aneurysm. Thus, endovascular stent-graft prostheses are typically held in place by mechanical engagement and friction by the outward radial force imparted on the wall of the blood vessel by the self-expanding or balloon expandable stent. As previously described, polytetrafluoroethylene (PTFE) is a polymeric material that is well suited for use as the graft material of a stent-graft prosthesis. It is known in the art to form a stent-graft prosthesis that includes an outer PTFE layer which covers or lines at least one stent, as described in, for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers. It is also known in the art to form a stent-graft prosthesis that includes an inner PTFE layer, an outer PTFE layer positioned about the inner PTFE layer and at least one stent interposed or encapsulated between the inner and outer PTFE layers, as described in, for example, U.S. Pat. No. 6,673,103 to Golds et al. and U.S. Patent Publication No. 2014/0130965 to Banks et al. The design of a stent-graft prosthesis must balance strength and flexibility. Generally, increasing the strength a stent-graft prosthesis reduces its flexibility. Conversely, increasing the flexibility of stent-graft prosthesis generally decreases its strength. A stent-graft prosthesis formed with a helical stent without connectors and a PTFE graft material is generally highly flexible, but generally provides little support from either the helical stent or the fused PTFE layers when the stent-graft prosthesis is in tension. As the stent-graft prosthesis encounters tension during use or insertion within a delivery system, durability issues of the PTFE layers can occur. During the periods of tension, the stent-graft prosthesis elongates and the PTFE layers can tear. Pull-loading of a stent-graft prosthesis of this kind into a delivery system is therefore difficult and potentially damaging to the stent-graft prosthesis. Thus, the surgical team will often resort to push-loading of the stent-graft prosthesis into the delivery system. However, push-loading of the stent-graft prosthesis can result in train-wrecking issues causing damage to the stent-graft prosthesis. Accordingly, there is a need for an improved stent-graft prosthesis design providing additional strength when the stent-graft prosthesis is under tension while maintaining flexibility, and methods for manufacturing such a stent-graft prosthesis. Embodiments hereof relate to a stent-graft prosthesis for implantation within a blood vessel. The stent-graft prosthesis includes a generally tubular outer PTFE layer, a generally tubular helical stent, a generally tubular inner PTFE layer, and a suture. The outer PTFE layer defines an outer layer lumen. The helical stent is disposed within the outer layer lumen, includes a stent first end and a stent second end, and defines a stent lumen. The inner PTFE layer is disposed within the stent lumen and defines an inner layer lumen. The suture includes a suture first end coupled to the stent first end and a suture second end coupled to the stent second end. The suture is disposed between the outer PTFE layer and the inner PTFE layer. Embodiments hereof also relate to a stent-graft prosthesis for implantation within a blood vessel. The stent-graft prosthesis includes a generally tubular outer PTFE layer, a generally tubular helical stent, a generally tubular inner PTFE layer, and a fabric support strip. The outer PTFE layer defines an outer layer lumen. The helical stent is disposed within the outer layer lumen and defines a stent lumen. The inner PTFE layer is disposed within the stent lumen and includes a first end and a second end, and defines a central passage and a central axis. The fabric support strip is encapsulated between the outer PTFE layer and the inner PTFE layer, and extends generally longitudinally from a first end of the stent-graft prosthesis to a second end of the stent-graft prosthesis. Embodiments hereof also relate to a method of manufacturing a stent-graft prosthesis for implantation within a blood vessel. An inner PTFE layer is positioned over a mandrel. A first end of a suture is coupled to a first end of a helical stent and a second end of the suture is coupled to a second end of the helical stent such that the suture extends from the stent first end to the stent second end of a helical stent. The helical stent is positioned onto the inner PTFE layer. An outer PTFE layer is positioned over the helical stent and the inner PTFE layer. A heat shrink material is positioned over the outer PTFE layer, with the heat shrink material fully covering the inner and outer PTFE layers. The inner and outer PTFE layers are heated to couple together the inner and outer PTFE layers such that the inner PTFE layer, the helical stent, the suture, and the outer PTFE layer to form the stent-graft prosthesis. The heat shrink material is removed from the stent-graft prosthesis. The stent-graft prosthesis is removed from the mandrel. Embodiments hereof also relate to a method of manufacturing a stent-graft prosthesis for implantation within a blood vessel. An inner PTFE layer is positioned over a mandrel. A helical stent is positioned onto the inner PTFE layer. A fabric support strip is positioned over the inner PTFE layer. An outer PTFE layer is positioned over the fabric support strip, helical stent, and inner PTFE layer. A heat shrink material is positioned over the outer PTFE layer, with the heat shrink material fully covering the inner and outer PTFE layers. The inner and outer PTFE layers are heated to couple together the inner and outer PTFE layers such that the inner PTFE layer, the helical stent, the fabric support strip, and the outer PTFE layer to form the stent-graft prosthesis. The heat shrink material is removed from the stent-graft prosthesis. The stent-graft prosthesis is removed from the mandrel. FIG. 1 is a perspective illustration with partial cutaway of an embodiment of a stent-graft prosthesis according to an embodiment hereof. FIG. 2 is an exploded perspective illustration of the stent-graft prosthesis of FIG. 1. FIG. 3 is a partial cutaway perspective illustration of the stent-graft prosthesis of FIG. 1. FIG. 4 is a perspective illustration of a suture wrapped around an apex of a helical stent of the stent-graft prosthesis of FIG. 1. FIG. 5 is a perspective illustration with partial cutaway of a stent-graft prosthesis according to another embodiment hereof. FIG. 6 is an exploded perspective illustration of the stent-graft prosthesis of FIG. 5. FIG. 7 is a partial cutaway perspective illustration of the stent-graft prosthesis of FIG. 5. FIG. 8 is a side illustration of an embodiment of the fabric support strip of the stent-graft prosthesis of FIG. 5. FIGS. 9-14 are simplified illustrations of the steps in an embodiment of a method of manufacturing the stent-graft prosthesis of FIG. 1. Specific embodiments of the present invention are now described with reference to the figures, wherein like reference numbers indicate identical or functionally similar elements. The following detailed description is merely exemplary in nature and is not intended to limit the invention or the application and uses of the invention. Although the description of the invention is in the context of a stent-graft prosthesis and a method of manufacturing a stent-graft prosthesis for the treatment of blood vessels, the invention may also be used and manufactured for use in any body passageways where it is deemed useful. Furthermore, there is no intention to be bound by any expressed or implied theory presented in the preceding technical field, background, brief summary, or the following detailed description. A stent-graft prosthesis according to an embodiment of the present invention. Is shown in FIGS. 1-3. Stent-graft prosthesis 100 includes an outer PTFE layer 110, a helical stent 120, an inner PTFE layer 140, and a suture 130, as shown in FIG. 1. Components in accordance with the embodiment of stent-graft prosthesis 100 of FIG. 1 are presented in greater detail in FIGS. 2-3. The present disclosure is in no way limited to outer PTFE layer 110, helical stent 120, inner PTFE layer 140, and suture 130, shown and described below. Components of stent-graft prosthesis 100 may assume different forms and construction based upon application needs as described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014-0130965 to Banks et al., previously incorporated herein. Therefore, the following detailed description is not meant to be limiting. Further, the systems and functions described below can be implemented in many different embodiments of hardware. Any actual hardware described is not meant to be limiting. The operation and behavior of the systems and methods presented are described with the understanding that modifications and variations of the embodiments are possible given the level of detail presented. Stent-graft prosthesis 100 is of a generally tubular configuration and includes a first end 102 and a second end 104, as shown in FIG. 1. Stent-graft prosthesis 100 includes a radially compressed configuration (not shown) for delivery to the affected site of a blood vessel and a radially expanded configuration, as shown in FIG. 1. Stent-graft prosthesis 100 may be self-expanding or balloon expandable. Outer PTFE layer 110 is of a generally tubular configuration, includes a first end 112 and a second end 114, and defines an outer layer lumen 116 therein, as shown in FIG. 2. Outer PTFE layer 110 forms an exterior surface of stent-graft prosthesis 100. More particularly, outer PTFE layer 110 is configured to maintain helical stent 120, suture 130, and inner PTFE layer 140 therein, as shown in FIGS. 2-3 and described in greater detail below. While outer PTFE layer 110 is shown with a tubular shape, it is not meant to limit the design, and other shapes and sizes may be utilized. The length of outer PTFE layer 110 is approximately equal to the desired length of stent-graft prosthesis 100. Outer PTFE layer 110 can assume a variety of configurations described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014/0130965 to Banks et al., and previously incorporated herein. Outer PTFE layer 110 may be formed, for example, and not by way of limitation, of polytetrafluoroethylene (PTFE), expandable polytetrafluoroethylene (ePTFE), or any other material suitable for purposes of the present disclosure. Helical stent 120 is of a generally tubular, open-ended structure and is disposed within outer layer lumen 116, as shown in FIGS. 2-3. Helical stent 120 includes a stent first end 122 and a stent second end 124, and defines a stent lumen 126 therein, as shown in FIG. 2. Helical stent 120 is radially expandable from a radially compressed configuration (not shown) for delivery to a radially expanded configuration when deployed, as shown in FIGS. 2-3. In some embodiments, helical stent 120 is formed of a continuous, helically wound wire 121 bent into a waveform having struts 127 and apices 128, also known as crowns or bends, as shown in FIG. 2. The waveform is then helically wrapped into a tubular form, as known in the art. The helically wrapped waveform forms bands 129 of helical stent 120. In the embodiment shown in FIGS. 2-3, adjacent bands 129 are not coupled to each other except through the continuation of wire 121, sutures 120 described below, and inner and outer PTFE layers 140, 110. In other words, additional stent structures do not couple together adjacent bands 129. However, as shown in FIG. 3, free ends of wire 121 (only one shown in FIG. 3) may be coupled to a strut 127, for example, using a crimp connector 123. Helical stent 120 yields a flexible, conformable helical stent, which expands uniformly and provides good radial strength, scaffolding, and fatigue characteristics when expanded. Helical stent 120 may be formed, for example, and not by way of limitation, of nickel titanium, Nitinol, nickel-cobalt-chromium-molybdenum (MP35N), stainless steel, high spring temper steel, or any other metal or composite having elastic properties to permit extension and recoil suitable for purposes of the present disclosure. Inner PTFE layer 140 is of a generally tubular configuration, includes a first end 142 and a second end 144, and defines an inner layer lumen 146 and a central axis CL.sub.1 therein, as shown in FIG. 2. Inner PTFE layer 140 forms an interior surface of stent-graft prosthesis 100. More particularly, inner PTFE layer 140 is configured to provide unrestricted blood flow through stent-graft prosthesis 100 when stent-graft prosthesis 100 is in the radially expanded configuration and deployed at a treatment site of a blood vessel. In some embodiments, the length of inner PTFE layer 140 may be greater than the desired length of stent-graft prosthesis 100. In such embodiments, inner PTFE layer 140 includes first and second ends 142, 144, which are folded over or cuffed during the manufacturing process, as will be explained in more detail herein. Thus, in some embodiments, the length of inner PTFE layer 140 is equal to the desired length of stent-graft prosthesis 100 plus first and second ends 142, 144. While inner PTFE layer 140 is shown with a generally tubular shape, it is not meant to limit the design, and other shapes and sizes are contemplated based on the application requirements. Inner PTFE layer 140 can assume a variety of configurations described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014/0130965 to Banks et al., previously incorporated herein. Inner PTFE layer 140 may be formed, for example, and not by way of limitation, of polytetrafluoroethylene (PTFE), expandable polytetrafluoroethylene (ePTFE), or any other material suitable for purposes of the present disclosure. Suture 130 is an elongated member and includes a suture first end 132 coupled to stent first end 122 and a suture second end 134 coupled to stent second end 124, as shown in FIGS. 2-3. Suture 130 provides additional tension strength to stent-graft prosthesis 100 as described in greater detail below. Suture 130 may be formed, for example, and not by way of limitation, of nylon, polybutester, polypropylene, silk, polyester or other materials suitable for the purposes described herein. Suture 130 may be coupled to helical stent 120, for example, and not by way of limitation, by tying, fusing, welding, or other methods suitable for the purposes described herein. According to embodiments hereof, helical stent 120 is configured to be disposed within outer layer lumen 116 of outer PTFE layer 110, and inner PTFE layer 140 is configured to be disposed within stent lumen 126 of helical stent 120, as shown in FIGS. 2-3. Outer PTFE layer 110 is bonded to inner PTFE layer 140 for example, and not by way of limitation, by fusing, welding, adhesives, or other methods suitable for the purposes described herein. Suture 130 is coupled to helical stent 120 as previously described and configured to extend generally longitudinally with respect to stent-graft prosthesis 100, as shown in FIGS. 2-3. Suture 130 is further configured to provide additional tensile strength to stent-graft prosthesis 100 by limiting the elongation of stent-graft prosthesis 100 when under tension. More particularly, suture 130, attached to helical stent 120 as previously described, limits elongation/stretching of helical stent 120, thereby limiting elongation/stretching of stent-graft prosthesis 100 and reducing the potential for damage to outer and inner PTFE layers 110/140 when stent-graft prosthesis 100 is under tension during use or insertion into a delivery device insertion, for example. In the embodiment shown in FIGS. 2-3, two sutures 130 are shown spaced 180 degrees apart around the circumference of inner PTFE layer 140. However, this is not meant to limit the design, and more or fewer sutures 130 may be utilized. Further, sutures 130 need not be spaced equally about a circumference of inner PTFE layer 140. In the embodiment shown in FIGS. 2-3, sutures 130 are disposed between helical stent 120 and outer PTFE layer 110. However, this is not meant to limit the design and other configurations may be utilized. For example, and not by way of limitation, sutures 130 may be disposed between helical stent 120 and inner PTFE layer 140. Alternatively, sutures 130 may be woven over some portions of helical stent 120 (between helical stent 120 and outer PTFE layer 110) and under other portions of helical stent 120 (between helical stent 120 and inner PTFE layer 140. In another non-limiting example, shown in FIG. 4, sutures 130 may be wrapped around some of the apices 128 of helical stent 120 as sutures 130 extend along the length of helical stent 120. In the embodiment shown in FIGS. 2-3, sutures 130 are coupled to first and second ends 122, 124 of helical stent 120 at stent apices 128. However, this is not meant to limit the design, and sutures may be coupled to other portions of helical stent, such as, but not limited to, struts 127. FIGS. 5-8 show a stent-graft prosthesis 200 according to another embodiment of the present disclosure. Stent-graft prosthesis 200 includes an outer PTFE layer 210, a helical stent 220, an inner PTFE layer 240, and a fabric support strip 230. Components in accordance with the embodiment of stent-graft prosthesis 200 of FIG. 5 are presented in greater detail in FIGS. 6-8. The present disclosure is in no way limited to outer PTFE layer 210, helical stent 220, inner PTFE layer 240, and fabric support strip 230, shown and described below. Components of stent-graft prosthesis 200 may assume different forms and construction based upon application needs as described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014/0130965 to Banks et al., previously incorporated herein. Therefore, the following detailed description is not meant to be limiting. Further, the systems and functions described below can be implemented in many different embodiments of hardware. Any actual hardware described is not meant to be limiting. The operation and behavior of the systems and methods presented are described with the understanding that modifications and variations of the embodiments are possible given the level of detail presented. Stent-graft prosthesis 200 is of a generally tubular configuration and includes a first end 202 and a second end 204, as shown in FIG. 5. Stent-graft prosthesis 200 includes a radially compressed configuration (not shown) for delivery to the affected site of a blood vessel and a radially expanded configuration, as shown in FIG. 5. Stent-graft prosthesis 200 may be self-expanding or balloon expandable. Outer PTFE layer 210 is of a generally tubular configuration, includes a first end 212 and a second end 214, and defines an outer layer lumen 216 therein, as shown in FIG. 6. Outer PTFE layer 210 forms an exterior surface of stent-graft prosthesis 200, More particularly, outer PTFE layer 210 is configured to maintain helical stent 220, fabric support strip 230, and inner PTFE layer 240 therein, as shown in FIGS. 6-7 and described in greater detail below. The length of outer PTFE layer 210 may be approximately equal to the desired length of stent-graft prosthesis 200. While outer PTFE layer 210 is shown with a tubular shape, it is not meant to limit the design, and other shapes and sizes may be utilized. Outer PTFE layer 210 can assume a variety of configurations described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014/0130965 to Banks et al., previously incorporated herein. Outer PTFE layer 210 may be formed, for example, and not by way of limitation, of polytetrafluoroethylene (PTFE), expandable polytetrafluoroethylene (ePTFE), or any other material suitable for purposes of the present disclosure. Helical stent 220 is of a generally tubular, open-ended structure and is disposed within outer PTFE layer lumen 216, as shown in FIGS. 6-7. Helical stent 220 includes a stent first end 222 and a stent second end 224, and defines a stent lumen 226 therein, as shown in FIG. 6. Helical stent 220 is radially expandable from a radially compressed configuration (not shown) for delivery to a radially expanded configuration when deployed, as shown in FIGS. 6-7. In some embodiments, helical stent 220 is formed of a continuous helically wound wire 221 bent into a waveform having struts 227 and apices 228, also known as crowns or bends, as shown in FIG. 6. The waveform is then helically wrapped into a tubular form, as known in the art. The helically wrapped waveform forms bands 229 of helical stent 220. In the embodiment shown in FIGS. 6-7, adjacent bands 229 are not coupled to each other except through the continuation of wire 221, fabric support strip 230 described below, and inner and outer PTFE layers 240, 210. In other words, additional stent structures do not couple together adjacent bands 229. However, as shown in FIG. 7, free ends of wire 221 (only one shown in FIG. 7) may be coupled to a strut 227, for example, using a crimp connector 223. Helical stent 220 yields a flexible, conformable stent, which expands uniformly and provides good radial strength, scaffolding, and fatigue characteristics when expanded. Helical stent 220 may be formed, for example, and not by way of limitation, of nickel titanium, Nitinol, nickel-cobalt-chromium-molybdenum (MP35N), stainless steel, high spring temper steel, or any other metal or composite having elastic properties to permit extension and recoil suitable for purposes of the present disclosure. Inner PTFE layer 240 is of a generally tubular configuration, includes a first end 242 and a second end 244, and defines an inner layer lumen 246 and a central axis CL.sub.2, therein, as shown in FIG. 6. Inner PTFE layer 240 forms an interior surface of stent-graft prosthesis 200. More particularly, inner PTFE layer 240 is configured to provide unrestricted blood flow through graft-stent prosthesis 200 when stent-graft prosthesis 200 is in the radially expanded configuration and deployed at a treatment site of a blood vessel. In some embodiments, the length of inner PTFE layer 240 may be greater than the desired length of stent-graft prosthesis 200. In such embodiments, inner PTFE layer 240 includes first and second ends 242, 244, which are folded over or cuffed during the manufacturing process as will be explained in more detail herein. Thus, in such embodiments, the length of inner PTFE layer 240 is equal to the desired length of stent-graft prosthesis 200 plus first and second ends 242, 244. While inner PTFE layer 240 is shown with a generally tubular shape, it is not meant to limit the design, and other shapes and sizes may be utilized. Inner PTFE layer 240 can assume a variety of configurations described in greater detail in for example, U.S. Pat. No. 5,700,285 and U.S. Pat. No. 5,735,892 to Myers, U.S. Pat. No. 6,673,103 to Golds et al., and U.S. Patent Publication No. 2014/0130965 to Banks et al., previously incorporated herein. Inner PTFE layer 240 may be formed, for example, and not by way of limitation, of polytetrafluoroethylene (PTFE), expandable polytetrafluoroethylene (ePTFE), or any other material suitable for purposes of the present disclosure. Fabric support strip 230 is an elongated member that provides additional tension strength to stent-graft 200 as described in greater detail below and shown in FIGS. 6-8. Fabric support strip 230 includes a strip first end 232 and a strip second end 234. In an embodiment, the length of fabric support strip 230 is approximately equal to the desired length of stent-graft prosthesis 200. Fabric support strip has a width W in the range of 0.5-8 mm, although other widths may also be used. As shown in FIG. 8, fabric support strip 230 may be a mesh fabric 235 including a plurality of openings 236 to improve bonding of outer PTFE layer 210 to inner PTFE layer 240 through fabric support strip 230. Fabric support strip 230 may be formed, for example, and not by way of limitation, of nylon, polybutester, polypropylene, silk, polyester or other materials suitable for the purposes described herein. Fabric support strip 230 may further include a biologically or pharmacologically active substance for example, and not by way of limitation, an antithrombogenic substance, a substance configured to increase endothelialization, an antineoplastic, an antimitotic, an anti-inflammatory, an antiplatelet, an anticoagulant, an anti-fibrin, an antithrombin, an antiproliferative, an antibiotic, an antioxidant, an antiallergic, or other substances or combinations of substances suitable for the purposes described herein. According to embodiments hereof, helical stent 220 is configured to be disposed within outer layer lumen 216 of outer PTFE layer 210, and inner PTFE layer 240 is configured to be disposed within stent lumen 226 of helical stent 220, as shown in FIGS. 6-7. Outer PTFE layer 210 is bonded to inner PTFE layer 240 for example, and not by way of limitation, by fusing, welding, adhesives, or other methods suitable for the purposes described herein. Fabric support strip 230 is configured to extend generally longitudinally with respect to stent-graft prosthesis 200, as shown in FIGS. 6-7. Fabric Support strip 230 is further configured to provide additional strength to stent-graft prosthesis 200 by limiting the elongation of stent-graft prosthesis 200 when under tension. More particularly, fabric support strip 230, bonded between outer PTFE layer 210 and inner PTFE layer 240, limits elongation/stretching of outer and inner PTFE layers 210/240 and helical stent 220, thereby limiting elongation/stretching of stent-graft prosthesis 200 and reducing the potential for damage to outer and inner PTFE layers 210/240 when stent-graft prosthesis 200 is under tension during use or insertion into a delivery device insertion, for example. In the embodiment shown in FIGS. 6-7, two fabric support strips 230 are shown spaced 180 degrees apart around the circumference of inner PTFE layer 240. However, this is not meant to limit the design, and more for fewer fabric support strips 230 may be utilized. However, the number of fabric support strips 230 should be limited such as not to increase the profile (e.g. diameter) of stent-graft prosthesis 200 an undesired amount. Thus, in preferred embodiments, 2 to 8 fabric supports strips 230 are utilized. In other preferred embodiments, 2 to 4 fabric support strips are utilized. Further, fabric support strips 230 need not be spaced equally about a circumference of inner PTFE layer 240. In preferred embodiments, a fabric support strip 230 does not extend around the entire circumference of inner PTFE layer 240. In the embodiment shown in FIGS. 6-7, fabric support strips 230 are disposed between helical stent 220 and outer PTFE layer 210. However, this is not meant to limit the design and other configurations may be utilized. For example, and not by way of limitation, fabric support strips 230 may be disposed between helical stent 220 and inner PTFE layer 240. FIGS. 9-14 show schematically some steps in an embodiment of a method of manufacturing or forming a stent-graft prosthesis, such as stent-graft prosthesis 100. Although described herein with stent-graft prosthesis 100, it will be apparent to one of ordinary skill that methods described herein may be utilized to form a stent-graft prosthesis according to any embodiment described herein, such as, for example, stent-graft prosthesis 200. In the method, inner PTFE layer 140 is positioned over a mandrel 300, as shown in FIG. 9. As previously described, the length of inner PTFE layer 140 may be greater than the desired length of stent-graft prosthesis 100, because inner PTFE layer 140 includes first and second ends 142, 144 which may folded over or cuffed during the manufacturing process as will be explained in more detail herein. Thus, the length of inner PTFE layer 140 may be equal to the desired length of stent-graft prosthesis 100 plus the length of first and second ends 142, 144. In order to place inner PTFE layer 140 onto mandrel 300, as well as additional layers of material slid over mandrel 300, mandrel 300 may include a tapered expansion tip (not shown) to ease or assist in positioning of tubing over the mandrel. Inner PTFE layer 140 is slid over mandrel 300 until it is approximately centered thereon, as shown in FIG. 9. In another step of the method, each suture first end 132 of each suture 130 is coupled to stent first end 122, and each suture second end 134 of each suture 130 is coupled to stent second end 124 such that each suture 130 extends generally longitudinally from stent first end 122 to stent second end 124 of helical stent 120, as shown in FIG. 10. Once inner PTFE layer 140 is in place and sutures 130 have been coupled to helical stent 120 as described above, helical stent 120 is positioned over inner PTFE layer 140, as shown in FIG. 11. Helical stent 120 is not positioned on first and second ends 142, 144 of inner PTFE layer 140 because the ends are folded over or cuffed in a later processing step as described in more detail with respect to FIG. 13. Although the method is described with sutures 130 being coupled to helical stent 120 prior to placement of helical stent 120 over inner PTFE layer 140, this disclosure is not so limited. For example, and not by way of limitation, the sutures 130 may be coupled to helical stent 120 after helical stent 120 is position over inner PTFE layer 140. Similarly, if the method is used to form stent-graft prosthesis 200, fabric support strips 230 may be placed over inner PTFE layer 240, and then helical stent 220 may be placed over fabric support strips 230. Alternatively, helical stent 220 may be placed over inner PTFE layer 240, and then fabric supports strips 230 may be placed over helical stent 220. In another non-limiting example, some fabric support strips 230 may be placed over inner PTFE layer 240 before helical stent 220, and other may be placed over helical stent 220. Once helical stent 120 is in place, outer PTFE layer 110 is then positioned directly over inner PTFE layer 140 and helical stent 120, as shown in FIG. 12. In an embodiment, the length of outer PTFE layer 110 is approximately equal to the desired length of stent-graft prosthesis 100. Outer PTFE layer 110 is slid over inner PTFE layer 140 until it is approximately centered thereon, as shown in FIG. 12, such that outer PTFE layer 110 is not positioned on first and second ends 142, 144 of inner PTFE layer 140. As shown in FIG. 13, first and second ends 142, 144 are then folded over or cuffed. More particularly, first and second ends 142, 144 are folded or rolled over such that an outer surface of first and second ends 142, 144 lays against or overlaps onto a portion of an outer surface of outer PTFE layer 110, thereby forming cuffs having three layers of ePTFE on the ends of the assembled components or layers. In one embodiment, first and second ends 142, 144 may each be approximately 5 mm in length. Once outer PTFE layer 110 is in place, a heat shrink tubing 310 is slid over outer PTFE layer 110 until it is approximately centered thereon, as shown in FIG. 14. As will be understood by one of ordinary skill in the art, heat shrink tubing 310 is expanded tubing that will shrink when heat is applied thereto in an effort to return or recover to the relaxed diameter it originally had when extruded. When heat shrink tubing 310 shrinks or recovers, it radially compresses the assembled components or layers during the heating step described herein to form stent-graft prosthesis 100 in a radially compressed or delivery configuration suitable for delivery into the vasculature. The length of heat shrink tubing 310 may be greater than the length of outer PTFE layer 110 such that heat shrink tubing 310 completely/fully covers or extends over the assembled components or layers on mandrel 300. Heat shrink tubing 310 may include one or more slits or cuts 320, formed or made transverse to a longitudinal axis of heat shrink tubing 310, at a first and/or second end or edge 312, 314 thereof, to facilitate the step of removing the heat shrink material as will be described in more detail herein. Heat shrink tubing 310 may be formed of a polymeric material such as polytetrafluoroethylene (PTFE) and may include a coating coupled to or on an inner surface thereof. In one embodiment, the coating is high temperature resistant parylene HT (high temperature), commercially available from Specialty Coatings Systems of Indianapolis, Ind., which prevents bonding/adhesion between outer PTFE layer 110 (not shown in FIG. 14) and heat shrink tubing 310 during the heating step described herein. The parylene HT coating has a thickness not greater than five microns or micrometers in order to conform to the inner surface of heat shrink tubing 310, and in one embodiment, the parylene HT coating has a thickness not greater than one micron or micrometer. With inner and outer PTFE layers 140, 110, helical stent 120, and heat shrink tubing 310 assembled onto mandrel 300, the assembly is heated such that the nodes and fibrils of inner and outer PTFE layers 140, 110 entangle, intertwine, interweave, or otherwise mesh together, thereby coupling inner and outer PTFE layers 140, 110 together. The heating step may be performed in any manner known to those skilled in the art. For example, and not by way of limitation, the assembled layers on mandrel 300 may be heated in an oven or similar device. In another non-limiting example, direct heating elements may be placed within a lumen (not shown) of mandrel 300, or surrounding mandrel 300 in close proximately thereto. Other heating methods and devices may also be used. Once inner and outer PTFE layers 140, 110 are entangled or coupled together, stent-graft prosthesis 100 is thereby formed. Heat shrink tubing 310 may then be removed. In one embodiment, heat shrink tubing 310 may be ripped or torn off stent-graft prosthesis 100 by pulling at slits 320 formed therein. When heat shrink tubing 310 includes a parylene HT coating on the inner surface thereof as described above, heat shrink tubing 310 advantageously cracks or snaps apart during removal thereof. After heat shrink tubing 310 is removed, stent-graft prosthesis 100 may also be removed from mandrel 300 by pulling or sliding it off. In addition, although the embodiment described above with respect to FIGS. 9-14 illustrates each of inner and outer PTFE layers 140, 110 as tubular components, it will be understood by those of ordinary skill in the art that inner and outer PTFE layers 140, 110 may be formed via PTFE material which is not originally formed as a tubular component. Further, although the embodiment described above with respect to FIGS. 9-14 illustrates each of inner and outer PTFE layers 140, 110 as single tubular components, it will be understood by those of ordinary skill in the art that inner PTFE layer 140 may include one or more tubular PTFE layers or components and/or outer PTFE layer 110 may include one or more tubular ePTFE layers or components. If more than two layers of PTFE are included, the heating step as described herein operates to entangle all layers of PTFE together within the above-described waiting periods such that all of the PTFE layers, helical stent 120, and sutures 130 form stent-graft prosthesis 100. While only some embodiments have been described herein, it should be understood that it has been presented by way of illustration and example only, and not limitation. Various changes in form and detail can be made therein without departing from the spirit and scope of the invention, and each feature of the embodiments discussed herein, and of each reference cited herein, can be used in combination with the features of any other embodiment. All patents and publications discussed herein are incorporated by reference herein in their entirety.

2019-04-24T18:18:04Z

http://patents.com/us-10010403.html

If field goals were suddenly worth four points and touchdowns were worth five, football coaches would change their strategies. This type of scoring change has occurred in the estate planning field, but many people keep using their old playbooks. Recent income and estate tax updates have adjusted how the planning game should be played. If your estate plan was drafted before they came into effect, reconsidering how you structure your estate could save you tens of thousands, or even millions, of dollars. To understand these rule changes, we should rewind to the year 2000. The federal estate tax only applied to estates exceeding $675,000 and was charged at rates up to 55 percent. Long-term capital gains were taxed at 20 percent. Since then, the amount that can pass free of estate tax has drifted higher, to $5.43 million in 2015, and the top estate tax rate has dropped to 40 percent. On the other hand, the top ordinary income tax rate of 39.6 percent when coupled with the 3.8 percent Net Investment Income tax is now higher than the federal estate tax rate. Although the top capital gains tax rate of 23.8 percent (when including the 3.8 percent Net Investment Income tax), remains less than the estate tax rate, these changes in tax rate differentials can significantly modify the best financial moves in planning an estate. While estate tax used to be the dangerous player to guard, now income taxes can be an equal or greater opponent. Besides the tax rate changes, the biggest development that most people’s estate plans don’t address is a relatively new rule known as the portability election. Before the rule was enacted in 2011, if a spouse died without using his or her full exemption, the unused exemption was lost. This was a primary reason so many estate plans created a trust upon the first spouse’s death. Portability allows the unused portion of one spouse’s $5.43 million personal exemption to carry over to the survivor. A married couple now effectively has a joint exemption worth twice the individual exemption, which they can use in whatever way provides the best tax benefit. Portability is only available if an estate tax return is filed timely for the first spouse who dies. From a federal tax standpoint, if a married couple expects the first spouse to die with less than $5.43 million of assets, relying on portability is a viable strategy for minimizing taxes and maximizing wealth going to the couple’s heirs. Estate planning for families with less than $10.86 million in assets is now much more about ensuring that property is distributed in accordance with the couple’s wishes and with the degree of control that they wish to maintain than it is about saving taxes. However, state estate taxes can complicate the picture because they may apply to smaller estates. Below are a number of plays that families who will be subject to the estate tax should consider to optimize their taxes in today’s environment. Although many of the techniques are familiar, the way they are being used has changed. A successful quarterback has a solid group of coaches providing him with guidance, but is also allowed to think on his feet. Similarly, the quarterback of an estate, the executor or a trustee, needs to be given a framework in which to make his or her decisions but also flexibility regarding which play to run. Today’s estate planning documents should acknowledge that the rules or the individual’s situation may change between the time documents are signed and the death or other event that brings them into effect. Flexibility can be accomplished by expressly providing executors and trustees with the authority to make certain tax elections and the right to disclaim assets, which may allow the fiduciaries to settle the estate in a more tax-efficient manner. Empowering an executor has its risks, but building a solid support team of advisers will help ensure he or she takes the necessary steps to properly administer the estate. It’s a common misconception that lifetime gifts automatically reduce your estate tax liability. Since the two transfer tax systems are unified, lifetime gifts actually just reduce the amount that can pass tax-free at death. Lifetime gifts accomplish marginal wealth transfer only when a taxpayer makes a gift and that gift appreciates outside of the donor’s estate. In the past, people generally wanted to make gifts as early as possible, but that is no longer always the most effective strategy due to income tax benefits of bequeathing assets. One big difference between lifetime giving and transfers upon death is the way in which capital gains are calculated when the recipient sells the assets. With gifts of appreciated assets, recipients are taxed on the difference between the transferor’s cost basis, typically the amount the donor paid for the asset, and the sales price. The cost basis of inherited assets is adjusted to the fair market value of the assets on the date of the owner’s death (or, in a few cases, six months later). When choosing which assets to give to heirs, it is especially important to make lifetime gifts of assets with very low appreciation and to hold onto highly appreciated assets until death. If a beneficiary inherits an asset that had $100,000 of appreciation at the donor’s death, the basis adjustment can save $23,800 in federal income taxes compared to if the beneficiary had received the same property as a lifetime gift. Unfortunately, the basis adjustment upon death works both ways. If the bequeathed asset had lost $100,000 between the time it was purchased and the owner’s death, the recipient’s cost basis would be reduced to the current fair market value of the property. Therefore, it is advantageous to realize any capital losses before death if possible. Holding onto appreciated assets until death is appealing for income tax purposes, but might not be advisable if the asset is a concentrated position or no longer fits with your overall portfolio objectives. For these types of assets, it’s worth analyzing whether the capital gains tax cost is worth incurring right away or if you should pursue another strategy, such as hedging, donating the asset to charity or contributing the property to an exchange fund. Choosing not to fund a credit shelter trust upon the first spouse’s death is a perfect example of maximizing the value of the basis adjustment. These trusts were typically funded upon the first spouse’s death to ensure that none of the first spouse’s exemption went to waste. Since the portability rules allow the surviving spouse to use the deceased spouse’s unused exemption amount, it is no longer essential to fund a credit shelter trust. Instead, allowing all of the assets to pass to the surviving spouse directly allows you to capture a step-up in basis for assets upon the first spouse’s death, and then another after that of the second spouse. Depending on the amount of appreciation and the time between the two spouses’ deaths, the savings can be substantial. Making annual gifts is a traditional strategy that remains attractive today. In addition to the $10.86 million that a couple can give away during their lifetime or at death, there are also some “freebie” situations where gifts don’t count towards this total. You can make gifts up to the annual exclusion amount, currently $14,000, to an unlimited number of individuals, and you can double this amount by electing to gift split on a gift tax return or by having your spouse make separate gifts to the same recipients. Transferring $14,000 may not seem like a meaningful estate tax planning strategy for someone with more than $11 million, but the numbers can add up quickly. For example, if a married couple has three married adult children, each of whom has two children of their own, the couple could transfer $336,000 to these relatives each year using just their annual exemptions. If the recipients invest these funds, the future appreciation also accrues outside of the donors’ estates, and the income may be taxed at lower rates. Contributing the annual exclusion gifts to 529 Plan education savings accounts for the six grandchildren can accelerate the gifting process and increase the income tax benefits. A special election allows you to front-load five years’ worth of annual exclusion gifts into a 529 Plan, which would currently allow $840,000 in total gifts to the six grandchildren. In this scenario, the grandparents would not be allowed to make any tax-free gifts to the grandchildren during the following four tax years. Since assets in a 529 Plan grow tax-deferred and withdrawals for qualified educational expenses are tax-free, you can realize substantial income tax savings here. If you assume the only growth in the accounts is 4 percent capital gains, which are realized each year, that results in about $8,000 in annual income federal tax savings per year, assuming the donor is in the top tax bracket. You can also pay a student’s tuition directly to the college or university, since these payments are exempt from gift tax. This exception applies to medical expenses and health insurance premiums as well, as long as payments are made directly to the provider. Given that annual exclusion gifts don’t impact the $5.43 million lifetime exemption, I recommend making these gifts early and often, but remember to give away cash or assets that have very little realized appreciation. The earlier you make a gift, the more time the assets have to appreciate and pay income to the recipient. Earlier I mentioned that you want to avoid giving away appreciated securities during your lifetime. The exception to that rule is a gift to charity. By donating appreciated securities that you have held for more than one year, you can get a charitable deduction for the market value of the security and also avoid paying the capital gains tax you would incur if you were to sell the asset. If you know you have charitable intentions, it is more effective to donate appreciated securities earlier in life, rather than at death, since doing so removes future appreciation of the assets from your estate. Lifetime transfers to standard irrevocable trusts are no longer as appealing as they used to be, now that the estate tax rate is closer to the capital gains rate. Assets transferred to irrevocable trusts during the grantor’s lifetime typically do not receive a basis step-up upon the grantor’s death. Therefore, determining whether it is more appealing to make lifetime transfers or bequests in a specific circumstance requires making assumptions and analyzing probable outcomes. Nonetheless, funding certain trusts in conjunction with other planning techniques can increase the planning’s effectiveness. An intentionally defective grantor trust (IDGT) is one of the most appealing types of trusts for wealth transfer purposes, because the donor is treated as owner of the trust assets for income tax purposes but not for estate and gift tax purposes. A defective grantor trust is a disregarded entity for tax purposes, so any income that the trust earns is taxable to the grantor. By paying the tax on trust income, the grantor effectively transfers additional wealth to the beneficiary. Another popular strategy is for a grantor to make a low interest rate loan to a defective grantor trust. The trust then invests the funds. So long as the trust’s portfolio outperforms the interest rate charged on the loan, the excess growth is shifted to the trust with no transfer tax consequence. One of the common ways to cause a trust to be intentionally defective is for the trust document to allow the grantor to retain the power to substitute assets held by the trust for other assets. Assuming a trust has this provision, it is very powerful to routinely swap highly appreciated assets held by the trust that would not be eligible for a basis step-up with assets of equal value held by the grantor that have little to no appreciation, such as cash. Rather than funding a credit shelter trust upon the first spouse’s death, a surviving spouse might choose to receive all of the assets outright and then immediately fund an IDGT that includes the power to substitute assets. The trust’s income would be taxed to the surviving spouse, allowing for additional wealth transfer, and the grantor could use the swapping power to minimize the income tax cost of the lost basis adjustment. Any transfer technique, such as a grantor retained annuity trust (GRAT), that allows a donor to transfer assets without generating a gift is also valuable, since it helps preserve the lifetime exemption amount as long as possible, thus maximizing the assets that can benefit from adjusted basis. Finally, trusts can be useful for keeping assets out of your estate that never should have been included in it. For example, wealthy individuals should generally purchase life insurance through an irrevocable trust, rather than directly in the insured individual’s name. Life insurance owned by decedents is includible in their taxable estates. By creating a trust funded through annual exclusion gifts and having the trust purchase the policy, you can ensure that the estate tax does not take 40 percent of the policy’s proceeds. While the term “income in respect of a decedent” (IRD) might be obscure, it’s important to understand it, since it’s one of the worst deals in town. IRD is income that a decedent was entitled to but did not receive prior to death. While unpaid salary and accrued interest are common examples, the biggest risks lie with retirement accounts and annuities. Retirement accounts, such as 401(k)s and traditional IRAs, are typically funded with pretax money and taxed on the decedent’s estate tax return at their market value on the decedent’s date of death. However, because these are pretax assets, the beneficiary ultimately has to pay tax on the income before receiving it. In a simple example, if a decedent has a $1 million IRA that is being taxed on the estate tax return at 40 percent in 2014, the recipient would also need to pay additional tax on withdrawals from the IRA when he receives it. Assuming no growth in the assets and that the beneficiary is in the top income tax bracket, taxed at a rate of 39.6 percent, the recipient would need to pay $396,000 income tax as a result of the bequest and the estate would pay $400,000 of estate tax. This results in a total tax of $796,000 from the $1 million of assets. Compare this with a taxable account, in which assets would have their cost basis adjusted to the fair market value on the date of death, so the recipient typically needn’t pay much, if any, income tax to access the assets. Therefore, the tax would only be $400,000 – about half of the amount applied to the IRA. The additional tax is a bit overstated in the example above, because the estate tax paid on the IRD can be an itemized deduction that is not subject to the 2 percent floor. Nonetheless, it illustrates the point that it is better to minimize IRD and the resulting double taxation if possible. It may make sense to take distributions from your own pretax accounts in certain situations, because paying the income tax during your life allows you to reduce your ultimate estate tax exposure. Converting traditional retirement accounts to Roth accounts can also help maximize the value of your estate. Most people will want to avoid annuities too, not only because of their typically high fees, but because they are treated as IRD and do not receive a basis adjustment upon the owner’s death. The right play for your estate plan has become even more specific to your situation: where you live, how you invest, your life expectancy, your goals and priorities, and your future life plans. With no one-size-fits-all answer, it’s important to run financial projections to understand both the income and transfer tax consequences of your choices, so you can determine the best moves for your situation. Make sure you have someone on your team that can accurately analyze what’s best for your situation and, above all, keep your game plan flexible. Tax diversification is integral to a well-structured retirement plan. By holding assets in accounts with different tax treatments, such as traditional IRAs, Roth accounts and taxable investments, you can balance current and future tax benefits and gain flexibility to deal with unexpected circumstances. Many investors look down on taxable investment accounts because of the taxes they must pay each year on interest and dividends, as well as any gains resulting from sales. However, such accounts do offer several benefits. First, they are incredibly flexible. There is no restriction on the types of investments you can make on a taxable basis. And while both traditional and Roth-type retirement accounts are subject to annual contribution limits and to penalties for early withdrawal, there is no limit on contributions to a taxable account, and there are no penalties when you need access to the funds before your retirement. Qualified dividends and capital gains are taxed at favorable rates in taxable accounts (zero for lower-income taxpayers, 15 percent for most taxpayers and 23.8 percent for high-income taxpayers). Also, investments sold at a loss can be used to reduce one’s tax liability. Since you can generally control when you sell an investment, you can control when you pay much of the tax liability that such accounts generate. The government again favors taxable investments upon the owner’s death. At that time, the cost basis is adjusted to the fair market value, and no capital gains tax is due if the estate immediately sells the holdings. At first glance, tax-deferred retirement accounts, such as traditional 401(k)s, traditional IRAs and similar plans, may seem to be the most appealing savings options because, by reducing your current tax bills, they give you the biggest upfront benefit. Since none of the income is taxable until withdrawals are made, you may be able to save more overall as the benefits continue to compound. Regrettably, savers can wind up paying for this upfront tax benefit later in life. Distributions from tax-deferred accounts are treated as ordinary income, even if the growth in the account was generated from investments that would have been taxed at lower capital gains rates in a taxable account. So you would effectively split any profits in tax deferred accounts with the government. If an account grows by 10 percent per year and your tax rate stays the same, the eventual tax liability grows by that same 10 percent. In addition, the Internal Revenue Service generally requires retirees to begin taking certain minimum distributions from tax-deferred accounts at age 70 1/2, which can force you to generate taxable income at inopportune times. Furthermore, investments in a tax-deferred account do not receive a basis adjustment when the account holder dies. Beneficiaries will need to pay income tax when they withdraw assets from these accounts. Tax-free or Roth accounts can be hard to beat. Although there is no immediate tax deduction for contributions to these accounts, all of the profits go to the investor. The government receives its share at the outset, then current account income and qualified distributions are never taxable. As a result, $1 million in a Roth account is worth significantly more than $1 million in a tax-deferred account, because the balance in a Roth account can be spent during retirement without having to pay any taxes. Another benefit of Roth IRAs in particular is that the IRS does not require distributions from them the way it does from traditional retirement accounts (though such distributions are required from Roth 401(k)s). Of course, there are drawbacks to tax-free accounts, too. For one, funding a Roth account is more difficult. It takes $15,385 of pre-tax earnings to contribute $10,000 to a Roth account, assuming a 35 percent tax rate. In addition, there’s always the possibility that future legislation could decrease or eliminate the benefits of Roth accounts. If, for example, the federal government or individual states lowered tax rates or shifted to a consumption-based tax system, a Roth IRA would have been a poor choice compared with a traditional IRA, since there is no upfront tax benefit. Some rules of thumb can help you determine which types of retirement accounts to use. First, you should have sufficient safe, easily accessible assets in a taxable account as an emergency fund. Six months of living expenses is a good starting point, but the actual amount varies based on your expenses, the security of your current job and how quickly you could get a new job. Funds that you will need access to before retirement should also be kept in a taxable account. If an employer matches contributions to a retirement plan, you should, when possible, contribute enough to get the full match. Any employer match will automatically be allocated to a tax-deferred account, but you should determine whether the plan will provide a match even if you contribute to a Roth account. The common wisdom says that you should contribute to a traditional IRA or 401(k), rather than a Roth IRA or 401(k), if your current tax bracket is higher than the tax bracket you expect to occupy in retirement. If the reverse is true, a Roth IRA is the default choice. Although these guidelines are good starting points, savers are generally best served by keeping some assets in each type of account – which is the idea of tax diversification. People’s lives and future tax legislation are inherently uncertain. Even if you expect your federal tax bracket to remain the same in retirement, it might go up if tax rates go up overall or if you move to a higher-tax state. There is no way to know exactly what your situation will look like in any given year of your retirement. You should have some assets in each type of account, but the particulars of your circumstances will dictate their relative size. As with other sorts of diversification, there is not a one-size-fits-all plan. Selecting the best retirement plans for your situation is beyond the scope of this article, but some planning can allow you to funnel much more money into tax-advantaged accounts than you might have otherwise expected. Some employers offer defined contribution plans with higher limits than a 401(k), and it is very easy for self-employed individuals to set up SEP IRAs. For high-earning small-business owners, it may be worthwhile to set up a defined benefit (pension) plan, which can allow for much higher contributions. Certain employers also offer nonqualified savings accounts that allow you to defer income in excess of the limits for the qualified plans listed here, but they add different risks. Besides employer-sponsored plans, annuities and life insurance can also offer tax advantages, but most savers should proceed cautiously. Annuities provide tax deferral, but lack the upfront tax benefit that makes other tax-deferred accounts so appealing. Also, distributions from annuities are taxed at ordinary income tax rates, so if your tax rate is expected to remain high through retirement, you effectively allow the government to take a higher share of your profits than would be the case in a taxable account. If your income tax rate is expected to drop substantially in retirement, certain annuities can be effective savings vehicles once you have exhausted your other options. In many cases, the higher costs of life insurance products outweigh their tax benefits. If you want to funnel more money into a tax-free account, you might consider converting a portion of your tax-deferred retirement accounts to a Roth IRA. You will have to pay tax on the income at the time of the conversion, but if you expect your tax rate to remain the same or increase in the future, it may be profitable to shift some funds to a Roth. Finally, if you plan to use any of your savings to fund education expenses for a child or grandchild, you might consider funding a Section 529 college savings account. The investments in such accounts grow tax-deferred, and any distributions used for qualified education expenses are tax-free. The order in which you withdraw assets during retirement is just as important as the choice of which accounts to fund. By mindfully selecting which account you withdraw from each year, you can lower what you pay in taxes. The first assets you spend should typically come from your taxable accounts. However, in a low-income year, when your income tax rate may be lower, it may make sense to pull some funds from a tax-deferred account. In some cases, you can take taxable distributions without generating any tax liability at all. Spending from tax-deferred accounts may also make sense if your taxable accounts have highly appreciated securities that you plan to hold until death. Run tax projections each year to weigh the benefits of withdrawing from a taxable or a tax-deferred account. Aim to keep assets in your Roth accounts for as long as you can, allowing the investments to continue to grow tax-free while you deplete other assets that generate tax liability. For most retirees, no two years will look alike. More important, there is no way to know decades in advance what a given person’s tax situation will be throughout retirement. As with any long-term investment plan, it is essential to create a strategy that is flexible and can work even when circumstances change. By taking care to diversify the tax character of your accounts, you build in choices that will allow you to adapt to a variety of financial situations much more easily and, ultimately, to preserve more of your diligently saved retirement funds. Bonds are available in both taxable and tax-exempt formats and there are tax concepts to consider when a person is investing in bonds. Each type of bond, whether tax-exempt or not, has different tax aspects. Tax-exempt municipal bonds and taxable bonds are discussed, explaining how some of the tax rules work for these investments and their investment yields. When purchasing tax-exempt municipal bonds at face value or par, there are no instant tax consequences. When the bond is acquired between interest payment dates, the buyer pays the seller interest that has accrued since the last payment date. The interest paid in advance to the seller is treated as the cost of the investment and is treated basically as a return of some the initial investment when the interest is paid. When tax-exempt municipal bonds are purchased at a premium, the premium is amortized for the duration of the bond term. The effect of this is to decrease the cost of the investment in the bond on a pro rata basis. Thus, holding the bond to maturity means no loss recognized when the bond is paid off. Normally, tax-exempt municipal bond interest is not added to income for tax purposes (although, the interest may be taxable under alternative minimum tax rules). Also note, municipal bonds usually pay lower interest rates as compared to similar bonds that are taxable. When comparing taxable investments to tax-free investments, the amount of interest included in income is not the most important issue. What is important is the after-tax yield. For tax-exempt municipal bonds, the after-tax yield is usually equivalent to the pre-tax yield. On the other hand, a taxable bond’s after-tax yield will be based on the amount of interest remaining after deducting the corresponding amount of income tax expense associated with the interest earned on a taxable bond. The after tax return of a taxable bond depends on a person’s effective tax bracket. In general, tax-free bonds are more appealing to taxpayers in higher brackets; the benefit of not including interest earned in their taxable income is greater. In contrast for taxpayers in lower brackets, the tax benefit is less substantial. Even though municipal bond interest is not taxable, the amount of tax-exempt interest is reported on the return. Tax-free interest is used to calculate the amount social security benefits that are taxable. Tax-free interest also affects the computation of alternative minimum tax and the earned income credit. · $200,000 filing status Single and Head of Household. Purchasing municipal bonds in your regular IRA, SEP, or §401(k) is a no-no. These accounts grow tax free and when withdrawals are made, the amount withdrawn is taxable. Thus, if you desire fixed income obligations in a tax advantaged account consider taxable bonds or similar income securities. Interest on municipal bonds is usually not included in income for regular federal income taxes. Interest earned on certain municipal bonds called “private activity bonds” is included in the calculation of alternative minimum tax (AMT). The AMT is a parallel tax system established to make sure that taxpayers pay a minimum amount of taxes. The intention of creating AMT was to prevent people from getting to many tax breaks, for example tax-free interest. The tax breaks are added back into income and cause some people lose tax breaks and pay taxes. A percentage of social security benefits are taxable when other income besides social security benefits surpasses certain amounts. For this purpose, the amount of taxable social security benefits adds tax-exempt interest into the amount of other income received besides social security benefits to determine the amount of taxable social security benefits. Consequently, if you receive social security benefits, tax-free interest could increase the amount of tax paid on social security benefits. When a taxpayer is otherwise qualified to receive the earned income tax credit, the credit is lost completely when the taxpayer has more than $3,400 (2015) of “disqualified income.” Disqualified Income generally is investment income like dividends, interest -income, and tax-exempt income. Thus, having municipal bond interest in excess of $3,400 causes a taxpayer to lose the credit. However, an individual qualified for the earned income tax credit is in a lower tax bracket and an investment in municipal bonds would yield a lower after tax return as compared to taxable bonds. Selling a bond before maturity or redemption has the same tax consequences as a taxable bond. Gains from sale are taxable. Losses are deducted from other gains; and losses in excess of gains are allowed up to $3,000, the remaining losses are carried over to future years. Bonds acquired with “market discount”, have special calculations then they are sold. The discount that accrued during the period maybe treated as ordinary income. Some investors want professionals to manage a diversified portfolio of municipal bonds, to lower the default risk on any particular bond issue. There are certain mutual funds that invest in tax-free municipals and manage them. We hope this article was helpful. This article is an example for purposes of illustration only and is intended as a general resource, not a recommendation. Need assistance with above rules? Have any other questions. As Toronto tax lawyers we deal with CRA audits and auditors on a daily basis. So what is a tax audit? This article will explain what you can expect to happen if you are audited for taxes. The Canadian income tax system is based on self assessment. In other words it is up to every Canadian taxpayer to fully and properly report their total income from all sources on their annual T1 or T2 income tax return. The Canada Revenue Agency performs tax audits and issues income tax assessments to ensure that the self-assessment income tax system continues to work properly. While most Canadians are truthful on their tax returns, there are some who are not. CRA is looking for errors or disputable positions or deliberate misstatements on tax returns that have been filed. What is a Tax Audit? An income tax audit is an examination of a taxpayer’s returns and supporting records to make sure that income and expenses have been properly reported and are supported by accounting records and receipts. The CRA tax auditor will ask to see the individual or corporate books and records and bank account and receipts for expenses. A corporation will normally have to provide its minute book to support any dividends or bonuses. There may be questionnaires to be filled out. Any information that is wrong, even if due to an error, will be used against the taxpayer. Most audits are done to ensure compliance with the Income Tax Act for income or payroll deductions or under the Excise Tax Act for GST/HST. CRA auditors will often search for relevant information on the Internet, and a taxpayer’s web site or other sources located on Google might contradict information the taxpayer provides to the auditor. This information will then be used for further enquiries possibly including 3rd party requests for information. Furthermore open social media accounts are publicly accessible, and CRA auditors will gather this data from taxpayer social media accounts to build a case against a taxpayer. CRA officials have publicly discussed using taxpayer’s social media accounts in this way. If taxpayer lifestyle and reported income don’t match up the CRA tax auditor may decide to look into the taxpayer’s situation to see what’s actually going on. CRA’s practice on income tax audits is to do a GST (and HST) compliance review; if problems are found, the matter is normally forwarded to a GST/HST auditor for a full GST/HST audit. Similarly, an income tax compliance review is often done during GST/HST audits. Combined income tax and GST/HST audits were discontinued in July 2010. These compliance reviews are not always carried out and sometimes income tax audits may miss large GST/HST problems and vice versa. CRA issues an annual report to Parliament. The latest one was released in January 2016. The audit statistics from CRA Annual Report 2014-2015 provide less detailed information than for the previous year. For small & medium enterprises no statistics were given. CRA reports that they reviewed 12,981 international and large business files and 9,440 aggressive tax planning files that resulted in identifying $1.4 billion in fiscal impact. For international and large business files CRA audited 6,540 income tax and GST/HST underground economy files and identified over $448 million in fiscal impact. In all cases there were fewer audits in 2014/15 that the previous year. Presumably this reflects the results of budget changes. Since 2011 CRA has been auditing high net worth individuals and families, sending questionnaires asking for information about all companies, trusts, etc. that they control. CRA has also been concentrating additional audit resources on the underground economy in an attempt to deter unreported cash sales. What is the Tax Auditor Looking For? Section 231.1 of the Income Tax Act gives CRA the statutory ability to carry out audits. In particular it entitles auditors to request and examine documents including computer records. Section 231.2 is a more formal provision whereby a “demand” or “requirement” is issued, but it need not be used by a tax auditor in the normal course where s.231.1 suffices. The CRA can choose to audit anyone, but case law has held that such discretion does not permit a vexatious audit made for capricious reasons. The Canada Revenue Agency has an internal policy in CRA Audit Manual §9.12.3 that audits should normally be limited to “one plus one” years that is to say the most recent year for which a return has been filed and assessed, plus one year back, with limited exceptions. This policy can be pointed out to a tax auditor to try to limit the scope of audit requests, but it has no legal effect and cannot be used in court to challenge a tax assessment that has been issued. Of course this rule of one plus one years does not apply in the case where CRA suspects unreported income. They will typically look at three years, and in some cases even more than 3 years. In theory, the CRA has no discretion in applying the Act and must “follow it absolutely” by issuing a tax assessment for all otaxes wing. The reality is that in practice tax auditors have wide discretion not to assess an amount, however once it is correctly assessed; a Tax Appeals Officer or Tax Court judge will have no power to cancel it on grounds of equity, fairness or compassion. Our top Toronto tax lawyers fight CRA tax auditors every day. A taxpayer has the right to professional representation at all times. This is specifically provided for in right 15 of the Taxpayer Bill of Rights which says “You can choose a person to represent you and to get advice about your tax and benefit affairs. Once you authorize us to deal with this person, we can discuss your situation with your representative.” A taxpayer should never meet with a CRA auditor without a professional Canadian tax lawyer present. Any information that is wrong, even if due to an error, will be used against the taxpayer. The auditor will also take notes and may misunderstand what the taxpayer has said or may wrongly record responses. An Ontario tax lawyer will have his or her own notes to contradict any auditor errors. Contact our Toronto tax law firm for tax help as soon as a CRA tax auditor contacts you. Founding lawyer, David Rotfleisch is an expert in the realm of income tax law.You might say that income tax is David’s passion for David is not only a lawyer, he is a chartered professional accountant. He has helped start-up businesses, resident and non-resident business owners and corporations with their tax affairs, and over the years, he has assisted numerous corporations and individuals with simple and complex tax and estate planning matters as well as tax amnesty and tax litigation issues. We are Toronto based tax lawyers with more than 25 years of experience. We deal with all tax problems of the Canadian citizens and find out the perfect solution for them in a quick,responsive and efficient way. We fight CRA daily. Share your income tax problems with us and sleep at night. The siren call of boat ownership is easy to understand, here in South Florida. On a hot summer day, or even a crisp winter afternoon, getting out on the water for some sailing, fishing, snorkeling or water skiing can seem like the perfect reason to take the plunge. Florida, and in particular the Greater Fort Lauderdale area where I live and work, is a major center for the motor yacht and boating industry. In South Florida, about 136,000 people currently work in the industry. According to industry figures for 2014, 19 percent of the over 30,000 boats sold in the U.S. that year were sold in Florida. If you are ready to invest in a boat of your own, whether a modest fishing boat or a high-end yacht, it is worthwhile to pause and consider the tax implications, wherever you may live. Depending on the ways in which you intend to use your new watercraft, that impact could be minimal, or it could significantly change your overall financial picture. As with any big-ticket purchase, you should keep sales tax in mind when you are ready to buy your vessel of choice. There is no federal vessel tax, and federal luxury tax was repealed in the 1990s, so Uncle Sam does not take any particular interest in whether or not you choose to buy a boat. The states, however, want their cut. Every state is different, so be sure to take the time to understand any particular quirks in state law before you buy. In Florida, for instance, boats are subject to the state sales tax rate of 6 percent, in addition to any local taxes. However, as of 2010 Florida has capped this tax, limiting it to the first $300,000 of a boat’s purchase price. Thus, under current law, Florida will not collect more than $18,000 in sales tax on your new vessel. In addition, many Florida counties impose a discretionary sales surtax, which can apply to the first $5,000 of the purchase price. These sales tax caps make buying a high-end boat more attractive in Florida. The Florida Legislature’s revenue estimating committee projected in 2010 that the tax cap would cost the state as much as $1.4 million in the first year. Instead, tax collections on yacht sales in the state rose more than $13 million in that time. Buyers who previously spent large sums to form offshore companies in order to skirt the state tax found it cheaper and easier to simply pay the Florida tax outright. So before you buy a boat, consider whether you can get a better deal by buying and berthing it in another state. The cap on boat sales tax was so powerful that other states are competing by passing caps of their own. Recently, Maryland, New Jersey and New York all passed or are considering passing laws to cap the tax on boat sales. Depending on your politics, you may consider this an unnecessary tax break for the wealthy boat-buying class, but based on the increase in tax revenue after Florida’s cap went into effect, you can also see how lowering taxes and state competition can sometimes lead to long-term economic benefits. More boat sales in Florida lead to more employment and growth in marine-related industries in the region. For whatever sales tax you do pay on your boat purchase, you may be able to realize some benefit when filing your federal income taxes. Assuming you itemize your deductions, you can deduct local sales tax in lieu of claiming state and local income taxes. Especially in states – like Florida – that do not levy a personal income tax, this can represent a significant deduction. The main calculation of the general sales tax deduction is based on your adjusted gross income, but you can add sales tax paid specifically on a car or boat purchase to that amount. Make sure you also understand how a state’s use tax may impact you. For the typical recreational vessel, use tax will not matter, because sales and use tax are mutually exclusive – if you pay sales tax on a transaction, you cannot also owe use tax. That said, if you plan to use a watercraft primarily in a different state than the one where it was purchased, it is worth taking the time to make sure you understand your home state’s rules and that your documentation is in order so you do not end up a target for overzealous state tax authorities. You should also educate yourself on state and local taxes related to a watercraft which may apply on an annual or ongoing basis. Certain states and local authorities levy personal property taxes annually on boats docked within their jurisdictions. On the other hand, some states offer particular tax breaks to boat owners. For example, last year Florida passed a law limiting the sales tax on boat repairs to no more than $60,000, or the first $1 million of repair costs. Like the sales tax cap on boat purchases, the law is intended to allow Florida to maintain its status as a leader in the marine industry. The hope is that the cap on boat repair sales tax will attract and retain repair and refit business for luxury yachts and other high-end boats in the state, thereby increasing revenue and employment, bolstering the local economy. If you own a yacht in a high-tax state, it could make sense to cruise it down to Florida for major repair work to save on taxes. Some states even offer a tax credit on fuel used for recreational boating. Yes, even the boating industry has a strong lobby group to push state legislators for tax breaks. While it makes sense to think of your vessel in the same way you might think of a car or recreational vehicle, there is another way to characterize it. In some cases, a boat can plausibly serve as a second home, meaning it can offer deductible home loan interest. In order to qualify, the vessel must include cooking, sleeping and toilet facilities; do not try to convince the Internal Revenue Service that you live on your jet ski. There are a few other caveats. The deduction is on mortgage interest secured by the residence, so the deduction will not affect you if you bought your boat outright or used some personal line of credit, such as a credit card. Also, if you are already deducting interest on a second home, you cannot deduct both it and the boat loan interest in the same year, though you may switch between them from year to year if you wish. A boat may even be your primary residence. Technically, as long as it meets the bed, bathroom and kitchen (or rather galley) test, you can declare your boat to be your main home. Note that if you use your boat for business, as I’ll discuss in the next section, you must divide your home between the part that is your primary residence and the part that is used to generate income. If your boat is your primary residence and it does not dock in the same port regularly, you may face a tricky tax domicile situation too. Many boat owners use their boats to earn income, either on the side or as their main business. Depending on your situation, you may decide to use your vessel as a fishing charter, to run scuba or snorkeling tours, or to serve as a private ferry. As with a land-bound venture, you will need to take care to steer clear of the IRS’ hobby-loss rules by proving your genuine intention to make a profit, rather than just cover the costs of your time out on the water. The benefit of establishing your activities as a genuine business is the ability to write off the boat’s depreciation, maintenance, equipment and fuel costs. You may not want to devote your boat exclusively to chartering; if not, you will need to keep track of the time and costs spent on private and business pursuits. Either way, you should always keep good business records and institute an accounting system to track your business activity. As with other forms of self-employment, you will be responsible for income taxes and self-employment taxes. Remember that you may be subject to estimated income tax, which is due quarterly. Many boat owners choose to transfer their boat ownership to a limited liability company (LLC) for liability protection, but since this is a pass-through entity for tax purposes, it will not generally make much difference to your personal tax situation. If you are not used to running your own business, it may make sense to consult a tax professional or a Certified Financial Planner™ to make certain you keep up with your personal and business tax responsibilities. If your boat business involves crossing state lines, you may need to be particularly careful about documenting the way income is sourced. Many people run up against the complications of conducting business in multiple states, and the water adds another complication. However, under a specific federal law (Chapter 46, U.S.C. Sec 11108(b)), working on navigable waters in the jurisdiction of more than one state is not sufficient to subject you to the states’ income tax rules. For example, if you live in Florida but work as a crewman on a vessel that operates in or passes through waterways of other states, only Florida – your state of residency – can impose its income tax laws (or lack thereof, since Florida has no state personal income tax). This law is particularly important for crewmembers on dredging vessels, which may operate in multiple states’ waterways (up the Mississippi river, for instance). If you intend to find yourself operating in more than one state regularly, it may be best to consult a tax professional at the outset to understand what factors could affect your taxes. Where and how often a vessel docks and how much work is conducted on or connected to land can make a difference. Some boat owners have no interest in running a small business, but would still like to offset the cost of owning a watercraft. An alternative strategy is to place the boat in charter with a reputable charter company. In such an arrangement, you typically retain ownership of the vessel, while the company assists you in managing what is essentially a rental business. Before you go this route, you will want to perform thorough due diligence and make sure your state’s business laws support such an arrangement, and you should understand your potential liability exposure. What if your boat is also your office? The rules will be the same as for a home office ashore. The IRS primarily will consider whether you use your boat office exclusively and regularly for business purposes. For a boat-based office, the tricky requirement is usually the exclusive use test, because boats often have multi-purpose rooms. The IRS wants to see that you maintain a separate room or dedicated workspace that you use exclusively for business purposes. If you are an employee and you use a part of your boat for business purposes, you may qualify for a deduction for its business use, but in addition to the exclusive and regular use tests, the boat office must also be for the convenience of your employer. You also must not rent any part of your boat to your employer and use the rented portion to perform services as an employee for that employer. If the use of the boat office is merely appropriate and helpful, you cannot deduct expenses for the business use of your boat office. In many geographic regions it is only practical to use boats seasonally; note that an office aboard a vessel qualifies only for deductions during the time of use. IRS rules prohibit deducting office expenses aboard the boat during the period when you are not using the boat office for business purposes, or when the boat is in dry dock or storage. A boat of your own can serve as a fun way to enjoy time on the water, a secondary or primary source of income, or even an unconventional place to call home. But besides the high costs of buying and maintaining a vessel, don’t overlook the tax considerations when deciding whether to answer the call of the open water. Are Your Prepared for These Year End Income Tax Issues? There is a chance that the lame duck Congressional session may act on some tax regulations, but given that these folks work about 1 day a week- and then complain how many lazy folks are out across the US not entering the workforce (that is the pot calling the kettle black)- I am not sanguine they will. So, unless they do- this will be the last year that mortgage insurance will be deductible and foreclosed home debt will not be a taxable situation, among a few other items that expire this calendar year. Students got a permanent change for deductibility of tuition via the American Opportunity Tax Credit. This provides up to $ 2500 of tax credit for lower-income filers for the first four years of higher education (with a possibility of 40% of the unused credit being received as a refund- if no other taxes are owed). As long as the students are enrolled at least half time for one term of the year and not convicted of drug violations. The real change is that filers must include the EIN of the college or university involved- and demonstrate that they paid the tuition and fees they claim- not what the institutions may list on the 1098-T form. Folks older than 70.5 years of age no longer have to rush to transfer their IRA (or portions thereof) to charity, because that provision is permanent. (PATH) Please note that the IRS demands that these transfers not be rollovers. One must employ a trustee to transfer the funds; and that trustee cannot hand you the funds to deliver to the charity. If they do, you lose the exemption. No surprises I am sure when I remind you that there must be a contemporaneous acknowledgement (that means a timely receipt) from the charity for that deductible donation or transfer. To keep this rule in place, executors are now required to stipulate (i.e., file for 8971 and Schedule A of the 706) said value to all heirs and to the IRS. Which means anyone who inherits property- and thought they didn’t need to file Form 706 because the value of the estate was below the threshold for Estate Tax better reconsider. Otherwise, the heirs may be hit with a penalty for using the wrong basis for that inherited asset when they dispose of same. Oh, yeah. Another really big kicker for this little item. Under IRC 6501, the IRS has three years to catch cheaters who misstate certain items (like income taxes [except for continuing fraud], employment taxes, excise taxes, and for this provision- estate taxes and the results therefrom). No more. If an asset from an estate is misstated so that it can affect more than 25% of the gross income on a tax return will now have a SIX year statute of limitation. Not surprisingly, the mileage rates for 2016 are lower than they were last year. Business mileage is now deducted as 54 cents a mile; driving for reasons that are medical or moving are only worth 19 cents each. When we drive to help a charity, we only get 14 cents a mile. As is normally true, we have no clue what those rates will be for 2017. The IRS normally prepares those well into the calendar year. The PATH ACT made permanent the ability of taxpayers to contribute real property to qualified conservation charities. The Highway Bill (yup) came up with a bouquet of flowers for our veterans and folks currently serving in the military. No longer will they be unable to contribute or use HSA (Health Savings Accounts) should they receive VA or armed service benefits. Along that same vein, the Highway Bill enabled all those who purchase- or are provided by their employers- high deductible insurances (about $ 1500 for a single person) to use HSAs, too. There were more than a few changes for employers. More than the exemption for the VA and armed service personnel from inclusion in Obamacare provisions mentioned above. Like ALL 1099s and W-2 are now due by 31 January. That’s a big change for many folks who barely get their stuff together to file 1099’s. It means that companies need to contact their tax professionals really early- to let them verify that all relevant contractors and consultants receive those 1099s on time. Because the penalties have also increased. The Work Opportunity Credit has been extended through 2019. This applies to Veterans (which is why you keep hearing Comcast advertising its commitment to hire some 10,000 veterans over the next few years- they’re no dummies). Other targeted groups include what are termed those receiving Temporary Assistance for Needy Families (TANF), SNAP (what used to be termed Food Stamp) recipients, ex-felons, and some of those living in “empowerment zones”. The PATH ACt made the enhanced child tax credit (up to $ 1000, income dependent) a permanent provision of the code. As well as the Earned Income Tax Credit provisions that were to expire. Social Security taxes are not going up per se- but the income basis upon which one pays them is. For the last two years, there was a tax holiday for all wage income (or self-employed income) that exceeded $ 118,500. Next year (2017), the taxes will be collected for totals of up to $ 127,200. If an employee is working overseas and has income and/or a housing allowance, the exclusion provisions have also changed. For 2016, foreign income of $ 101,300 could be excluded from taxation, as could housing benefits that were $ 16,208 or less. Starting 2017, those exclusions become $ 102,100 and $ 16,336, respectively. There also is further clarification of these foreign exclusions. In particular, these will affect those in the merchant marine or working aboard cruise lines. Because the IRS now holds that when one is in a foreign port, then one is able to claim foreign income. But… when someone operates in international waters, that is NOT a foreign country. That income must be computed (by the number of days one is on said waters) and is not excludable! Some big changes affect those who must file those FBARs (Foreign Bank and Financial Accounts). It used to be you had to report any holdings in a bank, stock account, commodities or future accounts, mutual funds, or [pay attention to this one] poker, gambling or gaming site account that was not a US domicile by 30 June. (This also means a foreign insurance policy that has a cash value or foreign retirement accounts [including inheritances] is a foreign account.) It also covers recent immigrants to the US! These filings are due at the same time as your income tax return. But, while there never was an extension possible for these forms, now there is – for the same six months that obtains for your personal tax filings. A foreign account does not mean that using the Royal Bank of Scotland to house funds in New York City; but having a Citicorp account that is based in Jerusalem or London does. The critical consideration is where the local branch is situated, where the account was opened. By the way, accessing foreign funds via PayPal means you have a foreign account. The FBAR filing uses Form 114 and must be now filed electronically. The requirement to file applies to all taxable entities (individuals and businesses) that have $ 10,000 or more of value on any given day during the tax year. And, the conversion rate for said value is no longer allowed to be daily- but determined by the value on the last day of the tax year. There is a new interpretation, too. The requirement to file applies not just to the account owner(s), but to anyone with signature authority. So, that means people like me that maintain client accounts overseas will now have to file these forms, because I can issue checks on those accounts. (I am not responsible for about 100 of them where I write the checks for the clients- but have no signature authority.) It also means employees of corporations or businesses or estates that have foreign funds and have signature authority must also file Form 114. All business entities (and trusts and non-profits) should recognize that all entities – and individuals who work for or at those entities- that have signature authority for a foreign bank account, stock account, gaming or gambling account are subject to these provisions. In other words, all foreign money holdings may subject employees, not just officers of the institutions, to these provisions. The PATH Act changed the 179 (the capital purchases write-off provisions) Election. For good. The maximum Section 179 write-off is now permanent. (It had been extended for a year or two each time Congress had made a change for a while.) That maximum is also to be adjusted for inflation starting this year, which is why it is now $ 510,000. Moreover, there is a phaseout when the amount of new capitalized property exceeds $ 2.03 million, but not to zero. For real estate purchases, the maximum Section 179 exclusion is now also $ 500K. (Last year, it was capped at $ 250K.) This includes HVAC (heating, ventilation, and air conditioning), which is a new change. Any recapture of this credit (due to an early sale) is now considered subject to ordinary income taxes. The time to depreciate real estate is now 15 years for qualified leasehold improvements, restaurants, and retail improvements. Bonus depreciation is also allowed for the first half of said improvement value (through 2017), decreasing in 2018 to only 40%, 30% in 2019 and removed completely by 2020. The PATH Act also let bonus depreciation apply to 39 year property (for improvements that were already in service by the entity). The depreciation limits for vehicles is limited to $ 3160 or 20% of the basis in 2016. However, this year one can write off up to $ 8000 in bonus deprecation (which is reduced to $ 6400 in 2018, $ 4800 in 2019 and then removed forever by 2020) for new (not used) automobiles. Of course, these numbers apply only to vehicles that are used completely for business. There is a reduction for vehicle use that is not fully attributed to business usage. The Bipartisan Budget Act (the one that taxes would normally be addressed) has brought a sea change to the way partnerships will be treated, should the IRS find problems with their tax submissions. The changes do not take effect for a few years- but the time to address the changes is really now. Basically, the Act stipulates that any change that comes about by an audit are to be collected directly from the partnership- unless the partnership elects out of TEFRA (Tax Equity and Fiscal Responsibility Act of 1982). So, it means that partnership formation, operations, new partner admissions, etc. will all have to be reconsidered. What changed is this- the partnership can decide to accept an IRS decision that the underpayment is due from the partnership itself or it can elect to have that decision divided up among the partners, according to their percentage ownership or liability percentage. Most advisors are telling partnerships to elect the latter process. If the partnership does not so choose, then the IRS will assess the partnership at the highest tax rate allowed- 39.6%. Of course, if the partnership can prove (to the satisfaction of the IRS) that a lower rate is appropriate, based upon the individual tax rates of the partners, then a lower rate may be allowed. (Don’t bank on the IRS doing so.) However, this underpayment will not be allowed to change the basis of each of the partner’s interests, if the partnership is taxes for the liability. If the partnership pushes the issues down to the partner level, then each partner is assessed for the tax at its own rate. And, the partnership can issue an adjusted (amended) K-1 for the IRS revisions that will change the basis and avoid the double taxation possibility. The partnership has 45 days from the date of the IRS notice of change to make this election. There is another change that affects partnerships- the PAL (passive active loss) issue. Why? Because most partners and partnerships do not maintain pristine time records. (This also affects real estate rentals that are reported on Schedule E, page 1.) There are various definitions that set the PAL issues- for real estate professionals it is a minimum of 750 hours of work a year. The IRS has allowed other partnerships to use different designations, such as 500 hours, or the fact that a particular partner does all the work (even if less than 500 hours), or even when a partner spends 100 hours or more on the partnership and no one else does more. But, the rules to prove how much participation are gelling. One can use a record of cell phone call records, eMails, or credit card charges. Travel itineraries and receipts can prove how much participation was involved. Even affidavits from customers and clients can be used to prove the time one participated in the venture. Many clients fall short of having sufficient funds to pay their taxes when due. This entails the taxpayer submitting a form 9465 (Installment Agreement Request). These must be automatically approved if the taxpayer [individual] owes (or will owe) the IRS $ 50,000 or less, with the addition of this request- and all tax forms have been timely submitted. (Businesses are limited to a $ 25,000 maximum, with the same provisos.) However, the fees involved to have the IRS process the request have been increased to $ 120, unless the taxpayer agrees to have the IRS zap their bank account automatically each month. Then, the fees are reduced to $ 52. (The IRS has way too many taxpayers “forgetting” to make timely payments. This is a way to incur fewer manpower issues for the service.) However, no matter how the payment is to be processed by the IRS, all low-income taxpayers (a family of 4, with $60K or less in income) won’t have to pay more than $ 43 to institute a payment plan. There has been no change in the due date for 1040 filing, in that it is still due on 15 April (or the next business day, should the 15th fall on a weekend or legal holiday). Unless you can prove you were out of the country on 15 April- then you have the right to extend the filing date to 15 June. Or, you filed an extension request- that gives you until 15 October (with the same proviso for when it falls on a weekend or legal holiday). Here’s where the big changes arrive. And, it is about time. Because too many pass-through entities have been screwing over their partners, their stockholders by delaying their filing. Oh, sure, they may pay a penalty, but that doesn’t help the multitudes who can’t file their taxes in a timely fashion due to the lassitude of these entities. There is one more change for C corporations. Their extension is no longer 6 months long- but 5 months. In other words, before when they had to file by 15 March, but could extend the due date until 15 September… still have that same final extended due date, regardless that the original filing date is now 15 April. Partnerships and S entities still have a 6 month extension- which also falls (for those who use a natural year) on 15 September. Trusts and Estates of the Deceased file form 1041. The only extension request provided 5 months beyond the due date. Now, the due date is 5.5 months. That means the due date for filing is 15 April, but an extension means the due date can be 30 September. Non-Profit entities file form 990 on 15 May- or the 15th day of the 5th month after the end of their fiscal year. Extensions used to be provided for 3 months; they now have more time- six month extensions are the new rules. Employee Benefit Plans (Pension Plans, 401(k), welfare plans) must file their tax returns with the IRS by the last day of the 7th month after their year end. (For natural year plans, that means 31 July). Before the plans could extend that deadline by 2.5 months; now the rule provides for an additional month to 3.5 months. There are more penalties, too. These were included in the Trade Package Legislation. The act included late filing of 1099 forms, W-2s, and 1095 (Health Care Reporting). You will note that the deadlines for some of these forms have been moved up- so pay attention and file them on time. Because the penalties can be $ 1060 for each delinquent 1099 form- because you have intentionally filed late to the government AND to the payee! Of course, if you file the 1099 only 30 days late, the penalty is $ 50 (again- for each – the payee and the government). If you get your act together by 1 August, the penalty is $ 100 (again, for each). And, if you miss that date, the penalty is $ 250 each- unless the IRS feels it was intentional (and you know that number is $ 530). There you have the big changes for the year. Now, you should be ready to file your taxes comes the 1rst of the year. But, don’t expect really fast refunds (as one would have expected before). Because the IRS is going to be checking to make sure the taxpayer is legit- they don’t want all those identity theft and tax fraud situations to obtain. Increasing Tax Planning: A Case of a Wolf in a Sheep Skin? The effects of tax avoidance and tax planning on the society has been a controversial issue for a long time yet governments the world over still have difficulty addressing it. It is believed that all these started from the beginning when business agreements were written by the government or associates of government to favour their family, friends or associates that are in business. Unfortunately, tax planning schemes are a legally accepted business practices for which tax professionals are paid huge sums of money to offer tax planning advisory services for both personal and corporate decision making. According to Investopedia, tax planning is the analysis of a financial situation or plan from a tax perspective. It is an exercise undertaken to minimize tax liability through the best use of all available resources, deductions, exclusions, exemptions, etc. to reduce income and/or capital gains (businessdirectory.com). Tax planning therefore encompasses many different considerations, including the timing of income, purchases and other expenditures, the selection of investments and type of retirement plans etc. However, tax fraud or evasion unlike tax avoidance is not tax planning scheme and hence considered illegal in the tax professional. Firms, both domestic and international employ numerous tax planning strategies to reduce their tax burden. An exhaustive review is impossible because known strategies are numerous and many strategies are likely unknown to tax analysts. Some forms of tax planning include (a) reclassifying business income as non-business income (b) using transfer pricing to shift income from high tax to low tax jurisdictions (c) employing passive investment companies (d) exploiting tax credits, exemptions and/or concessions in Tax Laws (e) treaty shopping (f) use of hybrids etc. “Over and over again courts have said that there is nothing sinister in so arranging one’s affairs so as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere can’t”. Indeed, tax planning has invariably become an integral part of a financial plan, as reducing tax liability and maximizing eligibility to contribute to retirement plans are both crucial for business success as it has gained prominence in today’s business planning strategies, all because Tax Laws have different provisions relating to entities based on location, type of activity or time period, thus invariably, every difference offers a planning opportunity to a taxpayer. Then the question that arises is, does tax planning comes with any benefits? (a) Offers the opportunity to lower the amount of taxable income i.e. where a taxpayer’s financial and tax planning strategies are targeted at structuring expenditures to fit into the category of allowable expenses. (b) Serves as a catalyst to reduce the tax rate at which you are taxed i.e. siting business operations at locations or business to take advantage of the little or no tax rate prevailing in that jurisdictions e.g. tax havens. (c) It ensures you get all the credits available to you i.e. taking advantage of the tax credits, exemptions and/or concessions available in a tax jurisdiction e.g. the stability agreement provision for a holder of a mining lease in Ghana. (d) It allows a cashflow forecast to be more effective while minimizing tax liability. A company looking to embark on massive capital or productive investment or re-investment will plan financial transactions with taxes in mind so to avoid making impulsive maneuvers. With a resultant good cashflow, entities positioned to embark on more capital and productive investments. Effective tax and financial planning maximize shareholders’ wealth, and improves cashflow for capital and productive re-investment among others. (e) For the government, the granting of tax reliefs, exemptions and/or concessions is targeted at increasing private sector productivity, create employment and attract investors and improve cross-border trading. Considering these benefits, won’t you recommend for more tax planning practices? Just consider these. Governments efforts to improve national economy has always been limited due to inadequate tax revenue, which forms a larger percentage of government revenue. This could be attributed to the several tax planning schemes as well as tax evasions. In 2005, the average tax revenue to GDP ratio in the developed countries was approximately 35%. In the developing countries, it was equal to 15% and in the poorest of these countries, the group of low income countries tax revenue was just 12% of GDP and tax planning via tax avoidance are widely believed to be important factors limiting revenue mobilization. The ActionAid and Tax Justice Network-Africa (TJN-A) in its West African Giveaway report published in August 2005 indicated that West African countries are losing an estimated US$9.6 billion of revenue each year by granting tax incentives to foreign companies and that three countries – Ghana, Nigeria and Senegal – are losing an estimated $5.8 billion a year through the granting of corporate tax incentives with Ghana’s portion being around $2.27. Tax planning approaches like tax avoidance affect the extent to which the government can provide basic need of the population i.e. it results in inadequate supply of basic amenities such as poor infrastructure, poor educational and health systems, inadequate water and power supply as well as poor road networks. This could be one of the reasons why deficit budget financing has become the order of the day in most developing countries. Income inequality is another adverse effect resulting from increasing tax planning. Taxation has an objective to redistribute income but the accumulation of wealth through tax avoidance schemes for instance has further widened the gap between the low-income earners and the high-income earners. During an international conference jointly organised by OXFAM International and the International Tax Justice Network, Africa in Accra in February 2014 for instance, the Deputy Campaign Manager of OXFAM, Mr. Stephen Hale, indicated among other things that many developing countries faced challenges in their efforts at mobilizing domestic resources due to factors such as regressive tax regimes, wide range of corporate tax incentives etc. But the question remains that, if the major source of revenue to every government is tax revenue whiles government revenue and capital expenditures are highly dependent on these tax revenue, can we then conclude that Governments efforts to reduce budget deficits and over reliance on development partners to finance national budget is a dead on arrival discussion, as most of the tax revenue loss is attributable to tax planning schemes such as tax avoidance, tax incentives and poor tax education and awareness? Probably tax planning is not that beneficial to government as we are made to believe but instead a wolf in a sheep skin which is gradually ripping off government of billions of dollars in tax revenue to meet its huge public expenditures and to make reasonable economic policy. But who is to be blamed, the taxpayer, the government or both? I leave you to judge! Tax planning has indeed come to stay, however, I suggest that (a) accountability on the part of governments and effective use of tax revenue will instill faith in the government thereby encouraging payment of taxes, (b) anti-avoidance provision should be of general application or refer to specific tax havens or tax avoidance devices (c) the concept of ethical and responsible investing should not be limited to companies products/services but also to their impact on society as well as (d) unification of tax rates and (e)The Organisation for Economic Co-operation and Development (OECD) and the United Nations which are famous in their models for international taxation should consider paying more attention to the increasing domestic and international tax planning schemes. Desmond is a Consultant at Danisa Consult (Accounting, Audit & Tax) and a Facilitator for accounting, tax and audit at Global Institute of Resource Development (GiRD), a Capacity Development and Training Institution. A member of the Institute of Chartered Accountant, Ghana; Chartered Institute of Taxation, Ghana; Association of International Accountants, UK; International Association of Accounting Professionals, UK; Association of Certified Fraud Examiners, US; Southern African Institute of Business Accountants, SA. One tax reform issue that requires addressing is the amount of revenue that needs to be raised by the federal tax system. When there is a disproportion between revenue and spending, debts and federal deficits will increase and reach unsustainable limits. Policy makers need to assess tax policies and come up with ways of alleviating fiscal pressures. Implement a flat tax on income at a rate of 18% for all Americans. Having a flat tax for all Americans will ensure that all citizens are taxed equally and there is no bias. However, a rate of 18% is too high for the citizens taking into account the citizens have different incomes. Implementing this policy will not be beneficial to the government, as it would benefit high-income earners only. The working class in America pays too much in taxes compared to cooperation’s and millionaires. Most big and profitable corporations pay little on taxes as compared to the middle class citizens. If corporations and the rich pay their fair share, the nation will afford to cut taxes for most of its middle and common citizens. This can also be boosted by cutting on wasteful spending on weapons, military and war. On the contrary, taxing more on high-income earners will result to the government having more money to waste. It also acts as a deterrent for business and individuals to make money. This might lead to a reduction in investment by investors. In the past, high taxation slowed down the economy and resulted in stagnation. Cutting taxes on businesses promoted the revenue. However, increasing taxes led to a reduction in business spending and investments as they tried to cut their tax expenditure resulting to a decrease in revenue for the government. There is an unbalanced proportion of Individual wealth in the US. Aggressive steps needs to be taken for a restoration of fair income distribution. The middle class and the poor pay a lot in terms of federal tax which is due to the unfairness of state taxes. System wide tax reform should be implemented to simplify the tax system. A tax policy should be implemented to eliminate loopholes. Democrats hold the idea that taxes should be increased for the upper class and reduced for the middle class. The tax code and system needs an overhaul. The United States needs a code that creates wealth for people and rewards work and not a code, which generates wealth for those who have it. 200000 dollars should be set at the income level where Americans should be taxed more heavily. This will pave way for cutting taxes for the rest of the citizens. Increasing taxes for wealthy Americans will lead to a 98% cut in taxes where most families will be able to meet their daily economic challenges. A proposal by the house GOP blueprint proposed that the corporate income tax should be replaced with a Destination Based Cash Flow Tax (DBCFT). This would help the cooperate income tax and the US worldwide tax system eliminate the distortions it caused. The worldwide system will be replaced with a territorial tax system where companies will be taxed based on their locations of profits and not according to their corporate residence. Companies in the US that earn profits overseas would not be taxed again on their profits when they are brought back to the United States. This tax system would also allow a free flow of capital back to the US by eliminating the lock out effect. This would encourage companies to expand and invest operations throughout the world. The plan is to cut taxes at all income levels, but the taxpayers earning high incomes will receive the biggest cuts. The average tax bill will then be cut by 1810 dollars, which would increase the income by 2.5% after tax. The top 1% taxpayers would then benefit by 3/4 of the tax cuts while highest taxpayers would see a decrease in 16.9% tax cut after tax income. The middle class households will receive an estimated 0.5% tax cut after tax income while the poorest American would see a downfall in their tax cut 0.4% after tax income. The plan would see a reduction of 33% by the top individual tax income rate, 20% by the corporate, and 25% for partnership and sole proprietorship. This would reduce the child tax credit and standard deductions. A cash flow consumption tax would replace the corporate income tax, which would apply for all businesses whereby interests in business would not be deductible and investments would be immediately deducted. This would result in a border adjustable cash flow tax with exclusion of exports receipts and imports purchased would not be deducted. This marginal tax rate cuts would reduce tax rates on new investments, incentives on US investments would be increased, and tax distortions would be reduced on allocation of capital. However, interest rates would increase in the event of increasing government borrowing and lead to a crowd out on private investment. This would offset the positive effects of the plans on private investment. In order to counteract the ramification of the tax cuts on the deficit the federal spending needs to be reduced. National consumption tax (VAT). This is a levy on the difference between the purchase of goods and its sales. Generally, the tax is calculated on a business according to its sales, a credit for taxes that is paid on its purchase is subtracted and the difference is forwarded to the government. The incomes of multinational corporations that are resident in the United States should also be taxed. Discretionary and mandatory spending should also be reduced which will lead to a reduction in deficits and debts. Lowering federal spending on healthcare and reducing revenues below baseline amounts would offset deficit reduction. This would lead to an increase in domestic investment, national saving and the capital stock would be increased. The majority of taxpayers in EU countries use tax professionals in some shape or form, and for this obvious reason the EU tax administration recognises that they play a very important role in their tax system. As well as helping to make the system run smoothly, they play a key role in influencing and shaping the tax compliance behaviour of their clients. This influence may be positive or negative, because of their professional knowledge of our tax system and its nuances. Through their representative bodies, tax professionals also have an important role in developing our tax system. They are influential in forming public opinion and general attitudes as to the fairness and equity of the tax system and our administration thereof. Because of their influential role and the unique position they have in influencing taxpayer behaviour, we recognise that they are one of the primary ingredients in our pursuit of our main corporate goal: “To ensure that everyone complies with their tax and customs responsibilities”. We therefore spend a lot of time engaging with them using a combination of methods and through many different forums in our efforts to achieve improved taxpayer compliance. WHAT CAN BE TAX STRATEGY ? Our strategy in relation to dealing with tax professionals can be laid out in our recent Operational Strategic Programme 2007-2010. Because of the fact that the phrase “tax professional” encompasses persons with a variety of roles and responsibilities, the tax administration must prepare a response to ensure that strategy works. I would like to give you some background on how the building relationships and partnerships strategy will come about. The relationship between taxpayers and tax administration, I must confirm that is very much an adversarial one characterised by mutual distrust and suspicion. Tax administration recognises that albanian tax professionals have a key role and that is why we have developed sophisticated consultative mechanisms to help administration engage with this wide community. Let me give you some relevant facts about the Albanian tax system. Our tax system is concerned with direct and indirect taxes, customs and duties. Albania has taxes on incomes, as well as taxes on goods and services. Businesses (limited companies and individuals) pay tax on a self-assessment basis. There are approximately 49,000 self employed individuals and 13,000 limited companies on our register. The General Taxation Directorate is the sole central tax authority in the Republic of Albania. The General Directorate of Taxes (HQ) and its Branch Offices in the districts possess authority to implement and administer taxes. The General Directorate of Taxes is located in Tirana. The General Taxation Directorate establishes its Local Tax Offices in 36 districts and since 1998 is established in Tirana the Large Taxpayer Office. Local Tax Office Heads are appointed and discharged by the General Director of Taxes. The Local Tax Offices provide taxpayers with tax certificates, prepare draft program of tax revenues for the district, supervise and are accountable for accomplishment of the tax revenues and the program, process tax declarations, assess tax liabilities, preserve and organise documents, audit taxpayers and collect taxes as well as implement special executive decisions. General Taxation Directorate has recently undergone a major organisational restructuring. Essentially, this agency has rebuilt the organisation around different groups of taxpayers. These groups consist of taxpayers in each of four geographic regions and a national large taxpayer group. Apart from collection and debt management functions which remain centralised every other small taxpayer is managed from 2007 from tax offices of local power, as effect of fiscal decentralization in Albania. WHO AND WHAT ARE ALBANIAN TAX PROFESSIONALS ? In aLBANIA, a wide range of tax professionals such as accountants, lawyers, tax consultants, businesses and freight forwarders acting on behalf of their clients, the taxpayers, interacting with tax offices. These tax professionals perform a wide variety of functions. The variety of professionals providing a great deal of tax advice or engaging in compliance activities is generated on the activities of such professionals. For example, accountants, advising on business transactions and internal audit; lawyers such as solicitors and barristers advising on business transactions, conveyancing, estate administration and litigation; auctioneers and real estate agents advising on capital transactions, and customs agents advising on customs matters. Each of these activities in its own right involves some form of tax advice and each professional can be regarded as a “tax professional”, each of which, play a very important part in ensuring that our tax administration and systems work. Traditionally most VAT businesses and a little number of self-employed persons, i.e., businesses, professions, companies and their directors, use the accountant as tax professional, or “agent”, to engage with tax officials. This high level of representation, even for small business, is because we don’t operate an imputed income system. All businesses have to prepare business accounts on an “accruals” basis, and this generally requires the services of an accountant. In Ireland we refer to our mainstream tax professionals as “tax practitioners” or “agents” and there are approximately 2,000 such “agents” registered in tax offices when they act as tax return preparers. As a result of this high level of agent representation, taxpayers in Albania tend not to be inhibited about challenging tax administration, and engage in more sophisticated business transactions and use tax professionals to this end. Another reason for taxpayer challenges is the recent phenomenon of taxation departments being created in legal firms. Also, many corporations are employing lawyers who specialise in mainstream taxation matters and now lawyers are not just engaged in the traditional legal bastions of capital taxation and inheritance tax matters. Primarily, as a result of our Tax Investigation Department a dedicated part of tax administration which pursues the proceeds of crime, our barrister profession, who traditionally did not advocate in taxation matters, are now representing more and more taxpayers in tax matters in the civil and criminal courts. This increasing competition from the legal profession has raised some issues as regards a level playing field between the different professions. Accountants see the prospect that lawyers might be able to claim legal professional privilege on behalf of clients against Revenue enquiries in certain circumstances as an unfair competitive advantage. One of the obvious benefits for tax administration from the engagements with tax professionals is the extent to which they can get them to influence good compliance behaviour. As already mentioned, tax offices regard tax professionals as being hugely influential in terms of promoting good compliance behaviour; indeed, because they may be the only point of contact that a taxpayer has in his/her interactions with tax administration. However, it is important that tax professionals also see it as in their interest to do so. Not alone does ‘non-compliance’ cost money in lost taxes for tax administration, but it also puts the taxpayer, the client, at serious risk of severe consequences if caught. Being able to deal with taxpayers through their agents substantially reduces the cost of tax administration. Think of what life would be like for a tax administration if there were no tax professionals. Some people who work for tax administrations might say that life would be much easier without them. Yes, there might not be so much tax planning, or challenges to taxation, and taxpayers might be more willing to accept tax administration’s view. This might make life easier for the tax officials. But given the complexity of tax system for enyone that it’s no part of tax administration, despite all the efforts at simplification, think of what the disadvantages might be? Instead of funnelling the interaction with businesses and corporations through 2,000 tax professionals, it would be necessary to interact directly with an additional 49,000 business and over 13,000 corporate taxpayers. This would have huge cost implications for tax administration, as more employees would be needed to service the substantial additional contacts and queries that would ensue. It would also be immeasurably harder for tax administration to ensure that all taxpayers understood their obligations and this would adversely affect voluntary compliance. For these reasons, tax structures try to make it as easy as possible for tax professionals to meet their client’s compliance obligations and we provide a variety of support services and measures to support and achieving client’s compliance. Tax professionals have a big interest in customer service efforts and are rightly critical when the tax services falls below standard. After all, the tax professional is in business to make a profit. Poor service on the tax offices costs money and the taxpayer does not always understand either. Here are some examples of how tax administration can support and try to try to make life as easy as possible for tax professionals. In the albanian tax structure, all taxes pertaining to a taxpayer are handled by one office. Prior to that, a taxpayer (or tax professional) could have to deal with a number of offices depending on the tax. This tax structure makes it much easier for the tax professional to deal with their client’s compliance obligations. However there are problems following the reallocation of all our taxpayer cases in the restructuring period. For some time, tax professionals are unsure which office dealt with their clients. As a result of good contacts with the various professional bodies and in a spirit of openness and co-operation, which is part of taxation strategy of building partnerships, is the possibility for tax officials to engage proactively and positively with a view to implementing practical measures to remedy difficulties. There are special contact points in each of the regions for tax professionals who are experiencing service difficulties in dealing with tax administration. These contact persons are empowered to sort out the difficulty. There is a tool known as ‘Contact Locator’ ,that in albania is not a function used, but in EU countries he can be used to find out which office deals with a taxpayer. By exploiting technology opportunities as much as possible such as electronic e-filing service, tax structures are able to provide better service while at the same time reducing compliance and their administrative costs. This makes it easier and cheaper for tax professionals to file and pay. Through mechanisms such as tax procedures and Tax Audit Practice Guidelines and other papers and circulars that help the conduct of tax strutures in confront of taxpayers and tax proffesionals. While, everyone recognises that albanian tax administration has responsibility for the tax system and makes the final decisions, we know that we can do things more effectively, if there is a spirit of cooperation and mutual understanding with tax professionals. Both tax structures and tax professionals have a mutual self-interest in bringing common sense and clarity to what is a complex area of business and personal life of taxpayers. The consultation is very important – our strategy is that we listen, we exchange views and ideas, and we generate ideas. On the other hand it is important to get the professional’s practical business perspectives and learn from their experiences. Sometimes a more informative practical viewpoint, e.g. learning practical insights and difficulties in operating legislation, is a more valuable insight than discussions about proposals or the difficulties in implementation of current legislation in an internal vacuum. As well as the invaluable role, played by practitioners in promoting and fostering a pro-compliance culture in Albania, they have also been a significant catalyst and facilitator of some of the major changes in tax administration here. All of the changes have occurred while resources have remained static. With the support (and sometimes the forbearance) of tax professionals, tax administration has managed to transform itself from an organisation that was focused on process and procedure, structurally frozen, averse to change and largely indifferent to its customers’ needs to one which is trying now to customer focused, more effective in its core businesses, structurally flexible, risk driven and looking forward with enthusiasm to the challenges ahead. The near future tax declaration-on-line filing service in Albania, it’s aspected to be a phenomenal success. In industrialised countries of EU, even though e-filing is not mandatory, over 53% of self employed taxpayers filed on-line last year, in order to be increased to over 60%. This is because so many of the returns are filed by tax professionals who have been active partners in our e-filing success. As a result, there have been huge benefits for both Revenue and practitioners in terms of service and cost. Tax professionals have been the most enthusiastic supporters of our on-line filing system and we are continuing to work closely with them in developing it to ensure that it continues to meet their needs and concerns re service, security and confidentiality. It would be wrong to give the impression that tax structures accept everything that the tax professional engages in. One of the main areas of contention is ‘avoidance’ or aggressive tax planning. While professionals have a key role to play in relation to promoting compliance, there are problems sometimes when tax planning steps over the line. Of course tax offices understands the motive for tax planning. Naturally, all taxpayers want to pay less tax and if there are ways of avoiding tax, and some are willing to pay a lot of money for it. The problem is when such schemes have the potential to undermine the integrity and legitimacy of the tax system in the wider community. There is an ongoing debate with tax professionals as to where that line is – what’s acceptable and what’s unacceptable. The tax administration’s objective is to move tax professionals and their clients away from getting involved in unacceptable tax planning schemes. On the other hand, albanian tax administration are closely monitoring new developments in other countries to establish the best approach to take to change behaviour in this regard. The tax administration approach to tackling risk, in tax structures, is to analyse risks for a taxpayer across all taxes. This makes it more difficult for the general tax professional who may act in relation to some of the taxes only. It may present particular problems when preparing for a revenue audit when the full range of taxes and duties, from income tax to excise duties, could be reviewed. It’s not just tax administration that tax professionals have to deal with. They have to contend with more and more statutory reporting requirements from other bodies such as the Prosecutor, money laundering department, Customs, and many other public agencies regarding company law offences, to illustrate just a few regulatory bodies. The whole compliance environment is becoming more difficult for the practitioner and this is not being made easier by duplication of requirements from the various public bodies. However, we are working with other agencies to try and streamline matters where possible. In the last four years, tax investigation units have carried out a number of large investigation projects aimed at dealing with tax evaded on funds hidden by way of various means, such as money laundering in the registered businesses, under reporting or missing declarations of incomes etc . As mentioned earlier, there is a new investigation scheme underway into undeclared funds hidden. Because of the numbers of taxpayers involved, approximately 1, 000 over the last 2 years, tax professionals are complaining about the strain that all this extra work is placing on them which is in addition to their normal advisory and returns preparation work. The timing and management of some of these special investigations has been a bone of contention with them and this has caused some difficulties in their relationship with tax administration. Tax professionals sometimes ask hard questions which tax officials may not have asked themselves and, which tax administration has to answer. This ultimately is of benefit to tax administration as it focuses them on dealing with and addressing difficult issues, which may have been overlooked. As key stakeholders they want tax professionals to have a sense of ownership in the tax system. This partnership approach with them also helps to counter relationships of distrust and enables tax administration to create real relationships. To this end, the good relationship with tax professionals can help in building public confidence in the tax administration. In terms of our objectives, we have benefited from our approach with them. However, tax officials should not get carried away. While they have a long engagement, the marriage has been more one of convenience than of love for each other. Paying tax will never be popular and there will no doubt be serious difficulties ahead. This relationship overall is on a sound footing and capable of withstanding whatever troubles lie ahead. In this conclusion I can pronounce the sentence that I’m carrying in my mind always “Tax administration need tax professionals and they need tax administration”. One of my favorite movies is The Matrix. The reason why I like it so much is because it is actually based on truth (like a lot of fiction movies are). While doing research on the things of this world, I have come to realize that a lot of things that we have been told, and things that we believe to be true, are not. Microwaved food is safe for human consumption. There is a law requiring citizens to have a social security number. Fluoride is good for your teeth. Michael Moore exposed the REAL truth behind 9/11. The cost of living goes up every year. Vaccines are effective, necessary and safe! High cholesterol causes strokes and heart disease. The house you live in is a good investment. The Federal Reserve Bank is federal and has reserves. There are no known cures for HIV/Aids. Now, all of the above statements are “known” facts. But if you would do your own research…. Wait, let me state that again. IF YOU WERE TO DO YOUR OWN RESEARCH, you would find that not only are the above statements false, but in most cases, they are the complete opposite of the truth. Now, I don’t have time to go through all this, so right now I will focus on the tax controversy. There are two basic types of tax. There is indirect tax and direct tax. The term indirect is in reference to a person’s labor. For example, gas tax, tobacco tax or sales taxes are all indirect taxes. Social security, Medicare and Federal income taxes are direct taxes on your labor. Generally speaking indirect taxes are avoidable, whereas direct taxes are not. By the way, if you are a federal employee, you are considered by the government to be privileged as opposed to a private sector worker. Since your income is derived from gains (tax of citizens), it is constitutional to lay tax on your wages. That is “considered” an indirect tax. Congress on the other hand has the right to tax gains or profits. Examples would be dividends, royalties, alimony, pensions and things of that nature. So doesn’t this mean that the Federal Income tax that we pay nowadays is unconstitutional? No it doesn’t!!! Let’s start at the beginning. In 1862, America was in the midst of a civil war. Abe Lincoln thought that this would be a quick and painless war, but it turned out to be long and bloody. President Lincoln had left the gold standard and started printing money (greenbacks) out of thin air to finance northern government. This caused inflation in the dollar supply. So on July 1st 1862, they passed the Internal Revenue Act of 1862 (which was a revision of an earlier flat rate income tax passed in 1861) to combat inflation and finance the war. This was the first income tax and it was put on the pay of government workers and it was withheld. Luxury taxes (remember the monopoly board?) were imposed on a long list of commodities, including alcohol, tobacco, jewelry, yachts, playing cards etc. The act taxed licenses (on almost all professions) and also gains and profits (receipts from corporations, interest and dividends) as well as stamp tax and inheritance tax. This Act established that income is ‘gains’ or ‘profits’. This is the reason why only government workers paid it. If income meant anybody’s wages that had a job, then obviously everyone would have been taxed, and of course, that would have been unconstitutional. A person’s labor is his own personal property and cannot be taxed. In 1894 Congress enacted another federal income tax. This tax would allow for not only salaries but ANY OTHER compensation that was paid to anyone who was in the privileged sector. The Supreme Court declared that this was unconstitutional because if you tax gains from personal property, then that is just like taxing the property itself, and is therefore a direct tax. But this created a loophole. Someone who had otherwise “taxable income” could attempt to get out of paying taxes by assigning that income to his/her personal property which would take it out of the category of indirect and make it a direct tax. To make a long story short, this is what led to the 16th amendment. So, did this amendment authorize everyone to be taxed, or did it just close the loophole? If you notice, it doesn’t say that congress has the power to lay and collect direct taxes. So in order for this amendment to be compliant with Article 1, section 9 of the constitution, it would seem that it could only mean the same indirect tax that it had always meant. What did the Supreme Court have to say about it? “The 16th Amendment does not extend the power of taxation to new or excepted subjects, but merely removes the occasion for apportioning taxes on income among the states. Neither can the tax be sustained as a tax on the person, measured by income. Such a tax would be by nature a capitation rather than an excise.” PECK v. LOWE, 247 U.S. 165(1918). “The 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged.” STANTON v. BALTIC MINING CO., 240 U.S. 103 (1916). “The 16th Amendment must be construed in connection with the taxing clauses of the original Constitution and the effect attributed to them before the amendment was adopted.” EISNER v. MACOMBER, 252 U.S. 189 (1920). So, it looks like the fact that it is said that international bankers (J.P. Morgan, Paul Warburg, and John D. Rockefeller) bribed Secretary of State Philander Knox into fraudulently declaring that the 16th amendment had been properly ratified when it had not, really didn’t matter. Even after the 16th amendment, only a small percentage of Americans paid “income” tax. So why are we ALL paying it today? This was a direct tax on everyone’s labor and would have been unconstitutional if it was enforced, so it had to be voluntary (even though they didn’t tell the public about the voluntary part). Now the IRS says the 16th amendment authorizes them to tax everyone’s labor. But since the sixteenth amendment was already signed, it would appear that this Victory Tax would have been unnecessary. Maybe the government didn’t realize this at that time. There had to be a way that they could get everyone to pay this voluntary tax so the wicked ones unleashed one of their greatest weapons (Hollywood) to do what it was made to do, program the minds of the people! Henry Morgenthau, the Secretary of the Treasury at the time, ordered John J. Sullivan, a Treasury Department official, to contact none other than Walt Disney! Walt flew in to D.C. to have a meeting with Morgenthau and Internal Revenue Commissioner Guy Helvering. Morgenthau told Walt that the U.S. wanted him to help sell people on paying the income tax. Walt wondered why this was even needed. Couldn’t you just throw people in jail if there was a law saying you must pay? Mr. Helvering told Walt that he wanted people to be enthusiastic about paying taxes. So Walt went back to California and put a short movie together called “The New Spirit”. The objective was to make people feel it was their “patriotic” duty to pay the income tax. It starred Donald Duck (Walt’s biggest star at the time). Along with this movie, “Inflation” and “Spirit of 43” all played instrumental roles in the tax propaganda. Donald cashes his paycheck and is unsure how to best spend his money. Two aspects of his personality materialize: ‘Thrift’ and ‘Spendthrift’. Thrift tells Donald he should save to pay his taxes, but spendthrift tells Donald that it is his money and he should spend it how he pleases. In the end, Donald realizes that it is his duty to serve his country and pay taxes. According to tax historian John Witte, “In 1939, about 15% of the people paid income tax. That’s all, period. At the end of the war, we had 80% of our families paying income tax.” Just entertainment huh? In 1944, the Victory Tax was repealed by section 6 of the Income Tax Act of 1944 after it had been renewed. But, for some strange and unknown reason, Congress decided to keep it on the down low. Because most people didn’t know about it, they just kept paying taxes. So I guess we are all here today, still paying the Victory Tax voluntarily. Tell me, do you feel victorious? The IRS would like you to believe that everyone must pay tax. They would like you to believe that the 16th amendment gives them that right and that the law is the IRS code. But according to the Supreme Court, the code is not the law, it is just the regulation and assessment of the law. The law is the Constitution. Maybe this is why the 16th amendment does matter. Because the 16th amendment’s language is what enables the general public to believe they have to pay. Maybe the wicked ones knew this when it was declared ratified. It seems that this bribe would be a good investment. Without this amendment, very few of us would believe we have to pay tax today. According to the Supreme Court, when you fill out your W-4, you are voluntarily entering into an agreement with the federal government, and claiming that the money you receive is taxable “income”. And since you sign this under penalty of perjury, you are also voluntarily waving your 5th amendment right! You just don’t realize it. So when the IRS, comes and knocks your door down, seizes your property and throws you in jail, don’t say that it is unconstitutional. The Supreme Court says it’s not unconstitutional, for you told them that you worked for the government and that you made “income”. Since the lower courts are not in compliance with the Supreme Court, the judges don’t care about Supreme Court rulings, and since the government has already stated that they don’t have to show a law that requires citizens to pay tax, your complaints could very well go unanswered. Is this the dirty little secret that the IRS doesn’t want you to know? Is this why the IRS chooses to audit certain people when they know millions don’t pay and they could just go after them? I am not an accountant or a lawyer! This article is not intended to incite you to take any action. THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY! Do your own research, and make an informed decision.

2019-04-23T16:41:47Z

http://pinkthe.info/

Substantial recent research examines the efficacy of many types of complementary and alternative (CAM) therapies. However, outcomes associated with the "real-world" use of CAM has been largely overlooked, despite calls for CAM therapies to be studied in the manner in which they are practiced. Americans seek CAM treatments far more often for chronic musculoskeletal pain (CMP) than for any other condition. Among CAM treatments for CMP, acupuncture and chiropractic (A/C) care are among those with the highest acceptance by physician groups and the best evidence to support their use. Further, recent alarming increases in delivery of opioid treatment and surgical interventions for chronic pain--despite their high costs, potential adverse effects, and modest efficacy--suggests the need to evaluate real world outcomes associated with promising non-pharmacological/non-surgical CAM treatments for CMP, which are often well accepted by patients and increasingly used in the community. This multi-phase, mixed methods study will: (1) conduct a retrospective study using information from electronic medical records (EMRs) of a large HMO to identify unique clusters of patients with CMP (e.g., those with differing demographics, histories of pain condition, use of allopathic and CAM health services, and comorbidity profiles) that may be associated with different propensities for A/C utilization and/or differential outcomes associated with such care; (2) use qualitative interviews to explore allopathic providers' recommendations for A/C and patients' decisions to pursue and retain CAM care; and (3) prospectively evaluate health services/costs and broader clinical and functional outcomes associated with the receipt of A/C relative to carefully matched comparison participants receiving traditional CMP services. Sensitivity analyses will compare methods relying solely on EMR-derived data versus analyses supplementing EMR data with conventionally collected patient and clinician data. Successful completion of these aggregate aims will provide an evaluation of outcomes associated with the real-world use of A/C services. The trio of retrospective, qualitative, and prospective study will also provide a clearer understanding of the decision-making processes behind the use of A/C for CMP and a transportable methodology that can be applied to other health care settings, CAM treatments, and clinical populations. We describe here our study designed to understand clinically meaningful outcomes (from both patient and provider perspectives) of acupuncture and chiropractic (A/C) care as delivered in routine practice settings for the treatment of chronic musculoskeletal pain (CMP). The centerpiece of the study is a prospective cohort study. However, before we undertake this phase of work, we will conduct an analysis of electronic medical record (EMR) data and qualitative data collection to provide the foundation for identifying a more meaningful comparison of outcomes between those receiving and not receiving A/C care. Our goal is to test an exportable methodological approach that can be used to understand critical outcomes associated with the receipt of an array of treatment services in everyday practice settings for a realistically diverse set of patients. Chronic pain is a highly prevalent condition, often resulting in large decrements in health-related quality of life (QOL) and functional status, with substantial associated medical care costs, disability, and productivity loss [1–3]. CMP in particular is both prevalent and costly [4–7], affecting 60-80% of American adults at some point during their lives; CMP symptoms are among the top five reasons that patients visit clinics and emergency departments [6, 8]. Recent alarming increases in delivery of opioid treatment and surgical interventions for chronic pain--despite their high costs, potential adverse effects, and modest efficacy [9–12]--suggest the need to evaluate outcomes associated with promising non-pharmacological/non-surgical approaches for CMP management and treatment, including complementary and alterative medicine (CAM). Americans seek CAM treatments far more often for CMP than for any other condition . Substantial recent research has examined the biological basis and efficacy of many types of CAM therapies but, despite calls for effectiveness-oriented research, "real-world" use of CAM remains understudied [14, 15]. Use of CAM for CMP appears to be increasing. A national survey found that 38% of U.S. adults used some form of CAM, most commonly for relief of back and neck pain, joint pain and stiffness, arthritis, and other musculoskeletal conditions. Among CAM treatments for CMP, acupuncture and chiropractic care are considered the most highly accepted by physician groups [16, 17] with the best evidence to support their use [18–21]. Nearly 90% of states mandate insurance reimbursement for chiropractic care and approximately 25% do so for acupuncture . Further, a survey of acupuncturists and chiropractors in Massachusetts, Arizona, and Washington found that back pain was the most common reason given by patients for seeking treatments; overall, 40-76% of patients included CMP among their reasons for seeking such treatment . Patients also report high levels of satisfaction with acupuncture and chiropractic care . A Consumer Reports survey found that while more than half of the respondents reported being highly satisfied with care from acupuncturists (53%) and chiropractors (59%) for back pain, only 44% reported similar satisfaction with care from specialist physicians and 34% with care from primary care physicians . Despite some positive findings among observational studies and randomized controlled trials (RCTs) regarding the impact of acupuncture [18, 26, 27] and chiropractic care [18, 28–30] on CMP, highly controlled trials have suggested that expectation and non-specific effects may be substantial contributors to observed treatment effects [31–33]. These findings highlight the importance of examining patient expectations and treatment decision-making factors when evaluating such outcomes. Given both the popularity of A/C for CMP treatment and outcome findings, an important next step is to examine the use of these CAM therapies for CMP as they are delivered by providers in routine practice settings. Multiple recent reports [14, 15, 34, 35] suggest the importance for health services research to explore models of organized health delivery that integrate CAM with conventional medicine. Until recently, patients were likely to make decisions about whether to use CAM services without input from allopathic providers [36, 37], but today's patients are increasingly "co-managed" by conventional and CAM clinicians. Most patients report using CAM and conventional medicine together and want the opportunity to discuss CAM use with their primary care providers, be respected for their beliefs, and be guided on their use of such treatments [38–40]. Many CAM therapies are used to complement, rather than replace, conventional medicine; therefore, it is important to identify a model that can serve as a unified framework for the decision to use A/C within this context. Thus, we chose a framework to guide our exploration of patients' decisions to use A/C based on a well-accepted model for general health care decision-making and use [41, 42], that has been expanded to consider integration of CAM services (see Figure 1). This model for CAM use includes commonly used self-directed practices and products as well as provider services that are the central focus of this study. Further, the model includes indicators that may "pull" a person toward A/C use (e.g., responsibility for preventive self-care) or "push" patients (e.g., dissatisfaction with conventional medicine)[44, 45]. Research on conventional medicine use suggests that enabling factors (e.g., access, information about forms of care) and need (e.g., type and level of impairment) are the primary drivers of health care decisions [46–48], but their relative importance has not been explored for A/C service use. Patient Factors Influencing the Decision to Use Acupuncture and/or Chiropractic Care (A/C) for Chronic Musculoskeletal Pain. This project will use data collected from a prepaid group practice model health maintenance organization (HMO) that offers A/C coverage for CMP treatment; in this setting, enabling factors of access (insurance coverage, co-pays, lower out-of-pocket costs) will likely mitigate the influence of economic factors [47, 49, 50]. Consequently, we will be able to explore more fully those non-financial predisposing and need factors that affect A/C decision making. This framework also helps guide us toward the most important domains for measurement. Finally, there is increased demand for innovative study designs using data from routine practice settings to compare strengths and weaknesses of various medical interventions. Ideal settings are health care systems that use EMRs, provide insurance coverage, and document the use of provider-delivered CAM services, such as A/C care. Innovative research designs in these settings can provide information for health care providers and patients about which CAM and conventional treatments are likely to provide the best clinical, functional, and quality-of-life outcomes for everyday users in routine practice settings [51–53]. These designs will include a more diverse range of study subjects than would RCTs and allow longer follow-up, facilitating identification of groups that may uniquely benefit or encounter complications. These settings permit study designs that can examine the full array of treatments and associated outcomes that patients may encounter. Despite these advantages, making causal inferences in observational studies is more challenging than in RCTs because of confounding by indication. That is, patients (and/or doctors) choose treatments using information that may not be evident to researchers. Patients who receive a given treatment in everyday practice may be dissimilar from their counterparts who do not, in which case treatment outcomes may be at least partially related to unmeasured pre-treatment differences rather than the treatment received. For pre-treatment differences where we have valid information, recent analytic techniques offer the promise of identifying patients with similar probability of receiving a particular treatment [54–58]. In the event that one of these patients receives the treatment and the other does not, clinical outcomes may be validly compared for such individuals. Using such approaches can complement what can be achieved with RCTs relatively quickly and efficiently. Such observational studies can highlight important domains for subsequent confirmatory RCTs or point to patterns of utilization and outcomes that are not predicted by existing RCTs. The aims of the present study are two-fold. The first goal is to examine who (i.e., CMP patients with what characteristics and history of clinical care) will have improved outcomes from A/C care, and to identify the specific characteristics of such care (e.g., duration, comprehensiveness of employed A/C modalities). The second goal is to test an exportable methodological approach that can be used to examine clinically meaningful outcomes for patients: (1) in different settings, (2) using different types of CAM or conventional medical services, with (3) different health care conditions and characteristics. The overarching goal of this multi-phase, mixed methods study is to understand the real world implications for patient care and patient satisfaction of acupuncture and/or chiropractic treatment for CMP. Our study setting is a closed patient population HMO in which insurance coverage has been available for A/C treatments. In order to accomplish our goal, we divided our work into three complementary but distinct phases as summarized in Figure 2. Phase 1 involves assembling and exploring a research database with 5 years (2006-2010) of prospectively collected elements available within the HMO. We will identify HMO members who satisfy our study definition of CMP (see Table 1). The database will include members with evidence of using A/C services and a matched comparison group without such evidence. We will then compare these groups on clinical care outcomes and costs derived using EMR data. These analyses will be augmented with patient-reported out-of-plan A/C utilization. Phase 2 includes qualitative methods to describe the characteristics of A/C services received by HMO-based CMP patients and the decision-making processes of allopathic providers and patients in choosing such services; this will allow us to design the appropriate data collection tools and strategies for Phase 3. During Phase 3, we will conduct a longitudinal prospective cohort study of carefully matched samples of A/C and non-A/C patients. Participant selection will rely upon clustering/matching methods identified during Phase 1, refined by Phase 2 qualitative findings, and augmented by additional, direct-assessed patient-report baseline data. Outcomes will include EMR-derived utilization information and patient-reported outcomes. The patient-reported outcomes will cover clinical, psychosocial, quality of life, service utilization, and health care costs over 12 months. We will develop and/or refine these outcomes in the process of Phase 1 data exploration and Phase 2 qualitative research that explores outcomes that are clinically meaningful to conventional and CAM providers and are associated with high levels of patient satisfaction. Finally, we will compare outcomes from this augmented data set to those found during the Phase 1 EMR-only analyses, conducting sensitivity analyses to test the robustness of our findings and transportability of methodology. While phases 1 and 2 can stand alone, in this project they are preparatory to Phase 3, the longitudinal prospective cohort study. Study Phases, Procedures, and Chronic Musculoskeletal Pain (CMP) Participant Flow. Only one CMP/nCP diagnosis can be counted in any given 7-day window to minimize the possibility that qualifying diagnoses reflect multiple visits/services for the same acute pain condition. This study is being conducted at Kaiser Permanente Northwest (KPNW), a large HMO in the Pacific Northwest with several features that create a uniquely favorable environment for this research. First, KPNW has an extensive history of CAM integration. Due to Washington State's 1998 law mandating insurance coverage for a broad array of licensed providers (including chiropractors and acupuncturists), KPNW began to offer CAM coverage for all health plan members. Administration of this coverage is provided by a managed complementary care network that maintains electronic data from HCFA-1500 forms (including information on diagnoses, procedures, and dates of service) and these data are available to the project. Second, any health plan member can be referred by a KPNW clinician for A/C care for qualifying conditions, including acupuncture for CMP and chiropractic care for acute exacerbations of CMP conditions. Although some patients pay out-of-pocket for A/C care, our out-of-plan CAM use survey will help us discern this prevalence. Third, in 1995, KPNW implemented a comprehensive EMR system (HealthConnect) that has since captured A/C services and documented all outpatient provider encounters, diagnoses, referrals, laboratory and imaging studies, and prescriptions. The HMO provides most services in its own hospitals and clinics, yet data are compiled and available on reimbursable external services received by health plan patients. Together these provide an all-inclusive picture of members' covered health care utilization. Study participants are health plan members aged 18 or older with evidence of CMP. To identify such patients from the EMR, we use ICD-9 codes consistent with CMP-related diagnoses, as outlined in Table 1. Musculoskeletal pain is thought to contribute to tension headaches, carpal tunnel syndrome, and temporomandibular disorders (TMD). Accordingly, and because A/C care is sometimes sought for the treatment of such conditions, we include participants with these diagnoses. To ensure chronicity of the pain disorder, visits must indicate such diagnoses or receipt of commensurate health services spanning at least 180 days. Exclusion criteria include history of cancer or cancer-related pain, hospice or other end-of-life palliative care, cognitive impairment (dementia, developmental delay, and psychosis) that would make it unlikely that the patient would receive A/C and/or could participate in study assessments. In later sections, we describe additional inclusion and exclusion criteria specific to the qualitative (Phase 2) and prospective cohort (Phase 3) portions of the study. Preliminary analyses indicate that during a recent calendar year (2010), almost 24% (N = 71,584) of our 304, 034 current health plan members ≥ 18 years of age met criteria for current or recent CMP;, a high prevalence in the study setting even when using a stringent definition of chronic pain (at least six months' duration of symptoms). Further, 36% of these CMP patients met criteria for more than one type of chronic pain (see Table 2), suggesting the importance of including participants with more complex conditions (i.e., multiple simultaneous CMP ICD-9 diagnoses) to adequately examine care in routine settings. *2224 chiropractic only, 2314 acupuncture only, 278 both. The first phase of the project involves constructing a sample of HMO members with CMP over a five-year period (1/01/2006-12/31/2010). One difference between EMR-based and RCT-based research is the importance of the occurrence of medical events over time, in the absence of any research intervention. Each patient in the sample will have a virtual enrollment date, at which they first satisfied the CMP-eligibility criteria. All EMR data prior to that date correspond roughly to "baseline" data in an RCT, the primary difference being that the amount and duration of EMR-based events will almost certainly vary widely from patient to patient. As one moves forward from the virtual enrollment date, a given patient can be considered to be someone who uses A/C during that time period if they initiate A/C visits, or not if they rely solely on conventional care. Consequently, whether a patient is considered as treated (with A/C) or "control" (without A/C) depends on the time period over which outcome events are accumulated. This feature substantially complicates the analysis, above and beyond the absence of a formal intervention. Those who receive A/C treatment or are identified as "control" subjects can then be compared on clinical care outcomes and costs derived from EMR data. Phase 1 includes a focus on analytic innovations that capitalize on our very large data set (122, 896 health plan members with EMR-identified CMP from 2006 to 2010) to describe pain-related services. We will also explore and compare outcomes found through multiple methods for identifying suitable comparable groups of patients (those who did and did not receive A/C services) and best controlling for potential confounders between the groups. This approach is consistent with recommendations for observational studies to employ multiple analytic strategies to ensure consistency of findings . Reviewed below are our methods for organizing our data and creating descriptions of trajectories of pain care services (event-stream methods) followed by the three principal analytic approaches to be employed to match participants receiving A/C to suitable controls - selection models, propensity score analysis, and the analysis of matched comparison groups. These analytic methods will be oriented toward reduction of indication bias. Management of longitudinal patient records is difficult because patients receive services in diverse ways. Unlike clinical trials in which all measures are collected in the same time frame, clinical records include patients who visit the health plan at different times for different services, each displaying a unique, idiographic "trajectory of care." For CMP patients, for example, this might include use of patient education, physical therapy, and opiate medications over a particular period of time. The event-stream method allows a richer description of patient care over time, more consistent with how patients receive services in routine care. The method defines an efficient data interface between the clinical/administrative databases and the analysis datasets [61, 62]. Event-stream methods can be used to construct the types of variables that can then be used in a conventional analysis. This approach simplifies both the data extraction and statistical analysis and allows a richer array of variables for identifying matches or clusters of patients. To compare CMP patients who are users and non-users of A/C care on their health care utilization, we will need to adjust for features that might be associated with both the use of CAM (A/C care) and health care utilization overall. One of the challenges the project will address will be to determine the potential confounding factors from the EMR data alone. The chief threat to the validity of clinical observational studies is indication bias, in which factors that predict clinical outcomes are associated with treatment choices. This problem is not unique to biomedical research, and in fact the foundational development of selection models was carried out in economics . Therefore, Heckman's selection models will be used to produce analyses based on joint estimation in a regression model (for the outcome) and a logistic regression model (for the treatment selection), which permits these two processes to be linked. Of all the approaches to be used in this project, this is the one that most closely mirrors statistical analysis in a conventional clinical trial. Another method we will use to model the probability of being referred for and obtaining CAM treatment is propensity score analysis [56, 59, 64–66]. Propensity scoring is an increasingly accepted collection of techniques to adjust for non-random selection among groups within observational studies. This approach is designed to remove most of the imbalance associated with the measured characteristics of cases allowing less biased estimates of treatment effect and other quantities linked with treatment (e.g., cost, quality of life). Propensity scores are designed to extract all of the relevant information from potential confounding variables. A consequence of this method is that two people in the same propensity stratum would be equally likely to receive the (CAM) treatment, after conditioning on all their known pre-treatment characteristics, which justifies an entirely conventional analysis. We will follow the modern literature on propensity scoring to use multiple models with different forms and assumptions, as this is the only way known to probe the validity of the resulting analyses. Table 3 includes a list of EMR variables available to us for this purpose. The third and primary approach we anticipate using to matching participants receiving A/C to suitable controls is the analysis of matched comparison groups. This approach is based on the notion that if, at a particular time, one can form a group of patients who are well-matched on prognostic factors, then within such a group decisions whether to use A/C cannot be based on the matching factors and must be weakly associated with unmeasured factors that are correlated with measured matching factors, thus tending to remove indication bias. If this type of matching were perfectly successful, then the absence of formal randomization would become irrelevant. In the analysis, one would compute treatment effects at the MCG level. Subsequent analysis would search for consistent results across similar MCGs, and in the presence of such similarity, accumulation of results would be applied to patient subpopulations. Formation of MCGs will be aided by the affinity clustering technique [54, 67], which can be employed in large samples and has the advantage of identifying an "exemplar" patient whose variables represent those of the MCG members, thus making it possible to characterize MCGs at the analysis stage. Variables from the EMR include the patient characteristics and care variables delineated in Table 3. Available variables include many of those posited to be important factors in patients' decisions to use CAM therapies, as delineated in Figure 1 (Boxes A-C). Our large study patient pool study makes it possible to find MCGs of relatively closely matched CMP patients. We anticipate finding a large number of MCGs, each small and highly homogeneous. Outcomes will consist of various utilization measures, both generally and specific to CMP (see Table 4). We do not anticipate statistical significance at the MCG level due to their small size; rather, we intend to aggregate results across MCGs to investigate homogeneity of A/C effects and to relate the magnitude of A/C effects to MCG exemplar characteristics. In identifying MCGs, we will use all CMP patient EMR data collected over a 5-year span (2006-2010). Patients must have a long enough duration of consecutive health plan membership to establish CMP eligibility and evaluate outcomes over the following year. To ensure maximum comparability, eligible patients must have clinical data available over a period when the A/C referral patterns were highly comparable. For each analytic approach, for each outcome measure, an A/C effect (comparing A/C and non-A/C patients) will be computed for each informative MCG. Table 4 shows the EMR-derived clinical outcomes that we plan to examine. We will employ conventional between-group estimates of the A/C effect measures. We anticipate, however, that there may be substantial heterogeneity of A/C effects across MCGs, so that it will be important to characterize where A/C has a beneficial effect, no effect, or an adverse effect. We will use both graphical methods as well as clustering of MCGs. We will also use explanatory linear models, usually ordinary regression, but potentially variants, depending on the specific type of outcome. In clinical trials, it is appropriate to pre-specify the main analyses; however, in clinical non-intervention research, the reverse is the case. As emphasized in Guo and Fraser , because each analytic approach has its own strengths and weaknesses, it is essential to carry out a multiplicity of different analyses and assess their potentially conflicting results in the context of broad knowledge about clinical processes and patient behaviors. This virtually guarantees that reports of research results from non-intervention studies will be more lengthy and complex than their clinical trial counterparts. Unlike an RCT, at this stage of EMR-based research we do not have simple, prespecified hypotheses to test. Furthermore, in the light of the desirability of carrying out multiple types of analyses with different endpoints and analysis variants, it is not feasible to make standard sample size computations. Instead, study justification rests on the very large pool of eligible patients (122, 896 health plan members with EMR-identified CMP from 2006 to 2010) and analysis relies on precise estimation of potential effects, rather than on statistical decision-making. Moreover, part of the purpose of an EMR-based study is to portray the variability of response patterns at the individual patient level (as opposed to an average result for the entire sample) to the extent that this is observable. Here again, statistical decision-making does not seem to be an optimal approach. Our first-step Phase 1 analyses are confined to variables available in the EMR, which we will use to develop a broadly replicable and efficient approach to evaluating A/C impact. However, patients may be using A/C and other CAM therapies in ways not visible within the EMR. Similarly, there may be patient characteristics contributing to the decision to use A/C therapies that are also not readily visible in the EMR. To address these issues, we will identify patients whose EMR records suggest the presence of CMP within the past two years; we will then invite them to complete a survey identifying current and prior out-of-plan A/C use and use of related treatments/practices. A copy of the survey is available from the first author. We will then replicate the Phase 1 procedures (described above) with the enhanced data set including only those individuals who responded to the survey. This will allow us to evaluate the robustness of our findings by comparing the MCG characteristics identified using only EMR data with those identified in this augmented data set. Additional insights and characteristics predictive of out-of-plan use will help guide sampling of CMP participants for the focus groups in Phase 2, as well as the MCG design for matching participants in Phase 3. Data on out-of-plan use will be most accurate for current use patterns, which are most important for Phases 2 and 3. There will still be "noise" in this data for two reasons: first, not all CMP patients will respond to the survey; second, retrospective self-reporting may not allow us to determine with certainty whether self-care practices or out-of-plan CAM use preceded receipt of covered A/C care. Nonetheless, reporting such practices indicates a patient's general proclivity to seek CAM services or engage in self-care practices to address health concerns. Information on this tendency may enhance our interpretation of patient decision-making and outcomes. The second phase of the project will use qualitative research methods to achieve three goals: first, to identify characteristics of A/C received by CMP patients through A/C provider interviews; second, to explore patients' and allopathic providers' decision-making processes in choosing to use/recommend A/C; and third, to identify important outcomes and factors associated with patient and provider satisfaction. Each of these components will inform the construction of instruments for Phase 3. For this study phase, we will use qualitative methods because they can elicit the participants' perspectives in defining the range and variability of beliefs, behaviors, and experiences, all within the context of the natural language people use to discuss these issues. Qualitative methods will also allow us to discover themes not anticipated by study investigators. Standardized approaches [68–70] will guide research activities. Our data collection methods will include focus group interviews [71–74] and in-depth interviews [68, 75, 76], analyzed using a content analysis approach . Through a descriptive case-study approach, we will investigate the full range of details of A/C use, including processes by which allopathic providers decide to make A/C referrals, how CMP patients decide to use such services, and how A/C providers decide the components of care to deliver. The primary questions that guide this case-study research are: (1) What are the barriers and facilitators to seeking/referring A/C for CMP patients? (2) What are the nature and extent of the services received from acupuncturists and chiropractors (i.e., services broader than needling for acupuncture and spinal manipulation for chiropractic care)? and (3) What are the clinical, functional, and quality-of-life outcomes patients and providers associate with receipt of A/C, and which processes or outcomes are most closely associated with patient and/or provider satisfaction? Phase 2 qualitative data will be collected in two waves: we will use information from the first wave to refine the questions asked during the second wave interviews and focus groups and, ultimately, to collect data on potential confounders (i.e., patient factors related to decisions to use A/C services not reflected in EMR data) for use in Phase 4 analyses. The following types of patients will be represented among those we interview: (1) patients who were clinician-referred and received A/C services; (2) patients who received A/C without a clinician referral; and (3) comparable CMP patients who have not received A/C (including those referred who did not follow through). We will use data collected through Phase 1 EMR analyses and out-of-plan surveys to identify these types of patients for sampling. We anticipate holding multiple focus groups for each category of participants. Those who received acupuncture and chiropractic care will be recruited for separate focus groups. Focus groups are an efficient mechanism for investigating how people conceptualize, experience, and talk about issues, for examining a range or consensus of experiences, and for collecting qualitative data from many individuals in a short time. Focus groups will be audio-recorded and consist of 6-12 participants, an optimal size range for discussing behaviors and experiences . Each patient focus group will address the three main topics described above. As part of that process, we will explore two additional issues related to the decision-making process as shown in the model in Figure 1: factors that prompt individuals to seek and, once initiated, continue or discontinue A/C care, and reasons for deciding to seek care with or without primary care provider concurrence. The first wave focus group results will be used to refine the draft Phase 3 questionnaires. Second wave focus groups of prior A/C users will be asked to complete the draft questionnaires prior to focus group attendance and be prepared to advise researchers on domains or questions relevant to their use of A/C services not covered in the questionnaire, as well as to comment on their understanding of the questions we designed. We will not alter questions that are part of validated instruments, but we will use the feedback to refine our overall assessment battery and to adjust items that we have created based on first-wave focus groups. In in-depth interviews, researchers will introduce a series of prepared, open-ended questions designed to elicit factual information on treatment (A/C providers) and referral (allopathic providers) practices, as well as providers' knowledge, beliefs, attitudes, and experiences relating to A/C for CMP conditions, including what they would perceive to be clinically meaningful improvement. An interview guide, ongoing QA meetings, and transcript reviews will assure uniformity of approach and coverage in the interviews. We will conduct in-depth interviews with acupuncturists and chiropractors who see a high volume of CMP patients from the health plan to learn about their treatment styles and decision-making processes for CMP patients as well as their experiences with KPNW members who are physician-referred or self-referred. We will also interview health plan providers, sampling from among those with high numbers of A/C referrals, those with some A/C referral history, and those who never or almost never refer CMP patients for acupuncture or chiropractic services. Audio recordings of all focus groups and interviews will be transcribed verbatim using standardized transcription protocols. Using content analysis techniques, we will analyze transcripts and field notes [68, 77, 78] in two stages. First, we will use topical indexing to identify text pertaining to each interview question and prompt, followed by development of a more detailed coding scheme to capture content, themes, and sentiments. Data management and reduction will be supported by use of ATLAS text analysis software (Sage-Scolari, Thousand Oaks, CA). We will compare participant responses within and across categories to identify beliefs, attitudes, behaviors, and experiences important to understanding decisions to seek and continue A/C care and outcomes associated with A/C care for CMP. We will analyze response frequency and content and the vocabulary describing concepts and experiences. This will allow identification of key issues by exploring areas of consensus and contradiction within and across focus group participants and provider respondents [68, 79]. Potential bias will be minimized and data credibility enhanced through comprehensive training of interviewers and coders, and multiple members of the research team will complete each type of task. Coder reliability will be determined through check-coding of 1 out of every 6 interviews and focus groups. Because ATLAS can interface with statistical programs, participant characteristics and responses to quantitative questions (e.g., questionnaire draft) can be included in the database and will enable us to retrieve text specific to respondent subgroups. Set up a weekly surveillance tracking system to identify CMP patients referred for A/C care to allow timely recruitment of these (index) patients and two carefully matched CMP control patients. Coordinate telephone or online assessments for index and comparison patients upon recruitment (baseline; prior to A/C care) and at 1-, 3-, 6-, and 12-month follow-ups. Compare outcomes (clinical and psychosocial/QOL/satisfaction outcomes and health care utilization) and explore health care costs between those receiving A/C and comparison patients not receiving such services, examining relationships between patient characteristics and decisions to use A/C. Conduct comparative and sensitivity analyses between results using methods that rely solely on EMR-derived data (Phase 1) with those supplemented by patient and provider data (Phase 3). Index participants (i.e., those with an incident A/C referral, n = 200 acupuncture and 200 chiropractic) and matched comparison participants in this prospective portion of the study must meet the overall CMP eligibility criteria listed in Table 1 and be able to read and respond to assessment questionnaires. Both index and comparison patients must have had no A/C treatment over the previous six months to ensure that we are prospectively following a new episode of A/C care. We purposefully minimized exclusion criteria to ensure that study findings are as broadly representative of the CMP population as possible. Health plan members will be recruited over a two-year period through a weekly EMR review to identify CMP patients referred for A/C. Those referred for A/C will be mailed an invitation to the study, including a brochure and letter describing the study, and indicating that a staff member will call soon to tell them more about the study. There will also be a study website where prospective participants can log on to learn more about the study and eligibility or opt out if they so choose. Eligible participants will be guided through the consent process and baseline assessments by an interviewer or online, according to their preferences. To recruit comparison cases for each participant in our cohort of A/C users, we will identify CMP-patient matches using the clustering/matching approach determined from Phase 1 and refined based on Phase 2 findings. As with Phase 1, participants must have a primary care visit within one month of the index patients' A/C referral so that we know that an opportunity for A/C referral existed. When an index patient enrolls online, the matching process is triggered: those matches will be located, mailed the same informational materials, and invited to enroll online. We will recruit two or more comparison participants for every index participant. A greater number of comparison participants allows a buffer of comparison participants in the event that some report A/C use during the assessment window. The assessment schedule for standardized questionnaires and delineation of EMR-collected outcomes are shown in Table 5. Patient-reported outcomes are measured in a time frame (1-12 months) consistent with many RCTs and other outcome studies of A/C [19, 80, 81]. Assessment instruments and domains are consistent with the Initiative on Methods, Measurement, and Pain Assessment in Clinical Trials (IMMPACT) recommendations [82, 83]. In addition, we include variables representing patient factors influencing the decision to use CAM (Figure 1 plus others identified in Phase 2) to help refine matches of those who do and do not seek A/C. Two subscales--the 4-item pain severity and the 7-item pain interference subscales--from the short form of the Brief Pain Inventory (BPI-SF)[84, 85] will be used to assess pain and related disability. The BPI has sound psychometrics and has been widely adopted for clinical pain assessment, epidemiological studies, and studies of treatment efficacy. We will also include a measure of how bothered participants are by their pain. This instrument uses a 0 to 10 scale of "symptom bothersomeness, " where 0 represents "not at all bothersome" and 10 is "extremely bothersome." This question has been frequently used in studies of back pain [18, 19, 86] and shown to have adequate construct validity . Global assessment of change. The Patient Global Impression of Change scale (PGIC ) will be used to evaluate participants' overall evaluation of the impact of their A/C treatment. Work-related impairment. Three questions about work/disability status and missed work due to CMP will be adapted from the National Health Information Survey (NHIS) . Depression severity. Using the Personal Health Questionnaire (PHQ-8) [90, 91], we will measure depression severity. The PHQ-8 is established as a valid screener and severity measure for depressive disorders in large clinical studies [90, 92–94]. Baseline depression will also be examined as a possible moderator of outcome. Anxiety. The 2-item Generalized Anxiety Disorder Scale (GAD-2) [95, 96] will be used to screen for anxiety disorders. The GAD-2 has been used to detect anxiety disorders in primary care and has well established psychometric properties. Baseline GAD-2 scores will also be examined as another possible moderator of outcome. Quality of life/health utility. The SF Health Survey (SF-12v2) will be used to measure quality of life. The SF12 is a widely used and well-validated generic measure of functioning that is a recommended IMMPACT measure for examining functioning (this will also be used as a health utility measure) . Patient satisfaction. Finally, participant satisfaction with services provided by the health plan (allopathic providers) (0 = worst health care possible, 10 = best health care possible) will be assessed as well as satisfaction with A/C provider when pertinent . We will also use the practitioner skill subscale from a self-report outcome measure designed for assessing CAM treatments [99, 100]. These EMR-based outcome measures were listed in Table 4 as they also form the basis for our Phase 1 outcome analyses. Patient characteristics and potential moderators include factors that may influence decisions to use CAM (see Figure 1) or that have been found to moderate pain-related outcomes [102–104]. These factors might then be used as additional baseline matching variables or covariates to maximize comparability between index- and matched comparison-participants included in the analyses. Demographics include age, gender, race/ethnicity, education, marital status, employment status, income, and income source. Administrative records will identify participants seeking or receiving worker's compensation or other disability payments for their CMP. This will be augmented by a single-item question about disability status of participants on the questionnaire. We will assess general preventive behavior [105, 106] by collecting data on self-management behaviors including physical activity practices. In addition, we will assess participants' general expectations of CMP improvement, improvements with A/C treatment [27, 31], and how helpful a variety of CAM services and practices (provider- and self-directed) may be . We will measure other characteristics of the participant's pain condition, including age of onset, perceived etiology of CMP, and type(s) of current CMP. Finally, we will collect data on use of other CAM services/products, including any CAM treatment visits not referred through the health plan (e.g., chiropractic and acupuncture, massage therapists, naturopaths) as well as CAM-related self-care practices (e.g., yoga, meditation, tai chi) and products (e.g., dietary supplements). Allopathic provider characteristics and factors associated with A/C referrals including questions describing general provider characteristics (i.e., gender, specialty type, professional degree, years in practice, and training/expertise in CMP) and A/C referral attitudes, as well as an EMR-based variable reflecting the inclination for a given provider to refer for A/C services (referral rate per CMP patients on panel). A/C provider characteristics and treatment patterns include questions adapted from the A/C-visit data forms developed by Sherman and colleagues and refined during our Phase 2 interviews with the CAM providers. We also have access to data collected by the health plan on CAM-referred services patients receive (e.g., number of sessions; assigned diagnostic, procedure, and treatment [CPT] codes. For the patient-reported outcomes in Phase 3, we will examine differences in baseline measures between participants with and without data at the 1-, 3-, 6-, and 12-month follow-ups. Variables related to missingness will be included in the main analyses as covariates to reduce bias in the estimates [109, 110]. We will use multilevel modeling to examine differences across time in primary (pain intensity/interference/bothersomeness) and secondary patient-reported outcomes between A/C users and matched comparison participants. Two parameters (linear and quadratic slope) will characterize change across time, with linear slope capturing initial rate of change and quadratic slope reflecting the degree to which the change slowed (or increased) over time. Thus, the quadratic model for time (baseline and 1-, 3-, 6-, and 12-month follow-ups) captures nonlinear change across time. Unlike repeated measures analysis of variance, multilevel modeling does not require data at all time points from each subject, so data from all subjects will be included in analyses. Depending upon the distribution, normal, logistic, or Poisson models will be used. Importantly, these analyses can be adjusted using additional information collected from participants during the baseline assessment that we may identify in Phase 2 as influencing A/C decision-making. This will better control for factors not available during comparison patient identification when only EMR data will be available for matching/clustering. To examine total health care utilization across 12 months, the analysis issues laid out for Phase 1 continue to apply. Using the MCG as the unit of analysis, the conventional statistical methods from Phase 1 continuous measures will be assessed by one-sample location tests and discrete outcomes will be assessed by binomial methods or by ordinal multinomial methods in the case of multiple outcomes. Like Phase 1, MCG characteristics in the Phase 3 sample will be related to A/C effects using the models described above. Implementing the same analytic strategy here as in Phase 1 (i.e., using EMR data alone), we will be able to test directly for the contribution provided by the additional prospective information on patient-and-provider characteristics (e.g., pain severity, self-care behaviors, provider attitudes to A/C referral). We will do so by including patient-supplied variables at the patient level in the analytic model and then introducing random-effects terms for the MCGs to account for within-MCG correlation. Health plan costs are one of our secondary outcomes, as we are interested in how total health plan costs differed between A/C users and nonusers. Costs will be estimated by applying internal unit costs developed and tested in previous studies [111, 112] to the HMO patient-level utilization measures, with the final cost variables acting as proxies for HMO resource cost. We are interested in the effect of patient-level factors--in particular, patients' use (or not) of A/C services on health care costs. Admittedly, the challenges of analyzing typical cost data are well known and significant; these include 1) having a large proportion of non-users (i.e., zero costs); 2) the fact that non-zero costs are usually right-skewed; and 3) heteroscedasticity. Assuming these challenges exist in our study cost data, we will tackle them by exploring transformation models and generalized linear models (GLM). Transformation models convert skewed cost data using a transformation (e.g., log-normal) to a better-behaved distribution (i.e., one more normal and symmetric, homoscedastic, less skewed, promoting more efficient estimation). A complication of transformations is possible re-transformation bias in switching from the transformed scale to the original dollar-based scale. GLM avoids re-transformation bias but can be highly imprecise if the residual pattern is misspecified. We will explore both model forms to determine the most accurate and descriptive approach for our study data. Cost analyses will be performed in STATA version 11. We based our Phase 3 sample size determination on the BPI short form severity (BPI-S) and interference (BPI-I) subscales. Although these outcome measures are highly recommended for pain studies , it is difficult to find the appropriate statistics reported in the literature, that are required for design purposes. We have relied on the findings from the SCAMP intervention [113, 114] and Tan's and colleagues' validation study of the use of the BPI for chronic nonmalignant pain , who reported SD = 2 (approximately) for both the severity and interference subscales of the BPI in large samples of patients with nonmalignant pain. Changes on the order of 1-3 points have been cited as being relatively common and within the range of change found in the SCAMP intervention [113, 114]. Collectively, these sources suggest that an attainable and clinically meaningful effect size would be 0.50, which translates into a difference between mean changes of 1 unit (absolute). For 100 patients in each of two groups, assuming a 0.5 correlation between pre- and post-measurements, using a conventional two-sample t-test with a two-sided significance level of 0.025 (to allow for two tests), the power would be slightly over 90% to detect a 1 unit treatment effect. The analysis we intend to use would be more efficient, because it would adjust for baseline BPI values, but we might also want to include explanatory factors into the analysis, which might decrease efficiency. Consequently, we propose group sizes of 200, for a total of 1, 200 - that is a total of 200 participants each for those receiving acupuncture and chiropractic services as well as two matched comparison CMP participants for each of these index participants for a total sample size of 1, 200. Table 6 shows sample and effect sizes for a number of recent studies of related pain conditions utilizing related measures as well as anticipated effect size estimates for the current study. While these comparative clinical trials may have possibly produced greater effect sizes than we will observe in this observational study, our proposed group size is substantially larger than those reported for each of these studies. To estimate available numbers of CMP patients who may receive A/C care for the Phase 3 prospective cohort study, we examined the number of health plan referrals for A/C care during a recent three-year period. Referral patterns for A/C among health plan members with CMP (see Figure 3) are fairly stable, with an average of 330 acupuncture and 303 chiropractic referrals monthly; therefore, we should have an adequate recruitment pool (estimate of 15, 192 A/C referrals with CMP over the two-year recruitment period) to meet the target enrollment for this phase of the study. Health Plan Patients with Chronic Musculoskeletal Pain (CMP) Receiving New* Acupuncture and or Chiropractic Care (A/C) Referral. Written consent will be obtained from each participant in Phases 2 and 3 and from those completing the out-of-plan A/C survey in Phase 1. For the data-only portion of Phase 1, health plan members' contracts with the HMO provide consent for use of their data in HMO-sponsored research studies. This study protocol was approved by the institutional review boards (IRB) of Kaiser Permanente Northwest, University of Arizona, and Oregon Health and Science University. This study protocol is registered with http://www.clinicaltrials.gov (NCT01345409). We expect that successful completion of this study will provide an evaluation of the outcomes--from the perspectives of patients, providers, and health services utilization--associated with the real-world use of A/C services. By comparing the results of the EMR-only analyses with the more comprehensive results available in Phase 3, we will be able to identify the strengths and weaknesses of EMR-alone analyses and potentially identify the most critical additional data needed. We further anticipate that the trio of EMR-based analyses, qualitative assessment, and prospective cohort studies will provide a clearer understanding of the decision-making processes behind the use of A/C for CMP; these will also provide a transportable methodology that can be applied to other health care settings, CAM treatments, and clinical populations. With regard to advancing our understanding of patients' use of CAM in everyday practice settings, much CAM research to date has focused narrowly on "early adopters" (those likely to use CAM services regardless of barriers ). Yet within our cohort, cost and access barriers are substantially reduced, allowing us to study other factors (see Figure 1) influencing A/C care receipt and outcomes and to develop a comprehensive characterization of A/C use patterns and outcomes in patients with increasing access to such CAM services. An important goal of this study is to clarify how CMP patients use A/C compared to conventional care (to augment or replace it), when and why patients disclose A/C use to allopathic providers, and how such practices may vary by patient characteristics. Our mixed methods approach will help us develop a better understanding of the process behind the decision to initiate (patients), recommend (allopathic providers), and continue (patients and providers) A/C care for the treatment of CMP. Finally, studying this in everyday treatment settings allows us to consider the range of services received in A/C care (e.g., needling or spinal manipulation vs. whole systems-based care) and variation by characteristics of the CMP patient and/or A/C provider. In addition to advancing our understanding of real world A/C practices and their impact on CMP, this study affords us the opportunity to build upon the increasingly available EMR systems to conduct research that may be more broadly adopted to better understand the real world interplay of conventional medicine and A/C services. Using EMRs exclusively may limit information on important variables (covariates) on which to match or cluster like patients. However, by augmenting data sets through direct reports by providers and patients regarding important decision-making factors suggested by qualitative findings, we may substantially reduce potential confounding in comparing those who do and do not receive A/C treatment. Thus, we can identify whether widely available data in EMR and administrative systems can be used to adequately forecast patients' outcomes and evaluate the extent to which supplementation from additional patient- and provider-collected information is a necessary adjunct to EMR-based data analysis. Finally, our MCG-focused methodology gives us a unique opportunity to conduct patient-centered research; that is, to identify like groups based upon actual individual patient care characteristics rather than hypothetical group averages. A typical RCT may not include enough participants to form homogeneous clusters for separate evaluation, yet an EMR database of a large clinical population like the CMP sample described here does include sufficient numbers of patients with similar characteristics and disease severity to form clinically meaningful clusters as the basis of the analyses. Accordingly, this research may allow us to address the clinical question as follows: for whom does supplementary CAM care result in clinically significant improvements in pain severity and overall functioning? Our planned MCG methodology will allow us to identify the characteristics of CMP patients for whom A/C may have the greatest impact on satisfaction, functioning, clinical, and QOL outcomes; it will also clarify whether the timing of services relative to conventional care and the course of the CMP affects such outcomes. The authors gratefully acknowledge funding support for this study from the National Institutes of Health, National Center for Complementary and Alternative Medicine Grant (R01 AT005896). In addition at the time this article was prepared, co-author, John Dickerson, was funded in part from a training grant from the Agency for Healthcare Research and Quality (T32HS013853). We thank Dana Foley for her helpful comments on previous versions of this article. Richard Hammerschlag and Mitch Haas provided important feedback on study design. In addition, Chris Catlin, Stephanie Hertert, Gail Morgan, Matt Hornbrook, Maureen O'Keefe-Rosetti, Lin Neighbors, and Lisa Fox have all contributed invaluable support for the early phases of the study. All authors contributed to the design of this study protocol. All authors read and approved the final manuscript.

2019-04-22T02:05:27Z

https://bmccomplementalternmed.biomedcentral.com/articles/10.1186/1472-6882-11-118

In contrast to Ag-specific αβ T cells, γδ T cells can kill malignantly transformed cells in a manner that does not require the recognition of tumor-specific Ags. Although such observations have contributed to the emerging view that γδ T cells provide protective innate immunosurveillance against certain malignancies, particularly those of epithelial origin, they also provide a rationale for developing novel clinical approaches to exploit the innate antitumor properties of γδ T cells for the treatment of cancer. Using TRAMP, a transgenic mouse model of prostate cancer, proof-of-concept studies were performed to first establish that γδ T cells can indeed provide protective immunosurveillance against spontaneously arising mouse prostate cancer. TRAMP mice, which predictably develop prostate adenocarcinoma, were backcrossed with γδ T cell-deficient mice (TCRδ−/− mice) yielding TRAMP × TCRδ−/− mice, a proportion of which developed more extensive disease compared with control TRAMP mice. By extension, these findings were then used as a rationale for developing an adoptive immunotherapy model for treating prostate cancer. Using TRAMP-C2 cells derived from TRAMP mice (C57BL/6 genetic background), disease was first established in otherwise healthy wild-type C57BL/6 mice. In models of localized and disseminated disease, tumor-bearing mice treated i.v. with supraphysiological numbers of syngeneic γδ T cells (C57BL/6-derived) developed measurably less disease compared with untreated mice. Disease-bearing mice treated i.v. with γδ T cells also displayed superior survival compared with untreated mice. These findings provide a biological rationale for clinical trials designed to adoptively transfer ex vivo expanded autologous γδ T cells for the treatment of prostate cancer. The view that cellular immune responses might be exploited for the treatment of cancer is not new. Interestingly, to date, the majority of studies in this regard have focused primarily upon adaptive cellular immune responses mediated primarily by tumor Ag-specific αβ CTL. However, despite major advances in the field, clinical approaches that rely upon the generation of highly specific adaptive cellular immune responses directed against tumor-associated or tumor-specific Ags have only been modestly successful. With this result in mind, particularly in the context of developing and testing new cell-based cancer therapies, it becomes important to consider and explore tumor Ag-independent (innate) cellular immune responses mediated by such cells as NK cells and γδ T cells. Unlike αβ T cells, which recognize specific peptide Ags presented by MHC molecules, γδ T cells in contrast can recognize generic Ags, which are physiologically expressed by stressed cells, including cells that have undergone malignant transformation. Indeed, cancerous cells are now known to display a number of stress-induced Ags (e.g., MICA/MICB in humans; Rae-1 in mice) that although neither tumor-specific nor tumor-derived per se, can nonetheless serve as recognition determinants for human and mouse γδ T cells (1, 2, 3, 4, 5, 6). Although a functional homology between mouse and human γδ T cells has yet to be firmly established in this specific regard, the complementary study of both mouse and human γδ T cells has yielded important insight into how γδ T cells recognize and kill malignantly transformed cells in vitro and in vivo. For example, as expertly reviewed by Girardi (5) and Kabelitz et al. (6), it is now evident that both mouse and human γδ T cells use various pairings of specific TCRγδ chains, often in combination with key coreceptors such as NKG2D, to interact with determinants commonly expressed on tumor cells that are susceptible to γδ T cell-mediated killing. Indeed, it is this ability of both mouse and human γδ T cells to recognize and kill cancer cells of various histological subtypes in a tumor Ag-independent manner that has contributed to the emerging view that γδ T cells provide protective immunosurveillance against cancer. This view is supported by the findings that mice lacking γδ T cells are more susceptible to the development of chemically induced cutaneous tumors and are likewise less able to resist challenges with tumorigenic melanoma or squamous cell carcinoma cell lines (7, 8, 9). In this report, we begin with proof-of-concept studies that both confirm and extend these important initial findings of others (7, 8, 9). In this study, we demonstrate for the first time that γδ T cells are indeed capable of providing protective immunosurveillance against a spontaneously arising noncutaneous solid tumor of epithelial origin, in this instance, mouse prostate cancer. For these studies, transgenic mice that spontaneously develop prostate cancer were bred with γδ T cell-deficient mice, which allowed for observation of tumor development occurring in the absence of γδ T cells. Findings from these initial proof-of-concept studies were then used as the rationale for performing subsequent studies to conversely examine how the adoptive transfer of supraphysiological numbers of syngeneic γδ T cells might be used to treat tumors established in otherwise healthy mice. The model of transgenic adenocarcinoma of the mouse prostate (TRAMP) was chosen for these studies because it is a model of spontaneously arising mouse prostate cancer that mimics human disease (10, 11, 12, 13). As disease that develops in TRAMP mice histologically resembles human disease with pathology ranging from noncancerous prostatic intraepithelial neoplasia to aggressive adenocarcinoma of the prostate (10, 11, 12, 13), the TRAMP model has been widely adopted for use in a variety of studies designed to assess novel therapies directed against prostate cancer (14, 15, 16, 17). Accordingly, we have adopted this model to first assess the extent to which the absence of γδ T cells might be permissive for the development or progression of spontaneously arising mouse prostate cancer. Extending from these studies, immunotherapy studies were then performed by first establishing disease in healthy wild-type C57BL/6 mice using TRAMP-C2 cells, a syngeneic mouse prostate cancer cell line originally derived from TRAMP mice (C57BL/6 genetic background) (18). Disease-bearing mice were then treated with supraphysiological numbers of ex vivo expanded syngeneic (C57BL/6-derived) γδ T cells, thus approximating a clinical situation in which a tumor-bearing patient might be treated with supraphysiological numbers of ex vivo expanded autologous γδ T cells. Given the recognized capacity of γδ T cells to innately kill malignant cells, efforts are now actively underway to develop the means to exploit the antitumor properties of γδ T cells for clinical purposes (6, 19). Although it remains to be determined specifically how this exploitation might best be accomplished, two general approaches are currently being taken in this regard. One approach includes strategies primarily designed to activate or expand endogenous γδ T cells in vivo, for example through the clinical administration of pharmacological agents such as the aminobisphosphonates pamidronate (Aredia) or zoledronate (Zometa). Though commonly used to prevent skeletal fractures in cancer patients, these drugs have recently been found to cause the in vivo activation or expansion of human γδ T cells, particularly when administered in conjunction with IL-2 (20, 21). Importantly, recently published results from a phase I clinical trial strongly support the view that such activated γδ T cells found in zoledronate-treated patients contribute either directly or indirectly to the clinical responses observed in patients with hormone-refractory prostate cancer (22). Alternatively, the innate antitumor properties of human γδ T cells might also be exploited through the adoptive transfer of γδ T cells first expanded ex vivo, then subsequently reinfused into tumor-bearing patients. Though such approaches are far less well developed given the difficulty in generating a sufficient number of γδ T cells, recent advances by our group and other researchers have now made possible the efficient large-scale ex vivo expansion of human γδ T cells that importantly retain potent innate antitumor activity against a variety of human cancer cell lines in vitro (23, 24, 25, 26, 27). Thus, irrespective of the methods used for the ex vivo expansion or activation of γδ T cells, it is now feasible to propose clinical trials designed explicitly to assess the therapeutic effectiveness of administering a large number of γδ T cells to patients with cancer. With this reasoning in mind, our specific findings derived using the TRAMP model of mouse prostate cancer are presented in this study to be considered in the broader context of developing new strategies for treating human prostate cancer, or other common human cancers of epithelial origin, through the adoptive transfer of ex vivo expanded autologous γδ T cells. C57BL/6 wild-type mice; C57BL/6 TRAMP mice (C57BL/6-Tg(TRAMP) 8247Ng/J); C57BL/6 TCRδ-deficient (TCRδ−/−) mice (B6.129P2-Tcrdtm1Mom/J); C57BL/6 TCRβ-deficient (TCRβ−/−) mice (B6.129P2-Tcrbtm1Mom/J); and C57BL/6 GFP mice (C57BL/6-Tg(UBC-GFP)30Scha/J) were purchased from The Jackson Laboratory. All mice were maintained in pathogen-free facilities in accordance with guidelines of the Animal Care and Use Committee at The University of Alabama at Birmingham (Birmingham, AL). To obtain TRAMP mice on a TCRδ−/− background, TRAMP mice and TCRδ−/− mice were first interbred. Tail DNA isolated by standard procedures was used for genotyping of mice by PCR using the following specific primers: TCRδ 5′-CAA ATg TTg CTT gTC Tgg Tg-3′ and 5′-gTC AgT CgA gTg CAC AgT TT-3′; and TRAMP 5′-CAg AgC AgA ATT gTg gAg Tgg-3′ and 5′-ggA CAA ACC ACA ACT AgA ATg CAg Tg-3′. Offspring carrying the TRAMP transgene that were found to be heterozygous for TCRδ (TCRδ−/+) were then backcrossed with homozygous TCRδ−/− mice. Male offspring expressing the TRAMP transgene but lacking γδ T cells were then identified for further study. Absence of γδ T cells in male TRAMP × TCRδ−/− was further confirmed by FACS of peripheral blood. Upon sacrifice, GU tracts were removed en bloc, weighed, then fixed in formalin. Digital photographs of gross specimens were taken using a Nikon CoolPix 5700 digital camera. Formalin-fixed specimens were subsequently embedded in paraffin and stained with H&E as previously described (16). Prostate lesions were then scored blindly by an experienced pathologist using a 1–6 scale established for TRAMP mice (16). TRAMP-C2 cells were provided by Dr. N. Greenberg (Fred Hutchinson Cancer Research Center, Seattle, WA) and were also purchased from American Type Culture Collection. Cells were maintained as described (18). γδ T cells used for adoptive transfer studies were obtained from spleen cells derived from C57BL/6 mice lacking αβ T cells (TCRβ−/− mice) as described (28). Spleen mononuclear cells were isolated by density gradient centrifugation (800 × g, 15 min) using Ficoll-Paque Plus (Amersham Biosciences). Cells were cultured in a manner similar to methods developed for expanding human γδ T cells (23), but using mouse cytokines and reagents as indicated. Spleen cell cultures were initiated at a density of 5 × 106 cells/ml in RPMI 1640 with 10% FBS, 2 mmol/L l-glutamine, 100 U/ml penicillin, 100 U/ml streptomycin, and 50 μM 2-ME. On the day of culture initiation (day 0), cells were transferred to tissue culture wells first coated with rat anti-mouse CD2 mAb clone RM2-5 (BD Biosciences). Recombinant mouse IFN-γ (1000 U/ml; R&D Systems) and recombinant mouse IL-12 (10 U/ml; R&D Systems) were then added. After 24 h (day 1), three volumes of fresh culture medium was added. Cultures were then stimulated with 10 ng/ml anti-CD3 mAb clone 145-2C11 (BD Biosciences) and 300 U/ml mouse recombinant IL-2 (R&D Systems). Fresh medium with 10 U/ml human IL-2 (Roche Diagnostics) was added every 3 days. At day 8, cells were harvested. Purity of γδ T cells was assessed using a FACSCalibur flow cytometer (BD Biosciences) employing directly conjugated hamster anti-mouse Abs CD3-allophycocyanin, 145-2C11, TCRγδ-FITC, or GL3 (all BD Biosciences). Cell viability was determined by FACS or by fluorescent microscopy as described (23). γδ T cells derived from C57BL/6 mice lacking αβ T cells (TCRβ−/− mice) as well as control αβ T cells (derived from TCRδ−/− mice) were prepared identically, as described. These cells were then used as effector cells against 51Cr-labeled mouse TRAMP-C2 target cells in standard 4-h in vitro 51Cr release cytotoxicity assays, as described (23). As previously described (24), the calcium dependency of γδ T cell-mediated cytotoxicity was assessed by adding EGTA and MgCl2 to cell cocultures at 1 and 1.5 mM, respectively. To restore killing, 3 mM CaCl2 was added in culture with EGTA. Mice lacking αβ T cells (TCRβ−/− mice) and mice transgenic for GFP were first interbred. After backcrossing, offspring expressing GFP but lacking αβ T cells were identified by FACS analysis of peripheral blood. Spleen mononuclear cell preparations derived from these mice were then cultured as described, yielding GFP+ γδ T cells that were used for subsequent adoptive transfer studies. FACS analysis and fluorescence microscopy were used to confirm that resulting cultured cells were GFP+ γδ T cells. TRAMP-C2 cells were used to establish tumors in healthy syngeneic C57BL/6 male mice. On experimental day 0, tumor cells (3 × 106 cells suspended in 200 μl of DMEM) were injected s.c. into a flank of each mouse. On experimental days 14, 19, 21, 26, and 28, ex vivo expanded syngeneic (C57BL/6) γδ T cells (20 × 106 cells suspended in 400 μl of RPMI 1640) were administered i.v. by tail vein injection into tumor-bearing animals. Control animals received only RPMI 1640. As described (29), tumor measurements were converted to a calculated tumor weight (in milligrams) using the formula (width (mm2) × length (mm))/2. TRAMP-C2 cells were used to establish tumors in wild-type male C57BL/6 mice. Five weeks after tumor establishment, syngeneic GFP+ γδ T cells (100 × 106 cells suspended in 400 μl of RPMI 1640) were introduced by tail vein injection. After 8 days, mice were sacrificed. Upon sacrifice, tumors were excised then rinsed with PBS. Normal muscle tissue was excised from the opposite hind leg of the same treated animal. Whole fresh tumor specimens or whole muscle sections were examined directly using a Nikon Eclipse TE 2000-U inverted fluorescence microscope fit with a CoolSNAPES digital camera (Photometrics). Digital photos shown are at a magnification of ×100 and are presented as pseudocolor images derived using IPLab image processing software (version 3.9.2/Mac OS X; Scanalytics). Tumors were removed at necropsy from mice that had previously received i.v. GFP+ γδ T cells. Whole fresh tumors were mechanically disaggregated using a HandiChopper Plus food chopper (Black & Decker). Dead cells and debris were removed by density centrifugation (800 × g, 15 min) using Ficoll-Paque Plus. Interface cells were resuspended in Hanks’ buffer (containing 3% FBS) then incubated with Abs to mouse CD3 and TCRγδ. Using multicolor FACS, GFP+ cells were electronically gated then analyzed with respect to CD3 and TCRγδ surface staining. Peripheral blood samples taken from animals before sacrifice were treated with ACK lysis buffer before staining and analysis. Disseminated pulmonary metastatic disease was established in mice as has been described (30). On experimental day 0, TRAMP-C2 cells (6 × 105 cells suspended in 400 μl of DMEM) were introduced by tail vein injection into healthy male C57BL/6 mice. Treated mice received 20 × 106 γδ T cells (suspended in RPMI 1640) by tail vein injection on experimental days 4, 8, and 11, whereas control mice received RPMI 1640 only. Assessment of pulmonary metastases in treated and untreated mice was performed, as described (30) with the following modifications. At necropsy, lungs from each animal were removed en bloc, weighed then fixed in formalin for subsequent analysis. Photographs of gross specimens were taken using a Nikon Coolpix 5700 digital camera. Formalin-fixed lungs were sectioned sagittally (superior to inferior) then embedded in paraffin for H&E staining. Digital images of lung sections were produced using a Nikon Coolscan V ED scanner using Nikon Scan 4.0 software. Morphometric analysis of lung section photomicrographs was performed using ImageJ software (version 1.37v) from W. Rasband (National Institutes of Health, Bethesda, MD) (http://rsb.info.nih.gov/ij/). Tumor involvement of lung sections was determined by expressing the area of lung parenchyma involved with tumor (dark blue) as a percentage of total lung parenchyma. The median GU tract to body weight ratio of TRAMP mice and TRAMP × TCRδ−/− mice was compared using the Kruskal-Wallis test, whereas mean ratio was compared by t test. Pathological scores of prostate lesions occurring in TRAMP mice and TRAMP × TCRδ−/− mice were compared using Fisher’s one-sided exact test. The relationship between GU tract to body weight ratio and pathological score in TRAMP mice was examined using a one-way ANOVA. The analysis of GU tract to body weight ratio by pathological score in TRAMP × TCRδ−/− mice was examined using ANOVA with Duncan’s Multiple Range Test (tested at 5% level) used to control for pairwise comparisons. In immunotherapy studies, mean tumor size in treated and untreated mice was compared using the Student’s t test. Median lung weight of treated and untreated mice and tumor involvement of lung parenchyma in treated and untreated mice were compared using the Kruskal-Wallis test. Kaplan-Meier survival curves of treated and untreated mice were compared according to the Mantel-Haenszel log-rank test. As reported, male TRAMP mice spontaneously develop prostate adenocarcinomas in a predictable manner with disease developing in 100% of male mice with a relatively short latency period (10, 11, 12, 13). Accordingly, these mice were used in initial proof-of-concept studies designed to establish the extent to which mouse γδ T cells are involved in providing protective immunosurveillance against spontaneously arising mouse prostate cancer. To accomplish this study, TRAMP mice were backcrossed with mice lacking γδ T cells. Images of the GU tracts obtained from mice sacrificed during performance of one of our earliest pilot studies are shown in Fig. 1⇓A. The GU tracts of a male wild-type mouse, a TRAMP mouse, and a TRAMP × TCRδ−/− mouse are grossly compared. Given that these initial pilot studies were performed using only a small number of mice, subsequent more extensive studies were then performed to follow up and confirm these highly suggestive findings. Results from these larger studies are shown in Fig. 1⇓B. In this experiment, in accordance with convention, assessment of tumor burden in each mouse is presented graphically as the GU tract weight normalized to body weight (i.e., GU tract weight to body weight ratio). In comparing tumor burdens of TRAMP mice vs TRAMP × TCRδ−/− mice, the mean tumor burden (6.8 vs 10.5, respectively; p = 0.06, strong trend) as well as median tumor burden (7.0 vs 7.6, respectively; p = 0.11) were found to differ, though these differences did not reach statistical significance. Nevertheless, descriptive comparison of these data importantly reveals that only TRAMP × TCRδ−/− mice developed very large tumor burdens, arbitrarily defined as a tumor burden at least double the median tumor burden of the group. Thus, whereas four TRAMP × TCRδ−/− mice developed large tumor burdens (2-, 3.4-, 3.7-, and 5-fold greater than the median tumor burden of all TRAMP × TCRδ−/− mice), in contrast no TRAMP mice developed correspondingly large tumor burdens. Indeed, the largest tumor burden observed in any TRAMP mouse measured only 1.5-fold greater than the median tumor burden of the TRAMP mice group. In addition to the normalized GU tract weight to body weight ratio shown in Fig. 1⇓B, tumor burdens are also presented in this experiment as actual GU tract weights (mean ± SD) of all groups of mice: BL/6 wild-type mice (1.1 ± 0.3 g); BL/6 TCRδ−/− mice (0.9 ± 0.2 g); TRAMP mice (2.3 ± 0.7 g); and TRAMP × TCRδ−/− mice (3.9 ± 3.7 g). In comparing GU tract weights of TRAMP mice and TRAMP × TCRδ−/− mice, the value of p = 0.06 is indicating a strong trend. Importantly, at the time of sacrifice, no significant differences were observed in whole body weights when comparing control TRAMP mice (mean body weight, 36 ± 5 g) and experimental TRAMP × TCRδ−/− mice (mean body weight, 36 ± 4 g). This latter point indicates that differences in the normalized GU tract weight to body weight ratio shown in Fig. 1⇓B are reflections of differences in tumor burden (GU tract weight) and not simply reflections of variations in whole body weight between mice. Gross comparison of the GU tracts of wild-type mice, TRAMP mice, and TRAMP mice lacking γδ T cells (TRAMP × TCRδ−/− mice). A, GU tracts from male mice were removed at necropsy and photographed. A representative initial experiment shows the en bloc resected GU tracts (bladder, seminal vesicles, epididymis, prostate, and testes, excluding the kidney and ureter) removed from a 7-mo-old wild-type mouse (BL/6 wild-type) (left), a 7-mo-old TRAMP mouse (center), and a 5-mo-old TRAMP × TCRδ−/− mouse (TRAMP δ−/−) (right). B, As a measure of tumor burden, GU tract weight was determined at necropsy and expressed as a percentage of total body weight for each mouse. Data are shown for control wild-type mice (BL/6 wild type) (n = 12), control TCRδ−/− mice on the C57BL/6 background (BL/6 δ−/−) (n = 11), TRAMP mice (n = 20), and TRAMP × TCRδ−/− mice (TRAMP δ−/−) (n = 22) with the mean ± SD and median (with range) for each genotype shown. Animals in this representative experiment were pooled from cohorts of mice sacrificed at 6.5 or 7 mo of age. In accordance with our Institutional Animal Care and Use Committee guidelines, animals were sacrificed when grossly massive tumors began to become evident. Thus, to allow for meaningful comparison between experimental and control animals within a cohort, all mice within a given cohort were sacrificed when it became necessary to sacrifice any mouse within the same cohort. Importantly, mice that developed large bulky tumors requiring euthanization of a cohort were invariably TRAMP × TCRδ−/− mice and never TRAMP mice. Histological sections of the GU tracts resected from TRAMP mice and TRAMP × TCRδ−/− mice were analyzed and scored using an established grading system (16). As shown in Fig. 2⇓A, whereas 5 of 22 TRAMP × TCRδ−/− mice (23%) developed high-grade disease (adenocarcinoma, grade 6), in comparison, only 1 of 20 TRAMP mice (5%) developed high-grade disease. Revealingly, by plotting tumor size (GU tract weight to body weight ratio) against the corresponding tumor grade (pathological score) for each individual mouse, TRAMP × TCRδ−/− mice (Fig. 2⇓B, right) appear not only more likely to develop high-grade (grade 6) tumors, but that when high-grade tumors do develop, tumor growth is less well contained (larger tumor burden). In contrast, TRAMP mice (Fig. 2⇓B, left) appear not only less likely to develop high-grade tumors, but that when high-grade tumors do develop, tumor growth is relatively contained (smaller tumor burden). For these studies, a score of 6 was used as the cutoff for statistical analysis based upon accepted conventions in the TRAMP model literature in which this score is the highest grade lesion developing in TRAMP mice. In numerous chemoprevention studies, the ability of compounds to inhibit prostate cancer progression is assessed by the capacity of such compounds to retard the development lesions of score 6 in TRAMP mice. Accordingly, for these current studies, we reasoned that if an experimental condition (in this case, the absence of γδ T cells) is statistically shown to enhance the development of large, high-grade (score 6) tumors, then we would be justified in concluding that γδ T cells play a role in inhibiting either the development or progression of prostate cancer in TRAMP mice. Collectively, we thus interpret the data from Figs. 1⇑ and 2⇓ to indicate that γδ T cells do indeed play a role in providing protective immunosurveillance against spontaneously arising mouse prostate cancer. Tumors developing in TRAMP × TCRδ−/− mice are more likely to be high-grade and larger when compared with tumors developing in TRAMP mice. A, After weighing, GU tracts were fixed in formalin then embedded in paraffin. Sections of prostate glands were cut from paraffin blocks and stained with H&E for examination by microscopy. Prostate lesions were scored blindly by an experienced pathologist using a 1–6 scale that has been established for TRAMP mice. Noncancerous lesions were graded as 1 (normal tissue); 2 (low prostatic intraepithelial neoplasia); or 3 (high prostatic intraepithelial neoplasia). Cancerous lesions (adenocarcinomas) were graded as 4 (well-differentiated); 5 (moderately differentiated); or 6 (poorly differentiated). Representative photomicrographs are shown at the same magnification. No animal in either group was scored grade 2. The number (and percentage) of TRAMP mice and TRAMP × TCRδ−/− mice with the corresponding grade is shown. †, p = 0.057 (suggesting a trend) by Fisher’s one-sided exact test comparing the number of TRAMP and TRAMP × TCRδ−/− mice with grade 6 scores. B, GU tract weight to body weight ratio plotted against the corresponding pathological score for each TRAMP mouse and each TRAMP × TCRδ−/− mouse. In TRAMP mice (left), the GU tract weight to body weight ratio shows no relationship to pathological score by one-way ANOVA (p = 0.15). In TRAMP × TCRδ−/− mice (right), the GU tract weight to body weight ratio in animals with a grade 6 pathological score is significantly greater than the GU tract weight to body weight ratio of mice with less than grade 6 pathological scores (p = 0.0006 by ANOVA with Duncan’s Multiple Range Test comparing all pairwise differences, at 5% level). With the described proof-of-concept findings in mind, we conversely designed the following series of experiments to determine whether the adoptive transfer of supraphysiological numbers of γδ T cells might result in enhanced innate antitumor immune responses directed against established disease in tumor-bearing mice (adoptive cellular immunotherapy model). For these studies, disease was first established by the s.c. injection of TRAMP-C2 cells into the flanks of otherwise healthy wild-type male C57BL/6 mice, as previously described (18). Tumor-bearing mice were then treated i.v. with highly purified (Fig. 3⇓A) syngeneic (C57BL/6 origin) γδ T cells that were shown to be cytolytic in vitro against TRAMP-C2 cells (Fig. 3⇓B). In addition, Fig. 3⇓C shows that the lysis of TRAMP-C2 cells by purified ex vivo expanded γδ T cells is calcium-dependent, indicating that the perforin-granzyme pathway and not the Fas-Fas ligand pathway is primarily involved. In vitro cytolytic activity of expanded spleen-derived γδ T cells demonstrated against TRAMP-C2 cells. A, γδ T cells used for adoptive transfer studies were obtained by in vitro expansion of spleen cells derived from C57BL/6 mice lacking αβ T cells (TCRβ−/− mice) using a modified version of a previously published method (28 ). FACS analysis performed on cultures after 1 wk shows that >95% of viable cells in these cultures are γδ T cells. B, γδ T cells used for adoptive transfer studies were routinely found to be cytolytic in vitro against TRAMP-C2 cells, whereas control αβ T cells expanded in an identical manner were not. TRAMP-C2 cells were labeled with 51Cr then cocultured in vitro with effector γδ T cells (•) or control αβ T cells (○) at the indicated E:T ratios. The percentage of specific target cell lysis as mean ± SD of triplicate determinations is shown in a representative in vitro cytotoxicity assay. C, The in vitro lysis of TRAMP-C2 cells by highly purified ex vivo expanded γδ T cells is calcium-dependent, indicating that the perforin-granzyme pathway and not the Fas-Fas ligand pathway is primarily involved. 51Cr-labeled TRAMP-C2 cells were cocultured with effector γδ T cells in the presence (+) or absence (−) of EGTA. Specific lysis of TRAMP-C2 cells occurring when cocultured with effector γδ T cells under standard control conditions (a); when cocultured with effector γδ T cells under conditions in which Ca2+ is depleted by the addition of EGTA (b); and when cocultured with effector γδ T cells in the presence of EGTA but after the addition (replacement) of Ca2+ (c). Addition of EGTA has no effect on target cell 51Cr release (d). The percentage of specific target cell lysis is expressed as a mean ± SD of triplicate determinations. All E:T ratios are 10:1. A representative immunotherapy study is shown in Fig. 4⇓A in which tumor size measured serially in each individual treated and control mouse is shown. Fig. 4⇓B compares the mean tumor size of both groups. These results indicate that the growth of tumors established using mouse prostate cancer cells can be moderated by the i.v. introduction of supraphysiological numbers of ex vivo expanded syngeneic γδ T cells. Importantly, during the course of these adoptive immunotherapy studies, no untoward side effects were observed in mice receiving repeated i.v. infusions of ex vivo expanded syngeneic γδ T cells. Adoptively transferred syngeneic γδ T cells moderate the growth of established mouse prostate cancer cells in vivo. A, Serial measurement of tumor size in treated and untreated mice. TRAMP-C2 cells previously derived from tumors arising in TRAMP mice (C57BL/6 origin) were used to establish s.c. tumors in healthy syngeneic wild-type C57BL/6 mice. Fourteen days after tumorigenic cells were implanted, animals were randomly assigned to either the control group (untreated, left) or to the treatment group (treated, right). Animals in the treated group received syngeneic C57BL/6 γδ T cells (20 × 106 cells per treatment) administered i.v. by tail vein injection on experimental days 14, 19, 21, 26, and 28. Tumor size was serially determined and is shown for each individual mouse in both groups. B, Mean tumor size ± SD (in milligrams) is shown on corresponding experimental days 14, 21, 26, 33, 40, and 47 for both the treated group (n = 7) (▪) and the untreated group (n = 7) (□). Values for p were calculated using Student’s t test comparing the mean tumor size of the treated and untreated groups on the indicated days. NS, Not significant. To demonstrate that adoptively transferred γδ T cells can subsequently be detected within the tumors of host mice, the following studies were performed. As discussed, TRAMP-C2 cells were used to establish s.c. tumors in healthy male C57BL/6 mice. However in these adoptive transfer studies, syngeneic γδ T cells expressing GFP were introduced i.v. into tumor-bearing mice. Subsequently, samples of tumor, normal tissue, and blood were obtained and analyzed by fluorescence microscopy or FACS. As shown in Fig. 5⇓A, GFP+ γδ T cells are readily detectable within tumor tissues removed from treated animals, but are not readily detectable in nontumor tissues from the same animal. These findings suggest that adoptively transferred γδ T cells are preferentially localizing to tumors. FACS analysis (Fig. 5⇓B) confirms that the majority of GFP+ cells found in tumor tissue resected from treated mice are indeed γδ T cells. The i.v. administered GFP+ γδ T cells localize to established s.c. tumors as demonstrated by direct imaging and by FACS. A, TRAMP-C2 s.c. tumors were first established in wild-type C57BL/6 mice. After 35 days, 100 × 106 GFP+ γδ T cells were administered i.v. by tail vein injection into tumor-bearing mice that were subsequently sacrificed 8 days later. Immediately upon sacrifice, tumors were excised then rinsed with PBS. Freshly excised tumors were then imaged using an inverted fluorescence microscope using the appropriate filters for the visualization of GFP. Representative digital images show a tumor resected from an animal treated i.v. with GFP+ γδ T cells (left), normal muscle resected from the same animal (center), and a tumor resected from a mouse that received no GFP+ γδ T cells (right), included as a control for nonspecific autofluorescence. Images are shown at ×100 magnification. In addition (data not shown), in normal healthy mice (i.e., mice without tumors) receiving GFP+ γδ T cells, although occasional GFP+ events could be directly observed, we failed to detect by microscopy the gross accumulation of GFP+ γδ T cells within various normal tissues including muscle, skin, brain, GU tract, intestine, and lungs. Although some GFP+ γδ T cells were also evident in spleen and lymph nodes, no gross accumulations were noted in these tissues as well. B, TRAMP-C2 tumors were removed at necropsy from mice that had received GFP+ γδ T cells i.v. 8 days before. After mechanical disaggregation followed by density centrifugation to remove debris, cell suspensions were stained with Abs specific for mouse CD3 and TCRγδ, then analyzed by FACS. GFP+ cells were first identified (left) then analyzed with respect to CD3 and TCRγδ surface staining (right) where the percentage of GFP+ cells that are γδ T cells is shown (upper right quadrant). C, TRAMP-C2 tumors (top) were removed at necropsy from mice that had received GFP+ γδ T cells i.v. 8 days before. After disaggregation and centrifugation, cell suspensions were stained with Abs allowing for the identification of γδ T cells (left). These cells were then analyzed for the expression of GFP (right) where the percentage of tumor-infiltrating γδ T cells of donor origin (GFP+) is shown. Peripheral blood (bottom) taken from the same animal at necropsy was similarly analyzed for the percentage of peripheral blood γδ T cells of donor origin (GFP+). As shown in the FACS analysis strategy used in both the blood and the tumor cell preparations, acquired data were first plotted as TCRγδ PE-positive events by side scatter (left). This analysis was performed to allow the identical electronic amorphous gate to be used to identify γδ T cells in both tumor tissues (top) and blood (bottom), thus assuring consistency in subsequent comparative analysis of γδ T cells. When represented as forward scatter by side scatter plots, blood cell preparations demonstrated the characteristic forward scatter by side scatter profile of ACK-lysed blood (data not shown). In addition, the proportion of γδ T cells of donor origin (GFP+) was determined in both tumor tissue and blood obtained simultaneously from treated tumor-bearing mice. In this representative study (Fig. 5⇑C), over 70% of γδ T cells within tumor tissue were found to be of donor origin (GFP+), compared with only 17% in peripheral blood. These data suggest that the GFP+ γδ T cells detected within tumor tissues are not simply contaminating peripheral blood-derived cells, but rather that these GFP+ cells are adoptively transferred γδ T cells, which have localized to tumor tissues. Although these studies (Fig. 5⇑) establish neither the mechanisms involved in homing nor the mechanisms by which adoptively transferred γδ T cells actually moderate tumor growth, these findings nevertheless demonstrate that adoptively transferred γδ T cells can infiltrate established tumors and that this infiltration may be important for these cells to subsequently exert their therapeutic antitumor effects in vivo. The immunotherapeutic potential of γδ T cells was additionally demonstrated using a model of metastatic disease. In this experiment, the ability of adoptively transferred γδ T cells to moderate the growth or progression of widespread disease was assessed by first introducing TRAMP-C2 cells i.v. into healthy male C57BL/6 mice, as has been previously described (30). Mice were then treated i.v. with syngeneic γδ T cells. Upon sacrifice, both by gross appearance (Fig. 6⇓A) and by assessment of lung weight (Fig. 6⇓B), treated mice were found to have lower tumor burdens compared with control, untreated mice. Histological analysis of formalin-fixed lung sections (Fig. 6⇓C) as well as morphometric analysis of these sections (Fig. 6⇓D) confirm that lungs removed from untreated mice were more heavily infiltrated with tumor cells compared with treated mice. Finally, although these particular studies were not designed as survival studies, Kaplan-Meier analysis of pooled cohorts of treated and untreated mice reveals that mice receiving γδ T cells displayed superior survival compared with untreated controls (Fig. 6⇓E). Mice treated with adoptively transferred syngeneic γδ T cells develop less extensive disseminated pulmonary disease and also appear to display superior survival compared with untreated animals. Widespread systemic disease was first established in healthy male C57BL/6 mice by the i.v. injection of 6 × 105 TRAMP-C2 cells on experimental day 0. Mice were then randomly assigned to a treatment group or a control group. On days 4, 8, and 11, treated mice received γδ T cells by tail vein injection, whereas control mice received medium alone. Mice were monitored for systemic signs of progressive disease and were all sacrificed on day 66. At necropsy, lungs from each animal were removed en bloc, weighed, and fixed in formalin for subsequent analysis. A, Representative photographic images comparing gross lung size and visible tumor nodules of formalin-fixed lungs removed from treated mice (left) and untreated mice (right). Scale size is shown in centimeters. B, For this experiment, the weight of freshly resected lungs was used as a quantitative measure of tumor burden. In this representative cohort, four mice in the untreated group died before the termination of the study and could not be included for pathologic or histologic analysis. Median lung weight (in milligrams) and range are shown for treated mice (n = 13) and untreated mice (n = 11). p = 0.0005 using the Kruskal-Wallis test. C, Formalin-fixed lungs were sectioned sagittally (superior to inferior) then embedded in paraffin for routine H&E staining. Representative low-power photomicrographic images of lung sections from treated mice (left) and untreated mice (right) are shown. D, Fixed and stained lung sections were analyzed using ImageJ morphometric software. Tumor involvement of lung sections was determined by expressing the area of lung parenchyma involved with tumor (dark blue) as a percentage of total lung parenchyma. Median tumor involvement (percentage) and range are shown for treated mice (n = 13) and untreated mice (n = 11). p = 0.0004 using the Kruskal-Wallis test. E, Comparison of survival of treated and untreated animals used in the experimental model of metastatic disease. Life tables (left) and Kaplan-Meier survival curves (right) of the pooled cohorts of mice collectively comparing treated mice (n = 26) to untreated control mice (n = 29). Data are censored at day 66. p = 0.002 according to the Mantel-Haenszel log-rank test comparing treated to untreated mice. The studies undertaken in this report were performed with two distinct yet logically related objectives in mind. Our first objective was to directly test the hypothesis that γδ T cells play a role in limiting the development or progression of spontaneously arising mouse prostate cancer (proof-of-concept studies) (Figs. 1⇑ and 2⇑). Our second objective was to test a specific prediction of this hypothesis, a prediction that asserts that if γδ T cells do indeed provide protective immunosurveillance against mouse prostate cancer, then introducing supraphysiological numbers of syngeneic γδ T cells into tumor-bearing mice would result in measurable control of established disease (adoptive immunotherapy studies) (Figs. 3–6⇑⇑⇑⇑). By breeding TRAMP mice with mice lacking γδ T cells, the opportunity is afforded to observe the development or progression of prostate cancer as it occurs in the specific absence of γδ T cells. Although potentially an important approach to directly assess whether γδ T cells play a role in limiting tumor development or progression, we nonetheless remained mindful of some of the limitations of this study or any study designed to assess immune responses directed against tumors arising in transgenic animals. First, in a general sense, it should be noted that even in fully immunocompetent TRAMP mice, disease development and progression can vary substantially between individual animals (10, 11, 12, 13). Second, in a more specific sense, it should be noted that in the TRAMP model, spontaneously arising tumors that develop in male TRAMP mice are known to express simian virus SV40 oncoproteins, which in this model are authentic tumor Ags that in theory could elicit strong protective adaptive antitumor responses by Ag-specific αβ T cells (10, 11, 12, 13). Importantly, however, it is now recognized that strong tolerance to SV40 Ags commonly develops in otherwise immunocompetent TRAMP mice. This development appears to occur through a variety of mechanisms, including possibly the clonal deletion of SV40-specific αβ T cells (31, 32). Accordingly, we believe that it is the fortuitous absence of a strong, protective adaptive SV40-specific immune response that ultimately permits us to detect the subtly enhanced tumor development occurring in some TRAMP × TCRδ−/− mice, as evidenced by our ability to observe a strong statistical trend (p = 0.06) for larger tumor burdens in TRAMP × TCRδ−/− mice (Fig. 1⇑B) as well as the strong statistical trend (p = 0.057) for greater numbers of TRAMP × TCRδ−/− mice developing high-grade disease as compared with immunocompetent TRAMP mice (Fig. 2⇑A). The observation that large, high-grade tumors develop in only some but not all TRAMP × TCRδ−/− mice strongly suggests that γδ T cells are providing protective immunosurveillance in a partially redundant, or possibly cooperative manner with other discrete elements of the innate or adaptive immune response. We surmise that γδ T cells may be cooperating with NK cells or with αβ T cells, including possibly SV40-specific αβ T cells that have remained functional. In the final analysis though, protective antitumor immunosurveillance that γδ T cells might provide in TRAMP mice is not absolute, given that eventually 100% of male TRAMP mice develop prostate cancer (10, 11, 12, 13). For this reason, as well as the limitations discussed, we feel that our proof-of-concept studies though important, ultimately serve best as logical support for the subsequent adoptive immunotherapy research presented in the balance of this study. Although current standard treatments for prostate cancer are usually effective at achieving initial disease control, prostate cancer often recurs. Moreover, salvage therapy for recurrent disease, or therapy for prostate cancer presenting initially as widespread metastatic disease, is often only modestly effective. Clearly, entirely new forms of therapy for recurrent or metastatic prostate cancer are needed. Although cell-based immunotherapies have been developed in this regard, the vast majority of studies have relied upon the generation of tumor Ag-specific adaptive immune responses (33, 34, 35, 36). These approaches, however, have been largely unsuccessful owing primarily to 1) the difficulties encountered in identifying tumor Ags that are truly prostate cancer-specific, and 2) the well-documented ability of prostate cancer cells to specifically evade adaptive immune responses through a variety of mechanisms, including the down-regulation of MHC class I molecules (33, 37, 38, 39). The ability of innately functioning γδ T cells to provide an alternative or complementary means to recognize and kill tumor cells, particularly those that have escaped Ag-specific, MHC-restricted adaptive immune responses, makes the development of γδ T cell-based cellular therapies particularly attractive in this regard (5, 40). By injecting otherwise healthy mice with a predetermined number of tumorigenic TRAMP-C2 prostate cancer cells, we have developed a model to quantitatively determine the extent to which the i.v. introduction of syngeneic γδ T cells can subsequently moderate the growth of disease (Figs. 4⇑ and 6⇑). The use of TRAMP-C2 cells in this model is important for several reasons. First, by specifically using the syngeneic TRAMP-C2 prostate cancer cell line to establish disease in otherwise healthy wild-type C57BL/6 mice, this process has allowed us by extension to approximate a clinical situation whereby a patient with prostate cancer is treated with a supraphysiological number of autologous γδ T cells. With this particular point in mind, it is important to note that in all studies, disease-bearing animals that received ex vivo expanded syngeneic γδ T cells tolerated repeated injections very well without any observed untoward side effects. Second, unlike primary tumors cells that develop in TRAMP mice, TRAMP-C2 cells do not express SV40 oncoproteins either in vitro, or subsequently in vivo upon transfer into otherwise healthy mice (18). Consequently, we believe that the confounding effects of adaptive immune responses directed against TRAMP-C2-derived tumors are potentially minimized, which is supported in part by our finding that in vitro, TRAMP-C2 cells are readily killed by γδ T cells but not by control αβ T cells (Fig. 3⇑B). As shown in Fig. 4⇑, i.v. administered syngeneic γδ T cells are capable of moderating the growth of palpable, established s.c. TRAMP-C2-derived tumors. That antitumor efficacy is so clearly evident against grossly palpable disease would strongly suggest that adoptively transferred γδ T cells would also be effective against minimal residual disease, such as microscopic disease that might persist after surgical resection or radiation therapy. Related to this point is the observation that adoptively transferred syngeneic γδ T cells are also effective against nonbulky but nevertheless, widespread disseminated disease (Fig. 6⇑). Thus, we would argue that the adjuvant delivery of γδ T cells would be a logical strategy to develop as a means to prevent local treatment failure or to prevent the development of widespread metastatic disease, particularly if given at a time when metastatic disease is only microscopically present. Biologically, it is likely that s.c. implanted tumors derived using TRAMP-C2 cells may not necessarily be comparable to tumors that develop spontaneously in TRAMP mice. Indeed, we originally wished to examine the ability of adoptively transferred γδ T cells to prevent the development of spontaneous disease in TRAMP mice. However, this approach was rejected on account that in TRAMP mice, both the latency period for disease development and the natural history of disease progression once disease develops can be quite variable from mouse to mouse (10, 11, 12, 13), thus making the interpretation of any immunotherapy studies extremely difficult. In contrast, by using the s.c. disease model, we were able to establish predetermined tumor burdens in otherwise healthy mice and then initiate therapy after a predetermined interval, allowing for more accurate measure of the immunotherapeutic effects of adoptively transferred γδ T cells against tumor cells (Fig. 4⇑). Although choosing to use the s.c. model represents somewhat of a compromise, importantly the robust immunotherapy data generated using the metastatic disease model (Fig. 6⇑) strongly corroborate the findings generated using the s.c. disease model. Interestingly in some respects, the metastatic model can be thought of as mimicking the advanced stages of disease found in TRAMP mice in which the development of widespread metastatic disease is not uncommon. Ultimately, we take these findings (Figs. 4⇑ and 6⇑) to support the view that adoptively transferred γδ T cells can mediate potent antitumor activity against mouse prostate cancer cells, irrespective of where or how disease might be established. Despite the strong theoretical promise and growing interest in γδ T cell-based immunotherapies, it still remains to be determined how best to exploit γδ T cells for the treatment of prostate cancer or any human malignant disease. Two distinct approaches are currently being developed in this regard (6, 19, 20, 21, 22, 23, 27, 41). One approach is based upon the in vivo activation or expansion of endogenous γδ T cells present within patients through the clinical administration of pharmacologic agents capable of stimulating γδ T cells. The second approach is based upon the adoptive transfer of γδ T cells first expanded ex vivo, then infused into tumor-bearing patients, as approximated in our current studies undertaken using the TRAMP mouse model. Clearly, although both approaches are rational and will likely lead to important advances in cancer treatment, from a conjectural point of view, we believe that the latter approach has several advantages that merit discussion. First, in adopting the latter approach it becomes possible to prospectively identify and consequently, selectively administer, specific γδ T cell subsets deemed more likely to be clinically effective against tumor cells. For example, using state-of-the-art cell separation technologies, γδ T cell subsets within ex vivo expanded cultures could be selectively enriched on the basis of specific phenotypic features found, or postulated, to be associated with more potent antitumor activity. Specific γδ T cell subsets could in theory be selected on the basis of defined criteria, including activation profile (determined by surface markers such as CD45 and CD27), unique patterns of cytokine production, expression of specific homing receptors, and other criteria. Studies in mice specifically addressing this point are ongoing in our laboratory. Second, in adopting the latter approach it becomes possible to experimentally track γδ T cells after administration, an important correlative tool for use in future clinical trials. Thus, in a manner analogous to our animal studies using GFP-marked γδ T cells for tracking (Fig. 5⇑), in human clinical trials it will be possible to first radiolabel ex vivo expanded γδ T cells with isotopes such as 111In or 99mTc, then track these γδ T cells to sites of disease using various clinical imaging techniques. Third, the latter approach makes possible the ex vivo expansion of γδ T cells derived from healthy donors and not just patients. Though beyond the scope of this discussion, the introduction of tumor-reactive allogeneic (donor-derived) γδ T cells might become feasible in the setting of newer, nonmyeloablative allogeneic hematopoietic stem cell transplants (42) in which donor-derived γδ T cells could be delivered as a posttransplant donor lymphocyte infusion as is commonly done after immunological tolerance is established. This option may become especially important given our observation (manuscripts in preparation) and the observation of others (43) that numeric and functional deficits appear to exist within the γδ T cell compartment of patients newly diagnosed with even the earliest-stage malignancies. In conclusion, it is important to acknowledge that our adoptive immunotherapy results presented in this study were not designed to establish the mechanisms involved in the homing of adoptively transferred γδ T cells to sites of disease. Indeed, as these studies were performed using unfractionated, ex vivo expanded spleen-derived γδ T cells, they do not address the possibility that distinct subsets of γδ T cells might be relatively more (or less) efficient at homing to specific tissues where disease is established. In addition, these studies were not designed to directly establish the mechanisms by which adoptively transferred γδ T cells recognize and kill tumor cells in vivo, though it is unlikely that in this model, adoptively transferred γδ T cells are recognizing and killing tumor cells through mechanisms other than those already known (1, 2, 3, 4, 5, 6, 7). Nevertheless, despite these shortcomings, these studies are important demonstrations that the adoptive transfer of unfractionated, ex vivo expanded syngeneic γδ T cells is an effective and well-tolerated form of treatment for murine prostate cancer. Accordingly, these findings provide a strong biological rationale for the design of the corresponding studies in human disease, particularly now that the means exist to generate the larger numbers of γδ T cells required for such studies (23, 27). We thank Dr. Larry Lamb for thoughtful review of this manuscript. ↵1 This work is supported in part by a Congressionally Directed Medical Research Programs Award DAMD17-03-1-0265 from the U.S. Department of Defense. ↵3 Abbreviation used in this paper: GU, genitourinary. Groh, V., A. Steinle, S. Bauer, T. Spies. 1998. Recognition of stress-induced MHC molecules by intestinal epithelial γδ T cells. Science 279: 1737-1740. Groh, V., R. Rhinehart, H. Secrist, S. Bauer, K. H. Grabstein, T. Spies. 1999. Broad tumor-associated expression and recognition by tumor-derived γδ T cells of MICA and MICB. Proc. Natl. Acad. Sci. USA 96: 6879-6884. Cerwenka, A., A. B. Bakker, T. McClanahan, J. Wagner, J. Wu, J. H. Phillips, L. L. Lanier. 2000. Retinoic acid early inducible genes define a ligand family for the activating NKG2D receptor in mice. Immunity 12: 721-727. Girardi, M., A. C. Hayday. 2005. Immunosurveillance by γδ T cells: focus on the murine system. Chem. Immunol. Allergy 86: 136-150. Girardi, M.. 2006. Immunosurveillance and immunoregulation by γδ T cells. J. Invest. Dermatol. 126: 25-31. Kabelitz, D., D. Wesch, W. He. 2007. Perspectives of γδ T cells in tumor immunology. Cancer Res. 67: 5-8. Girardi, M., D. E. Oppenheim, C. R. Steele, J. M. Lewis, E. Glusac, R. Filler, P. Hobby, B. Sutton, R. E. Tigelaar, A. C. Hayday. 2001. Regulation of cutaneous malignancy by γδ T cells. Science 294: 605-609. Girardi, M., E. Glusac, R. B. Filler, S. J. Roberts, I. Propperova, J. Lewis, R. E. Tigelaar, A. C. Hayday. 2003. The distinct contributions of murine T cell receptor (TCR)γδ+ and TCRαβ+ T cells to different stages of chemically induced skin cancer. J. Exp. Med. 198: 747-755. Gao, Y., W. Yang, M. Pan, E. Scully, M. Girardi, L. H. Augenlicht, J. Craft, Z. Yin. 2003. γδ T cells provide an early source of interferon γ in tumor immunity. J. Exp. Med. 198: 433-442. Greenberg, N., F. DeMayo, M. Finegold, D. Medina, W. Tilley, J. Aspinall, G. Cunha, A. Donjacour, R. Matusik, J. Rosen. 1995. Prostate cancer in a transgenic mouse. Proc. Natl. Acad. Sci. USA 92: 3439-3443. Gingrich, J. R., R. J. Barrios, R. A. Morton, B. F. Boyce, F. J. DeMayo, M. J. Finegold, R. Angelopoulou, J. M. Rosen, N. M. Greenberg. 1996. Metastatic prostate cancer in a transgenic mouse. Cancer Res. 56: 4096-4102. Gingrich, J. R., N. M. Greenberg. 1996. A transgenic mouse prostate cancer model. Toxicologic Pathol. 24: 502-504. Gingrich, J. R., R. J. Barrios, M. W. Kattan, H. S. Nahm, M. J. Finegold, N. M. Greenberg. 1997. Androgen-independent prostate cancer progression in the TRAMP model. Cancer Res. 57: 4687-4691. Gupta, S., N. Ahmad, S. R. Marengo, G. T. MacLennan, N. M. Greenberg, H. Mukhtar. 2000. Chemoprevention of prostate carcinogenesis by α-difluoromethylornithine in TRAMP mice. Cancer Res. 60: 5125-5133. Hurwitz, A. A., B. A. Foster, E. D. Kwon, T. Truong, E. M. Choi, N. M. Greenberg, M. B. Burg, J. P. Allison. 2000. Combination immunotherapy of primary prostate cancer in a transgenic mouse model using CTLA-4 blockade. Cancer Res. 60: 2444-2448. Mentor-Marcel, R., C. A. Lamartiniere, I. E. Eltoum, N. M. Greenberg, A. Elgavish. 2001. Genistein in the diet reduces the incidence of poorly differentiated prostatic adenocarcinoma in transgenic mice (TRAMP). Cancer Res. 61: 6777-6782. Huss, W. J., R. J. Barrios, N. M. Greenberg. 2003. SU5416 selectively impairs angiogenesis to induce prostate cancer-specific apoptosis. Mol. Cancer Ther. 2: 611-616. Foster, B., J. Gingrich, E. Kwon, C. Madias, N. Greenberg. 1997. Characterization of prostatic epithelial cell lines derived from transgenic adenocarcinoma of the mouse prostate (TRAMP) model. Cancer Res. 57: 3325-3330. Bonneville, M., E. Scotet. 2006. Human Vγ9Vδ2 T cells: promising new leads for immunotherapy of infections and tumors. Curr. Opin. Immunol. 18: 539-546. Wilhelm, M., V. Kunzmann, S. Eckstein, P. Reimer, F. Weissinger, T. Ruediger, H. P. Tony. 2003. γδ T cells for immune therapy of patients with lymphoid malignancies. Blood 102: 200-206. Dieli, F., N. Gebbia, F. Poccia, N. Caccamo, C. Montesano, F. Fulfaro, C. Arcara, M. R. Valerio, S. Meraviglia, C. Di Sano, et al 2003. Induction of γδ T-lymphocyte effector functions by bisphosphonate zoledronic acid in cancer patients in vivo. Blood 102: 2310-2311. Dieli, F., D. Vermijlen, F. Fulfaro, N. Caccamo, S. Meraviglia, G. Cicero, A. Roberts, S. Buccheri, M. D’Asaro, N. Gebbia, et al 2007. Targeting human γδ T cells with zoledronate and interleukin-2 for immunotherapy of hormone-refractory prostate cancer. Cancer Res. 67: 7450-7457. Lopez, R. D., S. Xu, B. Guo, R. S. Negrin, E. K. Waller. 2000. CD2-mediated IL-12-dependent signals render human γδ T cells resistant to mitogen-induced apoptosis, permitting the large-scale ex vivo expansion of functionally distinct lymphocytes: implications for the development of adoptive immunotherapy strategies. Blood 96: 3827-3837. Liu, Z., B. L. Guo, B. C. Gehrs, L. Nan, R. D. Lopez. 2005. Ex vivo expanded human Vγ9/Vδ2 γ/δ T-cells mediate innate antitumor activity against human prostate cancer cells in vitro. J. Urol. 173: 1552-1556. Guo, B. L., Z. Liu, W. A. Aldrich, R. D. Lopez. 2005. Innate anti-breast cancer immunity of apoptosis-resistant human γδ-T cells. Breast Cancer Res. Treat. 93: 169-175. Salot, S., C. Laplace, S. Saiagh, S. Bercegeay, I. Tenaud, A. Cassidanius, F. Romagne, B. Dreno, J. Tiollier. 2007. Large scale expansion of γ9δ2 T lymphocytes: Innacell γδ trade mark cell therapy product. J. Immunol. Methods 326: 63-75. Drobyski, W. R., D. Majewski. 1997. Donor γδ T lymphocytes promote allogeneic engraftment across the major histocompatibility barrier in mice. Blood 89: 1100-1109. Britten, C. D., S. G. Hilsenbeck, S. G. Eckhardt, J. Marty, G. Mangold, J. R. MacDonald, E. K. Rowinsky, D. D. Von Hoff, S. Weitman. 1999. Enhanced antitumor activity of 6-hydroxymethylacylfulvene in combination with irinotecan and 5-fluorouracil in the HT29 human colon tumor xenograft model. Cancer Res. 59: 1049-1053. Zhang, Q., X. Yang, M. Pins, B. Javonovic, T. Kuzel, S. J. Kim, L. V. Parijs, N. M. Greenberg, V. Liu, Y. Guo, C. Lee. 2005. Adoptive transfer of tumor-reactive transforming growth factor-β-insensitive CD8+ T cells: eradication of autologous mouse prostate cancer. Cancer Res. 65: 1761-1769. Zheng, X., J. X. Gao, H. Zhang, T. L. Geiger, Y. Liu, P. Zheng. 2002. Clonal deletion of simian virus 40 large T antigen-specific T cells in the transgenic adenocarcinoma of mouse prostate mice: an important role for clonal deletion in shaping the repertoire of T cells specific for antigens overexpressed in solid tumors. J. Immunol. 169: 4761-4769. Krejci, K. G., M. A. Markiewicz, E. D. Kwon. 2004. Immunotherapy for urological malignancies. J. Urol. 171: 870-876. Rini, B. I., E. J. Small. 2001. Immunotherapy for prostate cancer. Curr. Oncol. Rep. 3: 418-423. Tjoa, B. A., G. P. Murphy. 2000. Progress in active specific immunotherapy of prostate cancer. Semin. Surg. Oncol. 18: 80-87. Peshwa, M. V., J. D. Shi, C. Ruegg, R. Laus, W. C. van Schooten. 1998. Induction of prostate tumor-specific CD8+ cytotoxic T-lymphocytes in vitro using antigen-presenting cells pulsed with prostatic acid phosphatase peptide. Prostate 36: 129-138. Blades, R. A., P. J. Keating, L. J. McWilliam, N. J. George, P. L. Stern. 1995. Loss of HLA class I expression in prostate cancer: implications for immunotherapy. Urology 46: 681-687. Bander, N. H., D. Yao, H. Liu, Y. T. Chen, M. Steiner, W. Zuccaro, P. Moy. 1997. MHC class I and II expression in prostate carcinoma and modulation by interferon-α and -γ. Prostate 33: 233-239. Sanda, M. G., N. P. Restifo, J. C. Walsh, Y. Kawakami, W. G. Nelson, D. M. Pardoll, J. W. Simons. 1995. Molecular characterization of defective antigen processing in human prostate cancer. J. Natl. Cancer Inst. 87: 280-285. Hayday, A. C.. 2000. γδ Cells: a right time and a right place for a conserved third way of protection. Annu. Rev. Immunol. 18: 975-1026. Lopez, R.. 2002. Human γδ-T cells in the adoptive immunotherapy of malignant and infectious diseases. Immunol. Res. 26: 207-221. Deeg, H. J., M. B. Maris, B. L. Scott, E. H. Warren. 2006. Optimization of allogeneic transplant conditioning: not the time for dogma. Leukemia 20: 1701-1705. Argentati, K., F. Re, S. Serresi, M. G. Tucci, B. 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2019-04-24T08:57:45Z

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Vladimir Putin has visited General Shamanov on his hospital bed. Shamanov is suffering from a cerebral concussion, a broken arm and a broken leg. He should be operated on this Monday. Russian TV showed a very sympathetic Putin warmly encouraging Shamanov who spoke to him through an oxygen mask. Putin promised Shamanov that only the very best doctors would treat him. Defense Minister Serdiukov also visited Shamanov, but no footage of their meeting was released. Serdiukov declared that "Paratroopers are tough guys" and that Shamanov will soon re-join the ranks. The C-in-C of the Russian Airborne Forces is the object of a "full-spectrum attack" Remember the crisis which opposed the Russian Airborne Forces to the Minister of Defense Serdiukov (see here, here, here and here)? Well, the counter attack from Serdiukov did not take long and it was really a case of a "full-spectrum" strike. First, a "leak" was published in a Russian tabloid accusing Shamanov of using two Spetsnaz units from the 45th Special Forces Reconnaissance Regiment in Kubinka to defend the interests of Shamanov's son in law, Alexei Khramushin, a well-known "businessman" who currently has an international arrest warrant (for murder) issued against him. Although nothing actually happened that day, a "declassified" (??) recording of what appeared as an intercepted and decrypted telephone conversation between Shamanov and one of his aides was leaked to the Russian tabloid Novaia Gazeta in which Shamanov can be heard ordering 2 Spetsnaz units sent to a business center belonging to Khramushin to prevent an inspection by judicial authorities. When questioned about that, Shamanov answered that this recording had been a clever montage of a real conversation made by individuals with connections to Chechnia. Needless to say, nobody ever wondered about who actually cracked the encrypted conversations of the C-in-C of the Airborne Forces or who leaked the recording to the press. A few days later, the Ministry of Defense issued an official statement accusing Shamanov of acting in a way which does not correspond to his status has "Hero of Russia" (he received this medal after his highly successful campaign in Chechnia). The entourage of General Shamanov then initiated their own investigation into who exactly what behind the so-called "recording" and who gave it to the media. Now, to top if all off, Shamanov has been involved in a very serious car accident in which a truck suddenly crossed the road and slammed into Shamanov's car even though the road was flat and empty at the time of the accident. Shamanov and a colonel traveling with him the the back seat are both alive, but in very heavy but stable condition in a hospital. Shamanov's driver is dead. The driver and passenger of the truck, both citizens of Tajikistan, first attempted to escape away from the place of the accident but where soon arrested. The driver - Dovladsho Elbigiev - now claims that he was trying to avoid some "other vehicle" when he veered straight into Shamanov's car. Unless the Airborne Forces and other parts of the military refuse to keel over and play possum and strike back at those who are now clearly subjecting them to a "full-spectrum" attack. Potentially, the Airborne Forces and the GRU are a powerful force which could push back against the Kremlin and its security forces, but this would require that strong individuals in both institution take charge and decide to act together. The lunatic fringe of the Republican Party, which looks set to make sweeping gains in the midterm elections, is the direct result of a collapse of liberalism. It is the product of bankrupt liberal institutions, including the press, the church, universities, labor unions, the arts and the Democratic Party. The legitimate rage being expressed by disenfranchised workers toward the college-educated liberal elite, who abetted or did nothing to halt the corporate assault on the poor and the working class of the last 30 years, is not misplaced. The liberal class is guilty. The liberal class, which continues to speak in the prim and obsolete language of policies and issues, refused to act. It failed to defend traditional liberal values during the long night of corporate assault in exchange for its position of privilege and comfort in the corporate state. The virulent right-wing backlash we now experience is an expression of the liberal class’ flagrant betrayal of the citizenry. Populations will endure repression from tyrants as long as these rulers continue to effectively manage and wield power. But human history has amply demonstrated that once those in positions of power become redundant and impotent, yet retain the trappings and privileges of power, they are swiftly and brutally discarded. Tocqueville observed that the French, on the eve of their revolution, hated the aristocrats about to lose their power far more than they had ever hated them before. The increased hatred directed at the aristocratic class occurred because as the aristocracy lost real power there was no decline in their fortunes. As long as the liberal class had even limited influence, whether through the press or the legislative process, liberals were tolerated and even respected. But once the liberal class lost all influence it became a class of parasites. The liberal class, like the déclassé French aristocracy, has no real function within the power elite. And the rising right-wing populists, correctly, ask why liberals should be tolerated when their rhetoric bears no relation to reality and their presence has no influence on power. The death of the liberal class, however, is catastrophic for our democracy. It means there is no longer any check to a corporate apparatus designed to further enrich the power elite. It means we cannot halt the plundering of the nation by Wall Street speculators and corporations. An ineffectual liberal class, in short, means there is no hope, however remote, of a correction or a reversal through the political system and electoral politics. The liberals’ disintegration ensures that the frustration and anger among the working and the middle class will find expression in a rejection of traditional liberal institutions and the civilities of a liberal democracy. The very forces that co-opted the liberal class and are responsible for the impoverishment of the state will, ironically, reap benefits from the collapse. These corporate manipulators are busy channeling rage away from the corporate and military forces hollowing out the nation from the inside and are turning that anger toward the weak remnants of liberalism. It does not help our cause that liberals indeed turned their backs on the working and middle class. The corporate state has failed to grasp the vital role the liberal class traditionally plays in sustaining a stable power system. The corporate state, by emasculating the liberal class, has opted for a closed system of polarization, gridlock and political theater in the name of governance. It has ensured a further destruction of state institutions so that government becomes even more ineffectual and despised. The collapse of the constitutional state, presaged by the death of the liberal class, has created a power vacuum that a new class of speculators, war profiteers, gangsters and killers, historically led by charismatic demagogues, will enthusiastically fill. It opens the door to overtly authoritarian and fascist movements. These movements rise to prominence by ridiculing and taunting the liberal class for its weakness, hypocrisy and uselessness. The promises of these proto-fascist movements are fantastic and unrealistic, but their critiques of the liberal class are grounded in truth. The liberal class, despite becoming an object of public scorn, still prefers the choreographed charade. Liberals decry, for example, the refusal of the Democratic Party to restore habeas corpus or halt the looting of the U.S. Treasury on behalf of Wall Street speculators, but continue to support a president who cravenly serves the interests of the corporate state. As long as the charade of democratic participation is played, the liberal class does not have to act. It can maintain its privileged status. It can continue to live in a fictional world where democratic reform and responsible government exist. It can pretend it has a voice and influence in the corridors of power. But the uselessness of the liberal class is not lost on the tens of millions of Americans who suffer the awful indignities of the corporate state. The death of the liberal class cuts citizens off from the mechanisms of power. Liberal institutions such as the church, the press, the university, the Democratic Party, the arts and labor unions once set the parameters for limited self-criticism and small, incremental reforms and offered hope for piecemeal justice and change. The liberal class could decry the excesses of the state, work to mitigate them and champion basic human rights. It posited itself as the conscience of the nation. It permitted the nation, through its appeal to public virtues and the public good, to define itself as being composed of a virtuous and even noble people. The liberal class was permitted a place within a capitalist democracy because it also vigorously discredited radicals within American society who openly defied the excesses of corporate capitalism and who denounced a political system run by and on behalf of corporations. The real enemy of the liberal class has never been Glenn Beck, but Noam Chomsky. The purging and silencing of independent and radical thinkers as well as iconoclasts have robbed the liberal class of vitality. The liberal class has cut itself off from the roots of creative and bold thought, from those forces and thinkers who could have prevented the liberal class from merging completely with the power elite. Liberals exude a tepid idealism utterly divorced from daily life. And this is why every television clip of Barack Obama is so palpably pathetic. Unions, organizations formerly steeped in the doctrine of class warfare and filled with those who sought broad social and political rights for the working class, have been transformed into domesticated junior partners of the capitalist class. Cars rolling out of the Ford and GM plants in Michigan were said to have been made by Ford-UAW. And where unions still exist, they have been reduced to simple bartering tools, if that. The social demands of unions early in the 20th century that gave the working class weekends off, the right to strike, the eight-hour workday and Social Security have been abandoned. Universities, especially in political science and economics departments, parrot the discredited ideology of unregulated capitalism and globalization. They have no new ideas. Artistic expression, along with most religious worship, is largely self-absorbed narcissism meant to entertain without offense. The Democratic Party and the press have become courtiers to the power elite and corporate servants. Once the liberal class can no longer moderate the savage and greedy inclinations of the capitalist class, once, for example, labor unions are reduced to the role of bartering away wage increases and benefits, once public education is gutted and the press no longer gives a voice to the poor and the working class, liberals become as despised as the power elite they serve. The collapse of liberal institutions means those outside the circles of power are trapped, with no recourse, and this is why many Americans are turning in desperation toward idiotic right-wing populists who at least understand the power of hatred as a mobilizing force. The liberal class no longer holds within its ranks those who have the moral autonomy or physical courage to defy the power elite. The rebels, from Chomsky to Sheldon Wolin to Ralph Nader, have been marginalized, shut out of the national debate and expelled from liberal institutions. The liberal class lacks members with the vision and fortitude to challenge dominant free market ideologies. It offers no ideological alternatives. It remains bound to a Democratic Party that has betrayed every basic liberal principle including universal healthcare, an end to our permanent war economy, a robust system of public education, a vigorous defense of civil liberties, job creation, the right to unionize and welfare for the poor. The liberal class is finished. Neither it nor its representatives will provide the leadership or resistance to halt our slide toward despotism. The liberal class prefers comfort and privilege to confrontation. It will not halt the corporate assault or thwart the ascendancy of the corporate state. It will remain intolerant within its ranks of those who do. The liberal class now honors an unwritten quid pro quo, one set in place by Bill Clinton, to cravenly serve corporate interests in exchange for money, access and admittance into the halls of power. The press, the universities, the labor movement, the arts, the church and the Democratic Party, fearful of irrelevance and desperate to retain their positions within the corporate state, will accelerate their purges of those who speak the unspeakable, those who name what cannot be named. It is the gutless and bankrupt liberal class, even more than the bizarre collection of moral and intellectual trolls now running for office, who are our most perfidious opponents. No matter who wins in the midterm elections the painful truth will be that there will be no genuine government reforms. The real question is: Will this ugly reality finally wake up most Americans and compel them to pursue better strategies for fixing the nation? Only one result of the coming midterm elections is assured. No matter who wins and how much power shifts from Democrats to Republicans in Congress there will not be any deep, sorely needed true reforms of our corrupt, dysfunctional and inefficient government. The culture of corruption in Washington, DC will remain. Hundreds of millions of dollars from corporate and other special interests will assure that. Voters who think otherwise are either delusional or stupid. It will not matter whether you vote for Republicans because you want to defeat Democrats (or vice-versa), or whether you vote for Tea Party candidates, or whether you vote against incumbents, or whether you vote for what you believe are lesser-evil candidates. Americans will lose however they vote. That is a terribly painful reality, which is why those who choose to vote will not face the truth. Delusion and stupidity are rampant, like a terrible epidemic that has killed brain cells. Yes, you are thinking that this is the most cynical view possible. But this is what American history tells us. Americans have been brainwashed and tricked into thinking that elections are crucial for maintaining American democracy. That is exactly what the two-party plutocracy needs to maintain their self-serving political system and that is also what the rich and powerful Upper Class wants to preserve their status. In the months following this election, when unemployment and economic pain for all but the rich remain awful, anyone who pays attention and is able to face the truth will see that there is no chance of genuine government reforms. The Republicans will blame the Democrats, the Democrats will blame the Republicans, the Tea Party winners will blame the system, the radio and cable pundits will blabber endlessly, and Jon Stewart and other comics will have an abundance of material to take jabs at. Every member of Congress will, as before, spend most of their time and energy doing what is necessary to win the next election. President Obama, of course, will continue his self-serving rhetoric with the sole goal of winning reelection in 2012. Here is what non-delusional Americans can hope for: Maybe a decent third party presidential candidate will emerge. Maybe the Tea Party movement will wake up to the reality that electing Republicans is a terrible strategy for reforming the government and restoring the health of the nation and shift their interest to forming a third party. Maybe the greatly expanded calls for an Article V convention as the constitutional path to reforms through constitutional amendments will gather more energy (especially from Tea Party people) and finally succeed. Welcome to the good old USA where citizens, unlike those in Europe, do not riot in the streets demanding justice but keep believing in the nonsense that voting for either Republicans or Democrats will work for them and the nation. The speech delivered by Hezbollah Secretary General Sayyed Hassan Nasrallah on the conduct and performance of the International Investigation Committee and the International investigators delivered on Thursday October 28, 2010. In the Name of Allah, The Compassionate, The Most Merciful. Praise be to Allah, The Lord of the World. Peace be on our Master and Prophet – The Seal of Prophets – Mohammad and on his Chaste Household, chosen companions and all prophets and messengers. Though my speech today is related to a special topic which is the conduct and performance of the International Investigation Committee and the international investigators under the General Prosecutor of the Special Tribunal for Lebanon, as a lead-in, I see that it is my duty to mention the dangerous and serious incident that took place in the city of Umm Al-Fahm in Occupied Palestine in the territories occupied since 1948. It is a flagrant brutal aggression against our Palestinian brethrens there which we must view in the general conduct pursued by Netanyahu's cabinet starting with the Nationality Law to the demand of acknowledging Israel as a Jewish state. What took place is neither ordinary nor incidental. It rather comes in a framework that puts the Palestinians living in the territories occupied since 1948 in the cycle of great risk. This must be noticed by all the governments and peoples of the Arab and Islamic world and worldwide so that they assume their responsibilities. The international and Arab silence on this incident and on what is taking place is quite remarkable. What called on me to talk tonight was what took place yesterday when a delegation from the international investigators under the General Prosecutor visited the clinic of a gynecologist in the Southern Suburbs of Beirut (Dahiyeh) and asked the concerned doctor to let them have access to her patients' archives - who are all women - since 2003 up to this day. I will tackle in a while the argument that took place between them and the details of the incident. Well this is what held me today to address you and all audiences and listeners. It is because I believe we have reached a sensitive and very dangerous stage which has to do with our honor and dignity and which calls on all of us to take a different stance. In fact, I did not wish to talk today had it not been for the local and foreign reactions and from high levels which I watched and heard yesterday. Today also there were more reactions whether from the General Prosecutor or the head of the STL or the concerned international parties until reaching the US State Department which condemned with the most forceful terms of condemnation – as it said – what took place in Dahiyeh. Indeed American eyes are blind and American ears are deaf on what is taking place in Palestine and in Umm Al- Fahm – and that was what took place on one day only. No word was said on what took place in Umm Al-Fahm, though the magnitude and circumstances of what took place in Dahiyeh are not to be compared to the magnitude, circumstances and aims of what took place in Umm Al-Fahm. This increased my conviction to carry on and talk tonight. In fact, another thing came to light; the Lebanese judicial authorities regained its vitality. I was amazed by the haste with which the State Prosecutor moved and with astounding promptness he opened an investigation on this case after remaining silent for long years on false witnesses. I thought he opened an investigation to apply the Lebanese laws but I heard that it is against the law. Anyway, the door of jurisprudence is open on whatever is called laws. However, aside from laws, we thought he made haste to defend our dignity and honor. Anyway, this atmosphere affirms that the industrious US attempts – whether through Filtman's visit and the contacts of Mrs. Clinton – aim at ruining all the Saudi-Syrian attempts to preserve this country's integrity and stability. These US attempts are provoked by local and regional political forces which we know very well. Before starting my speech, I would like to tell you that few minutes ago I received some information which I hope is not true. It says that there are great US pressures on the General Prosecutor to hasten in issuing the indictment before its due date in December. Anyway, when you see all these reactions you realize that what took place was not an accidental incident. It rather deserves contemplation and dealing with it as a turning point. What I will present to you and what I will ask from you is a turning point in the track in this issue. However before moving to the sensitive side which has to do with our honor and the gynecologic documents, I would like to reveal the truth to the Lebanese and to all people: Until 5 or 7 minutes before my speech to you, there was a definite statue quo and a truth that was taking place and which I like to acknowledge. As many of the Lebanese, we in Hezbollah used to know the magnitude of security violation made by the international investigation and the international prosecutors of everything in Lebanon since 2005 until this very day. Still we remained silent on that. However indeed we will not remain silent tonight. Until no more than 7 minutes ago we were silent as many of the Lebanese in the country. Was that a right thing to be done or not is another point of discussion. Why did we remain silent? We remained silent so that it won't be said that there are some who want to obstruct the international investigation and block the way before revealing the truth on who assassinated martyr PM Rafiq Hariri. So we remained silent as we tried to observe the national and local sensitivities. We remained silent on all of these violations for years. Still these violations were taking place. I will present to you some quick titles of what the investigation committees demanded when it used to be called investigation committee and before the Special Tribunal was formed and then what was demanded by the General Prosecutor after the STL was formed. I will mention some and not all of the titles because I have a long list. Some of what was demanded by the investigation committee (what it was furnished with as some sides offered data while other sides showed reservation and other sides did not have enough information to offer is another field of research) is known by the Lebanese while some are not known by them. For example, the international investigation asked for the files of the students in the private universities in Lebanon from 2003 to 2006. At least they demanded that from private universities and I do not know if they asked that from public universities. So all the files of university students – whether Lebanese or not – are with them. Henceforth were these files go, I will tell you in a while. All so called communication data in Lebanon since 2003 – phone calls, sms… - whether from MTC, Alfa or Ogero from 2003 till this very day was given to international investigation and is updated regularly. They called for fingerprints from the Passport directorate in the Public Security. All the fingerprints for passports with fingerprints on them were demanded. Argument took place on the issue. They made a settlement and fingerprints for 893 Lebanese persons were submitted. They asked for all the DNA documents available in Lebanon. They asked for all the geographic documents and the Geographic Information System (GIS) in Lebanon. They want all what has to do with the Lebanese geography from the borderlines to the opposite borderlines: mountains, valleys, sensitive points, important points… This has its own world and terminologies. What does it have to do with the assassination of PM Hariri is another point of research? They demanded for statements for the subscribers in Elecricité du Liban. They spared no domain but they had access to it - apart from who gave them information and who did not. This is another point of discussion. For all of this period of time we did not say a word though we knew that such data are much broader from investigating an assassination and though we knew that and especially in the last years the investigators worked at collecting information about Hezbollah much broader than what is linked to accusing a group or groups in the assassination of PM Rafiq Hariri and though we knew that this data reaches western security bodies and Israel. Copies of whatever the international investigators collect are transferred to Israel. Still we remained silent. Anyone in Lebanon and even from among our masses has the right to say we were mistaken or not in that. However I am only depicting what took place up to this moment. Why did we remain silent? We remained silent only and only for having no one saying there are impediments. We know that used to cause much sensitivity in the country. We remained silent to show respect to the family of martyr Hariri, to the movement and to the general atmosphere in the country. For many and various considerations, that was what took place. However, now we reached a point on which I believe we can not tolerate staying silent under whatever political, local or foreign considerations. Never! We can't remain silent for the sake of anyone. Allow me to say here; what has the international investigation to do with gynecologic files for our women? I am hesitant. Shall I speak out or not? However there are details which I will talk about later. Why? What do they need that for? Why do they come and ask for files from a specialist in a clinic which is most frequented by the women, wives and daughters of leaders, cadres and officials in Hezbollah? It is a very active clinic. They asked for the files at least from 2003 till 2010. I asked about the number of files and was told that they are for more than 7000 ladies (not examinations but ladies). So each file is for a woman which includes all examination, re-examinations and details. The doctor argued saying: How come you make this request? These files have their privacy. After argument their demand was limited to 17 files. However the doctor might not have argued them and they might have had access to the archives as what might take place and did take place in other places. Still what do they have to do with these 17 files? What has the investigation to do with having access to gynecologic files for our women, wives, daughters and sisters? I would like to address the Lebanese officials with a question (because I heard some officials making statements in the media). I would like to ask the presidents, ministers, deputies, judges and even all the Lebanese: Who among you accept that anyone has access to the gynecologic file of his wife, mother, sister or daughter? Were they files that have to do with ophthalmology or otolaryngology, it might be acceptable. But when it comes to gynecology, who accepts that? Whoever accepts that in the country let him show up and say we accept and tolerate that and you also must tolerate that too! Let us know who this great honorable person in Lebanon is who can tolerate such an issue with such a magnitude! Everyone in Lebanon and the region know that this can't be tolerated. We can't remain silent on that under whatever condition. If we talked in terms of human norms – with those who are still human beings indeed -, moral norms, traditions, customs and culture as Lebanese, as Arabs and as Easterners, religious considerations whether as Muslims or Christians and moral and religious norms, who accepts – without prior knowledge, consent and permission – that that takes place? Even from legal and judicial perspectives, this is debatable. I did not have time in fact to see if the laws in Lebanon and the judiciary system do not defend our honor. We have deputies in the Parliament. Let's go then and work and call for laws that defend our honor though today I heard more than one side saying that on the legal level this is unacceptable or at least debatable. Brothers and sisters! This scandalous development takes us back to point zero, to all the security violation taking place in Lebanon under the title of international investigation. We would not have wished to reach this but you have led us to this point. You have led us here. Is it still acceptable to remain approving of this violation as Lebanese whether we were in the presidential, governmental or parliamentary posts or in state administrations or as Lebanese people? What is taking place is a violation. The investigation is over. The indictment they say will be issued has been written since 2006. It is the very indictment as was published in Dir Spiegel. Soon you will see. It is the very indictment as was published in Le Figaro. It is written and I have been informed of it no more than a few months ago. I have been informed of it in 2008. Now I will not go more into details not to trouble the country anymore. The issue is over. All the investigations that are taking place are to make use of this cover to collect as much data as possible which will in fact make no difference as far as the investigation is concerned because it was inked with words of oppression, falsification, fabrication and aggression. It has been written already. Is it possible anymore to accept this violation of everything in this country: universities, companies, communication and gynecology? There are doctors – we did not talk about that – who were contacted and who supplied them with scores of names and not only 17 or 20 names. They went themselves with the files with them. I knew of that. Still I told our brethrens: Well let's have patience. This is not a gynecologic file. But when it reaches this limit, we will say no. Allow us! The whole world must allow us before this scandalous development: This is a particular conduct pursued by the international investigators, those behind them, those who support them and those who cover them. What is the responsibility now? First: I call on every official in Lebanon and on every citizen in Lebanon to boycott these investigations and not to cooperate with them. The violation that has taken place already is enough. Because everything that is submitted to them reaches the Israelis and all the data and information and addresses reaches the Israelis, enough with this violation. Second: I would like to say with all love and faithfulness. Let's depict our statue quo. Carrying on cooperating with these will help on one hand in more violation of the country in all domains. On the other hand, it helps in aggressing against the Resistance. Any cooperation from now on with the international investigators will help them in aggressing against the resistance. Third: I call on every official and every citizen in Lebanon from now on to deal with the demands of these investigators pursuant to his conscience, dignity and honor because in the past few weeks it seems that the investigators are running out of time and they want to benefit from the remaining time. Several doctors were threatened. Several persons were threatened by the International Investigation Committee. This is documented. Before whatever threat, I tell the people: You are before a responsibility which has to do with your honor, dignity, nationalism, morals and the fate of this country. Here I am calling on everyone to assume this responsibility. This is an outcry and I want to stop here. Perhaps I had more details to say. One of the professors called and asserted the applications and files of students in all the Lebanese universities – whether private or public – are with them i.e. with the Israelis. So the files of all your sons and daughters who entered the universities in Lebanon are with the Israelis. What does this have to do with the assassination of PM Hariri? Anyway, I will stop here. I call on all officials to assume their responsibilities. I call on all people to deal with the issue according to their honor, dignity and nationalism. It's time this violation of everything in Lebanon is over as it touched our honor – i.e. to the point one can't tolerate and on which one can't remain silent at anytime and not even for one moment. Peace be upon you and Allah's mercy and blessing. Former president Néstor Kirchner has unexpectedly died today of heart failure. He was the first elected president of Argentina after the terrible economical and political crisis that the country suffered in 2001. Kirchner had had some health problems lately: in February he had a surgery for problems in the carotid artery, and in September he had an angioplasty. His doctors recommended him rest, but he kept a very tight agenda: he was a congressman, president of the Justicialist Party (also known as Peronist, Argentina's biggest party) and Secretary General of the Union of South American Nations (Unasur). And, despite not having any formal position in the Executive, headed by his wife Cristina, he is known to be closely involved in it. He began his political career as governor of Santa Cruz province, in Southern Argentina. Barely inhabited, it has a high income per capita, due to oil and gas extraction and a strong fishing industry. Despite of his leftist tendency, in the 90's Kirchner supported former president Carlos Menen (known for his strict neoliberalism) even in the privatization of Argentina's national oil company YPF, which has a strong presence in Santa Cruz. When the economy was beginning to show problems in the late 90's, he transferred the reserves of his province to banks abroad. Despite his affirmation that these funds have already returned to the country after the crisis was overcome, there are claims that part of these were diverted. As a president, his government had two parts, one very good and another quite problematic. Initially he had the merit of further stabilizing the country after a terrible crisis. When he came to office, he managed to reach an agreement with the IMF and creditors over the defaulted national debt, began an economical policy of growth, recovering of industrial sector and low exchange rate to benefit exports. The economy began growing around 10% per year, unemployment drastically lowered, together with poverty, and his popularity soared. But in late 2005 he sacked his Economy Minister Roberto Lavagna, and began a more unorthodox policy of high state expenditures. Inflation began to rise, and the government intervened the statistical institute so not to reveal true inflation data. While most independent economists calculate an inflation of around 30% annually, officially Argentina has an inflation of less than 10% per year. Argentina is the only country in the world with unreliable official economical data: not only inflation, but also GNP growth and poverty level data are also under suspicion. Another merit of him was breaking at last Argentina's "automatic alignment" with the US. Since Menem became president in 1989, Argentina was the strongest ally of the United States in the region, even sending warships to the first Gulf War in 1991. In 2005, in a conference in the Argentinian city of Mar del Plata, Kirchner together with most of South American presidents rejected Bush's proposal for the Free Trade Area of the Americas, effectively burying this project. But then in 2006 he accepted the controversial US and Israeli version of the attack against the Argentine-Israelite Mutual Association in 1994, blaming Hezbollah and Iran for it. Argentina's foreign policy, though not so closely aligned with the US as in the previous decade, continues to be less independent than Venezuela, Bolivia, Ecuador and even Brazil. His wife Cristina was elected in 2007, and followed exactly the same policies. Néstor is considered the true strong figure behind the president. Next year there will be presidential elections in Argentina. The political panorama was already complicated: Kirchner had a decrease in popularity, but he kept strong support in many sectors. And he was surely the most influent person in Front for Victory, the faction of the Justicialist Party currently in power and with the biggest representation in the Congress (though not having absolute majority). After his death, it's completely unpredictable for now what will happen in the next elections. Being also the first head of the recently created Union of South American Nations, his death also affects regional policies and the future political and economical integration of the continent. The Argentine government is receiving condolences from all over the world, specially from countries with similar leftist orientation (both "moderate", as Lula in Brazil and Mujica in Uruguay, and "hard-liners", like Chavez in Venezuela and Correa in Ecuador). The 9-11 Truth Movement has clearly won the fight. The two key facts essential to defeat the official explanation and establish critical need for a new, wider, criminal investigation are the free-fall collapse of three WTC buildings (proving the complete absence of structural resistance) and the presence of thermite in large quantities (as the prime explanation for the absence of structural resistance). These facts have been established irrefutably as a matter of repeatable and verifiable science. It took a high school physics teacher to recognise and then take the necessary steps to prove that the buildings collapsed at a rate approaching gravitational free-fall. He did this using a frame-by-frame analysis measuring the distance fallen between frames and calculating velocity and hence acceleration based on the sampling rate (i.e. the time between frames) of the video. This is probably not publishable work because it’s not new science; it’s really just application of science that’s been established for over 200 years. However, it’s repeatable and verifiable by anyone in possession of the tools and knowledge required to perform the frame-by-frame analysis on the numerous video footage of the collapsing buildings. Indeed, similar work can be seen in many physics textbooks, which use sequences of photographic images of accelerating objects taken at fixed time intervals to illustrate the concepts of acceleration and velocity. Thermite is a mixture of substances based on Aluminium, Iron and other elements, which, when ignited, burns at temperatures sufficient to melt steel (which is not possible with jet fuel). It can be used to cut steel girders. Nano-thermite is a more technologically refined form in which the particles are of microscopic dimensions (of the order of nanometres) evenly mixed in accurate proportions and which can be used as an explosive. This is now common knowledge but must be stated for completeness. Prof. Steven E. Jones, who was at the time of his work, Professor of Physicist at Brigham Young University in Salt Lake City showed the presence of substances arising from the action of thermite to melt steel in samples of melted steel obtained from girder fragments taken from the debris of the WTC buildings and used in monuments to commemorate the event. His peer-reviewed and verifiable scientific work has been published in scientific journals as proof of the use of thermite to cut the steel girders and weaken the structure of the buildings. The use of thermite in this way is also corroborated by the observed molten metal pouring from holes in the stricken buildings before and during their collapse and the presence of pools of molten metal in the rubble, still white hot and molten weeks after the collapse. If this were aluminium, even the people who removed it would surely know. Danish scientist, Niels Harrit, PhD Associate Professor at the Department of Chemistry at the University of Copenhagen, has published with others, a peer-reviewed paper in the Open Chemical Physics Journal describing work he did to establish the presence of nano-thermite in four independently sourced and chain-of-custody verified samples of dust taken from the debris of the WTC towers. Its mere presence is significant. Microscopic characteristics of particles in the separate samples were the same, indicating that the particles derived from a common source. Quantitative analysis of the samples extrapolated to the total volume of rubble indicated very substantial quantities of the explosive were present - tonnes of it! The presence of large quantities of nano-thermite suggests it was used as an explosive as part of a controlled demolition of the buildings. The use of nano-thermite in this way is also corroborated by the many observed “squib” explosions flashing out laterally from the sides of the buildings just below the wave of collapse as it moved down the building, by the many reports by firemen, rescue workers and survivors of explosions seen or heard within the buildings before their collapse and by the fact that thousands of tonnes of steel, concrete and glass were pulverised almost completely to dust in a wave that moved at near free-fall speed down the buildings, ahead of the collapse, ejecting fragments and steel girders sometimes hundreds of feet laterally as it went. The proven presence of these two forms of thermite is taken to explain the complete absence of structural resistance to collapse of the buildings allowing free-fall descent and implies pre-arranged, controlled demolition. The evidence for controlled demolition is also corroborated by the visible pattern of collapse with apparent implosion and systematic collapse of each of the buildings into its footprint. This pattern has been easily observed and recognised by untrained spectators and is also confirmed by experts in controlled demolition who testify to the difficulty, the time in preparation and expert knowledge and experience required to achieve it. 4. A great many relevant professionals who possess the technical understanding of diverse aspects of the 9-11 event have put the weight of their professional credibility behind the 9-11 Movement – and the number is growing rapidly. Despite the daily, universal reach to the minds of ordinary people by a corrupt mainstream corporate media, curiously and intensely committed to the obviously inadequate official explanation, the cause of 9-11 Truth has a massive following not only internationally but also in the US where the insulating power of the mainstream corporate media is supreme. With all of this inertia, credibility and focus of the 9-11 Truth Movement the now irrefutably established critical facts represent a breach of the dam wall; the flood is imminent and inevitable. Faced with widespread and intense opposition to a foreign invasion the government simply “stayed the course” but faced with general public rage against a system suspected of having committed violence against its own people in a context of widespread economic despair aggravated by anger over financial corruption, just weathering the storm is probably not an option. The flood will come. The first immediate casualty of this breach of the wall is the 9-11 Commission Inquiry itself; the question will be no longer if there was a cover-up but why. Interest must inevitably turn to the reasons for resistance to the inquiry, constraints on its terms of reference and power to summon witnesses, the lack of cooperation of some who gave evidence including Bush and Cheney and the obvious inadequacy of its report. The 9-11 Inquiry Commission will itself need to be examined as part of the new inquiry. Another casualty will be the public trust in the corporate mainstream media. The nature of the WTC event is that once controlled demolition is acknowledged as fact the reality of it seems obvious and self-evident. Given that the necessary investigations to prove it as fact were so relatively straightforward and, from the point of view of forensic criminal investigation, so obvious, why has the mainstream media so vigorously supported objection to it. Is this the event that breaks the spell? The first and most obvious question to be addressed by the new inquiry will be that of “How did the thermite get there?” Large quantities of it were present; not easily brought into the building and installed for controlled demolition without attracting notice. The first and most obvious person to question is Larry Silverstein, whose on-the-record and apparently careless remark that “We decided to pull it” appears to let slip an inside knowledge and a failure to realise that the time between the plane collisions to the two main towers and the collapse of WTC Building 7 would be insufficient to prepare to “pull it”, which is taken to mean a controlled demolition. There will also be renewed attention to witness reports of a full power-down of the WTC, the first in the life of the buildings, on a weekend shortly before 9-11. Another aspect of 9-11 that will receive great attention will be the apparent stand-down of national air defence. How is it that the world’s most substantial and at-the-ready national air security facility, capable of responding to a hijacking anywhere in the country within five minutes was delayed in responding more than 45 minutes and failed to intercept any of the four alleged hijackings? Stand-down appears also to have taken place within the CIA itself. While Condoleza Rice lamented that no one could have foreseen such an event numerous warnings had in fact, been received of just such a threat. Of course, it’s one thing to receive an abstract warning and another to tangibly identify an actual threat in progress. However, one branch of the CIA lamented that they had indeed identified the hijackers and their intentions and had compiled a file on their activities. Yet when the file was presented to higher authority they were ordered to suspend their investigations. This is certainly an aspect of the event that will attract the interest of the new inquiry. The 9-11 Truth Movement has established a very large body of evidence and analysis. The wiser factions of the movement have studiously avoided attempts to explain the broad picture of what actually happened on September 11th 2001 or the “how” and “who” but rather, have directed their attention to establishing evidence for or proving critical elements - controlled demolition - refuting the official explanation. This fundamentally accounts for their success. However, these two critical and deterministic facts, which establish the case for controlled demolition beyond doubt, will create the magnetic field of force that attracts, aligns and solidifies the many other salient facts of the evidence accumulated by the 9-11 Truth Movement into a monumentally persuasive case for some sort of high level, perhaps government involvement. Only a formal, full, thorough and open investigation with a genuine intention to ascertain the truth can achieve the necessary detail and understanding required to explain exactly what transpired in all of the four alleged hijackings. But the contributors and supporters of the 9-11 Truth Movement are already clear about the current, official explanation; if there is any truth at all to it, it’s far from the whole truth. According to reports in the Russian media, Prime Minister Putin has demanded in a very harsh manner that the Minister Of Defense Serdiukov present him with a detailed report about the scandal at the training center at Ryazan Airbone School. According to rumors, the current Chief of General Staff, General, Nikolai Makarov, is likely to replace Serdiukov. If true, Makarov would be a strange choice since it appears that he was the author of the idea to subordinate the Airborne Forces to the High Command of the Ground Forces. Other sources report that the plans to create a separate branch of Special Operations Forces, a la USSOCOM, have been abandoned. If true, that would mean that the GRU would keep the control of the Spetsnaz Brigades and the Airborne Forces would keep the Independent 45th Regiment of the Airborne Forces. * 16th Detached Special Operations Brigade - formerly Teplyi Stan, suburb of Moscow, now Chuchkovo. * 24th Independent Special Operations Brigade - Kyakhta. Actually, there are more Spetsnaz units ranging from battalion size and smaller, but these are mostly specialized "officer only" units about which very little is known. Revelation: Russian Navy officers demanded the dismissial of Serdiukov already FOUR times! According to information published in the Russian press, it has now appeared that the union of Professional Navy Officers has written to President Medvedev no less than 4 (four!) times to demand the dismissal of Defense Minister Serdiukov. "It would be wrong to say that we supported the paratroopers. Even before the incident with the Airborne Forces, 14 September, we sent a fourth letter to Russian President Dmitry Medvedev, to draw his attention to the distressing situation of retired military personnel and the situation in the army in general ", - said Navy Captain A. Krasik. He noted that the sailors are not interested in conflict Serdyukov with Colonel Krasov. "This is a mundane issue, it is of no interest to us, we are more interested in what Serdyukov has turned the armed forces into his joint-stock company", - said chairman of the Union of Professional Navy Officers. "We do not demand the resignation of a Serdyukov, the people are demanding this, and we are simply supporting their demands. People like Serdyukov come and go, but for the fact that he had disarmed state and destroyed the military infrastructure, Serdyukov should be subjected to criminal prosecution ", - concluded A. Krasik. Well, something tells the rest of the armed forces are not exactly in love with that overweight swine either. I can tell you who is quite happy with Serdiukov: the Ministry of Internal Affairs (MVD) forces since they get all the money which is taken away from the Military. (The MVDshniki have been spent on lavishly since Putin and Medvedev came to power). Them, and the FSB (ex-KGB) of course, the alma mater of Putin. Amusingly, the street cops are also pissed too since they are increasingly put under pressure by the regime for their corruption, abuses of power, drunken accidents, abuse of suspects, etc. The MVD+FSB duo has been cracking down on them pretty strongly in the recent months. Anyway, I wonder who in the armed forces will be next to openly speak up against Serdiuko? Make no mistake - the Kremlin has enough resources and power in the MVD+FSB structures not to have to fear a real open rebellion military. If they want, they can crack down on it and organize a grandiose purge in 24 hours. But Russia is not the Soviet Union any more, and there is a real risk of political backlash. The public opinion cannot be simply ignored as it was in the Soviet era and, just like in the USA, the military represents a (potentially) formidable *political* force which can make things very bad for the current regime. This is why I believe that Serdiukov's days as Minister of Defense are numbered. He will be probably "promoted" to some cozy (and well paid) position way from the military. Rabbi Ovadia Yosef, the head of Shas’s Council of Torah Sages, declares that “Goyim were born only to serve us" Colonel Andrei Krasov describes his conversation with Defense Minister Serdiukov as "business-like" "Serdyukov expressed its displeasure with incomplete repair the dining room and engineering networks. "The conversation has been very emotional on the part Krasov, - said the colonel about himself in third person - and by Serdyukov. "But it was a business communication, - said the commander - the Ryazan School has already begun to address weaknesses identified during the visit of Minister of War. " So it appears that the Paratroopers have received very strict orders from their Commander in Chief, General Shamanov, to "cool it". Clearly, their main goal has been to weaken Serdiukov's position and my guess is that his days as Defense Minister are numbered. Yet, for the Kremlin not to loose face it was important to avoid giving the appearance that the Airborne Forces had given Serdiukov the boot. The next event to watch for will be whether the Airborne Forces Union will go ahead with the announced Extraordinary Congress and, if that event does take place, what will happen there. This is all far from over, but it is moving into a much more covert, behind the scenes, phase. The Saker: "Lebanese Christian", please introduce yourself: how old are you? what kind of education do you have? what do you do in life? Have you ever served in the military or in the Resistance? What is your religion? How would you situate yourself politically? Lebanese Christian: I am in my fifties, well educated, have worked and lived in many countries over the years in International Business. I am a Maronite Christian, politically active since my early twenties, highly critical of the "order" or disorder if you will...which reigns in the Middle East since 1948, and where we have seen major soft and hard power struggles/wars and turmoil between the two big blocks during the cold war until 1990...especially in Lebanon, because of the forced presence of over 500.000 Palestinian refugees, armed intermittently over a period of 20 years and continuing to this very day in different forms, but having a low profile now. I feel comfortable in Washington DC, in NYC,or any American city or town, in any European city, as well as many Arab Countries where I lived and worked over the years. I was briefly part and parcel of the Christian Resistance in the early 80s. The Saker: On a daily, routine, basis, how would you describe the interaction between the Muslim supporters of Hezbollah and the Christians? How do the Muslim supporters of Hezbollah differentiate between the Christians who are vehemently anti-Hezbollah to those who are equally strongly pro-Hezbollah. Don't they lump all Christians into one "crusader" category (like the American propaganda who calls all pious Muslims "jihadists"). Lebanese Christian: The interaction between Muslims and Christians in Lebanon is perfectly normal, friendly and routine for hundreds of years, except for the brief periods of various outbursts of civil war due to deliberate "outside" interference, in 1860, 1958, 1970s, mainly because of the Palestinian armed transgressions and again nowadays because of the success of Hizbullah in defeating the Israeli occupation of Lebanese soil. Despite these various deadly outbursts, things always go back to normal fairly quickly, because people have no desire to succumb to such tragedies and desire a peaceful interaction in a very normal way. There is no such thing as a clash of civilization in Lebanon despite all the hoopla in the West since 9/11 despite the fact that there are clearly cultural differences between the two communities. There are also in Lebanon a considerable amount of interfaith marriages, still occurring today regularly, and over 365000 marriages between Sunni and Shia, in a population of about 2.5 Million Muslims in Lebanon, which makes it impossible to ignore and overcome in any artificial schism tried and promoted diligently by Israel and the West. As far as the supporters of the Resistance, I would say that they are a clear majority in the country, and the coexistence between the two groups is fairly civilized except for some occasional incidents here or there, where very quickly we discover that it is various Intelligence agencies come in the mix, especially Arab Intelligence services, like Egypt, KSA and Jordan doing the bidding of the West, and also occasional clashes in Universities between the two groups, considering the young age of the protagonists. But, it's always contained fairly quickly. The Saker: You say that you are a Christian, yet you support Hezbollah. How can you support a Muslim political party which, while it allows Christians to join it in the "Lebanese Brigade for Resisting the Occupation", does not allow Christians to join the party itself. Does that bother you? Lebanese Christian: Yes, I am s strong supporter of the Resistance, and I see absolutely no need to question their organizational skills because the biggest strength of Hezbollah stems from the absolute secrecy and exceptional discipline of its structure. Without strict organizational skills and secrecy, the Resistance will be no more. The other major element of strength of the Resistance is the fantastic discipline of the Shias of Lebanon, a strength which is mostly ignored and overlooked by their numerous enemies . People tend to forget or ignore the suffering of the Shia and all Lebanese in South Lebanon since 1948, with various massacres committed by Israeli IDF forces in Houla, Qana (twice) and the thousands of tons of high explosives reigned on them over the years by Israel, and the total absence of the Lebanese Government institutions, from the Army to other social institutions, Hence they had to resort to finding ways of protecting themselves, their families and their fields, farms, homes etc. It was natural for them to resort to Iran after 1979, and they would have been very happy if they received help from Switzerland, Denmark or Sweden for that matter, but the only help that came was from Iran and the Lebanese Diaspora Worldwide. The Lebanese Brigades are a good idea whose time has come because there are so many Lebanese Christians and Muslims who would like to join the Resistance, and this is a Good avenue to absorb them and make a good use of their skills and numbers in any future Israeli aggression or internal fomented turmoil. The Saker: Have you ever had the opportunity to speak with Hezbollah officials or official party members (as opposed to supporters)? If yes, how do you think they perceive you, being a Christian. Do they encourage you do convert to Islam? Lebanese Christian: Yes, I have had the opportunity to meet privately with party members, and Hizbullah members of Parliament etc., and have always been well received cordially, respectfully, and continue to have an ongoing dialogue with many of them. Not once did any one suggest any conversion or the like. We all have mutual respect and understanding of each other, and each person maintains his own belief systems fully and respectfully. The Saker: What does your clergy say about Hezbollah? After all, since Muslims do not accept the divinity of Jesus-Christ and only consider Him as a prophet, they are heretics from the point of view of Christian dogmatic theology. Are these differences in belief a major impediment to Hezbollah-Christian relations? Lebanese Christian: None of these dogmatic issues are any impediment to Hizbullah-Christian relations. The relationship is based on a nationalistic political vision and religion has absolutely no place between them. There is an ongoing dialogue between Christians and Muslims in an official setting, which has been going on for years, trying to bridge various gaps in understanding each other in the Orient. There is a similar dialogue going on at the Vatican. As for the Lebanese Clergy and the Resistance, they are as divided as the society at large in Lebanon, with some Clergy openly supportive and others reluctant, afraid and schizophrenic about "hurting" ties with the West because of that issue and their various close relationships with Western institutions over the decades. The Saker: Both in 1982 and in 2006 the world witnessed abject scenes of Lebanese Christians welcoming the invading Israelis (in 1982 with champagne and speeches). How does the Christian community deal with such a stigma? What about the accusation that Christians are "crusaders"? Tell us about the Lebanese Druze and Sunni communities and their own stigmas: Druzes actually serve in the IDF, does that kind of collaboration between them and the Zionists cast a shadow over the Druzes in Lebanon? What about the Sunnis? Are they suspected of being sympathizers of Wahabi/Takfiri/Salafi movements within Sunni Islam? Lebanese Christian: In 2006, no one in Lebanon "openly" cheered the Israeli onslaught on Lebanon. I was there for the full three months during, before and after the war of 2006. There were obviously some Lebanese who colluded with USA/Israel in the hope that the Resistance will be very quickly smashed and finished and when they saw after few days that the situation was very dicey at best they ducked and disappeared, waiting in vain for the promised victory of Israel which never came, and they have been crushed ever since. I have to correct the premise of your questions here because of some inaccuracies: in 1982, a lot of Lebanese welcomed the Israeli invasion, especially in South Lebanon, and especially the Shia with rice and flowers for IDF, because of the tremendous suffering of all populations in Lebanon relating to the horrible Palestinian transgressions in Lebanon with armed sectarian conflicts over 2 decades stemming from their attempt at taking over Lebanon as a base of operation against Israel, but taking ALL Lebanese hostages of their fratricidal conflict within the Lebanese body polity etc., and most Lebanese were happy to get rid of the Palestinian armed presence in the country and were in a way thankful to the Israelis initially. But the Israelis and IDF overstayed their welcome in South Lebanon and turned it into a fully fledged occupation which lasted 18 years. This was the main reason for the birth of Hizbullah and its mighty struggle against IDF and Israel since then. As for the sectarian divisions and their repercussions, they are mostly forgotten, and today's divisions are between Nationalists and supporters of Western policies or other moderate Arab countries close to the West or subservient to the West shall we say, and you find supporters of the Resistance in all sects and walks of life. The Druze community follow the whims of Walid Jumblatt wherever he goes they mostly follow him blindly, but their presence in Israel and Syria in some large numbers, make their political choices fairly tricky to say the least but overall, in Lebanon and Syria, the majority seem to have Arab nationalistic views although some covert links with Israeli Druze do exist and persist today, and sometimes they materialize in some open public forums, with Israeli Druze groups coming to join their brethren from Lebanon and Syria in recurring meetings. As for the Sunni affiliations in Lebanon, there are very strong Saudi Wahhabi influences manifesting themselves in Tripoli in the north of the country mainly and in some Palestinian refugee camps etc., and you find fringe groups affiliated with ALL these various Sunni denominations. Also, the Sunni Future movement of Saad Hariri has very strong links to Saudi Arabia with all what that entails. The Saker: There is pretty good evidence that Muslims are already the majority of the population of Lebanon (the CIA puts the figure at just under 60%), yet the Lebanese Constitution is based on sectarian categories and we often hear of the fact that the Christians in Lebanon are afraid of loosing power to a truly democratic vote and become a minority. Is that true? Would Christians in Lebanon fear a Hezbollah-run government? If yes, why and if no, why not? Lebanese Christian: The sectarian, consensual based constitution of Lebanon does not permit any one group of overtaking or overrunning the Government or the country in a way shape or form, whether with elections or otherwise. The Parliament is divided equally between Muslims and Christians 50/50 and will remain so, no matter what the demographic numbers will be now or in the future and most Lebanese like it that way, and are convinced that it is the best way to proceed, respecting all beliefs, communities etc, exactly as they are, and not as we like them to be. Hence, no clash of civilizations will ever occur in Lebanon to make a long story short. I, personally have absolutely no fear of Hezbollah ever taking over the country, especially with Sayyed Hassan Nasrallah around alive and well and I think that most Lebanese feel that way, friend or foe, because of the tremendous respect, wisdom and historical perspective they have experienced with Hizbullah over a period of 28 years. The Saker: Thank you very much for your replies!

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http://vineyardsaker.blogspot.com/2010/10/

study of the Malay voicing contrasts with a focus on acoustic measures. Waveform and spectrogram samples ... Palato-. Alveolar. Palatal Velar. Glottal. Plosives. p b. t d. k g nasals m n ŋ. Affricates. t dʒ. Fricatives θ ð. word-formation in bilingual dictionaries often discussed in lexicographic studies. .... criteria such as register, genre, domain, time of publication, and size, are .... However, a small number of free grammatical morphemes (and to a lesser extent, . Word order - Test - Answers. A - Form ... 8) Victoria Station / leaves / the bus / at 7 o'clock ... also correct: At 7 o'clock the bus leaves Victoria Station.__. We shall only give examples to illustrate how they function. a boy .... inflected in the formation of comparative and superlative degrees. ... and adjectives, otherwise known as content words or full morphemes, rather than the grammatical. By learning mathematics in French instead of English, students in ..... report choosing English books more frequently than French books by 7th grade (3.66 vs . English translation of the French version as delivered. UNHCR's oral intervention at the European Court of Human Rights. Hearing of the case of I.M. v. France. Word order in English and French The position of English and French adverbial connectors of contrast English Text Construction 8(1): 88-124. Drawing upon the theoretical framework of Systemic Functional Linguistics, this paper compares the word order patterns of English and French adverbial connectors of contrast in a comparable bilingual corpus of quality newspaper editorials. The study shows that the two languages offer the same possibilities in terms of connector positioning but differ markedly in the preferred patterns that they display. In both languages, connector placement proves to be influenced by three main types of factors: language-specific syntactic, rhetorical and lexical factors. The notion of Rheme, which tends to be under-researched in the literature in comparison to that of Theme, plays a key role in the analysis. sentence-medial positions, especially within the verb phrase. The third objective will be to assess the importance of the role played by the lexical component in connector placement. A number of studies have noted that some individual connectors have their own positional preferences (Jacobson 1964; Rubattel 1982; Altenberg 2006). However, the recognition of the potential importance of the lexical component is still fairly marginal in the literature and the respective roles played by lexical factors on the one hand and system-related patterns of placement on the other remain unclear. The framework adopted in this study is that of Systemic Functional Linguistics (SFL). SFL provides a particularly well-suited apparatus to account for connector placement choices. Previous studies (Altenberg 1998, 2006; Lenker 2011) have demonstrated that such choices are closely related to the notions of Theme and Rheme, as well as Given and New information. The theoretical framework of SFL will be combined with the powerful methods and solid empirical basis afforded by corpus linguistics, as advocated in Thompson and Hunston (2006). The two approaches share numerous properties which make their combination extremely promising, such as their concern for authentic language and the importance that they attach to corpus frequencies for language theorization (Halliday 2006). SFL and corpus linguistics are in fact complementary: SFL contributes a theoretical grounding often lacking in corpus linguistics, while corpus linguistics provides a solid and stylistically-varied empirical foundation together with powerful methods of extraction and analysis. In spite of the many arguments in favour of a synergy, very few large-scale studies have yet combined the potentialities of SFL with those of corpus linguistics. The present study situates itself in a set of recent studies attempting to bridge the gap between the two approaches (see Thompson and Hunston 2006; Kunz and Steiner 2013). The focus of the present study will be on the meaning relation of contrast, defined as a broad semantic category subsuming several more precise relations (i.e. adversative, replacive and concessive), which have in common that they imply a negation of either similarity or implication between two events or pieces of information. This study, focused on adverbial connectors of contrast (such as however, nevertheless in English and cependant, néanmoins in French), forms part of a broader research project comparing the use of cohesive markers of contrast in English and in French. In that study, not only adverbial connectors but also conjunctions of coordination (but, mais), conjunctions of subordination (e.g. although, bien que), and a set of multi-word cohesive devices (or cohesive lexical bundles) expressing contrast (e.g. it remains that, in spite of the fact that, il n’en reste pas moins que) are taken into account. This paper is made up of seven major subparts. Section 2 introduces the notions of Theme and Rheme. Section 3 presents the data and the methodology used for the corpus-based analysis. Section 4 describes the five main positions identified for adverbial connectors. The results are discussed in Sections 5 to 7; Section 5 focuses on the quantitative differences between English and French as regards connector positioning; Section 6 investigates the various discursive effects achieved by connector placement; finally, Section 7 discusses the part played by the lexical factor in the positioning of adverbials connectors. Section 8 provides some concluding remarks. 2. Theme and Rheme in Systemic Functional Linguistics The present study strays from common practice in research on adverb placement in that, instead of resorting to purely syntactic criteria (as in Greenbaum 1969; Quirk et al. 1985; Altenberg 2006; Hasselgård 2010; Lenker 2011), its descriptions and analyses are fully grounded in the SFL framework, relying on the core notions of Theme and Rheme. The elements that have a function in transitivity are: subjects, objects, verbs, complements and adjuncts. Except for a number of special themeless structures, see Halliday and Matthiessen (2004: 98-100). ^ means “followed by”; Halliday and Matthiessen 2004), which once again highlights the strong link that exists between adverbial connectors and the initial position. has recruited 130 organisations to the cause. believes his faith should never be imposed on others. Another important distinction in SFL is the one between marked and unmarked Theme. Because the Theme is invariably located at the beginning of the sentence, in declarative sentences the topical Theme typically coincides with the grammatical subject of the clause. When this is the case, as in examples (1) and (2) above, the Theme is said to be unmarked. By contrast, when the thematic position is occupied by another constituent than the subject (typically a fronted adverbial), as in (3), the Theme is considered marked, and the subject is relegated to the rhematic part of the clause. It should be noted that a group of researchers advocate setting a fixed Theme boundary after the grammatical subject, irrespective of whether it is preceded by a marked Theme (e.g. Downing 1991; Altenberg 1998; Caffarel 2006). In the present study, Halliday and Matthiessen’s (2004) approach, according to which the Theme includes only the first topical element of the clause, will be favoured. Whitehall recruited 20,000 new civil servants. It is striking that, while the notion of Theme has been covered extensively in the literature, the Rheme remains severely understudied within SFL research. This may stem from the fact that the Rheme is usually defined by exclusion, as everything that is not part of the Theme, or as what remains once the Theme has been identified. As explained above, the literature provides detailed accounts of the structure of the Theme, distinguishing between its several subparts (i.e. textual, interpersonal, topical). By contrast, distinctions within the Rheme are sorely lacking in current SFL research. This may seem surprising, as in many cases the Rheme makes up a substantially larger part of the clause than the Theme, and is typically the host of the focus of the message. To my knowledge, two researchers provide a slightly more detailed account of the structure of the Rheme. Fries’s (1994) notion of N-Rheme, on the one hand, refers to the last constituent of the clause, which constitutes “the newsworthy part of the clause, that is, the part of the clause the writer wants the reader to remember” (ibid. 234). Example (4a) is part of a fund-raising letter which urges the reader to contribute money to a project designed to measure how large cities handle the stress resulting from population growth. The N-Rheme is in italics. By placing this segment in the N-Rheme, the writer chose to lay emphasis on the effects of the decisions on the potential donor. The writer could have decided to lay stress on a different aspect, such as the frequency of the phenomenon at hand (i.e. every day), by organizing the information differently, as in (4b) (Fries 1994: 244). (4) (a) Every day decisions are being made by local officials in our communities that could drastically affect the quality of our lives (Fries 1994: 243). (b) Decisions that could drastically affect the quality of our lives are being made by local officials in our communities every day (ibid. 244). French researchers Morel and Danon-Boileau (1998), on the other hand, have coined the term post-rheme (“post-rhème”) to refer to an optional intonational constituent consisting of a group of syllables produced with a flat intonation, a low pitch and a reduced intensity at the end of an oral paragraph. Semantically, the post-rheme may either (and only) express epistemic modality (e.g. He’ll be late, I think) or consist in a nominal argument, co-referent with a pronoun preceding it in the sentence (ibid. 28) (e.g. He’s nice, Paul). In the same way as few researchers have identified different subparts within the Rheme, few researchers have paid attention to phenomena of markedness at the rhematic level. One exception to this rule is Taglicht (1984), who complements the notion of marked Theme with that of marked Rheme. Taglicht (1984: 20) defines the marked Rheme as an element that is “detach[ed] from the element or elements with which it is contiguous in the unmarked sequence” and placed sentence-finally. The marked Rheme may take three different forms: “(i) an end-shifted subject” (Taglicht 1984: 23), as in (5); “(ii) an end-shifted constituent of the predicate” (ibid.), as in (6); or “(iii) a final item separated by a ‘partition’3 from the item that would precede it if it were part of the unmarked rheme” (ibid.). This partition may take the form of a connector, as in (7). See Section 6 for a definition and discussion of partitions. In fact, so far the literature has tended to concentrate exclusively on the periphery of the thematic structure (see N-Rheme, post-rheme), leaving more internal elements to be the poor relative of thematic structure.4 Nevertheless, distinctions within the Rheme are crucial for whomever wishes to account for variation in adverbial connector placement and for the motivations behind this variation. As a result, in the classification designed for this study a number of distinctions will be made within the Rheme, whenever it proves relevant for the analysis (see Section 4). 3. Data and methodology The study was carried out on the basis of a comparable corpus of quality newspaper editorials. The corpus contains 744,185 words of French editorials and 988,651 words of British and American English editorials.5 Irrespective of the language they are written in, newspaper editorials share not only the same medium, but also a combined informative and argumentative purpose. This ensures maximum text-type comparability, which is particularly important when comparing word order phenomena across languages (see for example Virtanen 1992; Hasselgård 2010 on the placement of adjunct adverbials across several English genres). Some distinctions made with respect to the Theme are also relevant for the Rheme. This is the case of Hannay and Gómez González’s (2013) “thematic parentheticals”, i.e. “parenthetical elements, irrespective of form, which are marked off typographically and occur immediately after, and are triggered by, a thematic element” (ibid. 99). Because those parentheticals are triggered or “anchored” by the preceding thematic element (ibid. 103), Hannay and Gómez González consider them to be thematic. However, strictly speaking they are part of the Rheme, as they occur after the topical Theme. 5 Most of the data comes from the Mult-Ed (Multilingual Editorial) comparable corpus of British English and French editorials, compiled at the Centre for English Corpus Linguistics, Université catholique de Louvain (http://www.uclouvain.be/en-cecl-multed.html). In addition to Mult-Ed, the corpus includes data from American newspapers. The analysis is based on a search list of 28 English and 35 French adverbial connectors, listed in Table 1.6 The occurrences of these connectors were extracted from the corpus using WordSmith Tools 6 (Scott 2012). They were subsequently disambiguated manually in context, so as to weed out any irrelevant uses. Thus, the occurrences in which the item was not used as an adverbial connector (as in example (8), where though is used as a conjunction of subordination) or was not used with a contrastive meaning (as in example (9), where still has a temporal meaning) were discarded. Connectors used below clause level, as in example (10), were also disregarded. In total, the disambiguated set (i.e. the set of the occurrences that were kept) makes up no more than 40.3% of the whole data set. (8) Though some tuna is farmed, the Worldwide Fund for Nature has warned that many are wild fish that have been penned while they fatten. (9) More than three years into his presidency, he still looks uneasy in many of his public appearances; he still lacks the grace and charm of a Ronald Reagan that would disarm critics. (10) Pour le référendum sur Maastricht, M. Chirac, pourtant trés [sic.] eurosceptique, avait bien compris qu’en vue de sa nouvelle candidature à l’élection présidentielle de 1995, il n’avait pas d’autre choix que le “oui”. The list was designed by pooling lists of adverbial connectors collected from various English and French reference books (Quirk et al. 1985; Chalker 1996; Knott 1996 and Liu 2008 for English; Grieve 1996 and Roze et al. 2012 for French). The list obtained was then supplemented by means of Dyvik’s (1998) corpus-driven method. See Dupont (2013) for details on the design of the list. 7 English yet and French or are on the borderline between conjunctions of coordination and adverbial connectors (see for example Quirk et al. 1985: 927; Biber et al. 1999: 80; Cosme 2007). While some of their features, such as their fixed position in the clause, make them resemble coordinators, in other respects they are more like adverbial connectors. For example, unlike conjunctions of coordination, they may not link subordinate clauses (see Cosme 2007: 240-242). Because they do not meet all the criteria required to qualify as conjunctions of coordination, yet and or are usually considered as adverbial connectors. However, because they behave like conjunctions of coordination rather than adverbial connectors in terms of their position in the clause (i.e. they are restricted to clause-initial position), they will not be included in my corpus analysis of adverbial connector placement. by Le Draoulec and Bras (2006), who demonstrate that the initial position is a necessary condition for alors to acquire the status of connector; Patpong (2006), who highlights that depending on its function (i.e. continuative or conjunctive), the Thai conjunction kɔ: occupies different positions in the clause; or De Cesare (2010), who identifies position as one of the determining factors of the textual functions fulfilled by the Italian adverbs anche, proprio and soprattutto. These observations also provide some evidence in support of the largely documented privileged link between adverbial connectors and initial position, also in languages other than English and French. (11) Citizens of the European Union had already been among the victims of attacks […]. The EU responded swiftly: Terrorist assets were frozen, and airline and maritime security were tightened, as were immigration and visa policies. Terrorist cells were exposed all over Europe, and planned attacks were thwarted. At the same time, Madrid destroys any lingering illusions some Europeans may have had that Europe would be safe from terrorism. (12) For many evangelicals, you cannot be good and holy if you do not at the same time condemn gays to a life without love. (13) In short, if trade is used as a lever to promote a revolution in international labor rights, the lever will break. Still, the unions are pursuing a good cause, and the administration should agree to consider their petition. (14) The brutal truth, nonetheless, is that if every player had been in the prime of health and the captain presented with a double-headed coin in advance of each Test, England would still have been in deep trouble. relative corpus frequencies. The occurrences of these connectors were classified into five categories according to their position, as described in the next section. The raw frequencies are provided in Appendix 1. hypotactically related clauses” (ibid.). In these units, only one Theme is identified for the whole clause complex. This means that, if a subclause occurs in front of the independent clause, as in example (15), it will be taken to be the (marked) Theme of the whole clause complex. In some cases, however, instead of relating one clause complex to another clause complex, the adverbial connector was used to relate a subordinate clause to its superordinate clause, as in (16). In such examples, the scope of the connector is on the subclause only. Therefore, the most meaningful analysis was to classify the connector according to its position in the subclause, instead of the clause complex. (15) The move to abolish compulsory retirement at 65 is sensible, if late in coming, and in line with the great rise in life expectancy of recent decades. If people are to take full advantage of the more generous pensions for those who stay at work after 65, however, some profound changes in attitude will be needed. 9 (16) As governor he vowed to veto any tax increase sent to him by the legislature, talking instead about cutting the budget. The adverbial connectors are in bold in all the examples from the present article. Any other items relevant to the discussion of a given example have been underlined. beginning of elliptical clauses, such as (20), were also classified as thematic 1.10 When used in thematic 1 position, adverbial connectors perform the function of textual Theme. (17) Since the hearing is taking place during a presidential campaign, it’s unlikely that a spirit of bipartisan decorum will prevail. Nevertheless, it’s good to bring this debate out in the open. (18) Le chaos, que l’on redoutait de voir s’installer après la mort du fondateur du mouvement national palestinien, ne s’est pas produit. Au contraire, les Palestiniens ont fait la démonstration de leur sens des responsabilités. (19) Yesterday’s feeble performance by Donald Anderson, the supposedly independent chair of the foreign affairs committee, added to the gloom. But nonetheless the game of trying to make the prime minister admit what he may not feel is probably fruitless. (20) She should not have tried to suppress the story, but instead have gone on the programme to explain there was not much new. were also treated as interpersonal Themes. Examples (21) to (23) illustrate the thematic 2 position. (21) Crucially, though, the US was able to maintain the support of other countries. (22) It is dismaying that, even so, federal inspectors continue to catalog such shocking mistakes. (23) Il est vrai cependant que ces drogues peuvent, en atténuant la douleur, hâter la mort. The rhematic 1 category includes adverbial connectors occurring between the topical Theme, whether marked or unmarked,12 and the verb phrase of the clause or clause complex.13 Examples (24) and (25) below provide an illustration of rhematic 1 connectors used after an unmarked Theme. In examples (26) and (27), the rhematic 1 connector occurs after a marked topical Theme. This category also includes the few cases of connectors placed within the Theme itself. In most of these instances, the connector was used within a subclause used as Theme of the clause complex, as in (28). Connectors occurring after a viewpoint subjunct (Quirk et al. 1985: 568), as in (29), were also included in the rhematic 1 category. Note that, according to Taglicht (1984: 20), when the Theme is followed by a connector it is considered as marked by default, in compliance with his definition of marked as “characterized by the […] detachment of a syntactic element from the element or elements with which it is contiguous in the unmarked sequence” (ibid.). In other words, for Taglicht, whenever an initial element is detached from the rest of the sentence, it is a marked Theme. 13 The rhematic 1 position roughly corresponds to what Lenker (2011) refers to as “post-initial position”, which she opposes to the “genuine medial position” (akin to my rhematic 2 position, see below). Rhematic 1 connectors also partly overlap with Hannay and Gómez González’s (2013) thematic parentheticals (see footnote 4 for a definition). (26) When the surplus evaporated and turned into a huge deficit, however, Bush did not reverse his arguments. (27) Le matin, devant les principaux chefs militaires français, il a confirmé la perspective d’une guerre avec l’Irak en demandant aux militaires de “se tenir prêts à toutes éventualités” […]. L’après-midi, en revanche, devant les représentants du corps diplomatique, il a réaffirmé que “l’éventuelle décision d’utiliser la force doit être explicite et être prise par le Conseil de sécurité des Nations unies sur la base d’un rapport motivé des inspecteurs”. (28) When, however, the newspapers published stories wrongly claiming that British bases in Cyprus were at risk from Saddam’s weapons of mass destruction, no one in the Government did anything whatever to correct them. (29) Ironically, the decision to allow France to carry on spending was the right one economically. France’s economy is stagnating; it may be about to move into actual recession (two successive quarters of negative growth). To have raised taxes or to have cut public spending when French unemployment is almost 10% might well have pushed the economy into an even more serious recession. […] Politically, however, that is not the point. The rhematic 2 position encompasses all the syntactic slots available within the verb phrase of the clause or clause complex (i.e. the predicate along with all its obligatory complements). It is therefore a fairly broad category that includes connectors occurring within the predicate, as in (30) and (31); between the verb and its complement(s), as in (32) and (33); or, more rarely, within the complement, as in (34). This category also includes connectors used after an imperative verb, following Taglicht’s (1984) view of imperative clauses as themeless. Finally, the rhematic 2 category contains connectors used after the verb of a subjectless non-finite clause, also considered themeless clauses14 (see Halliday and Matthiessen 2004: 100; Cummings 2009: 47), as in (35). This was only relevant when confronted with cases where the scope of the connector was not on the clause complex, but solely on the subclause (see above). (30) President Bush would, though, be content to let regional powers contain and constrain the North Korean leadership if they were willing to do so. (31) Jacques Chirac a tenu, hier, à marquer l’événement. Il n’a cependant pas ouvert de piste pour l’avenir. (32) It is a matter of debate as to whether some of them would still be permissible under the Human Rights Act. They were, nonetheless, effective. (33) La formule “s’occuper de la mort d’autrui avant la mienne” ne fait pas l’éloge du sacrifice. Elle signifie plutôt que notre socialité n’est pas fondée sur la somme de nos égoïsmes. (34) The Prime Minister cannot be completely confident, however, that this reasoned approach will pay dividends on his preferred timetable. (35) We have consistently called on the Government to seek alternatives to conflict with Iraq, and we will continue to do so, urging instead that Britain maintains a policy of deterrence and containment. Finally, rhematic 3 adverbial connectors are placed after all the obligatory elements of the clause or clause complex. In some cases, as in (36) and (37), this position is akin to Morel and Danon-Boileau’s (1998) post-rheme. However, many rhematic 3 connectors are followed by one or several optional constituents, as in (38) and (39). In such cases, they do not fulfil the necessary conditions to qualify as postrhemes. (36) Mr Straw played down the significance of the achievement. He should not be so modest. There are important caveats, nevertheless. (37) Sans doute un autre scrutin, impliquant en ses régionales montagnes le néo-verdâtre Valéry Giscard d’Estaing, nous fit-il oublier les urnes du Quai Conti. Un pape en sortit, pourtant. (38) There, 16 years after writing Ohio State’s favorite cardio-rehab music, he died anyway at 63 of asthma. (39) Le week-end passait, cependant, sans que rien ne vienne étayer le couplage fantasmatique de ceci et de cela. Table 3 provides a summary of the classification presented in this section. For each position, one prototypical example is provided in each language. le problème n’est pas insoluble. that they must do both these things. farmers, by contrast, receive nothing. emplois-jeunes, en revanche, constitue une faute grave et contre-productive. consequent “cuts” in public services. a plutôt été la règle. be little defence against the demented ideology of Osama bin Laden. But it is something that ought to be attempted anyway. 5. Adverbial connector placement in English and French Once the occurrences of each adverbial connector had been classified according to their position, the percentage of use of each position was computed for each connector, and subsequently for each language, balancing the results so as not to give more importance to the very frequent connectors.15 The overall results for each language are presented in Table 4 below, with the raw total figures between brackets. This was done by adding up, for each position, the percentage of use of each connector in this specific position, and subsequently dividing the number obtained by the number of connectors investigated. The raw frequencies are provided in Appendix 2. While I am well aware of the difference between initial and thematic, it will be considered here that Halliday and Matthiessen’s (2004) claim mostly pertains to the initial or thematic 1 position, in view of their assertion that multiple Themes are typically structured as textual Theme ^ interpersonal Theme ^ topical Theme. continuum going from what is very frequent to what is infrequent in one language as compared to the other. The differences in frequency observed in Table 4 may be accounted for by an important difference between English and French in terms of adverb placement, which gives rise to many difficulties amongst learner populations. As Osborne (2008) explains, French and English differ with respect to verb-raising: French, as a verbraising language, typically places adverbs after the verb, as in (40); in non-verb-raising English, by contrast, adverbs are normally placed before the verb, as in (41). With this in mind, the larger proportion of pre-verbal adverbial connectors in English, along with the preference of French for the rhematic 2 position, appear motivated, at least partly, by syntactic differences between the two languages. Despite the fact that the five positions are allowed by each language system, syntactic factors of another order explain why one or several options are preferred over the others for the placement of connectors in English and in French. Chuquet and Paillard’s claim could have led us to expect a majority of connectors to be located at clause periphery in English, while French would tend to have a preference for the rhematic 1 and 2 slots (i.e. the two positions in which connectors are used parenthetically). These assumptions are only partly confirmed by our results. While our data shows that connectors are more frequently inserted within the verb phrase in French than in English (with the rhematic 2 position, as in (44)), the opposite is true of connectors used between the subject and the predicate (as in (45)), as is clear from the figures obtained for the rhematic 1 position. It remains that, when rhematic 1 and rhematic 2 connectors are taken together, the overall proportion of connectors used parenthetically is higher in French than in English (64% vs. 37.3%). In Chuquet and Paillard (1989), C0 refers to the grammatical subject of a sentence, while C1 refers to the object of a transitive verb. 20 “Le schéma canonique d’une phrase [est] défini comme la séquence: C0 – verbe – C1 […] Alors qu’il est fréquent de trouver en français différents éléments insérés entre le C0 et le verbe ou entre le verbe et le C1 sous forme d’incise, l’anglais au contraire évite en général de faire éclater ce bloc” (Chuquet and Paillard 1989: 155-156). (44) Deux faits divers dramatiques survenus en une journée, samedi 4 juin, relancent le débat sur le rééquilibrage nécessaire entre la route et les autres moyens de transport. Débat éternel et décourageant, car tout le monde est d’accord sur l’objectif. La route ne cesse pourtant de marquer des points par rapport au rail. (45) To save the government’s blushes, the committee has decided that new gambling laws are “necessary and urgent” and says that the government’s general framework is “about right”. No minister, though, should hide behind those words and pretend that the committee has given a good report on the bill. 6. Discursive effects of connector placement In the previous section, it was demonstrated that some of the placement preferences of English and French can be accounted for by means of syntactic factors such as the difference between verb-raising and non-verb-raising languages. But adverbial connector placement is also closely related to rhetoric and information structure. For Lenker (2011: 12), the initial position is the most “natural” position for connectors in view of their linking function. As a result, when these items are used in other positions, there has to be a “good reason” (cf. the so-called “good reason principle”). In these cases, the connector usually takes on further functions, pertaining to thematic and information structure, in addition to its regular connecting function. This suggests that cross-linguistic divergences in connector placement are not only syntactic, but may also provide some information about the ways English and French handle thematic and information structure. Interestingly, the two positions that are most apt to fulfil such rhetorical effects are rhematic 1 and rhematic 2, i.e. precisely the two positions that have been overlooked in SFL research. It is through being used as parentheticals that connectors participate in information structure (Taglicht 1984: 22-25). The position labelled rhematic 1 in the present study has already been discussed by Altenberg (1998, 2006) for English and Swedish, and Lenker (2011) for English. The discursive effects of rhematic 1 connectors uncovered in this study further support the analyses made by Altenberg and Lenker. As a reminder, rhematic 1 connectors are used after the topical Theme of the clause, whether marked (as in (46)) or unmarked (as in (47)). (46) When the surplus evaporated and turned into a huge deficit, however, Bush did not reverse his arguments. (47) A newspaper doesn’t charge buyers more when they throw away everything but the sports section. They might want to — and their advertisers might agree — but they don’t. Airlines, however, charge more for a one-way ticket because they know that some business travelers need the flexibility to buy such tickets, and are willing to pay more for it. Taglicht’s partitions are roughly equivalent to what has been referred to so far as parentheticals. ‘natural’ order of Themes, brings to the fore the personal stance of the writer, as in (48) and (49). (48) [A] more general political review of the coming year would be a far more fitting address at the beginning of the session, something much closer to the US President’s State of the Union speech. This, as President Clinton used to his advantage, provides the executive with an excellent platform to explain its ideas and announce initiatives. Clearly, however, it would be wholly inappropriate for the Queen to deliver such a speech. (49) Condamnation, vigilance, solidarité : la vigueur de la réaction présidentielle est salutaire. Il n’est pas certain cependant qu’elle suffise à apaiser le malaise des juifs de France. But in addition, when used in rhematic 1 position, the connector frequently highlights a topical shift in discourse: in the clauses or clause complexes related by the connector, the writer is moving from one topical Theme – or point of departure of the clause – to another, hence breaking the thematic continuity of the text (see Altenberg 2006: 19-20), as in (50a), where the focus of the message is moving from past premiers to Mr Blair. Marking off the topical Theme has the effect of guiding the reader through the discursive shifts by highlighting these shifts. Compare (50a) and (50b), where (50b) is a modified version of the original example (50a). Because of the rhematic 1 connector, the topical shift appears more clearly in (50a) than in (50b). time. On the other hand, Mr Blair has rewritten the handbook on prime ministerial accessibility and accountability. The data shows that the topical shifts may be circumstantial (in the case of marked Themes), as in (51) and (52), or involve participants (in the case of unmarked Themes), as in (53) and (54). In yet other cases, the connector is used after a viewpoint subjunct that specifies the domain of application of what is stated in the second clause, as opposed to the first: in (55), for example, the writer is contrasting the political and practical planes to the legal one. (51) Prior to 1992, most candidates’ TV spots — particularly those blasting an opponent — carried a disclaimer in type the size of the fine print on an insurance policy, which was on screen for a nanosecond. In December 1991, however, the Federal Communications Commission handed down a ruling that all political commercials must contain a readily readable sponsorship tagline clearly indicating who paid for the spot. (52) Le matin, devant les principaux chefs militaires français, il a confirmé la perspective d’une guerre avec l’Irak en demandant aux militaires de “se tenir prêts à toutes éventualités” […]. L’après-midi, en revanche, devant les représentants du corps diplomatique, il a réaffirmé que “l’éventuelle décision d’utiliser la force doit être explicite et être prise par le Conseil de sécurité des Nations unies sur la base d’un rapport motivé des inspecteurs”. (53) Andrew Marr, one instinctively senses, wisely judges he would carry less credibility in white. Mark Mardell, on the other hand, has white-suit cred written all over him. (54) Ensuite, le calendrier de Bush lui impose d’aller vite afin de se dégager de ce bourbier pour mener plus tranquillement sa campagne présidentielle. Enfin, la guérilla, au contraire, a tout intérêt à ce que le règlement traîne pour accroître sa terreur et sa force. (55) Secretary of Defense Donald Rumsfeld characterizes us as “liberators” for political and practical reasons. Legally, however, there has never been a question. Finally, fronting topical Themes by means of rhematic 1 connectors makes it possible to highlight very clearly the focus of the contrastive relation expressed by the connector, i.e. what exactly is opposed through the adverb (e.g. Past premiers vs. Mr Blair in (50); Prior to 1992 vs. In December 1991 in (51)). Most of the examples covered so far show very clearly the effect that rhematic 1 connectors perform at the level of information structure, as two very distinct topical Themes are explicitly stated in each of the clauses. However, the transition to the new topical Theme is not always signaled as clearly, as shown in examples (56) and (57). (56) By the time he had put Tam Dalyell in his place by pointing out that the Father of the House had confused Tony Blair’s chief of staff Jonathan Powell with his brother Sir Charles Powell, Mr Clarke’s reincarnation as cuddly old Ken was complete. The real Mr Clarke, however, is a very different and much more formidable politician. (57) L’année 2002 restera, aussi, celle où la machine Muray a, pour la première fois, connu quelques ratés. Son fonctionnement, pourtant, n’est nullement en cause; on peut même dire qu’il n’a jamais été aussi brillant. The results discussed in Section 5 revealed that rhematic 1 connectors are markedly more frequent in English than in French. It is therefore much less frequent in French than in English to signal a topical shift in discourse by means of connector placement. This may stem from the fact that French has a large variety of lexical and grammatical devices to perform a thematizing function similar to that conveyed by rhematic 1 connectors, among which syntactic dislocation, as in (58), and the prepositional phrase quant à, as in (59) (see Rivelin-Constantin 1992; Rossette 2007: 40). These devices are either not available or much less common in English. Thus, it may be that the more frequent use of rhematic 1 connectors in English compensates for the lack of such resources. (58) La Roumanie et la Bulgarie devront encore patienter. La Turquie, elle, est pressée d’ouvrir les négociations d’adhésion et elle le manifeste sans trop d’habileté. (59) Georges-Marc Benamou ronchonne que si c’est Ben Laden qui fait élire les majorités, la vieille Europe est mal barrée. Quant à Alexandre Adler, il fait carrément la gueule en évoquant un vote “munichois”. As is usually the case in qualitative studies, the above analysis sets out general tendencies instead of absolute rules. Even though a majority of rhematic 1 connectors fit the pattern described above in terms of information structure, a limited number of these connectors appeared to produce other effects. For example, I also found a number of cases in which the marked off topical Theme was a cohesive resumption, by means of either lexical cohesion or reference,22 of information described in the previous sentence. This is the case in example (60), where that calculation is a resumption of the entire preceding sentence. In yet other cases, the fronted element was the last and culminating item of an enumerated list, as in (61). It is, however, beyond the purpose of the present study to draw up an inventory of all the possible effects produced by rhematic 1 connectors. be given immediate access to them. The greatest failure, however, is the old Russian nemesis: the failure to be honest. As Lenker (2011: 15) explains, “it is not the adverbial [connector] itself which is focused through different medial positions, but other constituents in the sentence”. We just saw that rhematic 1 connectors have the effect of laying emphasis on the Theme of the clause. Rhematic 2 adverbs, on the other hand, draw attention to the Rheme of the clause, or to part of it, as demonstrated in Lenker (2011). As partitions, adverbial connectors placed within the verb phrase are one of the three ways of creating a socalled marked Rheme, i.e. a Rheme that is detached from the other elements of the sentence (Taglicht 1984: 20). As Taglicht (1984: 25) explains, marked Rhemes “involve an element of delay”: the reader is kept waiting for the end of the clause. By delaying (part of) the Rheme, and by marking it off from the rest of the sentence, rhematic 2 connectors give it more attention than it would have received in the unmarked sequence, hence their focusing function. Compare (62a) and (62b) below, where (62b) is a modified version of the original example. Through occurring after a typographical break, the Rheme in (62a) is marked off, thus receiving special focus. This is not the case in (62b), where the Rheme is fully integrated into the clause. (62) (a) Obviously such an eradication could not be accomplished quickly, especially because the vaccine offers only shortterm protection. Congress and the Bush administration could, however, take smaller steps. (b) Obviously such an eradication could not be accomplished quickly, especially because the vaccine offers only shortterm protection. However, Congress and the Bush administration could take smaller steps. Another effect of rhematic 2 connectors pertains to the notions of given and new information. In SFL, each sentence can be described not only in terms of its thematic structure (Theme and Rheme), but also in terms of its information structure, organized into given and new information. Each clause or clause complex typically contains both given information (i.e. information that is presented as known or recoverable by the listener or reader) and new information. While distinct, information structure and thematic structure are closely related: in unmarked clauses, the given information coincides with the Theme, and the new information coincides with the Rheme (Halliday and Matthiessen 2004: 89). Note that auxiliaries, as semantically empty function words, are not considered to contribute new information to the clause. The same is true of copular verbs (see Lenker 2011: 17). Instead, the lexical verb and the complements are the major repositories of new information. In view of this, the rhematic 2 connectors in the corpus can be said to act as “partitioners of given and new information” (Lenker 2011: 17), signalling explicitly the transition between what the reader knows and the genuine informational contribution of the clause to the text, as in (63) and (64). These observations are in keeping with those made by Lenker (2011). (63) President Bush would, though, be content to let regional powers contain and constrain the North Korean leadership if they were willing to do so. (64) Malgré ces succès, l’Inde n’a cependant pas atteint l’objectif annoncé dans la constitution de 1950. discourse than it is to the organization of English discourse. On the other hand, as discussed in the previous section, at least some of this difference stems from a syntactic divergence between English and French as regards verb raising. This section has advanced that, alongside syntactic differences between English and French, divergent placement patterns may reflect differences at a more rhetorical level. At this stage, however, it remains difficult to determine the respective parts played by syntactic differences on the one hand, and rhetorical factors on the other. In any case, the rhetorical potential of connector placement covered in this section may explain why, in spite of the differences in overall word order flexibility that exist between English and French, no significant difference in flexibility was uncovered at the specific level of adverbial connectors. As Lenker (2011: 1) puts forward, as adverbials are the only sentence constituents that remain mobile in present-day English, the mobility of adverbial connectors in English serves precisely to make up for an otherwise very rigid ‘subject-verb-object’ structure. The raw frequencies are provided in Appendices 3 and 4. The occurrences of il n’en reste pas moins que, il n’en demeure pas moins que, il n’en est pas moins que were disregarded in the present analysis. These sequences function as extended cohesive units of contrast and will be investigated at a later stage of our work, together with a set of other non-adverbial sequences such as il reste que or it remains that. of adverbial connectors varies from one item to another. This calls into question the relevance of formulating general rules of placement for a language as a whole, as is usually the case in grammars and textbooks. These findings corroborate Hoey’s (2005) theory of lexical priming, which postulates that each word has a series of specific features in terms of collocation, colligation, semantic preference, register and stylistic features, but also positioning. They also support Sinclair’s (1991) view of language, which posits the inseparability of lexis and grammar. The results obtained for the connector though in Table 5 are particularly intriguing. Firstly, it was quite surprising to find such a high frequency of this connector in a corpus of formal writing, as this adverb is usually associated with informality (see Quirk et al. 1985: 632). In addition, it was expected that though used as an adverb would be found mostly, if not exclusively, in final position (ibid. 643). The corpus data shows that only a small proportion of the occurrences of though (6.9%) occurred in rhematic 3 position. Instead, the large majority of occurrences of though were found in rhematic 1 position (75.9%), as in (65). (65) If the cuts are made permanent, as Mr. Bush wants, the cost would be $780 billion. Taxpayers, though, aren’t going to tolerate -- nor should they -- being swept into an alternate tax universe that hits them with big, unanticipated bills. unexpected mobility of though in the corpus may occur as a means to produce effects that this connector would not need to produce in speech, as they would be ensured by other elements. Compare, for example, (66a) and (66b), where (66a) is the original written version of the example found in the corpus, and (66b) is a modified version of (66a), where small caps represent the stressed element. In (66b), the contrast between the Conservatives, on the one hand, and Mr Hoon, on the other, is already ensured by stress, thus making the use of though in rhematic 1 position somewhat redundant. In addition, it may in fact be the case that the prevalence of the initial (or thematic 1) position, while not supported by the evidence obtained from a written corpus, is attested in speech, as this mode has a fairly limited use for connectors in medial positions (i.e. rhematic 1 and 2). This hypothesis is in line with Biber et al.’s (1999: 891) findings, which reveal a considerable difference in percentage of medial connectors between academic writing (c. 40%) and conversation (less than 2.5%). (66) (a) The Conservatives agree. Mr Hoon, though, sees things differently. (b) The Conservatives agree. MR HOON sees things differently, though. Throughout this study, three main factors have been demonstrated to affect connector placement: language-specific syntactic, rhetorical and lexical factors. These three aspects may seem hard to reconcile, and it is undoubtedly challenging to assess the part played by each of them. For example, there might seem to be a tension between the lexical component and the rhetorical effects achieved by connector positioning. However, for instance, occurs predominantly in rhematic 1 position, while plutôt is usually placed in rhematic 2 position and even so occurs almost exclusively in thematic 1 position. The question arises of whether these profiles are predominantly defined by the intrinsic lexical features of each item, or by their rhetorical functions in discourse. One way of resolving the tension between those two factors would be to postulate a correlation between a given connector and the creation of a specific rhetorical effect. This means that however would be closely associated with the explicit signalling of a topical shift; plutôt would often combine its connective function with a role of partitioner of information structure; and even so would typically perform a strictly connective function. Further research is needed to disentangle the respective contribution of each factor. thematic structure, such as the type of thematic progression or the presence of a marked Theme, may also influence connector placement. The extent of the role of these elements should be investigated in future studies. In addition, the role of the lexical factor has merely been touched upon here and would deserve further attention in a future study. In the context of such lexical analyses, it might be valuable to refine the notion of contrast, providing a fine-grained semantic analysis of the meaning aspects of each adverb. The notion of adverbial scope might also be worth investigating in future research. It should be borne in mind that the results reported in the present article only pertain to adverbial connectors of contrast, investigated in one register only. They might have been significantly different if another semantic relation had been investigated. It would also be extremely fruitful to investigate the placement patterns of these adverbs in various written registers, especially as it is now well-established that register variation can have an effect on cross-linguistic differences (see Lefer and Vogeleer 2014). In future research, I intend to examine whether both the placement patterns of each language and the differences between them are fairly stable across registers or whether they are significantly affected by register variation. I also plan to investigate connector placement in translation, as positional changes from the source texts to the target texts may provide valuable information on differences between the two languages, as well as on the individual positional profiles of the connectors. References Altenberg, Bengt. 1998. Connectors and sentence openings in English and Swedish. In Corpora and Cross-linguistic Research: Theory, Method and Case Studies, Stig Johansson and Signe Oksefjell (eds.). Amsterdam and Atlanta: Rodopi, 115-143. la langue française, David Banks, Simon Eason and Janet Ormrod (eds.). Paris: L’Harmattan, 41-65. De Cesare, Anna-Maria. 2010. On the focusing function of focusing adverbs: A discussion based on Italian data. Linguistik Online 44(4): 99-116. Dehé, Nicole and Yordanka Kavalova. 2007. Parentheticals. An introduction. In Parentheticals, Nicole Dehé and Yordanka Kavalova (eds.). Amsterdam and Philadelphia: John Benjamins, 1-22. Downing, Angela. 1991. An alternative approach to theme: A systemic-functional perspective. Word 42(2): 119-143. Dupont, Maïté. 2013. Contrastive relations in English and French editorials. MA dissertation, Université catholique de Louvain. Dyvik, Helge. 1998. A translational basis for semantics. In Corpora and Crosslinguistic Research: Theory, Method and Case Studies, Stig Johansson and Signe Oksefjell (eds.). Amsterdam and Atlanta: Rodopi, 51-86. Fries, Peter H. 1994. On Theme, Rheme and discourse goals. In Advances in Written Text Analysis, Malcolm Coulthard (ed.). London: Routledge, 229-249. Fries, Peter H. 2002. The flow of information in written English text. In Relations and Functions within and around Language, Peter H. Fries, Michael Cummings, David Lockwood and William Spruiell (eds.). London: Continuum, 117-155. Green, Christopher F., Elsie R. Christopher and Jacquelin Lam Kam Mei. 2000. The incidence and effect on coherence of marked themes in interlanguage texts: A corpus-based enquiry. English for Specific Purposes 19: 99-113. Greenbaum, Sidney. 1969. Studies in English Adverbial Usage. London: Longman. Grevisse, Maurice and André Goosse. 2011. Le bon usage: Grammaire française. Bruxelles: De Boeck-Duculot. Gries, Stefan Th. and Sandra Deshors. 2014. Using regressions to explore deviations between corpus data and a standard/target: Two suggestions. Corpora 9(1): 109136. Grieve, James. 1996. Dictionary of Contemporary French Connectors. London: Routledge. Halliday, M.A.K. 2006. Afterwords. In System and Corpus. Exploring Connections, Geoff Thompson and Susan Hunston (eds.). London: Equinox, 293-299. Halliday, M.A.K. and Ruqaiya Hasan. 1976. Cohesion in English. London: Longman. Halliday, M.A.K. and Christian M.I.M Matthiessen. 2004. An Introduction to Functional Grammar. London: Hodder Arnold. Hannay, Mike and María de los Ángeles Gómez González. 2013. Thematic parentheticals in Dutch and English. In Contrastive Discourse Analysis. Functional and Corpus Perspectives, Maite Taboada, Susana Doval Suárez and Elsa González Álvarez (eds.). London: Equinox, 94-122. Hasselgård, Hilde. 1996. Where and When: Positional and Functional Conventions for Sequences of Time and Space Adverbials in Present-day English. Acta Humaniora 4, University of Oslo, Faculty of Arts. Oslo: Scandinavian University Press. Hasselgård, Hilde. 2004. The role of multiple themes in cohesion. In Discourse Patterns in Spoken and Written Corpora, Karin Aijmer and Anna-Brita Stenström (eds.). Amsterdam and Philadelphia: John Benjamins, 65-87. Hasselgård, Hilde. 2010. Adjunct Adverbials in English. Cambridge: Cambridge University Press. Hoey, Michael. 2005. Lexical Priming. A New Theory of Words and Language. London and New York: Routledge. Jacobson, Sven. 1964. Adverbial Positions in English. Stockholm: Studentbok. Knott, Alistair. 1996. A data-driven methodology for motivating a set of coherence relations. PhD dissertation, University of Edinburgh. Kunz, Kerstin and Erich Steiner. 2013. Towards a comparison of cohesive reference in English and German: System and text. In Contrastive Discourse Analysis. Functional and Corpus Perspectives, Maite Taboada, Susana Doval Suárez and Elsa González Álvarez (eds.). London: Equinox, 208-239. Le Draoulec, Anne and Myriam Bras. 2006. Quelques candidats au statut de “connecteur temporel”. Cahiers de grammaire 30: 219-237. Lefer, Marie-Aude and Svetlana Vogeleer (eds.). 2014. Genre- and Register-related Discourse Features in Contrast. Special issue of Languages in Contrast 14(1). Lenker, Ursula. 2010. Argument and Rhetoric. Adverbial Connectors in the History of English. Berlin and New York: Mouton de Gruyter. Lenker, Ursula. 2011. A focus on adverbial connectors: Connecting, partitioning and focusing attention in the history of English. In Connectives in Synchrony and Diachrony in European Languages, Anneli Meurmann-Solin and Ursula Lenker (eds.). Eurospeech’2003, vol. 5: 2035-2039. Budapest. Scott, Mike. 2012. WordSmith Tools 6. Liverpool: Lexical Analysis Software. Sinclair, John M. 1991. Corpus, Concordance, Collocation. Oxford: Oxford University Press. Taglicht, Josef. 1984. Message and Emphasis. On Focus and Scope in English. London: Longman. Thompson, Geoff. 2014. Introducing Functional Grammar. London and New York: Routledge. Thompson, Geoff and Susan Hunston (eds.). 2006. System and Corpus: Exploring Connections. London: Equinox. Trévise, Anne. 1986. Is it transferable, topicalization? In Crosslinguistic Influence in Second Language Acquisition, Eric Kellerman and Michael Sharwood Smith (eds.). New York: Pargamon, 186-206. Vinay, Jean-Paul and Jean Darbelnet. 1995 . Comparative Stylistics of French and English. A Methodology for Translation. Amsterdam and Philadelphia: John Benjamins. Virtanen, Tuija. 1992. Discourse Functions of Adverbial Placement in English. Åbo: Åbo Akademi University Press. Report "1 Word order in English and French The position of ..."

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Discussion in 'Official GBAtemp Reviews' started by Another World, Jun 10, 2010. The SuperCard DSTWO (SCDS2), released by Team SuperCard, has been dubbed the 2nd generation of DS Slot-1 Flash Kits. Since the introduction of Slot-1 Flash Kits, users have continually desired new features, better support, and advancements from the developers. The SCDS2 attempts to appease the user with an on-board CPU capable of GBA Slot-1 emulation. Team SuperCard has additionally promised SNES emulation, drag/drop video playback, on-the-fly anti-piracy advancements, an in-game menu system, slow-motion, soft-reset, a real-time cheat editor, and more. This review will focus on the current DSTWO EOS v1.02 firmware and its features. Features not currently available will be mentioned and discussed based on publicly available information. The review kit will be tested on a DSi XL and a 2 GB Japanese Kingston microSD card. NDS compatibility will be tested with both NDS Homebrew and NDS ROMS and the GBA EMU will be tested with both GBA Homebrew and GBA ROMs. All review photos will be taken using the “SILVER” EOS v1.02 included theme. Real time functions: real-time save, real-time game guide (txt, bmp, jpg), and real-time cheat. Multi-saves (up to 4 slots), easy to back-up and restore saves. Unlimited microSD storage space support. SDHC support. FAT or FAT 32. Action slow motion (4 levels). File management system (copy, paste, cut, and delete). Long file name support. E-book in .BMP, .JPEG, .JPG, .PNG, .TIF, .GIF, .TXT, and .PDF formats. The list includes the phrase “unlimited microSD storage space support,” a selling tactic lie for which I have no appreciation. The included paper manual has an image of a microSD card and the box includes the phrase “SDHC” and a printed SDHC logo. This card clearly only supports SDHC external media, and as consumers we know that the limitation of SDHC cards is 32 GB. The list mentions SNES emulation, something which has not yet been implemented by Team SuperCard or the EOS Operating System. E-book support includes a listing of mostly image formats and skips some dedicated E-book formats (.EPUB, .LIT, .LRF, .MOBI, etc). I would have preferred that the image formats were listed under an appropriate Image heading and for .TXT and .PDF to remain under the E-book heading. The feature list lacks any mention of video/multimedia formats. The card was publicized as supporting drag/drop video codec playback. This is another feature not yet implemented by Team SuperCard or the EOS Operating System. Oddly there is no mention of the “plug-in” system for creating custom icons used as launching points for NDS Homebrew and NDS ROM files. This is an interesting feature which not only helps organization through a favorites list but provides a way for users to personalize their theme. The SCDS2 ships in thin matte black colored cardboard box. The box measures approximately 5 and 1/2 inches by 3 and 3/4 inches by 3/4 of an inch. The left and right sides of the box fold inwards and secure with a cardboard flap. The box is printed with the “SuperCard” logo on all sides but the bottom. The top of the box includes a shiny DSTWO logo, a SuperCard Team logo, and a SDHC logo. The bottom of the box includes 3 shiny firmware screen captures of the EOS software. Also found on the bottom of the box is the official “Engrish” features listing and an official SuperCard URL (www.supercard.sc). The box protects a thin plastic felt covered tray which slides in snugly and holds the SCDS2 and the microSD reader. Both of these items sit tightly into their respective cutouts, so well are they contained that users have reported damaging the shell of their SCDS2 while attempting to remove it. Removing either item is a simple as pulling out the tray and pushing on the back side to allow the item to lift away from the packaging. Under this tray sits the paper user manual and leather wrist strap. The wrist strap was not initially available for pre-ordered kits and later SCDS2 offered the strap as an additional purchase for resellers, causing each reseller to manually insert the wrist strap into each box. As a result of this some users have purchased a SCDS2 and not received the wrist strap, thus making it optional for the reseller and a random bonus for the buyer. The included microSD reader measures approximately 1 and 3/4 of an inch by 5/8ths of inch by 2/8ths of an inch. The black colored plastic shell feels smooth and sturdy to the touch. The USB connector is protected by a clear plastic cover which slides and locks into the plastic shell. If the cover is reversed it will not lock shut and should not be forced. This microSD reader is a functional alternative and a nice addition to the internal packaging contents, however, it is much larger than my preferred solution and from a generic manufacturing factory. The longevity of this microSD reader based on build quality alone seems fairly long, yet only time will tell. The SCDS2 uses a modified shell possibly based on the AK2i design, and at first glance they look almost identical except for a deeper shade of black and additional insertion guides. Instead of glue, the SCDS2 is held together by a single jewelry sized micro screw and 4 plastic raised inserts. The plastic inserts extend from the stickered back side of the kit and join into matching holds on the opposite side. The entire kit can be pried apart at every point but the lower right hand area surrounding the micro Phillips head screw. The back side of the PCB which contains the main chip is held fast to the shell thanks to the residue of the stickered label. The microSD slot is located on the left hand side of the SCDS2. The PCB has 17 connection teeth and 10 plastic guide points. The kit itself measures approximately 1 and 2/8th inches by 1 and 1/4 inches by 1/8 of an inch. The SCDS2 feels relatively sturdy yet not so well secured. It is much too easy to separate the shell halves from one another. The bottom of the PCB is flat against the shell resulting in optimal contact with the NDS Slot-1 connection teeth. The addition of 10 plastic guides gives this card a slight connection advantage over other Slot-1 Flash Kits that I have used. The microSD slot aggressively grips the card and I find it difficult to remove the card at times from the SCDS2 shell. The spring loaded microSD slot feels as familiar as any Slot-1 spring loaded Flash Kit. This kit is relatively new I can not yet comment on the integrity of the spring. There is always the chance that the spring could fail, with moderate respected use I would expect the spring to last. The SCDS2 fits snug into the DSi XL and extremely tight into the NDS Lite. The card is difficult to remove from the NDS Lite due to the protruding chip and over extended stickered label. Although I have actively sought out an official confirmation, user speculation is that the I-Player Flash Kit was also designed by Team SuperCard. Comparing both the I-Player and the SCDS2 together one will see the similarities between boxes, packaging materials, paper user manuals, shell designs, PCB designs, emulation software, features list, and more. If the I-Player was a testing ground for the SCDS2 I hope that Team SuperCard has learned their lesson and that the SCDS2 will not repeat the failures of the I-Player. Team SuperCard has allowed their forum “Admin” to leak news of an official SCDS2 Software Development Kit (SDK). Software which will push this Flash Kit away from the competition must incorporate the onboard CPU and one can only dream of the emulation possibilities this card has in store. The future of this Flash Kit design could very well come down to the Homebrew community who may be powerless to do official plug-in compilations without the aid of Team SuperCard and the official SDK. Team SuperCard should begin offering free SCDS2 kits to any established Homebrew author who wishes to develop for this unique Flash Kit (AgentQ, Normmatt & Smiths, Moonlight, Rudolph, Flubba, Simon J. Hall, Alekmaul, etc). If you want to increase sales you need to offer a wide range of exclusive software option. This can be achieved by giving away a handful of SCDS2 Flash Kits along with the SDK to the right Homebrew community contributors. Nothing could come of this but the potential for SCDS2 greatness is worth the effort. The community has put their faith and trust into Team SuperCard and software that does not perform as stated on the box or in pre-release news and publicized advertisements. However, SuperCard has always come from behind to offer support and features for the life of their products. While the initial impressions include disappointment the frequent updates and attempts to support the hardware should be noted. The SuperCard EOS v1.02 software is released archived with 4 main directories. These directories are “_dstwo”, “_dstwoplug”, “moonshl2”, and “NDSGBA”. Each of these 4 directories must be placed in the ROOT of a freshly formatted microSD card. The “_dstwo” directory contains vital system related files, the User Interface theme files, and translated language .TXT files. Users can easily see the influence from the Ackeard R.P.G. software from which the EOS is based, by examining the familiar directory structure. The EOS themes are complex and made up of 54 files not including the additional patch and plug-in related theme files. The “dstwoplug” directory contains EOS shortcut icons commonly called “plug-ins” based on this directories name and not on their actually functionality as external software applications. Each shortcut includes a correctly formatted .BMP image and an .INI file. The .INI file contains a path to the icon file and the name as displayed in the EOS software. The .NDS file itself must also be located in this directory and named the same name as the .BMP and .INI files. The following is an examination of the included “MoonShell2” shortcut found in the EOS v1.02 default file structure. To use this shortcut one would place a MoonShell2.NDS file in the same directory as these shortcut specific files. Why they elected to do it this way makes absolutely no sense to me. Users should never be forced into an organizational structure, as each user has their own personal preference for organization. The .INI file could just have easily supported a path to the .NDS file (IE: path=fat1:/homebrew/applications/moonshellv2.10final.nds). The “moonshl2” directory contains the default files found in a normal Moonshell v2.10 installation. The “NDSGBA” directory contains all required files for the Slot-1 based GBA emulator. The EOS GBA EMU v1.21 install defaults on each load to this internal directory. Placing .GBA Homebrew files and .GBA retail ROM dumps into the “gamepak” directory will increase organization and minimize search time. Like the Acekard R.P.G. firmware it is based off of, the EOS software uses a globalsettings.ini file to store various important system related variables. The default file stores many different options than the Acekard firmware. Please be cautious as editing the file directly is recommended for advance users. The globalsettings.ini remains undocumented at this early stage of EOS development. Some items are fairly obvious and others are extremely cryptic. The EOS DLDI file is absent from the directory structure, and has recently been released for download by Team SuperCard.. The EOS software can use the Action Replay usrcheat.dat formatted file. This file should be placed into the “_dstwo” directory and accessed using the included in-game software menu system. GBA .CHT cheat files are placed into the “gamecht” directory and .GBA Homebrew and retail ROM dumps can be placed into the “gamepak” directory. The EOS software is largely undocumented and unsupported for its current stage of development. Users are encouraged to do their own research until this Flash Kit is more efficiently documented. At such a point I will adjust this section of the review to reflect more factual content as I do not want this section to include research based on speculation. The SCDS2 will not skip the NDS firmware’s Health and Safety screen, user must click to advance or wait for this screen to time out. The current v1.04 SCDS2 firmware displays as “Fish Tycoon,” the v1.05 firmware is available but untested for this review. User reports have flooded the SuperCard forums with information about bricked or damaged SCDS2s after the v1.05 firmware upgrade. The v1.05 firmware upgrade is for users who auto-boot their NDS firmware and experienced problems with the SCDS2. This compatibility issue was limited to a handful of cards making the upgrade not advisable at this time. Once the boot-up sequence is triggered the SCDS2 will load the EOS software in under 3 seconds. The EOS software has a similar design to the NDSi official firmware; the main screen contains various icons, the date and time, and a slider bar at the bottom. The top screen of the EOS software displays a still image with the text “It’s Time To Go Beyond DS.” At any point the B button can be pressed in succession to navigate the G.U.I. back to this top menu icon-display screen. The default SuperCard EOS software comes pre-installed with a handful of icons. The included icons are “DS_GAME”, “SLOT2 NDS”, “SLOT2 GBA”, “MoonShell”, and “GBA Emulator”. The first 3 listed icons will boot .NDS files, PassME mode, or Slot-2 Expansion devices, respectively. The last two icons will boot MoonShell or the SCDS2 GBA EMU, these icons are user created and stored in the “./_dstwoplug” directory. Users can alter, rename, or remove various icons from the EOS software. The "DS_GAME" icon can only be renamed by hex-editing the “dstwo.nds” file found in the “_dstwo” system directory. This icon is part of the software and can not be removed. The “SLOT2 NDS” option will boot the NDS PassME mode, launching any NOR flashed .NDS.GBA file into the correct mode. This mode was tested using a few older homebrew projects and I found it to function as expected (IE: DS Heretic). The “SLOT2 GBA” option will boot to the NOR mode of the supported Slot-2 expansion device. There is currently no way to flash to the PSRAM of the 3in1 expansion card and currently no way to backup, restore, or manipulate GBA SRAM save files. The EOS software assumes that the supported card is pre-flashed to NOR with a GBA ROM and that the SRAM battery is fully functional, thus limiting the user experience and discriminating against the vast majority of EZ Flash 3in1 owners. The “DS_GAME” icon boots into a second viewing area which sorts by default visible folders, and files with the .NDS extension. Non-visible folders with their attributes set to “hidden” can only be made visible by using your computer Operating System. Automatically sorting the display based on file extensions is a nice addition which keeps miscellaneous files hidden regardless of their attribute or association. However, users who wish to have more control over their files can additionally sort by NDS & SAV, GBA & SAV, or by ALL file types. The start menu can be displayed by pressing START or by clicking Start on the touch-screen. This menu can be further expanded by pressing RIGHT or A, and retracted by pressing LEFT or B. The top screen displays a clock, the currently browsed file or type (folders display as “folder”, files display using their internal information and icon), and the file name which is limited to 14 characters. The Start menu provides the user with a minimalistic approach to firmware/software manipulation. As a result the EOS software has less of a learning curve but provides fewer options for tweaking the end experience. This experience is unlike the AKAIO firmware, where many options can be tweaked thus increasing the compatibility of the firmware and ROM files. The EOS user must rely on the SuperCard team for improvements, fixes, compatibility updates, and more. The start menu offers basic file operations including copy, cut, paste, and delete. These options are limited to 1 file type at a time; a .SAV file can not be moved or removed at the same time as an .NDS file, for example. The second start menu option provides a way for users to select skins found in the “./_dstwo/ui” directory. The default EOS v1.02 install includes the English, Chinese, French, Italian, German, Spanish, and Korean languages. Languages can be quickly and easily set through the start menu language area. The systems settings provide options for adjusting the display (icon or list), the brightness level (NDS Lite only, 1-4), the hotkey (.NDS retail ROM dumps' in-game menu key combination), and the previously discussed file display (NDS, NDS & SAV, GBA & SAV, ALL). The last start menu option displays a help menu which provides basic navigation information and the current EOS build number. The currently implemented in-game menu functionally is limited to .NDS retail ROM dumps, Homebrew files are not supported. However, as of EOS v1.02, any Homebrew file capable of executing the “reset2desktop.nds” can soft-reset back to the main EOS icon display screen without accessing the in-game menu. The problem with this design is that older Homebrew files may be forgotten projects which will never be recompiled to access this .NDS soft-reset method. The .NDS retail ROM in-game menu button combination is completely configurable in real-time from within the key combination window. The bottom right area of the tool bar contains 3 icons. The light build icon can adjust the backlight setting of the NDS Lite and the arrow back icon will navigate back one directory. The EOS software offers an icon based view and a list based view. The icon based view can display 12 items on the screen while the list based view can display 4 items on the screen. Both views display an icon and the file name, however, the icon based view truncates the file name between 6-8 characters when not highlighted and between 11-13 characters when highlighted. The list based view truncates the file name at 30 characters when highlighted and 32 characters when not highlighted. Once a file is highlighted execution can begin by either clicking on the file icon or by pressing A while in the icon list view. When using the list view, execution can begin by either clicking to the left of the icon or by pressing A. Loading beings with an EOS splash screen and can range anywhere between 2-30 seconds depending on the file. All .NDS retail ROM dumps load between 2-4 seconds, where some Homebrew projects took as long as 30 seconds to initialize (IE: Dawn Seekers). The in-game menu can be accessed by entering the user-submitted control sequence. The in-game menu, as previously stated, only functions with .NDS retail ROM dumps. Once the key combination is pressed the users is presented with options to reset back to the top EOS menu, open a gaming guide (.TXT, .BMP, .JPG), enter cheat codes (usrcheat.dat), save/load save-states, initialize slow-motion (0%, 25%, 50%, 75%, 100%), or access the on-the-fly “free cheat” engine. Most selection can be manipulated with either the touch screen or a combination of the D-pad and buttons. The B button will exit out of any menu and go back one level, the top most level being the game itself. The only way to soft-reset back to the EOS top menu is by clicking on to top left icon, there is no button combination for this menu option. The in-game menu options will be discussed from top left to bottom right. Save-state saving and loading will be discussed under one grouping. Each of the options will include a photo below of what the user can expect to see and any relevant SCDS2 related information. The top left icon allows the SCDS2 to soft-reset back to the top EOS menu. This icon can not be accessed using any D-pad or button combinations and requires the user to physically press the touch-screen to activate it. The top EOS menu holds user created shortcut icon “plug-ins”, Slot-2 booting options, etc. Users who wish to continue playing .NDS Homebrew or retail ROM dumps will need to select the “DS_GAME” icon following each soft-reset, something which quickly becomes an annoyance. “Game guides” must be placed in the same directory as the .NDS retail ROM dump and given the same name. (IE: 0142 – Metroid_Prime_Pinrball.txt). The included literature states that .JPG and .BMP (24bit) are usable guide formats, however it appears that .JPG is not currently supported. Multiple guides can be hosted in the same directory by adding increasing single trailing digits to the file name. Users can also mix .TXT and .BMP guides into the same directory without the trailing digit. Once the .TXT guide is loaded the text will display using a golden font color on a darker background, which I found very easy to read in both light and dark settings. Text based guides can be scrolled up or down by using the D-pad, with left or right acting as quick-skip keys. Image based guides can be scrolled right-left and top-bottom using the D-pad. The EOS software will store the X and Y coordinates of the last viewed image based guide, subsequent viewings will resume at the previous coordinates making image based map viewing easier to pick back up. Pressing B will exit out of the current window and go back one menu level. The EOS software offers 4 slots to save and load “save-states” to and from. Pressing A on any of the 4 available save slots will create an .RTF* file in the game's directory, save-states made by pressing A will be named by the current date and time within the EOS software. Pressing X on any of the 4 available save slots will present the user with a keyboard, which can be used for entering custom save-state names made up of alphanumeric characters with no spaces. Selecting “OK” will exit out of the keyboard window and back into the current .NDS retail ROM dump. Loading a save-state is executed by Pressing A on any of the available save slots, loading a save-state will exit out of the “loading” window and back into the current .NDS retail ROM dump. Pressing B will exit out of the current window and go back one menu level. The .RTF* file is created using a increasing numerical value, where 0 is save slot 1 and 1 is save slot 2, etc. Save-states made using the keyboard will contain the user created save-state name before the .RTF* file extension. “Slow motion” presents the user with the ability to slow down the game play between 0% and 100%. The 100% option is not a true 100%, as the game play does not come to a stop, and it would be easier to think of the settings as 4 speed choices instead of percentages of speed. Upon exiting this window users will be presented with the option to save or cancel the current level setting. Pressing B will exit out of the current window and go back one menu level. The “cheat code” option presents the user with selectable cheats from a properly formatted usrcheat.dat file. The usrcheat.dat file must be placed into the “./_dstwo” directory. The cheat menu can be accessed using a combination of the D-pad and buttons, or by using the touch-screen controls. Cheats can be checked on or off, and the entire selection screen can be cleared by clicking on the top right “clear all” icon. The cheat database can be scrolled up or down by using the D-pad, with left or right acting as quick-skip keys. However, the cheat names themselves can not be scrolled causing any text longer than 39 characters to be truncated. Multi-grouped cheats can be expanded by clicking on the “+” symbol or by pressing A, however, there are no touch screen controls for navigating back 1 level. Pressing the A button turns cheats on or off, and pressing the B button will exit out of the cheats menu and into the current .NDS retail ROM dump. Entering the cheat menu for a second time, if no cheats are altered, the pressing of B will go back 1 menu level instead. Recent .NDS retail ROM dumps which do not contain usrcheat.dat entries will benefit from the “free cheat” mode. Using this mode the user can compare and adjust game values, find and modify cheats, hacks, and more. The “free cheat” mode provides users with the ability to search values and to organize discovered cheat or hacks. 1. Use the fuzzy search "equal" mode. 2. Create a save-state for the ROM. 3. Narrow the results by using > or <. 4. If a wide range of results are displayed, load the save-state. 5. Then perform another search to narrow the results even further. If you are playing a game that has health which decreases, for example, you run fuzzy search on equal mode to get the initial values. After the search is performed you make a current save-state for the ROM. Resume the game and when the character’s health decreases load and use the fuzzy search mode once again. Set the compare type to “less than” to find all values that have decreased from the previous search. Continue to perform these steps until only a few results remain as the character is beginning to run low on health. Finally load the save-state and then search for values that have increased using the “more than” mode. Only the values which you have previously found, and which have now increased due to loading the older save-state, will be displayed. These values are the potential location of the character’s health level. The SCDS2 GBA EMU is launched by pressing A on the main menu's GBA default plug-in icon. This icon executes the GBA.plg file found in the “_dstwoplug” directory. The GBA EMU will load approximately 6 seconds after the loading process has been initialized. Users are initially presented with a “no game loaded!” message on the top screen and an icon based file system on the bottom screen. The v1.21 software revision features 6 icons and 3 buttons. The icons read “video/audio”, “save state”, “cheats”, “tools”, “other”, and “exit”, and the buttons read “new”, “restart”, and “return”. The “video/audio” options are game fast-forward (off/on), frame skip type (auto/manual), frame skip level (0-9), and sound switch (on/off). Game fast-forward works just like it sounds. Once it is turned on and the game is resumed, the game will fast forward approximately 10 frames per second. This can be used to skip annoying long intros or lengthy sections of text in previously played titles. Frame skip is a necessary evil for most GBA retail ROM dumps, and yet appears to do nothing to enhance GBA Homebrew titles. Leaving the Frame skip on “auto” had the best results for a large percentage of tested GBA retail ROM dumps. Each setting in this menu must be set on a per-file basis, and the loading or unloading of each file resulted in these settings returning to their default levels. The “save state” selection offers the user options to save, load, and delete save-states. Each .GBA file can have a total of 10 save-states at any one time. Save-states are stored in the “./NDSGBA/gamerts” directory and indexed by a trailing number which is directly associated to the save-state menu position. When a save-state is present, the icon box will be filled in and the top screen will display a screen capture of the game taken when the save-state was initialized. Save-states can only be manipulated during the emulation of the associated GBA file. The “cheats” section manages GBA .CHT formatted cheat files. Users can load a total of 30 cheats (3 per 10 pages) for 1 cheat file. The cheat file is loaded into the EMU using the “load cheat file” button found at the bottom of this menu section. • Add cheats under a game (Action Replay/Gameshark codes supported). • Produce a compatible .CHT file. The “tools” section has options for screen snapshots (screen captures), key pad remapping, and a roll-back feature formally known as the “sands of time.” Screen snapshots can be taken or browsed, while browsing users can view a slide show of saved screen captures. Once a captured image is loaded it may remain on the screen during various other option setting and EMU tweaking. Screen snapshots are stored in the “./NDSGBA/gamepic” directory as a 112 KB 240x160 24 bit depth .BMP formatted file. The key pad remap area allows users to reassign the A and B buttons, as well as setting a Rapid Fire selection for each of these buttons. The roll-back feature will save and load a save-state between .2 and 10 seconds, and operates like a generic rewind feature allowing users the ability to cheat death. Once turned on the roll-back feature is accessed by pressing L+Y at the same time. This roll-back feature must be initiated on a per-file bases, as with all of the other EMU options and settings. The “other” selection allows users to adjust the CPU frequency (1, 2, 3, 4), change the GBA EMU G.U.I. language, view the free space of the microSD card, initialize default settings, and view the version information (version/revision number). The “exit” icon will soft-reset out of the GBA EMU and back into the EOS top menu icon based "plug-in" display. The “new” button opens a window for browsing .GBA files, users can browse from a list of new files or recently played files. The “new games” option will open the “./NDSGBA/gamepak” directory by default, with the added option to browse the entire microSD card. To speed up game selections it is advisable to store your .GBA files into this directory, although this is not a requirement. The “latest recently played games” option will sort by a list of recently accessed files regardless of their current availability on the microSD card. Files can load using the most recent save-state, allowing users to pick up exactly where they left off. Users who wish to use this option are encouraged to make a save-state before taking a file execution break. The “restart” button will soft-reset a .GBA file and reload it for emulation. The “return” button resumes the current emulation; after any options are adjusted this button or the B button are required to implement those changes. Making system adjustments (frame skip, etc) and reloading a .GBA file will result in those adjustments being changed back to the default settings. The B button will go back one directory listing for most menus, however, during game selection the B button will go back one directory listing into the microSD card. In the game selection menu pressing Y will return the software back to the top menu. Users should be aware that the SCDS2 GBA EMU features no touch sceen controls of any kind. Many planned features have yet to be released for the EOS software, and some have already been implemented to a less than desirable level of functionality and compatibility. The following is a listing of the features which were either mentioned during press releases or as hype from the original team. As previously stated, the Slot-2 GBA mode is limited to NOR mode only. The EOS software assumes the user has a game flashed into NOR and that the Slot-2 solution contains a working SRAM battery. The EOS software contains no PSRAM flashing options or SRAM save utilities. Users who wish to use these 3in1 features should rely on GBA Exploader. The in-game menu functions as expected on a majority of NDS retail ROM dumps, however, in some cases the menu fails to load. More recent game dumps suffer from a “black line” flickering of the in-game menu itself, making it difficult to pick options base purely on sight. The in-game menu is limited to NDS retail ROM dumps and will not function on NDS Homebrew files. I would not expect all options to work with Homebrew files, however, save-states and in-game guides would be a wonderful addition for supported Homebrew files. In-game guide supports .TXT and .BMP files. The .BMP image files must be saved with a 24-bit depth. Slow-motion works on a majority of files with varied results. For the majority of files this feature works as expected and can be adjusted in real time. However, with some files this feature causes graphical bleeding, layering issues, and other similar problems. Automatic DLDI patching works in most cases but has some problems. Some NDS Homebrew projects will only be patched if launched directly from their microSD card directory, attempting to launch the same file through the shortcut icon “plug-in” feature will result in a failed DLDI patch. On-the-fly anti-piracy (AP) patching appears to function correctly. However, some users have reported AP patch failure. Slot-1 GBA Emulation is functional while being extremely buggy. Many GBA Homebrew files failed to function correctly with the EMU. In addition to Homebrew, GBA retail ROM dumps have also failed by causing the emulator to crash. The emulator experiences sound problems, graphical issues, faster than expected emulation, and Homebrew menu accuracy inconsistencies. The EOS software is incredibly customizable though user made G.U.I. themes. The software contains so many images that the SCDS2 community is currently guessing at the purpose of some images. The icon and list based view modes are limited by the amount of text each mode allows. The icon mode uses extremely large icons allowing for only 4 files to be listed at one time. Neither mode incorporates any text scrolling; names which are too long are simply truncated. The SCDS2 is fully updatable in the event of a future official DSi block. The current v1.04 firmware suffers from a NDS Lite auto-boot incompatibility. Team SuperCard released a v1.05 firmware to address this problem. However, the recent firmware update has been reported to render some cards useless. GBA Homebrew and GBA retail ROM dumps were tested on a DSi XL using a 2 GB Japanese Kingston microSD card formatted with the Panasonic Formatting Tool. Various features of the SCDS2 GBA EMU were tested at random to determine their efficiency. The GBA EMU v1.21 was used for all testing along with the gpSP "game_config.txt" file. Each result is listed below by Homebrew or ROM name followed by a color coded phrase. Green colored phrases mean the file performed as expected with no problems. Blue colored phrases mean the file performed with some problems. Problems could include speed issues, compatibility problems, graphical issues, sound distortion, etc. A generalized listing of encountered problems will be added next to each appropriate section. Red colored phrases mean that the file failed. Failed files were additionally tested on a GBA PC Emulator. I attempted to test the latest revisions of Homebrew projects. For popular Homebrew projects I tested the most downloaded revision and not the latest BETAs. In regards to GBA retail ROM dumps I tested only N. American dumps verified by CRC against the GBA Good-set listing. GBA Homebrew files suffered from speed issues in the most uncommon of places. For some projects the file's menu was too quickly emulated making it impossible to choose various options. The frame skip feature appeared to not affect the emulation of Homebrew files. With the menu emulation issue, lowering the frame skip to 0 did not resolve the problem. GBA Homebrew files further suffered from sound glitches and graphical problems. Returning from the GBA EMU menu, for example, would often result in a constant “tone” which forced a rebooting of the Homebrew. Graphical glitches were anything from a few bad sprites to completely unplayable Homebrew projects (IE: Powder). There are over 100 GBA Homebrew files worth having in any game collection. Some of the “commercial” quality offerings are completely unsupported by the SCDS2 GBA EMU. This is a serious fault of the code, one I hope they address in a future revision. GBA retail ROM dumps have a higher compatibility rate. The list of known problematic files is far smaller than the list of known working files. Save files function as expected, even AKAIO saves stripped of their 16-byte header. Save-states work very well and caused no problems for the files this feature was tested on. Some games require frame skip to perform optimally, in these cases the best results were achieved by keeping the frame skip setting on “auto.” Some games were emulated much too quickly regardless of the frame skip level (IE: Doom). The Game Fast Forward option works wonderfully well and aided during the testing of some games with extremely lengthy intros (IE: Metroid Fusion). Both GBA Homebrew and GBA retail ROM dumps compatibility is far from perfect and recent updates to the EMU have included only minor enhancements. The inclusions of a Real Time Clock and various G.U.I. improvements have been addressed over Homebrew and ROM capability. The SCDS2 GBA EMU is very usable in regards to GBA retail ROM dumps and at times enjoyable with GBA Homebrew. Users who are looking for the ultimate Slot-1 GBA solution may be disappointed, especially those who specifically enjoy GBA Homebrew. The SCDS2 EMU is a port of the Dingoo GBA EMU which is a port of gpSP. Thanks in part to the Dingoo SDK gpSP was able to be ported to the I-Player and in turn compiled for the SCDS2. The ported gpSP EMU can utilize an external file called “game_config.txt”, a file which helps to tweak the emulators performance through the external manipulation of various EMU based variables and settings. The “game_config.txt” file should be placed into the NDSGBA ROOT folder, and will allow for many games, not officially supported, to play as expected. The Another World Homebrew file by Foxy has an entry in the “game_config.txt” file, and this file is required to get this exceptional commercial quality Homebrew port up and running. It begs the questions if other Homebrew files can be fixed by using this file, one can only hope that the Homebrew community will insert the correct lines of information into the "game_config.txt" file to help improve GBA Homebrew compatibility. NDS Homebrew and ROMs were tested on a DSi XL/DS Lite using a 2 GB Japanese Kingston microSD card formatted with the Panasonic Formatting Tool. Various features of each Homebrew file were tested at random to determine their efficiency (saving, loading, mods, wads, etc). The SCDS2 EOS in-game menu options were tested at random on a grouping of NDS ROMs and no single ROM received testing of each possible option. The results are listed below by Homebrew or ROM name followed by a color coded phrase. Green colored phrases mean the file performed as expected with no problems. Blue colored phrases mean the file performed with some problems. Problems could include speed issues, compatibility problems, graphical issues, sound distortion, etc. A generalized listing of encountered problems will be added next to each appropriate section. Red colored phrases mean that the file failed. Failed files were additionally tested on a NDS PC Emulator. I attempted to test the latest revisions of Homebrew projects. For popular Homebrew projects I tested the most downloaded revision and not the latest BETAs. In regards to NDS retail ROM dumps I tested only good/clean dumps verified by CRC against the ADVANsCEne listing. NDS Homebrew files experienced randomly occurring issues with DSi compatibility, DLDI patching, and EOS software problems. Some Homebrew files experienced touch-screen problems on the DSi, while the same file performed as expected on the NDS Lite. The EOS software can not DLDI patch every Homebrew from the icon based shortcut “plug-in” menu, and on occasion DLDI patching failed on files launched directly from their microSD directory. Operation Libra has become my personal test file for Homebrew compatibility. The game was developed for a coding competition using a Flash Kit, yet it continues to fail on every kit I have tested it on. There was no surprise when it failed on the SCDS2, while the file continues to function correctly on NDS PC based emulation software. The SCDS2 does not currently support Homebrew soft-reset, a feature which does exist on the SCDS1. Team SuperCard has instead implemented an .NDS file which can reboot the EOS firmware without a hard-reset, however this file can only be executed by Homebrew that can access it (IE: MoonShell). Users have reported that some Homebrew files will not function on the DSi while the same files work as expected on the NDS Lite. Speculation for this failure does not include DLDI patching, but a SCDS2 DSi firmware incompatibility. Retail NDS ROM dumps performed better than expected in regards to the tested files. On-the-fly anti-piracy (AP) patching appears to be working as publicized. However, some users have reported anti-piracy patching failure. Tested ROMs were played between 20 and 60 minutes, and the possibility remains that the affected AP areas were simply not experienced. The in-game menu is somewhat buggy and fails to load on the occasional NDS retail ROM dump. In addition, some features do not perform as expected or cause graphical glitches. Save-states, cheats, and in-game guides performed without any compatibility issues. In regards to Castlevania - Portrait of Ruin, the issue is coding based on the part of the developer. A patching method is required for this ROM to function correctly on any Flash Kit. Users who contest this statement are advised to research the AKAIO firmware fix for this known threading bug. This fix was added into the open-source R.P.G. firmware and later used by the most popular Flash Kit firmware solutions. I had assumed that Team SuperCard would have implemented this fix, and was disappointed to experience the infamous “freezing issue” on the SCDS2. Over all, NDS retail ROM dump compatibility was very high, in regards to tested files, with various problems almost completely related to the in-game menu and its supported features. The SCDS2 is a lesson for buying into the hype of pre-release information, advertisements, and official team comments. The card was publicized to contain SNES emulation and movie support, two features which did not make the release date. Users who preordered the card may have been disappointed by the buggy EOS software, lack of features, and poor build quality. The SCDS2 was in development for a year and Team SuperCard has paid attention to the community. The SCDS2 offers many features that other development teams can not. The SCDS2 has recompiled the I-Player Homebrew GBA emulator, offering a GBA Slot-1 only solution for the NDS and DSi. The team promises SNES emulation to be released shortly with video support to follow soon after. Team SuperCard may not have been able keep up with the publicity and hype, but they are managing to release supported software updates. Team SuperCard has always stuck by their products, they have continued to this day to support their cards, offer a forum where the community voice can be heard, and push the level of Slot-1 possibilities. The future for this card looks very bright as long as the team continues to actively support their product. The SCDS2 has a below average build quality, with no clips, screws, or glue, around the outer edge, the card can easily be separated and possibly damaged. The most important elements of the SCDS2 (control chip, RAM chip, etc) are located under the sticker in a windowed shell, where little protection is provided for these hardware items. The spring loaded microSD slot is untested and the community does not yet know how well it will hold up. The Current SCDS2 EOS v1.02 software is buggy and suffers from problems that occur randomly. The software has DLDI patching issues, DSi touch-screen incompatibilities, Homebrew compatibility issues, in-game menu bugs, NDS retail ROM dump incompatibilities, limited display issues, is lacking long file name scrolling, etc. The software is broken down into so many subfolders that it is hard to keep track of what everything is and why it needs to be there. The SCDS2 GBA EMU has very poor GBA Homebrew support, interface bugs, frame-skip inconsistencies, and other issues. The SCDS2 EOS v1.02 software and its plug-ins are far from perfect, yet the average users will find a well thought out in-game menu that works a majority of the time, very high NDS Homebrew support, excellent NDS compatibility, fully customizable G.U.I. themes, and more. Users should understand that Team SuperCard is not a new team and they should have no problems working out the EOS kinks. There can easily be a fix for each software related bug or problem, we only need to report these issues and allow the team time to fix them. Battery life of the SCDS2 is limited by what applications are running. With the GBA EMU on the 3rd DSi backlight setting I experienced approximately 3 hours of battery life. With other Flash Kit functions I experienced approximately 5 hours of battery life. The normal Slot-1 functions which users commonly use (NDS files, etc) received the same amount of battery life as other Slot-1 Flash Kits (IE: 5-7 hours). I would rate the design of the shell at 4/10. The shell should have been better secured with a windowless design. However, the card is sturdy enough that adult users who respect their toys should not experience any issues with it. Based on the design alone I find it hard to recommend this card to younger gamers. I would rate the EOS software with its known file compatibility, currently experienced bugs, etc at a 6/10. The software does more than other Slot-1 Flash Kits, yet the software is filled with bugs and inconsistencies which can negatively impact the end user’s experience. Once the EOS software is polished and the small issues have been addressed this score will change to an 8/10. For Team SuperCard to earn anything higher they need to better organize the directory structure, add D-pad and button navigation support for every EOS menu (soft-reset, “+” cheat expansion menus, etc), add Homebrew soft-reset support, add long file name scrolling support (for “NDS_GAME” and the cheat window), add Slot-2 PSRAM and SRAM options, and fix the current soft-reset to return to the directory last viewed. Complaints and other issues listed in this review may seem minor to the average user, but after spending over 100 hours in the past 7 days with this Flash Kit I can already see the annoyances and problems that the moderate user may not experience for the next 2-3 months. I find it hard to judge this Flash Kit by its current level of development. For Homebrew users this Flash Kit would receive a bronze award, due to missing features and DLDI support problems. For NDS retail ROM dump users this Flash Kit would receive a Gold award, due to AP patching, the in-game menu, and other exciting features. For GBA users this Flash Kit would receive a silver award, due to the buggy GBA EMU regardless of its uniqueness. Let us not forget the yet to be released SNES emulation and drag/drop video support. Both features have the possibility to fail on some level. These features were mentioned on the box and during official publicized advertisements, and so they should be considered towards the overall award. Until Team SuperCard can iron out the bugs I can not pass judgment on this Flash Kit. After a year of development the SCDS2 should have shipped with fully debugged software, including all of the options on the box, etc. Team SuperCard is releasing updates and I want to provide for them the benefit of the doubt. Therefore, I will reserve a final award until each of the launch features has been released. I will cover the three missing launch features as GBATemp “mini” reviews sometime in the future. During which time Team SuperCard can work to debug the EOS software and included updated features, emulation, etc. After such a point I will reevaluate this Flash Kit and a final GBATemp award can be decided upon. The EOS software is currently battling itself for the high ground. For each thing it does right a bug or other issue can be found. The SCDS2 has the potential to be one of the most memorable DSi compatible Flash Kits, a potential resting on shoulders of the EOS software. Time will tell if this card becomes a classic, I only hope bug fixes for this card are released sooner rather than later. This review was written for GBAtemp.net ONLY. The article and included photos are the property of GBAtemp.net, except for the following. The SCDS2 PCB shots were provided by How_do_i_do_that. The SCDS2 manual scans were provided by Pong20302000. Research was conducted using the SC Forums, IRC, and the GBATemp SC Sub-forum. Special thanks to L551 for all of your help, forum linking, and information! Special thanks to AbraCadvr for providing stuff that made this review possible. Thanks to Vatoloco for additional GBA EMU testing. Thanks to How_do_i_do_that for the PCB images and to Pong20302000 for the manual scans. Thanks to Spikey, Matt140, CannonFoddr, Brien S., and Allustar for additional information. Thanks to ShopTemp for providing the review sample! Thanks to Jimi Hendrix for Valleys Of Neptune, the theme music for this review! Aman27deep, nukeboy95 and XrumerMobi like this. On July 9th, 2010 Team SuperCard released their previously announced E-book software for the SCDS2. The software is officially described as supplementing the EOS software by supporting more text and image formats while providing simple operations and practical user functionality. Originally planned for the SCDS2 review, the iReader v1.0 software was not publically available for testing at launch time. Instead of adding new information into the pre-existing SCDS2 review the iReader plug-in will be tested and discussed as a review supplement. All testing will be performed on the EOS v1.02 software, as was the entirety of the SCDS2 review. In addition a 2gb Japanese branded Kingston microSD card and a DSi XL will be used for all testing. This review supplement will feature two main sections, E-book and images. Each supported file type will be tested for differences, functionality, navigation controls, implementation, and other undocumented problems or missing features. The iReader software features basic file manipulation which should benefit most end-users. Images can be zoomed and rotated in a variety of ways. Portable Document Files can be zoomed, scrolled through, and rotated. Text based files (.TXT, .INI, .HTML) can be scrolled and bookmarked. Text based files also feature font choices, reading modes, background styles, and brightness control settings (DS/DSL only). The iReader software automatically parses supported files by extension type. The software can access .ZIP files as virtual directories, however, these files can only be accessed through the “All” sort option. Archived file support only works with the .ZIP file type but supports any compression setting, .RAR and .7Z file types will list as “?” file icons and remain inaccessible. Choosing the “Book” sort option will display a listing of supported text based files. The “Picture” sort option behaves in the same way and sorts by supported image file types. The “All” sort option displays a listing of every file in the selected directory. File names are truncated to 32 characters including a tilde and a 3 character extension (IE: Super_Mario_Galaxy_2_Guide~1.PDF). As with other EOS software areas this plug-in does not feature any file name scrolling. When viewing the contents of a .ZIP file, names are cut off after 29 characters and end with “…” (IE: 01_Nestopia_GBATemp_WIFI_Nite…). The iReader software lacks support for common E-book file types such as .EPU, .LIT, .LRF, .MOB, .RTF, etc. Instead of a full featured E-book software application Team SuperCard has settled on a text based reader with some basic although useful features. The software scans by supported file types while loading so that sorting happens instantaneously, however, .ZIP files are never scanned for their stored files. This means that sorting by “Book” will not display .ZIP files even if the archive contains supported file types. Text based files (.TXT, .INI, .HTML) load with a default static background and white 12pt font. Single lines of text are automatically wrapped on the default horizontal view at the 35th character. These file types can be further customized to make reading easier for each unique reader’s preferences. By pressing “X” when viewing one of the 3 supported file types the user is presented with a variety of options. Font Settings allows the user to adjust the font size (10pt to 32pt), line spacing (0 to 15), and word spacing (0 to 15). Read-mode Settings allows the user to pick between two different modes (horizontal and vertical) and display on the lower screen, upper screen, or both screens. The vertical dual screen mode will display two pages at one time with wrapped text. A Jump-to Percentage setting allows the user to “jump-to” a specific area of the file by “End of File” percent completion (IE: 50% would be around the middle of the file). Help brings up the same menu which can be accessed by pressing Select. This menu displays directional pad and button combinations which aid navigation. If Help is accessed through the “X” options menu it can not be exited by pressing Select. The Style Settings option presents the user with static background options which display behind the readable “text.” The Brightness setting will control the back-light of the DS/DSL (options are 0 to 3). Finally the Bookmark Setting option provides users with the ability to add and view bookmarks. Added bookmarks will store by the last line of accessed text and by file percentage. When reloading a text file the software will remember the last settings. Horizontally viewed files at 67.89% will launch into the same view at the same point. Bookmarks will launch at the saved percentage into any newly stored view, font, etc modes. Bookmarks are stored on a per-file basis, opening an old bookmark means that the file must first be accessed and viewing the bookmark list will only list bookmarks for the currently accessed file. HTML files will display static text only, images and HTML formatting is ignored by the software. Basic controls allow the user to navigate using both a combination of the directional pad and buttons or the touch-screen stylus controls. The control scheme is very intuitive and simple enough that the controls are easy to remember. The control scheme is outlined in the Help menu which can be accessed via the “X” options window or the Select button. Portable Document Files (PDF) will load and display both text and images. Larger PDF files make take up to 5 minutes to load, and 5 minutes to change pages. PDF files feature the “Picture” interface and allow users to zoom, rotate, and view areas of the file at any time. These features are additionally hampered by the file size where larger files mean slower processing. PDF files lack the “X” options interface, meaning users can not tweak their PDF experience. PDF files also lack the bookmark feature that the text files have and will always load to the 1st page. PDF files can only be viewed on one screen, where the top screen is used as the “zoomed-out” screen (think Comic Book DS). As with the other supported file types, PDF files feature directional pad and button navigation as well as touch-screen stylus navigation and controls. Supported image formats are loaded into the same interface as the PDF viewer. Users can zoom, rotate, and advance to other images. The controls and limitations are relatively the same as previously discussed. Users can scroll around different areas of the image while viewing a zoomed-out copy on the top screen. The software features 4 modes of viewing (Zoom: Original Size, Zoom: %, Zoom: Adapt Width, and Zoom: Adapt Height) all of which feature the "zoomed-out" image on the top screen. Quality is as good as the image being viewed, meaning a high quality image will zoom with little to no pixilation. Graphics Interchange Format (GIF) images will only be rendered as 1 frame images, animated .GIF files are not supported. The long awaited iReader software plug-in is typical of the SuperCard development team. It features some nice options, a clean interface, and interesting file support but lacks a full featured E-book reader and simple coding revisions which could have put it over the top. PDF support is very slow while still being impressive on the DS. Yet one should not find any problems with a Flash Kit that features onboard RAM and a CPU. A tested 16 MB PDF with text and color images took approximately 5 minutes to load, and 5 minutes to change pages. A tested 1.6 MB PDF with text only took approximately 30 seconds to load, and 30 seconds to change pages. The performance of large and small PDF files makes it obvious to the end-user that the extra features of this Flash Kit are not being used. While it would have been nice to see animated GIF image support, 1 frame images are useful due to the small digital footprint of this format. One of the most basic features of any image software is missing from the SCDS2 picture viewer, a slideshow feature. Dual screen image support (think Moonshell) would have been another great additional feature. Users may not always want to view files with the preset modes and sometimes loading larger images across two screens can be a more beneficial viewing mode. Directory navigation responds to all directional pad inputs, allowing the user to scroll a "full circle" if desired. Exiting out of any section of the software highlights the last accessed file and places it at the bottom of the list. This directory refresh is something which can take a minute to get use to, but remains a minor complaint. Long file names are either truncated with a tilde or “…” and again Team SuperCard has failed to implement a text scrolling feature. Thankfully they have truncated within the microSD directory correctly, by displaying the file extension. Archived .ZIP files are not scanned and sorted correctly, as are other file types. It would have been nice to see .ZIP files scanned and sorted into their appropriate section. An example of this would be .ZIP files with supported images being listed in the “Pictures” section, .ZIP files with supported text files could be listed in the “Book” section, and mixed archives could either be sorted into both sections or left in the “All” section. The E-book software supports static viewing only, with no announced text-to-sound (TTS) support. The SCDS2 is using the same CPU as the Dingoo A320/330, and one would expect for the CPU to actually get some use outside of the GBA emulator and in-game menu. Adding a feature, as creative as a TTS option, may have helped to put this software over the top. The occasional minor bug was experienced while playing with the image viewing software. Image data was not always displayed for each mode of each tested image. Some images failed to load after switching the zoom display mode on a trailing image and then navigating back to the previous image. On occasion the zoom mode will reset itself when attempting to open the Help menu, forcing the user to press Select twice. The installation notes explain to the user that they should "Download the package, copy all folder to the root directory of MicroSD card and replace old." If the user replaces the current plug-in folder with the pre-packaged iReader v1.0 “_dstwoplug” directory all currently stored plug-in icons may be deleted. While this is commonsense for most users I am sure that some users will make this mistake. Please be cautious when updating any software and be sure you have a current back-up before proceeding. Overall the software performs fairly well and should be useful for most users. The Picture viewer is a nice alternative to Moonshell and being integrated into the EOS software means that exiting is as simple as pressing “B”. Text based files initialize and react to user input rather quickly. Reading simple formatted .TXT E-books is a pleasure thanks to the various “X” menu options. The lack of specific E-book formats is a disappointment, making the reading software feel like a slight upgrade to the previously released in-game guide. I hold out hope for a small update which will address the few bugs and add more file support, a slideshow view, a faster PDF rendering. Dedicated E-book homebrew and image viewing homebrew exist in various forms. Team SuperCard has taken the most used features and implemented them into a clean Graphical User Interface with room for improvement. This download will cost you nothing and appears to integrate into the EOS v1.02 software without any problems. If you have use of simple text based files or images while on the go than this plug-in will make a great addition to your EOS software installation. This review supplement was written for GBAtemp.net ONLY. The article is the property of Another World & GBAtemp.net. Some images are the property of Another World, some images were borrowed from Team SuperCard and used without permission. If you see this review supplement on any other site please let Another World know by PM. Absent from the SuperCard DSTwo EOS v1.2 release was the Super Famicom/Super Nintendo Emulator. This 1st party emulator was announced as a SCDS2 specific plug-in which makes use of the on-board CPU and RAM by offering ROM execution, cheat functionality, save-states, and more. On August 26, 2010, lilsypha published an official GBATemp review of the v1.0 BETA build, which would later become the v1.05 public release. Final judgment and a GBATemp award have yet to be reached for the SCDS2 due to the missing features of the EOS launch software. This official review supplement brings the SCDS2 review one step close towards a final outcome, an official GBATemp award. This review supplement will focus heavily on SFC/SNES compatibility and contain a full write-up of the software G.U.I. and its features. Many problem files will be tested in an attempt to build a more complete view of the current software’s compatibility. In recent months Team SuperCard has released updates which directly address problems found during the SCDS2 review process. The potential for SFC EMU updates is something which must be considered and will be addressed during the 4th and final review supplement, a reexamination of the SCDS2 and its software components. The multiple display modes attempt to “resize” the game graphics to better fit the NDS native resolution. However, there appears to be no perfect way to for the emulator to display graphics on the DS screen, and at times either text or pixels must be sacrificed. The SFC EMU features save-state loading and saving. The emulator will also reload the most recent save-state if a ROM is subsequently loaded using the “recently played” listing. SFC/SNES cheats are supported using properly formatted .CHT files which include Snes9x emulator cheat codes. As with the GBA EMU plug-in, the SFC EMU can capture the active screen and save it to the microSD card. The emulator features user controlled CPU frequency “clock” speeds which can drastically speed up emulation at the cost of increased battery consumption. The NDSSFC v1.5 English software was released with two main directories, "_dstwoplug" and "NDSSFC". The contents of the "_dstwoplug" directory should be placed into the existing EOS software directory of the same name, found in ROOT. The entire "NDSSFC" directory must be placed in ROOT as well. As discussed in the main SCDS2 review, the "_dstwoplug" directory contains files required by the EOS software. However, in this case the required files do not act as "shortcuts" but are actual supplementary plug-ins to the EOS software. The contents of the included SFC EMU “_dstwoplug” directory must be used, there exists no alternative way to launch the SFC EMU. In order to keep preexisting user-made "shortcuts" and default EOS software plug-ins the end-user is advised to copy and paste the contents of the “_dstwoplug” directory as overwriting the default EOS directory may result in a loss of required or desired files. The “NDSSFC” directory contains 5 sub-directories titled “gamecht”, “gamepak”, “gamepic”, “gamerts”, and “system.” This directory also contains a file titled “version.txt.” The first 4 sub-directories are initially empty and will later serve as storage for cheats, ROMs, screen captures, and save-states, respectively. The “system” sub-directory contains language (language.msg), font (song.odf, verdana.odf), and theme related files (.BMPs via a “gui” directory). The included “version.txt” file is not required for SFC emulation and contains release notes from Team SuperCard. ROMs can be placed anywhere on the microSD card but the SFC EMU will load the “gamepak” directory by default. Sub-folders can be placed into this directory to further organize the directory structure. Using subfolders is advised as the SFC EMU will freeze when loading directories of 256 or more files. ROMs can be stored uncompressed or compressed in the .ZIP format. Both high and low compression .ZIP formatted files are supported by the SFC EMU plug-in. The SFC EMU is launched by pressing A on the main menu's SFC default plug-in icon. This icon executes the SFC.plg file found in the “_dstwoplug” directory. The SFC EMU will load approximately 3 seconds after the loading process has been initialized. Users are presented with a “no game loaded!” message on the top screen and an icon based file system on the bottom screen. The v1.05 software revision features 6 icons and 3 buttons. The icons read “video/audio”, “save state”, “cheats”, “tools”, “other”, and “exit”, and the buttons read “new”, “return”, and “restart”. At any point during game execution the main G.U.I. can be accessed by tapping on the touch-screen. The G.U.I responds to d-pad and button combination navigation only, touch-screen control navigation has not been implemented. While navigating the G.U.I, A selects an item and B goes back 1 menu level at a time. Pressing B in continuous succession will always navigate back to the top most menu. NEW offers options (new, recently played) for loading an SFC file, RETURN resumes game execution which was halted while bringing up the main G.U.I. menu, and RESTART begins game execution from the start. When browsing a directory the SFC EMU will automatically scroll the directory name at the top of the G.U.I. but truncate sub-directories and files within the main directory. File directories and names are truncated between 27 and 31 characters, depending on which characters are used. File names can be manually scrolled by pressing LEFT or RIGHT, 1 character at a time. Pressing or holding the L/R shoulder buttons results in directory paging, 5 lines (files) at a time. The “audio/video” options include Graphic Display Mode (0-4) and Game Fast Forward (on/off). According to Team SuperCard, the SNES resolution can not be scaled to the native NDS resolution. As a result the majority of graphic display modes adjust which portion of the screen will be “cut off” through the removal of entire lines of pixels. The first option squeezes everything together making it difficult to read text, and the remaining 3 options remove lines of pixels with varying results. In the image below the red box outlines the viewable area while the gray area represents the removed pixels for each display option. Fast-forward advances game execution by an approximate 50% speed increase. This was tested simply by counting when walking from point A to point B took half as long when fast-forward was turned “on.” Fast-forwarding works well but comes at the cost of possible audio rendering issues. The “save state” selection offers the user options to write, read, and delete save-states. Each game can have a total of 10 save-states at any one time. Save-states are stored in the “./NDSSFC/gamerts” directory and indexed by a trailing number which is directly associated to the save-state menu position (1-10). During the initial write of a save-state or when a second game is loaded from the "new" menu option, the software will create a gamename_0.rts place holder. After a save-state has been successfully written the position box will be filled in solid with the color purple. Save-states can only be manipulated during the emulation of the associated SFC file, meaning that until a game is loaded the associated save-states can not be accessed. If a game is loaded from the “recently played games” option the last associated highest numbered save-state will be automatically loaded. When manually loading a save-state the top screen will display a screen capture, and a date and time stamp, taken during the instance the save-state was written. Save-states can not be overwritten and in order to use a lower numbered save-state slot the occupying save-state must first be deleted using the on-screen options. When writing a save-state the user will be provided with two messages boxes. The first of which lets the user know that the save-state is being written and the second will let the user know that the write was successful. Save-state deletion provides the user with options to Delete All Game States or Delete Game State (1-10, depending). Selecting either option will ask the user to confirm YES (press A) or NO (press B) for this action. When deleting save-states the purple position holder icon boxes simply slide to the left, meaning that when save-state 4 is deleted save-state 5 slides into its G.U.I. position holder. The next time save-state 4 is deleted 5 is actually removed. When browsing the deletion area of the G.U.I., screen captures are not displayed which forces the user to guess at which save-state they are deleting or navigate back to the write area which will display the save-state related screen captures. When all save-states have been deleted the gamename_0.rts place holder file will remain, this file causes no problems if left on the microSD card. In addition to save-states the emulator can write the SRAM save (.SRM) to the “./NDSSFC/gamerts” directory, if SRAM data exists. Any game which has its execution halted by selecting “exit” from the SFC EMU G.U.I. option will have its corresponding SRAM data automatically written to the microSD card, if such data exists. Additionally SRAM saves for the currently emulated game will be written to the microSD card when a new game is loaded or when a save-state is written regardless of the assigned save-state position. There exist no alternative methods for dumping the SRAM data to the “gamerts” directory, if either of the above methods are not used the SRAM data will be permanently lost. The "cheats" section offers support for SNES .CHT formatted files which contain valid Snes9x cheat codes. The default directory for cheat files is the “gamecht” directory, a sub-directory of “NDSSFC.” The .CHT file name does not need to exactly match the naming scheme of the SFC ROM. Cheat files are loaded using the “Load Cheat File” option, which browses files in the “gamecht” directory, after the corresponding game has been loaded. Loading the .CHT file first and the game second will cause the .CHT file to be unloaded or random freezing to occur. Cheats are indexed as 4 cheats per “page” with the ability to have multiple choices under each description heading. The SFC EMU supports 10 pages (0-9) for a total of 40 possible selectable cheats (0-39). When multiple choices are listed under the same heading only 1 choice can be selected at a time. Once a cheat has been selected pressing RIGHT will enable the cheat while pressing LEFT will disable it. Cheats should be enabled after the ROM has been loaded but before actual gameplay begins. Cheats loaded after game execution may not work or the SFC EMU cheat engine may cause the software to hang. The cheat engine uses a format similar to the SCDS2 GBA EMU, while making use of Snes9x cheats. Team SuperCard passed on information for this review stating that the application EMUCheat, when used in conjunction with Snes9x, will allow for proper .CHT files to be compiled. Users who wish to simplify the process can use the following outline in any format stripping text editor; files should then be saved as gamename.cht. Name=Game name, not sure if it matters. Text=YOSHI IS A UNICYCLE! This is where notes go. In the "tools" section, screen captures can be taken of the active game as displayed on the NDS top screen. Screen captures are saved in the “gamepic” directory as a 256x192 96dpi 24bit formatted .BMP file. After multiple screen captures have been saved to the microSD, users can browse the directory from within the software using a d-pad and button combination controlled slideshow. UP and DOWN control the slideshow speed, A pauses playback while LEFT and RIGHT scroll through images when paused. Pressing B will exit out of the slideshow and returns to the Screen Snapshot G.U.I. selection area. The “other” options provide a means to over-clock the CPU through a CPU Frequency option (0-4), which increases game performance at the cost of increased battery drain. In this section the G.U.I. language can be adjusted, microSD card capacity can be viewed in MegaBytes, default settings can be restored, and the SFC EMU version information is displayed. The “exit” button closes the SFC EMU, properly dumps the SRAM data, and exports the recently played listing. Failure to click this button when exiting the EMU may result in the loss of this data. Emulator specific options and ROM settings are never stored and will always load at default levels (IE: CPU Frequency of 2, Display Mode of 0, etc). I attempted to test the latest revisions of Homebrew projects. For popular Homebrew projects I tested the most downloaded revision and not the latest BETAs. In regards to SFC retail ROM dumps I tested mostly N. American dumps verified by CRC against the SFC Good-set listing. SFC/SNES files were tested on a DSi XL using a 2 GB Japanese Kingston microSD card, a 4 GB Taiwan Class-4 Kingston microSD card, and an 8 GB Transcend Class-6 microSD card. All microSD cards were properly formatted using the Panasonic Formatting Tool v2.9.0.5. Various features of the SFC EMU were tested at random to determine their efficiency. The SFC EMU v1.5 and EOS v1.8 software were used for all testing purposes. Each result is listed below by file name followed by a color coded phrase. Green colored phrases mean the file performed as expected with no serious problems. Blue colored phrases mean the file performed with some problems. Problems could include speed issues, compatibility problems, graphical issues, sound distortion, etc. A generalized listing of encountered problems will be added next to each appropriate section. Red colored phrases mean that the file failed. Failed files were additionally tested on a SNES PC Emulator. Test files came from the GoodSNES v2.04 collection and were verified to by CRC. Good [!] dumps were specifically used when available. Unreleased, BETA, Prototype, and DEMO files were collected from various sources some directly from the user/group who dumped or compiled them years ago. Translation files were pre-patched as part of the GoodSNES v2.04 collection and subsequent files were not patched or tampered with in any way. Please note that special chip emulation which may already be present in Snes9x, the ported emulator which has become the SFC EMU, may or may not emulate correctly due to the limitations of the SCDS2’s on-board hardware, potential data loss, CPU speed, etc. This section is not to point out the problems of the SFC EMU but rather to complete a listing of supported/unsupported SFC games. An attempt was made to test all SFC/SNES special chip games for compatibility, however due to various limitations of the software testing pack some games may have been skipped. Games will be listed in alphabetical order under their corresponding special-chip-name category. Available information about each special chip will be included when possible. Special chip games were tested for 15-60 minutes each and no games were completed. Some games were additionally tested on Snes9x v1.52, the suspected revision ported to the SCDS2, to compare compatibility results. The CX4 chip was designed by Capcom as a main-board add-on math coprocessor. The chip was specifically designed for trigonometric calculations used in wireframes, sprite positioning, and sprite rotation. The only two SFC games to make use of this chip were from the Megaman series. The initial wireframe special effects, which appear in the introductory animation and on the main menu, run very slow on the SCDS2. The same effects run at full speed on Snes9x, the EMU which was ported and renamed the SFC EMU. Speculation is that a 50% data throughput loss from CPU-to-DS2-to-Slot-1 is at fault. On occasion the game will crash to a debug menu which is displayed while the game is still in motion, moving past the object which caused the crash will usually allow game execution to continue. The game further suffers from minor sound glitches and audio stuttering during areas of heavy animation or wireframe effects. Other than these few issues the game is playable and ultimately enjoyable on CPU frequency 4. Some lag was experienced when using the default CPU Frequency. The game was tested for 60 minutes and various stages were played. There remains the possibility for slow-down, sound problems, or debug menu crashing. The game was not tested for completion, and may very well be unwinnable. Additionally the “Invincibility” cheat, when enabled, will cause all in-game doorways to fail, the cheat can not be disabled while actively playing even though this option exists. The DSP (Digital Signal Processor) chip was originally designed to be part of the SFC/SNES itself and later removed from the design due to possible budget problems. The DSP chip revisions added many functions to SFC/SNES games including vector based calculations, math co-processing, bitmap conversions, 2D and 3D coordinate transformations, advanced Mode-7 scaling, 3D math algorithms, Artificial Intelligence calculations, and more. The DSP-1 received 2 revisions (1A and 1B), both of which were bug fixes. The DSP-2, DSP-3, and DSP-4 revisions featured updated microcode with additional features, and each chip revision was used for only 1 game. This chip was a sprite manipulation chip used only for a single super-scope title. The SA-1 (Super Accelerator) contained a CPU core that could be run independently of the main 5A22 CPU. This chip allowed for programmable timers, a faster clock speed, faster RAM, DMA modes, data storage and compression, and region lock copy protection. SA-1 games were tested between 5-20 minutes depending on what problems were experienced after the initial load. All games were tested using a combination of SFC EMU CPU frequency options. Games were scrutinized in detail using the CPU Frequency 4 setting. Games which are listed as “virtually unplayable” functioned to some degree but suffered from slow-down issues which seriously hampered one’s ability to enjoy the game. Sound appeared to remain in-sync even when graphics slow-down brought the entire experience to a halt. Surprisingly the limitations of the SCDS2 are not in the emulator itself, it appears the SA-1 chip is fully emulated. The problems appear to be caused by the data loss from CPU-to-SCDS2-to-Slot-1. A speculation which may not be far off when one considers the “DS” mode hardware limitations, including the Slot-1 data transfer rate. As none of the games were tested to completion there remains the possibility that games which “passed” may “fail” at a later point. This chip was used to decompress sprite data on-the-fly directly to the picture processing unit. The S-DD1 chip could run in parallel allowing the SFC/SNES to request uncompressed data while the S-DD1 was busy decompressing. This chip was designed by Epson to provided data compression. Additionally, Tengai Makyou Zero contained a real-time clock accessed by the SPC7110 chip. After reading the Snes9x v1.52 change logs, it appears that SPC7110 emulation without graphics has been added for testing only. The chip test passes but the game can not be launched as supported has not yet been implemented. This behavior further supports a theory that the Snes9x port used for the SFC EMU is v1.52. This chip was a separate Real Time Clock (RTC) chip designed for use with only 1 game. Unlike the associated RTC of the SPC7110, this chip’s only purpose was its RTC functionality. The chip kept accurate time by using an internal cart battery. Some modern emulation has managed to simulate the battery by sinking with the computer’s operating system clock. Upon first loading the game the user is prompted to set the clock, which defaults to 8/2/1990. Unfortunately, my Japanese is extremely limited and I have not been able to fully test this game for RTC functionality. After exiting the game and re-launching it the clock was again back to the default setting. Designed for 1 game, this chip provided general AI related handling and functionality. Believed to have been based on the ST010 chip, this chip provided general AI related functionality as well. Believed to have been based on the ST010 chip as well, this chip once again provided general AI related functionality. The Super FX chip was designed to supplement the main CPU by acting as a graphics accelerator chip for polygons and advanced 2D effect handling. Sprite scaling, sprit stretching, and huge “boss” sprites were among the additional 2D effects. In addition, the chip could provide foreground and background layers which helped to create a better “3D” depth-of-field illusion. The chip itself went though 3 revisions, the second of which was a standalone version used for Star Fox dubbed the GSU-1. The third revision, the GSU-2, had the same functionalities as the GSU-1 but was able to reach a full 21 MHz clock-speed compared to the 10.5 MHz of the second revision. With the exception of Dirt Racer, each of the Super FX games loads and appears to be emulated. Due to suspected data loss (CPU-to-SCDS2-to-Slot-1) the games are unplayable as they suffer from serious speed issues. The Super Famicom/Super Nintendo emulator is the perfect addition to the SCDS2’s native Slot-1 software lineup. SuperCard has managed to port an existing emulator while including useful features such as cheats, save-states, .ZIP compressed file support, and more. The emulator feels very responsive which results in a fun gaming experience. It should not come as a surprise that Team SuperCard has ported an existing emulator which was easily adaptable to the SCDS2’s CPU through their opensource SDK. Snes9x is a wonderful emulator which has been worked on by a variety of talented programmers over the years. This emulator has also been ported to many handheld and console systems, each using an existing base while tweaking out performance for a new environment. The SCDS2 has recently received a port of Alekmaul’s Native Dingoo MAME4ALL emulator, and the SCDS2 shares similar CPU and RAM specs to that of the Dingoo A320. The Dingux Snes9x port has received updates which allow for such games are Star Fox to be fully playable. While these hopes remain for the SFC EMU, users should understand that a data speed loss does exist when running code which must be transferred from the SCDS2 CPU to the NDS Slot-1. It is very possible that some of the enhanced special chip SFC/SNES games will never be fully enjoyable while using the SCDS2 SFC EMU. The emulator features a working save-state feature that provides screen captures only when save-states are written. When attempting to delete a save-state the user is left wondering which of the 10 positions represents the desired save-state. Additionally, when a save-state is removed the remaining save-states shift to the left. Rather quickly the user can become confused over which save-state is where and which save-states continue to remain on the microSD card. A future addition to the SFC EMU could be the ability to access the “screen capture” feature, associated with a written save-state, when browsing save-states for deletion. The shifting of save-state positions is also confusing and ideally this is something that could be addressed. Save-states can not be overwritten; they must first be deleted in order to free-up a position (1-10). Allowing users to overwrite save-states and removing the save-state shifting could result in more simplified organizational habits. Users would find it much easier to remember which save-states are in which position and be spared of the extra step it takes to delete a save-state before writing to an existing position. The cheats appear to be based on the GBA format while supporting only Snes9x cheat codes. Thanks to the efforts of GBATemp user Rydian, cheat codes can now be ported and made specifically with the SFC EMU in mind. The cheat engine itself does work but suffers from G.U.I. freezing/hanging, cheat name truncation, and other issues. When attempting to reload the cheat section of the G.U.I. the SFC EMU will more often than not freeze, causing a full system hard-reset. Cheats are listed by their description which is truncated without the ability to scroll. The buttons used for manual file name scrolling implemented into the directory listings of the SFC EMU have been remapped with the purpose of turning cheats ON or OFF. The truncation makes it difficult to understand the purpose of some cheats, for example, “Always have Scatter Blaster for gun 1 (disable during bonus stages)” is truncated to “Always have ...” making it impossible to know what the cheat will do. With a cheat engine that continually crashes, freezes game execution, or hangs the G.U.I., the user may be reluctant to pick something without knowing exactly what the outcome will be. The screen capture feature is an interesting addition, although somewhat useless, it does function as expected. I found that the screen captures made during the initial testing of the G.U.I. were later corrupted to an unusable state after the experiencing many cheat engine crashes. Instead of implementing a screen capture feature I would have rather seen the early bugs addressed such as the cheat crashing and lack of cheat scrolling. The SFC EMU suffers from a 255 file limit no matter the file type. More than 255 games or cheats in any 1 directory will cause the SFC EMU to hang whenever those directories are accessed. Organizing files by sub-directories is a viable option but perhaps not an option every user will wish to use. The RIGHT and LEFT shoulder buttons can be used to quickly page the directory; while this helps it never felt fast enough. When the last paging of a directory resulted in 2 files or directories displayed on screen I was unable to use the directional pad for any additional navigation. I was forced, by a software bug, to press LEFT, page back 1 sequence, and then press DOWN to access the bottom most file. All settings must be reset each time a file is loaded. Some files require a higher CPU setting while others require a different display mode. The ability to set SFC EMU settings on a per-ROM basis and to have those settings retained would be a wonderful addition. The emulator has a relatively high compatibility rate thanks in part to the user controlled CPU Frequency “clock” speed settings. The default CPU Frequency of 2 is a standard setting which will allow for most games to play correctly while allowing the SCDS2 to access 4-5 hours of battery life on the DSi XL with WIFI turned off. Many games suffer from minor slow-down issues, half second pauses, sound issues, or other problems. Raising the CPU Frequency to 4 can often fix these problems but at the cost of increased battery drain. During testing I found that I was recharging the DSi XL more often than any other time I can recall. While the SFC EMU is a great feature is does tend to eat up the battery rather quickly, making it not the best choice for SFC/SNES emulation when away from a power outlet. Games that do not have special chips or slow-down areas execute perfectly, especially with the CPU Frequency set to 4. Controls are tight and responsive making this emulator a real treat to use. The layering issues one would expect to encounter are almost non-existent. During testing only a few layering issues were experienced, all of which happened on BETA and Prototype files. These issues were generally limited to text overwrapping an onscreen graphic or a text box being displayed partially in front of or behind an existing graphic. The average user will probably never experience such issues and it seems that the layering problems of another popular NDS SNES emulator are a thing of the past. At times the emulator would freeze for absolutely no reason during game execution. As the SRAM is not regularly dumped to the microSD some file progress can be lost if this happens. The only ways to write out the SRAM data would be to load a new game, make a save-state, or use the “exit” button. The lesson here would be that saving often is important and in this case means making save-states. This bug was completely random and did not occur often, the user who has only the occasional gaming session may never experience this problem. At one point I did experience one odd G.U.I. graphic draw problem where text was continually redrawn to the screen making it appear to be an ever expanding blob of purple color. I also experienced a few random static sound bursts, and some debug file dumping. It goes with saying that this emulator is in a workable and enjoyable state but it is not without its problems. The real beauty behind the SCDS2 has been the opensource SDK which is freely available from Team SuperCard. The source code for the SFC EMU v1.6 revision was recently shared with developers which allowed the 1st unofficial port to be released. BaseAceGold has added a very useful CPU Frequency setting of 5, fixed some of the G.U.I. crashing bugs, and made Mario Kart playable without sound. These updates are very important because they show us that not only is Team SuperCard supporting their software but so is the Homebrew community. I would recommend this software and the unofficial update to anyone who enjoys retro SFC/SNES gaming. You will truly love the feeling of the precise DS controls coupled with the old school games you remember. SuperCard has done a wonderful thing for this hobby and they continue to push the boundaries for what we once thought were impossible. This review supplement was written for GBAtemp.net ONLY. The article is the property of Another World & GBAtemp.net. Most images are the property of Another World, 1 image was borrowed from Team SuperCard and used without permission. Special thanks to Rydian for cheat code help. Thanks to SixtySixHundred for cheat testing. Thanks to Vato for additional testing and help. Thanks to The Greatful Dead for providing the theme music of this project!

2019-04-23T11:19:35Z

https://gbatemp.net/threads/supercard-dstwo-review.232281/

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2019-04-19T02:49:32Z

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After testing seven new models, we’ve updated this guide with new top, runner-up, and compact picks. We’ve spent more than 100 hours researching and testing surge protectors, and we found that the Tripp Lite 12-Outlet Surge Protector offers the best combination of surge protection, safety, and number of outlets for the price. It will absorb common household surges—of hundreds or even thousands of volts—before they reach your electronics, preventing damage and fires. And you don’t have to wonder whether it’s still doing its job, because once its protection has worn out, it safely cuts power so you know to replace it. If you want a surge protector for your home theater or office, the Tripp Lite 12-Outlet Surge Protector (TLP1208TELTV) is your best choice. It has a critical auto-shutoff feature, more than enough outlets to keep all your gadgets powered, plus coaxial and telephone connectors. It offers great protection against household surges that come from other equipment in your home or fluctuations from the power company. It has a generous 8-foot cord and feels sturdy and robust. The P12U2’s surge protection was as good as any we tested, but it can still provide power after part of its protection is worn out in some cases. It lacks telephone or coax connections but adds two USB charging ports. The APC 12-Outlet P12U2 has the auto-shutoff feature that we require of a main pick, but the feature only kicks in when one of its three wiring sections fails—if either of the other two sections wears out first, your expensive electronics will be left partially unprotected. However, its LEDs indicating a wiring problem or loss of protection were as big and clearly marked as any we’ve seen, and it has just as many AC outlets as our pick. Although it lacks the telephone or coaxial ports of our top pick, it adds two USB ports instead so you don’t have to sacrifice outlets to charge a phone, tablet, or other small device. In our testing, it let through as little surge voltage as the Tripp Lite. The APC’s joule rating is about 30 percent higher, too; that means it’s designed to last longer, but how much longer it lasts is just an estimate. With six AC outlets and two 2.4-amp USB ports, the Powramid Air packs a lot of protection into a compact disk. For light-duty powering, like under a nightstand or end table, the Accell Powramid Air is the way to go to protect gadgets like phones, tablets, or alarm clocks from surges. It has two USB ports and six AC outlets in a round package that’s smaller than a dinner plate. The USB ports put out a combined 2.4 amps, enough to charge one smartphone or tablet at a high speed or two devices at low speeds. The circular layout of the Powramid Air’s outlets makes it usable with a variety of plug sizes. Despite its silly name, the Powramid Air packs real protection and performed almost as well as our main and runner-up picks against individual surges—although the protection might not hold up to as many surges as larger models. Tripp Lite’s SK10USB is the only single-outlet option we’ve found with an auto-shutoff feature, and it has two 2.4-amp USB ports. The Tripp Lite 1-Outlet SK10USB offers the portability of our favorite small power strips for travel, but with even more protection. It has an auto-shutoff mechanism—the only single-outlet option we’ve found that will disconnect power when its surge protection is worn out—plus two 2.4-amp USB ports. It performed well compared to other small options we’ve tested. We’d choose the SK10USB for protecting single appliances or devices, or even tossing in our carry-on when traveling. Overkill unless you have high-end home theater, office, or media equipment, the Powerstation knocked down surges better than any model we tried, including surge eliminators costing twice as much. Our top picks will protect most equipment in most cases. But the Furman Powerstation 8 had the best surge suppression of any model we tested and is worth the price if you need to protect high-end electronics. It turned a 5,000-volt surge into just 40 volts, thanks in part to a shutdown circuit that turns off all power when a surge is detected. The Powerstation actually let less voltage through in our tests than high-end series mode surge eliminators that can cost hundreds more. But common equipment like a computer monitor will be fine when protected by our less expensive picks, so the Powerstation is best for people who insist on peace of mind or have top-of-the-line electronics they want to protect. I’ve been a science writer for more than four years, covering a wide variety of topics from particle physics to satellite remote sensing. Since joining Wirecutter in 2017, I have reported on the best solar battery packs, the best USB-C cables and adapters, and more. The editor of this guide, Mark Smirniotis, has covered power products like rechargeable batteries and portable jump starters since 2015. In order to separate fact from fiction about surge protectors, we reached out to experts in multiple fields while writing the original version of this guide. We talked to Mike Hyland, a 30-year veteran of the utility industry and senior vice president at the industry’s trade association (the American Public Power Association) to learn about power grids and utility-scale surge protection. We emailed with Jack Loppnow, an insurance pro who has been in the industry since the 1960s, and got advice on what part homeowners’ and renters’ policies play in protecting your technology investments. Additionally, we’ve had Lee Johnson—an electrical engineer with more than 10 years of experience designing and testing electronics—put our top picks to the test in three separate rounds of testing. A surge protector does much more than supply extra outlets. It’s first and foremost a safety device, a relatively inexpensive way to protect expensive electronics. There’s little reason for anyone to leave their office, den, or home theater without one—or to hang onto old, worn-out surge protectors. Surge protectors don’t last forever. Most estimates put the average lifespan of a surge protector at anywhere from three to five years. And if your home is subject to frequent brownouts or blackouts, you might want to replace your surge protectors as often as every two years. If you move as frequently as I do, every couple of years, a good rule of thumb is to just get rid of your old surge protectors as you’re packing up and replace them when you move into your new place. If you have a cheap, basic power strip—or the kind of multiport adapter that plugs right into a wall outlet—it most likely never had worthwhile surge-protection capabilities to begin with. No judgment—I once owned a power strip that my parents bought for their first house. But you should replace these subpar options as soon as possible and be thankful that they didn’t catch fire or damage your electronics. The surge protection components inside wear out a little more with each surge and there’s virtually no way to know how much protection remains. Many cheap models continue to pass power to their outlets even after the protection is long gone. That’s why we suggest looking for a surge protector with an auto-shutoff feature that stops conveying power when the protection wears out. Most estimates put the average safe life of a surge protector at anywhere from three to five years. Although surge protectors can’t do much to protect your property against direct lightning strikes—which are pretty rare anyway—they can help with the much more common surges that originate inside your home or building. They can also protect against occasional surges from your utility company and are especially worthwhile in areas with unreliable power grids. Even though common, inexpensive surge protectors wear out, high-end series mode or hybrid surge protectors can last indefinitely. But the prices can easily soar to 10 times the price of our main and runner-up picks, making them an impractical option for most people. If you have equipment that could be damaged by a sudden loss of power, a hard disk drive (HDD) that’s susceptible to data corruption, or critical gear that can’t ever go down (like a CPAP machine to treat sleep apnea), you shouldn’t be looking at a surge protector at all. Instead, you want an uninterruptible power supply (UPS), most of which have built-in surge protection. You can read about our top UPS picks in our full guide to them. We started our research by scanning the top results on Amazon, Google Shopping, retailers like Walmart and Home Depot, and the websites of well-known brands like Tripp Lite, Accell, and Belkin to compile a list of potential models. As with previous iterations of this guide, we considered the different ways that people use surge protectors. For our main pick, we knew we wanted something heavy-duty for use with home theater gear and game consoles in a living room (or computer equipment in an office). We also looked at smaller units designed for kitchen outlets or bedside tables, as well as series mode and hybrid models for people who want the highest level of surge defense. The surge protector shuts off when it’s worn out: We preferred surge protectors with an auto-shutoff feature so your equipment is never inadvertently left unprotected. Otherwise, we required, at minimum, an indicator light to notify you when it’s no longer protected against surges. At least eight AC outlets for living room or office use: We required at least eight AC outlets for the main, runner-up, and top-of-the-line contenders, at least four for the nightstand contenders, and one or more for the light-duty pick. A UL surge protection rating of 400 V or better: Although we verified each model’s abilities in our own electrical testing, we required that they be rated by product safety corporation UL to bring down a surge to (at most) 400 volts, with preference given to models that achieved the lower 330-volt rating. Lower is better when it comes to let-through voltage, the measure of how much extra voltage reaches your electronics. Higher joule ratings are better—to a point: A joule rating tells you about how much energy the surge protector can absorb before it fails—in a video game, the joule rating would be the health meter—so, the higher the better. But you never get to see the meter itself, and how long it will last is just an estimate, so we don’t put a lot of stock in it. Convenient auxiliary ports: We preferred (but did not require) our picks to have telephone ports for the small but significant number of people in the US who have a landline phone or dial-up internet connection—about 43 percent and 3 percent of the population, respectively. We dismissed any nightstand or light-duty contender without at least one USB-A port with 2 amps or more. At least a one-year warranty: A one-year warranty is a bare-minimum requirement for something you’re trusting to protect equipment costing tens or hundreds of dollars, and that you’ll be replacing every few years either way. Keep in mind that a warranty only covers defects in materials or construction and won’t help you when the surge components wear out as designed—and even a lifetime warranty doesn’t last forever. Port layout and overall design: To keep oversized plugs from blocking nearby outlets, we wanted the ports to be adequately spaced. And we didn’t want something overly heavy or bulky that would look out of place in a room. Well-designed clamps, hooks, or holes for mounting the surge protector on a table or baseboard were an added bonus. For the next phase of our reporting, we tested some of the claims made by each company. Any surge protector that’s been rated by UL will have its surge-protection capabilities stamped on its body or printed on its box. And while it’s pretty easy to rule out the worst models through research alone, we did our own head-to-head comparisons to verify which models have the best protection. In the US, AC power outlets nominally provide electricity at 120 volts, but most electronic devices can handle more thanks to power bricks designed to operate on the 240-volt standard used internationally. In our testing, we subjected each surge protector to a 5,000-volt surge and measured how much would get through to any connected equipment. Lee Johnson, a veteran electrical engineer, set up our testing parameters. He attached each model to an EMtest NX5 surge generator to produce surges from 200 to 5,000 volts in 100-volt increments along each of the three legs of the wiring—line-to-ground (L-G), line-to-neutral (L-N), and neutral-to-ground (N-G)—and recorded the resulting output that would be passed along to any devices plugged into the surge protector. He followed that up with five consecutive surges of 5,000 volts and averaged those results. He recorded the output—lower is better, because it means the surge protector is holding back more power from your devices—for all three legs of wiring. According to the Institute of Electrical and Electronics Engineers, no home would ever experience a power surge over 6,000 volts, and most don’t even come close. The major exception to this would be direct lightning strikes, but at upwards of one billion volts, no home surge protector is going to save your TV from one of those. In 2016 and 2017, Johnson dissected each surge protector to assess the components inside. He compared the thickness of the wiring, the size and arrangement of the MOVs, whether any filters or capacitors were incorporated into the designs, and the overall construction quality. For reputable brands selling surge protectors in the $15-50 range, the guts were so similar that the dissection didn’t yield any useful information, so we didn’t tear down the seven models we tested at the end of 2018. To further demonstrate the importance of using a surge protector, Johnson subjected a (very old) Dell LCD monitor to a 5,000-volt surge, both with and without protection. After taking the protected hit, the display powered on and displayed an image with no problem. By comparison, when he funneled 5,000 volts directly into the unprotected display, it promptly cried out in pain, never to be turned on again. We didn’t test any series mode or hybrid surge protectors in our most recent round of testing because we think they’re overkill for most people, and in past testing we found our also-great pick to perform as well or better, by some measures, for a lower price. But when we tested several models previously (the SurgeX SA-15, the ZeroSurge 2R15W, and the Furman Powerstation PST-8), we put them through the same paces as their less expensive and more common MOV-based counterparts. We subjected each to surges ranging from 160 volts all the way to 5,000 volts to observe their response and then did an additional five hits at 5,000 volts to get an average. We also tore apart each unit and found similar designs and construction, with only minor differences in the visible components. We’ve tested dozens of surge protectors and are confident that the Tripp Lite 12-Outlet Surge Protector (TLP1208TELTV) is the best for a living room or office. It has all the safety features you need, plenty of outlets, stellar surge-protection performance, and superior build quality to others we’ve tested. The Tripp Lite 12-Outlet has an auto-shutoff feature that powers down the unit permanently when it’s worn out and no longer able to block power surges. Unlike most surge protectors that continue to power your electronics even after the protection is gone, our pick is safe and trustworthy—if it’s still providing power, it still has some protection left. In addition to its auto-shutoff function, the Tripp Lite has two little LED indicators: one that tells you when surge protection has been compromised and the other, which lets you know if you have a short circuit, a blown fuse, or a wiring problem that requires electrician intervention. When we sent 5,000-volt surges of electricity through the Tripp Lite, it suppressed as much as any MOV-based surge protector we tested. In our tests, the Tripp Lite averaged a let-through voltage (the remaining amount of the surge that is passed through to your devices) of 207 volts. This is well below UL’s 400-volt rating. In fact, every surge protector we tested came in under 400 volts except for the cheap, generic model we picked up at a big-box store—it let through a whopping 517 volts on the L-N leg and had no protection whatsoever through the other two legs. The Tripp Lite’s 12 AC outlets should be more than sufficient for most people’s needs—that’s enough for a TV, gaming console, soundbar, and an excessive number of lamps. You can find surge protectors with more than 12 outlets (Tripp Lite makes one with 24 outlets) but they’re generally too big for around-the-house use and lack peripheral ports like USB, telephone, and coaxial connectors. The Tripp Lite also has dual coaxial connectors so you can hook up your cable box and three telephone ports (unlike Ethernet, these ports don’t support high-speed Internet, so while you can use them to protect a landline telephone, you won’t be able to use them to shield network gear from damage). If you’re setting up a media center with equipment that requires a coaxial or telephone connection, these extra ports are nice to have. Just like with AC outlets, power runs through them, so they can be impacted by lightning and other types of surges. For example, a spike in power through an incorrectly grounded cable line (which are not uncommon) can destroy an unprotected cable box. Unlike our runner-up and light-duty picks, the Tripp Lite doesn’t have any USB ports. But since this type of surge protector is commonly out of reach (behind a couch or desk) and is designed for more heavy-duty usage, we don’t think USB ports are all that important. The Tripp Lite’s exterior matches its solid performance with a sturdy, utilitarian shell. Unlike your run-of-the-mill power strips (or even the Hyper Tough surge protector we tested), its veneer seems built to stand up to most minor scratches and scuffs. It’s compact enough to slide under a bed or entertainment center, and a set of holes on the back gives you the option to mount it on a baseboard. Its thick, rubberized, 8-foot cord is two feet longer than the one on the P12U2, making it more convenient to run underneath bookshelves and couches. Tripp Lite offers a limited lifetime warranty on the TLP1208TELTV which protects against any defects or failures for the life of the product—but know it’s not considered a defect for the surge protection to eventually wear out as designed. The Tripp Lite’s joule rating is around a third lower than our runner-up from APC: 2,880 versus 4,320 joules. The joule rating tells you how much the surge protector can take before it’s worn out, so it’s likely that our top pick won’t last as long as the APC. But because it’s an estimate and our pick is still higher than many others we considered, we decided to give more weight to the figures we could test ourselves. Another concern with the Tripp Lite is that it’s a little tight on space. There are four well-spaced outlets for large power bricks, but the single row of eight outlets quickly gets overcrowded, especially with bulky plugs. It would have been nice if some of the outlets were located on a different facet of the body, or if it had rotating outlets like Belkin’s PivotPlug. But the Tripp Lite’s good overall performance outweighs this minor flaw. If our main pick, the Tripp Lite 12-Outlet Surge Protector, is unavailable, you should get the APC 12-Outlet P12U2. It has just as many AC outlets as our pick and roughly the same average output and let-through voltage in our testing, and its joule rating is almost twice as good. Plus, like our pick, it comes with a lifetime warranty. It’s just as sturdy as the Tripp Lite, and we like its outlet placement a little better. But several key drawbacks kept us from making it our top pick—namely, an inferior auto-shutoff feature and a shorter cord. The P12U2’s auto-shutoff feature—the thing that prevents it from delivering power to your electronics after it’s lost the ability to protect them—only kicks in when the main (L-N) leg wears out. This means that if either of its other two legs (L-G or N-G) breaks down first, it will continue to send power to your devices, and they could become damaged in the event of a surge. The silver lining is that the P12U2 has two notification LEDs—long strips of clear plastic stretching across the full width of its body—which clearly indicate when it’s no longer able to provide protection or if there’s a short circuit or wiring fault. This is the only model we considered with this design; most surge protectors’ notification lights are the size of a pinhead. Just like our pick, the P12U2 has plenty of AC outlets (12). The absence of telephone and coaxial connectors on the P12U2 might be an inconvenience if you want to hook up your landline phone, dial-up internet, or cable box through your surge protector. For everyone else, though, it’s no great loss. Plus it has two USB ports, which aren’t super useful for a media center but are nice for a home office or anywhere that you have devices that can be charged or power directly over USB. When we zapped the P12U2 with 5,000 volts, it staved off the surge about as well as our top pick, with a let-through voltage of just 205.2 volts, which is well under the 330-volt UL rating that comes with this surge protector. Like our top pick, the P12U2 has a limited lifetime warranty to cover any defects. It also has a rating of 4,320 joules, which is about 50 percent higher than the Tripp Lite (though it’ll protect your equipment equally as well from any single surge). Like we explain in Flaws but not dealbreakers, the higher joule rating means that the APC model should last a little longer, but it’s just an estimate, and there’s no way of knowing exactly how much longer that will be. The P12U2’s cord is only 6 feet long, but we think in most cases that’s still plenty long to reach across a room. Just like our pick, the P12U2 has four widely spaced outlets for bigger plugs, but its remaining eight outlets are split into two rows of four, giving you a little extra room. And its build quality is just as good as the Tripp Lite’s. We like the Accell Powramid Air for light-duty use around the house, even if we hate pronouncing the name. Like our top pick, the Powramid Air safely shuts down once its protection is expended, so you won’t put your electronics at risk and you’ll know when it’s time to replace it. The low-profile design (about 7.25 inches in diameter and two inches high) is ideal for nightstands or end tables where space is at a premium. And despite its smaller size, the Powramid Air was able to suppress the most common surges as well as most larger models. The Powramid Air’s auto-shutoff feature will permanently power down the unit when it has reached the end of its life and is no longer able to suppress surges. That’s the safest way to be sure that your surge protector is actually protecting your electronics. Even if you aren’t using the Powramid Air to power pricey equipment, like you might with our main picks, it’s nice to have the added peace of mind. It has half as many AC outlets as our top and runner-up picks, but we think six is sufficient for a light-duty surge protector. Plus, it has two 2.4-amp USB ports—upgraded from 2.1 amps in an older model, the Accell Powramid—which gives you faster charging speeds for most smartphones and tablets. Even if you plug in a reading light, sunrise alarm clock, essential oil diffuser, and a Qi wireless-charging dock—to describe my own bedside table—you’ll still have a couple of outlets to spare. In our testing, the Powramid Air only let an extra 291 volts through, on average, when tested against 5,000-volt surges. That’s in the same class as our top picks that were closer to 200 volts. However, it probably won’t last as long—it’s rated to absorb only 1,080 joules before it wears out, much less than the joule ratings of the Tripp Lite (2,880) and APC (4,320) models. Though our other picks have lifetime warranties, the five-year warranty on the Powramid is about as long as you should keep a surge protector anyway, since the protection circuits will wear out eventually. The Powramid Air is sleek and compact, with a flattish shape that (at just two inches tall and a little over seven inches in diameter) makes it easy to slide under an end table. Its 6-foot cord is thick, flexible, and durable. Its blue-and-green LEDs (which let you know, respectively, if the unit is powered on and protective) are well-marked and clearly visible on top. The ports' generous spacing gives you full access to all of them. If you want something that offers solid protection in a small package—say, to power a single appliance on your kitchen counter, and to charge a couple of smartphones—you should get the Tripp Lite 1-Outlet SK10USB. In our full guide to small power strips for travel, we recommend models with as many as four AC outlets and up to two USB ports. But while those power strips offer just token protection, the SK10USB provided solid protection in our testing. We used to recommend Tripp Lite’s SpikeCube for this category, but the SK10USB has two 2.4-amp USB ports; the SpikeCube has none. Plus, the SK10USB has an auto-shutoff feature—the only single-outlet option we’ve found with this capability. In our testing, its let-through voltage (292.4 volts) was comparable with our main and runner-up picks. Although its expected lifespan is less than half or our top pick’s (based on a rating of 1,080 joules), it’s just as good as that of the Powramid Air. And it comes with a lifetime warranty, which is impressive for such an inexpensive device. In terms of look and feel, the SK10USB seems surprisingly durable and plugs straight into a wall outlet without adding much extra bulk. There’s plenty of room between the AC and USB ports, preventing plugs in one from blocking the other. It’s also a bit more sophisticated-looking than our previous pick, the SpikeCube, which has a bulbous beige plastic exterior. Most people don’t need this degree of protection, but the Furman Powerstation 8 had the strongest surge protection out of the dozens of models we’ve tested, besting even high-end series mode surge protectors that cost hundreds more. Even though our tests showed that common equipment like computer displays can survive surges when protected by our less-expensive picks, stronger protection may be worthwhile in some cases. If your home theater or office workstation budget is in the five figures, then a little more spent on improved protection is reasonable. And if you prefer to have complete peace of mind, there’s no more affordable way to get it than the Powerstation. Even though our computer monitor survived the 400 volts that our former picks expelled when subjected to a 5,000-volt surge, the Furman Powerstation 8 goes much further in its protection. In our tests, it repeatedly allowed just 40 volts of that surge to pass through to the outlets. Instead of relying on standard MOVs to absorb the entire surge, Furman adds additional protection. Once a surge goes over 137 volts, the entire unit shuts down to protect itself and any connected equipment (switching the unit on and off resets it). Any surge that gets through before shutdown passes through a series of capacitors as well as a large inductor meant to filter the extra power. The large MOV, similar to those found in less-expensive units, only sacrifices part of itself as a last resort after the filtering stage. This is why you won’t find a joule rating listed for the Powerstation, according to Furman; since other surge protectors rely solely on MOVs to absorb energy, it wouldn’t be an apples-to-apples comparison. The Furman Powerstation 8 had the strongest surge protection out of the dozens of models we’ve tested, besting even high-end series mode surge protectors that cost hundreds more. The company also claims that the Powerstation’s circuit design has led to a repair-replacement rate below 0.005 percent since it was introduced. Given how effective the setup was at swallowing our test surges, we have every reason to believe that the Powerstation will provide more protection for longer than standard surge protectors in the under-$50 price range. This improved protection comes at a cost, though, and not just in terms of price. With just eight AC outlets in total—plus two telephone ports and two coaxial connectors if you need them—the Powerstation could quickly leave you short when trying to power a lot of electronics. Its three-year warranty is one of the shortest we’ve seen, which is disappointing since we expect the Powerstation’s surge protection capabilities would last much longer than the three to five years that less expensive models survive. Its layout leaves something to be desired, with just two AC outlets properly spaced to accommodate large plugs. If you have pricier-than-average gear, though, these trade-offs make sense. While the Powerstation isn’t quite as convenient, it will provide more protection than our other picks. And it’s sturdily built overall, with an aluminum body and 8-foot cord. APC 6-Outlet P6WU2: We didn't get a chance to test the P6WU2 in this round of testing, but we'd like to consider it against the Powramid Air (our light use and travel pick) in a future update. APC 11-Outlet P11U2: This model is equivalent to our runner-up pick (the APC P12U2) in pretty much every way, but it has one fewer AC outlet and its joule rating is half as good. APC 12-Outlet PH12U2: The PH12U2 performed similarly to the P12U2, but its build quality and design are not as good. Belkin PivotPlug 12-Outlet BP112230-08: This model was formerly our runner-up pick, but it doesn’t have an auto-shutoff mechanism. Hyper Tough 6-Outlet PS682B_B: We bought the cheapest surge protector we could find at a local Walmart, the Hyper Tough 6-Outlet, and it failed spectacularly in pretty much every way. Tripp Lite TLP1008TEL: This model was formerly our top pick, but it has two fewer AC outlets than our current pick. Tripp-Lite 6-Outlet TLP606DMUSB: This one performed well, although it's really only useful for a desk or workbench—it has a desk clamp but no wall mount, and it's impractical to set it on the ground. It's also pretty lightweight and feels flimsy. Tripp-Lite 6-Outlet TLP66USBR: It’s nice that this one has four USB ports, whereas the most that any other model we tested has is two, but it had less-than-stellar output and let-through voltages in our testing. Plus, its extendable USB hub feature is hard to maneuver and not all that useful (it seems like a gimmick) and there's no option to wall-mount it. Tripp Lite SpikeCube: This was formerly our one-outlet pick, but unlike our current pick in this category, it doesn’t have an auto-shutoff feature, nor does it have USB ports. It’s homelier in appearance, too. Noise filtering: Noise filtration is a common “premium” feature on the more expensive surge protectors that we tested, but since most models performed similarly, we haven’t continued to test it. In any case, all quality power supplies, whether internal or external, have some noise filtration built in. Connected equipment insurance coverage: While many surge protectors are sold with this, we disregarded it when deciding which models to test for this guide. We suggest that you read the fine print, since often you’ll have to jump through a bunch of hoops to collect in the event of disaster. If you want financial protection you can count on, don’t get it from a tech manufacturer. Just make sure you’re covered by your homeowners or renters insurance policies. “Smart” surge protection: The smart surge protectors we’ve come across thus far are really more like “high-tech power strips,” says Wirecutter staff writer Rachel Cericola. In general, their joule ratings are laughably low, and their let-through voltage ratings are dangerously high. We’ll keep an eye out for improvements, but for the time being the performance just isn’t there—and, as with any internet-connected device, you’re opening yourself up to security risks. Whole-house surge protection: Homeowners can opt to install a surge protection device (SPD) for their entire home that works in a similar manner to plug-in surge protectors but provides protection at the front door. According to Mike Hyland, a utility expert we interviewed in 2017, this was an option pitched to people by utility companies in the 1980s and ’90s in an effort to increase revenue, but it fell out of favor when the companies made investments in other areas. Estimates to have an electrician install an SPD range from $500 to $1,000, assuming your home electrical panel and service from the utility are modern enough to wire it in. We researched whole-house surge protectors and learned that they are typically rated at a much higher let-through voltage, clamping at 600-1,200 volts—a let-through voltage of 430-1,030 volts. This is 2-4 times higher than our picks and should be able to prevent damage to appliances, table lamps, and other electronics that are less sensitive to surges than computers and A/V equipment. But it’s high enough that we would still recommend adding surge protectors for your sensitive equipment, even if you already have a whole-home surge protector. Lee Johnson, our engineer, didn’t test any whole-house surge protectors, but he says it’s only worth considering if you live in an area that’s at high risk for routine surges or line downings. Series mode surge protection: If your home theater costs more than a compact car, then series mode protection may be worth considering, but the technology isn’t worth the huge price tag for most people. These surge suppressors are superior to MOV-based protection on pretty much every point—we’ve tested them in the past and they let virtually no extra voltage through, and the non-sacrificial components are designed to last indefinitely—but they can cost more than 10 times as much to replace as our top picks. Plus, our pick from Furman, which is less expensive than true series mode protection, had similar performance. Never daisy-chain multiple surge protectors to add outlets or plug a surge protector into an extension cord. This is an easy way to exceed the current ratings on the surge protector and even the wiring in your walls. The best-case scenario is that you trip a breaker or blow a fuse. The worst-case scenario is that something starts melting. That’s the opening act for an electrical fire. Never plug a surge protector into an ungrounded outlet using a three-prong-to-two-prong adapter. Bypassing the ground will render many of the benefits ineffective because two-thirds of the MOVs (components that provide electrical resistance) are often tied to the ground leg. Use three-prong plugs, or plugs with one blade that’s thicker than the other, whenever possible. According to the Consumer Product Safety Commission, this decreases the risk of electric shock. When you first plug in a surge protector, make sure that the status lights don’t report any problems. Most protectors have a single grounding light that indicates whether there’s a ground fault. If it shows that there is one (typically by being unlit), call an electrician as soon as possible to determine whether you have a wiring problem. A ground fault could fry your devices, electrocute someone, or start a fire. Always replace your surge protectors after any large event (lightning strike down the block, multiple outages in rapid succession), and if you’re plugging in new gear, check each outlet for burn marks or any sign of damage. If your protector delivers power even after its MOVs have failed, plan to replace it anytime you have a major electronics upgrade, or at least every 3-5 years. In our guide to the best space heaters, we warn against plugging space heaters into an extension cord or power strip—and that goes for surge protectors, too. In order to generate heat, space heaters and other appliances with an open heating element (e.g. toasters, hair dryers) use a lot of power, increasing your chances of overloading the outlet. The extra connections and cord length of a surge protector also add resistance that can allow heat to build up, potentially catching fire or otherwise damaging the device. The warning tags and instruction manuals that come with open-heat electronics (that you probably skim or ignore completely) often warn against using them with extension cords, power strips, or surge protectors. To be on the safe side, plug them straight into the wall. We know they’re not the prettiest things to look at, but you should never cover up any part of a surge protector or extension cord with rugs, poufs, or other decorative items. This type of direct contact prevents heat from escaping, which could start a fire.

2019-04-19T08:23:52Z

https://thewirecutter.com/reviews/best-surge-protector/

We have created this space in response to the many many messages of tribute and remembrance we have received about our great friend and inspirational Research Director, Adrian Leftwich, who passed away on the 2nd April 2013. It begins with some touching words from his children. My Dad was my rock. He was always there for me and was always trying to help me with anything I was doing. When I was at school he would always take the time to help me with my studies, Following school I began a career in the music industry which Dad was always supportive of. He took the time to befriend everyone I worked with and always listened and advised me on my songs. My Dad believed passionately in the values of kindness, equality and peace and will be sorely missed. His spirit will live on and continue to help people. He was the kindest and most thoughtful person I ever met and I love him. My Dad was my whole world. We were best friends. We called ourselves the 'Dream team' as that is exactly what we were. My first instinct is to say that Dad has taught me everything I know about the world, but on reflection this isn't the case. What my Dad has taught me is to think, to ask, to develop a passion for the desire to understand. For the last twenty two years, I have been in complete and utter awe of my Dad. He has always cared so deeply about doing good in, and for this world, and showing love and care in the most wonderful of ways. I have learnt more from Dad than anyone else on this planet. He has offered me so much direction and inspiration, and that has led me to my degree in Social Anthropology at LSE. It has been a beautiful blessing for me over the last few years to be able to share, exchange and develop our ideas together about things ranging from development, to marriage rituals in the highlands of Papua New Guinea, to issues of social justice to where my path may lead in the future. One thing is for sure, my path will be graced with all the love, nurture, guidance, kindness and wisdom my Dad shared with me throughout my life. I am so honoured to be able to call myself my father's daughter. This world is not a darker place without him, but a much brighter and warmer place to have been blessed with his presence on this Earth. I love you forever. Dream Team. A real tragedy. My husband and I were just talking about Adrian recently - about how humble and down to earth an academic he was, yet with such depth and breadth of knowledge and a desire to create and inspire others to create new understanding. Adrian was an excellent colleague-from-a-distance, both as a source of inspiration and ideas and as an excellent External Examiner to the IDS Masters programme in Governance and Development. I feel enriched through having known and worked with him. This is a terrible news...I'm from Mexico, and in the last years, Dr. Leftwich has been a great inspiration for a new generation that is trying to promote the perspective of the primacy of politics in development...In personal terms, he was the most important referencce to think about the project for the "post-doc training" that I will make during this and the other year at UC, San Diego... Is a terrible lost..., he was one of the fathers,. maybe the greatest one of the field of "Development Politics". Reading Steve Hogg's tribute piece brought back many memories from my brief but indelible time with Adrian. As an undergraduate in York (1997-2000), I was his student on his 'Politics of Development' course where he was also my undergrad thesis supervisor. Even as I have challenged his ideas as an undergraduate, and more recently as a doctoral student, Adrian's legacy has guided my decision to dedicate my life to the study of Politics. I wholeheartedly agree with the four memorable traits of Adrian you listed but there is something you neglected to mention, and that is his courage in life. History will perhaps forever judge him unkindly, but in his moving essay "I Gave the Names" published in Granta in 2002, Adrian imparts one of the most important lessons in life - how to live with your demons and how to reconcile with one's mistakes. The bravery in how he dealt with this dark chapter in his life remains an inspiration to us all. No doubt it continued to be a deep emotional wound for him until his death, and yet how he radiated light and inspired anyone who had the good fortune to cross his path...I am forever indebted to him and hope now to be able to pay back to society, inspired by his example. With great sadness. Extremely sad news - Adrian has been a great colleague to me for many years and a major intellectual guide as the champion of serious political economy for over a decade at DFID and since. His combination of great intellect and extreme modesty will be sorely missed. I am so sorry to hear this news. Adrian and I never met but we did have a long conversation via Skype (very early in the morning for me and early evening for him) in which we talked (and talked) about the Pacific, about leadership, about development, about politics and about research. I am confident we could have spent the whole day/night talking and not got bored. I had hoped it would be the first of many such conversations but sadly that was not to be. My thoughts are with his family and friends at this time. Adrian touched so many peoples' lives with his searing intellect and dogged determination to nut things out. There aren't many people who can combine these attributes with a wonderful capacity to laugh out loud, often at his own expense. A truly beautiful and very rare soul. His is a great legacy and one that we all have to cherish. Give him the love of the Davidsons. We have to make sure that we can continue this work. It's a big loss for all of us. Adrian and the work of DLP has already had such a positive impact on development thinking and practice. He will have a lasting influence on me & the design and strategy I have been working on for the last year have really been shaped by DLP ideas. And, in person, he was such a generous intellectual. Adrian has been a real personal inspiration to me as well as being someone who has made a major contribution to debates in the development sector more broadly. His scholarship on the politics of development has inspired our thinking and provided us with a rich source of ideas - as evidenced in our latest blog post. We will miss his sharp mind, great sense of humour and intellectual support. Our best wishes go to his family and friends. I knew Adrian from university and he was also my supervisor for my BA and MA dissertation. I have always been in awe of his great intellect, clarity of thought and understanding, he was always willing to listen to new ideas and encouraged people to develop their own perspectives. He was also a master of communication and had a unique quality to explain the most complex issues in a lucid and logical manner. Personally, I am honoured to have known Adrian and feel proud to have worked with and for him. Ultimately, I feel extremely privileged to have known him as a friend. I will always remember him forever as a hero and inspiration. Adrian has always been such an energetic person, intellectually and physically. My thoughts are with everyone who loves him, in this difficult time. His passions and his light continue to burn brightly. With great sadness, Deborah. My time working with Adrian and DLP will forever be one of the most intellectually challenging and rewarding opportunities of my life. Since receiving your email, I've been reflecting on all of the things he so generously took the time to teach me, and I consider myself very fortunate to have known him, even if only for a short time. My thoughts and prayers are with Adrian's family and with everybody else mourning his loss. I drove past the lighthouse near here the other day and thought of him and how much this part of CT pleased him as a youth. We had a gorgeous fiery sunset last night and again I remembered him and wished he could be here to share it. It is terrible news and a great loss to the generational accumulation of wisdom for he has contributed greatly to that and I am sure, had much more to offer. I am truly saddened and feel such a tremendous loss with Adrian's passing, and have sincere gratitude after reading Steve's tremendous tribute. The Indonesia team of the Asia Foundation only met Adrian a few years back, but the space he created for dialogue and exchange through the DLP have made a tremendous impact on the way we think and act, and it is with sadness and respect that I write up a few of our memories of him. Adrian's infectious energy, his clarity of thought on complex issues, and his passion for 'getting it right' have truly inspired us to do better. After hearing him present at a workshop, I felt a deep sense of resonance, and was so excited that I started planning an ad-hoc 'DLP study' with my colleagues here to test his concepts. Adrian was genuinely interested, and offered encouragement to me and my colleague Erman Rahman via email as we developed the methodology and wrote up our findings. In the years since, Adrian helped us access international forums to discuss our work, and promoted our paper with such vigor that I credit him with it getting a review on the infamous development blog by Duncan Green. To this day, my colleagues and I all continue to put forward what we first learned from Adrian in our exchanges with partners and donors. I even still occasionally refer back to the hand-written notes I scribbled during the very first session where I heard Adrian speak, where he laid out a wealth of academic and applied learning from his lifetime of inquiry. Those notes are full of arrows, exclamation points and 'notes to self' that show how many 'a-ha' moments I had as he presented his wisdom. Like for so many other people he worked with, Adrian's ongoing support meant a tremendous amount to us. Our team is on the front line of managing the politics of development work in Indonesia, but we often lack the time and networks needed to connect with others who are thinking, reflecting and learning about the issues that Adrian and the DLP addressed. When he came through Jakarta, Adrian made time to meet with us, and those discussions led to synergy and new connections. He was wise, humble and genuinely interested in hearing the latest chapter of our 'life in the trenches.' He valued our practical contributions, and helped us make sense of our work in the larger context of academic thinking, to which we may not have otherwise had much access. After hearing the news of Adrian's illness, my colleague Sandra Hamid and I were reminiscing about running into Adrian during that first workshop, after a long day of presentations where he was a key discussant. We collapsed into the hotel bar and ordered a beer. Adrian raced by us in shorts and a tee shirt, off to exercise. He stopped to chat, his trademark smile wide as ever. As he trotted off to work out, we recall looking at each other and saying 'Wow, what an inspiration!' Almost thirty years our senior, Adrian was literally running circles around all of us. It is incredibly difficult to imagine him being anything less than full of life. When I read Steve's tribute, I was humbled to hear that Adrian said that DLP was 'one of the most fascinating experiences of my life.' I can only hope that our team can bring a fraction of Adrian's passion, commitment, charm and enthusiasm to the work we do. To Maddy and Ben, we send our love and heartfelt condolences. I hope that writing up our memories of your father and the difference he made in the world can bring some comfort to you in the days, months and years ahead. That Adrian's legacy will live on is indisputable. Adrian was a force of nature; he would breeze in from a long haul flight, chair a conference with eloquance and verve, and then proceed to whip people half his age in the swimming pool afterwards. Adrian thought, wrote and obsessed over the nature of good leadership but he also practiced it. He led by the example of his integrity, kindness and his unswerving belief in the importance of respecting local context rather than prescribing what had worked elsewhere. Sometimes he would sign off from an email by saying 'stay curious.' That was Adrian; leading through his infectious delight in discovery. Who could help but want to follow him down this path? Like so many others, I have come to rely on Adrian's incredible ability to see the important part of an argument, remove the chaff I'd wrapped it in and rearticulate it in a way that made it feel like I was really getting to the heart of the matter - even though I'd failed to see that for myself. If I could do that for my own students I would be thrilled, but if I can do it with the good humour and generosity that Adrian did this for me and for so many others, this will the most fitting tribute I can make to him. I will greatly miss Adrian's enthusiasm, calm and his belief in those around him as I try to live up to what he taught me. I am so very grateful to have experienced Adrian's boundless generosity in knowledge and time. I couldn't have asked for a stronger foundation early in my career than the guidance, knowledge and passion for clarity Adrian provided. I will continue to grapple with the ideas Adrian dedicated so much vigour to exploring, developing and communicating, an intellectual challenge that I am privileged to have received. Thank you, Adrian. Adrian Leftwich will be deeply missed. He had a deep interest in all those whom he worked with, and it was not instrumental either, but a genuine care for them as people. I recall the first day we met him, I was with my colleague who at some point called him to check on her son who was ill. Not only did Adrian show a real interest in her son's well being, but proceeded to send her an email the next day, asking about him, not having forgotten his name. It is these little things that show the quality of a human being. Though Adrian had a sharp intellect and a breadth of knowledge and experience that were extremely impressive, he never assumed - or acted - as if he knew it all. He was keen to continuously challenge his own assumptions, probe deeper and in humility persist in the search for truth. No wonder he was able to engage people very diverse in their disciplinary backgrounds, personal professional trajectories and ideological orientations, always winning their admiration and respect. This is truly sad news...Adrian recently examined my thesis (January, 2012) and my work has greatly benefited from his insights. I have always been an admirer of Adrian's work and the fact that he came out to examine my thesis despite his illness is a real testament to his character. My condolences to his family. Rest in peace Adrian. Adrian was an inspiration, a support, a mentor and a great friend to me. He believed passionately in the work that we were doing, and in making a real difference to people's lives, and it was his ability to connect with people that I will remember most. With his deep laugh and his warm smile, he had a profound love of people in general. No matter who you were - how young or old, how senior or junior, through his work and in his day-to-day life, Adrian took the time to listen, to understand and to help the people he met. He always found time for everyone. In the time that I worked with him, he helped me to develop both professionally and personally. He built up my confidence through his confidence in me, and he inspired me to think and look further in everything I do. It will take me a lifetime to digest all of things that I learnt from him, but I feel truly privileged to have known him, and to have had the opportunity to work at his side for the last five and a half years. Adrian, I promise I will do my best to help keep DLP true to your vision, your passion and your integrity. It is with great sadness to hear of the passing of Adrian. He was instrumental and encouraging in assisting us - Leadership PNG - get off the ground initially a while back. He has also been very influential in development leadership and had kept the discourse vibrant and up to date. Like a supernova his work and influence on developmental leadership shall radiate in the human celestial sphere over time in years ahead. On behalf of Leadership PNG, our sincere condolences to the DLP team and his family. We pray his legacy shall prevail through you all. I am deeply saddened by the precipitous passing of Adrian, one of the pillars of Development Studies in the UK whose work will continue to inspire many more generations of students studying the politics of development. I considered Adrian a friend and, in recent years, we often compared notes about the difficulty, but the necessity, of transmitting the findings of our research to practitioners. All of us who are trying to understand the world in order to change it will keep Adrian's ideas alive and will find inspiration in his critical approach, his perseverance and his wry sense of humour. I will deeply miss him and I send all my sympathy to those of you who worked with him on a daily basis and to his children whom he loved so dearly. Accessing the Big Push website, I read about Adrian's death. I mainly knew him through the DLP and some of his earlier work, and thoroughly appreciated his wit and his drive to communicate and interact. He was generous in sharing ideas on the one occasion that I directly approached him - and will remain inspired by his ideas about leadership, agency and politics. At many an occasion I have shared his stuff with colleagues and friends. I would like to add my deep felt condolences to all those that have been extended already to friends and family. I spent 3 years at York University studying my PhD in Post-war Reconstruction. I was researching the reintegration of former combatants in Rwanda. As part of my first year obligations I had to attend Adrian's classes on 'Foundations of Political Science'; I say had to because for those who had not previously studied politics it was obligatory even though I did not really want to go. I was very glad I did. Adrian was the only lecturer I knew who used examples of football to easily convey more complex political theories. However, what I will always remember about Adrian was the christmas party for staff and PhD students 2.5 months after I started at York. I sat down at my assigned table to find Adrian sitting next to me. I had enjoyed his lectures and thought we may have a little chat, but, given I was well on my way to having a good night, did not expect to get involved in any deep political conversations. Anyway, I knew my stuff so why should I be worried? Well it turned out worried is exactly what I should have been. Adrian seemed to be exceptionally interested in my research topic, and beyond that, what my theoretical framework was, how my methodology would advance my area of study etc etc. The trouble was, I could not fob him off with the argument it was not his area so he would not be interested. He was interested, much to my chagrin at the time. I had to explain exactly what I was doing, why I thought the way I did and how I was going to advance theory and practice. How the hell did I know that? I was half pissed and I didn't really know anyway. The inquisition went on for what seemed like eternity until either Adrian was satisfied with my response or got bored with my stuttering, bumbling answers. In the long run, however, that conversation/education got me focused; I was not going to get caught out like that again. I never did have a dinner like that again with Adrian but I know I have a lot to thank him for. RIP Adrian. Bon Courage. There were so many things to admire about Adrian, to which many people have already touched on. But the one thing which I truly admired about Adrian was his deep inner trait of a 'fighter'. Behind everything Adrian did was a dogged determination to make something happen, to get results. And not forgetting, that in the midst of all his academic brilliance and influence, was a desire to make the world a better place for the poorest and most disadvantaged people. He never lost sight of what the main game was. I will miss Adrian terribly. He was a true and loyal friend. He was a man of his word and conviction. His fighting spirit will love on in so many ways, through his family and friends, through DLP and, I like to think, in how I live my life. Adrian Leftwich, an eternal fighter with a heart of gold. I'm so glad to have known you. I've only had the privilege of meeting Adrian Leftwich once, at a conference in Leuven, Belgium, in the summer of 2008. I knew some of his work and that he was considered one of the intellectual heavyweights of Development Studies so I was expecting someone who was busy and aloof. Adrian was none of these things, instead he impressed me with his congeniality, his interest in the work of others and his humour. And while his death is obviously a great loss for the academic world, I think it is his humanity that will be missed even more. I was very privileged to know Adrian during our time on DLP. He was such a hard working person and didn't seem to know how to put the brakes on. He was always going at 200 kms an hour. Even when he was travelling from York to London he would send me an email from the "wobbly train" (as he called it) very concerned whether DLP researchers had received their funding agreement and been paid for their research activities. A very selfless person and always looking after the welfare of others first. It was such a pleasure to work with and learn about DLP from Adrian. Such a inspirational person. Adrian you will be sadly missed. Rest in peace my friend. Collectively, we have lost an inspirational colleague and a visionary thinker. On a personal level, I am devastated that Adrian is no longer just an email away to provide sage and generous advice and give me confidence that I'm on the right track. He was an exceptional person, and I shall miss him deeply. I was deeply saddened to hear about Adrian's passing. Adrian was an inspiring intellect and a wonderful human being -- intellectually sharp, engaging, and so giving and generous. I had the opportunity to work with him on a few different things throughout the years, and he was always so supportive, resourceful, and engaged. .I also know how determined he was to fight this fight. He was a lesson in grace and courage throughout, and there was so much more he still wanted to do. It was a privilege to have known him, and we will all miss him terribly. Shocking news. I was a grad student and lecturer at York 1977-85 and even though I work on the Soviet Union and not development I was truly inspired by Adrian's approach to politics: wide-ranging, critical and never content to stick within disciplinary boundaries. I moved to the US and we stayed in touch sporadically over the years. I called him out of the blue last July, the first contact in a decade, and we picked up exactly where we had left off. He was about to leave for Fiji the next day but still he spent half an hour explaining his work for the DLP. I passed on some of his latest writing to my own students. I remember his wit ("Dress British, think Yiddish.") I will miss him. I was shocked and very saddened by the terrible news of Dr Leftwich's passing. I spent around five years learning political science under Dr Leftwich's supervision in York between 2005 and 2009. It was the most rewarding and happiest time in my life as a student. After I graduated, Dr Leftwich did not stopped his support for me. He always encouraged me and sent numerous reference letters for me whenever I requested his help, even when he was diagnosed with cancer last year. Dr Leftwich was the most responsible, patient, and wise teacher I have ever met. I am truely grateful for his teaching and what he did to improve my life. It is perfectly legitimate to view him as the modern Confucius in Britain, and I will always remember him as my best mentor. Adrian held a very unique place in my heart in that he was my Godfather, an honour that many hold lightly if they remember their position at all (my other god parents very much included in this). But Adrian was very different in this regard, something which will not surprise many of you I'm sure. And whilst not concentrating so much on the 'God' part of the bargin, he was ever present in my life in some way shape or form and completely excelled any expectation of the 'father' role that he undertook. I have one very strong memory of Adrian from when I was maybe about 6 or 7 years old which perfectly encapsulates how wonderful a man he was - I couldn't sleep one night for whatever reason, and my mum had either run out of ideas or I had taken her to the end of her tether (conveniently cannot remember which) when she suggested I give Adrian a call. So I phoned him up out of the blue one evening and he dropped whatever he was doing to give me and my problem his undivided attention. Not only did he listen and completely understand my situation, but he then provided the wisdom that not only worked wonders, but that every 7 year old boy wants to hear: have a hot chocolate. It was his way to make you feel like you and your problem, story, experience, or whatever, was the most important thing happening in that moment, and his ability to listen and tell you exactly what it was that you needed to hear. His generosity knew no bounds and I always knew I could talk to him about anything. His interest in me and my life was so unfalteringly genuine that I was often surprised by it (you'd have thought that I would have learnt after 26 years of it!). Adrian, my life is innumerably richer for having had you play such a key part in it: you will be sorely missed. I am the last PhD student that Adrian supervised before he went on retirement. I count myself very lucky to have had this special man in my life. Adrian was the one who made it possible for me to get a scholarship to study under his supervision. His love and concern for me was so great that many of my colleagues wished to have him as their supervisor. In January 2012 my phd scholarship ended and I started contemplating going back home (to Ghana) to finish the study there. Adrian did something unbelievable. Adrian took over the role of the scholarship Secretariat and every month he will put money into my bank account! I felt so uncomfortable because I did not know how I was going to repay him. 'How can I repay you Adrian?', I asked him. To my great surprise he told me this, "Daniel, repay it by showing the same love, kindness and generosity to your students". When I ponder over what Adrian did it is clear that Adrian wanted to spread an everlasting message that could transform the world into a better place for the poor. Of course he was the Co-Director of the Institute for Pro-Poor Growth (IPPG). To him, poverty in the world could be reduced, if not eliminated, if all educated people understood his conception of love and kindness. It is a conception that Jesus Christ preached and acted in the Bible. "Adrian, it's a deal!", I told him. Two days ago I told my students about this wonderful eternal deal that Adrian reached with me. I had to tell them because I was struggling to hold back my tears after I read the email informing me that he had passed away. The lecture room became silent for some time. I could feel that Adrian's extraordinary act of love and kindness spoke loudly in the hearts and minds of my students. After the lectures some of the students wanted to see more of his photo. I am sure that Adrian is achieving his goal through the special deal that he reached with me. My spirit will be present at his funeral. God bless his soul till we meet again! My heartfelt condolences to Adrian's children, colleagues, and the many people whose lives his work influenced. My interaction with Adrian was brief, but it left a huge impact. Reading the tributes on this page, this experience seems typical. I replaced Adrian as Lecturer in the Politics of Development at the University of York in 2006-07, as he was on secondment to DFID. Despite a busy parenting, research and work schedule, Adrian made it a point to reach out. We discussed the courses I had been asked to teach, and he willingly shared his vast repertoire of films on development. I had open access to his lecture notes and slides, and the exhaustive reading lists on a range of topics that he had, clearly, prepared painstakingly over many years. I still use those resources and value them deeply. Adrian's writing has been on every single reading list I have prepared since 2006. I have said this often over the past few years, and more so since hearing of Adrian's passing: I am so very proud that my first job in academia was associated with Adrian Leftwich. Thank you Adrian, for everything. Thank you Adrian, For all the inspiration, encouragement and warmth that you have spread so generously to the people around you. I have only met you a couple of times in person but consider you as one of my most important mentors. I only emailed with you over a period of a few months, but felt a remarkable connection and friendship. I feel incredibly privileged to know you. Be well, wherever you are now. It was with true sadness that I learned of Adrian's illness and death. Adrian began working with Transparency International through the DLP a few years ago, and he was inspiring as both a very bright mind and a truly engaged person. He was enthusiastic about the work we were doing and planning, rigorous in his pursuit of practical research, and kind to a T, always adding a lot of personal warmth to our interaction. I hope his spirit lives on in all our work and send my deepest condolences to his family. I have worked with Adrian over the last three years on one of the DLP's research projects. Working with Adrian was a true joy - he never ceased being curious to understand 'how things really work' at the local level in China and he kept pushing for making academic research as policy relevant as possible. In addition to being a true mentor and role model for me in academia, Adrian was simply such a wonderful, charming, and humorous man. One of my favourite moments with Adrian was going to the swimming pool in Sydney after a long workshop day and oh boy did he out-swim us all! Adrian also talked always so fondly about his two children, who meant so much to him. My deep condolences to both of them. I am very proud to have known Adrian and will miss him but his ideas and mission will continue in our work. I will always be grateful for the opportunity I had to work as a researcher with Adrian Leftwich on the DLP. The time that I was privileged to have spent in his intellectual orbit was without doubt the most stimulating and rewarding academic and professional experience I could ever have wished for. Adrian's ability to motivate, stimulate and engage people about pressing political problems was second to none. In addition to his profound talent for analysis, he was a kind, loyal, compassionate and encouraging colleague. He was generous with his time, curious about the world, and passionately committed to bringing about positive change in the lives of those around him. The impact he made on my own personal development is impossible to measure. It was an absolute honour to have known him and to have worked with him, and I will miss him deeply. We join in being very saddened by Adrian's death. He inspired us and we liked him, a lot. Our thoughts and best wishes go out to all his close friends and family. Adrian had the rare combination of a passion for getting to the heart of ideas and a deep commitment to making research relevant to the world. I won't forget his constant reminders during conferences to make sure we were addressing the practical issues which would come up at work on Monday or his detailed and thoughtful explanations of what taking politics seriously really requires. I've drawn heavily on his writings and his personal advice in my work and his example will continue to push me to try to do the kind of engaged and critical research he would approve of. But above all Adrian was incredibly kind and generous, never too busy to share his considerable experience, wisdom, and humor. He took me seriously as a young researcher and had a gift for making everyone feel that their thoughts were not only worthwhile but also exciting. I know his work and ideas will live on in the many researchers and development practitioners he has touched and inspired. As well as being one of the world's leading thinkers in the political economy of development, Adrian was an extremely nice guy. Clear-headed, infectiously enthusiastic, and very generous with his time - he will be sorely missed. I look forward to a day when I can leave a mental snapshot as a medium to express my thoughts on certain occasions rather than grasp for the right words and still find them wanting. A paragraph of remembrance and tribute for an individual such as Adrian Leftwich certainly is one such occasion. While, like many, my 'in person' meetings with Adrian were limited and my 'day to day' engagement - firstly as support to Liz and then as her pale imitation - was on the less than exciting administration and fund management side, all the words such as 'inspiring', 'helpful', 'caring', 'enthusiastic' and 'intellect' are so understandably, quintessentially, 'Adrian'. For that to be understandable via email, telephone and Skype is one thing, to experience it in person quite another. I will forever be grateful for the opportunity to sit through the DLP Coalitions Workshop in Sydney, as the humble per diems courier; for having seen Adrian 'in the chair' and engaging with the participants was to see thought in action and to physically understand why the work of the DLP is so important. It is perhaps a measure of a man that in spite of such a fleeting passage through another's life such a sense of loss is created as well as a sense of privilege for having had even that fleeting moment. My condolences to Adrian's children, colleagues and friends. Adrian was a gentleman and a great thinker. We worked together in a project on Institutions and Pro-Poor Growth. He taught me, and many others who were new to that subject, how to blend political economy analyses with some core issues of development economics. He has made a significant contribution to the subject of development studies. We will miss you, Adrian - your enthusiasm to work with people from diverse background, your ability to explain complex issues in simple language and, most importantly, your respect to diverse views and capacity to listen to others. I still remember that pleasant afternoon in May, 2007 when I was taking a leisurely stroll along a Manchester sidewalk. All of a sudden, something whizzed past me, giving me something of a startle. Pointing towards the disappearing vision of a sprinter in black tracks, a fellow participant at the IPPG programme which I had come to attend, clarified, 'That is Adrian Leftwich.' In the subsequent meetings and interactions that I was blessed to have with him in the months and years that followed, Adrian touched me in the most warm and intense way. Such a wonderful teacher, a patient listener, an eager learner, a sincere humanist, an untiring academician, a witty companion, a friend and a philosopher- all rolled into one endearing embodiment : ADRIAN. Whenever I think of him I cannot help reading Paulo Coelho's analogy between a wooden pencil and a beautiful soul into his life. He had the capacity to write, but allowed a 'Hand' to guide him; he had his share of injuries and the shavings must have caused pain and suffering, but in the end, like a pencil, he emerged more sharp and focused; again, as with a pencil, what mattered was the lead inside, not the exterior; like a pencil he was unafraid of making mistakes, he could erase them and write on; and, in the end, like a pencil, he left behind an impression. Sir, much like that Manchester afternoon, you have once again whizzed past all of us; but you have for sure created waves and ripples all around, and they will touch us and inspire us to run along the track you have left behind. The way I remember Adrian: I first met Adrian Leftwich in 2008 in a workshop organised by the IPPG in Nairobi. This was one of the early workshops organized by the IPPG for the project on state-business relations in Africa and in India. Adrian was more directly involved with the African part given his long interest in that part of the developing world. The Indian research, with which I was associated, was headed by the other joint director of IPPG Kunal Sen. An economist by training I naturally knew about Kunal's work quite well. But frankly speaking I did not have much idea about the academic stature Adrian had at that point. The workshop started with an address by Adrian on the possible interdisciplinary theoretical frameworks could be adopted to analyse the questions of growth surge and state business relations. I was highly influenced by that lecture and started thinking how to relate my understanding of economic theories of institutions with what Adrian was putting forward. The second and the last time when I met Adrian during the Jaipur workshop to discuss the final reports/papers on India I had already read quite a bit of Adrian's work and we had used it in our paper. Adrian took a very keen interest in our work on West Bengal. But I think that's the way he was: an extremely unassuming academician taking a lot of interest in other people's work. I remember during those extremely busy days in Jaipur he managed to sit with both Indranil and me to discuss what he felt about our work and how it could be made better to be published in a good journal. I will close this tribute to Adrian by telling you a small story. After one of our presentations during the Jaipur workshop we all were very excited and discussing with Kunal not leaving him to go and take his lunch. Adrian noticed this; came near us and gently said: 'I think you should let the man eat something, he has been working day and night'. That was Adrian, not only a true academician with patience towards all disciplines of social sciences but also a very humane personality. It was a real honour to have worked closely with Adrian over the past two years. Such an incredible mind, and such incredible energy and commitment! I admire him greatly. Adrian insisted on continuing to provide inputs into AusAID's approach to political (economy) analysis throughout his illness, including detailed written comments and long discussions over the phone (6am his time!). He would be pleased to know that his work is certainly influencing donor approaches to governance and the political dimensions of development, slowly but surely. All the very best wishes to his family. It is with great sadness that I learned of Professor Adrian Leftwich's death today. I studied with a cohort of students and learnt about PolEcon Analyses and really benefitted from his guidance as an undergraduate at York in the mid 1990s. I thought he was brave and inspirational, and I respected the decisions that he made. May he rest in peace. I write this as just one of thousands of students Adrian inspired and I cannot claim to have known him well. Perhaps it is appropriate that at least one tribute comes from someone like me to represent so many in my position. I was a student at York from 1977-80 and met Adrian twice on trips back to campus in the 90's. It was telling that he recognised me, remembered key things about me and was instantly curious and empathetic. He was an inspirational teacher, thoughtful, reflective and instinctively caring. In 1977 I was an immature working class boy uncomfortable with many aspects of university and especially with the more theoretical elements of study. Adrian helped me find my way without ever seeming to lead. A gentle, fascinating, reflective and wise man. I would like to mention his early experiences in South Africa. These are part of Adrian's life and they are issues that he discussed with me briefly and very privately after I had raised in a different context my father's experiences as a prisoner of war. Everything that I know about that period means that he has grown in my estimation. For most people reading this who knew Adrian far better than me I am sure their memories are deeper than those that celebrate his intellect and teaching and therefore focus on him as a man. For me too that is what I wish to think of to cheer me up after the sadness. My memory now is of Adrian smiling broadly and walking out of Derwent to play squash, ducks in the background and leaves on the lawns. That sums up my love of York, those days and Adrian's place in my memories. At ODI and around the world, a huge number of people share DLP's sense of loss at Adrian's death, as well as great admiration for the way he faced his final challenge. Some of us received the bad news at a conference in Accra on the political economy of inclusive development, where we debated quite a few of the issues about which Adrian was most passionate. Many there who did not know him personally told me of the great respect they have for his work and for the very distinct contribution he made to the field of the politics of development. Those who knew him better feel more than a little anger at the unfairness of it all - so many things still to be done, so many debates still to be had!

2019-04-21T14:24:50Z

http://www.dlprog.org/tribute.php

Golinkin, Why Is It Customary To Place A Stone On A Grave? Eisen: Are We Witnessing the End of the Enlightenment? Click here for a fully formatted version of this article. The problem of evil is one of the greatest challenges to every theistic system. Is it possible to reconcile a belief in an all-powerful and all-good God with horrific manifestations of evil in the world? Can a theodicy–a vindication of both God’s goodness and providence in the face of evil–provide a satisfactory explanation to the reality of both natural evil–such as earthquakes, hurricanes, and fires–and moral evil–such as genocides and child abuse? And in what sense can a theological formulation help us deal with evil and to recover from tragedy? One of the common ways of addressing the problem of evil and the apparent contradiction between God’s omnipotence and benevolence argues for the unintelligibility of God’s morality. This position is expressed already in the Bible, as we read in Isaiah 55:8: “For My plans are not your plans, nor are My ways your ways–declares the Lord.” Such a position affirms the morality of God’s actions through denying the human ability to comprehend them. Where were you when I laid the earth’s foundations? Speak if you have understanding. Or who measured it with a line? I will ask, and you will inform Me. Would you impugn My justice? Would you condemn Me that you may be right? Have you an arm like God’s? Can you thunder with a voice like His? One can submit to such a God only with fear and trembling and can try indirectly to propitiate the despot with unctuous praises and ostentatious obedience. But a relationship of trust seems completely out of the question to our modern way of thinking. The problems that stem from the notion of God’s moral superiority and its unintelligibility to human beings are perhaps best captured in two well-known literary works. In Albert Camus’ The Plague, Father Paneloux, reflecting on the death in agony of a little child, expresses a version of this theological position as he remarks: “That sort of thing [the death in agony of a little child] is revolting because it passes our human understanding. But perhaps we should love what we cannot understand.” To this remark, Camus’ protagonist, Dr. Rieux, responds: “No, Father. I’ve a very different idea of love. And until my dying day I shall refuse to love a scheme of things in which children are put to torture.” Dr. Rieux simply refuses to accept Father Panloux’s demand to love that which he cannot morally understand. For him, a God who does not share his moral sensibilities is not worthy of love. [T]oo high a price is asked for harmony; it’s beyond our means to pay so much to enter on it. And so I hasten back to give back my entrance ticket, and if I am an honest man I am bound to give it back as soon as possible. And that I am doing. It’s not God that I don’t accept, Alyosha, only I most respectfully return him the ticket. A God of power extorts obedience, but cannot command love. A God who could spare the life of a dying child, who could prevent the earthquake but chooses not to, may inspire our fear and our calculated obedience, but does not deserve our love. Whatever power such a being [God] may have over me, there is one thing which he shall not do; he shall not compel me to worship him. I will call no being good who is not what I mean when I apply that epithet to my fellow creatures; and if such a being can sentence me to hell for not so calling him, to hell I will go. In this paper I present another way of addressing the problem of evil, namely from the perspective of Jewish process theology. Process theology is a theological movement based on the philosophy of Alfred North Whitehead and the theology of Charles Hartshorne, John B. Cobb, David R. Griffin, and others. Process theology approaches the problem of evil from a different direction, for it abandons some of the classical assumptions of theism–such as God’s omnipotence, omniscience, and immutability–and suggests the concept of a limited God. Over the last century, a growing number of Jewish thinkers and theologians, mostly in America, were inspired by process theology and attempted to translate its insights into their Jewish tradition. This paper discusses the ways in which two Jewish thinkers–Hans Jonas and Bradley Shavit Artson–use process theology as they attempt to articulate a response to the problem of evil. That nature does not care, one way or another, is the true abyss. That only man cares, in his finitude facing nothing but death, alone with his contingency and the objective meaningless of his projecting meanings, is a truly unprecedented situation. Yet Jonas was not a theologian and did not call for a return to religion. On the contrary, religion alone could not solve modern ethical problems for him. Instead, Jonas set for himself the goal of formulating “ethics no longer founded on divine authority,” but on “a principle discoverable in the nature of things.” In other words, he sought the objective reality of value–no less than the good in and of itself. Nevertheless, Jonas did experiment with theological writing, especially toward the end of his life. Occasionally, Jonas turned to what he called “speculative theology” precisely because he considered theological speculation–particularly in the mode of myth, which, he argues, has the ability to express truths that cannot be expressed otherwise–as the most appropriate, perhaps the only, vehicle for dealing with ultimate questions, the answers to which lie beyond the limits of human knowledge. As Benjamin Lazier suggests, Jonas, in his theological writings, “continued by other means the itinerary he began with Augustine, Paul and the gnostics.” Indeed, on several occasions, to support his philosophical, “secular” ideas, Jonas presented a myth, his variation of the Kabbalistic Lurianic myth of tzimtzum (self-contraction). This myth (in Jonas’ version) depicts a God who chose to renounce God’s being for the “endless variety of becoming” and who divested God-self of God’s deity “in order that the world might be and be for itself.” By withdrawing, God let the world run by chance, risk, and probability—without any divine direction and without knowing what this development will ultimately bring. Creation is understood here as a continuous and undetermined process that follows its own logic. The myth further depicts human beings as God’s partners in creation. Humans, through their knowledge of good and evil and the complete freedom to make moral choices, are, via their actions, able to alter radically both the world and God. This myth has several theological implications. First, this God is “a becoming God,” a God in process: “[A] God emerging in time instead of possessing a complete being that remains identical with itself throughout eternity.” This is not the perfect, trans-temporal, impassible and immutable God of the philosophers. Rather, Jonas’ God is affected by what happens in the world, including the acts of human beings. Second, and most critically for Jonas, this God is not omnipotent and, thus, is limited. Jonas rejected the very concept of omnipotence on logical grounds. Power, for Jonas, is always relational: One being has the power to influence another being with a lesser power. Because absolute power–which contradicts the very existence of anything else besides itself–“has not object on which to act,” it is for Jonas “a powerless power,” or, simply, a self-contradictory and senseless concept. Omnipotence does not make sense theologically either: for Jonas, the Holocaust “added to the Jewish historical experience something unprecedented and of a nature no longer assimilable by the old theological categories.” So much so, that it is impossible to attribute to God omnipotence, goodness, and intelligibility all at the same time. Claiming that God could have prevented the Holocaust but chose not to have done so means rejecting God’s goodness. On the other hand, claiming that God’s actions are unintelligible to us would mean disregarding our own moral sensibilities. Therefore, we would be better off renouncing the concept of omnipotence altogether. And third, this myth portrays a suffering God who could be hurt and disappointed by the world God created. God’s suffering stems from God’s care about creation and humanity; it stems from the very relation God has with the world, from the moment of creation onward, and it can be found already in the Bible. Having given himself whole to the becoming world, God has no more to give: it is man’s now to give to him. And he may give by seeing to it in the ways of his life that it does not happen or happen too often, and not on his account, that it “repented the Lord” to have made the world. Jonas’ myth expresses a radical shift in the concept of God: According to it, God is not only limited, but, truly impotent. Elsewhere, Jonas addressed this issue and sought to answer the question regarding what constitutes God’s power and action in the world. Jonas, in a naturalistic fashion, did not want to understand God’s actions in the world as “crude miracles,” that is, as actions which breach, pierce, or disrupt nature’s causal chain. Instead, he understood God as operating in the world through human beings in a persuasive manner, in such a nonphysical way that leaves the natural order intact. If we can daily perform the miracle (and in some sense it is a miracle), with the choice of our souls, with our wishing and willing, our insights and errors, our good or evil aims–nonphysical, mental factors all of them–to intervene in and give our turn to the course of the world, then that kind of miracle that leaves the natural order intact should be possible also to God, although He may reserve such intervention for rare occasions and ends. Jonas goes so far as to argue for the possibility of revelation, understood as “an irruption of transcendence into immanence.” Discussing the biblical prophets, Jonas argued that they “were not discoverers of a hidden God, but hearers of a God making himself known and willing, through them, to make himself known in all the world.” In other words, Jonas’ God has a will and a power to act upon God’s will via the human soul. Jonas emphasized that the very notion of the religion of revelation stands or falls on the ability of God to act “’into’ the world and by a particular act, not simply ‘in’ the world and by way of its ever-present fitness for a transcendent interpretation.” I shall return to this point below in my discussion of the critique of process theology. Your diagnosis made it harder for me to clutch my liberal theology with a Monarch on high who might not manage every detail but who was nonetheless in control of the guaranteed outcome… For some time, I found myself lost and drifting, I still loved God and Torah, but I felt there was a rift, that I could not stand with you and still mouth those sentiments about Sovereign and commands, reward and paradise. For quite some time, I said nothing. I would not be disloyal to what I knew or to whom I loved by failing to assert that you did nothing to deserve autism, that it was neither punishment nor judgment, that God is neither arbitrary nor cruel. Note that Artson has a different type of problem to deal with than Jonas. For here, he seeks to explain theologically not moral or human evil but what seems to be “natural evil,” namely his son’s autism. In other words, unlike the Holocaust, his son’s autism is nobody’s fault except, perhaps, God’s. In some sense, Artson faces a more difficult task than Jonas, for he cannot merely shift the responsibility to evil from God to human beings; natural evil seems to be exclusively God’s fault. Moreover, Artson rejects theodicies that argue for the unintelligibility of God’s morality, for he argues that, according to the Torah itself, human beings are granted by God the ability to distinguish between good and evil. Artson is determined to emphasize that the classic conception of God–“the God of the philosophers”–is a product of the influence of Greek philosophy, through which Judaism has been filtered for centuries. Greek philosophies, he argues, transformed the very way Jews understand their Judaism. But understanding God’s power as omnipotent in the coercive sense is not only “a philosophical mistake” but also “a religious disaster,” for it leaves us not only ethically tormented but also with a feeling of betrayal and abandonment. Nevertheless, Artson claims to find a way to solve this problem, through integrating process theology and Jewish philosophy. The metaphysical worldview of process theology is clear in Artson’s work. For him, human beings, like all there is, including God, are not autonomous substances. Rather, everything that is is a dynamic event that is interconnected with other events. As modern physics teaches us, we are all interconnected with the entire cosmos, which is in a process of continuous and constant change. God is understood in this worldview as the “organizing force” of an eternal process of continuous and constant change. Crucially, this organizing force exists not outside the world, but rather within the world. In Artson words, “God permeates the world.” Elsewhere, Artson refers to God as the “grand integration of all becoming.” In this sense, for Artson, God is the whole that is greater than the sum of its parts; God, it seems, is more than the organizing Force/Power/Mind behind the process–God is this process itself, embracing the entire dynamic cosmos and changing with it. According to Artson, this God is neither omnipotent nor omniscient but is limited in power and knowledge and not in full control over creation. Like Jonas, Artson points out the logical fallacy inherent in the notion of omnipotence, which is rejected by Artson for theological and moral reasons as well. Creation, in Artson’s process theology, carries in itself a great risk, because the “cosmos itself does not follow a predetermined script.” Rather, the cosmos follows its own inner dynamic, which is bounded by the laws of logic and physics and subjected to the free choices human beings make. Following Maimonides, Artson argues that much of what human beings understand as “evil” is really a natural necessity that has no inherent moral value. Earthquakes and hurricanes, for example, are simply natural, necessary, and amoral events. Process theology, as Artson emphasizes, understands these events in a similar vein, namely as “the very source of dynamism and life.” These are the very natural phenomena that brought forth life in the first place. The dynamism and change of this world mean not only growth and flourishing but also decay and death. Natural disasters, illness, and death are not God’s punishments but the logical outcomes of the metaphysics of becoming, according to which all material things are limited and finite. I saw God being very busy throughout Joel’s struggle–in moments of laughter and song, in the strength of the relating that bound us all as a community and kept Joel feeling connected through his very last minutes, in the determination to be there with and for his family throughout and beyond the ordeal. I never expected God to guarantee an outcome or suspend reality. I did expect to find God in the steady constant lure toward good choices and responsibility. And that expectation God did not disappoint. For Artson, then, evil is understood to be “that aspect of reality not yet touched by God’s lure or that part of creation that ignores God’s lure.” God’s “lure,” according to Artson, is the way in which God works in/through/with humanity. God offers us “the best possible next step,” and we have the opportunity to take it or to reject it. On our part, we intuit God’s lure “from the inside;” we know what we should do, but it is our choice to make. This understanding of God’s action in the world is similar to Jonas’, yet there seems to be a difference here: Where Jonas understands God to act “’into’ the world by a particular act–“an irruption of transcendence into immanence”–Artson seems to hold a more immanent worldview that sees God’s “lure” as an ever-present potentiality “in and through all of creation, at any level, inviting every aspect of creation to respond affirmatively” to it. Yet Artson makes sure to emphasize that since God is dynamic and in the process of perpetual change, the “divine lure” is “uniquely appropriate” to every aspect of creation in a precise moment. That is to say, although Artson–as a process theologian who seeks to provide a consistent metaphysics–affirms God’s lure to be an ever-present potentiality in and through all of creation, he still leaves room for instances of individual and subjective revelation. A faithful explication [of Kaplan’s thought] will not allow for an empathic, nonjudgmental God who cares about us but who does not, in some sense, represent the imperative to seek righteousness. In firm Jewish tradition, the Kaplanian perspective chooses to identify the divine with the prophetic and rabbinic ethics rather than with an all-inclusive embrace of the totality of all things–even at the expense of an account of the world that makes complete sense. What about the theologies of Jonas and Artson? How do they relate to this tension? How should we reconcile Jonas and Artson’s approaches with the traditional Jewish notion of the God of justice? An attempt to provide full answers to these questions, as well as an attempt to point out all similarities and differences between Jonas, Artson, and other process thinkers and theologians is beyond the scope of this paper. Nevertheless, I would like to suggest several comments on them. By doing so, I hope to emphasize that Jonas and Artson, very much like Kaplan, exemplify not a pure form of “classic” process theology but something more akin to a synthesis of process thought, existentialism (for Jonas), and Jewish tradition (mostly for Artson). Furthermore, I believe Jonas and Artson’s personal backgrounds, motivations, and justifications—which are different from those of other, Protestant, process thinkers—push their thought even farther from “classic” process theology. All this, let it be said at the end, is but stammering. Even the words of the great seers and adorers–the prophets and the psalmists–which stand beyond comparison, were stammers before the eternal mystery. Every mortal answer to Job’s question, too, cannot be more than that. By this, I do not mean to suggest that Jonas’ argument does not deserve an argumentative assessment. Rather, I seek to point out a crucial difference between Jonas and other process thinkers. Jonas arrived at his concept of a non-omnipotent God not simply because he was convinced by the logical soundness of Whitehead’s metaphysics. Rather, it was his own moral sense as well as his life-experience as a Jew (or, if you will, the “Jewish dimensions” of his thought) that led him to a specific theological worldview. To the Christian … the world is anyway largely of the devil and always an object of suspicion–the human world in particular because of original sin. But to the Jew, who sees in “this” world the locus of divine creation, justice, and redemption, God is eminently the Lord of history, and in this respect “Auschwitz” calls, even for the believer, the whole traditional concept of God into question. one who will not thereupon just give up the concept of God altogether… must rethink it so that it is still thinkable; and that means seeking a new answer to the old question of (and about) Job. The Lord of history, we suspect, will have to go by the board in this quest. I know that if I saw a baby about to be murdered and I could intervene and stop it, my refraining from action would violate my Torah obligations. Such an abdication does not stop being a monstrosity just because God did it. Torah tradition affirms God’s goodness unambiguously and asserts two claims that some theologians do not like to remember: we are told… that God gave humans the ability to distinguish between good and evil and that we are made in God’s image. That is to say, Torah tells us explicitly that we share the same criteria. In other words, process theology cannot fully explicate Artson for the same reason it cannot fully explicate Kaplan, for both see themselves committed to “Judaism’s standards of justice and morality.” But these are precisely the standards and values that led Artson to reject God’s omnipotence in the first place in order to save God’s goodness. Thus, it would be more accurate to suggest that both Jonas and Artson use the categories and modes of thought developed within process thinking from Whitehead onward, without appropriating its entire metaphysical scheme, in their personal, and distinctively Jewish, attempts to deal with the problem of evil. Both seek to free God from the responsibility to evil in order to save God’s goodness, even at the cost of giving up the traditional Jewish concept of God as the Lord of history or the God of justice who rewards the righteous and punishes the wicked. Furthermore, Jonas and Artson do not understand God to be the amoral all-empathetic God of Whitehead. For Jonas, God possess a will and a power to act “into” the world through human beings. For Artson, it is only “those events that optimize love, justice, compassion, [and] relationship” that are considered revelatory. However, as I showed earlier, for both Jonas and Artson, like Whitehead, God’s power is not absolute, and it is the responsibility of human beings to act upon God’s will. This is a heavy responsibility, for human beings hold “the fate of deity in [their] hands,” for God and the world are affected by the deeds of human beings. I suggest that, for Jonas and Artson, the quest for justice and righteousness is inspired by God precisely because of God’s goodness, which in turn is achieved by the rejection of God’s omnipotence and omniscience. It is not only that God is not amoral, but it is God who provides morality and value to an otherwise cold and indifferent cosmos. God works for justice in/through/with humanity. Thus, I agree with Michael Marmur, who observes that Jonas and Artson’s process theologies replace theodicy by “odyssey of activism and the quest of justice.” In this sense, God is all-embracing only insofar as God inspires morality and justice or works for justice in/through/with every human being. Human beings possess the choice whether or not to listen, to follow, or to join God in this endeavor. Moral evil, in other words, is the direct outcome of the freedom of the entire cosmos, including human beings, to make “bad choices.” In regard to Schulweis’ critique, Jonas and Artson might respond that God is neither “our friend” nor “our enemies’ friend” precisely because God’s power is not coercive but persuasive. Put simply, God cannot coerce God’s judgment. All God can do is to persuade us, and our enemies too, to act with love, justice, and compassion. However, such an answer would not satisfy a critic like Schulweis, who argues that what determines the moral goodness of God are God’s actions. But this very expectation from God to act in favor of the sufferer is at odds with the basic premise of process theology—that is, that God acts in the world in a persuasive, rather than in a coercive, manner. How do we know whether what we do or what we are intent on doing is to be traced to “divine” luring, or “divine” persuasion, or “divine” invitation? Before or after the event, can we ever read the intent of mind of the One who lures? In what sense may it be claimed we know the “initial aims” of the lure and its “unfulfilled goals”? But what is the answer of Schulweis’ predicate theology to the problem of evil? What does it provide for the sufferer who asks, “Why me?” Simply put, Schulweis’ predicate theology provides no answer, but merely a consolatory and compassionate hug. This is so because God, according to Schulweis, is not responsible for evil. Similarly to Kaplan, Jonas, and Artson—Schulweis understands godliness as discovered in the “powers and energies” that raise up human existence. Nature and history are both neutral and amoral. Godliness must be found within them, in human actions of encouragement, in compassion, in mutual aid, and in cooperation. For Schulweis, human beings, by their acts, create godliness, or, increase its presence in the world, a notion that resembles the Kabbalistic notion of tikkun (“rebuilding”), which views humanity as co-creator with God. We see then that, at least regarding its answer to the problem of evil, Schulweis’ predicate theology provides similar arguments to those of Jonas and Artson. True, Schulweis’ predicate theology provides–by emphasizing that moral qualities are discovered, validated, and consensually agreed upon within the community–a protection factor, as it were, from fundamentalism, fanaticism, and despotism. Yet this “protection factor” could be applied to process theology as well and thus answer Schulweis’ own epistemic critique. As we have seen, scholars have argued that it is theodicy that lies at the heart of Jewish adaptations of process thought and theology. This paper follows this observation by asserting that the motivation of both Jonas and Artson in developing their process theologies was a moral one. Like other critics of classical theodicy, both Jonas and Artson claim that metaphysical accounts cannot answer the sufferer’s “why,” or more precisely, “why me.” According to them, no reason will adequately explain away the pain of human loss, tragedy, or illness. I sought to argue here that process theology, especially in its “Jewish version” of Jonas and Artson, does not merely attempt to answer the sufferer’s “why.” It attempts to do more than this. First, it attempts to save not merely God’s morality but our own moral sense as well. It asserts that only a moral God is worthy of worship. That is to say, only a moral God can deserve our love—and not merely our fear. But one thing is becoming increasingly clear to me: that You cannot help us, that we must help You to help ourselves. And that is all we can manage these days and also all that really matters: that we safeguard that little piece of You, God, in ourselves. And perhaps in others as well. Alas, there doesn’t seem to be much You Yourself can do about our circumstances, about our lives. Neither do I hold You responsible. You cannot help us, but we must help You and defend your dwelling place inside us to the last. For both Jonas and Artson, then, God is still out there–not in evil, destruction, death, and illness, but in the very ability of human beings to transcend themselves, to overcome disasters and recover from trauma, to find creative solutions in times of distress, and to risk their lives for love. By so doing, human beings can affect God and strengthen God’s presence in the world. In this sense, God is perhaps–at least potentially–omnipotent after all: God is the all-powerful and endless force enabling, or liberating, humanity’s divine potential to be more than we are. Bar Guzi is a doctoral student of Near Eastern and Judaic Studies at Brandeis University. He is interested in American Jewish thought and theology in the twentieth-century, especially among the liberal wings of American Judaism. All biblical translations to follow are from JPS Hebrew-English Tanakh: The Traditional Text and the New JPS Translation, 2nd ed. (Philadelphia: The Jewish Publication Society, 1999). See, in particular, Job 38–42. On this point, see the interesting discussion by Nechama Verbin in her Divinely Abused: A Philosophical Perspective on Job and His Kin (London and New York: Continuum, 2011). For Verbin, the book of Job tells a story of a failed relationship, or in her words, “a relationship that subsists in brokenness” precisely because of the amoral and all-powerful image of God emerging from the book. See p. 142. C. G. Jung, Answer to Job, trans. F.C. Hull (London: Hodder and Stoughton, 1964), p. 35. Albert Camus, The Plague, trans. Stuart Gilbert (New York: Vintage International, 1991), p. 218. Fyodor Dostoyevsky, The Brothers Karamazov, trans. Constance Garnett (Mineola, New York: Dover Publications, 2005), p. 213. Harold Kushner, “Would an All-Powerful God Be Worthy of Worship?” in Sandra B. Lubarsky and David Ray Griffin (eds.), Jewish Theology and Process Thought (Albany: State University of New York Press, 1996), p. 90. John Stuart Mill, An Examination of Sir William Hamilton’s Philosophy (London: Longmans Green, 1865), p. 131. A. N. Whitehead (1861, Kent, UK–1947, Cambridge, MA) was a mathematician and philosopher. His philosophical work Process and Reality: An Essay in Cosmology (1929) introduced the foundations of what came to be known as process philosophy. Charles Hartshorne (1897–2000), John B. Cobb Jr. (b. 1925), and David R. Griffin (b. 1939) are some of the preeminent American philosophers and theologians who associate themselves with process thought. Later published in German as Gnosis Und Spätantiker Geist (Göttingen: Vandenhoeck & Ruprecht, 1934), and in English as The Gnostic Religion: The Message of the Alien God and the Beginnings of Christianity (Boston: Beacon Press, 1958). Hans Jonas, The Phenomenon of Life: Toward a Philosophical Biology (Evanston, Illinois: Northwestern University Press, 2001), pp. 211–234. Jonas sought to suggest here what he termed “a ‘gnostic’ reading of Existentialism” as opposed to, and as complementary to, his former “existential” reading of Gnosticism. fleetingly, in a manner shorn of all technical detail, and with no evidence of interest in exploring, let alone drawing on the wisdom of, the ample Jewish commentary tradition that had come to surround it [the Jewish source which Jonas uses]. (Ibid.). In my mind, it is precisely Jonas’ creativity and originality of interpretation that makes the “Jewish dimensions” of his thought interesting and worth studying, especially when brought into dialogue with other Jewish thinkers, some of whom (e.g., Artson) are more versed in Jewish tradition than he was. Moreover, the study of Jonas’ theological “speculations,” understood as a continuation by other means of his philosophy (see below), can shed light on the latter, or at least on Jonas’ motivation and philosophical temperament. Jonas, following Kant and rejecting logical positivism, makes it clear that the fact something is not scientific demonstrable does not mean it is forbidden to speculate about it. In fact, his experience with studying the gnostic myths taught him that when it comes to certain questions, “philosophical Logos has nothing to say,” while mythology has the ability “for expressing a truth that couldn’t be spoken directly.” Hans Jonas, Memoirs (Krishna Winston, trans.) (Waltham, Massachusetts: Brandeis University Press, 2008), p. 216. See also Hans Jonas, “The Concept of God after Auschwitz: A Jewish Voice,” in Lawrence Vogel (ed.), Mortality and Morality: A Search for Good after Auschwitz (Evanston, Illinois: Northwestern University Press, 1996), pp. 131–132; Hans Jonas, “Contemporary Problems in Ethics from a Jewish Perspective,” ibid., pp. 176–177. Note that Jonas’ familiarity with Christianity is apparent in the quote above. Jonas, a student of early Christianity, feels comfortable enough to quote a familiar metaphor from the New Testament in his philosophical work. On Jonas’ use of Jewish sources in his thought see Eric Lawee, “Hans Jonas and Classical Jewish Sources” (supra). Benjamin Lazier, God Interrupted: Heresy and the European Imagination between the World Wars (Princeton and Oxford: Princeton University Press, 2008), p. 61. On the Kabbalistic concept of tzimtzum see Gershom Scholem, On the Kabbalah and Its Symbolism, (Ralph Manheim, trans.), (Schoken: New York, 1996), pp. 110ff.. Jonas, “The Concept of God,” p. 134. See also Jonas, Memoirs, p. 216. See also Hans Jonas, “Immortality and the Modern Temper” in Mortality and Morality, pp. 115–130, esp. pp. 124–125. Jonas, “The Concept of God,” p. 133. Jonas argues that although it seems at first glance that the idea of such a God clashes with the biblical God, it is not really the case: The God of the Bible is rejected by human beings; God grieves over them and regrets that God created them (See, for one example among many, Genesis 6:5–7). This is particularly true with regard to God’s relationship with the chosen people. (Jonas refers in particular to the prophet Hosea). Ibid., pp. 136–138. Ibid., p. 142; “Immortality,” p. 129. Hans Jonas, “Is Faith Still Possible? Memories of Rudolf Bultmann and Reflections on the Philosophical Aspects of His Work,” ch. 7 of Lawrence Vogel (ed.), Mortality and Morality: A Search for Good after Auschwitz (Evanston, Illinois: Northwestern University Press, 1996), esp. pp. 157–161. I’m profoundly convinced that pure atheism is wrong, that there’s something more, something we can perhaps articulate only with the help of metaphors but without which being in all its facets would be incomprehensible. Although it seems to me that a philosophical metaphysics can’t develop a concept of God directly, that this pathway has been closed to us ever since Kant’s critique of reason–hence my resorting to myth–I also believe that a rational or philosophical metaphysics isn’t prohibited from formulating “suppositions” about the presence of the divine in the world. It seems to me, rather, that philosophical ontology is allowed to leave room for the divine. It’s a questionable, groping attempt, for which I’ve never claimed a monopoly on truth… Myth also tries to develop a concept of God that makes bearable that which otherwise couldn’t be borne. Jonas, “Is Faith Still Possible?”, p. 161. Bradley Shavit Artson, God of Becoming and Relationship: The Dynamic Nature of Process Theology (Woodstock, Vermont: Jewish Lights Publishing, 2013), pp. 155–156. Artson, “I Will Be Who I will Be: A God of Dynamic Becoming,” in Elliot J. Cosgrove (ed.), Jewish Theology in Our Time: A New Generation of Explores the Foundations and Future of Jewish Belief (Woodstock, Vermont: Jewish Lights Publishing, 2010), pp. 5–8. Artson, God of Becoming, p. 131. Artson, “I Will Be Who I Will Be,” p. 8. Artson, God of Becoming, p. 22. Artson, “I Will Be Who I Will Be,” p. 9. Artson takes issue with God’s omniscience as well. While he agrees that “God knows absolutely everything possible to know,” he insists that “knowledge regarding the future is simply impossible because the future has not yet happened and one cannot know something that does not exist.” Ibid., pp. 4–5 (italics in original). Morally speaking, Artson argues that a “God who could stop a million babies from being murdered [during the Holocaust] and chose not to, for whatever reasons, is a monster and a bully.” Theologically speaking, such a God would violate Judaism’s and the Torah’s own standards of justice and morality. Ibid., p. 5. Artson, God of Becoming, p. 31. Moses Maimonides, The Guide of the Perplexed, (Shlomo Pines, trans.) (Chicago: University of Chicago Press, 1963), p. 443 (III:12). This is the same terminology used by Mordecai M. Kaplan, perhaps the first Jewish thinker to integrate process thought and philosophy into Jewish thought. See especially his The Meaning of God in Modern Jewish Religion (New York: Behrman’s Jewish book house, 1937); Judaism without Supernaturalism: The Only Alternative to Orthodoxy and Secularism (New York: Reconstructionist Press, 1958). For a discussion of Kaplan’s relation to process thought see Jacob J. Staub, “Kaplan and Process Theology” and William E. Kaufman, “Kaplan’s Approach to Metaphysics,” in Emanuel S. Goldsmith, Mel Scult, and Robert M. Seltzer (eds.), The American Judaism of Mordecai M. Kaplan (New York & London: New York University Press, 1990); Sheila Greeve Davaney, “Beyond Supernaturalism: Mordecai Kaplan and the Turn to Religious Naturalism,” Jewish Social Studies 12:2 (2006), pp. 73–87; and Daniel R. Langton, “Jewish Religious Thought, the Holocaust, and Darwinism: A Comparison of Hans Jonas and Mordecai Kaplan,” Aleph: Historical Studies in Science and Judaism 13:2 (2013), pp. 311–348. Artson, God of Becoming, p. 132. Bradley Shavit Artson, “Ba-derekh: On the Way–A Presentation of Process Theology,” Conservative Judaism 62:1–2 (Fall-Winter 2010): p. 22. Artson, God of Becoming, p. 41. Staub, “Kaplan and Process Theology,” p. 291. See, for example, Mordecai Menahem Kaplan, The Meaning of God in Modern Jewish Religion, pp. 60, 76; Kaplan, Judaism as a Civilization: Toward a Reconstruction of American-Jewish Life (New York: The Macmillan Company, 1934), p. 400; and Kaplan, Questions Jews Ask: Reconstructionist Answers (New York: Reconstructionist Press, 1956), p. 103. Harold M Schulweis, Evil and the Morality of God (Jersey City, New Jersey: KTAV Publishing House, 2010), pp. 59–60. Staub,”Kaplan and Process Theology,” p. 291. Jonas, “The Concept of God,” pp. 131–132. See also Lawrence Troster, “Hans Jonas and the Concept of God after the Holocaust,” Conservative Judaism 55:4 (2003), pp. 20–21. Ron Margolin, “Mi-ḥeqer Ha-gnosis We-ʿad Muśag Ha-ʾelohim ’aḥarei ’aushvits: Qavim Letoledot Ḥayyav Ul-haguto Shel Hans Jonas” (Hebrew, “From Gnosticism until the Concept of God after Auschwitz: The Life and Thought of Hans Jonas”), in Ron Margolin (ed.), Muśag Ha-ʾelohim ʾaḥarei ʾaushvits U-ma⁠ʾamarim Nosafim (“The Concept of God after Auschwitz and Other Essays”) (trans. from German by Danit Dottan) (Tel Aviv: Resling, 2004), p. 20. Jonas, “The Concept of God,” p. 131. For a critique of Jonas’ argument in “The Concept of God after Auschwitz” see Paul Clavier, “Hans Jonas’ Feeble Theodicy: How on Earth Could God Retire?,” European Journal for Philosophy of Religion 3:2 (Autumn 2011), pp. 305–322. Artson, “I Will Be Who I Will Be,” p. 5. Artson, God of Becoming, p. 43. Jonas, “Immortality and the Modern Temper,” p. 125. Michael Marmur, “Resonances and Dissonances: On Reading Artson,” Conservative Judaism 62:1–2 (Fall-Winter 2010): p. 107. Harlod Schulweis, “The Pull of the Divine Lure,” Conservative Judaism 62:1–2 (Fall–Winter 2010), p. 56. Schulweis, Evil and the Morality of God, p. 129. Schulweis, “The Pull of the Divine Lure,” p. 55; Marmur, “Resonances and Dissonances,” p. 107. Amos Funkenstein, “Theological Interpretations of the Holocaust: A Balance,” in Francois Furet (ed.), Unanswered Questions: Nazi Germany and the Genocide of the Jews (New York: Schocken Books, 1987.), pp. 275–303. Etty Hillesum, An Interrupted Life: The Diaries of Etty Hillesum, 1941–1943, (trans. from Dutch by Arnold J. Pomerans) (New York: Metropolitan Books / Henry Holt and Company, 1996), p. 178. Ron Margolin, “Hans Jonas and Secular Religiosity,” in Hava Tirosh-Samuelson and Christian Wiese (eds.), The Legacy of Hans Jonas: Judaism and the Phenomenon of Life (Leiden: Brill, 2008), pp. 253–254. Rabbi Rachel Sabath Beit-Halachmi, Ph.D.

2019-04-22T20:14:46Z

https://zeramim.org/past-issues/volume-iii-issue-1-fall-2018-5779-2/jewish-process-theology-and-the-problem-of-evil-the-cases-of-hans-jonas-and-bradley-shavit-artson-bar-guzi/

John Ritenbaugh warns that Satan's modus operandi has always been to use a lie to promote self-satisfaction over obedience to God. Like the Messiah, we must learn that the way to the kingdom is through self-denial rather than self-satisfaction. We are particularly vulnerable to Satan's disinformation when we feel we are not getting what we deserve or are being treated unfairly. In a world we perceive to be unfair, we need to emulate Christ who endured unfair treatment, suffering for righteousness sake all the way to his death, without complaining (I Peter 2:20-21) The major cause for the confusion and division of the Corinthian church (and the greater church of God) was Satan-inspired self-exaltation, finding excuses other than sin not to fellowship. The opposite of love is not so much hate ? but self-centeredness. I Corinthians 2 showed us that God gave man a spirit, that we can receive the Spirit of God, which enables us to grasp the spiritual things of God, and there is a spirit of this world. We also saw that man's spirit can be communicated with even without the man being aware that this is going on. We also saw in last week's sermon that a great deal of spiritual activity is going on. Sometimes that spiritual activity involves the destiny of great nations. Especially we saw that God employs angels, and sometimes even demons, to carry out commands from Him. We saw that the primary means for Satan to manipulate us was through disinformation and affecting our attitudes. The purpose for this is to move our reasoning processes toward satisfaction of the self. This is especially perverse because satisfaction of the self is not of and by itself intrinsically evil, but putting self before God and others is. That is Satan's aim—that is, trying to push our reasoning processes toward satisfaction of the self—that is his aim because this is the essence of sin. Satan is called in Ephesians 2 the prince of the power of the air. Apparently in most cases the manipulation occurs in an indirect way. The air is surcharged with his spirit and we are by nature tuned-in to his wavelength. The only way to avoid manipulation is to be enabled to tune him out. Perceiving that we are being influenced is not always easy because yielding to his influence is what we have been doing since we were born. We've been doing it all of our life. Therefore it feels natural for us to go in that direction. But what is natural to man is enmity against God according to Romans 8:7. Even if we are unable to catch it when it is occurring, it will still produce fruit, and we should then be able to catch it by being able to see the evidence of the fruit that is produced. Satan, of course, is always attempting to get us to sin but, even though we may sin, we still may not catch it. That is because sin has become so engrained as a part of our life we don't recognize it as sin. But somewhere along the line, fruit is going to be produced. Even if we don't catch it—that is, Satan's influence—when we sin, somewhere along the line other fruit is going to be produced that will give us evidence that we have been manipulated. You'll recall in that sermon that I said that evidences that he is at work in our life, in other people's lives, in institutions of which we are a part, and in cultures in which we live, are confusion, division, and warfare. I also stated that it's not necessarily in that order. However, that is the usual progression. This whole mess on earth began when vanity began to arise in Satan (or Hillel) over his beauty. I take the word beauty not just to refer to his appearance, but also to refer to all of those abilities including a tremendous intelligence, wisdom, and all those other things—skills—that God built into him. Somewhere along the line—I don't know whether it was one year, a hundred years, or ten thousand years after God created him—Satan told himself a lie that he believed. That lie was that he felt that he was not getting his due. He was so intelligent, he was so beautiful, and he was so talented that he was in a position inferior to what he should rightfully have. That is impossible because God is intrinsically love. It is a part of His nature. It's impossible for Him to treat anybody wrong, just as it is impossible for God to sin in any way. He is always looking out for the best interest of all concerned—individuals, or the group, or institution. Satan, because of the urging of his vanity, told himself a lie, which he believed. This lie burned in him so that he couldn't hold it in himself any longer and then he told himself another lie as to what the solution was to be. He began to enlist other angels into his feelings that they too were being mistreated and that the solution was to attack God, knock Him off His throne, and thus they would be in the rightful position and be able to make the rules. As this insurrection grew, it divided them from God and eventually warfare occurred. Our understanding is, of course, that this occurs at the beginning of that one thousand year period. Revelation 20:7-8 Now when the thousand years have expired, Satan will be released from his prison and will go out to deceive the nations which are in the four corners of the earth, Gog and Magog, to gather them together to battle, whose number is as the sand of the sea. I turned to this scripture because I want us to be impressed with how effective he is in his nefarious schemes—that even after one thousand years of not having his influence, and mankind living under the government of God so that men are fully capable of comparing properly, he is still able to deceive and lead people into warfare against God. I'll tell you, he is the greatest salesman of all time. As I mentioned at the beginning of this series, the motivation for this series came from Mr. Herbert Armstrong's 1978 article entitled "What You May Not Know." What Mr. Armstrong's point, his purpose, in that article was to exhort us, or to give us understanding, so that we might appreciate our vulnerability. The article was written because Mr. Armstrong felt that there were many in the ministry—it was aimed at the ministry primarily, not at the lay member—who did not appreciate that they, too, either had been deceived or were capable of being deceived. Apparently, some in the ministry had expressed to him that Satan didn't deceive them. The article was written so that we would take heed lest we felt that we were standing. The important thing to you and me is don't get so proud that you think that you can handle Satan easily. He has a great number of tools coming at us, but yet on the other hand, there is no need for us to be overly concerned about him either, where we are looking for demons behind every tree, every bush, as the cause of every problem that we have. We can do enough damage ourselves. But we do need to understand that he is around, that he is still active, and if we aren't aware, we can be vulnerable. Acts 5:1-3 But a certain man named Ananias, with Sapphira his wife, sold a possession. And he kept back part of the proceeds, his wife also being aware of it, and brought a certain part and laid it at the apostles' feet. But Peter said, "Ananias, why has Satan filled your heart to lie to the Holy Spirit and keep back part of the price of the land for yourself?" In verse 4 he tells them they had lied to God and in verse 5 Ananias dropped dead. Here are two church members who apparently did not take Satan into consideration. They listened to a lie and were divided, first of all, from God's church and then from life itself. What did Satan do? He moved them toward self-satisfaction to the point—here was the actual sin—that they lied to take credit for a greater sacrifice than they actually made. The sad part of this is that no one asked them to donate the entire sale price of the piece of land. What happened was they committed themselves to it and then undoubtedly began to feel put on. "Hey, Sapphira, that's too much money." Or, "Hey, Ananias, I agree with you." Maybe they began to think, "We didn't expect we'd get so much money from the sale of this and that is too much to donate to the common cause." They began to think, undoubtedly, of other uses that they could put the money to. "We could buy clothing. We could improve a part of our house. We could buy another piece of land as an investment and reap even greater rewards from it." What they had done, they had apparently already told those who were in charge of the collection that they would contribute the entire amount of the sale and then, when the time came to give the contribution, they only gave a part of it but let on like it was the entire sale price. The difference between the two they kept for themselves. I wonder who it was who led them to dare to lie? Do you see the process? Satan has modus operandi and he is always going to move us in the direction of self-satisfaction at the expense of obedience to God, or at the expense of service to God, or at the expense of service to others so that we elevate ourselves over the others. Is that not what Satan did? In his own mind, his vanity elevated him greater than the position God had given to him and it then began to work on his mind so that he had to do something about it. This process keeps repeating itself over and over again. Let's go back to Matthew—and this is an interesting, interesting circumstance. We need to see what occurred here in its context. Matthew 16:13-17 When Jesus came into the region of Caesarea Philippi, He asked His disciples, saying, "Who do men say that I, the Son of Man, am?" So they said, "Some say John the Baptist, some Elijah, and others Jeremiah or one of the prophets." He said to them, "But who do you say that I am?" Simon Peter answered and said, "You are the Christ [the Messiah], the Son of the living God." Jesus answered and said to him, "Blessed are you, Simon Bar-Jonah, for flesh and blood has not revealed this to you, but My Father who is in heaven." This was the man who just said to Jesus, "You are the Messiah." Peter took Him aside. The indication is that it was something done in urgency, that there was a deep feeling and perhaps even a bit of jostling. I don't mean that it was done meanly at all. Matthew 16:22-23 Then Peter took Him aside and began to rebuke Him, saying, "Far be it from You, Lord; this shall not happen to You!" But He turned [its almost as if Peter grabbed Him by the shoulder to get His attention; turned Him part way; then in response to what Peter said, Jesus fully turned and faced him—face to face; a right in your face kind of thing] and said to Peter, "Get behind Me, Satan! You are an offense to Me, for you are not mindful of the things of God, but the things of men." Peter clearly believed that Jesus was the Messiah. But what was wrong here? Peter also disagreed with the way the purpose of God was going to be worked out through Christ. What Peter objected to was his good Friend having to go through a scourging, a painful and shameful crucifixion, which is a terrible way to die, especially for one so good. Peter knew that. For Jesus to suffer all the ignominy; to have Him berated by those who were in authority—and Peter recognized that those people who were in the seats of authority couldn't hold a candle to Jesus. And yet these mean men would be sitting in a place where they could actually have Him delivered to death. Peter disagreed with what the Messiah said God's purpose was and how it was going to be worked out. I think we can relate to what Peter said. It really was a touching sentiment, because he didn't want to see Christ suffer and die; but brethren, the sentiment was wrong and Christ identified the source of what Peter said as Satan. Satan knew the scriptures. He knew who Jesus was and he also knew the scriptures better than Peter did. Satan was tossing in front of Christ the temptation of achieving Messiahship, rulership over the world, without having to go through the ignominy of a scourging and death by crucifixion. I'm sure it was quite a temptation. Probably most of us would not have taken that way. Jesus recognized it right away. We know that was not God's will. God's will was that the Messiah first had to suffer and die for man's sins. Where does it say that in God's word? Isaiah 52 and 53 are very clear. That's what God's will was regarding the Messiah. Peter, when he spoke, was not speaking God's words or thoughts regarding the Messiah. Instead, Peter was speaking—he was mouthing—what he would like to see. But God's thoughts are not man's thoughts. What Peter was speaking was the common Jewish conception of a warrior messiah who would put down the enemies of Judah, elevate Judah over their conquerors, and Judah would become the kingpin of all the nations on the earth. Thus, the suffering Messiah, who dies for the sins of man, would be by-passed. But God had willed first things first. Where in the world did Peter get that idea? (Here comes Satan back into the picture again.) Peter was a victim of disinformation regarding God's word and he became a stumbling block to others. The disinformation came from Satan through his false prophets. Matthew 16:24-25 Then Jesus said to His disciples, "If anyone desires to come after Me, let him deny himself, and take up his cross, and follow Me. For whoever desires to save his life will lose it, but whoever loses his life for My sake will find it." . . . The teaching that comes immediately after the direct ethical application of what occurred in this sequence of events, beginning in verse 13 and ending in verse 23—the application for you and me is, like the Messiah, we must deny ourselves. Put Satan back in the picture. What is he going to do to you and me? Through disinformation and the affecting of our attitudes, he is going to lead us toward self-satisfaction, not self-denial, because self-satisfaction is the essence of sin and when we sin we bring upon ourselves the death penalty. In order to get the lesson straight, what Jesus immediately taught (in order to counteract what Satan was subtly teaching through Peter) was that the way to the Kingdom of God was through self-denial, not self-satisfaction. Satan is going to try to persuade us not to deny ourselves, but to fulfill ourselves at the expense of others. There is another thing that this can teach us, and that is that very great temptations can come through well-meaning friends. Peter meant well. I am sure it shocked him right out of his socks when Jesus turned and said, "Get thee behind Me Satan!" right up in Peter's face. I don't think He was angry. I think He was just urgent that Peter catch the picture. Surely God would not want you to face this kind of a trial, would He? Yes, it just might happen if the temptation comes through well-meaning people. The reason I am going through this is that we are particularly vulnerable when we can be led to believe that we are not being treated as we deserve. That was a major ploy that Satan used against Adam and Eve. "Oh, has God said such and such? He's withholding from you." That was the implication. "Why, if you do things the way you want, you can have much more. You can be god." We always want more. That's part of human nature. Unfortunately, mankind keeps making things worse by making the same general mistakes over and over again, in each generation. It will not end until each individual decides he won't do it regardless of the cost to himself—denying the self. We have to understand that there are some things in life that are beyond our control and they must be left for God to solve. Let's go to I Peter. I want you to be thinking about what is in I Peter because it is a very important book to each one of us. I Peter 2:11-12 Beloved, I beg you as sojourners and pilgrims, abstain from fleshly lusts [self-indulgence] which war against the soul [or life], having your conduct honorable among the Gentiles, that when they speak against you as evildoers [being treated unfairly], they may, by your good works which they observe, glorify God [later on—they don't understand now] in the day of visitation. What we are going through here has to be seen in the overall context of the book. Peter is striving to inspire these people to hope in what must have been a very difficult circumstance in their life. The trial they were having was not one that came and went quickly. It was one that was wearing away at them, so that they were slowly having built up within them an attitude of hopelessness. Humanly, we are always prone to look for quick solutions to get out from under the burden that's been imposed upon us. I am not going to tell you that that is wrong, because it's not. However, the problem is that frequently our solution puts us into the fire spiritually at the same time it appears to solve the problem physically. By the time Peter gets to the conclusion of this letter, Satan is very much in his thoughts. A Christian can never afford not to give Satan consideration that he might just be a part (maybe a major part) of the picture of what they are going through. In I Peter 5 I want you to see that when we get to the conclusion of the book, it is telling us what to do in difficult situations when it seems hopeless and we're going through great difficulty. I Peter 5:6-8 Therefore humble yourselves under the mighty hand of God, that He may exalt you in due time, casting all your care upon Him, for He cares for you. Be sober, be vigilant; because your adversary the devil walks about like a roaring lion, seeking whom he may devour. The thought is this: Satan may or may not be the cause of the situation, but even if he is not, he is prowling around to take advantage of it, that he might pick us off. The roaring lion—who does the lion most likely attack? The strays; the ones who are on the fringes; those who are on the outside; those who are not keeping up with the group. When we think of that spiritually, they are simply people who are not with it. They are wearying under the barrage of problems that causes them to begin to separate themselves away. Then Satan, the roaring lion, picks off the strays. He is especially adept at taking advantage of people's feelings. All too often we are dominated by our emotions rather than facts or, we might say, the truth of God. Under that kind of a circumstance, it is very easy for us to get our feelings hurt, ignore the facts, and proceed to lie to ourselves just like Satan did at the beginning of the process. Let's go back to I Peter 2, and we're going to begin to look at the areas that are covered by him. These are the kinds of situations that are tailor made to make us feel as though we are being put upon, taken advantage of, or made to feel less than what we feel we ought to be. I Peter 2:13-15 Therefore submit yourselves to every ordinance of man for the Lord's sake, whether to the king as supreme, or to governors, as to those who are sent by him for the punishment of evildoers and for the praise of those who do good. For this is the will of God, that by doing good you may put to silence the ignorance of foolish men. I Peter 2:17 Honor all people. Love the brotherhood. Fear God. Honor the king. It is very easy to feel put upon by government—municipal government, state government, national government—governments in general. They take advantage of us. They put the pressure on us through taxes. They won't allow us to do things that we feel we ought to be able to do. They give us traffic tickets—all kinds of things. Government can be a means through which we begin to feel as though we are taken advantage of. In verse 18, Peter covers a situation regarding a person's employment. I Peter 2:18 Servants, be submissive to your masters with all fear, not only to the good and gentle, but also to the harsh. Our boss takes advantage of us. He doesn't pay us what we are worth. He makes us work longer hours than we feel that we should. He puts the pressure on in regard to the Sabbath or Holy Days or to keeping the Feast of Tabernacles. He gives us the kind of work that is beneath our dignity. He gives us the kind of work for which we are overqualified and we don't feel challenged. There all kinds of ways we can feel pressure from employers. In these kinds of situations, Peter is not saying we should not compromise at all. He is saying for the Lord's sake, that is, out of regard for Him, we are to control ourselves so we don't rebel. To allow our emotions to have free reign to the point of rebellion is the same as calling God into account—that is, we are (at least indirectly) telling Him that He doesn't know how to run His creation. I Peter 2:19-21 For this is commendable, if because of conscience toward God [for the Lord's sake] one endures grief, suffering wrongfully. For what credit is it if, when you are beaten for your faults, you take it patiently? But when you do good and suffer, if you take it patiently, this is commendable before God. For to this you were called, because Christ also suffered for us, leaving us an example, that you should follow His steps. Let me make this clear: Peter is not saying that the commendable thing is the suffering, but the commendable thing is that you are submitted to God's will and that you are suffering, not because you did something wrong, but because you did something right. That's what is commendable. In addition to that, you are not striking back. That's what your emotions would lead you to do. I Peter 2:23 Who, when He was reviled, did not revile in return; when He suffered, He did not threaten, but committed Himself to Him who judges righteously. That is a clear recognition in the life of Jesus that there are some things that must be left for God to take care of. He did not strike out at these people. He turned the other cheek, kept His mouth shut, bit His tongue, and did not strike back. What is God saying in this whole thing? It is recognition from God that life is unfair. What we have to understand is that life is unfair largely because of the way men have chosen to deal with problems. It is the responsibility of the Christian to deal with problems the way God says to deal with them. Remember, Satan is still in the picture and he is going to try to move you to deal with problems his way. That won't be good. It will keep the problems rolling. After the end of chapter 2, Peter moves on to marriage—another place where we can feel oppressed. Marriage is a place where our emotions are very, severely affected, because things happen that are caused by, or we are affected by, one that we feel should never do what they have done to us—and perhaps emotionally, this is the most volatile of all the situations. Marriage is also the one we are most likely to be involved in. Also, it is the one in which we are most likely to let our own emotions run amock. Peter tells the husbands, especially, in what way to treat their wives so that their prayers may not be hindered. Again remember I Peter 5, that Satan is still in the context of the writing here, unmentioned, but he is in Peter's thoughts. That is surely some kind of situation there that Satan is going to try to take advantage of, to cut people off from God—the epitome of his efforts. I Peter 3:8 Finally, all of you be of one mind, having compassion for one another; love as brothers, be tenderhearted, be courteous. Notice the advice. Do not these things require a great deal of control, a rejection of the feelings that Satan may be in the background trying to stir up? I Peter 3:9 Loving, tenderhearted, courteous; not returning evil for evil [that's what Satan would want you to do] or reviling for reviling, but on the contrary blessing, knowing that you were called to this, that you may inherit a blessing. He's really talking about turning the other cheek, is he not? I never want to get too far in this sermon without reminding you that Satan is always trying to move us, motivate us, guide us, lead us, toward self-satisfaction in any circumstance. If you are in a position, a circumstance, in which you are trying to defeat somebody, I would have to say he has a hold of you. Satan is competitive. Here's the advice. Sanctify means "set Him apart." It means in this case "make God the focus of your thinking; make God the focus of your approach to life; make God the focus of the circumstance that you find yourself in." Is that not what Peter forgot in Matthew 16? The disinformation was the focus of Peter's response to Jesus—not God's thoughts. If God's thoughts, if God's word, had really been sanctified in Peter's heart at that time, he never would have said what he did. He would have said something like, "Yes, Jesus, I understand. That's what the scripture says." But instead, he disagreed with God. When one sanctifies God in his heart, then the word of God becomes the focus, not the word from the spirit of this world. I Peter 3:18 For Christ also suffered once for sins, the just for the unjust, that He might bring us to God, being put to death in the flesh but made alive by the Spirit. If I get that far in this sermon, we are going to see another reference to this by the apostle John, because Peter is writing here to show us how far the model, Jesus, went in suffering unjustly. It is a high standard, but He went all the way to the death without giving in to His emotions, His feelings, and allowing Satan to get a hold of Him and think that God was being unfair or unjust in what He was causing or allowing Jesus to go through. I Peter 4:1-2 Therefore, since Christ suffered for us in the flesh, arm yourselves also with the same mind, for he who has suffered in the flesh has ceased from sin that he should no longer live the rest of his time in the flesh for the lusts of men [feelings, desires], but for the will of God. I Peter 4:12-13 Beloved, do not think it strange concerning the fiery [or painful] trial which is to try you, as though some strange thing happened to you; but rejoice to the extent that you partake of Christ's sufferings, that when His glory is revealed, you may also be glad with exceeding joy. Looking at these scriptures in the light of I Peter 5:6-8, and understanding that Peter is writing with his thoughts on Satan in the background and the possibility of his part, our feelings are especially vulnerable because it is natural for us to feel that we are being taken advantage of or not being treated as we should be, and our emotions begin to run wild. That is tailor-made for Satan to take advantage of. That's what he fell prey to. Either he will try to move us in that direction or if it begins to happen even without him, then he will take advantage of that situation and make sure that he will affect our emotions. Let's go to Jude 6. I don't think we need to spend a lot of time on this, but in the context we have a pattern established by demons. Jude is attacking false prophets and thus men and demons are kind of interwoven in the context. There are three sins that he indicts these false prophets for and that's mainly what I want to pick from here. Jude 6-8 And the angels who did not keep their proper domain, but left their own abode, He has reserved in everlasting chains under darkness for the judgment of the great day; as Sodom and Gomorrah, and the cities around them in similar manner to these, having given themselves over to the sexual immorality and gone after strange flesh, are set forth as an example, suffering the vengeance of eternal fire. Likewise also these dreamers defile the flesh, reject authority, and speak evil of dignitaries. 1. Lusts—they defile the flesh, that is, allowing a feeling to take one over the edge into sin. 2. Rebelliousness—they flout authority in general, but primarily that of Christ. It is something that is hidden in the Greek, but the word authority is really "Lordship." It is a word that is normally used in the sense of referring to Christ and His Lordship over us. This number 3 is kind of interesting because he is saying in effect that it is not that these false prophets will not talk about Satan, but rather it is a gratuitous, despising, or denigrating of angelic powers, indicating in their preaching that it's not something that we need to be concerned about. It's kind of side-stepping the issue. You know why they would do that? Because a false spirit is leading them, so they downgrade this through the preaching as though it is something that we do not need to be concerned about. This is clearly seen largely in the Protestant world, especially the mainline denominations that have almost gone to the place where they almost universally agree that there really is no such thing as Satan the Devil or demons. That's how successful they have been out there. On the other hand, there are the evangelical groups in Protestantism who will talk about such things as twisting Satan tail. "Oh, we're going to put down the devil tonight!" You run into these things in their tent shows that they put on in their evangelistic campaigns. But, you see what they are doing? They are putting Satan in a position where they seemingly have power over him. They are so deceived. The truth in regard to Satan is somewhere in between. Hopefully the true church and God's people will have that truth and they will understand that yes, Satan is; yes he is powerful; but yes, because of God, they do have power over him in that they can reject. We are not puppets on a string and he cannot pull our strings unless we give him the opportunity. If we're able to see it, we don't have to submit to him. I wanted you to see that because Jude is telling us signs to look for in preaching or in false ministers—that there will be a denigrating of Satan and his demons; there will be (not to the same extent in every individual) indications of lusts, that is, allowing feelings to take one over the edge into sin; and they will flout the authority of Jesus Christ. II Peter 2:1 But there were also false prophets among the people, even as there will be false teachers among you [Peter brings it home, very clearly, right into the church.], who will secretly [notice what he says here] bring in destructive heresies. This is very interesting because if this word "secretly" were translated into the closest English synonym, it would have to be the word "smuggle." They smuggle in—that is so interesting to me. Cunning deceit. The word literally means "they bring it along side," that is they present this heresy in such a way as to make it appear favorably with the truth. "Oh, it's just a refinement. We're not really changing anything. You understand that, don't you? We're not really changing it. It's just a refinement, a clarification." One denies the Lord by failing to submit to Him in obedience. If the doctrines gradually begin to be changed, then submission to Christ is going to be put on different terms as well. That word "destructive" will translate into the English word "pernicious" which means "deadly." We hear it most frequently in a medical term "pernicious anemia." The thing that is so interesting about this is that it may appear innocent, but all the while it is destroying life. It is something that gives the appearance of being not overtly or openly dangerous, but all the while it is undermining one's health. Of course, Peter is talking about spiritual health. What he is saying is that they turn the church into a commercial operation. The reason is because Peter says these are men of evil ambition. They are covetous. Their primary objective is success in argument, not truth. The changes are made in order to exploit—back to the commercialism. That's why the feigned words, or the deceptive or phony arguments. We won't go through the whole context here, but I believe I mentioned to you in the sermon last week that we in the United States, especially, have been conditioned to be tolerant. But if we would read completely through II Peter 2 and the whole book of Jude, we would find it very clear that God is not tolerant of this kind of thing. We are tolerant because we have lost, or we never had, a sense of the diabolical danger of Satan's false teaching. It's leading people to death! As a nation we have become dulled to the distinction between truth and falsehood, not only in terms of right and wrong in behavior, but also in terms of ideas or concepts. If we went on to verse 9 we would see that Peter says, "The Lord knows how to deliver the godly out of temptations." He very clearly understands that Satan is somewhere in the picture and he wants us to be encouraged, to be filled with hope, because these people, though they appear to be gaining strength, are still under God's control and He knows how to deliver His people from their schemes—even as He delivered Noah and Lot and others in the past from the schemes that were going on in those cities. Let's go to I Corinthians, because we need to begin to narrow this subject down and look at this from the standpoint of a church or congregation. In order to get this the most clearly we have to remember the principle that John gave us in I John 4:1 regarding the antichrist and about testing the spirit or spirits; how a spirit or the spirits are influencing a man who in turn influences other men. I Corinthians 1:10-13 Now I plead with you, brethren, by the name of our Lord Jesus Christ, that you all speak the same thing, and that there be no divisions among you, but that you be perfectly joined together in the same mind and in the same judgment. For it has been declared to me concerning you, my brethren, by those of Chloe's household, that there are contentions among you. Now I say this, that each of you says, "I am of Paul," or "I am of Apollos," or "I am of Cephas," or "I am of Christ." Is Christ divided? Was Paul crucified for you? Or were you baptized in the name of Paul? This same book says in I Corinthians 14:33 that God is not the author of confusion. Yet, it is very obvious that here is a church that is confused, and is divided, and is fighting one another. Cliques had arisen and they were struggling for power within the congregation. God didn't do that. Who did? Satan does not come into the picture in I Corinthians, however Paul does say in I Corinthians 2:12 that there is a spirit of this world. But, Satan does come into the picture in a fairly large way in II Corinthians. We have to look at I and II Corinthians as a unity. Paul wrote the one in response to the household of Chloe telling him these things. Perhaps they wrote a letter to Paul. Then after writing I Corinthians, a little bit of time went by and then they wrote a letter back to Paul again, explaining some of the things that had occurred. Then Paul wrote II Corinthians back to them in response to their letter. There was no III Corinthians as far as we know, so either the problem was resolved or God decided not to carry it any further than that. It gives us a very good picture—Satan was in the picture. He was causing the division. He was causing the confusion. He was causing the fighting that was going on. II Corinthians 2:11 Lest Satan should take advantage of us; for we are not ignorant of his devices. II Corinthians 4:3-4 But even if our gospel is veiled, it is veiled to those who are perishing, whose minds the god of this age has blinded, who do not believe, lest the light of the gospel of the glory of Christ, who is the image of God, should shine on them. Very clearly, he's talking about Satan. II Corinthians 10:3-4 For though we walk in the flesh, we do not war according to the flesh. For the weapons of our warfare are not carnal but mighty in God for pulling down strongholds. Brethren, we're fighting a spiritual war. II Corinthians 11:13-15 For such are false apostles, deceitful workers, transforming themselves into apostles of Christ. And no wonder! For Satan himself transforms himself into an angel of light. Therefore it is no great thing if his ministers also transform themselves into ministers of righteousness, whose end will be according to their works. In addition to this, both James and I Peter conclude their books with an admonition regarding Satan; John speaks of the antichrist; II Peter and Jude speak of fallen angels. I mentioned these things because I want you to see that the apostles were not unmindful of Satan's influence on the church. Neither should we be. Satan had succeeded in putting the Corinthian church into confusion—confusion about doctrines, confusion about moral issues, confusion about church policy. Regardless of the central issues, the fruit of his involvement is marked all through the letters. Instead of there being the gentle meekness and love and peace of God's Spirit, there was a great deal of self-justifying and self-righteous pride leading to bad feelings and the attacking of one another. I Corinthians 8:1-3 Now concerning things offered to idols: We know that we all have knowledge. Knowledge puffs up, but love edifies. And if anyone thinks that he knows anything, he knows nothing yet as he ought to know. But if anyone loves God, this one is known by Him. Perhaps these seemingly innocuous words are really the central issue in this whole book (or even books), because this was the sin that led Satan into his separation from God's government. He got puffed up about himself. These people were puffed up about how much they knew. Satan thought so much of himself that he became so twisted in his thinking, and he attacked. We don't attack God directly. This book shows us we attack each other! Therein lies the problem. We attack each other through gossip, through rumors and accusations, and things of that nature. We begin to draw up lists in our minds of the faults of others that offend us and the result is we begin to withdraw from these people and we won't associate with them. The division begins to occur because these people offend us. We say to ourselves, "Well, they were mean to me, or they aren't intelligent enough, or they have some kind of peculiar characteristics. They wear garish clothing or they have strong opinions about unimportant things." I'm not saying these things are right and good. I am not saying that one should be able to do his own thing at anytime, anywhere, and that we should be tolerant of it. I am only saying that Satan can, if he is given the opportunity, lead our minds to find reasons that we will not associate with others—reasons that have nothing at all to do with sin. Satan is at work. If the feeling continues unabated then we will eventually get to the place where we will withdraw from fellowship all together. It won't happen quickly, necessarily, and it won't happen except in gradual ways. Maybe we'll stop attending Bible Studies or we'll begin to find reasons not to come to Sabbath services, or we'll come late to services and leave early. Satan is slowly but surely moving us toward self-indulgence rather than love. We will end on this thought: Do you realize that (in the biblical sense) hate is not the opposite of love? Self-centeredness is. Hate is merely one expression of self-centeredness. When I give my next sermon on Satan, we will, at least generally, pick up with this thought. We need to understand the direction Satan is moving us and that is toward self-centeredness, self-indulgence, where we will not deny ourselves, where we will operate our lives at the expense of God or others. We have to begin to be able to see that this is the direction that our mind is being led.

2019-04-23T20:25:35Z

https://www.cgg.org/index.cfm/fuseaction/Audio.details/ID/171/Satan-Part-4.htm

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Bring your imagination to this home! This is not a distressed sale, but the homeowner will not make any repairs. There is so much potential in this beautiful estate home in Glenelg! Dont miss this opportunity! Rarely available 3 bedroom 2.5 bath luxury condo in The Towers at Harbor Court. Very desirable open floorpan with over 2300 sq ft of luxury living space and incomparable views of The Inner Harbor, city skyline and Federal Hill. Numerous upgrades including new kitchen and baths, hardwood flooring, granite countertops, and extensive millwork. And did we mention the views ? ~ 2 secure deeded parking space and a storage space convey. Residence 2202 and 2203 are also available for sale. Buy one, two, or all three and have complete privacy on the floor. The Towers at Harbor Court is one of Baltimore~s most luxurious and amenity rich condominium developments. With 24/7 front desk coverage, uniformed doorman, porters, security and maintenance staff, secure parking and additional storage, The Towers at Harbor Court feels like a 365 day a year vacation. The Inner Harbor location also includes hotel services offered by the attached Royal Sonesta Hotel. These include concierge services, fitness center and spa discounts, room and meal discounts, and the convenience of on-site restaurants, coffee shop and guest accommodations. All of this without every having to leave the building If youre looking for ease of living in a quality amenity rich environment - youve found it at The towers at Harbor Court. OPEN HOUSE SATURDAY, MARCH 30TH, 12 - 2 PM! Wonderful opportunity to live close to everything Canton/Brewers Hill has to offer! 3,600+ SF OF LIVING SPACE, PRIVATE PATIO, GARAGE, ROOFTOP DECK! This custom-built, double-width, brick row home boasts a traditional aesthetic with meticulous mill-work, impressive attention to detail, and a well thought out floor plan; ideal for entertaining with built in speakers throughout or privacy relaxation among the separate living quarters. Highlights of the main floor include a large exposed-brick living room and a stunning gourmet kitchen with custom cabinetry and tile work, granite countertops, built-in Sub-Zero refrigerator/freezer, double ovens, double built-in dishwashers, wine cellar, eat-in island and breakfast bar, and an additional breakfast room space with French doors that invite you out to a private hardscaped bluestone terrace featuring a fieldstone seating area and with built-in grill; absolutely perfect for summer happy hours or snowy winter barbeques around the outdoor fireplace. Beyond the patio is the detached garage with a 15 ft. lofted ceiling ideal for a car lift or additional storage. The garage is simply an added bonus as parking is abundant on this quiet tree-lined street. As if that isnt enough, this remarkable home also offers 4 bedrooms, all with en suite baths; TWO master bedrooms, with oversized dual-vanity bathrooms extending the full width of the home, and a convertible basement bonus room/guestroom with a must-see wet bath. Most notably though, is the 3rd floor Owners Retreat encompassing the entire floor and featuring an expansive sunny sitting room with built-in kitchenette; a dream for morning coffee or a night-cap! The coffered ceiling rivals the impressive custom walk-in closet as the highlight of this master bedroom, as the custom bathroom suite exudes relaxation with a jetted tub, mounted 37 in. TV, 8 ft. shower-head walk-in rain shower, in addition to the granite double vanity. Up just one more flight, the 4th floor roof deck encompassing the length of the house showcasing 360 degree views of Baltimores iconic gems: water views of the harbor, city skyline, Ft. McHenry, and Natty Boh Tower. Once again street side, youll find Canton Crossing Shopping Center, Merritt Club rooftop pool, Canton Dog Park, and the picturesque Canton Waterfront Park and Promenade all just an incredible 2 blocks away and access to I-95/895 beyond convenient. This is the epitome of "the best of both worlds:" the space and quality of a sophisticated house and the convenience and accessibility of city living. This home is simply not to be missed. One of a kind luxury condominium in Silo Point !! Soaring 16-foot ceilings the highest in the building, gourmet kitchen, HUGE terrace with breathtaking water views and beautiful hardwoods throughout. 2 Bed / 2.5 Bath and incredible concrete details. 2 secured parking spaces and a separate storage space !! Full service building with incredible amenities and a perfect Locust Point Location. One of Olde Severna Parks first homes, with 2,900 finished SF full of historical charm modern comforts! Wide-plank fir pine hardwood floors. Gorgeous kitchen featuring stainless appliances quartz counters. Reclaimed wood, stone and other custom finishes. Large deck overlooking .43 acre secluded wooded lot backing to open space. Numerous recent updates including Copper Plumbing, Synthetic Shake Roofing, Solar Skylights, HVAC, Bathrooms and much more! Walk to Sullivan Cove Natural Area fabulous community waterfront amenities! Stunning 3 Bedroom 2.5 Bath - 4 Level Brick Townhome w/ 2 Car Garage In Cantons Only Waterfront Gated Community, The Moorings! Almost 2,900 sqft Lovingly Maintained w/ New Oak Hardwoods, Built-in Shelving A Gas Fireplace In The Living Room. Large Master Suite w/ Full Bath, Walk-in Closet Private Balcony. 4 Car Total Parking. Short Walk To Waterfront. Close To Shops Restaurants. Live in Canton Luxury! PRICE DROP Incredible drop in price for this Condo.Amazing view of the downtown city skyline and water. Breathtaking sunsets from everywhere. This 2 bedroom Penthouse with Den which could be used as a 3rd bedroom, has fantastic space. Powder room on 1st floor and updated kitchen with laminate cabinets and granite. Amazing storage in this galley kitchen. Hardwood floors throughout and beautiful staircase leading to the second floor with Master Bedroom and Guest Bedroom. Absolutely Amazing Waterfront Short Sale Opportunity Rarely Available. Gorgeous views of the Severn River from every room! Four bedrooms, 3 full baths. Master Bedroom has a huge walk-in closet with a built-in vanity , walk-in steam shower with multiple shower heads. Every bedroom has their own deck or walk-out. Huge kitchen with double wall oven, stove-top cooking, Energy Star dishwasher and refrigerator. Eat-in kitchen with a breakfast bar and island. Easy boat ride to Annapolis/Eastport. Water views galore! Home is being Sold As Is - Sellers will do no repairs. Short sale is handled by very experienced Short sale listing agent and is being negotiated by a licensed Maryland Attorney. Final sales price is contingent upon 3rd party approval. This home has been redone from top to bottom. Heres a chance to have the house you always wanted in a great neighborhood, all of the amenities, and be the envy of your neighbors. From hardwood floors throughout to crown molding to fresh paint, open spaces and a gourmet cooks dream kitchen - this home checks off all of your boxes. ----------------------------Split level home with 5 easy levels. On the main floor - bright spacious formal living room with chair, crown and picture frame molding. A pass-through fireplace leads to the study/entertainment room with room for a desk, entertainment center, guest lounging, built in shelving and much much more. This room is rounded out with a gorgeous private marble half bathroom. Directly behind the living room is the kitchen and dining room conveniently set up as one room. The dining room is the hub that connects the living room, entertaining area, and the fabulously appointed kitchen. This kitchen has "high-end" whirlpool appliances including a smart refrigerator with dual freezer drawers, a double oven with a stove a clean look buttonless dishwasher and to top it all off, a wall oven and wall microwave giving you a total of 3 ovens for cooking for the whole family. In addition the 25 cabinets and matching beveled 48 sq ft of granite countertop complete this chefs dream. ------------------Just four short steps down from the kitchen is the family room with sliding glass door to back deck and extra fireplace. Appointed with hardwood floors, a stone fireplace and a continuation of the crown, chair rail, and picture frame molding that make this home a masterpiece. ------------------Stepping outside youll be greeted by a maintenance free trex deck, white vinyl rails and a beautiful view of the forest. Your back deck and back yard are as peaceful and tranquil as can be. ----------------------Leaving the main level and heading upstairs you have access to an upper-level washer and dryer for convenience. 4 spacious bedrooms and two full bathrooms give you all of the room you require. Each secondary bedroom has plenty of natural light and tons of closet space. The hall bathroom has matching cabinets, flooring and tile for a polished professional look. ------------------Entering the master bedroom you are greeted by a large sitting room that can be used for anything from a video entertainment area to a private study or reading room. Up four more stairs is the main room of the true master suite. Youve never seen a more spacious master suite! The 57x22 sq.ft can hold the largest bedroom set and entertainment package you can get. The five windows on the front and the back of the house allow for refreshing cross ventilation breeze. As you would expect the master bathroom is not going to disappoint. A raised dual vanity countertop with matching walk-in seamless shower are just the beginning. The claw foot soaking tub with shower attachment and overhead skylight view will make you never want to leave. -------------------------As an added bonus off of the master suite, two extra large bonus rooms. These can be used for a nursery, work out room, the most awesome closet ever, a private office, or whatever your heart desires. -------------------Going down past the family room to the basement is a generous sized recreation room for movies, pool table, arcade or even all three! Behind the recreation room is another bedroom complete with its own windows, closet and a second master bathroom. ---------------------There are so many things to love about this house: the layout, the neighborhood, the size, open spaces, the special touches, the entertaining possibilities, and the convenience. Youve got to come to see this one soon and make it your own. Be sure to check out the custom 3-D tour link for the full effect, then call us for a showing! Brand New Renovation in the heart of Canton by Chance Development! This spacious 3 story row home has 4 bed/3 baths, off-street parking a roof deck! Modern style with exquisite finishes-sand in place hardwood floors throughout, marble and ceramic spa-like baths, custom metal railings, designer light fixtures. Gourmet kitchen has high-end appliances with 36" GE Mongram range, calacatta quartz countertops and 10 ft waterfall island. 2-zone HVAC on demand continuous flow hot water heaters make this house super energy efficient! Sample photos of builders work. Remarkable 5 Bedroom home in rarely available Parkside of Perry Hall. Enter on the main level with a formal dining, living, and a large great room. Main level In-Law Suite, expanded eat-in chef kitchen, and soo much more. Two staircases lead to a large master bedroom with 3 more Large bedrooms all with new carpet. Lower lever basement with new carpet is a large open space great for watching sports or entertaining with a Theater/ Game room wired with surround-sound that has access to the lower level full bathroom and walks out to the great backyard. Private back yard surrounded by well maintained trees including a garden and fruit trees that backs to preservation space. Dont miss Out, This will Go Fast! This circa 1929 Tudor-style home boasts 4/5 generous bedrooms, 3.5 baths and over 3200 square feet of living space. Pride of home ownership shows everywhere. Its located within 3 blocks to the Homeland lakes. The expansive living room features a stone fireplace, a beamed ceiling and custom built-ins. The 18 x 13 dining room leads to the side stone patio perfect for entertaining. Theres also a detached garage, wood replacement windows throughout, and a huge walk-up attic great for storage. The kitchen is outfitted with granite counter tops, stainless-steel appliances, and a breakfast area which opens to the cozy den. Theres a bonus room in the basement currently used as an exercise room. Very convenient to colleges, universities, and hospitals. Its a 10 minute walk to the unique shops, restaurants and the Senator Theater at Belvedere Square. The central air is on the second level with some vents on the main level. Large and open 2 bedroom / 2.5 bathroom condominium available at The Ritz Carlton Residences. Over 2100 SqFt of living space meticulously maintained and with an abundance of luxury appointments including: Gourmet kitchen with Viking appliances and Siematic cabinetry, oversized Master Bathroom with large shower, separate tub and dual vanities. Large covered balcony and large windows allow in ample sunlight and beautiful views. 2 deeded parking spaces and abundant closet space make this unit one of a kind. Enjoy amenities that are second to non including: 24/7 concierge, indoor pool, 24/7 state of the art fitness center, lounge, billiards, movie theater, guest suites and more! All in a convenient Inner Harbor location. You will fall in love as soon as you drive down the beatiful tree lined entrance to this beautiful community of Moores Orchard. You will find everything you could ask for in this stunning Colonial w/over 4500sq ft located in a sunny cul-de-sac. Bright Open Floor Plan w/gleaming wood laminate flooring. Gourmet Kitchen w/Center Island Granite Ctrs. Family Room w/Stone Surround Fireplace. Sunroom/Morning Room Addition. 1st Floor Study. Enormous Mstr Bdr w/Super Bath. Lower Level Walk Out In-Law Suite. Home is Wired for Generator Hook Up cord included. Rear Deck and Covered Pavilion Like Patio overlooks Custom Built In Salt Water Pool for your own outdoor oasis. Fenced Yard. New Roof, New Water Heater, New Sump Pump, New Garage Door Custom Built Garage Shelving. So many more features. To see this beauty is to buy! Another gorgeous renovation from the good people at Chance Development. Home has been completely renovated from top to bottom, and then some! Huge open concept kitchen with high end appliances and beautiful granite counters and tops. Cathedral ceilings throughout the home. Second floor has several large bedrooms and a custom design bath. Step up to the brand new third floor, tailor-made to be an exquisite hosting space with balcony overlooking every square inch of the city, or an unforgettable master bedroom with a full wall of windows to greet you each AM. Move the gathering up the expansive rooftop deck with million-dollar views from the Key Bridge to the Inner Harbor. All steps from the square and waterfront. This one cant be missed! This Home is ready for you. This 4, possibly 5 Bedroom home sits on just over 1 acre. Drive down a private road to the move in ready colonial. The home offers entry into a large foyer which leads to a great size office and living room with great kept hardwood floors. Formal parties in the Dining room or casual in the informal dining area. The kitchen features granite and an eat in dining area that opens to the family room. 4 Large bedrooms upstairs with a possible 5th bedroom that currently serves as a sitting room for the Mater Bedroom. Master is extremely Large with a big master bathroom and walk in closet. New HVAC and very well maintained. Basement can be made into one large open space or several rooms as it is huge with a walk out. Endless possibilities. Large Colonial in highly sought after Glenside Farms! Delightful open concept 4BR/3/5BA with sunroom that fills the space with light. New roof and continually updated over the years by the original owners. Large bedrooms and a finished basement with a wet bar ready for hosting and a theater room! You couldnt ask for a more private backyard, with large pine trees and backing to farmland, not to mention the two tier deck! All sitting on a quiet cul de sac steps away from open space and playgrounds.

2019-04-18T19:16:43Z

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49 photos absolutely amazing country estate situated on 13 rolling acres w/private ponds & a 120'-90' outbuilding that will take your breath away!! luxurious main floor office would be perfect for working from home! private "in-law suite' in lower level. 5+ car heated garage. sprawling main floor owners suite w/luxury bath, fireplace & more! formal living & dining rooms. 4 season porch up & down!! gourmet kitchen w/granite & top of the line appliances. this home is a must see!! see supplements! 66 photos two homes within one home. property has higher counter tops along with custom cabinetry and higher 9’ ceilings along with separate main floor living suite.great price for this beautiful, meticulous 2 story beauty with 6 bedrooms, 6 baths, 4 fireplaces, and look at the size of the rooms!! main level offers flowing open floor plan, completely finished walk out lower level elevator. it offers true related living (private suite w/a kitchen and bath!) a huge half acre cul-de-sac lot, front porch, deck in the back perfect for entertainment, private fenced back yard, attached 3+ car garage,rv hookup. the list can go on and on! be the lucky buyer! 23 photos award-winning builder with over 38 years of custom home building proudly presents our newest 4-br, 3-ba rambler. main: kitchen with custom cabinets, granite countertops and prof. series appliances, 11' ceilings, hardwood floors, a lavish owners' suite with a custom walk-in shower, vaulted ceilings in owners' suite and custom millwork throughout, andersen windows, screened-in porch and incredible views. lower: walkout with oversized brs, zoned hvac and more! minutes from everything! 28 photos buyer/agent to verify all info. come see this custom built executive rambler featuring: gourmet style kitchen w/ cust cabinets, solid hardwood flrs on the main lvl, andersen windows, upgraded appliance package, a lavish owners suite w/ a custom walk-in shower, a huge walk-in closet, & much more. lower level includes: 2 additional brs (oversized),an o-sized family rm, and tons of storage! 45 photos w/o rambler in quiet culdesac of fine homes! breathtaking views overlooking wildlife, woods & privacy – includes the morning sunrise captured in kitchen while you enjoy your cup of coffee! the setting cannot be beat! bright & open rooms feature 9’ & 10’ knockdown ceilings! huge mstr suite: w-in clst, whirlpool, ¾ shower, heated ct flrs, tray vault! hw floors! 2 warm gas fplcs! recessed lighting! 2 ldry rms (up/down)! in-floor heat in entire ll! 3+ garage! relaxing aggregate patio! 2 photos timeless classic layout with modern efficiencies sure to impress! custom built home features large mud room with walk in pantry! 4 bedrooms on one level, upper level laundry, open living room design perfect for entertaining, granite countertops, huge master suite, large 3 car garage and much more. choose from many floor plans or bring your own. quality built custom home to meet your needs! 17 photos custom rambler, 4 beds, 3 baths w/all living facilities on main floor. gourmet kitchen w/ss appliances, quartz tops & hardwood floor. large family room w/fireplace & custom built-ins. a great place to entertain! large master suite w/walk-in shower & closet. walkout ll w/2 beds, a full bath & large rec-room. more plans & lots to choose from! 37 photos the carolyn floor pans has an open main floor concept, 4 bed, 3 baths, den, & a 3 car garage. the lavish gourmet kitchen includes: custom enameled cabinets w/crown molding & soft close drawers, quartz tops, ss appliances w/electric range & beautiful wood floors. enjoy your private master suite with walk-in closet & deluxe walk-in shower. don't miss the 2nd floor laundry room w/custom cabinets. w/o ll is just waiting your finishing touches, but read for another bed, bath & rec-room. 36 photos don't let this one go by - at only $109 per sq ft. it's a steal! only relocation gives you this opportunity! 5 spacious bedrooms & laundry on same level. huge master bedroom with vaulted ceilings, walk in closet and private bath suite. freshly painted, granite counters, stainless appliances, hardwood floors, finished walk out lower level. enjoy the huge low-maintenance deck, patio & fenced back yard looking out to the beautiful wetlands and walking trails. home warranty provided. 49 photos what an amazing executive home! this is truly a masterpiece! 4-car garage! large open foyer w/ french door grand entrance! 4 generous bedrooms on the upper level w/ large bonus room! massive great room on the main level for entertaining! 4 season porch with lots of windows for natural light & gas fireplace for a great ambiance! spacious kitchen with high end silestone counter-tops, stainless steel appliances and walk in pantry! gleaming hardwood floors throughout the kitchen and dining area! 5th bedroom on main level can also be used as an office. lower level recently finished with bar area, upgraded bathroom, 6th bedroom, art/game room and large family room for entertaining! walkout the lower level onto a 30 x 15 paver patio w/ high end wall steps! entertain guests on a circular stone bonfire area & horseshoe pits that overlook preserve/wildlife area! very private backyard with a river in the distance! extensive landscaping around the entire property w/ irrigation! 42 photos this home has over $100,000 worth of upgrades outside alone; including outdoor sauna with attached lounge, huge outdoor fire pit, grill, and granite high top w built in fire pit, stamped color concrete, maintenance free deck, and stone work on outside of foundation. inside upgrades include full granite tops and backsplash, luxory vinly plank flooring, stainless steel appliances, hood vent, open concept floorplan, fully finished basement with wet bar, & wine fridge. master bedroom includes en suite walk in closet, master bath with double sink vanity, granite enclosed tub, shower, and upgraded tile. all 4 bedrooms on upper level. laundry on upper level. this home is truely one of a kind! 19 photos award winning builder proudly presents this custom build 4 bedroom/3 bath with upgrades galore. features include: gourmet kitchen with custom cabinets, bosch appliances, custom backslash, solid hardwood floors on main level including the great room, andersen windows throughout, upgraded trim/millwork package. the upper level features 4 bedrooms, computer nook/work station, a lavish owners suite with oversized walk-in closet, a custom walk-in shower and more. agent/buyer to verify measurements. 11 photos superior craftsmanship & customer care. unbeatable quality & built to last by local family owned builder with 40 years of highly satisfied homeowners. enameled trim, quartz tops, stainless appliances, custom mantle, tiled walk in master shower plus today's colors throughout. no association. quick close available! 28 photos rare 4 bedroom lookout home in desirable parkview ponds neighborhood. includes customizable unfinished basement (with a bathroom rough-in and daylight windows). oversized front porch and a 14x22 deck overlooking the pond that has a perfect view for watching the sunrise, sunset or the deer playing in the nature preserve behind the house. highly sought after neighborhood with a park within walking distance, walking & biking trails, close to schools. house includes many built-ins, both in the living room & mudroom. other great features include a gas fireplace, updated bosch dishwasher, gas stove/oven, new carpet, updated paint, a vaulted master ceiling, kitchen soft close drawers, ceiling fans in the bedrooms, nest smoke detectors and thermostat, study nook upstairs, stone stamped decor on the front porch, maple cabinets throughout with solid core doors, brass cabinet accents, wired for sound & security system! don't miss this gem! 19 photos a must see! beautiful home with great view. gorgeous hardwood floors on main floor, open concept design. kitchen includes granite counter tops, stainless steel appliances, walk in pantry and a lot of cabinet space. fireplaces with built ins both main and lower level. three seasons porch with large attached deck overlooking a pond, with stairs to the back yard. master en suite includes walk in shower, jetted tub and oversized walk-in closet. main floor 2nd bedroom is currently being used as an office. walk out finished basement. hot tub on property not included in price but negotiable. surrounded by walking trails. 17 photos superior craftsmanship & customer care. unbeatable quality & built to last by local family owned builder with 40 years of highly satisfied homeowners. enameled trim, quartz tops, stainless appliances, custom mantle plus today's colors throughout. views of pond with no association. quick close available! 45 photos the main level of this beautiful home features a flowing floor plan including a huge center-island kitchen with new premium ss appliances and hardwood floors, a vaulted 4-season porch with fireplace & wrap-around maintenance-free deck, family room with fireplace and den/office. the upper level offers a luxury master suite with granite surround fireplace, jacuzzi bath, walk-in shower, walk-in closet and private commode. the ll is perfect for a big screen, rec. room, exercise or additional family rm. private, fenced backyard with pond and park views. 4 photos a great new design that will become your favorite multi-level home plan! private vaulted owners suite with walk-in shower and extra large 14' walk-in closet! wide open and vaulted great room, kitchen and dining areas with bright windows in every direction. custom cabinets with quartz counter tops and beautiful wood floors. main floor has two bedrooms and a full bath. lower level is finished with a fourth and fifth bedroom along with a full bath and large recreation room. 55 photos bring your fussiest buyers! great two story home with an abundance of living and entertaining space! home features large master suite, new carpet (with spill guard pad), large maintenance free deck (built to hold three season porch), two fireplaces, great views, quiet street & much more! this home won't disappoint! 31 photos the woodland floor pans has an open main floor concept, 3 bed, 3 baths, den, & a 3 car garage. the lavish gourmet kitchen includes: custom cabinets w/crown molding & soft close drawers, quartz tops, ss appl w/electric range, & beautiful wood floors. enjoy your private master suite with walk-in closet & deluxe walk-in shower. don't miss the 2nd floor laundry room w/custom cabinets. l/o ll is just waiting for your finishing touches, but ready for another bed, bath & rec-room. 44 photos located in a quite cul de sac, and backing up to a huge park with huge green space, hockey rink, playground, walking path, and lake that you can swim in! you can view it all atop your recently installed maintenance free deck! this 2013 built mattamy home features an open concept floorplan, hardwood floors, beautiful granite, lots of cabinet space, large mudroom,on the main level. upper level includes 4 bedrooms, large loft, laundry room, and en suite master bath w framed mirros and soaking tub & walk in closet. hunter douglas blinds throughout, & irrigation installed! a great price for what you get! this one will not last, come look today! 12 photos distinctive design build is proud to present the “bridgeport” in the new wild wings neighborhood. this unique, modern floor plan with 2568 finished feet is dressed with quartz counter tops, tile back splash. stainless steel kitchen appliances and custom cabinets. 5 1/4” site finished white enamel baseboards & nylon carpet, 3 1/4" enameled casement with mi dual pane windows. vaulted great room with kitchen and dining, large foyer, upper level laundry room, barn wood & stacked stone gas fireplace. rustic barn wood box vault in the master en suite with double vanity and tile surround shower. 22 photos like-new construction without the hassle of building! with main floor living, and five bedrooms, this beautiful home suits many lifestyles. boasting an inviting front porch, white millwork, volume ceiling, and an abundance of windows to flood both levels with natural light, you'll be charmed! fantastic location near 18- hole southern hills golf course, and offering expansive views of stelszel youth fields. a stairway from the deck leads to the paved walking-biking path and nearby fenced playground. friendly cul-de-sac and farmington schools too! 30 photos beautiful home in mystic meadows, built in 2013! home has an open floor plan w/4 bedrooms on one level and upper level laundry. large gourmet kitchen w/ss appliances, walk-in pantry, silestone counters & large center island. master suite w/ walk-in closet. features include hardwood floors on the main level & stone fireplace. large flat backyard with custom designed deck and sprinkler system. great neighborhood amenities w/many parks & miles of walking/biking trails. charles merritt homes proudly presents this 3 bed, 3 bath new design with a wide open floor plan! gourmet kitchen features granite counter tops, custom cabinets and walk-in pantry. hardwood floors, high ceilings, and lots of windows. all of this for under 390,000! come see the charles merritt difference. 50 photos well maintained and spacious home! corner lot with a fence. quiet street with great neighbors. 4 bedrooms on the same level + a lower level bedroom and den. 35 photos better than new construction: 2 yr old home with all the bells & whistles. fenced yard, deck, security lights, heated garage, soaring vaults, bar and so much more! bring your fussiest buyers, they won't be disappointed. 34 photos "cameron xl" features open concept main level kitchen, dining, living rm with lvp flooring. beautiful custom white kitchen cabinets, plus walk in pantry for abundance of storage, granite kitchen counters.lower level family rm great for entertaining.upstairs features a large master w private 3/4 bath and walk in closet. 2 add. beds and full bath upstairs. t.c. construction is quality builder, 40 yrs of experience over 5,000 homes built. home packages starting low $300s plans & lots available. 35 photos a must see two-story, walkout! upgraded throughout, beautiful, bright and open home in a great location. main floor family room with fireplace, open to kitchen and dining area. four bedrooms on one level with master bath and large walk-in closet. hardwood floors, stainless steel appliances, granite countertops, window treatments, vaulted ceilings, speakers throughout, composite deck, fenced in yard and custom built storage shed in backyard are just a few of the upgrades and/or improvements you will find in this home. finished lower level has additional bedroom, bathroom and family room along with tons of storage. conveniently located within walking distance to parks, trails, schools, health care, pharmacy, daycare and more (pizza)! you won't want to miss this one! 19 photos 5 bedrooms and 3 baths, 2700 finished square feet in this unique split entry home. upper level features 3 bedrooms and 2 baths, or use one as a den! lower level with 2 additional bedrooms, bath and huge entertainment room! simplify your new home purchase or new home build with a quality country joe home! 32 photos amazing 2 story! featuring fresh model like design & finishes. flowing open floor plan kt/dinning feature hdwd flrs, eat in island, lrg pantry,w/quartz counters, stainless appl open to lving rm w/stone fire plc, built in shelving & open stair case. main flr office with glass french drs.mud rm off garage/kt w/bench.upper lvl 4beds, loft, private master suite & upper laundry. finish light bright lookout lower lvl for total of 3000+ sq ft & instant equity! new carpet through out! sprawling deck walks down to large open private yard w/no house on top of you! 32 photos from the spacious entry to the open floor plan with 10 foot ceilings in the living room, this home will impress from the first steps in. the main floor kitchen features plenty of work and storage space with the dining room attached for ample seating. main floor laundry, bedroom and bathroom allow for single level living. the lower level features a large bedroom with a private bath. the lower level's second kitchen is perfect for entertaining or using the lower level as a private suite. high end finishes throughout include hardwood floors and cambria counter tops. 35 photos stunning key land homes 2015 build! modern open floor plan great for entertaining family and friends. many upgrades including stone fireplace, granite counter-tops, and natural hand-scraped oak floors. three bedrooms and two full bathrooms upstairs with convenient laundry room. spacious master bedroom with private master bathroom featuring full tile walk-in shower and double vanity. fully finished basement with fourth bedroom, full bath, and plumbed for wet bar. huge insulated three car garage. situated nicely in a cul de sac and located near convenient walking trails! 22 photos quality and affordable new construction home brought to you by t.c.construction.open concept kitch/living/dining.custom cabs/granite counters/solid panel doors&more. master on own level.generous allowances for selections. landscaping/sod/irrigation/concrete driveway included in price.3 car garage is ready for all your toys.lower level has room for additional bed and bath. t.c.is a hands on builder with over 40 years of experience and 5000+ homes built.addition lots and floor plans available. 1 photos functional open design sure to please! home features 3 bedrooms on one level, soaring vaulted ceilings, private master suite, hardwood flooring, granite counter tops, and huge entertaining areas. experience quality, while having the flexibility to make your own selections. several other floor plans to select from as well. 31 photos great walk out rambler style home with great views and quiet cul-de-sac. built with the future in mind this home features a 20x20 deck that has support structure in place for an addition of the buyer's choosing or enjoy the beautiful sunsets as is. 3 car garage is over sized, insulated and heated and walks directly into laundry/mudroom. cozy up to the natural stone fireplace in the lower level that walks out to the incredible backyard. 30 photos location! location! is just the beginning here...'amazing private lot' backs to nature preserve w/walking trails to neighborhd park & ball fields.like new 2 story.beautiful open great rm inc, kt w/stainless appl, quartz eat in island,open to dining, great rm w/gas-stone fire place,all walking out to fabulous deck & private nature sanctuary.private master suite w/walk in closet, separate tub & shower.great finishes thru-out. 3 car insulated heated garage, lrg mud rm & in ground sprinkler system.add +1000 sq ft. in your new walkout basement!ready for finishing touches! all ready to move in & enjoy! 20 photos distinctive design build is proud to present another beautiful home in the new regetta fields neighborhood in farmington. this 5 br, 3 ba modern & efficient floor plan w/2386 finished sq ft is dressed w/quartz counter tops/custom cabinets & tile back splash, 20 year warranty carpet, ss appl, energy star rated windows, passive radon mitigation system, spacious master suite w/double vanity. vaulted upper level dining/great room. 36 photos connected to a middle creek park, this lovely two-story home sits on a premium lot with access to park trails, natural green ways and rear privacy. spacious main floor with large open kitchen-hosting large gatherings is easy, as kitchen opens up family room and rear deck. 4 bedrooms on one level! generous master suite has two separate closets, with master bath. rear deck with concrete patio. full basement with walkout, awaiting your finishing touches. 19 photos luxurious one level living quad townhome with 2 beds, 2 baths plus a den w/ 1823 sq ft. open floor plan w/ lots of large windows and natural light. 9' ceilings 42" shaker wood cabinets, hardwood floors granite countertops and upgraded ss appliances. handicap accessible interior and exterior 36" doors. 50 gallon power vented water heater. oversized insulated garage with attached storage room. garage floor by garage floor coatings of minnesota. many upgrades in this beautiful home. 47 photos 5 br, 4ba, 3000+ sq. ft. home on fabulous fenced lot backing to pond & nature preserve. awesome open main level kitchen & dining room with hardwood floors & high vaulted ceiling. upper level has 3 brs, full bath, private master bath & lofted living room w/ gas fp. walkout ll has awesome bar area, a 2nd gas fp, 2 brs, an office & full ba. huge insulated & heated triple garage w/ 9' 3rd stall door. deck of the back and an impressive stamped concrete patio in front. 27 photos main level living with beautiful finished basement with association maintained amenities! former model home gives the best of both worlds detached town home association with maintained exterior! all living facilities on one level! shows like a model and move in ready built in 2015. lots of extras, storage room and top notch finishes make this home stand out! 1 photos custom built split entry with many upgraded features! included walkout basement, 3 bedrooms on 1 level, 5 total bathrooms, soaring vaulted ceilings, hardwood flooring, and open living spaces. great farmington location consisting of other custom built homes. don't miss your opportunity! 17 photos distinctive design build is proud to present another quality home in the new regetta fields neighborhood in farmington. this 4 br, 2 ba modern & efficient floor plan w/1952 finished sq ft is dressed w/quartz counter tops/soft close cabinets & 20 year warranty carpet, ss appl, energy star rated windows, passive radon mitigation system, spacious master suite w/double vanity. vaulted upper level dining/great room. 29 photos full four car garage on this beautiful new construction home. three bedrooms on one level with a fourth and fifth possible in the lower level. unique foyer is welcoming and spacious. bright and cheery - vaulted ceilings and abundant windows that take advantage of the beautiful views. private owner's bathroom. huge basement family room with fireplace. lovely finishes in all of today's most sought after styles. this new listing is not to be missed. 29 photos beautiful completed new construction less than a year old. pristine condition & ready to move in! includes many upgrades and features: open main floor w/luxury vinyl wood flooring, light and bright kitchen w/ ss appliances and full pantry, 3 spacious bedrooms up, ll family room w/gas fireplace, neutral decor, landscaped yard w/sprinkler system overlooking wetland preserve. 44 photos hard to find one level, end unit townhome. pristine condition, move in ready & available for a quick closing. handicap accessible. the spacious kitchen features an array of upgrades including new stainless steel appliances in 2017 which include a gas range, custom tile backsplash & flooring, granite counter tops, 42" inch maple cabinetry, & oil rubbed bronze cabinet hardware & light fixtures. the main level sunroom steps out to the concrete patio to enjoy summer bbq's & overlooking to wooded lot. there are also 2 bedrooms, a guest bath, dining room, living room, laundry w/ commercial grade washer & dryer & master suite on the main level. the master suite has a huge walk-in closet & private bath. the bathroom has dual vanities, separate shower & a large soaking with jacuzzi jets. massive lower level family room with wet bar & included furniture is great for entertaining. this townhome also includes endless storage throughout. schedule your showing this week as it is sure to sell fast! 2 photos handyman special! looking for a rambler with acreage? this is it. this home design was ahead of its time, with an open kitchen, dining and living room area, separate formal living room/dining room, and a master bedroom with a private bathroom. this home needs work and is being sold "as is," but it will be the right home for the right person. additional 3 acres available for sale, as well. 12 photos beautiful rambler in nice location. impressive, open floor plan. custom quarter sawn oak cabinets with soft close drawers & doors with a recycling center. high end granite, tiled backsplash, stainless appliances, counter lights with dimmers complete the kitchen! pantry! nice serving area for entertainment. newer windows, refinished hardwood floors. new carpet and paint. spacious lot with garden area and swing set. private master with ¾ shower and updated vanity and granite top. finished ll with walk-in tiled shower, & large br and fr. plenty of storage in ll, spacious laundry and craft area. work area in garage has cabinets and refrigerator. 1 photos beautiful two story home built by tc construction, inc. open concept main level kitchen features custom cabinets & granite counters. upstairs hosts 3 bedrooms, 2 full baths (including master bath) and laundry room for convenience. landscaping package: sod, irrigation and concrete driveway included. all home packages come with generous allowances for selections of buyers choice. trusted 40+ year builder with over 5,000 homes built. additional lots and floor plans available. 16 photos all new construction with warranty and the colors you pick. walkout basement for you to grow into.solid doors maple cabinets energy features for low energy bills call today to see this plan or others that may fit the budget. 15 photos taxes due in 2019 are $1705.48 low because of disable veteran credit, normal taxes would be approximately $3,818.00. vacant. move in condition, lots of upgrades, open light and bright. walkout, fenced side and back yard, privacy fence along home is nice, neat for parking boat, camper, or trailer. large back yard ideal for pets, kids, garden, whatever your needs. vaulted kitchen/dining/living room area, open, light and bright. owners did not have time to touch up some exterior items like deck. 21 photos this property is move in ready. amazing 4 beds, 2 baths, and 2 stall garages. freshly painted and new stainless appliances. 7 minutes away from hyvee and target. 20 photos welcome home! split entry home with new carpet, paint & appliances to make it move-in ready. open floor plan with a lot of natural light and neutral decor. large, flat backyard with shed for lawn items. 13 photos this hard to find, farmington "open concept" split-entry home, offers vaulted ceilings, a wet bar in the lower level, a deck, hardwood flooring, and a two-car garage. upgraded features include new carpet in select rooms and fresh interior paint. 34 photos lovely home, recently updated with a huge yard and awaiting new owners to make this home their own! 22 photos carefree living in this charming updated home! new furnace, new roof, new kitchen appliances, new washer/dryer. fully fenced in back yard, wonderful patio and bonfire pit in back yard. this home has been updated throughout! don't miss the opportunity to own this beautiful home! 26 photos nestled on a nearly half acre fenced lot with many mature trees, this house is has many of the more expensive updates for the buyer. windows have transferable warranty, roof is 2016, garage door and opener new in 2018, deck in 2017, custom kitchen in 2017! two garden sheds provide numerous outdoor storage options. the insulated garage has cabinets and workbench for storage and space to do projects. fantastic deck overlooks the expansive fenced yard with a fire pit for outdoor fun and recreation. 20 photos great home in farmington offers 4 nice bedroom, 2 baths, updated kitchen with dining area leading to large deck. living room with wood burning fireplace, lower level family room plus 2 bedrooms and 3/4 bath. new roof and sky light! garage is insulated & fully finished with extra storage on sides & in attic above! fully fenced in back yard is well cared for and offers play space for pets or children. close to schools, shopping, dining & parks! you will be glad you looked at this wonderful home. 36 photos well maintained home with great entertaining space both inside & out! enjoy a large deck, 3 season porch (insulated and finished in 2017), nice size family room with gas fireplace/stove, large utility room that can be converted to additional living space, new leaf guard gutters, newer siding and windows, also close to walking trails & more! check it out today! 30 photos lots to love in this beautifully maintained updated home. a fresh new entry with bench seating welcomes you in. 3 beds on one level with new carpet, paint, flooring, ss appliances, counters, updated lighting and new 1/2 bath in ll. master bed has walk-in closet. lower level has dry bar area perfect for entertaining that walks out to fully fenced flat yard and shared park area. great location with lots of walking trails. 24 photos darling walkout rambler with views of hill dee park! light and bright main floor has 2" oak floors, neutral décor and new finishes throughout including stainless appliances and fixtures. the walkout lower level has fabulous entertaining spaces with high ceilings, a gas fireplace, separate play space/office and slider leading to the new, oversized, 2-tiered deck. low maintenance yard with vaulted shed. close-in farmington neighborhood just 1 block to hill dee park and 1 mile to hyvee, target, shops & restaurants. hurry! 17 photos this 1900 built remodeled beauty boasts original hardwood trim, built-in bookshelves and welcoming front porch. updated interior includes totally updated kitchen and baths with new cabinets, countertops and appliances; new vintage wall coverings as well as new windows and flooring throughout. . a spacious yard with storage shed near the garden and newer concrete patio provides a perfect outdoor space on a quiet street, close to downtown, schools and fairgrounds. 33 photos welcome home! to this spacious and charming 1 1/2 story. located within walking distance of downtown farmington. this home features beautiful hardwood floors on the main level. a supersized master suite located upstairs. updated main floor bathroom, newly painted garage and spacious family room addition with vaulted ceiling and gas fireplace. great family room area with a walkout to a newly paved patio. 2 car garage, plus a carport make this property a must see! 19 photos for short notice/after hours showings call appointment phone #, otherwise use bas. contact seller for questions or offers at appointment phone #. contact facilitator buyself realty if any issues/unreturned calls. 19 photos contemporary three level townhome located in the heart of farmington. recently finished lower level. new water heater, water softener (owned) and refrigerator. you'll enjoy the hard to find oversized two car garage with room for storage or workshop. large west facing deck perfect for morning coffee or summer barbecuing. move in ready! 2 photos hard to find end unit overlooking pond, one of the nicest lots in the development. spacious open floor plan with 9' ceilings, over sized windows, big kitchen with breakfast bar and pantry, and ss appliances. upper level 2 bedroom, 2 bath with large loft and huge master bedroom. walking paths and parks, great location. come see! 18 photos do not miss your opportunity for this townhome with a desirable layout that features vaulted ceilings, a loft, and whirlpool tub with separate shower in the main bathroom. property is close to parks, schools, trails, and shopping. 27 photos solid 60s rambler on a nice quiet street! 3 bedrooms on one floor, plus main floor laundry. hardwood floors throughout the living room, hall and bedrooms. oversized (23’5x15’6) 1 car garage plus a storage shed. 4th bedroom downstairs has an egress window and just needs a partial ceiling. steel siding. newer furnace. enjoy the fenced backyard, paver patio, many perennials too! if you’re handy, this could be the fixer upper you are looking for! great equity builder! 13 photos brand new vinyl, carpet and paint throughout home. new furnace & ac 2017. very large functional kitchen with center island which includes overhang for more seating, plus separate counter has another overhang for more stools. large loft upstairs could also be used as third bedroom. over-sized master bedroom with walk in closet and bonus closet. master bath has separate shower and jetted tub. beautiful view of water off of your front patio. convenient location for shopping and recreation. 16 photos great town home that is very clean and updated.new black stainless steel appliances, new sparkling granite counter tops w/ matching granite backsplash, new garbage disposal & water heater, fresh paint,new bamboo floors in living room and stone veneer on the fireplace. 2 bedrooms up, loft area, spacious baths, breakfast bar in kitchen and dining space, and front yard greenspace. close to highways, shopping, schools and parks! come take a look today!!! 26 photos great open floor plan with fireplace. 3 beds, 2 baths, and a 2-car garage. nice walking trail with holding pond out back. buyer agent to verify measurements. 8 photos great starter home in downtown farmington! this home has so much character and potential. beautiful original hardwood floors in main level bedroom. upper level finished with additional bedroom, loft area, and unfinished attack space that could be finished for a great kids secret playroom! new roof, soffits, and siding in 2008! amazing opportunity to make this historic charmer your own! 11 photos this stunning townhome boasts extravagantly large living room windows that create a serene setting throughout the entire home. the home has been completely renovated from top to bottom with brand new vinyl wood flooring throughout the entire main level, freshly painted white kitchen cabinets and new shelving along with newer stainless steel appliances, new white doors and trim throughout the entire home, fresh modern paint palette throughout the entire home, and a custom built-in large dining set in the dining room constructed with additional ample storage in the bench seating provides incredible sophisticated function. the gorgeous vaulted ceilings in the master bedroom, and also in the living room completed with elegant wood beams makes stellar picturesque views that do not disappoint. this home is a must see!!! multiple offers received - highest and best by sunday 4/14/19 at 12pm.

2019-04-26T03:54:39Z

https://danearthur.com/mn/farmington/residential

In a letter to UMass chancellor Kumble Subbaswamy, the organizations also requested that in the future, UMass faculty will be prohibited from using the university’s name or resources to further their own personal or political agenda. “Providing the imprimatur of three academic departments to such a politically motivated and directed event violates the core academic mission of the university, suppresses student expression and impedes the free exchange of ideas so essential for any university,” it continued. The May 4 event, titled “Not Backing Down: Israel, Free Speech & the Battle for Palestinian Rights,” is being organized by the NGO Media Education Foundation (MEF), whose director, Sut Jhally, is also a UMass professor and chair of the communication department. The groups alleged that Jhally’s actions violate the UMass Amherst Principles of Employee Conduct. Speakers will include supporters of the anti-Israel BDS movement, including musician Roger Waters, Women’s March leader Linda Sarsour, and professor and former CNN commentator Marc Lamont Hill. The event is being sponsored by three UMass departments: the Department of Communication; the Department of Women, Gender, and Sexuality Studies; and the Resistance Studies Initiative UMass. UMass did not immediately respond to a request for comment. The week-long holiday of Passover began April 19. The holiday starts in the evening, with family and friends gathering to read the Passover guidebook that tells the miraculous story of the redemption by God of the Israelites from ancient Egypt. It is a journey from slavery to freedom and into the Holy Land. Take this quiz to see how much Hebrew you know! To learn more about Biblical Hebrew online, please visit here. Written in coordination with the Israel Institute of Biblical Studies. Israel’s 2018 defense exports totaled approximately $7.5 billion, a drop of almost $2 billion from the year before partially attributed to the cancelling of two major contracts last year. Figures published by the Defense Ministry on Wednesday showed that approximately one quarter of Israel’s defense exports were for missiles and missile defense systems. At the start of April, Hebrew media reports quoted unnamed Israeli security officials as saying that the Iranian-backed Palestinian Islamic Jihad terrorist faction, whose rocket arsenal is larger than even that of Hamas, was planning a significant attack on Israeli targets. The information appeared to achieve its goal of discouraging the perpetrators, and no attack transpired. But the fact that PIJ was reportedly planning an incident that could have upset Egyptian attempts to restore calm to the Gaza Strip could hint at a wider struggle taking place within Gaza between Egypt and Iran. Gaza’s ruling regime, Hamas, has reportedly faced demands from Egypt in recent months to decide whether it “takes its orders from Tehran or continues to implement the understandings for calm” formulated by the head of Egyptian intelligence Abbas Kamel. The clash of interests between these two regional Middle Eastern powers seems clear; Egypt wishes to see Gaza calm, stable and cut off from ISIS-affiliated terror networks in Sinai, which also threaten Egyptian security as a whole. Iran sees Gaza as one more base from which it can exercise its radical influence and encourage the growth of a terrorist army that threatens Israel, in addition to regional stability. Iran transfers $100 million a year to the military wings of Hamas and PIJ collectively, according to Israeli estimates. Boaz Ganor, executive director of the International Institute for Counter-Terrorism at the Interdisciplinary Center in Herzliya, recalled that with the signing of the 1979 Israeli-Egyptian peace treaty, Cairo had no interest in retaking Gaza. Egypt’s President Anwar Sadat “understood the problematic nature of this territory, which is the most crowded in the world, and racked with poverty, fundamentalism and a lack of a sovereign ruler,” said Ganor. As a result, Sadat did not demand a return of Egyptian rule over Gaza, despite the fact that Egypt controlled the Strip prior to the 1967 Six-Day War. El-Sisi has identified a process of Iranian infiltration into Gaza via its proxy, PIJ, “and is concerned by the growth of a forward Iranian post on the northern border of Egypt,” assessed Ganor. Another source of concern for El-Sisi is the fact that ISIS in Sinai is linked to fellow Salafi-jihadist elements in Gaza. These security and political factors, as well as Egyptian concern over the prospect of a new armed conflict erupting between Israel and Hamas on Egypt’s border, have all led to “massive Egyptian intervention and a will to be active in what is taking place in the Strip,” said Ganor. Israel, for its part, is in favor of this intervention and has even requested it over the years. Yet Iran is trying to neutralize Egyptian influence in Gaza, Ganor noted, while looking to tighten its links with its Gazan proxies. Tehran is trying to transfer funds and weapons into Gaza. “It also seeks to instruct its proxies to disrupt every process that can lead to calm,” said Ganor. Tehran’s relationship with Hamas is somewhat more complicated. The PIJ’s former leader, Ramadan Salah, as well its current chief, Ziad Nakhalah, are both frequent visitors to Iran, where they are “familiar guests,” stated Segall, a former head of the Iran Branch at the Israel Defense Forces’ Military Intelligence Directorate. With Iran training sessions for PIJ in the Islamic Republic, the organization is an “explicit proxy of Iran, in contrast to Hamas, which is under Iranian influence but has its own agenda and is more independent,” he argued. Despite this Iranian influence, Egypt has far more at stake in Gaza, which is at its back door. “Whatever happens in Sinai directly influences Egypt. Iran, meanwhile, is distant, and tries to activate its influence in Gaza by remote control,” said Segall. He summed up the Iranian proxy strategy as follows: “The more Israel bleeds on its borders, the less it can engage Iran directly.” And the Iranians would like the same thing to happen in the West Bank, with Iranian Supreme Leader Ayatollah Ali Khamenei calling for terror factions there to be armed just like they are in Gaza. “This is central component in Iranian doctrine. It’s about asymmetric warfare. Gaza, Lebanon and Syria have become part of Iran’s asymmetric warfare doctrine,” said Segall. PIJ has used Iranian-made sniper rifles to fire on the IDF, as well as advanced bombs. It manufactures rockets with Iranian know-how—all part of Iran’s attempt to “sharpen its influence and leave its footprint” in Gaza. While Iran has the power to activate PIJ to disrupt Egyptian mediation efforts or spark a new conflict, PIJ also faces pressure from Hamas, which can force its will on it, including through the force of arms, according to Segall. “I think that on the day they receive their order from Iran, PIJ will obey and cash in its checks, which it received over the years from the Iranians,” he said. When will the Messiah finally come? And how might that take place? Tamar Yonah speaks with Adam Eliyahu Berkowitz, who makes it his business to write articles on WHEN and HOW the Messiah might arrive on the scene. There are different interpretations and beliefs, and he shares some of them on this show. Did you know that the War on Terror actually “is a war for natural resources – and that terrorism has little to do with it”? Okay, you might ignore the predictable “Islamophobe” silliness; but where did that statement come? Wherever did I “insist that there is no such thing as a moderate Muslim”? A search of the archive at DanielPipes.org turns up 5 article titles and 6 blog titles including the words “moderate Muslim”; also 2 and 3 titles, respectively, with the term “moderate Islam.” In all, the term “moderate Muslim,” turns up 619 times there and “moderate Islam” 1,270 times. That adds up to nearly 1,900 references. You will find so many of my articles on this topic that there is even a collection of them in a “Bibliography – My Writings on Moderate Muslims.” In addition, a favorite, standing slogan of mine, “Radical Islam is the problem, moderate Islam is the solution,” shows the centrality of moderate Islam to a strategy I have long held for defeating Islamism. Maszka’s misstatement of the views of this author is another example of his adding to the miasma of misinformation: vaguely aware that Middle East and Islam specialists inaccurately but routinely claim me to be anti-Muslim and anti-Islam (as opposed to anti-Islamist and anti-Islamism, which is accurate), he probably figured that he knew what my views were well enough not to have to bother with the tedious exercise of verifying what they actually are. In this, Maszka depressingly typifies much of Middle East studies: too dim to have common sense, too lazy to bother with research, too ideological to fix factual mistakes, and too smug to care about the harm caused by them. But amid all the chomping and chewing, it is easy to forget the powerful symbolism of this simple food, which for millennia has served as a tangible and edible link to our collective past as a people. That would be a shame indeed, because in its very essence, matzah has much to say to the modern Jew. As children, we are taught in basic terms that matzah is eaten on Passover to commemorate the haste with which the Jewish people left Egypt, as described in the book of Exodus (12:39). As we mature into adulthood, additional layers of meaning are embedded into our consciousness, with matzah often portrayed both as lechem oni, the “bread of affliction,” as well as a symbol of freedom. The masters of Musar, Jewish ethical thought, frequently invoke matzah and bread as imagery representing the vast gulf between humility and arrogance, while the Zohar, the primary book of Kabbalah, refers to it as “food of faith”. But looking through the prism of Jewish history, and particularly the trials and tribulations that befell our ancestors in exile, I would like to suggest that matzah also embodies another important trait, that of Jewish defiance, determination and heroism. From the Inquisition to the Holocaust, the direst of circumstances did not deter Jews from forgoing bread and eating matzah at Passover, even at the risk of torture or death. With unbowed pride and an unbroken spirit, Jews insisted on defying their tormentors in the only way they could, by clinging tenaciously to the commandment to eat matzah. Take, for example, the Bnei Anusim (whom historians refer to by the derogatory term “Marranos”), the descendants of Spanish and Portuguese Jews who were forcibly converted to Catholicism in the 14th and 15th centuries, yet continued to practice Judaism in secret down through the generations. The Inquisition, which hunted down these crypto-Jews with a frightening mix of zealotry and cruelty, frequently put on trial people they suspected of observing Jewish customs, and burned those found guilty at the stake. Nonetheless, the archival records of the Inquisition are filled with references to accusations against Bnei Anusim who secretly ate matzah on Passover and held covert Seders. One cannot help but read these accounts with admiration. Imagine the courage it required for a family living in the shadow of the Inquisition to risk discovery by holding a Seder, eating matzah and refusing to eat bread, all in an attempt to keep alive their covert Jewish beliefs. If that is not a testament to Jewish valor, what is? Even during the dark days of the Holocaust, we find accounts of brave Jews who went to incredible lengths to obtain matzah in the ghettos and concentration camps of Europe, resisting the Germans by upholding their faith. An April 16, 2008 article in The New York Times told the remarkable story of Hadassa Carlebach, whose father Rabbi Zalman Schneerson, hid dozens of Jews in France from the Nazis, finding hiding places for 60 people in farmhouses outside Grenoble. In our modern world, with matzah so readily and easily available, it is not surprising that we often take it for granted, with some merrily complaining about its taste, texture and occasional after-effects. But matzah is more than just a morsel of food. It is a transcendent item, one that transports us above and beyond time and connects us with our ancestors who left Egypt. But matzah is also a symbol of Jewish resistance and faith, one that was sanctified down through the generations by the sacrifices made by countless Jews to observe the precept even at times of national calamity. So when you bite into your bit of matzah and consider its meaning, it is worth taking a moment to remember those who came before us and the extraordinary efforts they made while yearning for the freedom and Jewish sovereignty that our generation is blessed to enjoy. For the matzah we eat is far more than just a crunchy delight. It is an annual reminder that even in the darkest of days, the Jewish people never can or should lose hope. In Lebanon, Palestinians have long been facing discriminatory and “Apartheid laws” that deny them basic rights, including access to dozens of skilled professions, health-care and education services. According to some reports, thousands of Palestinians have been fleeing Lebanon in recent years as a result of the dire economic conditions and government regulations that deny them basic rights. In 2015, a Saudi court sentenced Palestinian artist and poet Ashraf Fayadh to death by beheading for “apostasy.” Later, however, the court overturned the death sentence and replaced it with an eight-year prison term and 800 lashes. The “evidence” against Fayadh was based on poems included in his book Instructions Within, as well as social media posts and conversations he had in a coffee shop in Saudi Arabia. Palestinian leaders do not seem to care about the suffering of their people at the hands of Arabs. Yet, these same leaders are quick to condemn Israel on almost every occasion and available platform. Palestinian leaders in the West Bank and Gaza Strip are so busy fighting each other (and Israel) that they seem to have forgotten about the Palestinians in Arab countries, being killed, wounded and arrested every day. Saudi Arabia appears to have joined the list of Arab countries that mistreat Palestinians. In Syria, thousands of Palestinians have been wounded, murdered and arrested since the beginning of the civil war in 2011. The latest statistics show that nearly 4,000 Palestinians — 3,920 to be exact — have been killed in Syria in the past nine years, while 1,750 others are being held in various Syrian government prisons. Another 323 Palestinians have gone missing during the same period. It now seems that it is Saudi Arabia’s turn to harass and intimidate Palestinians. A report in the Gulf-based Al-Khaleej Online news site disclosed that the Saudi authorities have in recent weeks arrested and terrorized Palestinians living in the kingdom while the Palestinian embassy in Riyadh has chosen not to intervene. The report said that more than 30 Palestinians, including students, academics and businessmen, have been secretly rounded up by Saudi security forces. The Saudis, the report added, have also threatened to ban dozens of Palestinians from leaving the kingdom, while many others have been dismissed from their jobs and are facing deportation. Palestinian sources said that the crackdown on Palestinians in Saudi Arabia began nine months ago, but has intensified in recent weeks. In early March, the Saudi authorities announced , without providing further details, that they had arrested six Palestinians in connection with security-related offenses. The Palestinians were among 50 suspects with eight different nationalities arrested by the Saudis. In addition to Saudi Arabia, the remaining suspects are from Egypt, Afghanistan, Syria, Jordan, Yemen and the Philippines. At this stage, it is not clear whether the security crackdown on Palestinians in Saudi Arabia is linked to the arrest of the 50 suspects. Palestinians insist that the crackdown began long before the arrests. Palestinians families said that their sons who are residing in Saudi Arabia have been subjected to “humiliating interrogation” by Saudi security officers. “The Palestinians were threatened and prohibited from leaving the kingdom,” the families were quoted as saying. As part of the unprecedented crackdown, the Saudi security forces have raided some Palestinian homes and conducted “violent searches” before taking their occupants into custody. The Palestinian detainees are being held in undisclosed locations, their families said. Nidal Hamideh, a Palestinian living outside Saudi Arabia, said that on April 5, one of his relatives — Abu Fadi — was arrested after being summoned for interrogation. “Abu Fadi has been working as an employee for a Saudi company for three years,” Hamideh said. Hamideh said that his family’s attempts to find out where Abu Fadi was being held have thus far been unsuccessful. The Paris Francophone Institute for Freedoms condemned the “arbitrary” Saudi measures against Palestinians in the kingdom as a “blatant violation of international human rights conventions.” The institute said it has received testimonies and statements indicating that in Saudi Arabia, in the past few months, dozens of Palestinians have been arrested. The Saudis, it added, have also confiscated properties belonging to the Palestinians. One of the Palestinians targeted by the Saudis told the Paris Institute that the Palestinians were being interrogated about their support for Palestinian groups in the Gaza Strip and for criticizing the Arab government’s policies towards the Palestinian issue. “The prolonged detentions without charge, trial or appearance before a judge are arbitrary measures that violate Saudi law and international human rights standards,” the institute said. The Paris institute expressed deep concern that the Palestinian detainees were being subjected to widespread abuses, including extended periods of incarceration without charge, trial or legal assistance, and called on the Saudi authorities immediately to release all Palestinians, end their travel ban and the confiscation of their properties, and to compensate them for physical and psychological harm. In November 2015, a Saudi court sentenced Palestinian artist and poet Ashraf Fayadh to death by beheading for “apostasy.” Later, however, the court overturned the death sentence and replaced it with an eight-year prison term and 800 lashes. The “evidence” against Fayadh was based on poems included in his book Instructions Within, as well as social media posts and conversations he had in a coffee shop in Saudi Arabia. In the past few years, relations between the Palestinians and Saudi Arabia have been extremely tense, particularly after reports about a rapprochement between the Saudis and Israel. Several Palestinians have taken to social media to badmouth Saudi leaders and denounce them as corrupt, mentally retarded and traitors. The amount of those people who are converting to qualified writing companies has increased in the recent past. They are simply looking at these services to enable them to on making and even producing the work they do for college or other purposes. 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However, the song concludes with the promise that God will redeem His people and exact retribution from their enemies. Moshe starts his song by addressing heaven and earth, calling upon them as his witnesses for this covenant. Unlike humans who come and go, heaven and earth exist for eternity. Though it may take thousands of years, Hashem will keep His promise to redeem the entire Jewish people and return them to their land, and heaven and earth will be the loyal witnesses who see the process through to its complete fulfillment. Breaking Israel News’ Adam Eliyahu Berkowitz joins Dr. Anthony Harper of InterMountain Christian News for a discussion near Mount Hermon. On Saturday night, while most of Israel was cleaning up from the Seder ritual, a few families went out to the fields near Ruhama in the Negev to harvest the barley to be used in the Omer wave offering. Normally, the barley for the Omer is harvested directly after Passover ends but this year, the holiday fell on a Friday night so the harvest was delayed until Shabbat ended on Saturday night. The sheaves of grain were brought to Jerusalem where it was beaten, the chaff removed, and sifted through 13 sieves. Finally, the grains were roasted and ground into a coarse meal. Olive oil, specially prepared for temple use, was added, along with frankincense. The preparation of the grain is usually done outside in an area as close to the Temple Mount as the authorities permit but an unseasonably heavy rain prohibited this. The preparation of the grain was performed by Rabbi Baruch Kahane who frequently serves in the role of the head of the Kohanim (men of priestly ancestry) at Temple reenactments. Rabbi Hillel Weiss, the spokesman for the Sanhedrin, explained that the Temple rituals, in particular, the Omer offering, were a necessary aspect of a properly functioning nation. Rabbi Weiss explained that tzedakah, the Hebrew word for charity, comes from the root tzedek, meaning justice. The rabbi lamented that despite being a remarkable representation of Jewish heritage, the Temple reenactments are rejected by the Israeli public at large and frequently encounter difficulties from the government. After this offering is brought, the new grain is permitted to be eaten. The leftover of the sacrifice are kept by the priest and is listed as one of the twenty-four priestly gifts. As Passover ended, Jews began counting 50 days until the holiday of Shavuot, when two loaves made from the barley are brought to the Temple as an offering. U.S. President Donald Trump’s administration announced Monday that any country importing Iranian oil will no longer be exempt from sanctions, unless they secede from the partnership by May 2. It marks a renewed White House effort to heighten pressure – particularly economic – on the reeling Islamic Republic. “President Donald J. Trump has decided not to reissue Significant Reduction Exceptions (SREs) when they expire in early May,” the administration said in a statement. The countries who will no longer benefit from the waivers are China, India, Japan, Taiwan, South Korea, Italy, Greece and Turkey. India is an interesting case; although it has warm ties with Washington, it does not agree on U.S. assistance that Iran is as serious a threat as western countries assess. “They collectively imported a million barrels a day of Iranian oil. Prior to sanctions, Iran was exporting 2.1 million barrels per day. That figure had already dropped to 700,000 barrels. Since oil is Iran’s single export commodity, its cutoff to zero is a virtual death blow to its economy,” said a report on Debkafile. Turkey, under the leadership of Islamist strongman Recep Tayyip Erdogan, vowed to defy U.S. demands, which could cause global oil prices to spiral upwards. Trump tweeted that an increase in Saudi Arabian oil output would make up for the Iranian shortfall. By targeting Iran’s principal export, the United States is seemingly involved in a no-holds-barred move to crush the economy and scale back the clerical regime’s influence. Even before these latest sanctions, the previous attempts to suppress Iran’s economy appeared to have been successful. “The official inflation rate had soared past 50 pc to stand at an annual rate of 30.6pc. Basic foods, water and tobacco were priced 85.3p higher than the corresponding period the year before. Whereas in 2018, the US dollar went for 40,000 rial, today the rate has sunk further to 140,000 rial,” according to Debkafile. Israel’s Prime Minister Benjamin Netanyahu who has been a consistent critic of the Iranian regime and was implacably opposed to the Obama Administration’s cosying up to the mullahs came out in strong support of Trump’s decision. For its part, Iran has not taken the impending imposition of sanctions lightly, criticizing the existing restrictions as being at least partly to blame for the country’s poor response to recent massive flooding. It also leaves the Islamic Republic in a difficult situation. Its population is suffering – and despite U.S. officials saying that the sanctions are not meant to affect the common Iranian, they clearly are. It seems therefore that there are two choices; either the Iranian regime can bow to U.S. pressure or tensions in the region will be increased further, possibly through Iranian closure of the Straits of Hormuz – through which one-fifth of the world’s daily oil requirements passes or through military measures. Hezbollah leader Sheikh Hassan Nasrallah has aimed a barb at Israel, suggesting that the Israel Defense Forces (IDF) will likely not attack Lebanon, as in his estimation, Israel’s home front is ill-prepared for the realities of that war. The leader of Iran’s Shiite proxy in Lebanon also said in a televised speech that the IDF would have to launch a ground invasion and commit significant numbers of ground forces to contend with the firmly-entrenched Hezbollah fighters – now more akin to a parallel Lebanese army. The Hezbollah leader pointed to the recent rockets fired from Gaza over Tel Aviv as proof that Israel is can’t defend itself. “The events and days have proved the unpreparedness of the Israeli home front. We saw how two missiles were fired by mistake from Gaza and landed in the Tel Aviv surroundings and then another missile was shot off from Gaza and landed north of Tel Aviv. All the Israeli measures were not able to do anything. The Israelis say the home front is not ready,” he said. He also assessed that warfare has developed since the last major conflagration between the two sides – the 34-day Second Lebanon War in 2006. In those battles, Israel largely relied on massively superior air power to hit at Lebanese infrastructure. Approximately 1,200 Lebanese, mainly civilians and 160 Israelis, mainly combat soldiers, were killed in the fighting. Nasrallah dismissed a report published in a Kuwaiti newspaper, which suggested that he had predicted Israel would launch a war against his terrorist infrastructure in the summer. Within Israel there has been strenuous debate about the preparedness of both the IDF and the home front in the event of fighting breaking out against Hezbollah. Maj. Gen. (res.) Yitzhak Brik, the Defense Ministry ombudsman, prepared a report in June 2018, which assessed systematic failures within the army. Former chief of staff Gadi Eisenkot ordered an urgent review of the findings and other military figures suggest that the shortcomings have been attended to and that the IDF is properly prepared to wage battle against Hezbollah. In December, the IDF launched “Operation Northern Shield” which found and destroyed six cross-border tunnels dug by Hezbollah from Lebanon into Israel. Despite destroying the tunnels, the IDF is under no illusions that Hezbollah is still likely to attempt to invade northern Israel – either to take Israeli soldiers hostage (alive or dead) for potential future barter) and / or to kill civilians too. At the current estimation, Hezbollah is thought to have between 100,000-150,000 rockets and missiles aimed at Israel. The majority are unguided, but part of Israel’s recent strategy of airstrikes in Syria has been to destroy munitions factories involved in fabricating precision-guided systems for Hezbollah rockets. Snow fell on Mount Hermon on Sunday during Passover for the first time in 22 years. With approximately eight inches of snow already on the ground and accumulation set to continue throughout the day, the Hermon ski-resort management closed the site to visitors. Snowfall was also reported in towns in the Golan Heights. Unseasonable rainstorms drenched the country from north to south, as vacationers tried to find ways to enjoy the Passover holiday indoors. Many parks that were opened for free to hikers and visitors for the holiday were closed, including the Ein Gedi nature reserve. Outdoor events around the country were cancelled or rescheduled for later in the week. While some local scattered showers were forecast for Monday morning, the day scheduled for the traditional Priestly Blessing ceremony at the Western Wall plaza, temperatures are expected to rise and rains to dry up throughout the week, according to the Israel Meteorological Service. Massive rainfalls this year broke a five-year drought. Measurements at the Kinneret showed over triple last year’s rainfall. The Kinneret, Israel’s primary natural water source, rose from just 16 inches away from the Black Line—the point past which the lake becomes ecologically imbalanced—to 11.25 feet from the Black Line as of April 20. It is now 8.75 feet from its upper limit, after which point it would flood its banks. A rare and exciting discovery. A bulla (seal impression) and a 2,600-year-old stamp bearing Hebrew names were uncovered in the City of David. The artifacts were discovered inside a public building that was destroyed during the destruction of the First Temple. They were uncovered during archaeological excavations at the Givati Parking Lot in the City of David National Park in Jerusalem. Jordan watched the recent election results in Israel with some apprehension. “Netanyahu’s next government can include parts of the occupied West Bank territory, as Netanyahu promised his voters,” wrote Fahd al-Khaitan at Al-Ghad, a Jordanian website on April 15. There is an “illusion” of peace with Israel, he titled his piece. At the same time, 13 defendants accused of being members of a terrorist cell in Salt in Jordan went on trial in Amman in late March. The cell was arrested in August 2018 after allegedly bombing and killing two members of the security forces and then hiding in a house in Salt and shooting at police. The King of Jordan, Abdullah II, puts on an upbeat face, expressing hope for security and peace in the region. He told an audience in Italy in March that Jordan was committed to harmony and peace in its international role, in “our fight against terror and hatred on all fronts within a holistic approach.” Jordan wants to work effective “solutions to global and regional crises” and is committed to a peace process that will result in a Palestinian state and a secure Israel. Jordan is now facing the challenge that may be presented by a new Israeli government and a peace plan that the Trump administration has promised to put forward. It also is hosting more than a million Syrians, many of them refugees who fled the civil war in Syria in the last eight years. If that weren’t enough, it also faces steep economic challenges. In the aftermath of the Syrian civil war, the defeat of ISIS in Syria and Iraq, and the looming US peace plan, Jordan wants to thread a needle that continues to bring peace to the small kingdom, but it faces a difficult balancing act. I flew into Amman in early April. It was dark in the early evening. Queen Alia International Airport was full of pilgrims on their way to Saudi Arabia and returning from Mecca. There were more than 100 men and women from Indonesia and a line of Qataris all waiting at passport control. There weren’t very many Westerners. Once out of the airport, the ride into Amman took around 40 minutes. In the dark, the hills are lit up by stately houses, some of them appearing to be small mansions, in gated communities. Poverty isn’t visible at night, only wealth. Amman itself is a congested city. Around half the population of Jordan lives in the sprawling capital. In Jebel el-Weibdeh, where I stayed, the streets were lined with cafes and young people out for a stroll or stopping to have a sheesha (waterpipe). Amman is a relatively quiet city, but it has its small oasis of local hipsters and foreigners who live there. The city has attracted international support over the years, particularly due to the refugee crises in the kingdom. Amman is festooned with beautiful new murals, public art showing women, flamingos and children. It helps cover up some of the drab and dusty multi-story apartments. But there aren’t enough of the murals. I saw five of them. They need more to make the city more colorful. Jordan presents itself as a cordial host of refugees – which it says are its Arab brothers – from neighboring countries. It has been this way since 1948, when Palestinians fleeing fighting, fled to Jordan and neighboring countries. Today there are more than two million of them in Jordan. In 2016, there were 2,175,491 refugees in Jordan, according to UNRWA. They live in 10 camps and UNRWA supports 171 schools for them. There are also an additional 10,000 Palestinian refugees who fled from Syria during the conflict there to Jordan; many came from the Yarmouk camp in Damascus. The Palestinian refugees helped give Jordan some of its identity. But most of Jordan’s identity comes from the kingdom established in 1921. The first king, Abdullah I, was assassinated by a Palestinian while visiting Jerusalem in 1951. After a short reign as king by his son Talal, his grandson Hussein became king in 1952. Hussein was the formative modern ruler, guiding the state through difficulty of a Palestinian uprising in 1970 and signing a peace deal with Israel in 1994. When he passed away in 1999, his son Abdullah II became the fourth king to rule over the state. By that time, the country had around five million residents. Today it has almost 10 million. Such rapid expansion of the population and the expansion of the capital city into a mass of urban sprawl means that the country must change with the times. But since the Arab Spring broke out in 2011, many countries in the region have been concerned about what change may bring. The Arab Spring fell hardest on Arab nationalist countries, toppling leaders such as Egypt’s Hosni Mubarak, Libya’s Muammar Gaddafi, and eventually Ali Abdullah Salah in Yemen and Abdelaziz Bouteflika in Algeria. The long-term impact of the Arab Spring is still being felt, with the overthrow of the Sudanese regime. Only Syria’s Assad family remains in power of the old-style nationalist dictators in the region. Replacing these nationalist regimes has been a complex process, with military regimes and Islamists fighting for the spoils. In many ways, the Kingdom of Jordan sits at that crossroads. It was formative in the era of the Arab revolt, embodying the legacy of that revolt in the 1920s. Abdullah I was a leader of the Arab revolt against the Ottomans and the kingdom was largely created, with the support of the British, out of that revolt. In the 1950s, as Arab nationalism swept the region, the kingdom was challenged by pro-Nasserist agitators. Egyptian president Gamal Abdel Nasser’s Arab nationalism was sweeping the region. King Faisal II in Iraq was overthrown in 1958 and the UK deployed paratroopers to Jordan. Jordan survived the nationalist agitation and it survived the Palestinian groups that sought to use it as a base in the 1960s. Eventually, it was also able to outmaneuver Islamists and the Muslim Brotherhood when those movements became more popular in the 1980s and 1990s. The main Muslim Brotherhood-inspired party in Jordan is the Islamic Action Front. It has 15 members out of 130 in the local parliament. The balancing act of Jordan is thus one that has seen the state ride the different tides that have come and gone from the region over the years – from the revolt period of the First World War to Arab nationalism, Palestinian nationalism, Islamism and the Arab Spring. While it maneuvered through all of those eras, borrowing bits from each, it also inherited and came to host large numbers of people who came to Jordan for refuge. My first day in Amman, I went to the offices of Caritas, a Catholic humanitarian charity that has helped support refugees and local Jordanians. Located in a multi-story building, their offices are adorned with slogans such as, “We believe in our total responsibility toward migrants and vulnerable people.” They operate a series of projects throughout the country helping refugees. This includes Syrians and Iraqis, as well as migrants. Volunteers and professionals help Syrian refugees, providing essential services such as rent allowances, counseling and a place for children to play while parents receive medical support. Seeing the work that Caritas is doing was a window into the larger challenges throughout the country. I’d been to Jordan before to see how the country was facing the crises. In 2016, it was different. This was still a time when Syrians thought they might go home. But in 2019, things have changed. The Syrian civil war in southern Syria, where many of the refugees came from, is largely over. In the beginning, the million Syrians who came to Jordan, of whom around 670,000 registered with UNHCR as refugees, mostly came to avoid fighting in Dara’a and areas in southern Syria. Dara’a, a city visible across the border from northern Jordan, was one of the first sparks of the Syrian civil war. It was in March 2011 that hundreds marched in the city and were shot by the regime’s soldiers; protesters torched a local courthouse and cars. The rest is now horrid history. Assad cracked down on the Syrian protesters and a war began. In southern Syria, that war largely became a stalemate when it was clear the Syrian rebels could not take Damascus and rule the country. By 2015, the Russians had intervened and Dara’a and its rebels settled down for a prolonged ceasefire. The long, slow death of the Syrian rebellion in the south didn’t have a clear beginning. The Trump administration signed a ceasefire deal with Russia and Jordan in July 2017 that was supposed to prevent a Russian-backed Syrian regime offensive in southern Syria. In June 2018, the Syrian regime, boosted by Russia, ended the ceasefire agreements and launched an offensive in the south. The inevitable came for the fighters in southern Syria in the summer. Assad’s tanks retook Dara’a in July 2018. Tens of thousands more Syrians fled the fighting. In October, Syria and Jordan opened a border crossing for the first time in years. Damascus also claimed it was offering amnesty to deserters and draft dodgers in the south, an amnesty that theoretically covered the Syrian refugees in Jordan. When I went to northern Jordan in 2016, the refugees were wondering if the rebels could ever stop the setbacks they faced at the hands of the Russians and the regime. They didn’t know what the future held. But when I went to see the same areas in northern Jordan this time, in 2019, the refugees have come to understand what the future holds. However, their response to the situation is not that they want to return, instead they appear to want to remain in Jordan. When refugees first arrived in Jordan from Syria, they were accepted as “brothers” by Jordanians at the border. Many locals were sympathetic. Many also had family relationships across the border. Trade had flowed back and forth. Everyone had fond memories of Syria and its products. Soon the trickle became a crisis. Jordanians could see the fighting on the other side. Syrians told horror stories of bombings. A woman I spoke to said she had put her children inside a washing machine to protect them. Everyone had stories like that. Brothers killed, cousins “disappeared” by the regime. In Jordan, some first went to refugee camps. The largest became Zaatari, where up to 150,000 refugees were housed. But most refugees didn’t want to live in camps and some 80% moved to cities. Here the rents soon inflated to several hundred Jordanian dinars a month. The Syrians initially were prevented from working; the government didn’t want them competing with locals. Eventually some were allotted permits to work in agriculture and manual labor industries. By July 2018, more than 100,000 work permits had been issued. This was to prevent a crisis. The UHCR was strained in trying to support the refugees and groups like Caritas could only do so much. The refugees needed health care. They also needed education. Jordanian schools were split so that there would be classes in the morning for Jordanians and classes in the afternoon for Syrians. A long-term response would eventually see integration of this process. Today, the Syrians in Jordan are becoming integrated. With a high birthrate, Syrians in Jordan now have tens of thousands of children born locally. In 2016, fully 338,645 of Syrians registered as refugees in Jordan were under 17. It is thought that of the million, more than 50% are under 18 and many of the Syrians marry early, with 35% of Syrian women in Jordan married before age 18, according to a 2017 study. This leads to even more children born in Jordan by a demographic that is young and has a high birthrate. Consequently, the million Syrians will soon have hundreds of thousands of children, and as those children grow up, they will form a whole generation of Syrian-Jordanians. They will likely not want to return to Syria and may become like Palestinians in Jordan – an important part of the social fabric. The Syrians say they don’t want to go back because the thousands who did go back after October 2018 didn’t find that the Syrian regime had changed. Its amnesty was smoke and mirrors. Teenage men were taken off for forced conscription. Men were detained and interrogated. The Syrian regime knows that these Syrians have lived in Jordan for many years, the greater part of a decade. They have had access to critical media. They have certainly changed. And they have had more freedom than people had under Assad. They may not have supported the rebels overtly, but they likely supported them in their minds. The Syrian regime is wary of them. Jordan won’t force the refugees to go back, but the kingdom knows that it is difficult to host them forever. It knows that there are many Syrian children born in Jordan who are now five or six years old. In a few years, they will be teenagers. They will want to be in university. They will feel Jordanian. They will grow up in classrooms adorned with images of the king. Why would they want to go back to Syria? It will take years to repair the infrastructure in Syria. And many Syrian refugees do not want resettlement in the West, which has shut its doors to refugees in recent years. At the same time, funding will be reduced by UNHCR and it is unclear how the refugees will make ends meet. Another issue facing the kingdom as the refugees put down roots is concern over US President Donald Trump’s peace plan. The Trump administration has enjoyed close relations with Jordan. After Trump was elected, he spoke with the king frequently in 2017. However, when he announced the move of the US’s Israel embassy to Jerusalem, the kingdom was nonplussed. King Abdullah I flew to Turkey, one of the main countries opposing the US move. The kingdom has also sought to cement its close relations with the Gulf monarchies. In recent months, it hosted two important meetings at the Dead Sea, one in January and another in April, with the World Economic Forum. The king issues loosely positive statements, but it is clear Jordan is concerned. Foreign Minister Ayman Safadi pushed back against Oman’s statements that appeared to express sympathy with Israel, which has been reaching out to the Gulf states. Even though Israel has a peace treaty with Jordan, its relations are relatively cold. Jordan ended an agreement in October 2018 regarding two areas that Israel was allowed to use after the 1994 peace deal. One of these was the “Island of Peace” on the Jordan River. Is that symbolic of an end of the time of peace? It may be something more. Jordan is not happy with changes in the status quo in Jerusalem. As guardian of the Muslim and Christian holy sites, it doesn’t want any tensions, such as those over a new mosque at the Gate of Mercy. Jordanian posters frequently spotlight the king and al-Aqsa Mosque; Jordan cares deeply about this role. Jordan still cares about the two-state solution and continues to push for it. It is very worried about any annexation plans Prime Minister Benjamin Netanyahu might have. It doesn’t want to see a Trump roll-out of a peace plan or “deal of the century” that would upset the status quo. It also knows that the Palestinian Authority faces troubles. The PA is divided, with Hamas in Gaza. The PA security forces also now lack US financial support, part of the overall Trump administration withdrawal of support from UNRWA and the PA. Jordan must shoulder the burden to some extent, and it is aware of the importance of well-funded security forces. Its own security forces have a close relationship with the West and have benefited from support. It is that support and Jordan’s own deep investment in security that has cracked the terror cells and ISIS supporters, like those on trial for the Salt bombing. Sitting at this crossroads of so many delicate issues – from the refugees, to the Palestinian Authority and the peace process – Jordan wants to see a new dawn of regional security, involving the Gulf states, Egypt, the PA, and potentially Israel and Syria. But that can’t happen if the boat is rocked by any kind of peace plan that harms Jordan’s interests or sees Israel annexing parts of the West Bank. Jerusalem and Amman are less than a two-hour drive from one another. The countries both owe much of how they look today to decisions of the 1940s. They are keys to regional security. But they do not see eye-to-eye on many of the details that will determine whether Jordan remains stable and continues to play the role in wants in the region. Do Israeli tourists really visit Jordan? Israelis can and do visit Jordan – in not insignificant numbers. According to data provided by the Israel Tourism Ministry, 85,792 Israelis entered the kingdom in 2017, the last year data was available. There are three border crossings into Jordan: the northernmost Sheikh Hussein crossing; the Allenby/King Hussein crossing; and the Wadi Arava crossing near Eilat, which is the least problematic and easiest for Israelis to use, as it does not require traveling through PA Authority territory. One should allot at least an hour to cross the border. It is also possible to fly into Amman from the Ben-Gurion airport. Geographically, Jordan’s area (89,000+ square kilometers) is more than four times larger than that of Israel, yet nearly all Israeli tourism is concentrated in two sites in Jordan’s southwest region: Aqaba, located right across the border from Eilat, and Petra, about 135 km. to the north. According to Mark Feldman, CEO and founder of Ziontours, Petra is probably Jordan’s top tourist site, famous for its legendary magnificent Nabatean ruins. Aqaba is a favorite destination among Israelis for its sun and sand – a touch of the exotic that is foreign, yet nearby, with hotels that are significantly less expensive than their Israeli counterparts. It is believed that Israelis hesitant to visit the Sinai due to terrorism concerns increasingly choose what they feel to be the safer Aqaba alternative. A taxi from Eilat to Aqaba costs about 10 Jordanian dinars (NIS 50); a taxi to Petra costs about 70 dinars, and it is strongly recommended to go there in a group with a guide. Israelis need a visa to cross into Jordan; the cost is about 10 dinars. More than 4 decades ago, a theologian, philosopher, apologist and prophet wrote two books (How Should We Then Live; and Christian Manifesto) that clearly warned us that America would likely come under the strong influence of what he called “Elite Authoritarians.” It is incumbent upon us to be alert to what this group has the ability to do, and what influence they may already have upon our culture, values, and beliefs. And even more, this could negatively impact how American citizens see Israel, the Jewish people, and the Middle East situation. Government Career Politicians and Executives. (akin to our current Deep State). The political party professionals who truly run Washington, and who consider themselves as “keepers of the flame.” Recent examples of career federal executives in our Justice Department who clearly overstepped their responsibilities by attempting to de-rail an elected Chief Executive are instructive. Scholars and Scientists who have achieved celebrity-status, and who have now become so powerful and authoritarian that they can destroy fellow scientists merely by labeling them as “deniers” rather than skeptics. The authoritarian atmosphere within many of our higher education institutions has become the very antithesis of what they proudly claim, i.e., a free discussion of ideas. Technocratic Elites. Again, this was predicted long before our current age of computers, and the evolution of social media platforms. These are the high-profile technology executives who have such a powerful impact on our society today…for better and for worse. This group has become more influential in our society each and every year, and their values and decisions have certainly shaped our culture. They have also demonstrated authoritarian characteristics in the way they control what should and shouldn’t be seen on the internet. They have complete control over what appears on our search engines, and in their internet news reports. Judicial Elites. This unelected, politically-appointed group has shown their authoritarian stripes by taking an increasing role in thwarting certain decisions made by the country’s Chief Executive. Over the past year, there have been numerous instances that show an authoritarian-type of hostile judicial behavior. This increasing power of federal judges has become such a strong force that it can only be overturned by the Supreme Court judges. What impact can these Elite Authoritarians have on U.S. foreign policy? Authoritarian behavior is often displayed through aggressive behavior, cynicism, and stereotyping. If this group has a mind-set to “turn on you”, to regard you as the enemy, they have enormous resources to influence the thoughts of American citizens. If the Elite Authoritarians were to become cynical about the U.S.- Israeli historical partnership, it would mean the long-standing support for Israel could easily become fractured. The EAs would find opportunities to chip away at the strong foundation, and eventually create an atmosphere of distrust and non-support for Israel and its future. Within the past 30 days, among members of the U.S. Congress, we have already seen such a chipping away, and an unwillingness among the Washington, D.C.-based Elite Authoritarians to respond in ways they would clearly have done in the past. What did Dr. Schaeffer fear? He most feared “the manipulation by the new elite.” The current Administration has taken on the Elite Authoritarian establishment, and the resulting counter-attacks are clearly meant to stifle any objections to the EA’s long-term plans and programs for America. Dr. Schaeffer was prescient, and we should be alert. In a number of places throughout Shir Hashirim in addition to this verse, the “maidens” or “daughters” of Yerushalayim represent the nations of the world (see 1:5, 2:7, 3:5, 5:8, 8:4). The medieval commentator Rashi explains that this is because in the future, Yerushalayim will be the metropolis of all countries, and all people will accept its centrality. Though the nations of the world will one day accept Yerushalayim as their political and religious capital, the Jewish people have always seen it as their eternal capital, providing inspiration and the means for fulfilling their spiritual needs even when they were in exile.

2019-04-24T10:17:52Z

https://operationexodususa.org/aggregator/sources/3

The Good: The continued program followed by Volunteers in Pittwater to maintain and restore local Bush Reserves. The Bad: The plan to do Seismic Testing during Whale Migrations North and South by a W.A. Mining Company. The Ugly: The polluting of the Caley Wetlands by Adani from its Abbott Point facility and the continued Australian Government support of the world's most unpopular proposed coal mine in the Galilee Basin, including pushing around the traditional owners of these sacred lands through changing laws to facilitate this, robbing local farmers of needed water to be put to Adani's use and discussing granting a billion dollar loan to help Adani destroy another part of this place. Realignment of main headings, extension of approved longwalls (LW15-17), development of up three additional longwalls (LW18-20) to the northwest in the Middle Liddell Seam and changes to ancillary surface infrastructure and water management. The Turnbull Government has launched a new $13 million research program to tackle PFAS (per- and poly-fluoroalkyl substances) in the environment. The PFAS Remediation Research Program will support the development of innovative technologies to investigate and remediate PFAS contaminated areas, including soil and other solid contaminated debris, groundwater, waterways and marine systems. The Program will see some of Australia’s leading research minds investigate options to address the highly complex problems PFAS presents. The Turnbull Government asked the Australian Research Council (ARC) to administer a range of research programs that investigate existing and emerging solutions for PFAS removal and disposal and to develop new technologies and processes that can be deployed across the country. developing options and mechanisms through which these effective technologies can be applied in the field. The PFAS Remediation Research Program is funded by the Australian Government through the ARC Special Research Initiatives (SRI) scheme. The ARC SRI scheme provides funding for new and emerging fields of research and builds capacity in strategically important areas. The objective of the SRI scheme is to support high-quality research, which will assist in advancing Australia’s research excellence to be globally competitive and deliver benefits to the community. To date the Government has invested over $100 million in responding to PFAS contamination, including investigations, community support, remediation and research. The Program builds on the Turnbull Government’s investment of more than $100 million in responding to PFAS contamination, including investigations, community support, remediation and research. The first selection round of the PFAS Remediation Research Program will be open to eligible Administering Organisations from December 2017 to February 2018, inviting grant applications for between $50,000 to $1 million per year, for one to three years. For more information about the PFAS Remediation Research Program please visit the ARC website. Last workshop for the year at SewCraftCook for the year - passed. Huge thanks to Kate for providing such an amazing and creative space for us to make the bags and store our "bits". And a huge thanks to all those who have volunteered making bags, stamping bags, screen printing, cutting, ironing, folding, providing yummy treats, making cups of tea and for all the laughs, chats and good times. Without you we wouldn't be the team that we are. On that note, dear sewers - if any of you, including the "at home" sewers need more fabric during the break, please contact Robyn via this email and she'll arrange it - the cupboards are bulging. Return to our regular workshops from 11am - 4pm. Come for a hour or two or come for the day. SewCraftCook 20/14 Polo Ave, Mona Vale. In the 2017/18 financial year Council has allocated $40,000 to progress restoration works and employed a local bushland restoration company which specialises in wetland management. The work that has been programmed to be completed over the next 12 months includes the prioritisation of aquatic weeds such as Ludwigia peruvia and Alligator weed, a continued reduction in the extent of Coral trees, and the ongoing maintenance of previously worked areas. This will include a focus on weeds visible from the boardwalk, walkways, and high profile areas in general. Council is looking at alternative methods of site management. For example Council is investigating the potential of more environmentally friendly herbicides for use in wetlands. Council is also working with a university to map weeds via the use of drones to get a more accurate picture of weed distribution. This information will further assist management decisions on where to prioritise available funding. The NSW Environment Protection Authority (EPA) has fined Sydney Water $30,000 after 238,000 litres of raw sewage was discharged from the North Head Sewage Treatment Plant, near Manly, into the ocean. Penalty notices were issued for breaches of the Protection of the Environment Operations Act: pollution of waters and failure of Sydney Water to comply with the conditions of their licence. Untreated sewage overflowed from the cliff face at North Head for 40mins on the morning of 10 March 2017 during maintenance work at the Sewage Treatment Plant. EPA Regional Director Metropolitan Giselle Howard said the discharge occurred despite detection by an automated alert system of an imminent overflow and multiple warning alarms. “Untreated sewage can have environmental impacts in marine systems. While the environmental impacts in this case were not severe, the overflow was large and preventable,” Ms Howard said. Sydney Water is implementing strategies to prevent a recurrence including revised plans for how maintenance activities are to be handled for future works. The maximum court-related penalty for a company for water pollution is $1,000,000 and a further $120,000 for each day the offence continues. Penalty notices are one of a number of tools the EPA can use to achieve environmental compliance including formal warnings, official cautions, licence conditions, notices and directions and prosecutions. For more information about the EPA’s regulatory tools, see the EPA Compliance Policy http://www.epa.nsw.gov.au/legislation/prosguid.htm. National Parks and Wildlife Service (NPWS) and Surf Life Saving NSW (SLSNSW) are reminding park visitors to take care when venturing out into coastal areas this summer particularly when near cliff edges and ocean rock platforms, including Figure Eight Pools (Royal National Park). NPWS Area Manager Shaun Elwood said this safety message is timely, as the weather warms up and we head into the busy peak summer season. "We've teamed up with Surf Life Saving NSW to urge park visitors to stay safe when visiting coastal areas by following warning signs and safety alerts issued by authorities," Mr Elwood said. "NSW's coastline is vast, stretching over 2000 plus kilometres, with many cliff top walking tracks found within coastal national parks. "Most visitors to coastal parks have a healthy respect for coastline safety and will stay on designated pathways and adhere to warning signs and barriers restricting access. "We can't stress enough how important it is for park visitors to stop taking unnecessary risks near cliff lines," Mr Elwood said. Surf Life Saving NSW said if you're planning on visiting a coastal area, particularly a rock platform such as Figure Eight Pools, it's important to follow ocean safety advice from authorities before stepping out onto the rock shelf. "Rock platforms are natural areas exposed to the elements and inherently dangerous and unpredictable, particularly rock shelves that are open to the ocean," said Lifesaving Manager Matt du Plessis. "If conditions on the day are safe to visit Figure Eight Pools, and once you are on the rock platform, stay alert and never turn your back on the ocean as large waves can crash across the platform even at low tide," Mr du Plessis said. Mr Elwood said before visiting Figure Eight Pools, check the NPWS safety alerts issued daily as they advise when it's too dangerous to visit the pools due to dangerous swell conditions. "Before you travel, check the Figure Eight Pools safety website to review the safety checklist, to know that you need to pack things like a small first aid kit and 2 litres of water per person and to decide if you are capable of walking the challenging 6km return hike to the site. "It's important park visitors check ocean conditions and the weather and if conditions aren't right to visit the pools safely, don't risk it, go another day. "We want people to enjoy our stunning coastal parks but please don't risk your safety. Stay on designated pathways, abide by warning signs and safety alerts and always check ocean conditions before climbing onto rock ledges," Mr Elwood said. The Clean Energy Regulator (CER) has today released results of its successful sixth auction leaving more than $265 million in the Emissions Reduction Fund (ERF) to purchase further abatement to help reduce emissions and meet our international targets. In line with market expectation, the CER awarded 26 contracts for 7.95 million tonnes of abatement at an average price per tonne of $13.08. Total abatement contracted under the ERF is now 191 million tonnes, with the average price per tonne across all six auctions at $11.90. As foreshadowed ahead of the auction by the CER, the value of contracts was lower than previous auctions reflecting a maturing market. The CER public estimate for the total value of contacts for the sixth auction was between $75 million and $150 million, with the total amount for the auction coming it at $104 million. The ERF is in stark contrast to Labor's $15.4 billion carbon tax, which increased power prices for households and businesses with little emissions reduction to show. Results from this latest auction will help ensure we meet our 2020 emissions reduction target, which we are currently on track to beat by 224 million tonnes. It will also help to meet our 2030 target. The ERF offers a broad range of opportunities for business, farmers and others to reduce emissions right across the economy. Projects also generate income and employment, including for rural and Indigenous communities, and improve biodiversity. The ERF is reducing emissions by storing carbon in forests and soils, improving energy efficiency, fuel switching and capturing methane from landfills. The chance to run holiday accommodation in the lighthouse keeper's cottages at Smoky Cape and Sugarloaf Point on the NSW Mid North coast will be closing at 10am on 12 February 2018. Office of Environment and Heritage (OEH) Director Assets Activation, Stuart Schramm, said expressions of interest (EOI) are being sought from suitably qualified operators to manage the state heritage significant site as holiday accommodation. "This includes the historic heritage lighthouse property precincts consisting of multiple cottages, ancillary buildings and surrounding lands at Sugarloaf Point and Smoky Cape," Mr Schramm said. "We are seeking proposals from private operators to lease and manage the lighthouse keeper's cottages as short term, public holiday accommodation at Smoky Cape, Hat Head National Park, Sugarloaf Point and Myall Lakes National Park. "This can be either a separate or combined opportunity and five-year lease with a five-year option being offered. "The EOI provides private operators with the opportunity to put forward proposals for how they would operate the sites under a lease agreement with the NSW National Parks and Wildlife Service. "The EOI is due to the expiration of the current contracts, and the NSW Government's commitment to fair and equitable access to leasing opportunities means the leases must be put out to market on a regular basis. "The current operator is welcome to submit a response to this EOI in the same way as any other entity," Mr Schramm said. The EOI process closes at 10am on 12 February 2018. For further information, visitwww.environment.gov.au/heritage/places/nominating-heritage-place orwww.environment.gov.au/heritage/ahc/publications/ask-first-guide-respecting-indigenous-heritage-places-and-values. The Australian Magpie has been officially voted Australia’s Bird of the Year, having won the Guardian/BirdLife Australia ‘Bird of the Year’ poll, scoring nearly 20,000 of the 149,000 votes cast. Runner up was the early leader, the often-maligned Australian White Ibis, with just over 19,000 votes. Although the White Ibis leapt out to an early lead, and looked to be a runaway winner with just a few days to go, late votes for the magpie accumulated steadily in the latter stages of the poll, and this momentum was enough to see it win comfortably. Magpies have long been a favourite with Australians, many of whom enjoy their rich, carolling songs. Further, magpies often become rather tame when people feed them in their back yards and gardens, providing a genuine link between people and their local birdlife. The only time when magpies are not so popular is during the spring nesting season, when the birds sometimes swoop passersby to protect their nestlings. White Ibis, on the other hand, are seldom spoken about in positive terms, at least in built-up areas. In rural districts, they are sometimes referred to as ‘the farmer’s friend’, as they eke out a living eating all sorts of agricultural pests. However, now that they’ve become familiar residents in many of Australia’s major cities, their habit of scavenging scraps and annoying alfresco diners has not endeared them to many people. How can we explain their unexpectedly high vote? It appears to have been a ‘Boaty McBoatface’ moment, with many people voting for the bird in an effort to be ‘ironic’. Behind the White Ibis were the perennially popular Laughing Kookaburra, Tawny Frogmouth and Superb Fairy-wren. Australian Magpie, Australian Ibis and Kookaburra photos by A J Guesdon - taken in Pittwater. The arrival of a single Black-backed Oriole bird in rural Pennsylvania – 5000 kilometres from its usual home in Mexico – was worth an estimated $US223,851 to the economy from bird watchers flocking to see it. The study, by a UNSW Sydney-led team, is the first to quantify the economic impact of a vagrant bird – a species observed outside its normal geographic range. “More than 1800 birders from all over the Unites States and parts of Canada came to see the Black-backed Oriole, which was first spotted in a suburban backyard on 26 January 2017,” says study first author and UNSW Science PhD candidate Corey Callaghan. The study, by researchers from UNSW, the Australian Museum, Charles Sturt University and the Royal Botanic Gardens in Sydney, is published in the journal Human Dimensions of Wildlife. “There is sometimes a mixed perception of the role biodiversity plays in our economy,” says study senior author Professor Richard Kingsford, Director of the UNSW Centre for Ecosystem Science. The 2017 appearance of the Black-backed Oriole in a backyard bird feeder in rural Berks County in Pennsylvania was only the second time this species had been recorded as visiting the US. The researchers examined a log book of visitors kept by the home owners, and surveyed the tourists about their travel costs, to estimate the economic value of the event. “I’ve always wondered how much money is generated by this unique and unpredictable part of birding – vagrant bird chasing – given the number of people who sometimes travel long distances to see an individual bird outside its normal range,” says Mr Callaghan, who is himself a keen birder. Watching birds is big business in the United States, Australia and around the world. According to the United States Fish and Wildlife Service,up to $40 billion dollars per year is spent on watching birds in the US. Ultimately, all birds depend on their habitats and so the benefits to the economy from bird watching need to be balanced against environmental threats that destroy their habitats, such as land clearing. There is a need to have thorough economic assessments of developments, given the value to the economy from passive bird watching, the researchers say. A University of Queensland study has found that since feral red foxes were controlled in the 1980s, there has been an increase in the number goanna raids on loggerhead turtle nests at Wreck Rock beach, south of Agnes Waters. UQ School of Biological Sciences researchers PhD student Juan Lei and Dr David Booth observed -- with the assistance of Turtle Care Queensland Inc volunteers and camera traps -- that the predators disturb up to 400 nests at the beach in one year. "We discovered that only large male yellow-spotted goannas dug open sea turtle nests, but once the nest was opened other lizards, such as lace monitors and smaller yellow-spotted goannas, raided them," Dr Booth said. "We had expected most nests would be discovered within one or two days of being constructed because of the visual and scent cues left behind by the female turtle. "But what we found was the likelihood of a turtle nest being opened by a goanna wasn't related to the nest age or even the presence of ghost crabs, which disturb nests by burrowing and potentially releasing those smells that attract a goanna's attention. "So we still don't know the mechanism by which goannas discover and attack sea turtle nests that are several weeks into the incubation period." Dr Booth said studying the relationships between predators and prey, and the interactions between different predators that hunt the same prey, were important in ecological research. "One predator species may provide the cue signalling the location of prey to the other predator species, particularly when food sources become sparse," he said. The study, supported by a Nest to Oceans Turtle Protection Program grant, is published in Austral Ecology. Maps of the world's most important wilderness areas are now freely available online following a University of Queensland and Wildlife Conservation Society-led study published today. "These ecosystems play a key role in regulating local climates, sequestering and storing large amounts of carbon and supporting many of the world's most culturally diverse -- but politically and economically marginalized communities," Allan said. "Despite their importance, wilderness areas are being destroyed at an alarming rate and need urgent protection with almost 10 per cent being lost since the early 1990s. Their conservation is a global priority," Allan said. Said Watson: "Environmental policy almost completely ignored wilderness conservation but this has to change. National governments and multilateral environmental agreements such as the World Heritage convention need to step up and protect wilderness before it is too late." "I think this puts our approach ahead of all other fusion energy technologies," said Hora, who predicted in the 1970s that fusing hydrogen and boron might be possible without the need for thermal equilibrium. Rather than heat fuel to the temperature of the Sun using massive, high-strength magnets to control superhot plasmas inside a doughnut-shaped toroidal chamber (as in NIF and ITER), hydrogen-boron fusion is achieved using two powerful lasers in rapid bursts, which apply precise non-linear forces to compress the nuclei together. Hydrogen-boron fusion produces no neutrons and, therefore, no radioactivity in its primary reaction. And unlike most other sources of power production -- like coal, gas and nuclear, which rely on heating liquids like water to drive turbines -- the energy generated by hydrogen-boron fusion converts directly into electricity. But the downside has always been that this needs much higher temperatures and densities -- almost 3 billion degrees Celsius, or 200 times hotter than the core of the Sun. However, dramatic advances in laser technology are close to making the two-laser approach feasible, and a spate of recent experiments around the world indicate that an 'avalanche' fusion reaction could be triggered in the trillionth-of-a-second blast from a petawatt-scale laser pulse, whose fleeting bursts pack a quadrillion watts of power. If scientists could exploit this avalanche, Hora said, a breakthrough in proton-boron fusion was imminent. "It is a most exciting thing to see these reactions confirmed in recent experiments and simulations," said Hora, an emeritus professor of theoretical physics at UNSW. "Not just because it proves some of my earlier theoretical work, but they have also measured the laser-initiated chain reaction to create one billion-fold higher energy output than predicted under thermal equilibrium conditions." Together with 10 colleagues in six nations -- including from Israel's Soreq Nuclear Research Centre and the University of California, Berkeley -- Hora describes a roadmap for the development of hydrogen-boron fusion based on his design, bringing together recent breakthroughs and detailing what further research is needed to make the reactor a reality. An Australian spin-off company, HB11 Energy, holds the patents for Hora's process. "If the next few years of research don't uncover any major engineering hurdles, we could have prototype reactor within a decade," said Warren McKenzie, managing director of HB11. "From an engineering perspective, our approach will be a much simpler project because the fuels and waste are safe, the reactor won't need a heat exchanger and steam turbine generator, and the lasers we need can be bought off the shelf," he added. National Parks and Wildlife Service area manager Jaymie Norris says the Wild Deserts project is contributing to the NSW Government’s Saving our Species conservation program (SOS). “The aim of this project is to return mammal species not seen in their natural habitat for over 90 years in Sturt National Park,” he says. “Rabbits, cats and foxes will be eradicated from two 20-square-kilometre fenced exclosures in Sturt National Park, before locally extinct mammals are reintroduced. The thin edge of the wedge has arrived in Whitemore, Tasmania. Got a letter in the mail the other day from the international seed company, Bejo, asking me not to save my own vegetable seeds – specifically beetroot and silver beet. What the sh*t? Bejo say that they are growing beetroots for seed somewhere in Tasmania – they say not where. Apparently these plants produce pollen which can spread by wind for up to 10 km and the seeds that I save in my garden (I currently have one plant being saved for seed) could stuff things up for them by cross pollinating with their plants. It seems that I could possibly, single-handedly with my one plant, destroy an industry worth millions. Well best of luck with that one. I am currently trying to word a letter that tells Bejo to basically go and get stuffed. I don’t know much about Bejo but they seem to have a whiff of Monsanto about them. Apparently Bejo are part of the Dutch company Bejo Zaden. There also seems to be some information that their head office is actually in USA so it is hard to tell. They are a private company and they don’t seem to list their directors or who actually owns the operation (or if they do I can’t find it). They claim to be the third biggest vegetable seed company in the world and are active in 30 different countries. According to our ABC rural news department they are moving into Tasmania in a big way because of climate change. They ask “that you please cut off, at ground level, any plants which are presently flowering in your garden”. Ah, well actually, no, I don’t intend to. They didn’t offer to supply me with free vegetable seed by way of compensation and I would also greatly appreciate it they stopped spraying their crops with insecticides that could adversely affect my bees. We were never consulted on this, just being requested to fall into line for the sake of the profits of an extraordinarily wealthy multi-national company - I don’t think so. It is actually a bit hard to tell if Bejo are goodies or baddies because they seem to employee some extraordinarily capable spin doctors – as does Monsanto. They continually throw in impressive (but meaningless) motherhood statements like “we stay close to nature” and “exploring nature never stops”. They also seem to be using the power of association by trying to ride on the back of the organic movement by producing some organic seeds. They don’t say how much. So far I have only come up with one line for my letter of reply, “You are possibly a villain masquerading as one of the good guys”. I may substitute bully for villain - haven’t decided yet. It’s a start. I have attached a photo of myself and my supposedly sinister silver beet plant. This letter has been circulated to households near our seed production areas for more than 20 years, and indeed, it is common practice by all seed producing companies around the world to make this request. It is a kind request from our side in which we merely appeal to the good nature of gardeners – people who share our interest in producing quality seed for quality crops. In Tasmania, our seed production operation is thriving in order to supply commercial growers with quality seed for the global food market. We do not use any GMO products, and currently our focus is on producing quality organic seed for the organic grower. With the growing success each year, we are able to offer more employment opportunities within the local community, and we strive to build relationships with our growers and neighbours. In a world-first, a research team of Australian and international scientists has used data collected by satellites and an ocean model to explain and predict biodiversity on the Antarctic seafloor. The researchers combined satellite images of phytoplankton colour on the sea surface with a suite of connected models of how the microscopic phytoplankton are swept by ocean currents, sink to the seafloor and are then redistributed across it, to accurately predict the extent of seafloor life without the need for extensive physical sampling. The study's lead author, IMAS PhD student Jan Jansen, said the breakthrough, published in the journal Nature Ecology & Evolution, would support better conservation and management of biodiversity in the Antarctic. "For the first time, we are able to predict how much food is available to organisms on the Antarctic sea floor, and therefore how much life is supported across the region," Mr Jansen said. "Scientists have long known that there was a relationship between organic matter on the surface and life on the sea floor. "But until now there hasn't been a reliable model that not only explained the link but also enabled predictions of biodiversity. "Our 'food availability model' brings satellite data and analysis of the rate at which organic matter sinks together with data about fluctuating ocean currents on and above the seafloor. "The model's predictions about how much food there will be in a particular area have been verified by physical sampling of seafloor sediments. "This system of models allows broad scale predictions of seafloor biodiversity over vast regions of the Antarctic continental shelf that were previously hidden, as well as predictions about how climate change will affect the ecosystem. "It will also support better informed decisions about how parts of the ocean can be best managed and conserved in the future," Mr Jansen said. Co-author IMAS Professor Craig Johnson said that while the study was based on a region in eastern Antarctica, the new approach could be used to generate maps of biodiversity across the continental shelf right around the Antarctic continent, including areas where information is currently limited or difficult to collect. "This information would be very valuable and is an exciting prospect," Professor Johnson said. "With further research, this system of models has the potential to provide valuable insights into seafloor biodiversity across other parts of the world's oceans. Professor Johnson said an extraordinarily diverse team of researchers were involved in this study, including earth scientists, physicists, geologists and biologists. The research team included Jan Jansen, Dr Nicole Hill and Professor Craig Johnson from IMAS, and scientists from the Australian Antarctic Division (AAD), CSIRO, ACE CRC, Geoscience Australia, Macquarie University, and research organisations in France and the United States. CSIRO has launched Oceans: Science and Solutions for Australia (Oceans), a book bringing together the latest science to explain the crucial role oceans play in the lives of all Australians. CSIRO Oceans and Atmosphere Director Dr Tony Worby said Australia faced several opportunities and challenges, with three of the world’s four major oceans in its marine estate. "Australia’s oceans cover almost 14 million square kilometres, nearly twice the area of our land, and hold the key to our climate, weather, economy, international security, and social well-being," Dr Worby said. "It is important that we strike a balance between our national economic and resource requirements, while ensuring long term sustainability of our marine estate and this is key research focus for CSIRO and the Australian marine science community. "Our oceans do the heavy lifting with respect to carbon dioxide and heat absorption and their capacity to continue to do these things is one of many areas we are focused on through our climate research. "The effects of ocean warming can be seen already as tropical fish are found further south from warming coastal waters, cold water species decline in some regions, and coral bleaching becomes more frequent. "There has never been a more important time to focus on marine research." Oceans editor and CSIRO Chief Research Scientist Dr Bruce Mapstone said national and international collaboration was essential, with Australia having stewardship of the third largest marine estate in the world and the largest in the Southern Hemisphere. "The book focuses on Australia’s marine estate which includes the Indian, Pacific and Southern Oceans, however many of the topics covered have global relevance because of the interconnectedness of the world’s oceans," Dr Mapstone said. "Collaboration is the only way we can tackle the breadth of marine research Australia and the world need to fully understand our oceans. "Indigenous coastal peoples have had cultural and livelihood connections with Australia’s oceans for thousands of years and their knowledge is extremely valuable. "Importantly, this book takes complex and detailed research and translates it into clear English that can be understood by policy makers and just as importantly students, some of whom are Australia’s future marine scientists." Oceans: Science and Solutions for Australia has been authored by scientists from CSIRO and other Australian research agencies and is available for free download: Oceans [PDF 21.5MB] or to order a hardcopy through CSIRO Publishing visit: Oceans. In the Alor Island find, two different types of fish-hooks were buried -- a J-Shaped hook and four circular rotating hooks fashioned from the shell of a species of sea-snail. Nine out of 10 adults now live in smoke-free homes thanks to better support in helping people quit, according to the NSW Tobacco Snapshot 2017. NSW Health’s Executive Director of Population Health Dr Jo Mitchell said the NSW Government’s efforts to curb smoking, the leading cause of disease and premature death across the state, are working. The NSW Government has invested $4.4 million in the 2017-18 State Budget into services that target chronic health issues, including tobacco control, and $1.8 million into the Cancer Institute NSW’s Quitline and iCanQuit services. “Smoking is a dangerous habit, not just to smokers but those around them, and we are committed to reducing its impact on our lives,” Dr Mitchell said. “That’s why I’m pleased to see our efforts result in a continued drop in smoking across NSW, from around 20 per cent in 2007 down to 15 per cent in 2016. Importantly, we’ve also seen the smoking rate in Aboriginal populations drop from around 43 per cent in 2008 to 40 per cent in 2016, but we would like to see this rate fall much further. NSW Health is investing in a number of grants and programs that target Aboriginal and multicultural communities. “Enforcement and tough laws have also played a key role in these results, with more than 3,200 tobacco retailers inspected from July 2016 to June 2017,” Dr Mitchell said. During more than 2,200 inspections of smoke-free outdoor areas conducted between July 2016 and June 2017, 99 per cent of people in those areas complied with tough anti-smoking laws. Businesses are also complying with laws at a consistently high level. Of the 900 tobacco retailers inspected in the same period, 94 per cent complied with laws restricting tobacco sales to minors. NSW Health will continue to explore more ways to reduce smoking rates. Schools across NSW will benefit from a $110 million maintenance blitz over the summer holidays so students can return to refreshed buildings for the new school year, Premier Gladys Berejiklian and Education Minister Rob Stokes announced today. Mr Stokes said this investment is another example of the Government’s commitment to public education and on delivering local infrastructure across NSW. The NSW Government also announced as part of its 2017-18 Budget a record $4.2 billion over the next four years on capital expenditure to cater for rising enrolments. This represented a 61 per cent increase on the previous year’s capital program. Christmas is a time of feasting for our 2-legged family members but care needs to be taken with our 4-legged friends. Your dog is relying on you to decide what foods are naughty or nice. Staff at the Sydney School of Veterinary Science are providing a reminder to be pet-food aware over the holiday season. Find out what festive treats your dog should never eat. Australia’s women’s football team the Matildas and superstar striker Sam Kerr were the big winners with fans at the AIS Sport Performance Awards in Sydney tonight. Proving the soaring popularity of the Matildas, Australian sport fans also voted them Public Choice Team of the Year ahead of NRL premiers the Melbourne Storm, AFL champions the Richmond Tigers and the Australian Diamonds netball team. The online poll, run in partnership between the AIS and ABC Grandstand, attracted almost 19,000 votes from fans. Completing a trifecta of awards for the Matildas, Alen Stajcic was recognised by an AIS panel of experts as Coach of the Year. The Matildas were finalists in six award categories, including Best Sporting Moment of the Year for their historic victory at the Tournament of Nations. The Best Sporting Moment, voted on by national media, was taken out by world champion boxer Jeff Horn for his underdog victory against Manny Pacquiao. Australia’s form is building ahead of the Winter Olympic and Paralympic Games in South Korea next year, winter sports taking out three major awards. World champion snowboarder Scott James claimed Male Athlete of the Year and Australian Freestyle Skiing and Snowboard was named Team of the Year after a record-breaking 2016-17 season. Alpine skier Mitchell Gourley produced Para Performance of the Year with a world championship victory. Olympic gold medalist and hurdler Sally Pearson (pictured at the awards, above) was named Female Athlete of the Year for her inspirational world championship victory in the 100m hurdles in London. Young track cyclist Kelland O’Brien was named Emerging Athlete of the Year as a prominent member of Australia’s Men’s Track Pursuit team. The inaugural AFL Women’s competition was another major milestone for women’s sport in 2017 and Susan Alberti was presented with the Award for Leadership for her vision and influence in driving the competition’s launch. President of the Australian Paralympic Committee Glenn Tasker was honoured for his long Service to Sport, particularly his dedication to increasing opportunity for athletes with a disability. Today I announce a number of appointments to the federal courts, bringing a wealth of experience across a range of practice areas to the Federal Court of Australia, the Family Court of Australia and Federal Circuit Court of Australia. On behalf of the Government, I congratulate all new federal court judges on their appointments and thank them for their willingness to serve the people of Australia. I wish each of them well in their judicial service. The Chief Judge of the Federal Circuit Court of Australia, the Hon William Alstergren, has also been appointed Deputy Chief Justice of the Family Court. He will continue to hold a dual commission as Chief Judge of the Federal Circuit Court. Chief Judge Alstergren completed a Bachelor of Arts and a Bachelor of Laws from the University of Melbourne in 1989. He practised as a barrister in Melbourne from 1991, and took silk in 2012. During this time he was also elected President of the Australian Bar Association and Chairman of the Victorian Bar. The Hon Justice Katrina Banks-Smith and Mr Craig Colvin SC will commence in the Perth Registry on 12 and 13 February 2018, respectively. The Hon Justice Katrina Banks-Smith is currently a Judge of the Supreme Court of Western Australia. She completed a Bachelor of Laws at the University of Tasmania in 1988 and a Master of Laws from Cambridge in 1993. Her Honour signed the Bar Roll in 2009 and was appointed as Senior Counsel in 2013. Mr Colvin completed a Bachelor of Jurisprudence in 1982 and a Bachelor of Laws in 1983 at the University of Western Australia. He signed the Bar Roll in 1995 and was appointed as Senior Counsel in 2001. He is widely regarded as one of the leaders of the Perth Bar. Mr Colvin’s principal areas of practice include administrative law, competition law, mining and petroleum, corporations law, equity and property. Mr Thomas Thawley SC will commence in the Sydney Registry on 14 February 2018. Mr Thawley completed a Bachelor of Laws and Bachelor of Arts at the Australian National University in 1995 and a Master of Laws at the University of Sydney in 2015. He signed the Bar Roll in 1998 and was appointed as Senior Counsel in 2012. He is a leading commercial silk, specialising in revenue law. Mr Thawley’s principal areas of practice include banking and financial services, bankruptcy and insolvency, commercial law, taxation and revenue, equity, trusts, administrative law and corporations law. Judge Michael Baumann, who is currently a Judge of the Federal Circuit Court, has been promoted to the position of Judge at the Family Court, based in Brisbane. Judge Baumann was admitted to practice in the Supreme Court of Queensland in 1979 after completing Articles at the Solicitors Board Queensland. He completed a Master of Laws from the Queensland University of Technology in 2000. Dr Christopher Kendall will commence in the Perth Registry on 29 January 2018. Dr Kendall completed a Bachelor of Arts (Political Studies) (Honours) in 1988 and a Bachelor of Laws in 1991 from Queen’s University, Ontario, Canada. He signed the Bar Roll in Australia in 2001 and completed his Doctorate of Law at the University of Michigan that same year. Dr Kendall was appointed the Deputy President of the Administrative Appeals Tribunal in 2015. Dr Kendall’s principal areas of practice include administrative law, intellectual property law, trade practices law, immigration law, and constitutional law. Ms Caroline Kirton QC will commence in the Melbourne Registry on 29 January 2018. Ms Kirton completed a Bachelor of Arts (Honours) and Bachelor of Laws in 1986 from the University of Melbourne, and a Master of Law from Monash University in 1994. She commenced as a barrister in 1990 and was appointed Senior Counsel in 2011. Ms Kirton’s principal areas of practice include family law, construction law, arbitration, criminal law, property law, banking and finance law, equity and trusts, trade practices law and commercial litigation. Ms Julia Baird SC will commence in the Sydney Registry on 20 February 2018. Ms Baird completed a Bachelor of Arts in 1981 and Bachelor of Laws (Honours) in 1983 from the University of Sydney. Ms Baird commenced as a barrister in 1992 and was appointed Senior Counsel in 2008. Ms Baird’s principal areas of practice include commercial law, competition and consumer law, trade practices law, contract law, equity and intellectual property law. Mr Gregory Egan will commence in the Brisbane Registry on 18 December 2017. Mr Egan completed a Bachelor of Laws from the University of Queensland in 1980 and signed the Bar Roll in 1984. He has had an extensive practice at the Bar in both Queensland and New Guinea, where he has appeared as Counsel in many significant constitutional cases. He has also appeared in court martial proceedings in his capacity as a Commissioned Officer in the Royal Australian Air Force. Mr Egan’s principal areas of practice include commercial law, maritime law, mining and mineral exploration and company law. I also announce the appointment of Ms Philippa Lynch PSM as the Chief Executive and Principal Registrar of the High Court of Australia. Ms Lynch is currently the First Assistant Secretary of Government Division in the Department of the Prime Minister and Cabinet. Her term is for five years and commences on 10 February 2018. ​Stay cool and hydrated is the message from NSW Health today, as the first heatwave for summer is set to sweep through much of the state. Dr Ben Scalley, Director of Environmental Health, said temperatures are forecast to hit the high thirties and low forties throughout NSW, so it was important people took precautions to prevent heat-related illnesses. A NSW Health study published this year found extreme heatwaves lead to a more than 10 per cent increase in both deaths and ambulance callouts. “People can be unprepared for the first heat spike of summer, so we are reminding them to take safety measures against the effects of overheating and sun exposure,” Dr Scalley said. “It’s important people keep up their water intake, stay cool and avoid strenuous physical activity in the heat of the day. Signs of heat-related illness may include nausea, vomiting, faintness and dizziness, loss of appetite, weakness, headaches, loss of sweating and reduced urine output. People showing severe signs of heat-related illness should seek urgent medical attention through their GP or the emergency department at their nearest hospital. “Some groups of people are mostly vulnerable to heat-related illnesses, including older people, infants and children, people with a chronic medical condition and those who live alone,” Dr Scalley said. More information can be found at the NSW Health website Beat the heat. The ABC will stage its first Annual Public Meeting on 9 February, 2018, giving the community an opportunity to hear how the ABC is adapting to the future and delivering value for all Australians. The public are invited to register their interest in attending this important event to learn about ABC strategy and to pose questions to the ABC Board and Leadership Team. The national broadcaster will ensure that all Australians get a chance to participate via a live stream online. The central hub will be one of the ABC’s television studios in Sydney, with live crosses to community events in Rockhampton in Queensland and Launceston in Tasmania. ABC Chairman, Justin Milne, said the public meeting would provide a way for the ABC to demonstrate accountability and inform the community about its strategic direction in a similar way that companies do with their annual meetings. “I think this is an important innovation for the ABC. The Board is aware of the many challenges that confront the national broadcaster in the new digital landscape and it is important that we have a meaningful conversation with our audiences about the journey we are on,” Mr Milne said. Australians are being encouraged to use the forum to ask questions of the ABC Board and management. Those interested can submit their questions online, ahead of the meeting. Mr Milne said the ABC will demonstrate that in a time of unprecedented disruption in the media sector, its role in informing, entertaining and educating the community is more important than ever. For more information about how to register for the live stream, studio event or regional events please visit http://about.abc.net.au/APM. Tasmania's status as a national leader in forestry practices and innovation has been further cemented with the official launch of a new National Institute for Forest Products Innovation hub in Launceston today. Australian white ibis - loved or loathed as Sydney's 'bin chicken' - prefer acarbohydrate-rich diet in their adopted urban environment. “Urban Australian white ibis seem to be taking advantage of the abundance of high-carb human foods available in the city,” Mr Coogan said. 9. Coffee + nap = zip! Associate Professor Chin Moi Chow has been reviewing the relationship between sleep and caffeine and says that combining the two can give people an extra zing during the day. She says that while coffee naps will power you for a couple of hours, they’re not the best way to pay back your sleep debt. An Australian-made tapestry created to hang in the Sir John Monash Centre in France was cut from its loom today. The Morning Star tapestry was designed by prominent Australian war artists Lyndell Brown and Charles Green and depicts winter dawn light illuminating a pathway through eucalypt trees and bush towards sunlight, with inset images of young soldiers departing for war. The tapestry took close to 4,000 weaving hours to complete, with wool sourced from sustainable producers in Australia. It will be permanently displayed in the Sir John Monash Centre, which opens in Villers-Bretonneux, France in April 2018. Minister for Veterans’ Affairs Dan Tehan said the tapestry was a moving tribute to the men and women who served on the Western Front. “The Morning Star tapestry is a powerful tribute to the brave Anzacs who fought on the Western Front battlefields of the First World War,” Mr Tehan said. Minister for the Arts Mitch Fifield said the Morning Star tapestry was one of several projects to receive funding through the Anzac Centenary Arts and Culture Fund, which was part of the Australian Government’s national Anzac Centenary program. “The Anzac Centenary Arts and Culture Fund is providing $4 million over four years for arts and culture projects that contribute to the Anzac legacy,” Mr Fifield said. The Sir John Monash Centre will be the focal point of the Australian Remembrance Trail along the Western Front, which links First World War sites of significance to Australia, including museums, battlefields, memorials and cemeteries. Entry to the Centre is free, and bookings are strongly encouraged for peak periods around Anzac Day, the Centenary of the Battle of Hamel and Remembrance Day 2018. For more information visit the Sir John Monash Centre website. This tapestry seeks to evoke the experience of arrival at a war, and in particular of Australians at the Western Front. With them on their arrival were their memories of Australia and their departure from home. These are the subjects of the tapestry. This tapestry aims to evoke the soldiers’ pathway from home to the Front, and emphasizes the incongruity between the Australia that they imagined as they journeyed further and further towards the Front. Just as the Centre provides both Australian and non-Australian visitors with an understanding of the impact of Australia’s involvement on the Western Front through an engagement with the places in which the Australians fought and the experiences of those who were there, so this tapestry aims to communicate to non-Australians and to Australian pilgrims an understanding of the places for which the Australians fought and the imaginary spaces that they carried with them. We know this is the case: Charles Green’s grandfather was one of those WW1 Australian soldiers at the Western Front, badly wounded and invalided on these precise battlefields, and we have his letters to home. It therefore seems to us that it is absolutely essential, first, to evoke a mental place of Australian freedom and clear light; and, second, to evoke the sea-borne passage towards the soldiers’ arrival at the Front. The tapestry emphasises the disjunction between the terrible experiences that the museum describes rather than repeats them. It seems to us very important to present images such as soldiers might have carried in their hearts and imaginations as they arrived at the Western Front. If the Centre had been located in Australia, we would have chosen the reverse, to evoke the Front. There are two personal contexts that we offer to illuminate our work. Charles Green’s grandfather served as an Australian soldier on the Western Front. He was gassed and lived the rest of his life as an invalid, as a deeply disturbed shadow. Although he died decades before Green was born, that WW1 tragedy was very present in his family and especially with his grandmother, by then a war widow. And interestingly, she spoke often about the soldiers’ love of Sir John Monash, describing him to us with great devotion. Second, in 2007 we were Australia’s Official War Artists, deployed into Iraq and Afghanistan for a period longer than any War Artist since the program was reinstituted in 1996, and during those deployments we spent all our time amongst soldiers on active duty, surprised by their complete support for war artists and humbled by their sense of public service. Ever since, our art has been dominated by reflections on the aftermath of war and the survival of the past into the present. The overall image is dawn light during winter illuminating a pathway through eucalypt trees and bush towards sunlight. The inset images are a combination of departures to war by ship from Australia punctuated by visual comments (snaps of these young men, those who were about to enlist). We have deliberately chosen to make these images almost monochromatic—very tonal with a subtle but definite minimum of colour—since it seems to us, counter-intuitive though that seems, that the weavers at ATW have repeatedly demonstrated enormous, subtle virtuosity in translating very tonal images with precise grey ranges into tapestry (we are thinking of the remarkable Brook Andrew and David Noonan commissions of recent years). "As the closest radio galaxy to Earth, Centaurus A is the perfect 'cosmic laboratory' to study the physical processes responsible for moving material and energy away from the galaxy's core," said Dr Ben McKinley from the International Centre for Radio Astronomy Research (ICRAR) and Curtin University in Perth, Western Australia. Centaurus A is 12 million light-years away from Earth -- just down the road in astronomical terms -- and is a popular target for amateur and professional astronomers in the Southern Hemisphere due to its size, elegant dust lanes, and prominent plumes of material. "Being so close to Earth and so big actually makes studying this galaxy a real challenge because most of the telescopes capable of resolving the detail we need for this type of work have fields of view that are smaller than the area of sky Centaurus A takes up," said Dr McKinley. "We used the Murchison Widefield Array (MWA) and Parkes -- these radio telescopes both have large fields of view, allowing them to image a large portion of sky and see all of Centaurus A at once. The MWA also has superb sensitivity allowing the large-scale structure of Centaurus A to be imaged in great detail," he said. The MWA is a low frequency radio telescope located at the Murchison Radio-astronomy Observatory in Western Australia's Mid West, operated by Curtin University on behalf of an international consortium. The Parkes Observatory is 64-metre radio telescope commonly known as "the Dish" located in New South Wales and operated by CSIRO. Observations from several optical telescopes were also used for this work -- the Magellan Telescope in Chile, Terroux Observatory in Canberra, and High View Observatory in Auckland. "If we can figure out what's going in Centaurus A, we can apply this knowledge to our theories and simulations for how galaxies evolve throughout the entire Universe," said co-author Professor Steven Tingay from Curtin University and ICRAR. "As well as the plasma that's fuelling the large plumes of material the galaxy is famous for, we found evidence of a galactic wind that's never been seen -- this is basically a high speed stream of particles moving away from the galaxy's core, taking energy and material with it as it impacts the surrounding environment," he said. The giant radio galaxy Centaurus A from ICRAR on Vimeo.

2019-04-22T06:43:40Z

http://www.pittwateronlinenews.com/Inbox-and-Environment-News-Issue-342.php

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2019-04-20T18:55:20Z

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Four full days have gone by, with little opportunity to record them. They are somewhat of a mixture. Saturday there was Antwerp. It is much different from Brussels. First, though Brussels is a Flemish city, French is the approved language & the most used language in the shops and everywhere. But Antwerp is predominantly Flemish. You see the Dutch-like faces, you see the store signs most all in Flemish and not in the two languages, and you try to talk your pigeon-toed French to some of the people without success, though in most of all shops they understood it. Then, Antwerp is as silent as the grave, beside Brussels; no street hawkers, no great noise, no great gaity. But it is beginning to resurrect. There are the same delightful pastry shops everywhere, that one finds in Brussels, and all the stores seem to be doing a fair business. Antwerp is about an hour's run from here at present. One notes the distinct flatness & dampness as one approaches it; it's as near to Holland as we shall get. Upon arrival a quartermaster officer, whose rank wasn't on his raincoat, attached himself to us - a middleaged man who was formerly a grain merchant from Pittsburgh. I speak of him because he comes into the story later, having caused us both considerable amusement & likewise chagrin. We saw first the zoological gardens for which Antwerp is famous; while the fierce animals were all killed during the early days of the war to prevent their running amuck in case their cages should be broken open by the bombardment, there is still a very fine collection on exhibit - animals & fish from all over the world - even a common eel & perch from America. From there we found our way to the quais. Shipping is Antwerp's life and the traveler must always see its quais. They are very extensive, and must present a very busy appearance when going full blast; of course they have been dead for some years, and are just beginning to come to life again. There has been grass growing on many of them, even, and for a bit of local color, I took a photograph of one grass grown quay, side of which rested an old rusty disused barge, as probably a fair picture of conditions during the occupation. Between many of the quais only barges can go, and there were numerous fleets of them Saturday morning, all in gala attire, with their clotheslines full, for Saturday is wash day. I also have that one on camera. The quais are piled with all sorts of products from all over the world - some with lumber, some with boxed goods, some with grain, - everything. We even found two great sheds in which were piled blocks of Canadian alfalfa tops, compressed by some method similar to baling hay - blocks perhaps 1 1/2 ft square & 3 in. thick. They were something entirely new to all of us, even the grain merchant admitted it. We made our way from the quais to the exquisitely beautiful Cathedral of Notre Dame; I can't describe it, only as I have just qualified it, and as a Gothic structure, with one high tower. Inside there is fine wood carving everywhere, lovely stained glass windows, which are both midiaeval and modern work - and then, as you go down the great nave thru the center, you see what to me is the most beautiful piece of work I have ever seen, the Cathedral's choir. The wood-carving seems like lace work - it is on either side of the passage from the nave to the alter - it seems hard to understand how anything could be made so perfectly. Perhaps it is helped, too, as you view it from the nave, by the Rubens' Assumption of the Virgin over the altar, and then by the whole setting in which you see it. On either side of the choir, practically facing the two aisles are two other great Rubens' pictures, the Elevation of the Cross, and his masterpiece, the Descent from the Cross. Between the two, if you look way up at a dome above, you see another "Assumption of the Virgin" painted thereon, by one of the VanDycks, I think; at any rate, a pupil of Rubens. There is also in this cathedral DaVinci's Head of Christ, painted on marble, from which you get the perfect illusion of having the eyes follow you whichever way you turn. And there are others. The pictures were all kept hidden in the cellar while the Germans were here & our guide took great delight in telling how the Kaiser came to see them, and had to go away without doing it. Oh, yes, and the grain merchant! Well, there were two English officers listening to the same guide with us - that made matters worse. They weren't in hearing distance when he, after looking some time at the Rubens' paintings, opined that the artist "must have been some dauber". But it was directly to them that he said, after seeing the DaVinci, "Let's see, DaVinski, he was an Eye-talian painter, wasn't he? How did his picture ever get up here?"! I was never so ashamed to be with anyone in my life. But we have had a number of laughs over him since. Our acquaintance left us at noon, and in the afternoon Lucian & I visited the Hotel de Ville. It is nothing to look at on the outside, but inside there is some fine woodwork and decorative marble - black, amber, & mixed. The Salle des Neys is a room with historical paintings by the modern painter of that name, and the Salle des Mariages is very interesting by reason of the series of paintings about its walls depicting different forms of marriage ceremonies from the earliest Belgians to the first civil ceremony in 1790. In the burgomaster's office there are over the fireplace the four letters SPQA, which are some Latin inscription, an Antwerpian motto, as nearly as I can make out. At any rate, some Germans during the occupation wanted to know the meaning of those letters, and were told "Sals Prussiens Quittent Anvers" (as nearly as I could get it from the guide) - which is "Dirty Prussians are leaving Antwerp". Thereafter a popular inscription among the Germans. We did no more sight-seeing after the Hotel de Ville, but wandered about Antwerp, thru quaint streets, and all about, in my usual search for local color. A couple of bits on my camera will I hope be interesting. I fear I must leave the other three days till later. Look at that [note - small arrow pointing to the date]! But to continue - We've been covering no little amount of ground. Let's see, it's on a week ago Sunday I must begin. That's the morning the time changed, and we kept figuring out, even arguing it out, that the time changed back not forwards. Thus we missed the music of a high mass at the church of St. Gudule, and were late to an appointment with the Thys'. At any rate we found thereby a delightful little tea room, which has been a favorite haunt for light meals the rest of our stay. We were taken out to Tervueren, an attractive suburb of Brussels, where we saw first a giant Congo museum - filled with exhibits of every sort from the Belgian Congo - products of the country, native handiwork, religious fetishes of every weird kind, dancing masks in grotesque shapes, stuffed animals of the region - a complete Congo exhibit. It was extremely interesting and brought me into almost a new unknown world. Gen. Thys, the now deceased head of the house, and many of the family have had extensive interests in the Congo. For years he was in disfavor with Leopold II because he stood up and told him what he thought of the treatment the natives were receiving. From there we went to the Royal Golf club - I with many misgivings, for I saw no graceful way to get out of playing, and I have played just once before in my life. There was indeed no way out of it, and after adorning ourselves with golf coats instead of our blouses, & neckties over our stocks, and I with a civilian cap - all from the lockers of some absent members of the family - Luty & I essayed forth to risk being seen by a professional or two, and, hardest of all, the scorn & titter of the lordly genus caddy. As it proved, Luty played a good game, but I stumbled erratically thru 18 holes, with no spectators, however, except our caddies, and mine was unusually most condescending. We unfortunately forgot the camera in our rush out in the morning, and shall always regret we couldn't immortalize ourselves in the rigs we had on. It is quite lovely country out there, gently hilly, and with numerous forests of tall straight trees. I find European forests in general kept well, and a rigid conservation policy seems to be maintained in both France & Belgium at least. In the evening we occupied the Thys' box at the opera in the Theatre Royal, where La Boheme was being sung. That was another treat. Monday we had an extensive program which would get us up at 6:00 in the morning & bring us back in the middle of the evening with Waterloo the following day, Liege and Louvaine being the objectives, for I wanted to see something of the area affected in the first onrush of the Germans in 1914. But the tap on our door at 6:00 didn't find us in an up-and-going mood. So we looked at each other about five minutes, then shut the window again, drew the curtains, & knew nothing more till noon. In the middle of the afternoon we went out to Louvain for about an hour's stay. There we saw the great library which was ruthlessly burned by the Germans, and signs of the early days of the war on many other buildings. The Hotel de Ville there is quite different from any others I have seen - a tall building occupying a small area, covered with carved figures in regular rows on the outside, with four rows of little windows in the roof, and with conical spires surrounded at two intervals by a narrow round platform. Luty thought it a blot on the landscape, but I really quite liked it for its uniqueness, and I believe Luty wasn't quite yet over our 6 o'clock feeling. In the evening we ran across an American naval officer in the hotel and chatted for some time with him. He is an attache of the American embassy in London, apparently in service only for the war, for he has been a professor at Columbia - Van Koffen, I think his name was. Sailor Jack we got so we called him, but I don't believe he has ever saw a ship. He's terribly simple-minded and afforded us no little amusement. He had known me exactly one minute when he pushed a book at me and asked me if I had ever read that. It was a volume of war poems by himself! - each one dedicated to some person and the whole dedicated to Josephus Daniels & Lord Northcliffe jointly! Tuesday morning we got up bright and early for Waterloo. Miss Thys wanted to go with us, too, for she hadn't been since she was five years old. I say bright & early, but a drizzling rain greeted us. However the accounts say that the great day at Waterloo started out the same way, so it helped to live over the day. The battlefield is somewhat south of the village of Waterloo - and presents a peaceful rural aspect of turnip and cabbage fields, & pasture ground - except for a small area about the great Lion monument. There are there little restaurants, curio stores, postcard counters, etc. which are grown up for the tourists. The Lion Monument is on a large artificial conical mound of earth, which it takes 225 steps to mount. From it one obtains a splendid view of the entire battlefield & the country thereabouts. I stood in the rain with my maps & guide book and after some study got fairly well oriented & got the rough outlines of the battle worked out in my mind. Then we went down and looked at the great panoramic picture of the battle painted about the inside of the walls of a cylindrical building at the foot of the monument. It helped get the details of the battle in mind some better, and then, while Lou & Miss Thys waited in one of the restaurants & dried out, I tramped all over the battlefield with the camera, got pictures from English & from French positions, tried to reconstruct & live over the great battle of a century ago as nearly as I could put it together from the limited material I had. I fear that the rainy day will prove to have made my pictures impossible, but I hope to be happily disappointed. For think what generations of the American youth may profit thereby in future years! I emerged mud-covered and soaked thru all my water-proofing, only to find that time had run away with me, and that we had to wait an extra three or four hours for a car, which in time entailed absolute impossibility for a projected trip to Bruges the same afternoon, for a day. It was disappointing to miss Bruges but I felt pretty well satisfied with my Waterloo day, & so, compensated. Wednesday we did a bit more shopping in Brussels, took a walk in a hitherto unexplored section of the city on a nice springlike afternoon, had a last afternoon tea in our delightful tea room, then left for our unknown route down thru the front to Toul & Major June. I wanted Verdun most of anything, & it was my chief idea in starting in the direction we did, but, as it proved, we never got there. We left Brussels with almost a pang, for we became very much attached to it, & the life there, particularly by way of contrast to what we must return to here. Wednesday night we only got as far as Namur on our route. We searched in vain for transportation of some sort to get us on to Dinant, because we wanted to get as far on as possible anyway, & because I conceived the fancy that living a night in Dinant, where the Germans waged so much destruction & killed so many innocent persons, and talking to the people there, would be very unique, & it would make so much more vivid to us just what had happened there. [note - in the AEF scrapbook, there is a booklet account of the massacre and burning at Dinant of men, women, and children as a retaliation measure for the villagers welcoming the French Army into the town during a battle in 1914. ] But at Namur we had to stay, not only for the night but all next morning, because at the station itself we were misinformed about the hour of the morning train. However Namur was interesting. It is at the junction of the Sambre & Meuse rivers, on both sides of both rivers. Down at the junction, high land along both valleys meets in a pointed bluff, called the Citadel, for it is elaborately fortified for the defense of the city. We walked all up around the old forts, still sprinkled with useless obsolete cannon, and with elaborate passage-ways, places of refuge, ammunition vaults, and so on. We also had a splendid view up the Meuse valley (south), and it was in that direction we took our train in the afternoon. The Meuse valley is most picturesque particularly in this Belgian Ardennes country, and being on our first uncrowded train, it was all the more enjoyable to travel thru it. The country is quite wild and tempting for summer tramps and rides, also for fishing and boating which is said to be very good there. There are many green rock formations, such as in one place one single layer about three feet wide at the most sticking up into the air for 50 or 75 ft. , like a great scythe-blade; in another place there is a road that goes right thru a natural hole in a rock projecting out over it; and the guide book tells of grottoes near by, with stalactites and such weird things. I want to know that country more intimately some time. We passed Dinant, so at least saw it from the train. It, like Namur is overshadowed by a great natural citadel above the city. The limit of the little road we were on was Givet, a tiny citadel-crowned town in a little lip of France which sticks up into Belgium. We arrived there in a drizzling rain to find that the only train for the day, which went further south, had gone at 10:45 in the morning. So we had lost a whole day by that bit of misinformation at Namur. We found that the railroad only went about 20 kilometers below, to Fumay, after which the railroad was cut and had not yet been repaired; so that from there for some distance we should have to rely on hooked rides in motor trucks. We established ourselves at the Great Hotel of the White Horse and then searched for other means to get out of Givet than by rail to Fumay. Our efforts were finally rewarded by the discovery of a French soldier who was taking a truck thru to Mezieres the next morning, & agreed to carry us along. Then we went back, warmed up by the Great Hotel of the White Horse's only stove - the kitchen range, got a candle & ascended to the royal suite, which boasted one sheet on each bed, covered next by a very doubtful blanket. So we shrouded ourselves in the one sheet and got rested for our strenuous over-the-road journey the next day. It was going to get us to Mezieres before 11 o'clock, so that we could take a train for Rheims or get more transportation in thru Sedan & Verdun for Toul. However fortune willed otherwise. The two Americans must have Jonah-fied the truck, for after several balks, it decided some ten miles down the road that it didn't want to go any further. We next hailed another passing truck - a French military truck carrying flour - and had a flour bag ride the rest of the way. Just outside Rocroi, an interesting little village banked on all sides by four- century-old fortifications (I took the natives' word), the driver stopped for a leisurely two hours & lunch at a road-house. The Frenchman always has plenty of time. We got the proprietress to fix up an omelette for us, and sat around by the welcome fire, until the driver decided to move along. We made good time to Charleville, just across from Mezieres, & arrived soon after three. As usual, we searched the first thing for a way to get out. The slowness & uncertainty of motor truck transportation, & the rapidly approaching end of our leave time made it seem advisable to give up any attempt to proceed the long journey thru Sedan & Verdun to Toul - for we were really only half way to Toul from Brussels then. Our best bet proved to be the next morning train for Rheims, where we could get connections going east for Toul. We stayed overnight in Charleville at the Great Hotel of the Silver Lion - electric lights & two sheets - after a little afternoon tour of the city & its twin, Mezieres. They were captured by the French in the very last few days of the war, and show the effects of the struggle everywhere, but not so completely as later places we have seen. The best house in Charleville was an important headquarters for the German Crown Prince. Our journey to Rheims was of course our second crossing of the front. For a long distance out of Mezieres you see very little evidence of the late struggle - quite extensive untouched forest, a large evergreen nursery perfectly whole, I noticed also - but if there is a village or a house, there has usually something happened. Finally however, you arrive at the great barren belt which marks the war area of the last four years everywhere; first shallow lines of trenches from time to time, which I think were in most cases intended reserve lines to be dug more thoroughly if ever occupied. That is a bit of revelation, for one would have you believe that behind the front trench systems of lines there were for miles & tens of miles to the rear equally elaborately dug reserve lines. But I can't find that such is the case, and from what I have seen of the front, I believe that behind the front lines & the immediate reserves actually occupied during the long period when the war was stationary, there was little elaborate field fortification work done, trenches not even being constructed according to the approved manner & dimensions prescribed by the Field Fortification text books. The great German lines back thru Northern France and Belgium must have been a myth. I have seen no evidence of them. But the occupied positions in the long stationary period were elaborately constructed - because, of course, they were there & must do something, and could keep adding & adding, and digging & digging. Near the village of Witny-lez-Reims we came to the long stationary front in this sector, - confused masses of trenches, barbed wire, dugouts, & razed villages. By the way, the barbed wire is another revelation, for it is practically all low - a foot or two above the ground - belting the ground with a band perhaps a rod wide in the usual cases. I was taught, I am sure, that high wire was equally used with low wire, if, in fact, that it wasn't the rule. I can say most positively, it is not true. Rheims is a huge ruin, perhaps the greatest ruin of the war. We had no time to see much of it, & couldn't even walk up as far as the Cathedral but we could see it and all the town very well from the railway. I did go up a little way into the city to get something to eat while Lou secured our seats on the train south to Epernay, leaving in an hour. Epernay is the center of the Champagne country - with both capital & small "c". Great vineyards are evident all about it and there are large champagne factories ("factory" doesn't seem right - but it can't be brewery or distillery, & if there is a corresponding word for a wine manufacturing plant, I don't know it) in the city. We got our supper there, and waited for the midnight express east to Toul. It was an alleged express all the way, without changes, but at Bar-le-Duc, at 3:30 A. M. we were dumped out and loaded on another train, already full, so stood up most of the time till 7:30 when we arrived at Toul. We found Major June at Caseme Jeanne d'Arc, outside of Toul, where he is located in quite a nice camp on high country, occupied by the 2nd Army Supply Train, which he commands. He is also now Chief Motor Transport Officer of the 2nd Army, headquarters of which are at Toul. He is the same old Pop, and surely seemed good to see him. His room is like a brass workshop, for he has for a hobby getting all sorts of articles made up from salvaged battlefield materials - shells & bullets & what-not picked up from the battlefields by himself. With him we toured the whole St. Mihiel salient, above Toul, but not by train or foot, quite the contrary, by Cadillac. I am surely thankful not to have missed that day, & the opportunity to go over an American battlefield. The St. Mihiel salient was strongly held by the Germans and there was surely elaborate work there in the way of dug-outs, machine gun emplacements, trench lines, and barbed wire. It is quite a maze now with the churning up that the guns have given it, and there is no room for doubt in ones mind that something has happened there lately. We took a number of pictures on the camera and picked up a few small relics ourselves, including a brass shell case, which I hope to make into a few souvenirs. The villages in the salient are beaten down to pulp; in some there are hardly a wall of a house over the height of a man. It was an impressive trip, and the chance to see it now, when scarcely anything has been cleared up is of infinitely more value than a similar trip a few years hence. The Major left somebody to get him a 3 day leave to Paris, while we were gone, & when we returned found that he had his leave, and, right after supper started out on an all night ride to Paris in the Cadillac. We lost our way several times but finally arrived about eight in the morning. While there we took time to go out and see the great Palace at Versailles, but had no time to go in; furthermore we still had the mud of St. Mihiel on our boots. The rest of our time was spent poking about the streets trying to find our way amid fog, myriads of taxis & other vehicles, & confusing streets. Our chief accomplishments were to get the brakes fixed on the car, get a breakfast at the University Union, and get our tickets for return to Le Havre. We imitated the French & rolled into our train an hour ahead of time, said good-bye to the Major, and completed the last leg of our journey. I feel that our two weeks have been well worth while - we have done so many different things and at the same time had rest, recreation, & change. I have thoroughly enjoyed it all, & am glad not to have gone back without it. There couldn't be a better traveling companion than Lou; he has been so ready for anything, and agreeable to anything, that I'm afraid I took too much advantage of it to take in everything which suited my fancy. No one could surely complain at having both good company & their own way. There is other news since we returned, but I'll reserve that for a later letter. I'm not reading the letter over as I want to get it in afternoon mail - so much by way of explanation of all errors. I purchased myriads of postcards but am sending scarcely any now. Shall have them all to show you, if you ever care to have me. Another move! I am located now in Nevers, again down in the center of France, in the section known, as far as the American Army is concerned, as the Intermediate Section, S. O. S. As soon as Lou and I returned to Le Havre from leave, we learned the news that Headquarters, Medical Officer, Cos. A, B, & C were to go to Nevers for duty under the Intermediate Section Motor Transport Officer, and after some confusion and several changes of orders, Headquarters, the Doctor, and half of Co. B left Le Havre by rail early last Saturday morning and after the usual tedious train ride, attached to freights, hung up in freight yards for long periods, & persuading French chefs de service to get you moving, we arrived in Nevers about midnight between Sunday & Monday. Co. C started the same day for La Pallice to drive motor transportation from there to a big repair center at Romorantin for about three weeks, then to report here. Co. A started the same day to drive transportation overland to Romorantin & entrain there for this station but have since been ordered back to Le Havre. The other half of Co. B is still at Le Havre waiting to take some transportation overland and then come here. Co. D has been at Tours - Headquarters S. O. S. - for a month, and Cos. E & F are still at Le Havre. So we are pretty well split up and it's hard to tell what's going to happen next, particularly with Co. A being ordered back to Le Havre. The half of Co. B that is here has been sent up to Vendonne on special duty as a MTC detachment with the 6th Cavalry, I have given a few clerks to the Section M. T. O. and the local Motor Command for their use, and Lieut. Fox who commands B Co. is to act in a special capacity under the Section M. T. O. If the other companies come up here, they will be detailed as wholes or parts for duty thruout the section also - which is very extensive. I have been given space to maintain my Train headquarters, and promised transportation to inspect outlying detachments when it seems to me necessary; hence may have a chance to do some more travelling around. The folks here are much more human than at Le Havre, in fact have warmed my heart no little bit by their cordiality up to the present - I've dealt with so many of the other kind that I've gotten to be terribly suspicious & watchful of everyone & even unfortunately perhaps look for motive behind friendliness. But we have all been treated most decently, and the job up here seems from every point of view thus far obtainable more desirable than Le Havre. So, if we've got to stay out the spring here, I hope to see the rest of my companies coming along. All of us, except Lieut. Doyle, are billeted in private houses in Nevers; Capt. Stuart and I took a room & alcove together, which seems quite pleasant - fireplace especially - but Stuart has been ordered away today to Grenoble and I think that probably Fox will come in with me to-morrow. Nevers is a pleasant town, quite clean, and apparently has somewhat of a history. Of the latter I don't have much recollection, but one has only to walk about to see countless evidences of work that is centuries old. It doesn't look as though I were going to have very much to do outside of sitting in our headquarters, with occasional trips, and I have already reconciled myself to somewhat of a stay here, but hope to spend some worthwhile time in fields which are not altogether military - it may be an opportunity to get some good first hand French history, to make more of a concerted effort in acquiring the French language - and any number of things have been pouring in on my mind the last couple of days. I'll see you sometime. Guess I'll have to get my next year's job by mail. Pardon pencil, please, for I have no ink at the moment. There is a Lieut. Col. Butler of the Coast Artillery stationed here. I happen to know it quite well for I had a collision with him first day over a stove and lamp which walked from one room to another, thru the alleged agency of some of my outfit. He has a bearlike cough, which is desired to produce fear & trembling, I expect, but after a little talk, he began to compare families - but we couldn't connect, he being from Louisiana but a Carolina family. There were lots of your letters waiting for me at Le Havre when I returned from leave. I was glad to hear about Mr. Scarborough, for I have often wondered how he came thru - figuring that anybody in the 26th who got home was somewhat lucky. None of the men of the outfit have married any French girls. I have only known one man in the Army who has done so, a Captain in the Park at Le Havre. I was surely sorry to hear of Lottie Sage's death, and surprised also, though you had written me earlier of her sickness. Moody's letter was interesting to all the crowd. He is probably home & back at the insurance business by now. It seemed strange enough to be reading an account of Ralph's wedding and I am glad it went off so well and so many could be there. A. P. O. 708, American E. F. Nothing new has happened officially since last writing. I have the most comfortable headquarters the 301st Supply Train ever had, established in an old French non-commissioned officers' barracks at Caserne Pittie, this place, with no prospect of any duty than to maintain those headquarters for the companies which still belong to me but are none of them here. There is another captain here commanding another supply train who has been in exactly the same fix for over four months. I hope to have, and have been given reason to believe that I shall have, opportunity as desired to travel by motor to the stations of the different companies for the purposes of inspection & administration. One couldn't object very much to that, but I rather doubt if that will go to the extent of my visiting companies outside the Intermediate Section - the three still at Le Havre. I have joined our officers' mess to that of the 427th Supply Train, to which I have referred above; officers of the other casual outfits also eat there. I did so largely because I had an opportunity to get 6 sergeants from the Headquarters Co. into the same mess - the first chance to get something a little out of the ordinary for them, and I welcomed it. It is a much better mess & much more reasonable than that which we had at Havre. Nothing at Havre was good, and everything and everybody here shine by comparison. For myself I am very comfortably fixed. I am finally living altogether alone, in the room & alcove Stuart and I had selected. I am once more sleeping under a canopy in a fine old oak bed. My fire-place has a reserve stock of 1000 lbs. of wood, and I have also an oil stove and know where I can get kerosene when I want it. As for the fireplace it makes any evening in the room worthwhile; with it I can if necessary get easily along without company, or have a cosy, warm assistant in hospitality with company. As for the oil stove, it enables me to cook eggs in the morning to suit the peculiar S. B. B. taste, & go with Madame's bread & coffee or cocoa; it enables me also in the evening to brew delicious cocoa for myself or guests, and I have other experiments in mind. I also have the makings for chocolate malted milk shakes, and keep a stock of candy, cakes, jam, canned cherries & grapes. Condensed milk cans & such are perhaps not very ornate or dignified table appointments - but it's all a new toy to play with, it helps to make things homelike, and is an aid to hospitality. Better drop in. The postal service got adjusted much better for this last move of ours, and your letter of March 2 got here Thursday of this last week. I'm sorry Lucinthia had such a time with her hair and had to resort to that perfectly hideous Dutch cut - trust it will stop falling, though, and that the hair will come out as nice as it always used to be, again. I received Aunt Laura's card at Christmas time, and am sure I acknowledged it. I have just mailed her another card, so as to make partial amends in case I did forget previous acknowledgment, but did not mention her Xmas card again, to avoid stultification. So much for that. Inasmuch as the time of my arrival home becomes more uncertain rather than less so, I am taking up matters in connection with getting located for next fall by mail. This consists mainly in reestablishing relations with the Fisk agency to whom I have a lengthy letter, ready for mailing, now on my table. It will be hard for them to do much, with me at such a long distance, but I told them to fire away on the cables if something good came along, and believe my year of experience will help a great deal; also I put forward my Army experience & record as a positive factor in my candidacy - in fact, honestly believe it will help me a great deal, particularly if I can get a principalship. I had good plans all laid for other avenues of search than the agency, based on a supposition I would be demobilized by April 1, but obviously they have gone awry. I had a perfect framework, complete structure, I guess we could call it, of plans from April 1 to Sept. 1, but then, it didn't hurt me any. I thought I had a reasonable basis, but didn't lack realization that it was not infallible. Lieut. Thorpe is buried here, so I have had a chance to see his grave. Incidentally got a picture taken of it for his father. I've entrusted myself with a mission to his father when I return, and dread it somewhat, as the old man was terribly hard hit. I've tried to remember everyone I ought in the postcard line once. Every once in a while I take an evening off and address a bunch, as I have to-night. I have kept no systematic record of them to whom I have sent them, so fear I may make some hideous error of omission but trust not. I start on a motor trip Friday or Saturday to the stations of all the companies in the Train, taking Lieut. Achorn and Sgt. Callahan along with me. It will be quite a long journey, and will permit us, I hope, to take in a few new places of interest. I also hope to gather in a bit of information which will shed some light on the present uncertainty as to our future. Am making my white sugar syrup to-night, and am planning French Toast in the morning. And if you had only been here to drink a nice rich chocolate malted milk shake with me this evening you would think you had discovered the fountain of youth. Tomorrow morning I start bright and early for my first inspection tour of all my detached companies, and expect to be 8 or 9 days in the process. It's going to be a chance to see a few extra things without going much out of the road, and without having to take leave to do it; for tomorrow night I hope to sleep in Rheims for on my short stop-off there 3 weeks ago I saw a hotel which had reopened, even though there were still a few gaping holes in it. The next day, we'll take our route to Chateau-Thierry, from there north to Belleau Wood, which will all be over ground which now holds a place in American History. After that we'll turn due west which ought to bring us to Le Havre by night. On our trip to-morrow we must pass by the vicinity, at least, of the battleground where the Huns of 1500 years ago were finally turned back by the Visigoths, Franks, & Romans (Battle of Chalons, 451 A. D. , I think). Most of my pictures came out fairly well but my Waterloo ones were a complete fizzle, and my view of the trenches taken by the 42nd Division the first morning of the St. Mihiel attack, which was to be my special treasure, is apparently a failure. The photographer didn't try to print it, but I have given the negative to one of the young ladies where Achorn lives, who develops her own pictures, and have asked her to make a try of it, also of three or four other doubtful ones. I took supper down at Achorn's house to-night & spent the evening. He lives with a family by the name of Meunier, plain, hospitable, and very friendly. They are all extremely fond of John, & he seems quite one of the family, and has only been there these short ten days or so. They have two girls, who speak English very well, both of them; the older, who has the photograph hobby, is an excellent pianist, and plays good music, but along with it has acquired every American popular song there is, I should think, the last couple of years; they seem to be quite thoroughly introduced here. The worst feature of that is that when the French speak of "American music" you know they refer to the above variety. The younger girl is only about 15, a little sandy haired curly haired perfect imp, always up to something; seems much more American than French. One of my corporals has turned me out an excellent inkstand & well from the brass German shell case I picked up near St. Mihiel; in front have been soldered in on either side a French & a German machine gun bullet, and it is I think very artistic and well balanced. I am especially moved to say so, as I am the proud designer. Out of the rest of the case and some more bullets he is making me at present some paper cutters & a penholder. Pretty soon I'll have to sacrifice some more underwear or something to make room for souvenirs of Europe & the great war I fit so bloodily in. I see by the newspapers that Dr. Baldwin is over here at an International Red Cross medical conference at Nice. I'll try to get some word to him in case he has a chance to look me up. I forgot to tell you last week that I had run into Tom Beers, while walking out of a store the other day. He's at Vermeuil, not very far from here, and I hope to run down and see him one of these days. I haven't experimented on much of anything new in the cooking line, but was much more successful with my second trial of French toast than with the first. I find the fire place much better to fry in than on the oil stove. As for chocolate malted milks they are getting to be a habit of which I am a helpless but healthy victim. I do work so hard though. I'm getting excellent experience for falling heir to an independent income. For a few mornings I scrambled my own eggs. But now it's "Lollis, let me know when you've got breakfast ready. " [note - this must have been his aide. There is a man of this name on the roster] I suppose there are a lot of other things I've got to learn how to do myself again someday, too - shining my own shoes, brushing my own clothes, preparing my own water for morning wash, and putting away my own dirty clothes. I do still dress myself and brush my own teeth. Well, it's midnight, and I've got to get up at the impossible hour of seven to-morrow.

2019-04-21T03:22:04Z

http://cromwellbutlers.com/sbb_0319.htm

This articwe is about de city in Berks County, Pennsywvania. For oder uses, see Reading, Pennsywvania (disambiguation). Reading (/ˈrɛdɪŋ/ RED-ing; Pennsywvania German: Reddin) is a city in and de county seat of Berks County, Pennsywvania, United States. Wif a popuwation of 87,575, it is de fiff-wargest city in Pennsywvania. Located in de soudeastern part of de state, it is de principaw city of de Greater Reading Area, and is furdermore incwuded in de Phiwadewphia-Reading-Camden PA-NJ-DE-MD Combined Statisticaw Area. The city, which is approximatewy hawfway between de state's most popuwous city, Phiwadewphia, and de state capitaw, Harrisburg (as weww as about hawfway between Awwentown and Lancaster) is strategicawwy situated awong a major transportation route from Centraw to Eastern Pennsywvania, and went its name to de now-defunct Reading Raiwroad, which transported andracite coaw from de Pennsywvania Coaw Region to de eastern United States via de Port of Phiwadewphia. Reading Raiwroad is one of de four raiwroad properties in de cwassic United States version of de Monopowy board game. Reading was one of de first wocawities where outwet shopping became a tourist industry. It has been known as "The Pretzew City", because of numerous wocaw pretzew bakeries. Currentwy, Bachman, Dieffenbach, Tom Sturgis, and Uniqwe Pretzew bakeries caww de Reading area home. According to de 2010 census, Reading has de highest share of citizens wiving in poverty in de nation, uh-hah-hah-hah. In recent years, de Reading area has become a destination for cycwists. Wif more dan 125 miwes of traiws in five major preserves, it is an Internationaw Mountain Bicycwing Association Ride Center and hewd de Reading Radsport Festivaw on September 8–9, 2017. In Apriw 2017, it was announced dat an indoor vewodrome, or cycwing track, wiww be buiwt in Reading as de first of its kind on de East Coast and onwy de second in de entire country. Awbright Cowwege and de Worwd Cycwing League formawwy announced pwans Apriw 6, 2017, to buiwd de $20 miwwion, 2,500-seat faciwity, which wiww be cawwed de Nationaw Vewodrome and Events Center at Awbright Cowwege. It wiww awso serve as de Cycwing League's worwd headqwarters. Lenni Lenape peopwe, awso known as "Dewaware Indians", were de originaw inhabitants of de Reading area. The Cowony of Pennsywvania was a 1680 wand grant from King Charwes II of Engwand to Wiwwiam Penn. Comprising more dan 45,000 sqware miwes (120,000 km2), it was named for his fader, Sir Wiwwiam Penn. In 1743, Richard and Thomas Penn (sons of Wiwwiam Penn) mapped out de town of Reading wif Conrad Weiser. Taking its name from Reading, Berkshire, Engwand, de town was estabwished in 1748. Upon de creation of Berks County in 1752, Reading became de county seat. The region was settwed by emigrants from soudern and western Germany, who bought wand from de Penns. The first Amish community in de New Worwd was estabwished in Greater Reading, Berks County. The Pennsywvanian German diawect was spoken in de area weww into de 1950s and water. During de French and Indian War, Reading was a miwitary base for a chain of forts awong de Bwue Mountain. By de time of de American Revowution, de area's iron industry had a totaw production exceeding Engwand's. That output hewped suppwy George Washington's troops wif cannons, rifwes, and ammunition in de Revowutionary War. During de earwy period of de confwict, Reading was again a depot for miwitary suppwy. Hessian prisoners from de Battwe of Trenton were awso detained here. Phiwadewphia, Pennsywvania was de capitaw of de United States at de time of de Yewwow Fever Epidemic of 1793. President Washington travewed to Reading, and considered making it de emergency nationaw capitaw, but chose Germantown instead. Susanna Cox was tried and convicted for infanticide in Reading in 1809. Her case attracted tremendous sympady; 20,000 viewers came to view her hanging, swamping de 3,000 inhabitants. Census data showed dat, from 1810 to 1950, Reading was among de nation's top one hundred wargest urban pwaces. The Schuywkiww Canaw, a norf-souf canaw compweted in 1825, parawwewed de Schuywkiww River and connected Reading wif Phiwadewphia and de Dewaware River. The Union Canaw, an east-west canaw compweted in 1828, connected de Schuywkiww and Susqwehanna Rivers, and ran from Reading to Middwetown, Pennsywvania, a few miwes souf of Harrisburg, Pennsywvania. Raiwroads forced de abandonment of de canaws by de 1880s. The Phiwadewphia and Reading Raiwroad (P&R) was incorporated in 1833. During de Long Depression fowwowing de Panic of 1873, a statewide raiwroad strike in 1877 over dewayed wages wed to a viowent protest and cwash wif de Nationaw Guard in which six Reading men were kiwwed. Fowwowing more dan a century of prosperity, de Reading Company was forced to fiwe for bankruptcy protection in 1971. The bankruptcy was a resuwt of dwindwing coaw shipping revenues and strict government reguwations dat denied raiwroads de abiwity to set competitive prices, reqwired high taxes, and forced de raiwroads to continue to operate money-wosing passenger service wines. On Apriw 1, 1976, de Reading Company sowd its current raiwroad interests to de newwy formed Consowidated Raiwroad Corporation (Conraiw). The Charwes Evans Cemetery is de non-sectarian cemetery where many of de city's prominent business and community weaders have been buried since de cemetery's opening in de 1840s. Estabwished drough de donation of wand by Reading attorney and phiwandropist Charwes Evans and a subseqwent financiaw endowment upon his deaf in 1847, which provided for future improvements to de grounds, de cemetery became a primary gadering point for annuaw Memoriaw Day activities from de wate 19f drough de wate 20f centuries due to de presence of de Grand Army of de Repubwic monument, which was dedicated dere in 1887. Earwy in de 20f century, de city participated in de burgeoning automobiwe and motorcycwe industry as home to de pioneer "Brass Era" companies, Daniews Motor Company, Duryea Motor Wagon Company and Reading-Standard Company. Reading experienced continuous growf untiw de 1930s, when its popuwation reached nearwy 120,000. From de 1940s to de 1970s, however, de city saw a sharp downturn in prosperity, wargewy owing to de decwine of de heavy industry and raiwroads, on which Reading had been buiwt, and a nationaw trend of urban decwine. In 1972, Hurricane Agnes caused extensive fwooding in de city, not de wast time de wower precincts of Reading were inundated by de Schuywkiww River. A simiwar, dough not as devastating, fwood occurred during June 2006. The 2000 census showed dat Reading's popuwation decwine had ceased. This was attributed to an infwux of Hispanic residents from New York City, as weww as from de extension of suburban spraww from Phiwadewphia's nordwest suburbs. Reading has its share of obstacwes to overcome, namewy crime. However, new crime fighting strategies appear to have had an impact. In 2006, de city dropped in de rankings of dangerous cities, and again in 2007. In December 2007, NBC's Today show featured Reading as one of de top four "Up and Coming Neighborhoods" in de United States as showing potentiaw for a reaw estate boom. The interviewee, Barbara Corcoran, chose de city by wooking for areas of big change, renovations, cweanups of parks, waterfronts, and warehouses. Corcoran awso noted Reading's proximity to Phiwadewphia, New York, and oder cities. The cwimate in and around Reading is variabwe, but rewativewy miwd. The Reading area is considered a humid subtropicaw cwimate, wif areas just to de norf designated as a humid continentaw cwimate. Summers are warm and humid wif average Juwy highs around 85 °F. Extended periods of heat and high humidity occur. On average, dere are 15–20 days per year where de temperature exceeds 90 °F. Reading becomes miwder in de autumn, as de heat and humidity of summer rewent to wower humidity and temperatures. The first kiwwing frost generawwy occurs in mid to wate October. Winters bring freezing temperatures, but usuawwy move above freezing during de day's warmest point. The average January high is 38; de average January wow is 22 °F, but it is not unusuaw for winter temperatures to be much wower or higher dan de averages. The aww-time record wow (not incwuding wind chiww) was −21 °F during a widespread cowd wave in January 1994. Snow is common in some winters, but de harsher winter conditions experienced to de norf and west are not typicaw of Greater Reading. Annuaw snowfaww is variabwe, but averages around 32 inches. Spring temperatures vary widewy between freezing temperatures and de 80s or even 90s water in Spring. The wast kiwwing frost usuawwy is in water Apriw, but freezing temperatures have occurred in May. Totaw precipitation for de entire year is around 45 inches (112 cm). Reading is wocated at 40°20′30″N 75°55′35″W / 40.34167°N 75.92639°W / 40.34167; -75.92639 (40.341692, −75.926301) in soudeastern Pennsywvania, roughwy 65 miwes (105 km) nordwest of Phiwadewphia. According to de United States Census Bureau, de city has a totaw area of 10.1 sqware miwes (26 km2). 9.8 sqware miwes (25 km2) of it is wand and 0.2 sqware miwes (0.52 km2) of it (2.39%) is water. The totaw area is 2.39% water. The city is wargewy bounded on de west by de Schuywkiww River, on de east by Mount Penn, and on de souf by Neversink Mountain, uh-hah-hah-hah. The Reading Prong, de mountain formation stretching norf into New Jersey, has come to be associated wif naturawwy occurring radon gas; however, homes in Reading are not particuwarwy affected. The surrounding county is home to a number of famiwy-owned farms. Companies based in Reading and surrounding communities incwude Boscov's, Carpenter, GK Ewite Sportswear, Penske Truck Leasing, and Redner's Markets. In 2012, The New York Times cawwed Reading "de nation's poorest city." Jump Start Incubator, a program of Berks County Community Foundation and de Kutztown University Smaww Business Devewopment Center, is intended to hewp entrepreneurs open new businesses in de area. A number of federaw and state highways awwow entry to and egress from Reading. U.S. Route 422, de major east-west artery, circwes de western edge of de city and is known wocawwy as The West Shore Bypass. US 422 weads west to Lebanon and east to Pottstown. U.S. Route 222 bypasses de city to de west, weading soudwest to Lancaster and nordeast to Awwentown. Interstate 176 heads souf from US 422 near Reading and weads to de Pennsywvania Turnpike (Interstate 76) in Morgantown. Pennsywvania Route 12 is known as de Warren Street Bypass, as it bypasses de city to de norf. PA 12 begins at US 422/US 222 in Wyomissing and heads nordeast on de Warren Street Bypass before becoming Pricetown Road and weading nordeast to Pricetown. Pennsywvania Route 10 is known as Morgantown Road and heads souf from Reading parawwew to I-76 to Morgantown, uh-hah-hah-hah. Pennsywvania Route 61 heads norf from Reading on Centre Avenue and weads to Pottsviwwe. Pennsywvania Route 183 heads nordwest from Reading on Schuywkiww Avenue and Bernviwwe Road, weading to Bernviwwe. U.S. Route 222 Business is designated as Lancaster Avenue, Bingaman Street, Souf 4f Street, and 5f Street drough Reading. U.S. Route 422 Business is designated as Penn Street, Washington Street (westbound), Frankwin Street (eastbound), and Perkiomen Avenue drough Reading. Pubwic transit in Reading and its surrounding communities has been provided since 1973 by de Berks Area Regionaw Transportation Audority (BARTA). BARTA operates a fweet of 52 buses (incwuding 23 hybrid ewectric buses) serving 19 routes, mostwy originating at de BARTA Transportation Center in Downtown Reading. BARTA awso provides paratransit service in addition to fixed route service. The former Reading Raiwroad Frankwin Street Station was refurbished and reopened to bus service on September 9, 2013 wif buses running de express route back and forf to Lebanon Transit. The route to Lebanon was discontinued after a short period, resuwting in de refurbished station sitting vacant. Kwein Transportation provides bus service to Reading from a stop at de Boscov's at de former Fairgrounds Sqware Maww to Dougwassviwwe, Kutztown, Wescosviwwe, Hewwertown, and Midtown Manhattan in New York City. Transport Azumah provides bus service from de InterCity Bus Terminaw to New York City. Cwydesdawe Bus Lines provides intercity bus service from Reading to Phiwadewphia awong two routes. One route to Phiwadewphia operates via Norristown on weekdays and via de King of Prussia maww on weekends. The oder route operates via Kutztown, Wescosviwwe, Awwentown, Bedwehem, and Quakertown on weekdays and via de Lehigh Vawwey Maww, Awwentown, Bedwehem, and Quakertown on weekends. Reading and de surrounding area is serviced by de Reading Regionaw Airport, a generaw aviation airfiewd. The dree-wetter airport code for Reading is RDG. Scheduwed commerciaw airwine service to Reading ended in 2004, when de wast airwine, USAir stopped fwying into Reading. Freight raiw service in Reading is provided by de Norfowk Soudern Raiwway, de Reading Bwue Mountain and Nordern Raiwroad, and de East Penn Raiwroad. Norfowk Soudern Raiwway serves Reading awong de Harrisburg Line, which runs east to Phiwadewphia and west to Harrisburg, and de Reading Line, which runs nordeast to Awwentown, uh-hah-hah-hah. Norfowk Soudern Raiwway operates de Reading Yard in Reading. The Reading Bwue Mountain and Nordern Raiwroad operates de Reading Division wine from an interchange wif de Norfowk Soudern Raiwway in Reading norf to Port Cwinton and Packerton. The East Penn Raiwroad operates de Lancaster Nordern wine from Sinking Spring soudwest to Ephrata, using trackage rights awong Norfowk Soudern Raiwway east from Sinking Spring to an interchange wif de Norfowk Soudern Raiwway in Reading. Passenger trains ran between Pottsviwwe, Reading, Pottstown, and Phiwadewphia awong de Pottsviwwe Line untiw Juwy 27, 1981, when transit operator SEPTA curtaiwed commuter service to ewectrified wines. Since den, dere have been repeated cawws for de resumption of de services. In de wate 1990s and up to 2003, SEPTA, in cooperation wif Reading-based BARTA, funded a study cawwed de Schuywkiww Vawwey Metro which incwuded pwans to extend SEPTA's R6 passenger wine to Pottstown, Reading, and Wyomissing, Pennsywvania. The project suffered a major setback when it was rejected by de Federaw Transit Administration New Starts program, which cited doubts about de ridership projections and financing assumptions used by de study. Wif de recent surge in gasowine prices and ever-increasing traffic, de pwanning commissions of Montgomery County and Berks County have teamed to study de feasibiwity of a simpwe diesew shuttwe train between de Manayunk/Norristown Line and Pottstown/Reading. In 2018, a panew wed by de Greater Reading Chamber Awwiance pushed for an extension of de Manayunk/Norristown Line to Reading awong existing Norfowk Soudern freight raiwroad tracks, wif service terminating eider at de Frankwin Street Station in Reading or in Wyomissing. Lake Ontewaunee suppwies water to Reading. Ewectricity in Reading is provided by Met-Ed, a subsidiary of FirstEnergy. Naturaw gas service in de city is provided by UGI Utiwities. The Reading Area Water Audority provides water to de city, wif de city's water suppwy coming from Lake Ontewaunee and de city's water treated at de Maidencreek Fiwter Pwant. The Reading Water Company was founded in 1821 to suppwy water to de city. The Reading Area Water Audority was estabwished on May 20, 1994 to take over de water system in de city. Sewer service is provided by de city's Pubwic Works department, wif a wastewater treatment pwant owned by de city wocated on Fritz Iswand. The city's Pubwic Works department provides trash and recycwing cowwection to Reading. Hospitaws serving de Reading area incwude Reading Hospitaw in West Reading and Penn State Heawf St. Joseph in Bern Township and downtown Reading. Reading Hospitaw offers an emergency department wif a Levew I trauma center and various services incwuding Cancer Care, Heart Center, Ordopedic Services, Pediatrics, Primary Care, and Women's Heawf. Penn State Heawf St. Joseph offers an emergency department, heart institute, cancer center, stroke center, wound center, ordopedics, and primary care physicians. As of de 2010 census, de city was 48.4% White, 13.2% Bwack or African American, 0.9% Native American, 1.2% Asian, 0.1% Native Hawaiian, and 6.1% were two or more races. 58.2% of de popuwation were of Hispanic or Latino ancestry. As of de census of 2000, dere were 30,113 househowds, out of which 33.7% had chiwdren under de age of 18 wiving wif dem, 34.4% were married coupwes wiving togeder, 20.2% had a femawe househowder wif no husband present, and 38.8% were non-famiwies. 31.7% of aww househowds were made up of individuaws, and 12.4% had someone wiving awone who was 65 years of age or owder. The average househowd size was 2.63 and de average famiwy size was 3.33. In de city, de popuwation was spread out, wif 29.9% under de age of 18, 11.7% from 18 to 24, 28.9% from 25 to 44, 17.0% from 45 to 64, and 12.4% who were 65 years of age or owder. The median age was 31 years. For every 100 femawes, dere were 93.3 mawes. For every 100 femawes age 18 and over, dere were 88.5 mawes. The median income for a househowd in de city was $26,698, and de median income for a famiwy was $31,067. Mawes had a median income of $28,114 versus $21,993 for femawes. The per capita income for de city was $13,086. 26.1% of de popuwation and 22.3% of famiwies were bewow de poverty wine. 36.5% of dose under de age of 18 and 15.6% of dose 65 and owder were wiving bewow de poverty wine. As of de American Community Survey 1-Year Estimates, Reading had a popuwation of 80,997. The raciaw makeup of de city was 48.8% White, 14.0% African American, 0.2% Native American, 1.4% Asian, 0.0% Pacific Iswander, 31.1% from oder races, and 4.5% from two or more races. 56.3% were Hispanic or Latino of any race, wif 33.5% being of Puerto Rican descent. According to de US Census Bureau, 32.9% of aww residents wive bewow de poverty wevew, incwuding 45.7% of dose under 18. Reading's unempwoyment rate in May 2010 was 14.7%, whiwe Berks County's unempwoyment rate was 9.9%. The city of Reading is protected by de 135 firefighters and paramedics of de Reading Fire and EMS Department (RFD). The RFD operates out of seven fire stations droughout de city. The RFD operates a fire apparatus fweet of five Engine Companies, dree Ladder Companies, one Rescue Company, brush unit, and four front-wine Medic Ambuwances. In 2018, fire units responded to 9,992 incidents. EMS responses totawed 19,505 cawws for service. Department staffing is onwy two firefighters per apparatus. The Reading Schoow District provides ewementary and middwe schoows for de city's chiwdren, uh-hah-hah-hah. Numerous Cadowic parochiaw schoows are awso avaiwabwe. Press reports have indicated dat in 2012, about eight percent of Reading's residents have a cowwege degree, compared to a nationaw average of 28%. Reading is known for muwtipwe sports franchises, aww of which have a wong history of success creating professionaw adwetes at de highest wevews. The Reading Fightin Phiws, minor weague affiwiate of de Phiwadewphia Phiwwies, who pway at FirstEnergy Stadium. Notabwe awumni are Larry Bowa, Ryne Sandberg, Mike Schmidt, Ryan Howard, and Jimmy Rowwins. Reading United AC, USL League Two affiwiate of de Phiwadewphia Union, are considered one of de top amateur soccer teams in de United States. The team most recentwy pwayed in de first PDL Championship in team history in 2018. Notabwe awumni incwude muwtipwe pwayers wif United States men's nationaw soccer team experience, incwuding Matt Hedges, Awex Bono, CJ Sapong, Ben Sweat, and Keegan Rosenberry. Over 110 awumni from de team have gone on to pway soccer professionawwy. The city has been de residence of numerous professionaw adwetes. Among dese native to Reading are Brookwyn Dodgers outfiewder Carw Furiwwo, Bawtimore Cowts running back Lenny Moore, and Phiwadewphia 76ers forward Donyeww Marshaww. Pro gowfer Betsy King, a member of de Worwd Gowf Haww of Fame, was born in Reading. The open-wheew racing portion of Penske Racing had been based in Reading, Pennsywvania since 1973 wif de cars, during de F1 and CART era, being constructed in Poowe, Dorset, Engwand as weww as being de base for de F1 team. On October 31, 2005, Penske Racing announced after de 2006 IRL season, dey wouwd consowidate IRL and NASCAR operations at de team's Mooresviwwe, Norf Carowina faciwity; wif de fwooding in Pennsywvania in 2006, de team's operations were moved to Mooresviwwe earwier dan expected. Penske Truck Leasing is stiww based in Reading. Duryea Drive, which ascends Mount Penn in a series of switchbacks, was a testing pwace for earwy automobiwes and was named for Charwes Duryea. The Bwue Mountain Region Sports Car Cwub of America hosts de Duryea Hiww Cwimb, de wongest in de Pennsywvania Hiwwcwimb Association series, which fowwows de same route de automaker used to test his cars. Reading pwayed host to a stop on de PGA Tour, de Reading Open, in de wate 1940s and earwy 1950s. The city's cuwturaw institutions incwude de Reading Symphony Orchestra and its education project de Reading Symphony Youf Orchestra, de Reading Choraw Society, Opus One: Berks Chamber Choir, de GoggweWorks Art Gawwery, de Reading Pubwic Museum and de Historicaw Society of Berks County. Reading is de birdpwace of graphic artist Jim Steranko, guitar virtuoso Richie Kotzen, novewist and poet John Updike, poet Wawwace Stevens, and singer-songwriter Taywor Swift. Marching band composer and writer John Phiwip Sousa, de March King, died in Reading's Abraham Lincown Hotew in 1932. Artist Keif Haring was born in Reading. Reading is home to de 15-time worwd-champion drum and bugwe corps, de Reading Buccaneers. In 1914, one de anchors of de Battweship Maine was dewivered from de Washington Navy Yard to City Park, off of Perkiomen Avenue. The anchor was dedicated during a ceremony presided over by Frankwin D. Roosevewt, who was den assistant secretary of de navy. Reading was home to severaw movie and deater pawaces in de earwy 20f Century. The Astor, Embassy, Loew's Cowoniaw, and Rajah Shrine Theater were grand monuments of architecture and entertainment. Today, after depression, recession, and urban renewaw, de Rajah is de onwy one to remain, uh-hah-hah-hah. The Astor Theater was demowished in 1998 to make way for The Sovereign Center. Certain steps were taken to retain mementos of de Astor, incwuding its ornate Art Deco chandewier and gates. These are on dispway and in use inside de arena corridors, awwowing insight into de ambiance of de former movie house. In 2000, de Rajah was purchased from de Shriners. After a much needed restoration, it was renamed de Sovereign Performing Arts Center. The Mid-Atwantic Air Museum is a membership-supported museum and restoration faciwity wocated at Carw A. Spaatz Fiewd. The museum activewy dispways and restores historic and rare war aircraft and civiwian airwiners. Most notabwe to deir cowwection is a Nordrop P-61 Bwack Widow under active restoration since its recovery from Mount Cycwops, New Guinea in 1989. Beginning in 1990, de museum has hosted "Worwd War II Weekend Air Show", scheduwed to coincide wif D-Day. On dispway are period wartime aircraft (many of which fwy droughout de show) vehicwes, and weapons. The mechanicaw ice cream scoop was invented in Reading by Wiwwiam Cweweww in 1878. The 5f Ave Bar and York Peppermint Patty were invented in Reading. The City of Reading and Reutwingen, Germany are sister cities which participate in student exchanges. Students from Reading High Schoow can appwy to become a part of de exchange and travew to Reutwingen for two weeks (mid-September to earwy October) and in return host German exchange students in de spring. Kutztown University awso has a program wif Reutwingen, uh-hah-hah-hah. In 1908, a Japanese-stywe pagoda was buiwt on Mount Penn, where it overwooks de city and is visibwe from awmost everywhere in town, uh-hah-hah-hah. Locawwy, it is cawwed de "Pagoda". It is currentwy de home of a café and a gift shop. It remains a popuwar tourist attraction, uh-hah-hah-hah. Anoder fixture in Reading's skywine is de Wiwwiam Penn Memoriaw Fire Tower, one miwe from de Pagoda on Skywine Drive. Buiwt in 1939 for fire department and forestry observation, de tower is 120 feet taww, and rises 950 feet above de intersection of fiff and Penn Streets. From de top of de tower is a 60-miwe panoramic view. The Reading Gwove and Mitten Manufacturing Company founded in 1899, just outside Reading city wimits, in West Reading and Wyomissing boroughs changed its name to Vanity Fair in 1911 and is now de major cwoding manufacturer VF Corp. In de earwy 1970s, de originaw factories were devewoped to create de VF Outwet Viwwage, de first outwet maww in de United States. The book and movie Rabbit, Run and de oder dree novews of de Rabbit series by John Updike were set in fictionawized versions of Reading and nearby Shiwwington, cawwed Brewer and Owinger respectivewy. Updike was born in Reading and wived in nearby Shiwwington untiw he was dirteen, uh-hah-hah-hah. He awso makes reference to de Brewer suburb of Mount Judge, eqwivawent to Mount Penn, east of Reading. Fiwmmakers Gary Adewstein, Costa Mantis, and Jerry Orr created Reading 1974: Portrait of a City; rewying heaviwy on montage; de fiwm is a cuwturaw time capsuwe. The pway Sweat by Lynn Nottage is set in Reading. The movie Goon: Last of de Enforcers features Reading as de home of rivaw team, de Reading Wowf Dogs. ^ Officiaw precipitation measurements for Reading were taken at an undiscwosed wocation from January 1894 to February 1973, a COOP 4 mi (6.4 km) norf-nordwest of downtown from March 1973 to January 1999, and Reading Regionaw since February 1999. Temperature, snowfaww and snow depf records date to February 1903, 23 November 1897, and 26 September 1908, respectivewy. ^ "Basebawwtown Charities". basebawwtown, uh-hah-hah-hah.org. November 27, 2012. Retrieved October 23, 2017. ^ Kwine, Dave. "Mountain Fowkwore: Berks Country Fest is aww about music, cuwture, food". Reading Eagwe. Retrieved June 26, 2017. ^ "2017 U.S. Gazetteer Fiwes". United States Census Bureau. Retrieved March 24, 2019. ^ "Popuwation Estimates". United States Census Bureau. Archived from de originaw on May 22, 2014. Retrieved June 11, 2014. ^ "PHMC Historicaw Markers Search" (Searchabwe database). Pennsywvania Historicaw and Museum Commission. Commonweawf of Pennsywvania. Retrieved January 25, 2014. ^ "Reading (city) QuickFacts from de US Census Bureau". census.gov. Retrieved October 20, 2017. ^ "Find a County". Nationaw Association of Counties. Archived from de originaw on May 31, 2011. Retrieved June 7, 2011. ^ "Census Shows Reading, Berks growf spurt". Retrieved March 13, 2011. ^ "Reading (PA) Bronze-wevew | Internationaw Mountain Bicycwing Association". www.imba.com. Retrieved October 14, 2016. ^ "Reading Radsport Festivaw | September 8, 2017". www.readingradsport.com. Retrieved November 14, 2017. ^ News, 69 (Apriw 6, 2017). "$20 miwwion indoor cycwing track to be buiwt in Reading". WFMZ. Retrieved Apriw 6, 2017. ^ a b "content.aspGreater Reading's destination hub : Greater Reading Convention and Visitors Bureau". Readingberkspa.com. Archived from de originaw on March 23, 2012. Retrieved May 7, 2013. ^ Washington, D.C. became de nationaw capitaw in 1800. ^ Zinn, Howard. A Peopwe's History of de United States 1492–present (New York: HarperPerenniaw, 1995), p. 243. ^ "'Cities of de Dead': The Improvements Being Made in de Cemeteries of Reading." Reading, Pennsywvania: Reading Eagwe, Apriw 29, 1885, p. 1. ^ Homan, Wayne E. "The Poignant History of de GAR Monument", in The Historicaw Review of Berks County, Faww 2004. Reading, Pennsywvania: Berks History Center, retrieved onwine August 23, 2018. ^ "Charwes Evans Cemetery Memoriaw Day Services". Reading, Pennsywvania: Reading Eagwe, May 28, 1915. ^ "Memoriaw Day Rites Hewd at Graves of Hero Dead". Reading, Pennsywvania: Reading Eagwe, May 31, 1931, p. 1. ^ "Former POW Jim DeLong speaks at Reading's Memoriaw Day ceremony". Awwentown and Reading, Pennsywvania: WFMZ-TV, May 27, 2013. ^ Cwymer, Fwoyd. Treasury of Earwy American Automobiwes, 1877–1925 (New York: Bonanza Books, 1950), p.158. ^ "City Crime Rankings by Popuwation Group". morganqwitno.com. ^ Interview wif Barbara Corcoran on NBC's Today show. Onwine. December 2007. Retrieved September 27, 2009. ^ a b c "NowData - NOAA Onwine Weader Data". Nationaw Oceanic and Atmospheric Administration. Retrieved September 8, 2017. ^ ThreadEx; search for wocation= "PA - Reading", variabwe= "Station dread" ^ "Station Name: PA READING SPAATZ FLD". Nationaw Oceanic and Atmospheric Administration. Retrieved September 8, 2017. ^ a b "The Beweaguered Middwe Cwass". The New York Times. June 13, 2012. ^ "Major Empwoyers". Greater Reading Economic Partnership. ^ a b c Berks County, Pennsywvania Highway Map (PDF) (Map). PennDOT. 2014. Retrieved December 22, 2014. ^ "Kwein Transportation and OurBus announce introductory scheduwe and rates". Awwentown, PA: WFMZ-TV. February 10, 2019. Retrieved February 10, 2019. ^ "Berks-based Bieber bus wine out of business after 72 years". Awwentown, PA: WFMZ-TV. February 8, 2019. Retrieved February 8, 2019. ^ Rader, Tom (February 11, 2019). "2 bus companies waunch service from Berks to New York City". Awwentown, PA: WFMZ-TV. Retrieved February 12, 2019. ^ "Reading & Phiwadewphia Scheduwe" (PDF). Cwydesdawe Bus Lines. Retrieved March 1, 2019. ^ "Lehigh Vawwey & Phiwadewphia Scheduwe" (PDF). Cwydesdawe Bus Lines. Retrieved March 1, 2019. ^ "Reading Regionaw Airport stiww fwying high". Reading Eagwe. Juwy 22, 2004. Retrieved March 26, 2018. ^ Reading & Nordern Raiwroad System Map (Map). Reading Bwue Mountain and Nordern Raiwroad. Retrieved Juwy 16, 2017. ^ East Penn Raiwroad Map (PDF) (Map). DeskMap Systems. 2011. Retrieved December 12, 2011. ^ "r6extension, uh-hah-hah-hah.com". r6extension, uh-hah-hah-hah.com. Archived from de originaw on Juwy 1, 2008. Retrieved October 23, 2017. ^ Brewje, Bef (August 21, 2018). "Panew hopes to revive Reading to Norristown passenger train service". Reading Eagwe. Retrieved August 26, 2018. ^ "Ewectric Service Tariff" (PDF). Met-Ed. Juwy 17, 2017. pp. 8–10. Retrieved October 10, 2017. ^ "Gas Tariff" (PDF). UGI Utiwities. Juwy 7, 2017. pp. 5–6. Retrieved October 10, 2017. ^ "About Reading Area Water Audority". Reading Area Water Audority. Retrieved February 21, 2018. ^ "Waste Water Treatment Pwant". City of Reading, PA. Retrieved February 21, 2018. ^ "Residentiaw Trash and Recycwing". City of Reading, PA. Retrieved February 21, 2018. ^ "Services". Reading Hospitaw. Retrieved February 21, 2018. ^ "Home". Penn State Heawf St. Joseph. Retrieved February 21, 2018. ^ United States Census Bureau. "Census of Popuwation and Housing". Archived from de originaw on May 12, 2015. Retrieved August 28, 2013. ^ "Annuaw Estimates of de Resident Popuwation: Apriw 1, 2010 to Juwy 1, 2013". Archived from de originaw on May 22, 2014. Retrieved June 11, 2014. ^ "Reading (city) Quick Facts from de US Census Bureau". United States Census Bureau. Archived from de originaw on January 13, 2016. Retrieved May 27, 2015. ^ "American FactFinder". United States Census Bureau. Archived from de originaw on September 11, 2013. Retrieved January 31, 2008. ^ "Berks County, Reading unempwoyment rates rise in May – bctv.org – Locaw news about Berks County and Reading, Pa.: Speciaw Reports". bctv.org. June 29, 2010. Archived from de originaw on Juwy 22, 2012. Retrieved May 7, 2013. ^ "ReadingPaFire.com – News". readingpafire.com. Archived from de originaw on August 26, 2018. Retrieved January 13, 2019. ^ "Keif Haring's pop art cewebrated in today's Googwe Doodwe". Nationaw Post. May 4, 2012. Retrieved May 4, 2012. ^ Reading, PA 1974 - Portrait of a City. Youtube.com. October 30, 2017. ^ Charwes Isherwood (August 16, 2015). "Review: Lynn Nottage's 'Sweat' Examines Lives Unravewing by Industry's Demise". The New York Times. Retrieved February 2, 2016. ^ Sadie Dingfewder (January 21, 2016). "'Sweat' by Lynn Nottage gives voice to de 'new poor'". The Washington Post. Retrieved February 2, 2016. ^ a b c Reichwer, Joseph L., ed. (1979) . The Basebaww Encycwopedia (4f ed.). New York: Macmiwwan Pubwishing. ISBN 0-02-578970-8. ^ Snyder, Laurie. Lieutenant Cowonew George Warren ("G.W.") Awexander, in 47f Pennsywvania Vowunteers: One Civiw War Regiment's Story, retrieved onwine May 14, 2017. ^ "Barrasso, John A. (1952– )". Biographicaw Directory of de United States Congress. Retrieved November 18, 2012. ^ Stamm, Dan, uh-hah-hah-hah. "Baver's Beautifuw Bronze". NBC 10 Phiwadewphia. Retrieved February 10, 2019. ^ "Sands, Wiwwiam", in "Medaw of Honor Recipients: Civiw War (S-Z):. Washington, D.C.: U.S. Army Center of Miwitary History, retrieved onwine October 6, 2018. Reading Eagwe archive, Googwe News Archive, 1868–2000. —PDFs of 38,630 issues. Henry G. Stetwer, The Sociawist Movement in Reading, Pennsywvania, 1896–1936. PhD dissertation, uh-hah-hah-hah. Storrs, CT: Henry G. Stetwer, 1943. This page was wast edited on 17 Apriw 2019, at 03:07 (UTC).

2019-04-23T10:57:48Z

http://wikien4.appspot.com/wiki/Reading,_Pennsylvania

In 1913...columnist & TV panellist Dorothy Kilgallen was born in Chicago. For 27 years she wrote a gossip column for Hearst’s New York Herald American, halfway through which time she achieved national fame as a panellist on Goodson Todman’s Sunday night TV institutuion, What’s My Line? Beginning in 1945, she co-hosted a long-running breakfast radio talk show on WOR, with her husband Richard Kollmar. She died after an alcohol-and-seconal-fuelled heart attack Nov. 8 1965, just 12 hours after her weekly TV game show, dead at age 52. In 1939…Chic Young's comic strip character "Blondie" became a radio sitcom, initially as a summer replacement for "The Eddie Cantor Show" on CBS. When Cantor did not return in the fall, "Blondie" continued on the air and bounced between several networks until 1950. In 1940…In 1940, the legendary comedy team of Bud Abbott and Lou Costello debuted their own network radio show on NBC. After two years of wowing the audience of the Kate Snith Show the duo replaced Fred Allen for the summer months. In the fall of ’42 they began a seven year run with their own Thursday night show. In 1952 Abbott and Costello produced 52 episodes of one of the most successful and repeated programs in TV history. A cartoon version of The Abbott & Costello Show followed in 1966. In 1955...Tom Clay, a Buffalo DJ on WWOL-AM, staged a famous billboard publicity stunt in Shelton Squareconducts his famous Billboard stunt in Buffalo's Shelton Square. Clay in the 1950s was a popular radio personality in the Detroit area on WJBK-AM both as a DJ, and for his on-air comic characterizations. In the early 1950s Clay, using the pseudonym "Guy King," worked for WWOL-AM/FM in Buffalo, New York; on July 3, 1955, he conducted the stunt in which he played "Rock Around the Clock" by Bill Haley & His Comets repeatedly from atop a billboard in Buffalo's Shelton Square, an incident that led to his firing and arrest. In the mid-1950s he moved to Cincinnati, Ohio and was equally popular. He was caught up in the payola scandal of the late 1950s, and admitted to having accepted thousands of dollars for playing certain records. After being fired from WJBK, Clay worked at the short-lived Detroit Top 40 station WQTE (now WRDT 560 AM) only to be fired again when the station changed format to easy listening music in 1961. After moving to Los Angeles and becoming a popular personality on KDAY and KRLA, Clay returned to the Detroit area and found work at CKLW in neighboring Windsor, Ontario, at the time one of the foremost Top 40 AM stations in North America. Clay is best remembered for his single on Motown's MoWest label "What the World Needs Now Is Love"/"Abraham, Martin and John", a compilation of clips from the two popular records, interviews, and speeches of Jack and Bobby Kennedy and Martin Luther King emphasizing tolerance and civil rights. It went to #8 on the Billboard Hot 100. It sold over one million copies, and was awarded a gold disc. Clay died of stomach and lung cancer at the age of 66, in Valley Village, Los Angeles, California in 1995. In 1961...Dan Ingram did his first show on WABC 770 AM, New York. He filled in for Chuck Dunaway. In 1971...Rock Hall of Fame rock singer Jim Morrison of The Doors died of heart failure. He was 27. In 1972...Bob Crane went back to radio - but only for one week. In 1973...KMEN 1290 AM San Bernardino, CA broadcasts an “all-girl” day on Wednesday of this week. Guest DJ’s heard – Jackie DeShannon, Donna Fargo, Sylvia, April Stevens, Jean Knight, Carla Thomas and Maureen McCormick of the Brady Bunch. In 1976...The Los Angeles comedy radio team of Hudson and Landry split. In 1978...Supreme Court ruled 5-4, FCC had a right to reprimand NY radio station WBAI for broadcasting George Carlin's "Filthy Words". In 1983...KNX-FM – Soft rock in Los Angeles changes calls and format to KKHR (Hit Radio). Looks like it’ll be direct competition for KIIS-FM. In 1986...depression era singer and bandleader Rudy Vallee died following a heart attack at age 84. He had a succession of popular radio variety shows beginning in the late 20’s, introducing a succession of future stars. His biggest hit was the “Stein Song (University of Maine)” in 1930. In 1986...It was announced that Howard Stern, the often controversial New York City DJ/talker, will be syndicated by DIR to other stations. Stern, who joined rocker WXRK (New York) late last year, has seen his ratings rise from a 1.2 to a 3.4 and up to a 5.2 share in the recent ratings. “The Howard Stern Show” will mix music and talk equally. At WXRK, Stern plays about 6 songs per hour. The national show will be weekly only. Stern is following a pattern with high-profile DJ’s and national weekly shows: Rick Dees at KIIS-FM, John Lander at KKBQ Houston and Scott Shannon from Z-100 all have national weekly shows, but Stern’s will present or lean heavy personality and will not emphasize the music. In 1987...Tom Snyder will move from TV to radio this fall to host a national call-in talk show announced this week by the ABC Radio Networks. Look for it early September. In 1993…Sports broadcaster (ABC, Superstars, Wild World of Sports, NBC, Los Angeles Dodgers, Chicago White Sox, California Angels, Texas Rangers, Montreal Expos, Los Angeles Rams)/syndicated radio show host (Radio Baseball Cards)/Baseball Hall of Famer Don Drysdale died following a heart attack at age 56. Despite the legal questions raised by this week's private meeting between Attorney General Loretta Lynch and Bill Clinton, many in the press have said they accept that the impromptu 30-minute exchange was totally innocent, and won't bias the probe into Hillary Clinton's email scandal, reports The Washington Examiner. "I take [Lynch] & [Clinton] at their word that their convo in Phoenix didn't touch on probe. But foolish to create such optics," CNN contributor David Axelrod said on social media. Bloomberg News' John Heilemann mused in a panel discussion this week on CBS News, "[N]one of us will never know if all [Clinton] did was just go and say hello. So, I take them for their word it was all perfectly innocent." Lynch met privately with Clinton in Arizona Monday evening for an off-the-record exchange. Their conversation, which took place aboard Clinton's jet, was first noticed and reported by a local ABC News affiliate, KNXV-TV. The Attorney General confirmed the exchange Wednesday, but maintained it was purely social. Democratic and Republican lawmakers have criticized the meeting as inappropriate, explaining it's not a good look for Democratic front-runner Hillary Clinton, who is under FBI investigation for her use of an unauthorized and unsecured private email server when she worked at the State Department. Lynch said Friday that she would go along with whatever recommendation the FBI comes up with in its investigation of Clinton's private emails. Despite the bipartisan criticism from top lawmakers, however, reporters and media pundits have shrugged at the controversy, with many suggesting that the conversation was indeed nothing more than harmless banter about family. MSNBC's Chris Matthews, for example, dismissed the controversy, and suggested Friday that the conversation took place mostly because Clinton is just that friendly. The New York Times, which failed to mention the story in the first 24 hours after it broke, echoed Matthews' suggestion that the meetup was the result of the former president's overly-friendly personality. ABC and NBC News were also slow to cover the controversy, and made no mention of the issue Wednesday evening (when the story broke) or Thursday morning. CBS News touched on the story Thursday morning, but its coverage also involved host Charlie Rose characterizing the meet-up as "innocent." His co-host Gayle King asked, "They are at the airport at the same time … Why can't he just go over and say hello?" On Friday, Bloomberg News' Mark Halperin said the easiest explanation for why Lynch met privately with Clinton is that the former president is a "really social guy." First of all, it isn’t the FBI’s job to tell journalists or private citizens they can’t take photographs of a former president and the Attorney General. What were the agents going to do, arrest people for taking a picture or video? If there was nothing wrong with the meeting and it was totally innocent, why were federal agents instructed to demand no one take a picture? After more than 20 years as a pop-adult contemporary station, Modesto’s KOSO 92.9 FM B93 FM has abruptly changed to a country format. According to The Modesto Bee, the shift came at noon July 1, with those tuning in to its 92.9 FM signal finding “The Big Dog” on the dial instead. Parent company iHeartMedia moved it to a “new country” format, which includes largely current Top 40 country hits without much classic country. KOSO-B93 FM had been one of the area’s leading adult contemporary stations over the years. In the late 1990s and early 2000s the broadcaster was behind large, high-profile events like Summerfest and Acoustic Christmas which attracted thousands. The format flip now puts The Big Dog directly in competition with KAT Country 103 FM, the region’s popular country station. Owned by iHeartMedia rival company Cumulus Media, KAT has long been the area’s highest-rated station, according to Nielsen Audio. Negrete would not say if naming the station “The Big Dog” was a reference to its new competitor KAT. “The 92.9 The Big Dog name conveys the strength and power of the iHeartCountry brand. It’s the perfect name for the home of our nationally acclaimed morning personality Bobby Bones. We look forward to being Modesto’s exclusive hot new country station,” he said. (Reuters) -- Apple Inc fought back on Friday against Spotify's claims that the U.S. tech giant had hampered competition in music streaming by rejecting an update to the Swedish service's iPhone app. Apple's entry into the field sparked concerns from music streaming companies such as Spotify, which have argued that the 30 percent cut Apple takes of subscriptions in its App Store give its own service an unfair advantage. Spotify General Counsel Horacio Gutierrez reiterated those concerns in a letter to Apple first reported on Thursday as he protested the rejection of the latest version of the Spotify app. But Apple General Counsel Bruce Sewell countered that the company deserves a cut of transactions in the App Store for its work operating the marketplace, according to a copy of a letter to Gutierrez seen by Reuters. Sewell insisted that Apple was treating Spotify as it would any other app maker, in keeping with antitrust law. "We understand that you want special treatment and protections from competition, but we simply will not do that because we firmly adhere to the principle of treating all developers fairly and equitably," Sewell wrote. Gutierrez claimed Apple's rejection of Spotify's app raised "serious concerns" under competition law in the United States and Europe and the move was causing "grave harm to Spotify and its customers," according to technology publication Recode. A Spotify spokeswoman confirmed the accuracy of the report. A spokesman for Apple declined to comment. Launched a decade ago, Spotify is the world's biggest paid music streaming service with about 30 million paying users in 59 markets while Apple Music has some 13 million. Companies such as Spotify have sought to sidestep Apple's App Store cut by encouraging consumers to sign up for their services online. Apple forbids developers from promoting alternative payment methods within their apps. In late May, Spotify submitted a version of its app that removed the in-app purchase feature, which triggers Apple's cut, and included an account sign-up feature that violated Apple's rules, Sewell wrote. Apple rejected the app and asked Spotify to submit again, but the new version had the same problems, Sewell said. Music streaming is a crowded field. Alphabet's Google Music and YouTube also compete with Spotify and Apple Music to attract users prepared to pay for music, as does Pandora Media Inc and rapper Jay Z's Tidal. Amazon.com Inc is also preparing a standalone streaming service, sources have told Reuters. Donald Trump's standing in the polls has taken a hit in recent weeks, and if his comments Thursday to radio host Mike Gallagher are any indication, he does not have a firm answer as to why. The presumptive Republican nominee has faced down news coverage of everything from his criticism of a federal judge for being "Mexican" and thus unfit to oversee Trump University litigation because of his stated goal to construct a wall on the U.S.-Mexico border as president to the high-profile firing of campaign manager Corey Lewandowski. Trump has trailed Hillary Clinton in most every national poll since he effectively clinched the Republican nomination, though Gallagher noted two recent polls that show Trump gaining ground or even leading, despite most other polls showing Clinton with more significant leads. A Fox News poll released Wednesday evening showed Clinton with a 6-point advantage nationwide, widening her advantage from earlier in June. "The tide is going to turn and people are going to wake up," Gallagher nonetheless predicted. “Well, you know, I really feel it, Mike. I go to Ohio, we were there two days ago, and Pennsylvania and near Pittsburgh and we — I was in West Virginia, the crowds are massive. And you know, I walked out of one, and I said, ‘I don’t see how I’m not leading,'" Trump said, invoking the size of his crowds. CBS Sunday Morning, the nation's #1 Sunday morning news program, delivered its largest 2nd quarter audience in at least 28 years, according to Nielsen most current ratings for 2nd quarter 2016. The period marked the fourth consecutive 2nd quarter of year-over-year growth and the first time the broadcast finished the ratings period with 6 million viewers. During 2nd quarter 2016, CBS Sunday Morning delivered 6 million viewers and a 1.3/07 in adults 25-54, the demographic that matters most to those who advertise in news. Year-to-date Sunday Morning is seen by 6.01 million viewers every Sunday. That’s greater than the weekday editions of Good Morning America, Today and CBS This Morning. CBS Sunday Morning was up +4% in viewers (from 5.79m) and even in adults 25-54 compared to 2nd Quarter 2015. CBS Sunday Morning has posted viewer gains in each 2nd quarter since 2013 and has +1.06m viewers since 2nd quarter 2012 (from 4.94m, +21%). CBS Sunday Morning closed out the quarter on June 26 as the #1 Sunday morning news program by delivering 5.51m viewers (+2% from 5.40m) and a 1.2/08 in adults 25-54 (+9% from 1.1/07), compared to the same day last year. Television year-to-date, CBS SUNDAY MORNING is the #1 Sunday morning news program, with 6.01 million viewers and a 1.3/07 with adults 25-54. Longtime media executive Terry O’Reilly has been named president and CEO of Pittsburgh Community Broadcasting Corporation, owner of the FM radio stations WYEP 91.3 FM and WESA 90.5 FM. A veteran of commercial, entrepreneurial and public media, he will join PCBC on August 1, 2016, according to WESA. O’Reilly’s appointment follows the recent consolidation of WESA and WYEP governance into a single public media entity positioned for continued growth in broadcast audience, digital distribution, and community engagement. WYEP and WESA are Pittsburgh’s only independent public radio stations covering the adult album alternative (AAA) music format and NPR news and information. “We are excited that Terry will lead the team we’ve built at Pittsburgh Community Broadcasting Corporation,” said Harris Jones, PCBC board president. A multiple award-winning producer, journalist and executive, O’Reilly has more than four decades of media experience. He comes to PCBC from Minneapolis, where he served most recently as senior vice president and chief content officer for Twin Cities PBS, one of America’s most innovative and influential public media institutions. Prior to joining Twin Cities PBS in 2009, O’Reilly spent three decades in the commercial television industry, with experience in senior positions at two national cable TV networks (ReelzChannel and The Weather Channel), along with involvement in a pair of entrepreneurial media startups. For as long as most people living in the lakes area can remember, Andy Lia has been the “Voice of the Lakers,” calling just about every Detroit Lakes High School football, basketball, volleyball, hockey and golf game for KDLM 1340 AM and K226KA 93.1 FM in Detroit Lakes, MN since 1980. He’s also been a fixture of the local station’s morning programming, with his radio show running from 5:30 a.m. to 10 a.m. every Monday through Friday. But this past Thursday, Lia signed off from his show for the last time, reports dl-oneline.com. Lia also says that after 36 years of getting up at 4:15 a.m. every weekday and going into the station for his radio show, plus traveling all over the region to call games for dozens of area sports teams at all hours of the day and evening, it’s not nearly as much fun as it used to be. So what’s next? When asked that question, Lia grins and pantomimes taking a swing at an imaginary golf ball. “I want to golf, fish, hopefully do a little traveling,” he said, adding that he and his wife Sandy “got the bug” to travel after a trip to Europe last year, and he hopes to get some time to visit with his sisters in Tampa, Fla., and Phoenix, Ariz., as well as his other two sisters in Minnesota, along with son Craig and daughter Andrea, who live in Rochester and Mora, Minn., respectively. He also has four grandchildren that he hopes to spend more time with. After graduating from Detroit Lakes High School in 1959, he went on to get his one-year degree in radio broadcasting from Brown Institute in the Twin Cities. But it wasn’t necessarily his first choice. “I was going to be a teacher at one time, but when college fell through, I went to radio school,” Lia said in a 2009 interview, prior to his induction into the Minnesota Museum of Broadcasting Hall of Fame. Lia got his first job as a radio announcer at KTRF in Thief River Falls, in the fall of 1960. He stayed at KTRF for two years, and while there, was given the opportunity to call a few games. His next job was at KPRM in Park Rapids, as a sports announcer and program director. After just a year at Park Rapids, he moved on to KLIZ in Brainerd, where he was given his first job as sports director. He returned to KTRF in Thief River Falls, where he stayed for “about six or seven years” before taking a job as the sports director, FM operations manager and AM morning announcer at KDLM in Detroit Lakes in 1975. In 1916...Radio personality Barry Gray was born, generally considered the father of the "Call-In" Radio format. In 1939…In 1939, The Aldrich Family debuted as the summer replacement for Jack Benny Sunday nights at 7 on NBC radio. In 1941...the lighthearted comedy-mystery The Adventures of the Thin Man, based on the Nick & Nora Charles movie series of the same name, debuted on NBC radio. Claudia Morgan delightfully played Nora throughout the ten year run, while Les Damon was the first of four radio actors to play Nick. In 1945...The Marlin Hurt & Beulah Show made its debut on CBS radio. Marlin Hurt had first introduced his Beulah character (a black maid) while a cast member of the Fibber McGee & Molly Show. In 1946…Arthur Godfrey was signed by CBS Radio to host a weekly nighttime show called "Talent Scouts." In 1951...Bob & Ray show premieres on NBC radio network. In 2012…Broadcasting executive Julian Goodman, president of NBC (1966-1974), died at age 90. In 2015…Veteran CBS Radio News correspondent David Jackson died of cancer at 70. Greater Media has officially unveiled the All New 105.1 The Bounce… Detroit’s Throwback Hip Hop and R&B. WMGC 105.1 FM The Bounce features throwback hip hop and R&B songs from the 90’s and 2000’s, including artists that span from 2Pac and Ice Cube to Drake and Rihanna. The station officially kicked off the new format today at noon by unveiling the first of 10,000 songs in a row. The new on-air line-up will be announced in the near future. “We’re thrilled that our great Detroit cluster is adding a new brand for our audience and our customers,” said Greater Media Senior Vice President of Program Development Buzz Knight. The Bounce will remain the flagship for the NBA’s Detroit Pistons for the 2016-17 season. WMGC joined the sports-talk format in August 2013 and had originally set out on a five-year plan to build an audience and take some of the ad revenue from sports-talk leader, 97.1 The Ticket (WXYT-FM). But the plug was pulled after less than three years, amid no significant progress in the ratings. Employees at WMGC were told about the switch during a meeting at 6 p.m. Wednesday, when the flip was made. The Pistons have said they will remain on WMGC, though they can opt out of the final year of the guaranteed deal if they choose. Cumulus Media announces that its Columbia, SC, radio station WOMG 98.5 FM launched today as “Columbia’s Classic Hits 98.5 WOMG”. The station kicked off its Classic Hits programming at 2PM EST today. Popular on-air personality Benji Norton will join 98.5 WOMG as host of the “Breakfast With Benji” morning show, airing from 6-9AM EST weekdays, beginning Monday, July 11, 2016. Norton has anchored the morning show on Cumulus Media’s sports station WNKT 107. FM5 The Game for the past nine years. Rupert Murdoch’s News Corporation has made an unexpected move into radio with the $292.7M acquisition of U.K. media giant Wireless Group, the owner of Premier League soccer broadcaster Talksport. Variety reports the all-cash deal, which marks the first time News Corp. has entered the broadcast arena since it split from 21st Century Fox in 2013, saw the company take a 70% premium on Wireless’ price when the London stock market closed Thursday. Wireless Group, which was known until last year as UTV, owns Virgin Radio and a host of local radio stations across the Britain and Ireland. It was founded originally by Kelvin MacKenzie, former editor and current columnist of News Corp.-owned tabloid The Sun, who sold it to UTV in 2005 for $130 million. News Corp was a 30% shareholder in Wireless, while John Malone’s Liberty Global held a 28% share when UTV acquired the company. News Corp. said the deal represents “an excellent strategic fit” for the company. The move gives Murdoch’s empire a major presence across all major media platforms. Talksport has the majority of Premier League radio rights in Britain, with the rest being held by the BBC. It also holds exclusive international rights for the league outside of Europe. Walt Disney Co. agreed to acquire a one-third stake in the video-streaming unit of MLB Advanced Media, in a deal that values the business at about $3.5 billion, according to Bloomberg. Disney, the owner of ESPN and ABC, will also obtain a four-year option to buy an additional 33 percent stake in the digital arm of Major League Baseball, said a source, who asked not to be identified because the information isn’t public. The deal underscores the importance of the video-streaming business to the future of ESPN, which has been losing viewers and advertising dollars to online media. ESPN has toyed with the idea of selling Web-only packages outside of the traditional cable-TV package, and Disney Chief Executive Officer Robert Iger is making deals to offer ESPN on Internet services such as Sling TV. The unit of MLB, which is jointly owned by the 30 baseball teams, is poised to grow as online viewership increases and more sports leagues and content owners like ESPN look to offer their programming directly to fans in an online format. It already handles video streaming for WatchESPN, where cable-TV subscribers can see live broadcasts and other content online. It also runs World Wrestling Entertainment Inc.’s WWE Network, a $9.99-a-month online service. “MLBAM has some great assets that could help ESPN build a robust over-the-top offering,” said Bernard Gershon, a media consultant based in New York. Cumulus Media announces that it has re-branded its Toledo Hot AC station WWWM 105.5 FM, formerly known as Channel 105.5, to Q105.5 using the calls WQQO-FM. The station will continue to be programmed as a Hot AC station, and there are no personnel changes. Q105.5 continues to feature popular on-air personalities Denny Schaffer on Q105.5 Mornings, Tim Graves on Q105.5 Middays, Johny D on Q105.5 Afternoons, and Adam Bomb on Q105.5 Nights. It was announced today that the Tom Joyner Morning Show returns to Orlando’s hit station for today’s R&B and throwbacks, WCFB STAR 94.5 FM as of Monday, July 11th. The Tom Joyner Morning Show airs weekdays from 6:00am – 10:00am ET. Start 94.5 dropped Joyney in December 2015 in favor of the Steve Harvey Show. The 2016 Allstate Family Reunion with feature concerts from headliners including Jill Scott, The Bar-Kays, ConFunkShun, Chrisette Michele, El DeBarge, Erica Campbell and many more along with a daily expo that is open to the public with shopping, empowerment, and celebrities. The Tom Joyner Morning Show is distributed by REACH Media Inc, a part of the Radio One family. Democrats targeting content and control of the Internet, especially from conservative sources, are pushing hard to layer on new regulations and even censorship under the guise of promoting diversity while policing bullying, warn commissioners from the Federal Communications Commission and Federal Election Commission, according to The Washington Examiner. The Examiner reports Pai and Goodman cited political correctness campaigns by Democrats as a threat. Both also said their agencies are becoming politicized and the liberals are using their power to push regulations that impact business and conservative outlets and voices. “One of the things that is critical for this country is to reassert the value of the First Amendment, the fact that robust discourse, that is sometimes cacophonous, is nonetheless a value, in fact it creates value,” said Pai. Pai added that at the FCC, “bipartisan consensus has unraveled over the last couple of years,” most notably the recent vote on net neutrality. Democrats are in control, 3-2. (Reuters) --A Massachusetts judge presiding over a case hinging on Sumner Redstone's mental condition on Thursday peppered attorneys on both sides of the dispute with questions about the 93-year-old media mogul's state of mind and how he communicates with people. Judge George Phelan decided, however, not to hear arguments about whether Redstone should be subject to a medical examination immediately, and did not rule on whether the case should continue in Massachusetts - or even if it should continue at all - leaving the legal tussle over Redstone's $40 billion media empire no closer to being resolved. "Obviously I have a lot of information to digest in just the motion to dismiss itself," Phelan said on Thursday after a hearing that lasted more than five hours. "It's going to take me a while to grasp all of that." The hearing was the latest episode in the legal wrangle over the fate of Redstone's controlling stake in Viacom Inc and CBS Corp, which has been playing out on both U.S. coasts over the past several months. The main issue before Phelan on Thursday was whether Redstone knew what he was doing when he removed Viacom Chief Executive Philippe Dauman and Viacom board member George Abrams from the seven-person trust that will control Redstone's holdings when he dies or is incapacitated. The trust, officially called the Sumner M. Redstone National Amusements Inc Trust, owns about 80 percent of Redstone's privately held movie theater company, National Amusements Inc, which in turn owns 80 percent of the voting rights in both Viacom and CBS. In an effort to shed light on the matter, Phelan asked attorneys at Thursday's hearing how Redstone communicated with his secretary, how his speech therapist understood what he was saying and whether she had expertise in doing so. “Since October 2015, how does information get to Sumner Redstone ... who is providing it?” Phelan asked attorneys for Sumner and Shari Redstone. He asked if intermediaries were involved, and how Redstone's directions are conveyed to outside people. Redstone's attorneys said the case should be moved as most of the witnesses, including all of Redstone's nurses, were in California. Phelan noted that their testimony could be taken through affidavits. Phelan at one point seemed to question the California's judge's decision in that case and asked to see all of the depositions from both Herzer and Shari Redstone that were taken into account during that trial. The result of the Massachusetts case also has implications for Viacom's board. Earlier this month, Redstone and National Amusements moved to oust five of Viacom's directors, including Dauman and lead independent director Frederic Salerno, asking a court in Delaware - the state where Viacom is incorporated - to rule that the changes were valid. That same day, Salerno fired back with is own lawsuit challenging the removal. Last week, Judge Andre Bouchard of the Court of Chancery of Delaware said he planned to hold a hearing in July to listen to arguments about whether the move was valid, but indicated he hoped that the Massachusetts court would decide on Redstone's competence. Marissa Mayer, Yahoo president and CEO, told investors at the company's annual shareholders' meeting Thursday that its management team and board are fully aligned with one clear priority — "delivering shareholder value to all of you" through strategic alternatives, business and capital allocations. "We have no announcements today, but continue to make great progress on our process," Mayer said, referring to a possible divestiture of its core businesses, including search. "On a personal note, I will say I've been very heartened by the level of interest in Yahoo. It validates our business processes as well as our achievements to date." According to MediaPost, the first question from one investor involved the future of Yahoo and Yahoo shares. "Can you elaborate more on the sale of Yahoo or if there's a way to keep Yahoo?" he asked. "I'd rather have Yahoo shares, if that's possible." Mayer said that pursuing the separation of its equity assets from its operating business, the Internet business with products and services — search, mobile and others — will unlock "substantial value." Grace first informed CNN executive vp Ken Jautz, the same man who lured her to the fledgling network, then called CNN Headline News, back in 2005, of her decision in early June. While her ratings are nowhere near the staggering highs of years past — her afternoon broadcast following the reading of famed filicide suspect Anthony's not-guilty verdict on July 5, 2011, drew 4.57 million viewers — the lightning-rod legal crusader remains the most-watched and talked-about personality on HLN. A Montgomery County, MD judge on Thursday refused to extend a temporary protective order against radio personality Peter Deibler, better known as Kane on iHeartMedia's WIHT 99.5 FM ”The Kane Show", which is also syndicated in several markets. In court, Deibler and his wife, Natasha Deibler — who are enmeshed in a bitter divorce — offered wildly different versions of a May 25 incident that prompted her to seek the order and to file second-degree assault charges against him. According to The Washington Post, Natasha Deibler, 36, said that when she arrived to pick up the couple’s two children from his apartment that night, her husband threw her against a wall, but Peter Deibler, 39, contended that he used the door to move her back when she attempted to enter without his permission, and that she fell. Circuit Court Judge Terrence McGann found that Natasha Deibler hadn’t met the burden of proof needed to keep in place the order, which barred the radio host from from contacting his wife or entering the Potomac home where she lives. In testimony on Thursday, each spouse accused the other of substance abuse and other erratic behavior. Peter Deibler said when his wife called to say she would be late picking up the girls, “She sounded slurred and not coherent,” he said. Tom Mazawey and Sean Baligian, two show hosts at Detroit Sports WMGC 105.1 FM, explained Thursday some of the mistakes and failures that led to the station discontinuing its sports-talk format Wednesday after a 34-month run. The Detroit Free-Press reports questionable programming decisions, failing to provide a Detroit-centric morning show and the handling of the station’s key personality, Drew Lane, were among the key problems. But the biggest nail in the coffin came last fall, according to Mazawey. That’s when WMGC, owned by Greater Media, lost a bid for the Detroit Tigers' radio broadcast rights to The Ticket WXYT 97.1 FM. Mazawey said it wasn’t a fair negotiation after two Tigers executives broke a promise to make it a sealed-bid offer and tipped off The Ticket executives about the offer from Greater Media and WMGC, although a source close to the negotiations on the team's side told the Free Press late Thursday that there was never a sealed-bid offer as part of the process but declined further comment. In February, Baligian began hosting the 6 a.m. to 10 a.m. show with Mazawey and Marc Fellhauer. But for the first 30 months of its existence, WMGC, an ESPN affiliate, carried ESPN’s syndicated show “Mike and Mike.” Baligian said that didn’t cut it in a town crazy about its Detroit teams. “My goodness, when you think about it, for the 34 months that the station existed, 30 of those months had a national show, quite frankly, a New York-based show. I just don’t think that’s a good business model at all. I think by the time they learned that, I guess in retrospect, it was probably too late. Another problem was trying to make Drew Lane, a longtime Detroit radio personality known for his general banter, take a more sports-centric tack. Lane’s contract was not renewed in October. “Drew Lane was our linchpin,” Mazawey said. “We built the station around him, and then they go and tell him, ‘Well, you know what? We want you to change your show after 30 years in the business,’ or whatever he’s been at it. CBS Radio's WYCD 99.5 FM announced that award winning personality Linda Lee celebrates her 20th year on WYCD Thursday, making her the longest consecutive female country music air personality in Detroit history. Lee began her career at WYCD as a member of the morning show, and then later teamed up with co-host Chuck Edwards for the long running “Edwards & Lee” afternoon drive show. The pair were together on WYCD for 16 years, gathering many accolades along the way including the 2010 & 2015 Michigan Association of Broadcasters (MAB) “Personality of the Year”, the 2014 Gracie Award for “Outstanding Morning/Afternoon Personality” and 2011 CMA for “Personalities of the Year”. When Edwards moved to mornings in late 2015, Lee teamed with Rob Stone for the “Rob & Linda” show, which can currently be heard from 3:00 pm to 7:00 pm over-the-air, online at www.wycd.com or via the Radio.com app for mobile devices. Apple Inc. is in talks to acquire Tidal, a streaming-music service run by rap mogul Jay Z, according to people familiar with the matter. The Wall Street Journal is reporting Apple is exploring the idea of bringing on Tidal to bolster its Apple Music service because of Tidal’s strong ties to popular artists such as Kanye West and Madonna. Jay Z bought the service in March 2015 for $56 million from Swedish company Aspiro, which had created the brand Tidal. He has given 19 famous artists and bands small stakes in Tidal and promised each millions of dollars worth of marketing, according to people familiar with the matter. Tidal charges $20 a month for a high-fidelity version of its 40 million-song catalog or $10 a month for standard-quality sound. Tidal said it has 4.2 million paying subscribers, most of whom it amassed this year with a string of exclusive releases from stars including Mr. West, Rihanna and Beyoncé. Tidal is also the only service offering the catalog of the late pop star Prince, who was wary of other streaming services but had a close relationship with Jay Z. Prince died in April at the age of 57 of an overdose. But the company has experienced management turmoil, churning through three chief executives, one of them interim and one appointed by prior management, in less than a year. Jeff Toig, former chief business officer of SoundCloud, a Berlin-based audio-sharing service, has been CEO since January. Though it hasn’t generated significant revenue for the industry given its relatively low subscriber numbers, Tidal has an artist-friendly reputation, thanks to its artist ownership, high-quality sound and the fact that it only offers paid subscriptions, which generate far more for the industry than ad-supported services. The Justice Department dealt a blow to the music industry this week when it declined to change the longstanding regulatory agreements that govern ASCAP and BMI, two of the industry’s oldest and largest clearinghouses for royalties, according to The NY Times. The two agencies have argued that modifying their consent decrees, which have been in place since 1941 and have not been updated in more than a decade, was urgently needed to adapt to the new world of online music, and the agencies’ petitions followed several years of conflict and litigation with Pandora Media over royalty rates. Music publishers have warned that the streaming era has led to a precipitous decline in songwriters’ income, with the consent decrees partly to blame. Although the Justice Department’s recommendation carries great weight, any alterations to the consent decrees must be approved by two federal judges overseeing the cases, and the performing rights organizations could object to the changes in court. After a two-year review, the Justice Department this week denied a series of requests by ASCAP and BMI, including the ability for publishers to have more control over licensing their music to digital services. And in a move that has caused widespread worry throughout the music publishing world — the side of the business that deals with the lucrative copyrights for songwriting — the government has also said that, according to its interpretation of the consent decrees, the music agencies must change a major aspect of how they license music. The agencies must now adopt a policy known as “100 percent licensing,” which means that any party who controls part of a composition can issue a license for the whole thing. In the case of major pop hits, which tend to have many songwriters, there can sometimes be a dozen or more parties involved. Democrats on the Federal Election Commission voted in secret to punish Fox News' sponsorship of a Republican presidential debate, using an obscure law to charge the network with helping those on stage. It is the first time in history that members of the FEC voted to punish a media outlet's debate sponsorship, and it follows several years of Democratic threats against conservative media and websites like the Drudge Report. A Republican FEC commissioner leading that fight, Lee E. Goodman, revealed the vote to the Washington Examiner Wednesday. Goodman has led the fight against several other efforts to censor conservative media by Democrats on the FEC. "The government should not punish any newsroom's editorial decision on how best to provide the public information about candidates for office," he said. "All press organizations should be concerned when the government asserts regulatory authority to punish and censor news coverage." At issue was the Aug. 6, 2015 Fox presidential debate. Initially, the network planned to host one debate featuring 10 candidates. But as the date got close and the nearly two dozen GOP presidential candidates were close in the polls, Fox added a second debate that included seven other candidates. Redstone: Viacom CEO Attempts "Futile" R.I.P.: Former Station Owner Louis Appell Jr.

2019-04-25T21:49:21Z

http://mediaconfidential.blogspot.com/2016_06_26_archive.html

My name is Michael Jack. I am a former Ontario Provincial Police officer. I am an Israeli-Canadian of Russian Jewish heritage. The correct spelling of my given name (in Latin letters) is Mikhail. However, it has never been used in any documents. I have always used Michael. My former surname in Russian, before it was “changed” to Jack, is (in Cyrillic) Жак (properly pronounced: Jacques). I was born on December 16, 1972, in St. Petersburg (formerly Leningrad) in Russia. I lived in St. Petersburg for 17 years until February 1990, when our family (my mother, my father and I) immigrated to Israel. From February 1990, until September 2000, I lived predominantly in Israel, where I attended a marine technological school and marine college and served in the Israeli Navy from May 1993, until April 1996. From May 1996, until July 1997, I worked in the Israeli Merchant fleet – I lived and worked on a number of different merchant ships wherever they sailed. From July 1997, until September 2000, I worked for Intel Electronics Ltd. From September 1997, until September 1998, I lived and worked in the USA as part of my job related training. From September 1998, until September 2000, I lived and worked in Israel. In September 2000, I immigrated to Canada. I lived in Peterborough, Ontario from September 30, 2000, until December 2010. From January 2001, until August 2006, I studied and worked at Trent University in Peterborough, during which time I earned two degrees – Bachelor of Science in Computer Science and Master of Science in the Applications of Modeling in the Natural & Social Sciences. I graduated from Trent University with a 91.4 cumulative average and during my schooling I was the recipient of multiple awards and prestigious scholarships for my academic achievements, teaching assistance, interpersonal and leadership abilities, and research accomplishments. From January 2007, until July 2008, I worked as a course instructor (adjunct faculty professor) in the Computer Science department at Trent University. In August 2007 I met the Chief of York Regional Police, Armand La Barge, in the Trent University’s weight lifting room. At the time, I was teaching Computer Science courses on a contract basis and was looking for a permanent job where I could maximize my skills and cash in upon the knowledge and skills acquired over the 35 years of my life. At the time, the Chief was completing his Master’s degree in Canadian and Native Studies at Trent University. During a few workouts together we talked a fair amount and among other things discussed our traveling and academic experiences, books we read in common, spirituality, religion, physical fitness and firearms. In one of the conversations towards the end of August the Chief said that I had some great qualifications. He further suggested that modern police services were looking for people with multilingual and computer skills and that I was a good candidate for becoming a police officer. I did not know much about policing at the time, but the Chief presented himself to me as an erudite and wise man and literally inspired me and gave me the encouragement to re-evaluate the direction of my life. I decided then and there that I would pursue a career in policing. In March 2008 I obtained my O.A.C.P. Certificate of Results (a mandatory set of tests required to be passed by an applicant to qualify for applying with any police service in the province of Ontario) through the Ontario Provincial Police (OPP) and applied to the York Regional Police and the Ontario Provincial Police. A couple of weeks later I also applied to the Halton Regional Police. The OPP was the first one to get back to me and invite me for an interview. On May 29, 2008, I was interviewed by two recruiting sergeants (Sergeant Joanne Whitney and Sergeant Steve Haennel) at the OPP headquarters in Orillia. Some 20-30 minutes after the interview, when I was en route to Peterborough, I got a phone call on my cellular phone from Sergeant Haennel who told me they believed I was a good fit for their organization and they had a psychological assessment ready for me on the following day if I was interested, to which I immediately agreed. He also said that I could come in dressed casually. On May 30, 2008, I successfully passed my psychological assessment and informed Sergeant Haennel that I had been scheduled for an interview with the Halton Regional Police on June 6, 2009, and asked him for advice on my course of action. Sergeant Haennel said that while he could not tell me what to do, he said, 'We want you' and reassured me that they were going to put my application on a fast track. There was a feeling of trust in what he was saying to me so I cancelled my interview with the Halton Regional Police service and informed Sergeant Haennel about it via email the following day. Sergeant Haennel was true to his word and my was fast-tracked. It was conducted by Constable Alice Jolicoeur (badge 7454). On or about July 25, 2008, I signed an offer of employment from the OPP and was advised of my posting at the Peterborough County OPP Detachment. On or about July 27, 2008, I got a call from a York Regional Police recruiter inviting me for an interview, which I turned down due to the fact that I had already been hired by the OPP. For almost eight years that I studied and worked at Trent University, which is a multicultural environment comprised of students and faculty from all over the world, there has not been a single incident where I felt I was discriminated against or harassed based upon my strong Russian accent, place of origin, ethnic origin, racial status, creed, or the fact that I was not originally from the Peterborough area. I was valued and appreciated for my work ethic, initially as a student and then as an instructor in the Computer Science department. During my time at Trent University it never dawned on me that outside of the University boundaries in the Peterborough area I would encounter a different environment. I did not know what I was getting myself into when I was posted at the Peterborough Detachment. Not only did I have no opportunities at the Peterborough Detachment to apply my multilingual, multicultural and computer skills (which were the very reasons I chose the occupation of a police officer based upon the suggestion of a Police Chief that my skills constituted great assets in modern policing), but in addition to numerous violations of Ontario Provincial Police Orders with respect to dealing with me I was also subjected to acts of harassment, racial and place of origin discrimination because I was well-educated, was not a local, was of a Russian Jewish heritage, was of Israeli citizenship and most notably spoke English with an extremely noticeable and thick Russian accent. From September 1, 2008, until November 27, 2008, I attended the Ontario Police College in Aylmer from which I graduated with a 91.6 cumulative average (course average was 81.5; number of recruits approximately 470). At the college I was the recipient of the 100% on the Ontario Police Fitness Award (only 5 recruits (1%) received the award). From November 30, 2008, until January 9, 2009, I was trained at the Provincial Police Academy. At the Academy I was the recipient of a “Top Dog” award for being the best in my class (108 recruits) in handgun use based on draw speed, shooting speed and accuracy. From January 12, 2009, I was posted at the Peterborough County OPP Detachment as a Probationary Constable (my badge number was 12690). From January 12, 2009, until August 20, 2009, I worked on Platoon ‘A’ shift. My shift supervisor was Sergeant Robert Flindall (badge 9740) and my coach officer was Constable Shaun Filman (badge 11212). From August 21, 2009, until December 15, 2009, I worked on Platoon ‘D’ shift. My shift supervisor was Sergeant Peter Butorac (badge 6901) and my second coach officer was Constable Richard Nie (badge 10517). Staff Sergeant Ron Campbell (badge 6385) was the Operations Manager from before I reported to the Peterborough Detachment until late November 2009. Inspector Mike Johnston (badge 6138) was the Detachment Commander from before I reported to the Peterborough Detachment until October 2009. Accused me of answer shopping and when I stopped asking questions for fear of reprisals accused me of not asking questions and when I started asking questions again accused me of asking questions I already knew answers to. There was a total aberration of policies (be it the Ontario Provincial Police Orders or Human Rights Code or the Ontario Public Service) when it came to dealing with me. On December 15, 2009, I was released from employment with the OPP based on my failure to meet the requirements of the position of a Probationary Constable based on my unsatisfactory work performance during my probationary, that is, discriminatory, harassing, bulling, humiliating, derogatory and oppressing period. I was not dismissed from employment with the OPP because of budget cuts or because there was a shortage of the positions. As a matter of fact, during my time at the Peterborough County OPP Detachment, the detachment was understaffed – we were short of 5 police officers! My dismissal from employment was orchestrated by a few officers from the Peterborough County OPP Detachment who were biased against me and targeted me with all they had. The majority of them were locals with a scope of view limited to their county only. They deliberately turned a blind eye to the potential I had and the benefits I could have brought to the OPP in the long run. What a shame! What a disservice to the very organization they are part of! When I was driven back from the City of Kawartha Lakes Detachment on December 13, 2009, by Sgt. Peter Butorac after having been served by Staff Sergeant Mike Reynolds with the Notice of Proposed Release from Employment, I was talking about how wrong everything that was done to me was at which time Sgt. Butorac told me that they could only do so, so long, until someone who has a lot of money sues the OPP. I did not understand the significance of his revelation to me at the time, but I certainly do understand it now. While I have very little money at my disposal, I have my strong will and dedication to this case, for I firmly believe that evil must be punished. Currently I have an application before the Human Rights Tribunal of Ontario (HRTO 2010-07633-I). The first set of 3 hearing days took place on May 22-24, 2012. The second set of hearing days took place on November 1-2 and 5-7, 2012. Furthermore, on March 15, 2013, my friend and representative filed a Statement of Claim (CV-13-476321) on my behalf with the Ontario Superior Court of Justice in Toronto. This claim is literally all I have to live for and coupled with my strong desire to expose the truth about the OPP and how its minority employees who speak with a thick accent are treated, I am extremely concerned of prematurely filling a withdrawal of my Application before the Tribunal in the event that my claim is barred from proceeding for whatever reason. The barring reason that is of primary concern to me is that of over-coming a perceived breach of the Limitations Act. For that reason we have put forth a motion before the Tribunal requesting that my proceedings before the presiding Vice Chair Mr. Keith Brennenstuhl be frozen on the grounds that this Statement Claim has been filed and that a motion for withdrawal will be forthcoming should the claim be allowed to proceed. Having analyzed the Respondent's disclosure (volumes upon volumes of information) the picture is clear. After the two ride-alongs in August 2008, with two Peterborough County OPP officers – Constable Marc Gravelle (badge 12091) and Constable John Pollock (badge 11714) – unbeknownst to me, I was labeled crazy Russian ('Crazy Ivan') who allegedly killed 'shot' many people during my time with the Israeli Army. Subsequent to that I was subjected to the so-called "follow-up" on my completed background investigation and an additional psychological assessment with the OPP's civilian psychologist Dr. Denis Lapalme on my first day at the Provincial Police Academy. While I had successfully passed both of the additional checks, as a result of the Defamation by Libel and Slander my work environment at the Peterborough County OPP was poisoned prior to me even reporting there for duty. Those acts of Defamation injured my reputation and lowered me in the estimation of some members of the Peterborough County OPP Detachment and in particular caused them to regard me with feelings of hatred, contempt, ridicule, fear, or dislike. In short, I sensed that I was not welcome by some members of the Peterborough County OPP Detachment on my very first working day there. Despite my first coach officer (Constable Shaun Filman) treating me like a leper I managed to stay afloat for a few months due to being proactive at studying the job on my own, receiving help from those who were willing to assist me and relatively light workload compared with the busy summer period. When the busy summer season began, instead of helping me, some officers, primarily Sergeant Robert Flindall and Constable Jennifer Payne (badge 9931), started deliberately targeting and ‘drowning’ me. Specifically, on one occasion on July 23, 2009, I was directed by Sergeant Robert Flindall to have an individual arrested and charged with Criminal Harassment (SP09164458) and to continue the detention of the individual by having him held for a ‘show cause’ hearing the next day before a Judge or Justice so as to get the individual released on certain conditions. This was contrary to everything that I was taught since there was legally no statutory authority to justify the continued detention of such an individual especially since I, as the Officer in Charge of the investigation, could impose the same conditions that a Judge or Justice would. I was left alone to work overtime on the case - a case that due to the tenderness of my service I had absolutely no experience dealing with. Upon the advice of Constable Jamie Brockley (the common-law spouse of Constable Jennifer Payne-Brockley at the time) I arrested and then released the prisoner the following day on a Promise to Appear and Undertaking before an Officer in Charge for Criminal Harassment. I released him with certain conditions. Sergeant Flindall, who was on vacation at the time was telephoned by Constable Jennifer Payne and advised that I had disobeyed his directions. Upon his return Sergeant Flindall reprimanded me sternly in the presence of my coach officer, Constable Shaun Filman and an Ontario Provincial Police Association representative stating to me among many other things, ‘I have never had such an incompetent recruit yet.’ Sergeant Flindall went on to tell me that my job was in jeopardy for mishandling the investigation and taking too long to complete it. He also denied the approval of the overtime I incurred while working on this case. It was my overtime work after the individual was arrested and released that revealed that there were no grounds to charge the individual. However, as per the orders of my supervisor I had to do so. Failure to have complied with his order would have certainly resulted in giving him grounds to charge me with Disobeying an Order under the Police Services Act. Basically, I arrested and charged an individual without due investigation simply because his brother-in-law coerced his wife to use police to take the individual off their back for owing him large sums of money. Had I only been given more time to properly investigate the matter, I would have never charged that individual with anything. He should have either been spoken to or in the worst case scenario had a Peace Bond imposed on him through the courts. As a result of the overall treatment thus far, which I could continue writing about on and on, I contacted the Ontario Provincial Police Association on August 4, 2009, and conveyed my concerns to them. However, it was not long after doing so that I started experiencing severe reprisals. Sergeant Robert Flindall and Constable Jennifer Payne literally launched an annihilation campaign against me in an open manner and in dire violations of the Ontario Provincial Police orders. The overall treatment that I endured was also criminally wrong. The 'Crazy Ivan' nick name that was given to me was slanderously defamatory. Moreover, an e-mail from Sergeant Brad Rathbun of the Peterborough Detachment in August 2008 (months before I even commenced my employment at the Detachment) wherein he inferred that the OPP ought to have had some concerns about granting employment to an individual that is bragging about the many people he has killed (shot) during his service time with the Israeli Army was libelously defamatory. First of all, it was filled with lies and secondly, I served with the Israeli Navy and not the Army. More so, during my three year term I never experienced any form of combat duty so how could I have killed anybody or even shot anyone? Another act of criminal negligence by the OPP was their accusation of me associating with Undesirables. I was investigated by their Professional Standards Bureau based on an internal complaint initiated by Sergeant Robert Flindall because in February 2009 I showed to Constable Shaun Filman and Detective Constable Jamie Brockley a six year old photograph that showed me standing with five other individuals at a fitness facility in Peterborough. Detective Constable Jamie Brockley advised me that two of the individuals in the photo, whom I have never associated with and never had even any contact since the August of 2003, had criminal involvement and were linked to Albanian organized crime. I expressed interested in taking part in an undercover operation since those individuals did not know I was a police officer and since I have always detested and strongly opposed to illicit drugs. However, seven months later, which was 'coincidentally' shortly after I contacted the Ontario Provincial Police Association seeking help from the ongoing and continuous harassment, members of the Peterborough Detachment filed an Internal Complaint against me alleging that I was associating with Undesirables. Hence, the allegation specifically referred to Canadian citizens of Albanian origin who had criminal records as Undesirables. No Canadian citizen deserves to be labeled as such. Especially in this day and age where one frequently hears about police charges being erroneously laid that in turn ruins lives. These acts of the OPP were contrary to sections 300, 301 and 319 of the Criminal Code of Canada. When in mid-August 2009 Acting Superintendent Doug Borton attempted to rescue me by moving me away from Sergeant Robert Flindall's and his minions’ direct targeting, Sergeant Robert Flindall discredited and maligned me (i.e. falsely charged me under the Highway Traffic Act, fabricated a number of my performance evaluation reports and fraudulently alleged that I refused to sign two of them, fabricated Professional Standards Bureau investigation against me alleging that I was associating with an Albanian organized crime group, further poisoned my work environment by spreading negative rumors about me). Then I was thrown into his next-door neighbor and subordinate officer's hands (Constable Richard Nie) to finish me off. Beginning September 2009, I was assigned to a new patrol zone – Zone 2 (I worked in Zone 3 for the first 8 months and mind you, it takes many months to adequately learn zone geography). I was forbidden to work on my own. I was forbidden to work paid duties. I was forbidden to work over time. From the first hour on the new platoon Constable Richard Nie started constantly finding "faults" with me and meticulously documenting them in his notebook and in my monthly performance evaluation reports. On later reflection I realized why he was doing this. The targeting did not stop and the neighborly relationship, which I only learned about many months after my termination, between Constable Richard Nie and Sergeant Robert Flindall meant that the plan to terminate my employment was being carried on. Constable Richard Nie was particularly skilled in terminating minority probationary officers. He demonstrated this quite effectively during his "coaching" of Probationary Constable Harry Allen Chase and was able to justify his forced termination. Not only did he carry out the plan to a tee, but he also drilled into my mind (through constantly picking on me, belittling me, humiliating and oppressing me) that I was a total failure. It took only two weeks, from the beginning of our work together on September 9, 2009, for Constable Nie’s sadistic "coaching" methods to oppress me to such a degree that I no longer offered explanations for my rationale for doing things and accepted his psychological harassment, mental and emotional tormenting of me quietly and in a docile manner. His was my master. I was his slave. At one point, on October 17, 2009, to be precise, I broke down and cried in the cruiser while he just sat next to me and smiled. There was absolutely no compassion or empathy from him. What kind of person one has to be to smile when another human being is crying? This, according to Psychiatrist Marie-France Hirigoyen, is the intent of many abusers: to systematically "destabilize" and confuse their victims (with irrational, threatening behavior that preys on the victim's fears and self-doubts), to isolate and control them and ultimately to destroy their identity. Such acts are often difficult to reverse or rectify, and the process is likened to a literal assassination of human life. It is the Cold Blooded Destruction of Our Most Valuable Personal Asset - Character. The damage sustained lasts a lifetime. On the contrary I, an educated individual (a former University instructor), was brought down to my knees and executed by the local Old Boys Club (mafia). Any tightly knit group of trusted associates. A closed group of people in a particular field, having a controlling influence. Any small powerful or influential group in an organization or field; clique. Some of the Peterborough County OPP officers were prejudiced against me due to my race, ethnicity, ancestry, religion, place of origin and citizenship rather than reasonable grounds. They formulated opinions about me which were not based on my merits, but rather on my membership in a group with the same characteristics. This is the essence of discrimination. I was singled out for greater scrutiny and differential treatment. I was entirely on my own in Canada, with my landlord being the closest person to me. At Peterborough Detachment, on the other hand, nepotism was thriving. My key personal respondents: Sergeant Robert Flindall, Constable Jennifer Payne-Brockley, Constable Shaun Filman, and Constable Richard Nie were all local to Peterborough area with a scope of view limited to their county only. All four of them had good working relationships that in all probability extended beyond the confinement of police work. Sergeant Robert Flindall and Constable Jennifer Payne were very close friends. Sergeant Robert Flindall and Constable Richard Nie were next-door neighbours. Sergeant Flindall’s father (Inspector Bill Flindall) used to be a Peterborough County OPP Detachment Commander. Constable Shaun Filman’s father (Constable Brad Filman) used to be a senior Constable at the Peterborough County OPP Detachment. Moreover, Sergeant Robert Flindall’s wife, Constable Tanya Flindall, was a Constable with the City of Kawartha Lakes Detachment, which is a neighbouring detachment, and later on transferred to Peterborough Detachment. Constable Tanya Flindall is a sister of Sergeant Trevor Banbury who in turn was a shift supervisor at Peterborough Detachment. Thus, Sergeant Robert Flindall and Sergeant Trevor Banbury (badge 10270) are brothers-in-law (and good friends too). Moreover, Sergeant Trevor Banbury’s father was a Sergeant at Peterborough Detachment. Constable Jennifer Payne and Constable Jamie Brockley (badge 10489) were common-law spouses at the time and are now married. Constable Mike Gravelle (badge 11788) and Constable Marc Gravelle (badge 12091) were brothers at the Detachment. Constable Jeff Knier (badge 11703) and Constable Amanda Knier (badge 12695) were husband and wife at the detachment. In short, without naming anymore names at this point, there were many more officers at Peterborough Detachment who are originally from Peterborough County, residents of the county and are probably related in some way. In short, local mafia. The police officers who targeted me are all local to Peterborough. So much for the Ontario Public Service and the policies of the Ontario Provincial Police with respect to valuing diversity, treating everyone with dignity and putting public interests above private interests. Something terrible happens when poorly educated and narrow minded people put the uniform on and are given power over others. They become Nazis. It is a universal truth and a historic fact. Given my status as a foreign-born individual I had to work very hard for many years to earn the job of a police officer in Canada. Compared to me, my personal respondents got their jobs as police officers very easily. They stole my job from me. They caused significant mental damage to me. They maligned my reputation. They virtually stole my life. Had the OPP not offered me employment I could have been and most probably would have been hired either by the York Regional Police service or Halton Regional Police service where I would have certainly put my multicultural and linguistic skills to use since both of the services invited me for an interview and from what I know they do value officers with multicultural backgrounds. Even if the OPP had not hired me, I could have been working elsewhere and living a normal life. Unfortunately, the OPP hired me first and totally ruined me as after the termination of my employment with the OPP, no organization, let alone police services, wanted to have me on board. The OPP literally turned me into an “Undesirable” (OPP’s term). Even Brinks would not get back to me. If other officers that came along with me were not subjected to similar treatment that I was, can I be mistaken or faulted for having the perception that I, a highly-educated and hard-working minority and a member of a marginalized group, have been singled out and harshly targeted by some officers at the Peterborough Detachment? Please take a minute to visit the OPP’s website and OPP’s website page. Do you see the cultural and racial diversity of police officers the OPP so much prides itself on having? Alas, the reality appears to be different. I was not given a chance to perform my duties in a safe, harassment-free work environment. Despite the OPP’s claims to promote and accept diversity in the workplace, due to my cultural heritage and unique personality I was singled out as an outsider by both my commanders and platoon members leading to harassment and racism in the workplace. Differences in my accent and manner of speech were used against me as a communication problem. I have never had any problems in any of my previous places of employment or school. However, if they considered it inferior on any level, I was not provided with any communication training if this was the case. Also, at various times I found that my confidential discussions were leaked back to those harassing me. It was clear as they were all interconnected. I also encourage you to familiarize yourself with the Stanford Prison Experiment and see for yourself how normal people’s psychology and behavior can be altered in a very negative way in a matter of only a few short days. I, on the other hand, had to live and work for a period of almost a year in a workplace environment where I was discriminated against, harassed, bullied, humiliated, belittled, subjected to unreasonable demands and unsubstantiated criticism, being made to feel like a marionette and oppressed and retaliated against for standing up for my rights. No wonder at one point I asked Cst. Nie for permission to go to the washroom. For me, just knowing that justice will be done, is paramount for my dignity. I believe the only way I can ever know why this happened is to have all the truth come out in a public inquiry. I want to bring my private misfortune into the public realm for personal, legal and political resolution. I am convinced that if I am successful in my legal action then my ordeal and my struggle might reduce the possibility of somebody else having to go through what I did. My priority right now is to get to the bottom of the case and make sure this does not happen to any other minority within the OPP in the future. Hence, not only have I been fighting for my rights, but I have also been fighting for those who have been defamed, targeted, bullied and discriminated against, but never got justice. I was forced to resign from the OPP on December 15, 2009. From January 2010, Constable Lloyd Tapp and I worked on the preparing a strong case and filed an Application before the Human Rights Tribunal of Ontario (Tribunal) on December 13, 2010. I spent the last bit of my savings in a $2,500.00 retainer fee and secured the services of a reputable law firm Feltmate Delibato Heagle that felt the appropriate place to adjudicate his case was before the Tribunal. Since the filing of my Application my counsel removed herself from the case for personal reasons. I simply could not afford the legal fees and I was just thankful that a reputable firm had initiated justice for me. It is really sad that only the financially independent can afford such services. The average citizen has to resort to struggling to prosecute such cases to the best of their limited abilities. I then sought assistance from Mr. Tapp and he volunteered to represent me before the Tribunal. The hearing of my case commenced on May 22nd, 2012, and continued until the 24th. The matter was being heard by Vice Chair Keith Brennenstuhl of the Human Rights Tribunal of Ontario situated on the 14th Floor at 655 Bay Street, Toronto, ON M7A 2A3. The hearing continued on November 1st, 2012, and ran until November 7th, 2012. It was not until Day 4 of the hearing (November 1, 2012), that began with the Vice Chair’s strong recommendation for mediation, that Mr. Tapp and I realized that the Tribunal was limited in scope as to what it is allowed to do and that a Claim should have been initiated via the Superior Court of Justice. As the Vice Chair explained the Application could be frozen pending the outcome of the Claim. It was at this time that Mr. Tapp and I explained to Mr. Brennenstuhl that we believed all along, that being that a reputable law firm decided that the Tribunal was the appropriate place to proceed with the Application, we would have to finish there before commencing with a Claim. Needless to say, when mediation failed that morning the hearing continued and that very day Mr. Tapp started drafting up my Claim to be filed with the Superior Court of Justice. Mr. Tapp used the one hour lunch break to start working on the Claim. The hearing continued as scheduled until November 7, 2012, and then was adjourned until another block of five days could be determined by the Tribunal. In the meantime the hearing and the start of the cross examination strengthened me to the point that I was then committed to seeing my Claim pursue a course of justice via the Superior Courts. To that end, Mr. Tapp drafted a request for an order to have the hearing deferred and served it on the Tribunal and the OPP. Where my Ontario Human Rights Tribunal Application dealt with the OPP’s non-compliance with the Human Rights Code, my Claim dealt with Defamation by Slander and Libel that laid the foundation from which the OPP so casually and confidently violated my rights with respect to the Ontario Human Rights Code and played a role in laying a foundation of contempt towards me at the Peterborough Detachment of the OPP. This contempt turned into a lack of respect and utter disdain towards me from many of the personnel at the detachment. The continued defamation then fostered hatred towards me to the point that I was viewed as an undesirable and even formally accused of associating with undesirables. This very act is something that I will never forgive the OPP for. And yes, as astounding as it may sound, the OPP actually refers to Canadians who happen to have criminal records or have had criminal involvement as Undesirables. And so I sought justice via the Superior Courts of Justice in Toronto. My aim was to see my Claim proceed through to the very end of a trial so as to hold the OPP accountable for their actions and bring about an appropriate remedy. I wanted to bring transparency to the OPP and show the public the truth rather than the lies the OPP professes in their mission statements and core values. I had nothing to lose other than, as William Shakespeare wrote ‘A pound of flesh'. Unfortunately, and like many others, I was disappointed to experience the reality of justice in Canada. Many Canadians have observed that the Superior Courts only cater to the financially independent. If one cannot afford a lawyer they are barred by the Rules of Civil Procedure, the Courts of Justice Act and the Law Society of Upper Canada from having a friend who may possess a little more knowledge for representing them or even assisting them. What they are left with is having to face, in many instances, formidable giants who have an unlimited supply of finances at their disposal and try their best with their limited knowledge to prosecute their action. Such was my case. My claim was dismissed on April 2, 2014, by Justice Kevin W. Whitaker due to the Statue of Limitations and due to the Collective Agreement between the OPPA and the OPP. Though the collective agreement states in article 4.01(c) that a probationary constable cannot grieve their dismissal or termination of employment, counsel for the OPPA and the OPP argued that I was not dismissed or terminated but resigned. And that despite the indisputable and irrefutable evidence presented to the courts that Mr. Justice Whitaker obviously did not even bother to look at. What a farce! Mr. Tapp and I did our best by explaining that the resignation was not something that I drafted and handed in but it was a preprinted letter by the OPP that was presented to me with two options – sign this letter of resignation or be fired right away. Simply put, I was coerced into signing a resignation letter while two Ontario Provincial Police Association representatives, Karen German and Marty McNamara sat behind me quietly and did not intervene at all. To this end I have come to realize that the courts in Ontario are no place for the truth. They cater "justice" to those who have superior power and/or access to superior resources. Though the OPP put me on my knees once they will not do so again. After an unsuccessful attempt to seek justice via the courts my deferred application before the HRTO has been reactivated. During the course of the two hearing days on September 21 and 22, 2015, I was cross-examined by the counsel for the respondent, William J. Manuel, after which he attempted to dismiss my application based on no-reasonable prospect of success. However, my application was not dismissed and the hearing of my case before the HRTO has continued between February 8 and February 12, 2016, at 655 Bay Street, 14th Floor, Toronto, Ontario. During the course of those five hearing days a total of 13 witnesses were examined-in-chief by my friend Lloyd Tapp and personally by me when Lloyd fell very sick and could not attend the hearing for two consecutive days. The witnesses testified in the following order, Sergeant Brad Rathbun, Constable Marc Gravelle, Constable Kevin Duignan, Inspector (retired) Mike Johnston, Constable Mary D'Amico, Constable Melynda Moran, Sergeant Jason Postma, Mr. Marc Greco, Constable Jamie Brockey, Constable Karen German, Staff Sergeant Colleen Kohen, Chief Superintendent (retired) Mike Armstrong, Superintendent Hugh Stevenson. On February 11, 2016, a group of approximately 20-25 paralegal students, along with their instructors, attended the hearing. They had learned that my case was the longest running case before the HRTO so their instructors brought them to observe the proceedings. Needless to say, their attendance was very inspiring and encouraging. The hearing of my case before the HRTO has been scheduled to continue between September 7 and September 16, 2016, at 655 Bay Street, 14th Floor, Toronto, Ontario, starting at 09:30 am, during which time six more witnesses are expected to be called to testify, namely Staff Sergeant (retired) Ron Campbell, Sergeant (retired) Peter Butorac, Constable Shaun Filman, Constable Jennifer Payne, Sergeant Robert Flindall and Constable Richard Nie, in whatever order the respondent's new counsel will call them. The respondent has yet again changed their legal counsel. Mr. William J. Manuel was replaced by Mimi N. Singh. While it is hard to believe it remains a fact that the respondent has had six experienced legal counsels working on this case to date, namely Marnie Corbold, Lynette D'Souza, Lorenzo Policelli, Heidi Blutstein, Bill Manuel and Mimi N. Singh, all of whom are on the Ontario Sunshine list, against two ordinary citizens with no legal experience whatsoever - a poor immigrant and a poor unemployed police officer. Isn't that sad? I want to thank all the people who have been supporting me through this process. It is amazing how many ordinary people provided me with their support. I have gotten numerous correspondences from people saying that I am a true man, that I am making them proud for trying to hold accountable the thugs in uniform, that the OPP is corrupt, that there are many dirty cops in the Peterborough OPP Detachment and that the detachment is inherently corrupt, that it was a gift to my soul not to become a permanent member of the OPP, etc. In short, I got a lot of support and encouragement and very few denunciations from members of the public who the OPP professes to serve. Thank you to all the people who have been supporting me!

2019-04-23T20:49:03Z

http://racisminopp.org/michael.html

Few other subjects in school take the trouble to help students learn how to generate original ideas, designs, and composition. In art class, even though the ability to generate ideas is central to the process of art and central to the success of artists, many art teachers do not realize that idea generation can be intentionally taught. We fail to divulge these secrets to our students. I have known a few art teachers that did teach idea generation, but only used one method of generating ideas. Too often, we expect students to produce art products before we teach them how to get ideas for the products. A few are intuitive enough to do it well. We wonder why most of them tend to borrow from others, why they copy, and why we get junk unless we show them an example. School science labs often prescribe the experiments, but they seldom teach how to come up with an experiment. Science teachers explain the scientific method, but fail to have their students postulate things to test scientifically. Instead, they are very busy teaching about what other scientists have already postulated and tested. How can students in these classes learn how to come up with their own ideas for experiments. Imaginative thinking is at the core of art, science, and a number of other disciplines, but the science of imaginative thinking is kept secret from students. Their teachers do not talk about it nor explain it. Imaginative thinking is often not practiced as part of these courses. For many students the source of ideas for art really remains a mystery. Many students continue to lack the confidence as well as the thinking skills to generate and develop their own ideas. In some instances, art students are expected to learn by copying work from the teacher, from magazines, or from the students around them. Science class experiments are prescribed rather than invented. As adults, these students may be good imitators, good office and factory workers, but not well suited to solve new problems. They grow up to trust the ideas of experts, and fail to consider their own ideas. They have not learned critical assessment. In some cases they tragically follow the wrong experts and their life becomes a failure—at times even creating violent and tragic consequences. In The Five Minds of the Future, Howard Gardner, originator of the theories of multiple intelligence, makes the case that a well educated and prepared individual in the future needs five essential competencies. By the end of high school students should be on their way to learning a discipline, have a mind that can synthesize diverse ideas and information, and be creative. Additionally, he argues that these talents are of no use unless the person is also respectful and ethical. In Gardner's eyes, the arts play a key role in the development of the five minds of the future. To be sure we all need to learn some facts in the course of development of a discipline, but for most part we can access what we need to know in a few seconds using a search engine and the Internet, but no amount of access to the world of facts helps us put it together into the form we need (the synthesizing mind). No computer can predict the next problem that is being caused by a poorly designed solution. No search engine or computer program can create a new solution to our problems without the power of creative minds behind it. An art class can be operated in ways that address all five of Gardner's concerns. Indeed, many art classes are doing this today. As humans we are very efficient at learning by imitation. I recently read an online discussion by a group of art teachers on the topic of idea generation. They felt that showing examples of work by last year's students and work by professional artists would teach students how to generate ideas. Maybe? Often this practice does the opposite. Yes, the students get ideas, but they do not learn how to generate ideas. They get ideas. They get them by copying the ideas of others. Learning to copying ideas is the opposite of learning to generate ideas. Copying is a work-around to avoid learning idea generating strategies. It avoids the need to teach the strategies used by successful artists. Recently, brain scientists Giacomo Rizzolatti, Leonardo Fogassi, and Vittorio Gallese at the university in Parma, Italy, discovered and identified mirror neurons in our brains. Mirror neurons are the "monkey see/monkey do" neurons. Scientists first found them in monkeys, but human brains are even better at this than monkey brains. Teachers and educational researchers all know that imitation is extremely efficient at getting students to learn to do a given task. In fact the mirror neurons are extremely important to our early development, as well as for much subsequent learning. Imitation frequently happens without any "teaching". Teaching to get a mirror neuron practice response requires modeling, demonstrating, or showing examples. Our mirror neurons cause us to imitate without thinking. It is instinctive. At first it may be amateurish, but it is relatively effortless and we may even be surprised at our first efforts. Do we consider this teaching? Yes. For some types of learning I agree that this is the best kind of teaching--and it works so well that we may have forgotten that it is not for everything. The mirror neurons are perfect for certain kinds of dexterity skills. Imitation is probably the best approach for keyboard training, for learning to write cursive, for firearms training, for learning to master clay on the potter's wheel, and any number of skills for which we are not looking for a better approach. Not every task calls for innovation. Many physical genius tasks call for a good deal of expert modeling and imitation practice. As art teachers, we do not have to reinvent throwing on the potter's wheel. In using a potter's wheel, a master potter could be the best teacher for the physical skill, but may not always be the best teacher to help students understand how to assess the merits of original expressive work. Since the advent of the industrial revolution, pottery has morphed into an art form rather than an everyday necessity. This does not negate the need to learn the physical aspects of throwing. It is just to say that art teachers have a complex task that often includes widely different goals that need to be tailored to vastly different parts of the mind. As an accomplished potter myself, I am convinced that the skill is important, but idea generation strategies need to be learned along side the craft--not postponed until after the skill has been mastered. Because of advances in reproduction methods, pottery skills are no longer needed in mass quantities for purely subsistence containers. Even when pottery is used to make containers, today they are referred to as vessels. Vessels contain metaphor and meaning as well as physical contents. Pottery today is an art forming process. HOW IS THE REST OF THE BRAIN DEVELOPED? This leaves us with the dilemma of how to teach students to learn how to learn to do the not-given task. How do we teach imagination, critical thinking, transfer of knowledge, synthesizing, and choice making when there are so many choices to imitate in life? Imitation may be great when the expert has the right solution, and when you can be sure that you have selected the best of the right experts. However, as things change, sooner or later imitation fails. The experts are quickly out-dated, but the package label on ideas does not include a shelf-life designation. On the other hand, imagination is the ability to see the unseen before it happens. It is the ability to imagine possible discoveries before they take place. It is the ability to design the experiment that was never before designed because the means to do it had never been invented or discovered until now. Imagination attempts to assess scenarios before they exist. We need lots of current information (more widely available than in the past) plus an ability and passion to imagine non-existent information and scenarios in order to tell if the expert may be out of date or wrong. But, how do we teach imagination, innovation, skepticism, and critical thinking? We do not have to reinvent the wheel, but we do have to teach invention. A school lesson that could teach us HOW to INVENT the wheel would in fact be be very useful (as invention practice). Imitation teaches us how to make wheels in today's world, but it was imagination that brought about the invention of the wheel. The wheel was not invented by the mirror neuron. Nothing has ever been invented by imitation. 'Imagination neurons' (my invented term to describe whatever part of the brain is used during imagination) only grow if they are used. They require assignments and practice. When they are not used they atrophy. In teaching art some parts of the curriculum are simply not the kinds of things that we can expect to teach by employing the students' mirror neurons. Art, by definition, is no longer art when it is copied or reproduced. We do not learn how to learn to think like an artist by using our mirror neurons. We need to understand this. However, many students and some art teachers fail to consider this. They know by experience that imitation is working well for them, and some art teachers encourage it by showing examples when it is inappropriate. To the student it looks like something to imitate. To the teacher, it looks like art. It may even look better than art that a student has developed honestly. However, how will our students learn how to use their imaginations and critical thinking skills unless we are teaching them to use the methods that 'imaginers' and critical thinkers use? Simply taking away the examples without teaching the use of the elusive 'imagination neurons' leaves the kids out in the cold. We should not be surprised if they look for something to copy. Schools, parents, and society do so much to condition us to be spectators rather than active strategic game players. As teachers we constantly say, "Please pay attention, watch closely, listen carefully, and so on." Original thinking becomes very risky, and most of us stop doing it. Studies show that we loose our divergent thinking ability as we mature. Using eight tests of divergent thinking, researchers gave the tests to 1600 preschool children. Why does this happen? We should not assume that education, parenting, and societal factors are the only causes of this reduction in creative thinking habits and skills. The normal biological development of our brains may be programmed to change the way the brain works as we mature. Divergent thinking allows our brains to scan all compartments and categories to look in all the unexpected places for a possible ideas. Young children have fewer fixed categories, so it may be natural for their brains to be open, flexible, and quick about this. As we accumulate more knowledge we categorize things and our brain tries to keep a log and remember where everything is--or at least how to look for it. As we mature the volumes of information and the categories become immense at the same time that our brains become less flexible. It gets harder and harder for us to scan all the compartments. The need to get things organized seems to be a very important part of our evolved genetics (and sanity). Furthermore, we know that genetics varies between individuals. Some of us inherit different personality traits. We may be predisposed to be more or less capable of divergent thinking and creativity. How much of this loss of divergent thinking ability as we mature is only because of our genetic programming (inheritance) as we get older? How much is because education is built around the efficiency of imitation, thereby failing to encourage and teach us the ways and appropriate times to use our imaginations? We cannot say, but common sense tells us that good education that requires us to continue to practice divergent thinking could continue to nurture the neurons and brains that can think divergently, creatively, and synthesize unrelated and disconnected new information more skillfully. Education that merely trains us to unquestionably acquire the knowledge of experts and believe it will allow the imaginative, creative, and synthesizing neurons to atrophy. To the extent that the youthful brain is malleable, creating art is a perfect venue in which to practice and nurture the brain's imaginary powers to make choices and synthesize experiences and and materialize expression. Art is an ideal venue with which to practice imagining many scenarios that go beyond anything experienced in the past. When students write about art, describe it, have discussions about artistic quality, and create aesthetic descriptions of their surroundings they can be learning to make creative connections with their own experiences and they can imagine and speculate about lives they have have never actually observed or experienced. Like good science education that encourages observation and wonderment about how things work, art education also needs to build minds that observe, wonder, imagine, and create. Imagination requires divergent thinking. Imagination can give us practice in the ability to hold a variety of different and conflicting notions in our minds simultaneously. On the other hand, once we are conditioned by our teachers to follow an example or an expert instead of finding joy in considering opposites and alternatives, we find it too frustrating to mess with all the options. We capitulate and follow the majority position, the fad, or whatever worked last time, and whatever happens to be popular at the moment. When we see education as merely producing experts at imitating experts, we fail to foster most of what is our human potential. Einstein who was very intelligent, cautioned us by saying the imagination is much more important than intelligence. Yet, schooling methods are often directed toward gaining knowledge and skills (not imagination) because the educational research easily shows how well the mirror neurons work. Very little educational effort goes into imagination training because studies to validate it are much harder to do and more expensive to design and administer. Little effort goes into assessing and testing imagination (divergent thinking). Our testing fails to evaluate how much of our minds are being left behind as the result of our teaching methods. If we want No Mind Left Behind, we need to change how and what we assess in order to design effective teaching/learning paradigms for the nurture of critical thinking, divergent thinking, synthesizing minds and creating minds. In addition to minds that have a discipline, can synthesize and create, Gardner proposes that we also need respectful and ethical minds. I believe we do this in art classes when we foster the empathic mind. Art class lends itself ideally for students to become more empathic. For example in group critiques we make special efforts to learn how to make comments that consider the needs of the other. When raising questions about peer artwork we learn to use the golden rule, platinum rule (asking a question that helps a peer become aware of something that they did not notice, while owning the inability to understand the creator's intention), and the silver rule (asking an open question that clarifies). We avoid the lead rule and the arsenic rule (I leave it the reader here to imagine the toxic comments implied by lead and arsenic). Many art teachers know the secrets of fostering empathic studio culture where peer teaching is the normal expectation. Nobody helps by giving answers and solving problems for others. Advanced peers learn to help by learning how to phrase questions that foster experimentation, play, and divergent searches for ideas, solutions, and refinement of quality artwork. When these art teachers wisely manage peer learning they are developing empathic minds. Very little learning takes place unless the teacher is able to put herself into the mind of her student. The empathic stance is essential for any good teacher to design learning tasks that are challenging, of interest to students, and not too difficult for the students' abilities. It is very normal and instinctive for humans to seek expertise from those who are slightly older or slightly more capable. When art teachers promote empathic peer learning they are able to provide very good one-to-one learning for larger and larger numbers of students. Good teachers realize that they must monitor and educate peer teachers to be sure they are empathic and refrain from ever giving answers. By being sure peer teachers learn to understand and foster self-learning and thinking on the part of their peers, professional teachers are multiplying their own potential exponentially. As change accelerates, society needs fewer imitators and more innovators to survive and succeed. Our mirror neurons and imagination neurons do not evolve very fast, but education needs evolve now. Imitative production is perfect training for a society based on dictatorship and on slave workers. Democracies and free societies fail unless citizens learn to think on their own, learn to select the best experts (not the evil or power hungry regressive ones) when given a choice, and learn to generate good ideas when working in the field of their own expertise. This requires critical thinking about aesthetics, philosophy, and ethics. The prerequisite to all of this is the cultivation of divergent thinking that can imagine what has not yet existed--not imitation. As society becomes more global and technology increases communication as well as massive destructive forces, creativity without empathy becomes too hazardous to imagine. Education fails unless it manages to wed the competent mind with the empathic mind. Art education is one place where this can and should happen. Typically, art teachers assign homework sketchbooks. Students are asked to turn in or show their sketchbooks periodically. The purposes are to get practice in drawing, to become more aware of their everyday surroundings, and to accumulate a collection of relevant ideas for artwork projects in class. These are such good goals that it would be better to bring them into the core of the course. Suppose we reverse the curriculum. Turn it upside down. Let them do the final projects as independent homework* and use the class time to learn how to become aware, to learn how to draw, and most importantly to learn how to generate ideas for artwork. This may be too extreme for may teachers, but think about it. Many artists use sketchbooks as their idea journals. They expect ideas to come at unexpected times, so they use the sketchbook as a journal. This is too important to the life of an artist leave it chance and mere self-instruction. Our students need to see it as central to the life an artist--not optional--not merely homework. Suppose art lessons would stop being primarily concerned with the end product. What if class work would be primarily about the way artists generate ideas for their work? What if the end product became the homework. In this inside out curriculum proposal, the majority of class sessions are given to the development of ideas, preliminary sketches, etc. The majority of the end products are produced as homework. Every grading period would require every student to make choices from many possible ideas and complete only one final product as homework. What could be more like the life of a real artist? What if these products were routinely assessed on ethical and empathic standards, on creativity, and on traditional artistic quality standards? In this model each student selects any one class activity and idea developed in class since the beginning of the course for the one required final product per grading period. Students who want to increase their chances of a better grade could make more final products, but only the grade on their best and most empathic one during each grading period would be counted. This is similar to an emerging artist working to produce a portfolio of superior work. Only the best examples are included in our portfolios, while many other practice works are never exhibited. Teachers would find it less important to show examples of last year's best student examples. It would no longer feel important to flood the students with examples by great artists before the lesson starts. Students have class time and the benefit of instruction to produce a rich stash of ideas for their artwork. Art History and the art world content becomes concept centered rather than product centered. Works are studied for why they were made (how did they serve the cultural and societal needs of the time) and for how the artist strategized them. Teachers learn to teach this way by analyzing accomplished artists and how they each generate their ideas. Students study art history, but to avoid confusion, they would not study art history as a way to get an idea for their work. They would generate ideas, do artwork, and then (after the creative work) the teacher would guide them to historical exemplars that also employed some aspect or concept similar to the the student's work. The grading criteria is also turned upside down and inside out. This is not a rubric yet, but it is a list of ideas that might form the basis for the assessment rubric when the art course is directed toward generating creative ideas rather than getting preconceived end products. demonstrated creative thinking skills such as flexibility, fluency, skepticism, opposites, similarities catching, etc. In addition to the above grading criteria, a standard artwork grading rubric is used to grade the artwork done as homework. Perhaps 25 percent of the grade could be based on homework. Some of the idea generation strategies involve teamwork. Some object to teamwork assignments because they feel that slackers will take unfair advantage of them. Teamwork, has its own set of skills and abilities. Nearly every vocation, parenting, and most life tasks are dependent on teamwork skills. Many young students are not natural team players, or have not had a chance to learn to be productive team members. This teamwork rubric may give them a better understanding and appreciation for ways to learn good teamwork skills. Also see this essay on Grading in Art . Example class strategies to learn art by learning to generate original art ideas and empathy Please note that this is but a short list of teaching methods that do not rely on examples. Art teachers have many other good ideas. You should try your own ideas and assess them. Please share what you learn. College courses alone do not make us into good teachers. College teachers have also learned to exploit our mirror neurons to the exclusion of imagination training. The best teachers are continually experimenting and assessing their own teaching experiments. When your experiment does not work, do not just drop it. First figure out what you forgot to do, or what else you need to add to make it work. Teaching is like making a painting--we learn by doing, assessing, and doing it again. I may paint over yesterday's painting, but yesterday's painting experience continues to inform today's artwork. In this sketch search, all drawings must be of something in the art room that no student in the class has ever seen in a drawing before. What do we overlook? What does the art teacher not notice? What is hiding in plain view? BUIILDING AWARENESS - Students are given five to ten minutes to walk around the room with viewfinders and small drawing boards, clipboards, or unlined sketch pads. A 2x2 slide frame can be used as a viewfinder. Each student makes three or more quick compositions in 4 x 6 inch pre drawn rectangles on their paper. they make one drawing per sheet on letter size computer paper. Drawings must fill the 4 x 6 space. COMPOSITION - Before starting, students generate a set of compositional choices to make as they use their viewfinder. This is a list generated by the class in a discussion of what makes an "interesting, effective, compelling, dynamic, original, and evocative" composition. The teacher can find these kind of ideas in the composition chapter in most photography books, but the teacher should not tell the students the answers. Using questions, the teacher can assess the students' ability to think of things that effect composition and phrase more questions to get the students to think of ideas about composition. Student ideas about compositional attributes are listed on the board and become criteria to use while using the viewfinders. ASSESSING CHOICES - The first four students to finish meet with the teacher long enough for the teacher to make sure they know what to do next. They make sure every drawing meets the criteria of not having been drawn before. They then listen to each other and counsel each other on which of each student's ideas would make the best drawings or paintings. They state their reasons. QUEST FOR QUALITY step 1 - In round two, the students repeat the process of making sketches, but this time they are allowed to steal anybody else's discoveries, but they have to find their own unique viewpoint and framing of the subject if they are using another student's subject. QUEST FOR QUALITY step 2 - After another discussion of the results, each student develops one or two of their best 4 x 6 inch sketches into a value study by adding dark areas, and (if needed) erasing white areas until the drawing has a complete tonal range from white to black with all negative (background) area intentionally completed. PEER CRITIQUE - Each student selects one sketch for a wall display and/or to take home and make it into a larger work. Each student randomly draws an name from a box and has to answer questions about one other student's drawing. Answer the questions: What do you see? Why do you notice it? What do you see next? Why? What could be a title? What is one question you have about it? Only positive or neutral comments and no negative written or verbal comments or questions are allowed about the work of peers. a. Paint what these sounds looks like. The teacher plays contrasting sounds, music, etc. Small paintings experimentally adapt to the different sounds. These sounds can be made acoustically in the class by hiding the action in order stress the sound instead of the visual experience. b. Draw the visual textures to represent noises. Students fill small pre drawn rectangles with marks that produce the look of textures. c. Draw the pictures that illustrate a story (as a comic strip). Students create examples of each of these ideas and similar ideas in their journals. Use class time to practice these transformations and allow students to make final products as homework* based on one their best ideas. Ideally, homework is based on inspiration and is optional. This is the way art is done by artists. The daily routine is based on discipline and self-assignments, and the great works are the result of inspiration as the result of preparation. Style variations. Have students do self-portrait sketches using mirrors. Have them make some surreal, some expressionistic, some formalistic, and some realistic. Use class time to do the mirror sketches. Allow students to make a homework painting based on one these. Allow them to take paint home in film canisters or baby food jars. This page gives ideas on getting enough mirrors for the classroom. Attribute listing used to design something. One example that I have used is a clay soap dish design project. Students list soap attributes, ceramic attributes, person (the primary user) attributes, bathroom attributes, etc. In one case a student made a very creative elephant soap dish because her aunt was an elephant collector. Her user attributes were about her aunt. This produced a unique and creative idea. The bar of soap inserted in the mouth of the elephant. Big holes in the belly drained and dried the soap (soap attributes) The attribute listing would be the class activity. Teams of students would compete for the honors of generating the most complete and most unique lists of attributes for a product design. Class time is used to learn this. Allow students to make final products based on one of these ideas as homework. Last spring a gardener student made a clay wheelbarrow for his soap. Capricious composition generation. Such as: activities that produce many accidents from which students have to make choices. i.e. drop five flat toothpicks and place a 35 mm slide frame over them to frame the best possible design. Hold it down tight and pencil in the negative spaces. Do this five times and rank them from best to worst designs. Use class time to do it and assign students to make final products based on one these ideas as homework. Create a designs by creating transition. Students draw something from nature from observation like the cross-section of an onion with some greens still attached, or an apple cut open to show the inside, the stem, and an attached leaf. Overlay the first drawing with thin paper and trace it slightly abstract. Overlay the tracing and trace the tracing slightly abstract. Repeat ten times, each time trying to end up with the design for a piece of clay, wood carving, a coffee table, a lamp base, a sculpture, or other art or craft product. Use class time to do this design work and assign students to make final products based on one these ideas as homework. Unlikely juxtapositions Students change normal expectations. Hard things are soft. Large is small. Smooth is rough. Down is up. Inside is outside. Brittle is flexible. Light is dark. Natural becomes geometric. Manufactured goods grow on the farm. Numbers become animals. Dream world ideas are developed. Each student does 10 sketches, selects three to improve. One is improved at least three times. Final project is an improvement made from the improved version. Transformation What would a theme park look like if it is designed for house flies and maggots, or for butterflies, pupa, egg, and caterpillars? What would this classroom look like if it was made into apartments for homeless families? How our classroom look if was changed into a prison? What if the part of the school would be changed into a petting zoo, a garden, a water garden? What if our school building would be made into a shopping mall or a computer factory? I there is an old abandoned building nearby, what could it be used for? What would happen if the your city or town planted 1,000 trees, where should they be planted? What could be built on the roof of the school building? Translation. Create several small non-objective collage compositions that are based on the relationships that exist in the family of each creator. These collages must depend on the relationships of of color, texture, shape, value, and so on. Allow no subject matter so that students learn to consider formal elements instead of images to communicate their content. Students are told that they are not required to share or tell about the basis for the composition so the they can confidentially use their real feelings. Use class time to do the collage experiments. Assign homework to make final paintings based on one these ideas. Collaborate to Compete Many of today's jobs require creative and productive teamwork and leadership skills. Form several teams for the purpose of generating more and better art ideas. Set up competition between the teams for the number and quality of ideas that they develop for art that is based on their own deeply held interests, feeling, experiences, and beliefs. What and how could art make the world in which they live a better world? What if teams pass around their drawings, collages or, or assemblages as they work. They work on each other's work to develop enough ideas so that each team member can then redo one of outcomes to make it into a personal cohesive composition that incorporates new ideas contributed by others on the team. Teamwork rubrics are used to encourage and assess the quality of each team member's abilities to work well in a collaborative simulation. These would assess things like listening ability, tolerance for diverse ideas, ability to contribute unusual ideas, ability to see and find good relationships between very different ideas, ability to ask good questions, ability to encourage seek ideas from those who are not contributing, and the ability to summarize and synthesize well. These rubrics apply to both discussion and visual rendition of their work. The rubrics are used by each team member to help assess each of the other team members. The teacher provides each student with a feedback rubric that is based on the teacher's judgment as observed by the teacher and as it has been informed by teammate rubrics. Teams would give themselves names, develop identities, working strategies, and compete with other teams for art honors. Art students in other art classes are asked to predict the outcome of the judging (as a learning experience). If possible, two other art teachers or a community artist or two are called in. Judging students would not be told the identities of the artists on the teams they are judging. Synectics. Assess each student's special interests and hobbies. Form diverse teams made up of very unlike interests and hobbies and ask each group to create unified collages and/or 3-d assemblage sculptures made up of a combination of their interests without using any words and without ready-made pictures. Explain metaphor and analogy. Have them list metaphors and analogies for their interests and hobbies. Have them use visual metaphor and analogies to represent their interests in the collages and assemblages. Ask them to negotiate emphasis, repetition, and unity. After the teams develop joint ideas, individuals are permitted to redesign individual final projects as homework. Conceptual art. Students write and illustrate the imaginary history of a mysterious still life object (comic book style). What if a Granny Smith apple is drawn as a portrait of what Granny Smith must have looked like and what she wore the day she discovered the Granny Smith apple. Can a piece of driftwood be explained then drawn in terms of its life in a castle or some imaginary unrecorded prehistory. Design a still life that is represented by the molecular diagrams of the materials (molecules) present in the still life. What is the story of a stone age tool if it is illustrated at the moment of its invention? Can good and bad art be created and shown with a halo and devil or some other symbolic designation? Other ideas. a. When you see other art teachers, ask them how they teach idea generation. Ask writing teachers how they do it. Ask science teachers how they teach students to get ideas for experiments. b. Ask your own students to give you their ideas for how to get new ideas. Let everybody know how important it is to learn this. Many art teachers can legitimately argue that art homework would not get done in their communities. Others will argue that only some families in their communities would support and encourage their children to do art homework. I agree that this feels unfair to some children. If this is a serious issue, consider in-class alternatives, but continue to do whatever is possible to cultivate other kinds of homework culture. This link is a proposal for homework that is not homework in the traditional sense. It is "thinkwork" to be done outside of class. If is unrealistic to expect students to make projects at home, plan the class sequence to provide a similar curriculum without the homework component. Use three sessions when students work at three different ways of finding good ideas for artwork. The next two sessions could be used to produce one art work based the experiences of the first three sessions. Students are required to make choices that grow out of their first three sessions. Once students select an idea to develop you might even instruct the students to hide (put away) their preliminary work in order to get them to creatively respond to the materials and content of the work itself as it develops as they work. Think of all the preliminary planning as mind preparation, but not as a final plan. Ask them how they can continue what was done in the first three sessions as they work on on the final project. There could be many variations on this. 3 --Land, George. and Jarman, Beth. Breakpoint and Beyond: Mastering the Future Today, ©1992 Harper Business edition. page 153. In this reference related to divergent thinking, Land and Jarman are referring to studies reported by Calvin W. Taylor in Creativity: Progress and Potential, 1964, New York, McGraw Hill, chapters 2 - 4. This was work done during the early days of the Head Start program. 4 -- the Sol LeWitt quote is from Peter Schjeldahl in "Conceptual Motion" The New Yorker, August 3, 2009, pp. 76-7. What is the matter with copy work. Should art teachers stop making suggestions when asked for help? A 4 minute video showing hands-on experimentation as learning. The following is a note about this page from a Canadian art teacher. It also relates to an essay describing art class warmups. I've used warm ups for the past couple of years to establish the introductory routine to the class. It opens students up to expect the unexpected from me!! Have you tried an idea for teaching the generation of ideas in your class? I welcome an email note with your ideas for improvements, your questions, or other creative ideas that occurred to you or your students as you worked with teaching creative thinking. I invite readers to send me their ways to generate new ideas. Let me know if I may share and if you wish to be credited. All rights reserved. This page © Marvin Bartel, Emeritus Professor of Art, Adjunct in Art Education, Goshen College. Teachers many make a single copy for their personal use so long as this copyright notice is included. Scholarly quotations are permitted with proper attribution.

2019-04-23T12:19:39Z

http://www.bartelart.com/arted/ideas.html

2012-10-08 Assigned to MINDFRAME LLC reassignment MINDFRAME LLC CHANGE OF NAME (SEE DOCUMENT FOR DETAILS). Assignors: MINDFRAME, INC. An acute stroke recanalization systems and processes include catheter-based improved reconstrainable or tethered neurological devices which are deliverable through highly constricted and tortuous vessels, crossing the zone associated with subject thrombi/emboli, where deployment impacts, addresses or bridges the embolus, compacting the same into lumenal walls which enables perfusion and lysis of the embolus, while the improved neurological medical device itself remains contiguous with the delivery system acting as a filter, basket or stand alone alternate medical device, depending on the status of the embolus and other therapeutic aspects of the treatment being offered for consideration. This application claims the full Paris Convention benefit of and priority to U.S. Provisional Application Ser. No. 60/980,736, filed Oct. 17, 2007; is a continuation-in-part of U.S. patent application Ser. No. 12/123,390, filed May 19, 2008; UK patent application no. 0922251.4, which is a national stage entry of PCT/US2008/083185, the contents of each being incorporated by reference herein in their entirety, as if fully set forth herein. The present disclosure relates to minimally invasive and catheter delivered revascularization systems for use in the vasculature, especially those suited for usage above the juncture of the Subclavian Artery and Common Carotid Artery. In particular, this disclosure relates to revascularization devices for use in treatment of acute ischemic stroke, including improved neurological medical devices which are tethered or reconstrainable self-expanding neurological medical devices. According to embodiments of the present invention, there are disclosed acute stroke revascularization/recanalization systems comprising, in combination; catheter systems having guidewires to access and emplace improved neurological medical devices into the cerebral vasculature, the systems including proximal stainless steel pushers with distal nitinol devices. According to embodiments, there are disclosed one-piece nitinol devices in combination with the above disclosed and/or claimed catheter systems. Briefly stated, according to embodiments a novel enhanced tethered revascularization device is deliverable through highly constricted and tortuous vessels, entering a zone associated with subject thrombi/emboli, where deployment impacts the embolus, compacting the same into luminal walls which enables perfusion and lysis of the embolus, while the revascularization device itself remains continuous with the delivery system acting as a filter, basket or stand alone revascularization mechanism, depending on the status of the embolus and other therapeutic aspects of the treatment being offered for consideration. According to embodiments of the system and processes of the present invention, in certain iterations, once deployed the instant system compacts the embolus against the luminal wall, creating a channel for blood flow which may act like a natural lytic agent to lyse or dissolve the embolus. According to embodiments, there is provided an improved neurological medical device which comprises, in combination, a catheter system effective for delivering a combination radial filter/revascularization device and basket assembly into a desired location in the cerebral vascular system, a self-expanding radial filter/revascularization device and basket assembly detachably tethered to the catheter system which functions in at least three respective modes, wherein the radial filter/revascularization device and basket assembly is attached to the catheter and wherein radial filter/revascularization device and basket assembly further comprises at least two states per mode, a retracted state and an expanded state; and wherein the radial filter/revascularization device and basket assembly may be retracted into the retracted state after deployment in an expanded state, in each mode. According to embodiments, there is provided a process comprising in combination providing a revascularization device tethered to a catheter by emplacing the system into a patient for travel to a desired location in a vessel having an obstruction/lesion and deploying the revascularization device by allowing it to move from a first state to a second state across a lesion which compresses the subject embolus into a luminal wall to which it is adjacent whereby creating a channel for blood flow as a lytic agent, and removing the system which the obstruction/lesion is addressed. It is noted that if blood flow does not lyse the blood embolus, lytic agents can be administered via the guidewire lumen, as a feature of the present invention. According to embodiments, there is provided a process whereby the revascularization device tethered to a catheter functions as a radial filter to prevent downstream migration of emboli. The U.S. Food and Drug Administration (FDA) has previously approved a clot retrieval device (The Merci® brand of retriever X4, X5, X6, L4, L5 & L6: Concentric Medical, Mountain View, Calif.). Unfortunately, when used alone, this clot retriever is successful in restoring blood flow in only approximately 50% of the cases, and multiple passes with this device are often required to achieve successful recanalization. IA thrombolytics administered concomitantly enhance the procedural success of this device but may increase the risk of hemorrhagic transformation of the revascularization infarction due to the mechanism of action of the Merci retrievers and length of time required to recanalize the veseel. There have been several reports of coronary and neuro-stent implantation used for mechanical thrombolysis of recalcitrant occlusions. In summary, stent placement with balloon-mounted or self-expanding coronary and neuro-types of stents has been shown to be an independent predictor for recanalization of both intracranial and extra cranial cerebro-vasculature occlusions. This provides some insight into approaches needed to overcome these longstanding issues. By way of example, self-expanding stents designed specifically for the cerebro-vasculature can be delivered to target areas of intracranial stenosis with a success rate of >95% and an increased safety profile of deliverability because these stents are deployed at significantly lower pressures than balloon-mounted coronary stents. However, systems using this data have yet to become commercial, available or accepted by most practitioners. The use of self-expanding stents is feasible in the setting of symptomatic large vessel intracranial occlusions. With stent placement as a first-line mechanical treatment or as a “last-resort” maneuver, TIMI/TICI 2 or 3 revascularization can be successfully obtained, according to clinical data now available. The literature likewise suggests that focal occlusions limited to a single large vessel, particularly solitary occlusions of the MCA, ICA or Vertebral and Basilar Arteries, may be preferentially amenable to stent placement and thus can help clinicians to achieve improved rates of recanalization. In addition, there's a predominance of ischemic strokes in females but gender doesn't appear to play a role in the success of self-expanding stent implementation. However, systems need to be designed to confirm this. Despite use of prourokinase rt-PA (recombinant tissue plasminogen activator) in the late 90's and increasing use of other antithrombotic agents (eg, Alteplase® and Reteplase®), recanalization rates remain approximately 60%. The major concerns with pharmacologic thrombolysis (alone) has been the rate of hemorrhage, inability to effectively lyse fibrin\platelet-rich clots, lengthy times to recanalization, and inability to prevent abrupt reocclusions at the initial site of obstruction. In PROACTII, ICH with neurologic deterioration within 24 hours occurred in 10.9% of the prourokinase group and 3.1% of the control group (P=0.06), without differences in mortality. Abrupt reocclusions or recanalized arteries has been found to occur relatively frequently, even with the addition of angioplasty or snare manipulation for mechanical disruption of thrombus, and seems to be associated with poor clinical outcomes. The use of other mechanical means has been reported to be effective in recanalization of acute occlusions. It makes sense that a combination of mechanical and pharmacologic approaches would yield greater benefit. A known investigation in an animal model has shown, both the Wingspan® brand of self-expanding stent and Liberté® brand of balloon-mounted stent (Boston Scientific, Boston, Mass.) were able to re-establish flow through acutely occluded vessels. The self-expanding stents performed better than the balloon-mounted stents in terms of navigability to the target site. The self-expanding stents incurred lower rates of vasospasm and side-branch occlusions, which suggests superiority of these stents, over balloon-mounted stents, to maintain branch vessel patency during treatment of acute vessel occlusion. In previous animal studies conducted, intimal proliferation and loss of lumen diameter were seen after the implantation of bare-metal, balloon-expandable stents. The literature further supports this set of issues. These phenomena are believed to be attributable to intimal injury created during the high-pressure balloon angioplasty that is required for stent deployment. Compared with coronary balloon-mounted stents, self-expanding stents designed for use in the intracranial circulation are superior because they are easier to track to the intracranial circulation and safer to deploy in vessels in which the true diameter and degree of intracranial atherosclerotic disease are unclear. Moreover, based on previous experience, currently available self-expanding stents provide enough radial outward force at body temperature to revascularize occluded vessels, with low potential for the negative remodeling and in-stent restenosis that are associated with balloon-mounted stents in nonintracranial vascular beds. Because self-expanding stents are not mounted on balloons, they are the most trackable of the stents currently available for the intracranial circulation. Unlike clot retrievers, which lose access to the target (occlusion site) every time they are retrieved (and often to necessitate multiple passes), self-expanding stents allow for wire access to the occlusion at all times, increasing the safety profile of the procedure by not requiring repeat maneuvers to gain access to the target site (as in the case for the Merci® brand of clot retriever). Self-expanding stent placement of acute intracranial vessel occlusions may provide a novel means of recanalization after failure of clot retrieval, angioplasty, and/or thrombolytic therapy. The patency rates in this series are encouraging, yet issues remain to be addressed. In the setting of acute stroke, restoring flow is of singular importance. In-stent stenosis or delayed stenosis may be treated in a delayed fashion on an elective basis, should the patient achieve a functional recovery from the stroke. Recanalization with self-expanding stents may provide flow through the patent artery, and restore flow to the perforators, or, alternatively, they may remain occluded. Restoring flow to the main artery, however, will reduce the stroke burden. What is needed is a solution leveraging positive aspects of stent-based treatment without the negative outcomes which have been associated with traditional stenting. FIG. 17 shows a front view of a stroke device. The present inventors have realized that by leveraging a conventional self-expanding revascularization device delivery platform, a poly-modic system can be iterated which impacts, addresses and/or crosses an embolus, radially filters, and either removes the offending embolus or is optionally emplaced to address the same. A paucity of extant systems effective for such combination therapies is noted among the art. Using endovascular techniques self-expandable tethered or reconstrainable self-expanding neurological medical devices offer instant revascularization/recanalization of MCA's and related vessels, without any of the traditional concerns associated with stenting, according to embodiments of the present invention. It is likewise offered for consideration that conventional stenting devices, systems, and methods, on balance, have become known to have deleterious impacts on the cerebral vasculature often out-weighing specific therapeutic benefits of the same. Expressly incorporated herein by reference are the following U.S. Letters patents and publications, each as if fully set forth herein: 2005/0119684; 2007/0198028; 2007/0208367; 2009/0125053; 2009/0105722; U.S. Pat. Nos. 5,449,372; 5,485,450; 5,792,157; 5,928,260; 5,972,019; 6,485,500; 7,147,655; 7,160,317; 7,172,575; 7,175,607; and 7,201,770. The instant system allows for natural lysis, revascularization of the challenged vessels, and importantly radially filters any particulates generated, to obviate the need to be concerned with distal migration of the same, unlike prior systems or applications which include largely “off-label” usages of devices approved only for aneurysms in the brain, or mis-matched stenting endeavors which also create issues. The present disclosure relates to revascularization devices used to treat, among other things, ischemic stroke. Naturally, therefore, the revascularization devices of the present disclosure are designed to be used in neuro-type applications, wherein the specifications of the present catheters and revascularization devices may be deployed in the blood vessels of the cerebral vascular system. Similarly contemplated for the revascularization systems and catheters of the present disclosure is deployment in other parts of the body wherein the specifications of the present disclosure may be used in other vessels of the body in a non-invasive manner. According to embodiments, disclosed herein is a catheter-based revascularization system. The revascularization devices of the present disclosure are for revascularization of blood vessels. When the catheter-based revascularization system of the present disclosure is deployed into a blood vessel having an embolus, the revascularization device is expanded thereby opening the vessel so that the vessel can resume proper blood flow. According to the instant teachings, deployment of the system of the present disclosure establishes immediate approximately 50% of the diameter of the lumen patency of the vessel being addressed. Among the prior art, no system having adequately small profile with flexibility to promote improved access for in-site treatment is known which may be used as a temporary (not implanted) solution. Those skilled in the art readily understand that detachment methods comprising mechanical, electrical, hydraulic, chemical, or thermal, and others are within the scope of the instant teachings. Moreover, as the embolus lyses, either via blood flow or by infusing lytic agents than the guidewire lumen, the deployed revascularization device radially filters larger embolus particles from traveling downstream, thereby reducing the chances of further complications. Once the blood vessel is revascularized, the revascularization device is modified to be in a removable state together with filtered detritus, and the catheter-revascularization system is removed from the blood vessels of the patient. Likewise, in the event that no resolution of the embolus is noted in the instant revascularization system the inventors contemplate detachment and employment as a stent of the cage-like membrane. Angiographic recanalization has been associated with improvement in clinical outcome in the setting of acute stroke resulting from acute intracranial thrombotic occlusion. Anatomic limitations (tortuous anatomy, length of the occlusion, or location of occlusion) or supply limitations are among the reasons precluding use of prior art systems until the adverse of the instant teachings. Stenting has been used successfully to restore flow after abrupt reocclusion occurring after recanalization with other modalities in previous cases. Stenting has also been reported in cases in which other modalities have failed to recanalize vessels. Even if an underlying stenosis is rarely the cause of stroke, stenting may play a role by morselizing the embolic clot or trapping it against the arterial wall. In spite of attendant risks, the literature suggests that the use of intracranial stents as a method for arterial recanalization during cerebral ischemia caused by focal occlusion of an intracranial vessel has been demonstrated to have benefits in some cases. Despite the use of available pharmacological and mechanical therapies, angiographic recanalization of occluded vessels has not been adequately achieved before stent placement, in most cases. This underscores the need for the present invention. When SAH and intracranial hematoma occurred in patients in whom balloon-mounted stents were used, they most likely resulted from distal wire perforation. The distal wire purchase needed to navigate a coronary stent into the intracranial circulation may explain the occurrence of these adverse events. Alternatively, multiple manipulations of the Merci® brand of retriever device or expansion of balloon-mounted stents may have induced microdissections in the vessel. Stents designed for intracranial navigation have better navigability and pliability. The Wingspan® brand of stent (Boston Scientific) was designed to have more radial force than the Neuroform® brand of stent and may further improve this technique. However, the art clearly needs to advance further in this area, as supported herein in FIGS. 6 and 7, inter alia. IA therapy for stroke has evolved during the past decade. Approval of the Merci® brand of retriever device represents a significant step toward achieving better outcomes in acute stroke for patients not suitable for or refractory to IV tPA. However, recanalization is not always achieved using this device. Therefore, additional treatment options are required, as offered for consideration herein. Spontaneous dissection of the internal carotid artery (ICA) is one of the main causes of ischemic stroke in young and middle-aged patients, representing 10% to 25% of such cases. Because infarct due to dissection is mainly thromboembolic, anticoagulation has been recommended to prevent new stroke in patients with acute dissection, provided they have no contraindications. In the acute phase, intravenous recombinant tissue-type plasminogen activator (IV rtPA) given within 3 hours after onset of stroke due to dissection is reportedly safe and effective. However, this often needs supplemental therapy to be effective. Endovascular treatment with stent deployment for ICA dissection with high-grade stenosis or occlusion may be most appropriate when anticoagulation fails to prevent a new ischemic event. In such cases, the MCA may be patent. However, to compare outcomes of patients with acute stroke consecutive to MCA occlusion due to ICA dissection treated either by stent-assisted endovascular thrombolysis/thrombectomy or by IV rtPA thrombolysis. Stent assisted endovascular thrombolysis/thrombectomy compared favorably with IV rtPA thrombolysis, underscoring the need for the instant device. The main limitation of this procedure is the immediate need for an experienced endovascular therapist. The number of cases of MCA occlusion due to carotid artery dissection was quite small and represented <10% of patients admitted for carotid dissection. However, despite these promising preliminary results, potential drawbacks related to the procedure must be considered. Acute complications such as transient ischemic attack, ischemic stroke, femoral or carotid dissection, and death have been reported. Other potential hazards of endovascular treatment of carotid dissection could have been observed. On balance, the risk-benefit favors solutions like the present invention. Most patients with acute cerebrovascular syndrome with MCA occlusion consecutive to ICA dissection have poor outcomes when treated with conventional IV rtPA thrombolysis, whereas most patients treated with stent-assisted endovascular thrombolysis/thrombectomy show dramatic improvements. Further large randomized studies are required to confirm these data, which trends likewise are technical bases for the instant systems. According to embodiments and as illustrated in FIG. 1, catheter-based revascularization system 100 provides a platform for lysing emboli in occluded blood vessels. Accordingly, catheter-based revascularization system 100 generally comprises control end 102 and deployment end 104. According to embodiments, control end 102 is a portion of the device that allows a user, such as a surgeon, to control deployment of the device through the blood vessels of a patient. Included as part of control end 102 is delivery handle 106 and winged apparatus 108, in some embodiments. Those skilled in the art readily understand module 113 (see FIG. 2) is detachable. According to some examples of the instant system during shipping of catheter-revascularization system 100, shipping lock (not shown) is installed between delivery handle 106 and winged apparatus 108 to prevent deployment and premature extension of revascularization device 124 (see FIG. 2) while not in use. Furthermore, by preventing delivery handle 106 from being advanced towards winged apparatus 108, coatings applied to revascularization device 124 are stored in a configuration whereby they will not rub off or be otherwise damaged while catheter-based revascularization system 100 is not in use. According to embodiments, agent delivery device 130 provides a conduit in fluid communication with the lumen of the catheter-based revascularization system 100 enabling users of the system to deliver agents through catheter-revascularization system 100 directly to the location of the embolus. The instant revascularization system delivery device may be made from materials known to artisans, including stainless steel hypotube, stainless steel coil, polymer jackets, and/or radiopaque jackets. Accordingly, luer connector 132 or a functional equivalent provides sterile access to the lumen of catheter-based revascularization system 100 to effect delivery of a chosen agent. Artisans will understand that revascularization devices of the present invention include embodiments made essentially of nitinol or spring tempered stainless steel. Revascularization devices likewise may be coated or covered with therapeutic substances in pharmacologically effective amounts or lubricious materials. According to embodiments, coatings include nimodipene, vasodialators, sirolamus, and paclitaxel. Additionally, at least heparin and other coating materials of pharmaceutical nature may be used. Deployment end 104 of catheter-based revascularization system 100 comprises proximal segment 110 and distal segment 120. Proximal segment 110, according to embodiments, houses distal segment 120 and comprises outer catheter 112 that is of a suitable length and diameter for deployment into the blood vessel of the neck, head, and cerebral vasculature. For example in some embodiments, proximal segment 110 is from at least about 100 cm to approximately 115 cm long with an outer diameter of at least about 2.5 French to about 4 French. Referring also to FIG. 2, distal segment 120 comprises inner catheter 122 and revascularization device 124 (as shown here in one embodiment having uniform cells, variable cells likewise being within other embodiments of the present invention), which is connected to inner catheter 122. Inner catheter 122, according to embodiments, is made from stainless steel coil, stainless steel wire, or ribbon or laser cut hypotube and is of a suitable length and diameter to move through outer catheter 112 during deployment. For example, inner catheter 122 extends from outer catheter 112 38 cm, thereby giving it a total length of between at least about 143 and 175 cm. The diameter of inner catheter 122 according to the exemplary embodiment is 2.7 French, with an inner diameter of at least about 0.012 to 0.029 inches. The inner diameter of inner catheter 122 may be any suitable diameter provided inner catheter 122 maintains the strength and flexibility to both deploy and retract revascularization device 124. Referring to both FIGS. 1 and 2, revascularization device 124 is a self-expanding, reconstrictable retractable device tethered to inner catheter 122. Revascularization device 124 may be made from nitinol, spring tempered stainless steel, or equivalents as known and understood by artisans, according to embodiments. Revascularization device 124, according to embodiments and depending on the particular problem being addressed, may be from at least about 3.5 mm to about 50 mm in its expanded state. In an expanded state, revascularization device 124 is designed to expand in diameter to the luminal wall of blood vessel where it is deployed. As known to artisans, revascularization device 124 may be coated or covered with substances imparting lubricous characteristics or therapeutic substances, as desired. Naturally, the expandable mesh design of revascularization device 124 must by a pattern whereby when revascularization device 124 is retracted, it is able to fully retract into inner catheter 122. The nature of the cell type likewise changes with respect to the embodiment used, and is often determined based upon nature of the clot. Catheter-revascularization system 100 is deployed through a patient's blood vessels. Once the user of catheter-revascularization system 100 determines that the embolus to be addressed is crossed, as known and understood well by artisans, revascularization device 124 is deployed by first positioning outer catheter 112 in a location immediately distal to the embolus. Then, to revascularize/reperfuse the occluded blood vessel, distal catheter 120 is deployed in a location whereby revascularization device 124 expands at the location of the embolus, as illustrated by FIG. 2. The embolus is thereby compressed against the luminal wall of the blood vessel and blood flow is restored. Modular detachable segment 113 is known also, and may be swapped out, as needed, if an Rx system is used. As discussed above and claimed below, creating a channel for flow ideally includes making a vessel at least about halfway-patent, or 50% of diameter of a vessel being open. According to other embodiments, the channel created may be a cerebral equivalent of thrombolysis in myocardial infarction TIMI 1, TIMI 2, or TIMI 3. Restoration of blood flow may act as a natural lytic agent and many emboli may begin to dissolve. Revascularization device 124 is designed, according to embodiments, to radially filter larger pieces of the dissolving embolus and prevent them from traveling distal to the device and potentially causing occlusion in another location. Because the revascularization device provides continuous radial pressure at the location of the obstruction, as the embolus lyses, the blood flow continues to increase. After the embolus is lysed, revascularization device 124 is resheathed into outer catheter 112 and removed from the body. According to embodiments, larger pieces of the thrombus may be retracted with revascularization device 124 after being captured in the radial filtering process. According to embodiments, revascularization device 124 may be detachable whereby the revascularization device 124 may detach from catheter-based revascularization system 100 if it is determined that revascularization device 124 should remain in the patient. As discussed above, illustrated in the Figures, and claimed below according to embodiments, catheter-based revascularization system 100 reconstrainable attachment or attachment by tether may be optionally detachable. Revascularization device detachment methods comprise mechanical, electrical hydraulic, chemical, thermal, and those other uses known to artisans. According to embodiments of the present disclosure, clot therapy may have one or more of at least three objectives or effects: maceration of a clot, removal of a clot, and lysis of a clot. Maceration of a clot refers to the process or result of softening of the clot or breaking the same into pieces mechanically or by using vascular fluids. For example, pressing or compressing the clot with a mechanical member can cause the clot to soften, break up or fragment, whereby, exposure of the clot (or portions thereof) to vascular flow may cause the clot (or portions thereof) to macerate, soften, or diffuse. Removal of a clot refers to the process or result of relocating the clot or portions thereof. A variety of methods may be employed to remove a clot, according to the present disclosure. Lysis of a clot refers to any chemical, biological, or other cellular or sub-cellular process or result of altering the structure of a clot. Lysis may refer to fibrinolysis—degradation of fibrin—within a fibrin clot by application of enzymes. For example, lysis may occur in the presence of plasmin, heparin, etc.; precursors or activation peptides thereof; or inhibitors of fibrin development. According to embodiments, characteristics of stroke device 200 may be controlled to modify the effect of stroke device 200 to achieve one or more of maceration, removal, and lysis of a clot. For example, hoop strength, stiffness, cell size, strut length, strut width, and strut thickness of stroke device 200 may be varied to provide customizable therapies to a clot. Blood vessels may experience loads from a variety of sources, such as the expansion of stroke device 200. Pressures applied to any cylindrical structure, such as a blood vessel, result in hoop, or circumferential loading of the vessel (FIG. 3A). Both the applied pressure and the resulting hoop stress have units of force per unit area, but these may differ in direction. As used herein, “pressure” refers to the force normal to the vessel wall, divided by the surface area of the lumen. As used herein, “hoop stress” is the circumferential load in the vessel wall divided by the cross-sectional area of the vessel wall (length times wall thickness). Thus, hoop stiffness (kθ) has a cubic relationship with strut width (w), a linear relationship with strut thickness (t), an inversely linear relationship with number of struts about the circumference (n), and an inversely cubic relationship with the strut length (Ls). Under a pinching load, the pinching stiffness (kp) of stroke device 200 has a cubic relationship with strut thickness (t) and a linear relationship with strut width (w). This is relationship is the inverse of the strut's influence on hoop stiffness (kθ). Thus, strut thickness (t) has a dominant role in pinching stiffness (kp) and strut width (w) has a dominant role in hoop stiffness (kθ). According to embodiments, a clot in an otherwise substantially radially symmetric vessel may tend to cause radially asymmetric deflection of a stroke device 200 as it is expanded against the clot. Both hoop stiffness (kθ) and pinching stiffness (kp) of stroke device 200 play a role in how stroke device 200 interacts with the clot. According to embodiments, for a given pressure provided by stroke device 200, a smaller strut width (w) increases the amount of pressure per unit area applied by stroke device 200. Thus, the struts 220 of stroke device 200 may more easily cut through a clot with a smaller strut width. According to embodiments, a larger strut width (w) improves channel development through a clot. Where a strut provides a wider width, it displaces a greater amount of clot against the walls of the blood vessel. For example, strut width of a stroke device may be from about 0.010 to 0.100 about microns. According to embodiments, stroke device 200 may provide both a chronic outward force (“COF”) and a radial resistive force (“RRF”). As used herein, chronic outward force (“COF”) is the continuing radial opening force of a self-expanding stroke device 200 acting on a vessel wall after having reached equilibrium with the vessel wall. As used herein, radial resistive force (“RRF”) is the force generated by a self-expanding stroke device 200 to resist compression. Generally, RRF is expressed in relation to the amount of relative compression to be achieved. According to embodiments, the COF of various vascular therapy devices are provided in FIG. 6. As shown in FIG. 6, the COF per unit length of each device (N/mm) is shown at each of a variety of diameters (mm). The devices shown are (a) IRIIS™ device (by MindFrame® of Lake Forest, Calif.), (b) Solitaire™ AB device (by ev3® of Plymouth, Minn.), (c) Enterprise™ device (by Cordis® of Bridgewater, N.J.), (d) NeuroForm3™ (by Boston Scientific® of Boston, Mass.) device, and (e) IRIIS Plus™ device (by MindFrame® of Lake Forest, Calif.). According to embodiments, the RRF of various vascular therapy devices are provided in FIG. 7. As shown in FIG. 7, the RRF per unit length of each device (N/mm) is shown at each of a variety of diameters (mm). The devices shown are (a) IRIIS™ device, (b) Solitaire™ AB device, (c) Enterprise™ device, (d) NeuroForm3™ device, and (e) IRIIS Plus™ device. A table is provided below showing the average COF and RRF of each of the devices tested. According to embodiments, stroke device 200 having relatively low COF and RRF is effective for facilitating maceration of a clot. For example, the range of COF and RRF provided by the Mindframe IRIIS device offers effective therapy requiring maceration of a clot. According to embodiments, stroke device 200 having relatively high COF and RRF is effective for facilitating removal of a clot. For example, the range of COF and RRF provided by the Mindframe IRIIS Plus device offers effective therapy requiring removal of a clot. According to embodiments, stroke device 200 may have a range of COF per unit length across given diameters. For example, COF may be from about 0.00590 N/mm to about 0.0090 N/mm at a diameter of about 2.0 mm and a COF from about 0.00165 N/mm to about 0.0038 N/mm at a diameter of about 4.5 mm. It is noteworthy that at such expanded states, stroke device 200 may provide a non-zero force. According to embodiments, stroke device 200 may have a range of RRF per unit length across given diameters. For example, RRF may be from about 0.011 N/mm to about 0.016 N/mm at a diameter of about 2.0 mm and a RRF from about 0.005 N/mm to about 0.007 N/mm at a diameter of about 4.5 mm. According to embodiments, stroke device 200 may have an average COF per unit across a diameter of 2.0 mm to 4.5 mm length across a diameter of 2.0 mm to 4.5 mm of between about 0.0023 N/mm and about 0.0073 N/mm, more specifically between about 0.0030 N/mm and about 0.0059 N/mm. According to embodiments, stroke device 200 may have an average RRF per unit length across a diameter of 2.0 mm to 4.5 mm of between about 0.0067 N/mm and about 0.0138 N/mm, more specifically between about 0.0083 N/mm and about 0.0127 N/mm. Therapy provided within these ranges may provide effective maceration toward the lower end of the range and effective removal toward the upper end of the range. According to embodiments, strut thickness of stroke device 200 may be from about 40 microns to about 60 microns. Strut width may be from about 50 microns to about 60 microns (for example, about 54 microns). Traditionally, in many stents and stent-like structures, one goal is to achieve a ratio of strut thickness to strut width of at least 1.4. Such high ratios have been traditionally preferred for sustaining long-term emplacement of the device. As those with skill in the art will recognize, a ratio of 1.4 or greater aides in the performance of the structure by guiding the manner in which the struts bend. By providing the struts with more thickness than width, the structure innately “knows” how to bend and load the struts. With such characteristics, the device is easier to manufacture because it improves shape setting, the device crimps better, and the device is better able to resist loading that is normal to diameter. Because pinching stiffness (kp) is predominantly determined by strut thickness and hoop stiffness (kθ) is predominantly determined by strut width, a structure with a relatively high ratio of strut thickness to strut width will provide relatively high pinching stiffness (kp). In other words, given a thickness to width ratio of at least 1.4, the pinching stiffness of the device increases rapidly when greater hoop stiffness are desired. For example, to increase the hoop stiffness at a certain rate to achieve desired hoop stiffness characteristics would cause pinching stiffness to increase by at least about double the rate at which the hoop stiffness is increased for ratios exceeding 1.4. These increases in pinching stiffness may result in undesirable characteristics of the resulting structure. In contrast, a structure with a relatively low ratio of strut thickness to strut width will provide relatively high hoop stiffness (kθ) without yielding detrimentally rapid increases in pinching stiffness. According to embodiments, stroke device 200 of the present disclosure may have a strut thickness to strut width ratio of less than at least about 1.1, 1.2, 1.3, 1.4, or 1.5, etc. For example, The ratio of strut thickness to strut width may be between about 0.7 to about 1.2. Stroke device 200 of the present disclosure may achieve this strut thickness to strut width ratio of less than 1.4 due to dimensional constraints. For example, stroke device 200 may achieve lower ratios where it is applied for temporary or short-term therapy rather than permanent or long-term emplacement. According to embodiments, cell size contributes to the effect that stroke device 200 has on a clot. As shown in FIG. 5, each open cell 210 of stroke device 200 may have a cell height and cell length, providing exposure from an interior portion of stroke device 200 to an exterior portion of stroke device 200. The cells 210 of stroke device 200 may include struts 220 and bridges 225 connecting struts 220. Bridges 225 may be of a variety of shapes and sizes, including “C” shapes, “S” shapes, straight shapes, etc. Cells 210 may form a variety of shapes, including diamonds, rectangles, and other polygonal shapes. According to embodiments, as shown in FIGS. 8A, 8B, 9A, 9B, 10A, 10B, 11A, and 11B, a variety of cell sizes and geometries may be provided to achieve desired outcomes during therapy. FIGS. 8A and 8B show a NeuroForm3™ (by Boston Scientific® of Boston, Mass.) device. FIGS. 9A and 9B show a Enterprise™ device (by Cordis® of Bridgewater, N.J.). FIGS. 10A and 10B show a Solitaire™ AB device (by ev3® of Plymouth, Minn.). FIGS. 11A and 11B show a IRIIS™ device (by MindFrame® of Lake Forest, Calif.). As shown in FIGS. 12, 13A, 13B, and 13C, individual cells 210 are shown with emphasis. FIG. 12 show views of each of a Solitaire™ AB device, a NeuroForm3™ device, and a Enterprise™ device. FIGS. 13A, 13B, and 13C each show an IRIIS™ device. The respective cell sizes of each are shown with emphasis. In particular, FIGS. 13A, 13B, and 13C show similar cell geometries with distinct cell sizes and the impact on the overall structure of the respective device. A relatively larger cell size is shown in FIG. 13A, with a relatively smaller cell size shown in FIG. 13C and an intermediate cell size shown in FIG. 13B. According to embodiments, stroke device 200 having a larger cell size facilitates removal of a clot by allowing larger portions of the clot to be isolated as the closed portions (e.g., struts) of the cells apply pressure and force to the clot. The larger cell sizes cause larger portions of the clot to remain, whereby the relatively larger portions may be more readily captured and removed with stroke device 200 or other devices. Variation of radial strength can affect removal characteristic such as the ability to navigate through the intracranial vessel tortuosity. According to embodiments, stroke device 200 having a small cell size facilitates lysis of a clot by breaking the clot into smaller portions. The smaller cell sizes cause smaller portions of the clot to remain, whereby more surface area of the clot is exposed to ambient materials for facilitating lysis. Variation of the cell size may affect clot lysis by varying the amount of surface area applying pressure from the structure to the clot. For example, smaller cell sizes will generally provide a greater amount of structure to transfer pressure and forces to a clot. Furthermore, a structure having smaller cells may provide a more consistently shaped channel (with fewer or less dramatic inflection points) for recanalization by more evenly distributing the outward forces and pressures. The improved recanalization in turn facilitates improved lysis by virtue of better exposure of the clot to vascular flow. According to embodiments, stroke device 200 may have cells 210 of cell length from at least about 0.120″ to at least about 0.250″. According to embodiments, stroke device 200 may have cells 210 of cell height from about 0.050″ to about 0.100″. For example, stroke device 200 having cells 210 of cell length of about 0.120″ and cell height of about 0.050″ may be effective for macerating a clot to which stroke device 200 is applied. By further example, stroke device 200 having cells 210 of cell length of about 0.250″ and cell height of about 0.100″ may be effective for removing a clot to which stroke device 200 is applied. According to embodiments, the cell height and cell length of each cell may yield an area defined by the boundaries of the cell. For example, stroke device 200 may have cells each having an area of between about 0.006 sq. inches to about 0.025 sq. inches. More specifically, of each cell may yield an area defined by the boundaries of the cell. For example, stroke device 200 may have cells each having an area of between about 0.010 sq. inches to about 0.020 sq. inches. According to embodiments, stroke device 200 having small cells 210 and high radial strength provides better channel development and maceration with relatively softer clots. According to embodiments, stroke device 200 having larger cells and high radial strength will provide better maceration and retrieval for firm, white clots. According to embodiments, other configurations may be provided for a stroke device. For example, as shown in FIGS. 14, 15, 16, and 17, stroke device 300 may have a radial geometry. As shown in FIG. 14, cells 310 may be defined by a plurality of struts 320 connected by bridges 325. As shown in FIG. 14, each strut 320 may connect at each of its ends at a bridge 325. Each bridge 325 may connect three struts. As further shown in FIG. 14, each open cell 310 may be defined by six struts 320, wherein the open cell 310 is substantially parallelogram-shaped. According to embodiments, as shown in FIG. 15, one end of stroke device 310 may include a tethering component for attachment to a catheter system. At the same end, stroke device 310 may provide an everted or scalloped geometry to facilitate recapture of stroke device 310 into the catheter. While the method and agent have been described in terms of what are presently considered to be the most practical and preferred embodiments, it is to be understood that the disclosure need not be limited to the disclosed embodiments. It is intended to cover various modifications and similar arrangements included within the spirit and scope of the claims, the scope of which should be accorded the broadest interpretation so as to encompass all such modifications and similar structures. The present disclosure includes any and all embodiments of the following claims. Any patents, publications, or other references mentioned in this application for patent are hereby incorporated by reference. In addition, as to each term used it should be understood that unless its utilization in this application is inconsistent with such interpretation, common dictionary definitions should be understood as incorporated for each term and all definitions, alternative terms, and synonyms such as contained in at least one of a standard technical dictionary recognized by artisans and the Random House Webster's Unabridged Dictionary, latest edition are hereby incorporated by reference. Finally, all referenced listed in the Information Disclosure Statement or other information statement filed with the application are hereby appended and hereby incorporated by reference; however, as to each of the above, to the extent that such information or statements incorporated by reference might be considered inconsistent with the patenting of this/these invention(s), such statements are expressly not to be considered as made by the applicant(s). Support should be understood to exist to the degree required under new matter laws—including but not limited to United States Patent Law 35 USC 132 or other such laws—to permit the addition of any of the various dependencies or other elements presented under one independent claim or concept as dependencies or elements under any other independent claim or concept. wherein each strut of the stroke device has a strut width and a strut thickness providing effective pinching stiffness and hoop stiffness for compressing the vascular clot to promote at least one of lysis, maceration, and removal thereof without compromising trackability of the stroke device. 2. The acute stroke system of claim 1, wherein the stroke device has an average COF per unit length across a diameter of 2.0 mm to 4.5 mm of between at least about 0.0025 N/mm and at least about 0.007 N/mm. 3. The acute stroke system of claim 1, wherein the stroke device has an average COF per unit length across a diameter of 2.0 mm to 4.5 mm of between at least about 0.0030 N/mm and at least about 0.0059 N/mm. 4. The acute stroke system of claim 1, wherein the stroke device has a COF range per unit length across a diameter of 2.0 mm to 4.5 mm of between at least about 0.00165 N/mm and at least about 0.0090 N/mm. 5. The acute stroke system of claim 1, wherein the stroke device has a RRF range per unit length across a diameter of 2.0 mm to 4.5 mm of between at least about 0.005 N/mm and at least about 0.016 N/mm. 6. The acute stroke system of claim 1, wherein the hoop stiffness of the pinching device is defined by the strut width, according to Eq. 7. 7. The acute stroke system of claim 1, wherein the pinching stiffness of the stroke device is defined by the strut thickness, according to Eq. 8. 8. The acute stroke system of claim 1, wherein the ratio of strut thickness to strut width is less than at least about 1.4. 9. The acute stroke system of claim 1, wherein the strut thickness is substantially equal to the strut width. wherein each of said open cells has a length from about 0.120″ to about 0.250″ in said second state and a cell height from about 0.050″ to about 0.100″ in said second state, wherein said open cells are effective for promoting at least one of lysis, maceration, and removal of said clot. 11. The stroke device of claim 10, wherein each of said open cells has a substantially equal area of about 0.010 sq. inches to about 0.020 sq. inches. 12. The stroke device of claim 10, wherein the open cells vary throughout the stroke device having an area of between about 0.010 sq. inches and about 0.020 sq. inches. a stroke device further comprising struts and bridges, wherein each strut has two ends, with each end connected to a bridge, wherein each bridge is connected to four struts, wherein the struts define open cells of the stroke device, each open cell being defined by four struts. 14. The stroke device of claim 13, wherein each strut is substantially linear. 15. The stroke device of claim 13, wherein each open cell is substantially diamond-shaped. 16. The stroke device of claim 13, wherein each bridge is substantially “C” shaped. 17. The stroke device of claim 13, wherein each bridge is substantially “S” shaped. a stroke device further comprising struts and bridges, wherein each strut has two ends, with each end connected to a bridge, wherein each bridge is connected to three struts, wherein the struts define open cells of the stroke device, each open cell being defined by six struts. 19. The stroke device of claim 18, wherein each strut is substantially linear. 20. The stroke device of claim 18, wherein each open cell is substantially parallelogram-shaped.

2019-04-22T05:01:32Z

https://patents.google.com/patent/US20100174309A1/en

We have discovered that p63 inhibition results in increased cellular proliferation. We have also performed a screen for agents capable of increasing cellular proliferation, (e.g., of stem cells such as skin-derived precursors (SKPs)). The invention therefore invention provides compositions, methods, and kits for increasing proliferation of cells, using compounds that decrease p63 expression or activity or using the compounds described herein. The invention also features methods of using these compounds for increasing hair growth, improving skin health, or promoting skin repair in a subject. 1. A method of increasing proliferation of a cell, said method comprising contacting said cell with a sufficient amount of one or more of: (a) a compound that decreases p63 expression or activity, or (b) a compound selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof, under conditions that support cell proliferation. 2. The method of claim 1, wherein said cell is from a tumor cell line, is a stem cell, or is a skin-derived precursor (SKP). 3. The method of claim 1, wherein said cell is contacted with (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. 4. The method of claim 1, wherein said cell is being cultured in vitro. 5. The method of claim 4, wherein said cell culture further comprises an additional growth factor or said cell culture further comprises FGF2 or EGF. 6. A composition comprising: (a) an isolated stem cell; and (b) one or more compounds that decrease p63 expression or activity and/or one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof, wherein said compound is present in an amount sufficient to promote proliferation of said stem cell. 7. The composition of claim 6, wherein said stem cell is a SKP. 8. The composition of claim 6 further comprising a growth factor, FGF2, or EGF. 9. The composition of claim 6, wherein said compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. 10. A composition comprising: (a) one or more compounds that decrease p63 expression or activity and/or one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof; and (b) a carrier suitable for topical administration. 11. The composition of claim 10, wherein said carrier is a lotion. 12. The composition of claim 10, wherein said compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. 13. A method of increasing SKP proliferation in a subject, promoting hair growth, repairing skin, or improving skin health in a subject, said method comprising administering a sufficient amount of: (a) one or more compounds that inhibit p63 expression or activity; and/or (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof. 14. The method of claim 13, wherein said subject has a wound, and said compound is administered in an amount sufficient to improve healing of said wound. 15. The method of claim 13, wherein said compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. 16. The method of claim 13, wherein said compound is administered topically or systemically. 17. The method of claim 13, wherein said administration of said one or more compounds reduces wrinkles in the skin of said subject. 18. The method of claims 13, wherein said subject is a human. 19. A method of identifying a compound capable of altering cell proliferation, said method comprising: (a) contacting a SKP with a candidate compound; and (b) determining the proliferation rate of said SKP, wherein an alteration in the proliferation rate of said SKP in the presence of said compound as compared to in the absence of said compound, indicates that said compound alters the rate of cell proliferation. 20. The method of claim 19, wherein said SKP cell is a human, mouse, or rat cell. This application is a continuation-in-part of International Application No. PCT/US2009/058723, filed Sep. 29, 2009, which, in turn, claims the benefit of U.S. Provisional Application No. 61/101,443, filed Sep. 30, 2008. This application also claims the benefit of U.S. Provisional Application Nos. 61/367,780, filed Jul. 26, 2010, and 61/426,160, filed Dec. 22, 2010. Each of these applications is hereby incorporated by reference. The invention relates to compositions and methods useful in the proliferation of cells, particularly stem cells such as skin-derived precursors (SKPs). Also provided are methods for treating a subject having a disease or condition where an increase in SKP proliferation is desired. Expensive growth factors are often required for cell proliferation, and even then, expansion is often not optimal. Thus, molecules which replace or enhance the actions of growth factors and allow increased expansion of cells in culture are desirable. In addition, there are inadequate methods for regenerating skin or inducing hair growth in a subject (e.g., for treatment of a disease or condition where regenerating skin or inducing hair growth is beneficial). Thus, there is a need for molecules that promote the proliferation and self-renewal of cells such as SKPs. These molecules may be highly advantageous for cosmetic and medical purposes. We have discovered that p63 inhibits proliferation of skin-derived precursors (SKPs) and, further have screened for and identified compounds that increase proliferation of SKPs and neuroblastoma cells. On the basis of these discoveries, the invention features methods and compositions useful for increasing cell proliferation, as well as methods for increasing SKP proliferation in subject (e.g., for treating diseases and conditions where increased SKP proliferation is desired). Accordingly, in a first aspect, the invention features a method of increasing proliferation of a cell (e.g., cultured in vitro). The method includes contacting the cell with a sufficient amount of one or more of a compound that decreases (e.g., selectively decreases) p63 expression or activity or a compound selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof, under conditions that support cell proliferation. The cell may be from a tumor cell line, may be a stem cell (e.g., a SKP), or any cell described herein capable of proliferation. The cell may be a human or non-human cell (e.g., from a mammal such as a mouse or rat). In certain embodiments, the compound is a p63 antibody, or an antigen-binding fragment thereof; an RNAi molecule that decreases p63 expression, or a nucleic acid encoding the RNAi molecule; or a polypeptide substantially identical to a dominant negative form of p63, a fragment thereof, or a nucleic acid encoding such a polypeptide, where the polypeptide or the fragment has dominant negative p63 activity. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In embodiments where the cell is cultured in vitro, the culture may include at least one additional growth factor (e.g., FGF2, EGF, NGF, or a combination thereof). The method may involve no substantial change in the differentiation rate of the cells. In another aspect, the invention features a composition including (a) an isolated cell (e.g., a stem cell such as a SKP, or any cell described herein) and (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof, where the compound is present in an amount sufficient to promote proliferation of the stem cell. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another aspect, the invention features a composition including (a) an isolated cell (e.g., a stem cell such as a SKP, or any cell described herein) and (b) one or more compounds that decreases p63 expression or activity, where the compound is present in an amount sufficient to promote proliferation of the cell. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In either of the above two aspects, the composition may further include a growth factor (e.g., FGF2, EGF, NGF, or a combination thereof). The composition may be capable of supporting cell proliferation. In another aspect, the invention features a kit including (a) one or more compounds that decreases p63 expression or activity (e.g., any described herein) or one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof; and (b) instructions for use of (a) to promote cell proliferation, hair growth, skin repair, or skin health. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another aspect, the invention features a composition including (a) one or more compounds that decreases p63 expression or activity (e.g., any described herein) or one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, and yohimbic acid, or an analog thereof, and (b) a topically suitable excipient. The composition may be in the form of a cream or a lotion (e.g., a moisturizing lotion). In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another aspect, the invention features a method of increasing SKP proliferation in a subject. The method includes administering to the subject a sufficient amount of (a) one or more compounds that inhibits p63 expression or activity; or (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof. The compound can be administered topically, systemically, or by any route described herein. In certain embodiments, the compound that inhibits p63 expression or activity is a p63 antibody or an antigen-binding fragment thereof; an RNAi molecule that inhibits p63 expression or a nucleic acid encoding the RNAi molecule; or a polypeptide substantially identical to a dominant negative form of p63, a fragment thereof, or a nucleic acid encoding such a polypeptide, where the polypeptide or the fragment has dominant negative p63 activity. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another aspect, the invention features a method of promoting hair growth in a subject. The method includes administering to the subject a sufficient amount of (a) one or more compounds that inhibits p63 expression or activity or (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof. The compound may be administered topically, systemically, or by any route described herein. In certain embodiments, the compound that inhibits p63 expression or activity may be a p63 antibody or an antigen-binding fragment thereof; an RNAi molecule that inhibits p63 expression or a nucleic acid encoding the RNAi molecule; or a polypeptide substantially identical to a dominant negative form of p63, a fragment thereof, or a nucleic acid encoding the polypeptide, where the polypeptide or the fragment has dominant negative p63 activity. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another embodiment, the invention features a method of repairing skin in a subject, the method including administering a sufficient amount of (a) one or more compounds that inhibits p63 expression or activity or (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof. In certain embodiments, the subject has a wound, and the compound is administered in an amount sufficient to improve healing of the wound. The compound may be administered topically, systemically, or by any route described herein. In certain embodiments, the compound that inhibits p63 expression or activity is a p63 antibody or an antigen-binding fragment thereof; an RNAi molecule that inhibits p63 expression or a nucleic acid encoding the RNAi molecule; or a polypeptide substantially identical to a dominant negative form of p63, a fragment thereof, or a nucleic acid encoding such a polypeptide, where the polypeptide or the fragment has dominant negative p63 activity. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In another aspect, the invention features a method of improving skin health in a subject for example, by reducing skin aging (or the appearance of aging) or reducing wrinkles. The method includes administering to the subject a sufficient amount of (a) one or more compounds that inhibits p63 expression or activity or (b) one or more compounds selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, alpha-methyllycacontine, mecamylamine hexamethonium, alsterpaullone, and yohimbic acid, or an analog thereof. The compound may be administered topically, systemically, or by any route described herein. In certain embodiments, the compound that inhibits p63 expression or activity is a p63 antibody or an antigen-binding fragment thereof; an RNAi molecule that inhibits p63 expression or a nucleic acid encoding the RNAi molecule; or a polypeptide substantially identical to a dominant negative form of p63, a fragment thereof, or a nucleic acid encoding the polypeptide, where the polypeptide or the fragment has dominant negative p63 activity. In particular embodiments, the compounds are (a) alprostadil and kaempferol or (b) alprostadil and pramoxine. In any of the above methods, the subject may be a human. In another aspect, the invention features a method of identifying a compound capable of altering cell proliferation, the method including (a) contacting (e.g., in vitro) a SKP (e.g., human or non-human SKP, such as a mouse or rat SKP) with a candidate compound, and (b) determining the proliferation rate of the SKP, where an alteration in the proliferation rate of the SKP in the presence of the compound as compared to in the absence of the compound, indicates that the compound alters the rate of cell proliferation. In certain embodiments, the compound is selected from a chemical library. In embodiments of the above aspects of the invention where the subject is administered acyclovir or analog thereof, the subject may not suffer from, or be diagnosed with, herpes (e.g., genital herpes) or chicken pox. In embodiments where the subject is administered alprostadil or an analog thereof, the subject may not suffer from, or be diagnosed with erectile dysfunction or be in need of weight loss (e.g., be overweight or obese). In embodiments where the subject is administered aristolochic acid or an analog thereof, the subject may not be in need of weight loss (e.g., be overweight or obese). In embodiments where the subject is administered dorzolamide or an analog thereof, the subject may not have, or may not be diagnosed with, increased intraocular pressure (e.g., ocular hypertension or open-angle glaucoma). In embodiments where the subject is administered guaifenesin or an analog thereof, the subject may not be in need of an expectorant (e.g., suffering from a cold, an allergy, or airway infection). In embodiments where the subject is administered hydroxyprogesterone, the subject may not be suffering from, or may not be diagnosed with, congenital adrenal hyperplasia, 21-hydroxylase deficiency, or breast neoplasms, or is not at risk of having a preterm birth. In embodiments where the subject is administered pramoxine, the subject may not be in need of a topical anesthetic (e.g., due to itching, burning, or other pain). In embodiments where the subject is administered yohimbic acid, the subject may not be suffering from erectile dysfunction, panic disorder, alcoholism, or depression. In any of the above aspects, the SKP may express any one, two, three, four, five, or more of the markers for SKPs described herein, or may not express any one, two three, four, five, or more of the markers not expressed by SKPs. In any of the above aspects, the analogs of the compounds may be any analog described herein. By "decreasing expression" of a gene or protein is meant reducing (e.g., by 5%, 10%, 25%, 50%, 75%, 90%, 95%, 99%, or 99.9%) in the amount the gene or protein produced. Decreased expression may occur, for example, by a reduction in transcription, translation, or mRNA processing. By "decreased activity" is meant a reduction (e.g., by 5%, 10%, 25%, 50%, 75%, 90%, 95%, 99%, or 99.9%) by in the total activity of a protein in a cell. Reduction of activity may result, for example, from direct inhibition of the protein (e.g., by a compound that specifically binds the protein), increased degradation or processing, or decreased expression of the protein. By a compound or composition that "selectively inhibits" a target protein (e.g., p63) is meant a compound or composition that decreases expression or activity of the target protein and (a) binds specifically to the target protein (e.g., a small molecule or an antibody) and decreases its activity, (b) binds specifically to an mRNA encoding the target protein, thereby decreasing expression of the protein, or (c) prevents the target protein from performing its normal function (e.g., by binding to a binding partner of the target protein). A compound which "specifically binds" a target molecule is a compound which recognizes and binds the target, but which does not substantially recognize and bind other molecules. By "subject" is meant a human or non-human animal (e.g., a mammal). By a cell which does "not express" a protein or gene is meant that expression of the protein or gene cannot be detected by standard methods. In the case of cell surface markers, expression can be measured by flow cytometry, using a cut-off value as obtained from negative controls (i.e., cells known to lack the antigen of interest) or by isotype controls (i.e., measuring non-specific binding of the antibody to the cell). Thus, a cell that "does not express" a marker appears similar to the negative control for that marker. For gene expression, a gene "does not express" if the presence of its mRNA cannot be visually detected on a standard agarose gel following standard PCR protocols. A nucleic acid molecule or polypeptide is said to be "substantially identical" to a reference molecule if it exhibits, over its entire length, at least 50% or 55% identity, preferably at least 60%, 65%, or 70% identity, more preferably at least 75% or 85% identity, and most preferably at least 90%, 95%, or 99% identity to the sequence of the reference molecule. For polypeptides, the length of comparison sequences is at least 16 amino acids, preferably at least 20 amino acids, more preferably at least 25 amino acids, and most preferably at least 35 amino acids. For nucleic acid molecules, the length of comparison sequences is at least 50 nucleotides, preferably at least 60 nucleotides, more preferably at least 75 nucleotides, and most preferably at least 110 nucleotides. The term "antibody" is used in the broadest sense and specifically covers, for example, single monoclonal antibodies against p63, antibody compositions with polyepitopic specificity, single chain antibodies, nanobodies, and fragments of antibodies. "Antibody" includes intact immunoglobulin or antibody molecules, polyclonal antibodies, multispecific antibodies (e.g., bispecific antibodies formed from at least two intact antibodies), and immunoglobulin fragments (such as Fab, F(ab').sub.2, or Fv), so long as they exhibit any of the desired properties (e.g., antigen binding) described herein. "Antibody fragments" comprise a portion of an intact antibody, generally the antigen binding or variable region of the intact antibody. Examples of antibody fragments include Fab, Fab', F(ab')2, and Fv fragments, diabodies, single chain antibody molecules, and multispecific antibodies formed from antibody fragments. "Humanized" forms of non-human (e.g., murine) antibodies are specific chimeric immunoglobulins, immunoglobulin chains, or fragments thereof (such as Fv, Fab, Fab', F(ab').sub.2 or other antigen-binding subsequences of antibodies) which contain minimal sequence derived from non-human immunoglobulin. A "human antibody" is one which possesses an amino acid sequence which corresponds to that of an antibody produced by a human and/or has been made using any of the techniques for making human antibodies known in the art. A "human antibody" includes antibodies comprising at least one human heavy chain polypeptide or at least one human light chain polypeptide. By "small molecule" is meant a molecule having a molecular weight of less than about 1000 Da (e.g., less than 900, 800, 700, 600, 500, or 400 Da). Compounds useful in the invention include those described herein in any of their pharmaceutically acceptable forms, including isomers such as diastereomers and enantiomers, salts, esters, amides, thioesters, solvates, and polymorphs thereof, as well as racemic mixtures and pure isomers of the compounds described herein. As an example, by "alprostadil" is meant the free base as well as any pharmaceutically acceptable salt thereof. The term "pharmaceutically acceptable salt" represents those salts which are, within the scope of sound medical judgment, suitable for use in contact with the tissues of humans and lower animals without undue toxicity, irritation, allergic response and the like, and are commensurate with a reasonable benefit/risk ratio. Pharmaceutically acceptable salts are well known in the art. The salts can be prepared in situ during the final isolation and purification of the compounds of the invention, or separately by reacting the free base function with a suitable organic acid. Representative acid addition salts include acetate, adipate, alginate, ascorbate, aspartate, benzenesulfonate, benzoate, bisulfate, borate, butyrate, camphorate, camphersulfonate, citrate, cyclopentanepropionate, digluconate, dodecylsulfate, ethanesulfonate, fumarate, glucoheptonate, glycerophosphate, hemisulfate, heptonate, hexanoate, hydrobromide, hydrochloride, hydroiodide, 2-hydroxy-ethanesulfonate, isethionate, lactobionate, lactate, laurate, lauryl sulfate, malate, maleate, malonate, mesylate, methanesulfonate, 2-naphthalenesulfonate, nicotinate, nitrate, oleate, oxalate, palmitate, pamoate, pectinate, persulfate, 3-phenylpropionate, phosphate, picrate, pivalate, propionate, stearate, succinate, sulfate, tartrate, thiocyanate, toluenesulfonate, undecanoate, valerate salts, and the like. Representative alkali or alkaline earth metal salts include sodium, lithium, potassium, calcium, magnesium, and the like, as well as nontoxic ammonium, quaternary ammonium, and amine cations, including, but not limited to ammonium, tetramethylammonium, tetraethylammonium, methylamine, dimethylamine, trimethylamine, triethylamine, ethylamine, and the like. In the generic descriptions of compounds of this invention, the number of atoms of a particular type in a substituent group is generally given as a range, e.g., an alkyl group containing from 1 to 4 carbon atoms or C.sub.1-4 alkyl. Reference to such a range is intended to include specific references to groups having each of the integer number of atoms within the specified range. For example, an alkyl group from 1 to 4 carbon atoms includes each of C.sub.1, C.sub.2, C.sub.3, and C.sub.4. A C.sub.1-12 heteroalkyl, for example, includes from 1 to 12 carbon atoms in addition to one or more heteroatoms. Other numbers of atoms and other types of atoms may be indicated in a similar manner. As used herein, the terms "alkyl" and the prefix "alk-" are inclusive of both straight chain and branched chain groups and of cyclic groups, i.e., cycloalkyl. Cyclic groups can be monocyclic or polycyclic and preferably have from 3 to 12 ring carbon atoms, inclusive. Exemplary cyclic groups include cyclopropyl, cyclobutyl, cyclopentyl, and cyclohexyl groups. By "C.sub.1-4 alkyl" is meant a branched or unbranched hydrocarbon group having from 1 to 4 carbon atoms. A C.sub.1-4 alkyl group may be substituted or unsubstituted. Exemplary substituents include alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, hydroxyl, fluoroalkyl, perfluoralkyl, amino, aminoalkyl, disubstituted amino, quaternary amino, hydroxyalkyl, carboxyalkyl, and carboxyl groups. C.sub.1-4 alkyls include, without limitation, methyl, ethyl, n-propyl, isopropyl, cyclopropyl, cyclopropylmethyl, n-butyl, iso-butyl, sec-butyl, tert-butyl, and cyclobutyl. By "C.sub.2-4 alkenyl" is meant a branched or unbranched hydrocarbon group containing one or more double bonds and having from 2 to 4 carbon atoms. A C.sub.2-4 alkenyl may optionally include monocyclic or polycyclic rings, in which each ring desirably has from three to six members. The C.sub.2-4 alkenyl group may be substituted or unsubstituted. Exemplary substituents include alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, hydroxyl, fluoroalkyl, perfluoralkyl, amino, aminoalkyl, disubstituted amino, quaternary amino, hydroxyalkyl, carboxyalkyl, and carboxyl groups. C.sub.2-4 alkenyls include, without limitation, vinyl, allyl, 2-cyclopropyl-1-ethenyl, 1-propenyl, 1-butenyl, 2-butenyl, 3-butenyl, 2-methyl-1-propenyl, and 2-methyl-2-propenyl. By "C.sub.2-4 alkynyl" is meant a branched or unbranched hydrocarbon group containing one or more triple bonds and having from 2 to 4 carbon atoms. A C.sub.2-4 alkynyl may optionally include monocyclic, bicyclic, or tricyclic rings, in which each ring desirably has five or six members. The C.sub.2-4 alkynyl group may be substituted or unsubstituted. Exemplary substituents include alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, hydroxy, fluoroalkyl, perfluoralkyl, amino, aminoalkyl, disubstituted amino, quaternary amino, hydroxyalkyl, carboxyalkyl, and carboxyl groups. C.sub.2-4 alkynyls include, without limitation, ethynyl, 1-propynyl, 2-propynyl, 1-butynyl, 2-butynyl, and 3-butynyl. By "C.sub.2-6 heterocyclyl" is meant a stable 5- to 7-membered monocyclic or 7- to 14-membered bicyclic heterocyclic ring which is saturated, partially unsaturated, or unsaturated (aromatic), and which consists of 2 to 6 carbon atoms and 1, 2, 3, or 4 heteroatoms independently selected from N, O, and S and including any bicyclic group in which any of the above-defined heterocyclic rings is fused to a benzene ring. The heterocyclyl group may be substituted or unsubstituted. Exemplary substituents include alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, hydroxy, fluoroalkyl, perfluoralkyl, amino, aminoalkyl, disubstituted amino, quaternary amino, hydroxyalkyl, carboxyalkyl, and carboxyl groups. The nitrogen and sulfur heteroatoms may optionally be oxidized. The heterocyclic ring may be covalently attached via any heteroatom or carbon atom which results in a stable structure, e.g., an imidazolinyl ring may be linked at either of the ring-carbon atom positions or at the nitrogen atom. A nitrogen atom in the heterocycle may optionally be quaternized. Preferably when the total number of S and O atoms in the heterocycle exceeds 1, then these heteroatoms are not adjacent to one another. Heterocycles include, without limitation, 1H-indazole, 2-pyrrolidonyl, 2H,6H-1,5,2-dithiazinyl, 2H-pyrrolyl, 3H-indolyl, 4-piperidonyl, 4aH-carbazole, 4H-quinolizinyl, 6H-1,2,5-thiadiazinyl, acridinyl, azocinyl, benzimidazolyl, benzofuranyl, benzothiofuranyl, benzothiophenyl, benzoxazolyl, benzthiazolyl, benztriazolyl, benztetrazolyl, benzisoxazolyl, benzisothiazolyl, benzimidazalonyl, carbazolyl, 4aH-carbazolyl, b-carbolinyl, chromanyl, chromenyl, cinnolinyl, decahydroquinolinyl, 2H,6H-1,5,2-dithiazinyl, dihydrofuro[2,3-b]tetrahydrofuran, furanyl, furazanyl, imidazolidinyl, imidazolinyl, imidazolyl, 1H-indazolyl, indolenyl, indolinyl, indolizinyl, indolyl, isobenzofuranyl, isochromanyl, isoindazolyl, isoindolinyl, isoindolyl, isoquinolinyl, isothiazolyl, isoxazolyl, morpholinyl, naphthyridinyl, octahydroisoquinolinyl, oxadiazolyl, 1,2,3-oxadiazolyl, 1,2,4-oxadiazolyl, 1,2,5-oxadiazolyl, 1,3,4-oxadiazolyl, oxazolidinyl, oxazolyl, oxazolidinylperimidinyl, phenanthridinyl, phenanthrolinyl, phenarsazinyl, phenazinyl, phenothiazinyl, phenoxathiinyl, phenoxazinyl, phthalazinyl, piperazinyl, piperidinyl, pteridinyl, piperidonyl, 4-piperidonyl, pteridinyl, purinyl, pyranyl, pyrazinyl, pyrazolidinyl, pyrazolinyl, pyrazolyl, pyridazinyl, pyridooxazole, pyridoimidazole, pyridothiazole, pyridinyl, pyridyl, pyrimidinyl, pyrrolidinyl, pyrrolinyl, pyrrolyl, quinazolinyl, quinolinyl, 4H-quinolizinyl, quinoxalinyl, quinuclidinyl, carbolinyl, tetrahydrofuranyl, tetrahydroisoquinolinyl, tetrahydroquinolinyl, 6H-1,2,5-thiadiazinyl, 1,2,3-thiadiazolyl, 1,2,4-thiadiazolyl, 1,2,5-thiadiazolyl, 1,3,4-thiadiazolyl, thianthrenyl, thiazolyl, thienyl, thienothiazolyl, thienooxazolyl, thienoimidazolyl, thiophenyl, triazinyl, 1,2,3-triazolyl, 1,2,4-triazolyl, 1,2,5-triazolyl, 1,3,4-triazolyl, and xanthenyl. Preferred 5 to 10 membered heterocycles include, but are not limited to, pyridinyl, pyrimidinyl, triazinyl, furanyl, thienyl, thiazolyl, pyrrolyl, pyrazolyl, imidazolyl, oxazolyl, isoxazolyl, tetrazolyl, benzofuranyl, benzothiofuranyl, indolyl, benzimidazolyl, 1H-indazolyl, oxazolidinyl, isoxazolidinyl, benzotriazolyl, benzisoxazolyl, oxindolyl, benzoxazolinyl, quinolinyl, and isoquinolinyl. Preferred 5 to 6 membered heterocycles include, without limitation, pyridinyl, pyrimidinyl, triazinyl, furanyl, thienyl, thiazolyl, pyrrolyl, piperazinyl, piperidinyl, pyrazolyl, imidazolyl, oxazolyl, isoxazolyl, and tetrazolyl. By "C.sub.6-12 aryl" is meant an aromatic group having a ring system comprised of carbon atoms with conjugated .pi. electrons (e.g., phenyl). The aryl group has from 6 to 12 carbon atoms. Aryl groups may optionally include monocyclic, bicyclic, or tricyclic rings, in which each ring desirably has five or six members. The aryl group may be substituted or unsubstituted. Exemplary substituents include alkyl, hydroxy, alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, fluoroalkyl, carboxyl, hydroxyalkyl, carboxyalkyl, amino, aminoalkyl, monosubstituted amino, disubstituted amino, and quaternary amino groups. By "C.sub.7-14 alkaryl" is meant an alkyl substituted by an aryl group (e.g., benzyl, phenethyl, or 3,4-dichlorophenethyl) having from 7 to 14 carbon atoms. By "C.sub.3-10 alkheterocyclyl" is meant an alkyl substituted heterocyclic group having from 3 to 10 carbon atoms in addition to one or more heteroatoms (e.g., 3-furanylmethyl, 2-furanylmethyl, 3-tetrahydrofuranylmethyl, or 2-tetrahydrofuranylmethyl). By "C.sub.1-7 heteroalkyl" is meant a branched or unbranched alkyl, alkenyl, or alkynyl group having from 1 to 7 carbon atoms in addition to 1, 2, 3, or 4 heteroatoms independently selected from the group consisting of N, O, S, and P. Heteroalkyls include, without limitation, tertiary amines, secondary amines, ethers, thioethers, amides, thioamides, carbamates, thiocarbamates, hydrazones, imines, phosphodiesters, phosphoramidates, sulfonamides, and disulfides. A heteroalkyl may optionally include monocyclic, bicyclic, or tricyclic rings, in which each ring desirably has three to six members. The heteroalkyl group may be substituted or unsubstituted. Exemplary substituents include alkoxy, aryloxy, sulfhydryl, alkylthio, arylthio, halide, hydroxyl, fluoroalkyl, perfluoralkyl, amino, aminoalkyl, disubstituted amino, quaternary amino, hydroxyalkyl, hydroxyalkyl, carboxyalkyl, and carboxyl groups. Examples of C.sub.1-7 heteroalkyls include, without limitation, methoxymethyl and ethoxyethyl. By "halide" or "halogen" is meant bromine, chlorine, iodine, or fluorine. By "fluoroalkyl" is meant an alkyl group that is substituted with a fluorine atom. By "perfluoroalkyl" is meant an alkyl group consisting of only carbon and fluorine atoms. By "carboxyalkyl" is meant a chemical moiety with the formula --(R)--COOH, wherein R is selected from C.sub.1-7 alkyl, C.sub.2-7 alkenyl, C.sub.2-7 alkynyl, C.sub.2-6 heterocyclyl, C.sub.6-12 aryl, C.sub.7-14 alkaryl, C.sub.3-10 alkheterocyclyl, or C.sub.1-7 heteroalkyl. By "hydroxyalkyl" is meant a chemical moiety with the formula --(R)--OH, wherein R is selected from C.sub.1-7 alkyl, C.sub.2-7 alkenyl, C.sub.2-7 alkynyl, C.sub.2-6 heterocyclyl, C.sub.6-12 aryl, C.sub.7-14 alkaryl, C.sub.3-10 alkheterocyclyl, or C.sub.1-7 heteroalkyl. By "alkoxy" is meant a chemical substituent of the formula --OR, wherein R is selected from C.sub.1-7 alkyl, C.sub.2-7 alkenyl, C.sub.2-7 alkynyl, C.sub.2-6 heterocyclyl, C.sub.6-12 aryl, C.sub.7-14 alkaryl, C.sub.3-10 alkheterocyclyl, or C.sub.1-7 heteroalkyl. By "aryloxy" is meant a chemical substituent of the formula --OR, wherein R is a C.sub.6-12 aryl group. By "alkylthio" is meant a chemical substituent of the formula --SR, wherein R is selected from C.sub.1-7 alkyl, C.sub.2-7 alkenyl, C.sub.2-7 alkynyl, C.sub.2-6 heterocyclyl, C.sub.6-12 aryl, C.sub.7-14 alkaryl, C.sub.3-10 alkheterocyclyl, or C.sub.1-7 heteroalkyl. By "arylthio" is meant a chemical substituent of the formula --SR, wherein R is a C.sub.6-12 aryl group. By "quaternary amino" is meant a chemical substituent of the formula --(R)--N(R')(R'')(R''').sup.+, wherein R, R', R'', and R''' are each independently an alkyl, alkenyl, alkynyl, or aryl group. R may be an alkyl group linking the quaternary amino nitrogen atom, as a substituent, to another moiety. The nitrogen atom, N, is covalently attached to four carbon atoms of alkyl, heteroalkyl, heteroaryl, and/or aryl groups, resulting in a positive charge at the nitrogen atom. FIG. 1A is a photograph of a gel showing that wild-type SKPs express TAp63 mRNA, whereas SKPs from p63 null mice do not. FIG. 1B is photograph of a gel showing that SKPs from both wild-type and p63 null mice express p53, but do not express p73. GAPDH is shown as a control. FIG. 1C is a set of photomicrographs showing that p63 is expressed in wild-type SKPs, but not in SKPs from p63 null mice (top panels). Hoescht stained cells are shown in the corresponding lower panels. FIG. 1D is a set of photomicrographs showing that both SKPs from both wild-type and p63 null mice express the SKP markers fibronectin, nestin, vimentin, and SMA. FIG. 1E is a set of photomicrographs showing that the proliferation marker Ki67 is expressed at higher levels in SKPs from p63 null mice than in wild-type SKPs. Results using whisker and back cells from neonatal mice, as well as using whisker cells from one-month-old mice, are shown. FIG. 1F is graph showing increasing Ki67 expression in p63 null mice as compared to wild-type mice in SKPs taken from E18, P1, and P30 mice. FIG. 1G is a graph showing that newborn TAp63-/- and E18 p63-/- SKPs self-renewed approximately 4 times more robustly than did wild-type SKPs and SKPs from one-month-old mice proliferated and self-renewed about 1.5 fold more than wild-type SKPs. FIG. 1H is a photograph of a gel showing that the p57 mRNA expression is reduced in SKPs from p63 null mice as compare to those from wild-type mice. FIG. 1I is a set of photomicrographs showing p57 expression in wild-type, p63-/-, and TAp63-/- cells. FIG. 1J is a photograph of a gel showing that, using RT-PCR, p63 is was bound to a previously defined binding site in the p57 promoter. FIG. 1K is a graph showing the percentage of p57 positive cells in wild-type and in Tap63-/- cells. FIG. 1L is a set of photomicrographs showing immunostaining for p57Kip2 and Ki67 in TAp63-/- SKPs, plated on an adherent 4-well chamber slides, two days after transfection with or without a pCMV-p57Kip2 expression vector. Cells were counterstained with Hoechst 33258. Transfected p57-positive cells were never double-labelled for Ki67. The images are taken at 200.times. magnification with n=3 independent experiments. FIG. 2A is a set of photomicrographs showing that wild-type and p63-/- SKPs are capable of differentiating to neural and mesoderm subtypes. Left, neurofilament medium (NFM) expression; center, smooth muscle actin (SMA) expression; right, glial fibrillary acidic protein (GFAP) and S100.beta. expression. FIG. 2B is a set of photomicrographs showing that both wild-type and p63-/- SKPs, when transplanted into the neural crest migratory stream of HH stage 18 chicks in ovo, migrated into neural crest targets. FIG. 3 is a schematic diagram of an exemplary screening procedure described herein. FIGS. 4A shows a schematic diagram of the sphere formation assay employed to confirm the hits identified in the screen. FIG. 4B is a graph showing the effects of increasing concentrations of rapamycin on sphere formation in various cell lines. FIG. 4C is a graph showing inhibition of tumor formation by rapamycin and vinblastine. FIG. 5 is a graph showing the effects of MG 624 on SKPs (left) and neuroblastoma (right) proliferation at various concentrations. At 200 nM, SKP proliferation was increased. FIGS. 6A-6E are graphs showing dose-response curves for proliferation of human SKPs in response to MG624 (FIG. 6A), GSK3.beta. (FIG. 6B), pramoxine (FIG. 6C), kaempferol (FIG. 6D), and alprostadil (FIG. 6E) in presence of EGF and FGF2. FIG. 7 is a schematic illustration of the in vitro sphere assay. SKPs were isolated from mouse back, whisker and human foreskin and allowed to grow in spheres. After 2-3 passages, spheres were dissociated and 3000 cells were plated in each well of a 96-well plate. Cells were then treated in triplicate with different concentrations of drugs or only with vehicle DMSO. Drugs were applied again on day 3 and the number of spheres was analyzed on day 7. FIG. 8 is a series of graphs showing that various compounds promote human SKPs self-renewal. Graphs show pooled data from two set of experiments. Four different cell lines were used. FIG. 9 is a graph showing that various compounds at 100 nM promote human SKPs self-renewal. Pooled data from two different experiments show robust increase of the number of spheres formed after drug treatments at 100 nM. Results indicate that these specific drugs promote the ability of stem cells to produce another stem cell. FIG. 10 is a series of photomicrographs showing that alprostadil and kaempferol increase the size of human SKP spheres. Human SKPs were treated with the indicated compound or vehicle for seven days, as indicated in FIG. 7. At the end of the treatment period, cells were stained with Hoechst. An increase in the size of the spheres was observed in the alprostadil- and kaempferol-treated cells compared to vehicle control, indicating that these drugs increase cell proliferation within a sphere. FIG. 11 is a series of photomicrographs of human SKP spheres formed after 7 days of treatment with alprostadil or vehicle respectively. FIG. 12 is a series of graphs showing that various compounds that promote self-renewal of human SKPs also function on mouse SKPs. SKPs were isolated from mouse back and whisker and treated with the indicated concentration of drugs. Results are pooled data from two experiments. A total of four whisker and four back samples were used. FIG. 13 is a series of graphs showing that various compounds promote self-renewal of mouse SKPs. FIG. 14 is a graph showing that various compounds at 100 nM promote mouse SKPs self-renewal. Pooled data from two experiments show robust increase of the number of spheres formed for both back and whisker cells after drug treatment. FIG. 15 is a series of graphs summarizing in vitro sphere assay data demonstrating that certain compounds promote self-renewal of both human and mouse SKPs. FIG. 16 is a table showing that topical application of certain compounds promotes hair growth. Mice were treated topically with the indicated compounds. At specific time points, approximately 30-40 hairs were plucked from each mouse and their length was measured. Three mice were used to test each compound. FIGS. 17 and 18 are each a series of graphs showing quantification of hair length on day 23. Hair length promoted by compounds is shown in distribution histograms relative to the control group. Hair length was binned in classes of 200 .mu.m and each class was expressed as a percentage of total hair population. The distribution histograms show a shift versus longer hair length, particularly in the groups treated with alprostadil or kaempferol. FIG. 19 is a series of photomicrographs and graphs showing that topical application of certain compounds induces dermal thickness. Dorsal skin of animals topically treated with various compounds was isolated, cryosectioned, and stained with hematoxylin and eosin. Dermal thickness was manually measured randomly through the slices. A mean of three measurements through the slice were performed and about 20-30 slices were analyzed for each mouse within each compound group. FIG. 20 is a series of photomicrographs and graphs showing topical application of certain compounds induces anagen hair cycle and follicle density. Skin samples were also analysed for density and morphology of hair follicles. The density is expressed as number of follicles per mm whereas the anagen hair follicles are determined by morphology. FIG. 21 is a series of graphs showing the effect of certain compounds and compound combinations on human SKP sphere size in vitro. The first graph (left, top) shows mean sphere size following treatment with the indicated compounds, compound combinations, or a DMSO control. The other two graphs are histograms showing the shift in human SKP sphere size when treated by alprostadil and pramoxine (right, top) or alprostadil and kaempferol (left, bottom). Alp.=alprostadil; Kae.=Kaempferol; MG=MG 624; Pram=pramoxine; Alsterp.=alsterpaullone; Kenp.=kenpaullone. FIGS. 22A-22C are graphs showing the effect of in vivo hair growth on topical treatment with either kaempferol or alprostadil. FIG. 22A shows the length of hair in mice treated with either kaempferol, alprostadil, or a vehicle control at days 16, 19, and 23. FIGS. 22B and 22C show the hair length distribution on day 23 from mice treated with either kaempferol or alprostadil as compared to control mice. We have discovered that the p63 pathway is involved in inhibition of proliferation of skin-derived precursors (SKPs). The invention thus features methods of increasing proliferation of a cell (e.g., a stem cell such as a SKP) by inhibiting p63 expression or activity. In addition, we have performed a screen to identify agents useful for enhancing cellular proliferation. This screen resulted in identification compounds including acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, and yohimbic acid. On this basis, these compounds, or analogs of these compounds, can be used to increase proliferation of cells, including SKPs or neuroblastoma cells. As SKPs are known to be involved in skin regeneration and hair growth, stimulation of SKPs using these compounds can enhance skin repair (e.g., wounded skin), improve dermal maintenance or skin health, or promote hair growth in a subject. The compounds identified herein may be used to increase proliferation of any cell that is capable of proliferation, such as tumor cell lines (e.g., neuroblastoma) or stem cells. In certain embodiments, the cell is a stem cell such as a SKP cell. Other stem cells include embryonic stem cells and adult stem cells such as mesenchymal cells and hematopoietic stem cells. SKPs are described in U.S. Patent Application Publication Nos. 2004/0033597 and 2007/0248574. SKPs can express at least one, two, three, or more of the following molecular markers: nestin, WNT-1, vimentin, versican, fibronectin, S100.beta., slug, snail, twist, Pax3, Sox9, Dermo-1, and Sox2. SKPs may also express increased levels of slug, snail, twist, and Pax3 relative to central nervous system neural stem cells. Desirably, the multipotent stem cells of the invention do not express measurable levels of at least one, two, three, or more of the following molecular markers: tyrosinase, c-kit, tryp-1, and DCT, which are markers of melanoblasts and melanocytes. The multipotent stem cells also may not express of one or more of the following markers of Schwann cells: MBP, P0, p75NTR, and Sox10. SKPs are capable of differentiating into various non-neural cells (e.g., hair follicle cell, bone cell, smooth muscle cell, or adipocyte) and neural cells (e.g., a neuron, astrocyte, Schwann cell, or oligodendrocyte). SKPs can be isolated as described in the art. In one example, dorsal or facial skin from mouse embryos (E15-19), mouse or rat neonates (P2-P6), or adults (3 weeks and older) was dissected from the animal and cut into 2-3 mm.sup.2 pieces. Tissue was digested with 0.1% trypsin for 10-45 min at 37.degree. C., mechanically dissociated and filtered through a 40 pm cell strainer (Falcon). The cells (e.g., SKPs) may be cultured under standard cell culture conditions, such as those described herein or known in the art. In one example, SKPs are cultured as described in Toma et al. (Nat. Cell Biol. 3:778-784, 2001). Dissociated cells (e.g., as described above) were pelleted and plated in DMEM-F12, 3:1 (Invitrogen), containing 20 ng/ml EGF and 40 ng/ml FGF2 (both from Collaborative Research), hereafter referred to as proliferation medium. Cells were cultured in 25 cm.sup.2 tissue culture flasks (Falcon) in a 37.degree. C., 5% CO.sub.2 tissue culture incubator. SKPs were passaged by mechanically dissociating spheres and splitting 1:3 with 75% new medium and 25% conditioned medium from the initial flask. For neuronal differentiation, SKP spheres or primary dissociated skin cells were mechanically dissociated and plated on chamber slides (Nunc) coated with poly-D-lysine/laminin in DMEM-F12 3:1 supplemented with 40 ng/ml FGF2 and 10% FBS (BioWhittaker) for 5-7 days. Cells were then cultured an additional 5-7 days in the same medium without FGF2 but with the addition of 10 ng/ml NGF (Cedar Lane), 10 ng/ml BDNF (Peprotech), and 10 ng/ml NT3 (Peprotech). For Schwann cell differentiation, dissociated spheres were cultured in DMEM-F12 3:1 supplemented with 10% FBS for 7 days, then switched to the same medium supplemented with 4 .mu.M forskolin (Sigma). The compositions, methods, and kits of the invention may employ a compound that decreases p63 expression or activity. These compounds can be used either in place of or in addition to other growth factors (e.g., FGF2 or EGF). In certain embodiments, the addition of a compound that decreases p63 expression or activity allows for the use of a reduced concentration of another growth factor or factors (e.g., FGF2 or EGF). Exemplary compounds include RNAi molecules that target p63 mRNA, antibodies that specifically bind p63, and dominant negative forms of p63. RNAi molecules such as siRNA molecules that target p63 are known in the art or can be designed and tested for RNA interference activity. p63 RNAi molecules are commercially available (e.g., from Santa Cruz Biotechnology, Inc., Santa Cruz, Calif., Catalog No. sc-36161). Additional RNAi molecules (e.g., siRNA molecules) can be designed based on the human p63 mRNA sequence (NCBI accession Nos. NM.sub.--003722, NM.sub.--001114978, NM.sub.--001114979, NM.sub.--001114980, NM.sub.--001114981, and NM.sub.--001114982) or the corresponding mouse (NCBI accession Nos. NM.sub.--011641, NM.sub.--001127259, NM.sub.--001127260, NM.sub.--001127261, NM.sub.--001127262, NM.sub.--001127263, NM.sub.--001127264, NM.sub.--001127265) or rat (NCBI accession Nos. NM.sub.--001127339, NM.sub.--001127341, NM.sub.--001127342, NM.sub.--001127343, NM.sub.--001127344, and NM.sub.--019221) sequences. Anti-p63 antibodies may be employed in the compositions, methods, and kits of the invention. Any antibody or antibody variant (e.g., monoclonal, polyclonal, human, humanized, single chain), a fragment thereof, or a nanobody can be employed. Such antibodies are commercially available (e.g., from Abcam, Inc., Cambridge, MA, Catalog No. ab735, or from Santa Cruz Biotechnology, Inc., Catalog No. sc-8431). Additional antibodies (polyclonal or monoclonal) against p63 or regions of p63 can also be generated using methods known in the art. Humanized antibodies can be generated following the method of Winter and co-workers (Jones et al., Nature, 321:522-525, 1986; Riechmann et al., Nature, 332:323-327 (1988); Verhoeyen et al., Science, 239:1534-1536 (1988)), by substituting rodent CDRs or CDR sequences for the corresponding sequences of a human antibody. Accordingly, such "humanized" antibodies are chimeric antibodies wherein substantially less than an intact human variable domain has been substituted by the corresponding sequence from a non-human species. In practice, humanized antibodies are typically human antibodies in which some CDR residues and possibly some FR residues are substituted by residues from analogous sites in rodent antibodies. Human monoclonal antibodies can be made by the hybridoma method, as is known in the art (see, e.g., Kozbor, J. Immunol. 133, 3001, 1984, and Brodeur et al., Monoclonal Antibody Production Techniques and Applications, pp. 51-63 (Marcel Dekker, Inc., New York, 1987)). Nanobodies can be generated by immunization of an animal (e.g., a camel or llama) which produces nanobodies, which can then be purified using standard techniques. Single chain Fv fragments may be produced such as described in Iliades et al., FEBS Letters, 409:437-441 (1997). Coupling of such single chain fragments using various linkers is described in Kortt et al., Protein Engineering, 10:423-433 (1997). The compositions, methods, and kits of the invention can also include a p63 antibody fragment (e.g., a fragment of a murine, human or humanized antibody, and antibody variants). Such fragments can be derived by proteolytic digestion of intact antibodies (see, e.g., Morimoto et al., J. Biochem. Biophys. Methods 24:107-117 (1992) and Brennan et al., Science 229:81, 1985) or can be produced directly by recombinant host cells. For example, Fab'-SH fragments can be directly recovered from E. coli and chemically coupled to form F(ab').sub.2 fragments (Carter et al., Bio/Technology 10:163-167, 1992). Single chain Fv fragments may be produced such as described in Iliades et al., FEBS Letters, 409:437-441 (1997). Coupling of such single chain fragments using various linkers is described in Kortt et al., Protein Engineering, 10:423-433, 1997. Triabodies can also be used in the compositions, methods, and kits of the invention. Such antibodies are described for instance in Iliades et al., supra and Kortt et al., supra. The antibodies of the present invention may be modified by conjugating the antibody to an agent (e.g., any of the compounds described herein). Further antibody modifications are also contemplated. For example, the antibody may be linked to one of a variety of nonproteinaceous polymers, e.g., polyethylene glycol, polypropylene glycol, polyoxyalkylenes, or copolymers of polyethylene glycol and polypropylene glycol. The antibody also may be entrapped in microcapsules prepared, for example, by coacervation techniques or by interfacial polymerization (for example, hydroxymethylcellulose or gelatin-microcapsules and poly-(methylmethacylate) microcapsules, respectively), in colloidal drug delivery systems (for example, liposomes, albumin microspheres, microemulsions, nano-particles and nanocapsules), or in macroemulsions. Such techniques are disclosed in Remington: The Science and Practice of Pharmacy, 20th edition, 2000, ed. A.R. Gennaro, Lippincott Williams & Wilkins, Philadelphia. To increase the serum half-life of the antibody, one may incorporate a salvage receptor binding epitope into the antibody (especially an antibody fragment), as described in U.S. Pat. No. 5,739,277, for example. A "salvage receptor binding epitope" is an epitope of the Fc region of an IgG molecule (e.g., IgG1, IgG2, IgG3, or IgG4) that is responsible for increasing the in vivo serum half-life of the IgG molecule. Dominant negative forms of p63, polypeptides substantially identical to such dominant negative forms and having dominant negative activity, or fragments thereof having dominant negative activity can be used in the compositions, methods, and kits of the invention. Forms of p63 with the N-terminal transactivation domain are termed TAp63, whereas those lacking this domain (.DELTA.N-p63 isoforms) have dominant negative activity. See, e.g., Ghioni et al., Mol Cell Biol 22:8659-8668, 2002. Exemplary sequences encoding dominant negative proteins are known in the art and include DN p63 alpha (NCBI accession Nos. AAG45610 and AAC62636 (human); AAP87985 and AAC62644 (mouse)); DN p63 beta (NCBI accession Nos. AAG45611 and AAC62638 (human); AAP87986 and AAC62643 (mouse)); and DN p63 gamma (NCBI accession Nos. AAG45612 and AAC62634 (human); AAP87987 and AAC62642 (mouse)). Other dominant negative p63 polypeptides can sequences substantially identical to those sequences, or may contain chemical modifications, as is known in the art. Decreases in p63 expression or activity may also be achieved through introduction of a gene vector into a subject. To increase cellular proliferation, enhance skin repair or skin health, or promote hair growth, p63 expression or activity may be decreased, for example, by administering to a subject a vector containing a polynucleotide sequence encoding a dominant negative form of p63 or an RNAi molecule that targets p63 mRNA, operably linked to a promoter capable of driving expression in targeted cells. Any standard gene therapy vector and methodology may be employed for such administration. Based on the results of the screen described herein, we have identified compounds capable of increasing proliferation. Accordingly, these compounds, or analogs of these compounds, may be used in methods for increasing proliferation (e.g., without affecting differentiation) in vivo or in vitro of any type of cell capable of proliferation (e.g., stem cells, such as SKPs). The compounds may be used in conjunction with any cell culture techniques known in the art. Use of these compounds may allow for reduced concentrations of other growth factors. In addition, the compounds can also be used to treat a disease or condition where increases in SKP proliferation are desirable (e.g., those described herein). where X is sulfur or oxygen, R.sub.1 is H, halogen, OH, C.sub.1-4 alkoxy, azide, thio, C.sub.1-6 alkylthio, amino, C.sub.1-6 alkylamino or dialkylamino; R.sub.2 is H, halogen, C.sub.1-4 alkylthio, acylamino, amino or azide; R.sub.3 is H, straight or branch chain or cyclic C.sub.1-6 alkyl, C.sub.1-6 hydroxyalkyl, benzyloxyalkyl, or phenyl; R.sub.4 is H, OH, or alky; R.sub.5 is H, OH, NH.sub.2, C.sub.1-4 alkyl, C.sub.1-4 hydroxyalkyl, benzyloxy, benzoyloxy, benzoyloxymethyl, sulfamoyloxy, phosphate carboxypropiamyloxy, straight chain or cyclic acyloxy having from 1 to 8 carbon atoms e.g., acetoxy or substituted carbamoyl group of formula NH.CO--Z wherein Z is alkyl, aryl or aralkyl optionally substituted by one or more of sulfonyl, amino, carbamoyl or halogen; R.sub.6 is H or alkyl (e.g., when X is O and R.sub.2, R.sub.3, R.sub.4, and R.sub.6 are H, R.sub.1 is not amino or methylamino when R.sub.5 is hydrogen or hydroxy), or a salt thereof. Other analogs of acyclovir include 1-O-hexadecylpropanediol-3-p-acyclovir, 1-O-hexadecylpropanediol-3-phosphoacyclovir, 1-O-octadecyl-sn-glycero-3-phosphoacyclovir, 2'-O-glycyl acyclovir, 2,6-diamino-9-(2-hydroxyethoxymethyl)purine, 3,9-dihydro-3-((2-hydroxyethoxy)methyl)-6-ethyl-9-oxo-5H-imidazo(1,2-a)pu- rine, 3-methyl-cyclosal-PCVMP, 6-deoxypenciclovir, 8-fluoropenciclovir, 9-((1,3-dihydroxy-2-propylthio)methyl)guanine, 9-((2-aminoethoxy)methyl)guanine, 9-(2'-(9''-octadecenoyloxy)ethoxymethyl)guanine, 9-(3,4-dihydroxybutyl)guanine, 9-(4-hydroxy-2-(hydroxymethyl)butyl)-guanine triphosphate, 9-(4-hydroxybutyl)guanine, acyclovir .beta.-glucoside, acyclovir diphosphate dimyristoylglycerol, acyclovir fluorophosphate, acyclovir monophosphate, acyclovir monophosphate-lactosaminated serum albumin conjugate, acyclovir phosphite, acyclovir triphosphate, acyclovir-5'-(phenyl methoxy alaninyl)phosphate, BIOLF 143, bis(2-(guanin-9-ylmethoxy)ethoxy)-4-(methylsulfonyl)phenyl phosphate, BRL 42359, bucyclovir triphosphate, desciclovir, diamminechloro(9-(2-hydroxyethoxymethyl)guan-7-yl)platinum(II), famciclovir, .gamma.-glutamylacyclovir, ganciclovir, guanin-9-yl methyloxy-2-ethyl bis(S-acetyl-2-thioethyl)phosphate, guanin-9-yl methyloxy-2-ethyl bis(S-pivaloyl-2-thioethyl)phosphate, penciclovir, penciclovir triphosphate, tyrosylacyclovir, val-valacyclovir, and valacyclovir. Additional analogs are described in U.S. Pat. Nos. 4,806,642, 4,957,924, 5,580,571, 6,214,811, and 6,031,096. where R.sub.1 is hydrogen or a C.sub.1-8 alkyl group, R.sub.2 is a member selected from the group consisting of H, C.sub.1-8 alkyl, and the acyl group of a hydrocarbon carboxylic acid of 2 to 18 carbon atoms; R.sub.3 is OH, n is 3, 4, or 5, and OR.sub.2 and R.sub.3 may have an .alpha. or .beta. configuration. Exemplary of lower alkyl containing from 1 to 8 carbon atoms suitable for include branched or straight chain hydrocarbon groups such as methyl, ethyl, propyl, isopropyl, butyl, tert-butyl, pentyl, and hexyl. Exemplary acyl groups include acetyl, propionyl, butyryl, hexanoyl, octanoyl, lauroyl, palmitoyl, stearoyl, and oleoyl. Other alprostadil analogs are described in U.S. Pat. No. 5,219,885. Other prostaglandins that can be used in the invention are described below. Other prostaglandins include 2-chloro-4-hydroxy-5-(6-methoxycarbonyl-2-hexyenylidene)-4-n-octyl-2-cycl- opentanone, 4-fluoroenisoprost, 7-hydroxy-5,11-dioxotetranorprostane-1,16-dioic acid, AY 22093, bromovulone III, carijenone, claviridenone E, claviridenone F, claviridenone G, clavubicyclone, MR 256, NEPP11 compound, NEPP6 compound, NEPP6-biotin, prostaglandin endoperoxides, prostaglandins A, prostaglandins B, prostaglandins D, prostaglandins E, prostaglandins F, prostaglandins I (e.g., epoprostenol), RS 61756-007, S 1033, tricycloclavulone. Prostaglandins A include 13,14-dihydro-15-deoxy-.DELTA.-prostaglandin-A1-methyl ester, 13,14-dihydro-.DELTA.7-prostaglandin A1 methyl ester, 15-keto-13,14-dihydroprostaglandin A2, 16,16-dimethylprostaglandin A2 methyl ester, 5-(4-N,N-dimethylaminophenylmethylene)-4-hydroxy-2-(1-methylimidazol-2-yl- thio)-4-(4-phenylbutyl)-2-cyclopentenone, 8-isoprostaglandin A2, chlorovulone I, clavulone II, clavulones, prostaglandin A1, prostaglandin A2, prostaglandin A2 isopropyl ester, and TEI 3313. Prostaglandins B include 15-ketoprostaglandin B1, 16,16-dimethyl-15-dehydroprostaglandin B1 trimer, 19-hydroxyprostaglandin B2, di-Calciphor, OC 5181, OC 5186, prostaglandin B1, prostaglandin B2, and prostaglandin Bx. Prostaglandins D include 9-chloro-15-cyclohexyl-11,15-dihydroxypentanor-5,13-prostadienoic acid, 9-fluoro-15-cyclohexyl-11,15-dihydroxypentanor-5,13-prostadienoic acid, 9-fluoro-15-hydroxy-16-phenoxy-17,18,19,20-tetranor-5,13-prostadienoic acid, 9-hydroxy-11,15-dioxo-2,3,18,19-tetranorprost-5-ene-1,20-dioic acid, prostaglandin D2, and prostaglandin D3. Prostaglandin D2 analogs include 11,15-dioxo-9-hydroxy-2,3,4,5-tetranorprostan-1,20-dioic acid, 11-methoxime prostaglandin D2, 11-methyleneprostaglandin D2, 13,14-dihydro-15-ketoprostaglandin D2, 15-deoxy-.DELTA.(12,14)-prostaglandin J2, 15-deoxyprostaglandin J2, 15-methylprostaglandin D2, 9-deoxy-9,10-didehydro-12,13-didehydro-13,14-dihydroprostaglandin D2, 9-deoxy-.DELTA.-9-prostaglandin D2, anhydrolevulgandin D2, .DELTA.(12)-prostaglandin J(2), prostaglandin D2 4-azidophenacyl ester, prostaglandin D2 methyl ester, and TS-002. Prostaglandin E1 analogs include 11,15-bisdeoxyprostaglandin E1, 11-deoxy-10-hydroxyprostaglandin E1 methyl ester, 11-deoxy-13,14-dihydro-8-azaprostaglandin E(1), 11-deoxy-16,16-trimethyleneprostaglandin E1, 11-deoxy-16-phenoxy-17,18,19,20-tetranorprostaglandin E1, 11-deoxy-4,4-dimethyl-4-silaprostaglandin E1, 11-deoxy-8-azaprostaglandin E(1), 11-deoxyprostaglandin E1, 11-deoxyprostaglandin E1 4-hydroxyphenyl ester, 13,14-dihydro-15-ketoprostaglandin E1, 13,14-dihydroprostaglandin E1, 15(S)-15-methylprostaglandin E1, 15-cyclohexyl-omega-pentanor-7-thiaprostaglandin E1, 15-fluoro-11,15-dideoxyprostaglandin E1, 15-keto-13,14-dihydro-6-ketoprostaglandin E1, 15-keto-prostaglandin E0, 15-ketoprostaglandin E, 16,16-dimethyl-.DELTA.2-prostaglandin E1, 16,18-ethano 20-ethyl-6-oxoprostaglandin E1, 16,18-ethano-20-ethyl-6-oxoprostaglandin E1 leucinamide, 17,18-dehydroprostaglandin E1, 18-hydroxyprostaglandin E1, 19-hydroxyprostaglandin E1, 20-dimethyl-7-thiaprostaglandin E1 methyl ester, 20-hydroxyprostaglandin E1, 3,7-dithia(11.alpha.,13E,15S)-11,15-Dihydroxy-9-oxoprost-13-en-1-oic acid, 3-oxa-4,5,6-nor-(3,7-inter)-3-phenyleneprostaglandin E1 methyl ester, 3-oxa-4,5,6-nor-3,7-inter-3-phenyleneprostaglandin E1, 3-oxa-4,5,6-trinor-3,7-inter-3-phenyleneprostaglandin E1 amide, 4-thiaprostaglandin E1, 5(6)-epoxyprostaglandin E1.alpha., 5,6-dihydroxyprostaglandin E1, 6-ketoprostaglandin E1, 7-keto-9,9-ethylenedioxiprostanoid, 7-oxo-15-methylprostaglandin E1 methyl ester, 8-azaprostaglandin E1, alibra, AY 23626, butaprost, .delta.-17-tetranorprostaglandin E1, enisoprost, gemeprost, isoprostaglandin E1, limaprost, limaprost-alfadex, lubiprostone, MDL 646, MR 356, NP 01A, NP 07 A, NP 13 A, ONO 1082, ONO 1206, ONO-DI-004, ornoprostil, prostaglandin E0, prostaglandin E1 ethyl ester, prostaglandin E1 methyl ester, prostaglandin E1.alpha.-cyclodextrin, prostaglandin E1-hexyl-sepharose, prostaglandin E3, SC 29169, SC 31391, SC-46275, SPM 206, tetranorprostaglandin E1, TFC 612, and TR4161. Dinoprostone (prostaglandin E2) analogs include 11-deoxy,16,16-dimethyl prostaglandin E2, 11-deoxy-11,12-methanoprostaglandin E2, 11-deoxy-11.alpha.-(2-hydroxyethylthio)-prostaglandin E2 methyl ester, 11-deoxy-15-keto-13,14-dihydro-11 beta,16-cycloprostaglandin E2, 11-deoxyprostaglandin E2-1-alcohol, 12-isoprostaglandin F(2.alpha.), 13,14-didehydroprostaglandin E2, 13,14-dihydro-16-phenyl-.OMEGA.-tetranorprostaglandin E2, 13,14-dihydroprostaglandin E2, 15-deoxy-16-hydroxy-16-vinylprostaglandin E2, 15-fluoro-15-deoxyprostaglandin E2, 15-hydroperoxyprostaglandin E2, 15-keto-13,14-dihydroprostaglandin E2, 15-keto-13,14-dihydroprostaglandin E2-thyroglobulin conjugate, 15-ketoprostaglandin E2, 16-methyl prostaglandin E2, 16-methyl-13,14-didehydroprostaglandin E2, 16-methyl-16-methoxyprostaglandin E2, 16-methyl-20-methoxy-prostglandin E2, 17,17-dimethylprostaglandin E2, 17-(4-azidophenyl)-18,19,20-trinorprostaglandin E2, 17-phenyltrinorprostaglandin E2, 18,18,20-trimethylprostaglandin E2, 18-hydroxyprostaglandin E2, 19,20-dehydroprostaglandin E2, 19-hydroxyprostaglandin E2, 1a,1b-dihomoprostaglandin E2, 20-hydroxyprostaglandin E2, 20-isopropylidene prostaglandin E2, 20-methyl-13,14-didehydroprostaglandin E2, 8,12-epi-prostaglandin E2, 8-isoprostaglandin E2, 9-deoxy-9-chloro-15-deoxy-16-hydroxy-17,17-trimethylene-19,20-didehydropr- ostaglandin E2, 9-enol-prostaglandin E2 methyl ester trimethylsilyl ether, FCE 20700, HOE 260, N-acetylprostaglandin E2 carboxamide, ONO AE 248, prostaglandin D2 ethanolamide, prostaglandin E2 azidophenacyl ester, prostaglandin E2 ethanolamide, prostaglandin E2 glyceryl ester, prostaglandin E2 methyl ester, prostaglandin E2 methyl oxime, prostaglandin F2a ethanolamide, prostamide H2, sulprostone, trimoprostil, and viprostol. Prostaglandins F analogs include (5Z)-7-((1R,2R,3R,5S)-2-((1E)-3,3-difluoro-4-phenoxy-1-butenyl)-3,5-dihyd- roxycyclopentyl)-5-heptenoic acid, 15-cis-(4-n-propylcyclohexyl)-16,17,17,19,20-pentanor-9-deoxy-6,9-.alpha.- -nitriloprostaglandin F1, 2,3-dinor-6-oxoprostaglandin F1.beta., 5(6)-epoxyprostaglandin F1.alpha., 5,6-dihydroxyprostaglandin F1, 5,7-dihydroxy-11-ketotetranorprostanoic acid, alfaprostol, butyryl prostaglandin F1 butyl ester, C22-prostaglandin F4.alpha., 6-Ketoprostaglandin F1.alpha., lymphocytic thyroid stimulator (non-immunoglobulin), Dinoprost, prostaglandin F-main urinary metabolite, prostaglandin F1, prostaglandin F1.beta., prostaglandin F2.beta., prostaglandin F3.alpha., and tafluprost. 6-Ketoprostaglandin F1.alpha. analogs include 2,3-dinor-6-ketoprostaglandin F1.alpha., 5-hydroxy-6-ketoprostaglandin F1.alpha., 6,15-diketo-13,14-dihydroprostaglandin F1.alpha., 6,15-diketoprostaglandin F1.alpha., 6-ketoprostaglandin F1.alpha.-thyroglobulin conjugate, 6-ketoprostaglandin F1.alpha.-tyramide, .DELTA.(17)-6-ketoprostaglandin F1.alpha., and endothelin-1,2-6-ketoprostaglandin F1.alpha.. Dinaprost (prostaglandin F2.alpha.) analogs include 1-ethyl(5Z)-7-((1R,2R,3R,5S)-2-((1E)-3,3-difluoro-4-phenoxy-1-butenyl)-3,- 5-dihydroxycyclopentyl)-5-heptenoate, 1-methyl(5Z)-7-((1R,2R,3R,5S)-2-((1E)-3,3-difluoro-4-phenoxy-1-butenyl)-3- ,5-dihydroxycyclopentyl)-5-heptenoate, 11-fluoro-11-dehydroxyprostaglandin F2.alpha., 11-fluoro-11-deoxyprostaglandin F2.alpha., 11-ketotetranorprostaglandin F2.alpha., 13,14-dihydroprostaglandin F2.alpha., 13,14-dihydroxy-15-ketoprostaglandin F2.alpha., 15-fluoro-15-deoxyprostaglandin F2.alpha., 15-keto-13,14-dihydroprostaglandin F2.alpha., 15-keto-17-phenyl-18,19,20-trinorprostaglandin F2.alpha.-1-isopropyl ester, 15-ketoprostaglandin F2.alpha., 15-propionat-prostaglandin F2.alpha.-isopropyl ester, 16,16-dimethylprostaglandin F2.alpha., 16-(3-chlorophenoxy)-17,18,19,20-tetranorprostaglandin F2.alpha., 16-aminoprostaglandin F2.alpha. methyl ester, 16-fluoromethyleneprostaglandin F2.alpha., 17-azaprostaglandin F2.alpha., 17-phenyl-18,19,20-trinor-prostaglandin F2.alpha.-1-isopropyl ester, 17-phenyl-18,19,20-trinorprostaglandin F2.alpha., 17-phenylprostaglandin F2.alpha., 18,19,20-trinor-17-cyclohexyl-13,14-dehydroprostaglandin F2.alpha. methyl ester, 19-hydroxyprostaglandin F, 1a,1b-dihomoprostaglandin F2, 2,3-dinor-5,6-dihydro-15-F-isoprostane, 2,3-dinor-5,6-dihydro-8-iso-prostaglandin F2.alpha., 2,3-dinor-5,6-dihydroisoprostane F2.alpha.-III, 2-decarboxy-2-(P-methylphosphinico)-16-phenoxytetranorprostaglandin F2.alpha., 20-methyl-13,14-(didehydroprostaglandin) F2.alpha., 3-(3,5-dihydroxy-2-(oxodecyl)cyclopentyl)propionic acid, 6-keto-prostaglandin F2.alpha., 7-(3,5-dihydroxy-2-(3-oxodecyl)cyclopentyl)hept-5-enoic acid, 8,12-iso-isoprostane F2.alpha.-III, 8,12-iso-isoprostane F2.alpha.-VI, 8-epi-prostaglandin F2.alpha., 9-chloro-15-cyclohexyl-11,15-dihydroxy-3-oxa-16,17,18,19,20-pentanor-5-pr- ostenoic acid, AFP-157, AL 6598, AL 8810, AL 8810 ethylamide, AL-3138, AY 24366, delprostenate, dinoprost tromethamine, etiproston, etiproston tromethamine, fluprostinol, ICI 79939, isopropyl unoprostone, N-dimethylaminoprostaglandin F2.alpha., PhXa 85, prostaglandin F2 ethyl ester, prostaglandin F2 isopropyl ester, prostaglandin F2 methyl ester, prostaglandin F2.alpha. 11-methyl ether, prostaglandin F2.alpha. 15-methyl ether, prostaglandin F2.alpha. 9-methyl ether, prostaglandin F2.alpha. N-dimethylamide, ZK 110841, ZK 118182, and ZK 71677. Epoprostenol analogs include 10,10-difluoro-13-dehydroprostacyclin, 11-desoxyprostacyclin, 13,14-dehydroprostaglandin I2, 13,14-dehydroprostaglandin I2 methyl ester, 13,14-didehydro-20-methylcarboprostacyclin, 13,14-dinor-inter-p-phenylene carbacyclin, 15-cyclopentyl-7-oxo-prostaglandin I2-ephedrine, 15-deoxy-(16-m-tolyl)-17,18,19,20-tetranorisocarbacyclin methylester, 15-deoxy-16-m-tolyl-17,18,19,20-tetranorisocarbacyclin, 15-fluoro-13,14-dehydrocarbacyclin, 15-ketoprostaglandin I2, 16-tolyl-17,18,19,20-tetranorisocarbacyclin, 17,20-dimethylisocarbacyclin, 19-(3-azidophenyl)-20-norisocarbacyclin, 2,2,10,10-tetrafluoro-13-dehydroprostacyclin, 20-methyl-13,14-didehydro-2,4-inter-3-phenylene prostaglandin I2, 3-oxa-9(O)-methano-delta(6,9)prostaglandin I(1), 3-oxacarbacyclin, 3-oxahomoisocarbacyclin, 4,5-didehydroisocarbacyclin, 5,6-dihydroprostacyclin, 5-hydroxyprostaglandin I, 5-methyleneisocarbacyclin, 5-nitroprostaglandin I1, 5-nitroprostaglandin I2, 6,9-thiaprostacyclin, 6a-carbaprostaglandin I3, 7-fluoroprostacyclin, 7-oxo-cyclopentyl-prostaglandin I2, 7-oxo-prostaglandin I2-ephedrine, 7-oxoprostaglandin I2, 7a-homo-2-norprostacyclin, 9-O-methanoprostaglandin I, AFP 03, AFP 06, AFP 07, APS 306, benzodioxane prostacyclin, beraprost, bicyclo(4.3.0)non-2-ene homoisocarbacyclin, carbaprostacyclin, carboprostacyclin, CG 4303, Chinoin 7284, Chinoin 7384, cicaprost, ciprostene, CL 115999, dehydro-15-cyclohexylcarbaprostacyclin, dihomo-prostaglandin I(2), FCE 21258, HOE 892, homoisocarbacyclin, KP 10614, MM 706, naxaprostene, nileprost, nitriloprostaglandin I2, ONO 41483, OP 2507, OP 41483-.alpha.-cyclodextrin, piriprost, prostaglandin I2 11-methyl ether, prostaglandin I2 15-methyl ether, prostaglandin I2 methyl ester, prostaglandin I3, R 59274, SC 39902, SM 10902, SM 10906, taprostene, TEI 1324, TEI 3356, TEI 4343, TEI 9090, TFC 132, tilsuprost, treprostinil, TRY 200, TTC 909, TY 10957, TY 11223, U 56467, U 68215, and U 72382. Synthetic prostaglandin analogs include (+)(-)-8,12-trans-9-oxo-prosta-5,14-dienoic acid, 11-methoxime prostaglandin D2, 9.alpha.,11.alpha.,15.alpha.-trihydroxy-16-phenoxy-17,18,19,20-tetranorpr- osta-4,5,13-trienoic acid, 9-chloro-15-cyclohexyl-11,15-dihydroxypentanor-5,13-prostadienoic acid, 9-fluoro-15-cyclohexyl-11,15-dihydroxypentanor-5,13-prostadienoic acid, AL-12182, EMD 33290, EP 045, EP 092, GIF 0010, GIF 0037, Iloprost, synthetic prostaglandin endoperoxides, synthetic prostaglandins A, synthetic prostaglandins E, synthetic prostaglandins F, and U 62840. Iloprost analogs include 2,6-dichloro-4-aminophenol iloprost, eptaloprost, and iloprost phenacyl ester. Synthetic prostaglandin endoperoxides include 9,11-azo-13-oxa-15-hydroxyprostanoic acid, 9,11-iminoepoxyprosta-5,13-dienoic acid, prostaglandin H2 9-cyclic ether, prostaglandin H2 methyl ester, and U 44069. Synthetic prostaglandins A include 16,16-dimethylprostaglandin A1, 9-oxo-15-hydroxy-.DELTA.7,10,13-prostatrienoic acid methyl ester, GSH-prostaglandin A1, HR 546, punaglandin III, and TEI9826. Synthetic prostaglandins E include 16,16-dimethylprostaglandin E, 16-hydroxy-16-methyl-9-oxo-prosta-10,13-dien-1-oic acid methyl ester, CL 115574, CL 116069, CP 48630, 16,16-dimethylprostaglandin E2 or an analog thereof (e.g., 11-methyl-16,16-dimethylprostaglandin E2, 16,16-dimethylprostaglandin E2 (4-acetamidobenzamido)phenyl ester, 16,16-dimethyprostaglandin E2 4-benzaldehyde semicarbazone ester, 19-hydroxy-16,16-dimethylprostaglandin E2, 9-deoxy-16,16-dimethyl-tetranor-9-methyleneprostaglandin E2, and meteneprost), enprostil, GR 63799X, arbaprostil or a analog thereof (e.g., 15-deoxy-16-methyl-16-hydroxy-3,4-didehydroprostaglandin E2 methyl ester and 15-methylprostaglandin E2 methyl ester), misoprostol or an analog thereof (e.g., 2-demethoxycarbonyl-2-ethoxycarbonyl-11-deoxymisoprostol, Arthrotec, diclofenac-misoprostol, misoprostol acid, and SC 53450), ONO-747, rioprostil, Ro 22-6923, RS 20216, RS 61565, and Wy 17186. Analogs of aristolochic acid include 7-(deoxyadenosin-N(6)-yl)aristolactam II, 7-(deoxyadenosin-N(6)-yl)aristolactam I, 7-(deoxyguanosin-N(2)-yl)aristolactam II, 7-(deoxyguanosin-N(2)-yl)aristolactam I, 7-methoxyaristolochic acid A, 7-methoxyaristololactam IV, 9-ethoxyaristolactone, 9-ethoxyaristololactam, 9-hydroxy aristolochic acid I, aristolactam I, aristolic acid, aristolochic acid C, aristolochic acid E, aristolochic acid II, aristololactam BII, aristololactam IVa, aristololactam-glucoside, aristoloside, methyl aristolate, and N-((6'-p-coumaroyl)glucopyranosyl)aristolactam. where each of R.sub.1 and R.sub.2 is individually selected from the group consisting of H and C.sub.1-8 alkyl; R.sub.3 is selected from the group consisting of NHCONH.sub.2, NHC(S)NH.sub.2, NHCNHNH.sub.2, NHR.sub.4, NHCOOR.sub.5, NHCOR.sub.6, OR.sub.7, where R.sub.4 is selected from the group consisting of C.sub.1-8 alkyl, phenyl, benzyl, and hydroxyalkyl containing from 2 to 4 carbon atoms; R.sub.5 is selected from the group consisting of lower alkyl, hydroxyalkyl containing from 2 to 4 carbon atoms, and haloalkyl containing from 2 to 4 carbon atoms; R.sub.6 is selected from the group consisting of C.sub.1-8 alkyl and phenyl; and R.sub.7 is selected from the group consisting of hydrogen and C.sub.1-8 alkyl. where R is pyridyl optionally substituted with one or more (e.g., 2, 3, 4) halogen groups, Z is O or S, and each R' independently represents C.sub.1-8 alkoxy, amino, or C.sub.1-8 alkylamino. if R.sub.1 is present and Z.sub.1 or Z.sub.2 is --NHR.sub.2, --CH.sub.2R.sub.2, or --NR.sub.2OH, then R.sub.1 may be connected by a single or double bond to the carbon or nitrogen of either Z.sub.1 or Z.sub.2 to form a 4-7 member ring. Isoflavone analogs include (3R)-4'-methoxy-2',3,7-trihydroxyisoflavanone, (3R)-6,2'-dihydroxy-7-methoxy-4',5'-methylenedioxyisoflavan, (R)-3',5-dihydroxy-4',7-dimethoxyspiro(2H-1-benzopyran-3(4H),7'-bicyclo(4- .2.0)-octa(1,3,5)-trien)-4-one, 10,11-dihydroxydracaenone C, 2'',6''-O-diacetyloninin, 2''-O-glycosylisovitexin, 2',4',7-trihydroxyisoflavone, 2'-hydroxy-5'-methoxybiochanin A, 2'-hydroxy-5,6,7-trimethoxyisoflavonoid, 2'-hydroxy-6,4',6'',4'''-tetramethoxy(7-O-7'')-bisisoflavone, 2'-methoxybonducellin, 2'-methoxydihydrobonducellin, 2,7,4'-trihydroxyisoflavanone, 2-methoxy-3,8,9-trihydroxy coumestan, 3',4',7-trihydroxyisoflavone, 3',7-dihydroxy-2',4',5',8-tetramethoxyisoflavan, 3',7-dihydroxyisoflavan, 3'-chloro-5,7-dihydroxyisoflavone, 3'-hydroxy-6,4'-dimethoxy-7-O-glucopyranozylisoflavone, 3'-methoxypuerarin, 3'-prenyl-4'-methoxyisoflavone-7-O-beta-(2''-O-4-coumaroyl)glucopyranosid- e, 3(2H)-isoflavene, 3-(3-bromophenyl)-5,7-dihydroxy-4-oxo-4H-chromene-2-carboxylic acid ethyl ester, 3-(4'-methoxybenzyl)-7,8-methylenedioxychroman-4-one, 3-(4-hydroxybenzyl)-5-hydroxy-6,7,8-trimethoxychroman-4-one, 4',5,6,7-tetrahydroxy-8-methoxyisoflavone-7-O-beta-D-galactopyranosyl-(1-- 3)-O-beta-D-xylopyranosyl-(1-4)-O-alpha-L-rhamnopyranoside, 4',5,7-trihydroxy-6,8-dimethylisoflavone, 4',5-dihydroxy-2',3'-dimethoxy-7-(5-hydroxyoxychromen-7yl)-isoflavanone, 4',5-dihydroxy-7-O-methylisoflavone-3'-O-(3''-cinnamoyl)glucoside, 4',7,8-trihydroxyisoflavone, 4',7-dimethoxy-2'-isoflavonol, 4',8-dihydroxyl-7-methoxylisoflavone, 4'-methoxypuerarin, 4'-O-coumaroyl-isovitexine, 4'-O-methyl equol, 4'-O-methylalpinumisoflavone, 5,4'-dimethoxy-3'-prenylbiochanin A, 5,6,6'-trimethoxy-3',4'-methylenedioxyisoflavone 7-O-(2''-O-4-coumaroylglucopyranoside), 5,6,7-trihydroxy-3-(3,4,5-trimethoxyphenyl)-1H-benzopyran-4-one, 5,7,4'-trihydroxy-2'-methoxyisoflavone, 5,7,4'-trihydroxy-3'-(3-hydroxy-3-methylbutyl)isoflavone, 5,7,8,4'-tetrahydroxyisoflavone, 5,7-dihydroxy-2',3',5',6'-tetramethoxy isoflavone, 5,7-dihydroxy-2',4',5'-trimethoxyisoflavanone, 5,7-dihydroxy-2'-methoxy-3',4'-methylenedioxyisoflavanone, 5,7-dihydroxy-3-(3-hydroxy-4-methoxybenzyl)-6-methoxychroman-4-one, 5-hydroxy-2',4',5'-trimethoxy-2'',2''-dimethylpyrano(5'',6'':6,7)isoflava- none, 5-methoxyxanthocercin A, 6''-O-malonyldaidzin, 6''-O-xylosyltectoridin, 6,7,4'-trihydroxyisoflavan, 6,7,4'-trihydroxyisoflavanone, 6,7,4'-trihydroxyisoflavone, 6,7,8,3',4',5'-hexamethoxyisoflavone, 6,7-dihydroxy-4'-methoxyisoflavanone, 6-aldehydo-7-methoxyiso-ophiopogonanone B, 6-chloro-3(2H)-isoflavene, 6-hydroxy-7,2',4',5'-tetramethoxyisoflavone, 6-hydroxybiochanin A, 6-hydroxydaidzein, 6-O-glucuronopyranosyl-2',5,6-trihydroxyisoflavone, 2'-O-sulfate, 6-oxazolinylisoflavan, 7,2'-dihydroxy-3',4'-dimethoxyisoflavane-7-O-glucoside, 7,3',4'-trihydroxy-5-O-alpha-L-rhamnopyranosylisoflavone, 7,3',4'-trihydroxy-5-O-beta-D-(2''-acetyl)-xylopyranosylisoflavone, 7,3'-dihydroxy-4'-methoxy-5'-(gamma,gamma-dimethylallyeisoflavone, 7,3'-dihydroxy-4'-methoxyisoflavone, 7,3'-dihydroxy-6'',6''-dimethyl-4'',5''-dehydropyrano(2'',3'':4',5')isofl- avone, 7,3'-dihydroxyl-5'-methoxyisoflavone, 7,4'-dimethoxy-5-hydroxyisoflavone, 7,4'-dioxyethoxydaidzein, 7,4'-disuccinic acid monoester-O-ethoxydaidzein, 7,6'-dihydroxy-3'-methoxyisoflavone, 7,8,3',4',5'-pentamethoxyisoflavone, 7,8,4'-trihydroxyisoflavone, 7,8,4'-trimethoxyisoflavone, 7,8-dihydroxy-2',4',5'-trimethoxyisoflavan, 7-hydroxy-2',3',4',5',8-pentamethoxyisoflavan, 7-hydroxy-4'-methoxy-3'-prenylisoflavone, 7-hydroxy-6,4'-dimethoxy-isoflavonequinone, 7-methoxy-4'-hydroxy-3'-diethylaminomethylisoflavone, 7-O-(carboxypropyl)-4'-hydroxyisoflavone, 7-O-beta-glucopyranosyl-4'-hydroxy-5-methoxyisoflavone, 7-O-methyleucomol 5-O-glucopyranoside, 7-O-methyleucomol 5-O-neohesperidoside, 7-O-methyleucomol 5-O-rutinoside, 7-O-methylisolupalbigenin, 8-chloro-3',4',5,7-tetrahydroxyisoflavone, 8-hydroxydaidzein, 8-hydroxyglycitein, 8-isopentenylnaringenin, 8-methoxy-5,6,4'-trihydroxyisoflavone-7-O-glucopyranoside, 8-methoxyvestitol, 8-prenyldaidzein, 8-prenylmucronulatol, acetylpuerarin, afromosin, alpinumisoflavone, astraisoflavanin, auriculasin, bavadin, bidwillon B, biochanin A 7-O-(apiofuranosyl-(1-5)-apiofuranosyl-(1-6)-glucopyranoside), bolusanthol A, bolusanthol B, bolusanthol C, cabreuvin, cajanol, calycosin-7-O-beta-D-glucoside, calycosin-7-O-glucopyranoside, chungkookjang, CJY compound, CK 122, claussequinone, colutehydroquinone, colutequinone, coromandelin, coumestrol, daidzein, daidzein 7-O-beta-D-glucuronide-4'-O-sulfate, daidzein-4',7-yl diglucopyranosiduronic acid, daidzein-4'-O-sulfate, daidzein-4,7-diglucoside, daidzein-7,4'-di-O-sulfate, daidzein-7-yl glucopyranosiduronic acid, daidzin, dalbergion 4'-O-glucopyranoside, dalcongestin, dalnigrein7-O-beta-D-apiofuranosyl-(1-6)-beta-D-glucopyranoside, dalpatein 7-O-beta-D-apiofuranosyl-(1-6)-beta-D-glucopyranoside, dehydroequol, derrubone, desmodianone A, desmodianone B, desmodianone C, dichotomitin, dihydrobonducellin, dihydrodaidzein, dihydrodaidzin, dihydrogenistin, dihydroisoderrondiol, dihydrolicoisoflavone, duartin, echinoisoflavanone, EMD 16795, equol, eriotriochin, erycristagallin, euchrenone b10, eurycarpin A, eurycarpin B, formononetin, fremontin, fremontone, fujiflavone P40, furowanin B, gancaonin A, genistein, genistein 4',7'-bis(6-deoxytalopyranoside), genistein 7-(6-deoxytalopyranoside), genistein 7-O-alpha-L-rhamnopyranoside-4'-O-(6'''-O-alpha-L-rhamnopyranosyl)-beta-s- ophoroside, genistein 7-O-beta-D-glucopyranoside-4'-O-(6'''-O-alpha-L-rhamnopyranosyl)-beta-sop- horoside, genistin, glabrene, glabrizoflavone, glaziovianin A, glicoisoflavanone, glisoflavanone, glycitein, glycitin, haginin A, hydroxyethylpuerarin, indicanine C, intricatinol, ipriflavone, irigenin, irilin A, irilin B, irilin D, irilone, irisone A, irisone B, isocytisoside, isocytisoside-7-O-glucopyranoside, isoflavanone, isovitexin 2''-O-glucoside, isovitexin-4'-O-glucoside, judaicin (isoflavone), kakkalide, kievitone, kraussianone 1, kraussianone-1, kraussianone-2, kwakhurin, lanceolarin, licoisoflavone A, licoisoflavone B, lupinalbisone A, lupinalbisone B, mahuangchiside, malonylgenistin, manuifolin D, manuifolin E, manuifolin F, manuifolin Q, menoflavon, methylaminium 4',7-dihydroxyisoflavone-3'-sulfonate, methylophiopogonanone B, millewanin G, millewanin H, munetone, muscomin, N99-596 A, N99-596 B, nigrolineaisoflavone A, O-desmethylangolensin, O-methylclaussequinone, ormosidin, osajaxanthone, osajin, pallidifloric acid methyl ester, pallidiflorin, pentandrin, pentandrin glucoside, phaseollin (isoflavan), phenoxodiol, phytosoya, promensil, prunetin, prunetin-4'-O-beta-D-gentiobioside, psi-baptigenin, psi-tectorigenin, Pterocarpans, puerarin, robustic acid, rotenone, sativan, scandenone, senegalensin, sigmoidin I, sigmoidin J, sigmoidin K, smiranicin, sophoraisoflavanone D, sophoraisoflavone A, sophorol, soy isoflavone aglycone, tectoridin, tectorigenin, tectorigenin 7-O-(apiofuranosyl-(1-6)-glucopyranoside), tetrahydrodaidzein, tlatancuayin, torvanol A, triquetrumone A, triquetrumone B, triquetrumone C, triquetrumone D, ulexin C, ulexin D, vavain, vavain 3'-O-glucoside, vogelin A, vogelin B, vogelin C, vogelin H, vogelin I, vulgarin (isoflavones), warangalone, warangalone-4'-methyl ether, and yufengningxin. Analogs are also described in U.S. Pat. Nos. 2,764,596, 2,892,845, 2,892,846, 3,755,372, 3,907,830, 3,864,362, 4,841,077, and 4,264,509. OR.sub.5 where R.sub.5 is H, C.sub.1-5 alkyl optionally substituted with OH or NR.sub.6R.sub.7 where R.sub.6 and R.sub.7 are independently H or C.sub.1-5 alkyl or are joined together form a heterocycle with the nitrogen to which they are attached (e.g., piperidino, morpholino, or piperazino), C.sub.1-5 alkanoyl optionally substituted with OH, NR.sub.6R.sub.7, NHCOR.sub.8, or COR.sub.8 where R.sub.8 is OH, NR.sub.6R.sub.7, or C.sub.1-5 alkoxy; or COR.sub.9, where R.sub.9 is NR.sub.6R.sub.7 or a 5- or 6-membered aromatic heterocycle such as pyridyl, imidazolyl, pyrazinyl, thiazolyl, thienyl, or oxazolyl; NR.sub.6R.sub.7; NHR.sub.10 wherein R.sub.10 is SO.sub.2NR.sub.6R.sub.7, SO.sub.2R.sub.11 where R.sub.11 is C.sub.1-5 alkyl, or CONR.sub.6R.sub.7, C.sub.1-5 alkyl, optionally substituted with OR.sub.5, CN, NR.sub.6R.sub.7, or COR.sub.8, SO.sub.2R.sub.11; SO.sub.2NR.sub.6R.sub.7, or halo, such as Cl, Br, or F; R.sub.1 and R.sub.3, or R.sub.2 and R.sub.4 taken together represent a double bond; R.sub.1 and R.sub.2, or R.sub.3 and R.sub.4 taken together represent .dbd.O, or .dbd.NOR.sub.12 where R.sub.12 is H or C.sub.1-3 alkyl; and one of the CH.sub.2 groups of --(CH.sub.2).sub.n-- is optionally substituted with --COR.sub.8, --CH.sub.2R.sub.8, or --CH.sub.2COR.sub.8. where R.sub.1 and R.sub.2 are independently H, a halogen, CN, C.sub.1-6 alkyl, or acyl; R.sub.3 is C.sub.1-6 alkyl, a C.sub.2-6 alkenyl, or C.sub.6-12 aryl optionally substituted with F, Cl, Br, CF.sub.3, C.sub.1-6 alkyl, or C.sub.1-6 alkoxy, A.sub.1 and A.sub.2 are independently H, C.sub.1-6 alkyl group, acyl, C.sub.1-6 alkoxycarbonyl, or a dialkylcarbamyl group, (e.g., provided that when A.sub.1 and A.sub.2 are the same lower alkyl group and R.sub.3 is ethyl, R.sub.1, R.sub.2, or both are selected among CN, C.sub.1-6 alkyl, and acyl); or a physiologically acceptable salt or optical isomers thereof. Evoxine acts as a sedative and is an antagonist of strychnine and pentylenetrazole. Gauifenesin is used as an expectorant. Other hydroxyprogesterone compounds include 11.alpha.-bromoacetoxyprogesterone, 11,14-dihydroxypregn-4-ene-3,20-dione, 11-hydroxyprogesterone, 11-hydroxyprogesterone 11-glucuronide, 12.alpha.-hydroxyprogesterone, 14-hydroxypregna-1,4-diene-3,20-dione, 14-hydroxyprogesterone, 15,17-dihydroxyprogesterone, 15-hydroxyprogesterone, 16.alpha.,17.alpha.-isopropylidenedioxyprogesterone, 16.alpha.-bromoacetoxyprogesterone, 16,17-epoxy-3-hydroxypregn-5-en-20-one, 16-hydroxyprogesterone, 16-methylene-17.alpha.-acetoxyprogesterone, 16-methylene-17.alpha.-hydroxyprogesterone, 17.alpha.,20.beta.-dihydroxypregn-4-en-3-one, 17.alpha.-acetoxy-2',2',6.beta.-trifluoro-6.beta.,7.beta.-dihydro-16-meth- ylenecyclopropa(6,7)progesterone, 17,20-dihydroxy-4-pregnen-3-one, 17-(bromoacetoxy)progesterone, 17-acetoxy-11-oxaprogesterone, 17-acetoxy-7-oxaprogesterone, 17-.alpha.-hydroxy-progesterone caproate, 17-hydroxypregn-4-ene-3-one, 17-hydroxyprogesterone 17-(9-oxo-10-chlorodecanoate), 17-hydroxyprogesterone heptanoate, 17.alpha.-hydroxy-6-methylene-progesterone, 18-hydroxyprogesterone, 19-hydroxyprogesterone, 2-bromoacetoxyprogesterone, 21-amino-17-hydroxyprogesterone, 21-bromoacetoxyprogesterone, 3-O-glucopyranosyl-3,15-dihydroxypregn-5-en-20-one, 4-pregnen-20,21-diol-3-one, 6.beta.-acetoxyprogesterone, 6,17,20-trihydroxypregn-4-ene-3-one, 6-bromoacetoxyprogesterone, 6-hydroxy-6-methyl-17-acetoxyprogesterone, 6-hydroxyprogesterone, 6-trifluoromethyl-16-methylene-17.alpha.-hydroxy-4,6-pregnadiene-3,20-dio- ne 17-acetate, 7.alpha.-carboxymethyl-17-hydroxyprogesterone, 7.beta.-carboxymethyl-17-hydroxyprogesterone, 7,14-dihydroxypregn-4-ene-3,20-dione, 7-hydroxyprogesterone, caprovestrol, deluteval, flumedroxone, 17.alpha.-acetoxy-3.beta.-butanoyloxy-6-methyl-pregna-4,6-dien-20-one, 17.alpha.-acetoxy-3.beta.-isopropyloxy-6-methylpregna-4,6-dien-20-one, 17.alpha.-acetoxy-3.beta.-phenylpropionyloxy-6-methylpregna-4,6-dien-20-o- ne, 17-.alpha.-hydroxyprogesterone, Injectable No. 1, methylene-dehydroacetoxy-progesterone, pregna-1,4-diene-11-ol-3,20-dione, primosiston, progesterone 11-glucuronide-alkaline phosphatase conjugate, progesterone 11-hemisuccinate, progesterone 11-hemisuccinate-(2-iodohistamine), thymine-hydroxyprogesterone, and trophobolen. Analogs of kaempferol include (6'''-O-(delphinidin 3-O-(6''-O-p-coumaroylglucoside) 7-O-glucosyl)) (6''''-O-(kaempferol 3-O-glucoside, 7-O-xyloside, 4'-O-glucosyl))succinate, (6'''-O-(delphinidin 3-O-(6''-O-p-coumaroylglucoside) 7-O-glucosyl)) (6''''-O-(kaempferol 3,7-di-O-glucoside, 4'-O-glucosyl))succinate, 3,4'-dimethylkaempferol, 3,7-O-dimethylkaempferol, 3-hydroxy-2,3-dihydroapigenyl-(I-4',O,II-3')-dihydrokaempferol, 3-methylkaempferol, 3-O-((xylopyranosyl(1-3)-rhamnopyranosyl(1-6))(apiofuranosyl(1-2)))-galac- topyranosyl kaempferol, 3-O-.beta.-(.beta.-(6'''-acetyl)-D-glucopyranosyl(1-2))-D-glucopyranosyl kaempferol, 3-O-glucosyl-1-6-glucosylkaempferol, 3-O-rhamnopyranosylkaempferol-7-O-glucopyranoside, 4'''-acetylvitexin-2''-O-rhamnoside, 6,8-di-C-methylkaempferol 3-methyl ether, 6,8-dihydroxyafzelin, 6-hydroxykaempferol-3-O-glucoside, 6-methoxykaempferol 3-O-rhamnoside, 7-O-acetyl-3-O-glucosylkaempferol, 7-O-.alpha.-L-rhamnopyranosyl-kaempferol-3-O-.alpha.-L-rhamnopyranoside, 7-O-.alpha.-L-rhamnopyranosyl-kaempferol-3-O-.beta.-D-glucopyranoside, 8-lavandulylkaempferol, 8-methoxykaempferol-3-O-glucoside, afzelin 3''-O-gallate, amoenin A3, astragalin, camelliaside A, camelliaside C, clitorin, des-O-methylicariine, kaempefrol-3-O-arabinofuranoside-7-O-rhamnopyranoside, kaempferide, kaempferide 3-O-glucopyranosyl-1-2-O-(rhamnopyranosyl-1-6)glucopyranoside, kaempferide 3-O-neohesperidoside, kaempferol 3-(2(Gal)-(4-acetylrhamnosyerobinobioside), kaempferol 3-(2(Gal)-rhamnosylrobinobioside), kaempferol 3-(2,4-di-(4-coumaroyl)rhamnoside), kaempferol 3-arabinoside, kaempferol 3-gentiobioside, kaempferol 3-glucosyl(1-3)rhamnosyl(1-6)galactoside, kaempferol 3-O-((6''''-feruloyl)-.beta.-D-glucopyranosyl-(1-3))-(.alpha.-L-rhamnopyr- anosyl-(1-6))-.beta.-D-glucopyranoside, kaempferol 3-O-(2''-O-galloylrutinoside), kaempferol 3-O-(2(G)-(E)-coumaroyl-3(G)-O-.beta.-D-glucosyl-3(R)-O-.beta.-D-glucosyl- rutinoside), kaempferol 3-O-(apiofuranosyl-(1'''-2'')-rhamnopyranosyl-(1''''-6''))-galactopyranos- ide, kaempferol 3-O-.alpha.-L-3''-acetyl-arabinofuranoside, kaempferol 3-O-.alpha.-rhamnopyranosyl(1-2)-.beta.-galactopyranoside-7-O-.beta.-gluc- opyranoside, kaempferol 3-O-.alpha.-rhamnopyranosyl-(1-2)-.beta.-galactopyranoside, kaempferol 3-O-apiofuranoside 7-O-.alpha.-rhamnosyl-(1'''-6''')-O-galactopyranoside, kaempferol 3-O-apiofuranoside 7-O-rhamnosyl-(1''''-6''')-O-(2'''-O-E-caffeoylgalactopyranoside), kaempferol 3-O-apiofuranosyl-1-6-glucopyranoside, kaempferol 3-O-glucopyranoside-6''-(3-hydroxy-3-methyl glutarate), kaempferol 3-O-glucopyranosyl-1-4-rhamnopyranosyl-1-6-galactopyranoside, kaempferol 3-O-neohesperidoside, kaempferol 3-O-rhamnopyranosyl(1-2)-galactopyranoside-7-O-arabinofuranoside, kaempferol 3-O-rhamnopyranosyl(1-6)-galactopyranoside-7-O-arabinofuranoside, kaempferol 3-O-rhamnopyranosyl-1-6-glucopyranosyl-1-6-galactopyranoside, kaempferol 3-O-rhamnopyranosyl-1-6-O-(glucopyranosyl-1-3-O-rhamnopyranosyl-1-2)-O-ga- lactopyranoside, kaempferol 3-O-rhamnoside, kaempferol 3-O-sophoroside, kaempferol 3-O-sophoroside-7-O-glucoside, kaempferol 3-rhamnosyldiglucoside, kaempferol 7-neohesperidoside, kaempferol 7-O-(2,3-di-E-p-coumaroyl-.alpha.-L-rhamnoside), kaempferol 7-O-(2-E-p-coumaroyl-.alpha.-L-rhamnoside), kaempferol 7-O-glucoside, kaempferol rhamnorobinoside, kaempferol-2,4-dicoumaroyl-3-O-glucoside, kaempferol-3-(4-coumaroyl triglucoside), kaempferol-3-.beta.-D-(6-O-trans-p-coumaroyeglucopyranoside, kaempferol-3-O-((xylopyranosyl(1-3)-rhamnopyranosyl(1-6))(rhamnopyranosyl- (1-2)))galactopyranoside, kaempferol-3-O-(2,3,4-tri-O-acetyl-.alpha.-1-rhamnopyranoside), kaempferol-3-O-(2,3-di-O-acetyl-.alpha.-1-rhamnopyranoside), kaempferol-3-O-(6'',4''-di-p-coumaroyemannopyranoside, kaempferol-3-O-(6''-p-coumaroyl)mannopyranoside, kaempferol-3-O-(6-trans-caffeoyl)-.beta.-D-glucopyranosyl-(1-2)-.beta.-D-- glucopyranoside-7-O-.beta.-D-glucopyranoside, kaempferol-3-O-(apiofuranosyl-(1'''-2''))-galactopyranoside, kaempferol-3-O-(rhamnopyranosyl-rhamnopyranosyl-(1-6)-galactoside), kaempferol-3-O-.alpha.-L-(6''-ethyl)-rhamnopyranoside, kaempferol-3-O-.alpha.-L-(6''-methyl)-rhamnopyranoside, kaempferol-3-O-.alpha.-L-5''-acetyl-arabinofuranoside, kaempferol-3-O-.alpha.-L-arabifuranoside, kaempferol-3-O-.beta.-D-(6''-O-p-coumaroyegalactopyranoside, kaempferol-3-O-.beta.-D-galactoside, kaempferol-3-O-.beta.-D-glucopyranoside-7-O-.alpha.-L-arabinofuranoside, kaempferol-3-O-galactoside, kaempferol-3-O-glucopyranoside-6''-(3-hydroxy-3-methyl glutarate)-7-O-glucopyranoside, kaempferol-3-O-glucopyranosyl-1-4-rhamnopyranoside, kaempferol-3-O-glucoside, kaempferol-3-O-glucosyl(1-2)rhamnoside, kaempferol-3-O-rutinoside, kaempferol-4',7-dimethyl-3-O-glucoside, kaempferol-7-O-.alpha.-L-rhamnopyranoside, lespenefril, mauritianin, morindaoside, nigeglanoside, siparunoside, and trifolin acetate. Linamarin is a cyanogenic glucoside found in the leaves and roots of plants such as cassava, lima beans, and flax. Mexicanolide is found in the Spanish cedar (Cedrela odorata L). Analogs of MG 624 are described in Mantegazza et al., Arch. Int. Pharmacodyn., 4:371, 1955 and Gotti et al., Br. J. Pharmacol. 124:1197, 1998. Pramoxine is used as a topical anesthetic, often in treatment of insect bites. Tannic acid is used topically to treat injuries such as burns, and has been shown to have some antineoplastic effects. where m is 0-6; A and B are independently H, C.sub.1-6 alkyl, or C.sub.3-12 cycloalkyl; and X is halo or A (e.g., provided that wherein n is 3 and R.sub.1 is --NHR.sub.3, wherein R.sub.3 is methyl and R.sub.2 is H or methyl are excluded). Analogs of yohimbic acid are described in U.S. Pat. Nos. 2,796,420, 2,841,586, 2,977,367, 2,998,556, 3,120,532, 3,126,390, 3,139,434, 3,337,559, and 3,940,387. Analogs of yohimbic acid include yohimbine, 1-methylyohimbine, 10-hydroxyyohimbine, 11-hydroxy-yohimbine, 11-hydroxyyohimbine, 14-(4-nitrobenzoyloxy)yohimbine, 14-benzoyloxyyohimbine, 17-hydroxy-20-yohimban-16-(N-(4-azido-3-iodo)phenyl)carboxamide, 5-carboxytetrahydroalstonine, 9-methoxy-3-epi-alpha-yohimbine, raubasine, apoyohimbine, iodinated rauwolscine, NMI 187, rauwolscine 4-aminophenylcarboxamide, rauwolscine, Reserpine or an analog thereof (e.g., 16,18-reserpinediol, adelphan-esidrex, adelphane, aldatense, Bendigon, bietaserpine, Briserin, bromoreserpine, butiserpazide, caprinol, CD 3400, Crystepin CH, deserpidine, dibromoreserpine, enderpins, FH 109 C, Hyparez, meprocalm, methyl reserpate, Nortensin, Regroton, rescinamine, rescinnamine, reserpic acid, reserpine methonitrate, sinepres, and syrosingopine), and trimethoxybenzoylyohimbine. The invention also provides methods for increasing cellular proliferation, enhancing skin repair or skin health, and promoting hair growth by administration of a compound that decreases expression or activity of p63 (e.g., dominant negative forms of p63, a p63 antibody, or a compound selected from the group consisting of acyclovir, alprostadil, aristolochic acid, carbadox, chlorpyrifos, cyclocreatine, 7,4'-dimethoxyisoflavone, dorzolamide, S(-)eticlopride, evoxine, guaifenesin, hydroxyprogesterone, kaempferol, linamarin, mexicanolide, MG 624, pramoxine, tannic acid, targinine, and yohimbic acid, or an analog thereof, to a subject in need thereof. The compounds can be further modified using standard chemical, physical, or biochemical methods. The administration of any compound or composition described herein may be by any suitable means that results in a concentration of the compound that increases cellular proliferation, enhances skin repair or skin health, or promotes hair growth. The compound may be contained in any appropriate amount in any suitable carrier substance, and is generally present in an amount of 1-95% by weight of the total weight of the composition. The composition may be provided in a dosage form that is suitable for the oral, skin (e.g., topical or by patch), cutaneous, parenteral (e.g., intravenous or intramuscular), rectal, nasal, vaginal, inhalant, ocular, or intracranial administration route. Thus, the composition may be in the form of, e.g., tablets, capsules, pills, powders, granulates, suspensions, emulsions, solutions, gels including hydrogels, pastes, ointments, creams, plasters, drenches, osmotic delivery devices, suppositories, enemas, injectables, implants, sprays, or aerosols. The pharmaceutical compositions may be formulated according to conventional pharmaceutical practice (see, e.g., Remington: The Science and Practice of Pharmacy, 20th edition, 2000, ed. A.R. Gennaro, Lippincott Williams & Wilkins, Philadelphia, and Encyclopedia of Pharmaceutical Technology, eds. J. Swarbrick and J. C. Boylan, 1988-1999, Marcel Dekker, New York). Pharmaceutical compositions may be formulated to release the active compound immediately upon administration or at any predetermined time or time period after administration. The latter types of compositions are generally known as controlled release formulations, which include (i) formulations that create substantially constant concentrations of the agent(s) of the invention within the body over an extended period of time; (ii) formulations that after a predetermined lag time create substantially constant concentrations of the agents of the invention within the body over an extended period of time; (iii) formulations that sustain the agent(s) action during a predetermined time period by maintaining a relatively constant, effective level of the agent(s) in the body with concomitant minimization of undesirable side effects associated with fluctuations in the plasma level of the agent(s) (sawtooth kinetic pattern); (iv) formulations that localize action of agent(s), e.g., spatial placement of a controlled release composition adjacent to or in the diseased tissue or organ; (v) formulations that achieve convenience of dosing, e.g., administering the composition once per week or once every two weeks; and (vi) formulations that target the action of the agent(s) by using carriers or chemical derivatives to deliver the compound to a particular target cell type. Administration of the compound in the form of a controlled release formulation is especially preferred for compounds having a narrow absorption window in the gastro-intestinal tract or a relatively short biological half-life. Any of a number of strategies can be pursued in order to obtain controlled release in which the rate of release outweighs the rate of metabolism of the compound in question. In one example, controlled release is obtained by appropriate selection of various formulation parameters and ingredients, including, e.g., various types of controlled release compositions and coatings. Thus, the compound is formulated with appropriate excipients into a pharmaceutical composition that, upon administration, releases the compound in a controlled manner. Examples include single or multiple unit tablet or capsule compositions, oil solutions, suspensions, emulsions, microcapsules, molecular complexes, microspheres, nanoparticles, patches, and liposomes. Pharmaceutical compositions according to the present invention can be formulated for topical administration. Subjects can be administered effective amounts of a compound described herein by means of a solution (e.g., drops), ointment, gel, or aerosol (e.g., nebulizer). The composition is typically administered to the affected area by topically applying, for example, one to four drops of a solution or suspension, or a comparable amount of an ointment, gel, or other solid or semisolid composition, once, twice, three times, or more than three times per day. These formulations can be made according to known and conventional methods for preparing such formulations. For compounds of the invention that are not highly soluble in water at physiological conditions, a solubilizing excipient may be used to increase solubility. Solubilization is taken to mean an improvement in the solubility by virtue of surface-active compounds that can convert substances that are insoluble or virtually insoluble in water into clear, or opalescent, aqueous solutions without changing the chemical structure of these substances in the process. Excipients used for this purpose are restricted to those that are safe for administration to humans. Typically such co-solvents are employed at a level of about 0.01% to 2% by weight. A variety of solubilizing excipients may be used for the formulation of a compound of the invention, including compounds belonging to the following classes: polyethoxylated fatty acids, PEG-fatty acid diesters, PEG-fatty acid mono-ester and di-ester mixtures, polyethylene glycol glycerol fatty acid esters, alcohol-oil transesterification products, polyglycerized fatty acids, propylene glycol fatty acid esters, mixtures of propylene glycol esters and glycerol esters, mono- and diglycerides, sterol and sterol derivatives, polyethylene glycol sorbitan fatty acid esters, polyethylene glycol alkyl ethers, sugar esters, polyethylene glycol alkyl phenols, polyoxyethylene-polyoxypropylene block copolymers, sorbitan fatty acid esters, lower alcohol fatty acid esters, or ionic surfactants. The compounds described herein can also be formulated as part a lotion such as a moisturizing lotion. Exemplary lotion formulations are described in U.S. Pat. Nos. 4,595,586; 4,459,285; 3,867,528; 3,265,571; 4,512,978; 4,564,462; 4,165,385; 3,062,721; 3,949,071; 4,482,537; 4,295,985; 2,507,236; and 3,987,775. Formulations for oral use include tablets containing the active ingredient(s) in a mixture with non-toxic pharmaceutically acceptable excipients, and such formulations are known to the skilled artisan (e.g., U.S. Pat. Nos. 5,817,307, 5,824,300, 5,830,456, 5,846,526, 5,882,640, 5,910,304, 6,036,949, 6,036,949, 6,372,218, hereby incorporated by reference). These excipients may be, for example, inert diluents or fillers (e.g., sucrose, sorbitol, sugar, mannitol, microcrystalline cellulose, starches including potato starch, calcium carbonate, sodium chloride, lactose, calcium phosphate, calcium sulfate, or sodium phosphate); granulating and disintegrating agents (e.g., cellulose derivatives including microcrystalline cellulose, starches including potato starch, croscarmellose sodium, alginates, or alginic acid); binding agents (e.g., sucrose, glucose, sorbitol, acacia, alginic acid, sodium alginate, gelatin, starch, pregelatinized starch, microcrystalline cellulose, magnesium aluminum silicate, carboxymethylcellulose sodium, methylcellulose, hydroxypropyl methylcellulose, ethylcellulose, polyvinylpyrrolidone, or polyethylene glycol); and lubricating agents, glidants, and anti-adhesives (e.g., magnesium stearate, zinc stearate, stearic acid, silicas, hydrogenated vegetable oils, or talc). Other pharmaceutically acceptable excipients can be colorants, flavoring agents, plasticizers, humectants, buffering agents, and the like. The tablets may be uncoated or may be coated by known techniques, optionally to delay disintegration and absorption in the gastrointestinal tract and thereby providing a sustained action over a longer period. The coating may be adapted to release the compound in a predetermined pattern (e.g., in order to achieve a controlled release formulation) or it may be adapted not to release the agent(s) until after passage of the stomach (enteric coating). The coating may be a sugar coating, a film coating (e.g., based on hydroxypropyl methylcellulose, methylcellulose, methyl hydroxyethylcellulose, hydroxypropylcellulose, carboxymethylcellulose, acrylate copolymers, polyethylene glycols, and/or polyvinylpyrrolidone), or an enteric coating (e.g., based on methacrylic acid copolymer, cellulose acetate phthalate, hydroxypropyl methylcellulose phthalate, hydroxypropyl methylcellulose acetate succinate, polyvinyl acetate phthalate, shellac, and/or ethylcellulose). Furthermore, a time delay material such as, e.g., glyceryl monostearate or glyceryl distearate, may be employed. The solid tablet compositions may include a coating adapted to protect the composition from unwanted chemical changes, (e.g., chemical degradation prior to the release of the active substances). The coating may be applied on the solid dosage form in a similar manner as that described in Encyclopedia of Pharmaceutical Technology, supra. The compositions of the invention may be mixed together in the tablet, or may be partitioned. In one example, a first agent is contained on the inside of the tablet, and a second agent is on the outside, such that a substantial portion of the second agent is released prior to the release of the first agent. Formulations for oral use may also be presented as chewable tablets, or as hard gelatin capsules wherein the active ingredient is mixed with an inert solid diluent (e.g., potato starch, lactose, microcrystalline cellulose, calcium carbonate, calcium phosphate, or kaolin), or as soft gelatin capsules wherein the active ingredient is mixed with water or an oil medium, for example, peanut oil, liquid paraffin, or olive oil. Powders and granulates may be prepared using the ingredients mentioned above under tablets and capsules in a conventional manner using, e.g., a mixer, a fluid bed apparatus, or spray drying equipment. A composition containing a compound described herein or identified using the methods of the invention may be administered parenterally by injection, infusion, or implantation (subcutaneous, intravenous, intramuscular, intraperitoneal, or the like) in dosage forms, formulations, or via suitable delivery devices or implants containing conventional, non-toxic pharmaceutically acceptable carriers and adjuvants. The formulation and preparation of such compositions are well known to those skilled in the art of pharmaceutical formulation. Compositions for parenteral use may be provided in unit dosage forms (e.g., in single-dose ampoules), or in vials containing several doses and in which a suitable preservative may be added (see below). The composition may be in form of a solution, a suspension, an emulsion, an infusion device, or a delivery device for implantation, or it may be presented as a dry powder to be reconstituted with water or another suitable vehicle before use. Apart from the active agent(s), the composition may include suitable parenterally acceptable carriers and/or excipients. The active agent(s) may be incorporated into microspheres, microcapsules, nanoparticles, liposomes, or the like for controlled release. Furthermore, the composition may include suspending, solubilizing, stabilizing, pH-adjusting agents, tonicity adjusting agents, and/or dispersing agents. As indicated above, the pharmaceutical compositions according to the invention may be in a form suitable for sterile injection. To prepare such a composition, the suitable active agent(s) are dissolved or suspended in a parenterally acceptable liquid vehicle. Among acceptable vehicles and solvents that may be employed are water, water adjusted to a suitable pH by addition of an appropriate amount of hydrochloric acid, sodium hydroxide or a suitable buffer, 1,3-butanediol, Ringer's solution, dextrose solution, and isotonic sodium chloride solution. The aqueous formulation may also contain one or more preservatives (e.g., methyl, ethyl, or n-propyl p-hydroxybenzoate). In cases where one of the compounds is only sparingly or slightly soluble in water, a dissolution enhancing or solubilizing agent can be added, or the solvent may include 10-60% w/w of propylene glycol or the like. The dosage of any compound described herein depends on several factors, including: the administration method, the amount of increase in cellular proliferation, skin repair, hair growth, or skin health enhancement desired, and the age, weight, and health of the subject to be treated. With respect to the treatment methods of the invention, it is not intended that the administration of a compound to a subject be limited to a particular mode of administration, dosage, or frequency of dosing; the present invention contemplates all modes of administration, including oral, cutaneous, subcutaneous, intramuscular, intravenous, intraperitoneal, intravesicular, intraarticular, intralesional, or any other route sufficient to provide a dose adequate to increase cellular proliferation, enhance skin repair or skin health, or promote hair growth treat. The compound may be administered to the subject in a single dose or in multiple doses. For example, a compound described herein may be administered once a week for, e.g., 2, 3, 4, 5, 6, 7, 8, 10, 15, 20, or more weeks. It is to be understood that, for any particular subject, specific dosage regimes should be adjusted over time according to the individual need and the professional judgment of the person administering or supervising the administration of the compound. For example, the dosage of a compound can be increased if the lower dose does not provide sufficient activity in the treatment of a metabolic disorder (e.g., diabetes or obesity). Conversely, the dosage of the compound can be decreased if the metabolic disorder is reduced or eliminated. While the attending physician ultimately will decide the appropriate amount and dosage regimen, a therapeutically effective amount of a compound described herein may be, for example, in the range of 0.0035 .mu.g to 20 .mu.g/kg body weight/day or 0.010 .mu.g to 140 .mu.g/kg body weight/week. Desirably a therapeutically effective amount is in the range of 0.025 .mu.g to 10 .mu.g/kg, for example, at least 0.025, 0.035, 0.05, 0.075, 0.1, 0.25, 0.5, 1.0, 1.5, 2.0, 2.5, 3.0, 3.5, 4.0, 5.0, 6.0, 7.0, 8.0, or 9.0 .mu.g/kg body weight administered daily, every other day, or twice a week. In addition, a therapeutically effective amount may be in the range of 0.05 .mu.g to 20 .mu.g/kg, for example, at least 0.05, 0.7, 0.15, 0.2, 1.0, 2.0, 3.0, 4.0, 5.0, 6.0, 7.0, 8.0, 10.0, 12.0, 14.0, 16.0, or 18.0 .mu.g/kg body weight administered weekly, every other week, or once a month. Furthermore, a therapeutically effective amount of a compound may be, for example, in the range of 100 .mu.g/m.sup.2 to 100,000 .mu.g/m.sup.2 administered every other day, once weekly, or every other week. In a desirable embodiment, the therapeutically effective amount is in the range of 1000 .mu.g/m.sup.2 to 20,000 .mu.g/m.sup.2, for example, at least 1000, 1500, 4000, or 14,000 .mu.g/m.sup.2 of the compound administered daily, every other day, twice weekly, weekly, or every other week. To determine whether there is a cell-autonomous requirement for tumor antigen p63 (TAp63) in the maintenance of dermal stem cells, we isolated and analyzed SKPs from wild-type and p63 null mice. We used RT-PCR to characterize the p53 family members expressed in cultured wild-type SKPs. Consistent with the expression of p63 in dermal sheath cells in vivo, SKPs expressed TAp63 mRNA, whereas p63 expression was not observed in cells taken from p63-/- mice (FIG. 1A). These cells did not express dominant negative p63 (dNp63) or p73, and p53 levels were similar in p63-/- and p63+/+ SKPs (FIG. 1B). Immunostaining with anti-p63 confirmed that wild-type, but not p63-/-, SKPs expressed detectable levels of p63 protein (FIG. 1C). Thus, of the p53 family members, SKPs express only TAp63 and p53. To determine whether TAp63 is necessary for maintenance of SKPs, the cells were isolated from the skin of TAp63-/- and TAp63+/+ mice at various times postnatally. Immunocytochemical analysis of SKP spheres for fibronectin, nestin, vimentin, and versican demonstrated that there were no overt differences in expression of these markers for SKPs with the loss of TAp63 (FIG. 1D). By contrast, immunostaining for the proliferation marker Ki67 demonstrated that TAp63-/- neonatal SKPs proliferated approximately 2-3-fold more than their wild-type counterparts. Similar results were obtained when SKPs were isolated from the rudimentary dermis that is present in E18 p63-/- mice (FIGS. 1E and 1F). To determine whether this increased proliferation reflected increased self-renewal, SKPs were dissociated to single cells, plated at low density in medium containing methylcellulose, and the percentage of cells that initiated a new sphere was determined. As seen in the proliferation assay, newborn TAp63-/- and E18 p63-/- SKPs self-renewed approximately 4 times more robustly than did wild type SKPs (FIG. 1G). When TAp63-/- SKPs were isolated from 1 month old mice, they still proliferated and self-renewed more than did wild-type SKPs, although the magnitude of the increase was reduced to approximately 1.5-fold (FIG. 1G). In spite of this hyperproliferation, TAp63-/- and TAp63+/+ SKPs were both able to differentiate into both neural and mesodermal cell types under previously defined conditions (FIG. 2A), and, when transplanted into the neural crest migratory stream of cHH stage 18 chicks in ovo, both populations of SKPs migrated into neural crest targets (FIG. 2B). Thus, TAp63 regulates SKP proliferation and self-renewal, but does not overtly affect their phenotype or differentiation capacity. Thus, TAp63 may normally function to dampen the self-renewal rate of SKPs, potentially as a mechanism to ensure that the SKPs last for the lifetime of the animal. One p63 target that decreases cellular proliferation is p57. RT-PCR analysis demonstrated that p57 mRNA levels were reduced in TAp63-/- and p63-/- SKPs (FIG. 1H). Immunocytochemistry for p57 confirmed this result, and demonstrated that p57 protein levels were decreased in SKPs in the absence of TAp63 (FIG. 1I) To confirm that p57 is a direct target of p63 in SKPs, as it is in human keratinocyte HaCat cell line (Beretta et al., Cell Cycle. 4:1625-1631, 2005), we performed chromatin immunoprecipitations using an antibody for p63. RT-PCR of the associated DNA demonstrated that p63 was bound to a previously defined binding site in the p57 promoter (FIG. 1J). Thus, TAp63 regulation of SKPs' self-renewal likely involves regulation of p57. To quantify the number of p57 positive cells in TAp63-/- cells and in wild-type cells, both types of cells were stained as shown in FIG. 1I, and the percentage of p57 positive cells was calculated. From these results, approximately 50% of the wild-type cells were identified as being p57 positive, whereas only 18% of the TAp63-/- cells were p57 positive (FIG. 1K). We also determined whether the hyperproliferation phenotype in TAp63-/- SKPs could be rescued by p57Kip2 (p57). To do this, TAp63-/- SKPs were plated on an adherent substrate, transfected with either the empty vector or a p57Kip2 expression vector, and immunostained two days later for p57Kip2 and Ki67. Under these conditions, approximately 45% of TAp63-/- cells transfected with the empty vector were dividing, as monitored by Ki67 expression, and none of them expressed p57Kip2 (FIG. 1L). By contrast, approximately 20% of the cells transfected with p57Kip2 expressed detectable levels of this protein, and none of these transfected cells coexpressed Ki67 (FIG. 1L). Thus, p57Kip2 completely rescued the hyperproliferation, indicating that TAp63 regulates SKPs self-renewal at least in part by regulating p57Kip2. To identify molecules (e.g., small molecules) that promote proliferation of SKPs, a simple, reproducible and robust assay that measures cell proliferation using Alamar Blue.RTM. dye, which yields a fluorescent signal in a response to metabolic activity, was developed. Compounds (5 .mu.M) were added in singlet to 96-well uncoated plates, 3000 early passage dissociated sphere cells were robotically seeded, and plates were incubated in basal growth medium. After 30 hours, Alamar Blue was added and its reduction assessed after another 24 hours. Typically, there is an 8-10 fold difference in Alamar Blue reduction between positive and negative controls. A compound was identified as a hit if Alamar Blue reduction is increased by three standard deviations from the mean of all the compounds in a particular screen. In our assay, the variability of signals are low, with CV values ranging from 3.5-4.5% and the dimensionless statistical parameters Z' and Z factors >0.5, indicative of an excellent assay. The chemical libraries we used include the LOPAC, Prestwick, Biomol, and Spectrum collections, which comprise 3,500 unique low-molecular weight compounds, including both natural products and synthetic chemicals, known drugs and drug-like compounds, and phosphatase and kinase inhibitors. These screens were done at the same time as high-throughput screens using human neuroblastoma tumor cells with the goal of identifying drugs that are cytotoxic for cancer but not for normal cells (SKPs) (FIG. 3). To confirm these hits dose-response curves (IC50s) were determined using human neuroblastoma tumor cells in our standard Alamar Blue proliferation assay. In addition, we monitored proliferation over one week by quantifying cell numbers with trypan blue, and further, examined sphere formation over one week (as described in FIG. 4) with at least 3 independent human SKP cell isolates. The high-throughput screens with human neuroblastoma tumor cells identified several small molecules that are effective in inhibiting proliferation of multiple neuroblastoma patient samples in vitro and xenograft neuroblastoma tumors in vivo (FIG. 4). The proliferative effects of MG 624 on SKPs and neuroblastoma tumor initiating cells have also been studied in detail. Dose response curves for proliferation of human SKPs and neuroblastoma tumor initiating cells in response to MG 624 were generated in the presence of EGF and FGF2. At 200 nM MG 624, SKP cell proliferation is enhanced (FIG. 5). To characterize enhancement of proliferation brought about by the agents identified above, dose-response curves for MG624, GSK3.beta., pramoxine, kaempferol, and alprostadil in presence of EGF and FGF2 were generated (FIGS. 6A-6E). In all cases, enhanced proliferation at 100 nM concentration of each agent was observed as compared to cells grown in the absence of the agent. FIG. 7 is a schematic presentation of an in vitro sphere assay employed to demonstrate the ability of compounds to promote proliferation of human and mouse SKPs we performed a secondary drug screen. SKPs were isolated from mouse back, whisker, and human foreskin and allowed to grow in spheres. After 2-3 passages, spheres were dissociated and 3000 cells were plated in each well of a 96 well plate. Cells were then treated in triplicate with different concentrations of drugs or with vehicle (DMSO) only. Drugs were applied again on day 3 and number of spheres was analyzed on day 7. FIG. 8 depicts quantification of the percentage of spheres formed after treatments of human SKPs with different concentration of drugs. The sphere assay was performed on human SKPs treated with specific drugs or vehicle for 7 days, as described above. Certain compounds promoted human SKPs self-renewal in a dose-response manner. The graphs show pooled data from two set of experiments, in which four different cell lines were used. FIG. 9 is a graph that shows that compounds at 100 nM promote human SKPs self-renewal. Pooled data from two different experiments show robust increase of the number of spheres formed after drug treatments at 100 nM. The results indicate that these compounds promote the ability of stem cells to produce another stem cell. FIGS. 10 and 11 are each a series of photographs showing that alprostadil and kaempferol increase the size of spheres. Human SKPs were treated with the indicated compound or vehicle for seven days, as described above. At the end of the treatment period, cells were stained with Hoechst. An increase in the size of the spheres was observed in the alprostadil- and kaempferol-treated cells compared to vehicle control, indicating that these drugs increase cell proliferation within a sphere. FIGS. 12 and 13 are each a series of graphs showing that certain compounds that promote self-renewal of human SKPs also function on mouse SKPs. SKPs were isolated from mouse back and whisker and treated with different concentration of the indicated compounds. The results are pooled data from two experiments. A total of four whisker and four back samples were used. FIG. 14 is a graph showing that certain compounds at 100 nM promote mouse SKPs self-renewal. Pooled data from two experiments show robust increase of the number of spheres formed for both back and whisker cells after drug treatments at 100 nM. FIG. 15 is a series of graphs that summarize the in vitro sphere assay data. We tested compounds to determine whether their topical application could induce anagen hair cycle and follicle density. Briefly, seven-week old C57BL/6 mice were used. Their dorsal skin was pinkish in color, indicating that the hair was in telogen (resting) phase. Mice were induced to enter anagen phase by being depilated in the dorsal region. Compounds (100 mL) were topically applied onto the dorsal skin once daily for 3 weeks. Three mice were used for each compound group. Approximately 30 hairs from each mouse were plucked at specific days (day 16, day 19, and day 23) and the hair length was measured. Additionally, skin samples for cryosectioning were obtained from the treated dorsal region of each mouse. All compounds were resuspended in vehicle solution (1.2 propanediol:EtOH:H20 (40:20:40)). Compound concentrations were as follows: alprostadil 40 .mu.g/mL; kaempferol 28.6 .mu.g/mL; pramoxine 329.8 .mu.g/mL; MG 624 45.13 .mu.g/mL. Also tested was Gold Bond topical anesthetic cream. Latanoprost (150 .mu.g/mL) was used as a positive control and AKT inhibitor A443654 (100 .mu.M) was used as a negative control. FIG. 16 is a table showing that topical application of certain compounds promote hair growth. Mice were treated topically with compounds described above. At specific time points, approximately 30-40 hairs were plucked from each mouse and their length was measured. Three mice were used to test each compound. FIG. 19 is a series of photomicrographs and graphs showing that topical application of the indicated compounds induces dermal thickness. Dorsal skin of animals topically treated with compounds described above, then isolated, cryosectioned and stained with hematoxylin and eosin. Dermal thickness was manually measured randomly through the slices. A mean of three measurements through the slice were performed and about 20-30 slices were analyzed for each mouse within each compound group. FIG. 20 is a series of photomicrographs and graphs showing that alprostadil, kaempferol, pramoxine, or MG 624 induces anagen hair cycle and follicle density. The density is expressed as number of follicles per mm whereas the anagen hair follicles are determined by morphology. The use of combinations of compounds for inducing anagen hair cycle and greater follicle density is also an aspect of the invention. Any combination of two or more compounds described herein can be used for this purpose, including alprostadil and kaempferol; alprostadil and pramoxine; kaempferol and pramoxine; alprostadil and MG 624; kaempferol and MG 624; and pramoxine and MG 624. Combinations of (a) alprostadil and kaempferol and (b) alprostadil and pramoxine were demonstrated to increase SKP sphere size in vitro more effectively than single agents or a DMSO control (FIG. 21). Sphere size is corrected with, and is thus a measure of, cell proliferation. SKPs were isolated from human foreskin and allowed to grow in spheres. After 2-3 passages, spheres were dissociated and 3000 cells were plated in each well of a 96 well plate. Cells were then treated in triplicate with (a) 100 nM of a single drug, (b) a combination of drugs in which each drug is present at a concentration of 100 nM, or (c) vehicle (DMSO). Drugs were applied again on day 3. To assess how well cells proliferate within the sphere, the size of spheres was analyzed on day 7. Positive controls are kenpaullone, an inhibitor of GSK3.beta., and alsterpaullone, an inhibitor of GSK3.beta., CDK5/p25, and CDK1/cyclin B. Sphere size in the presence of either (a) alprostadil and kaempferol or (b) alprostadil and pramoxine is shown in distribution histograms relative to the control group (FIG. 21). Sphere size was binned in classes of 20 .mu.m, and each class was expressed as a percentage of total sphere population. The distribution histograms of the compound combinations show a shift to bigger sphere sizes in the presence of the drugs as compared to the control samples. The efficacy of alprostadil and kaempferol in increasing length of hair growth in mice has been demonstrated. Sox2-EGFP mice, 7-8 weeks old, were shaved on the dorsal back to synchronize the hair cycle, and kaempferol (Kae) or alprostadil (Alp) was topically applied daily. Control mice were treated with vehicle only. At days 16, 19, and 23, about 30-40 hairs were plucked from each mouse, and their length was measured. Three or four mice were used in each group. An increase in hair length is observed in the alprostadil- and kaempferol-treated mice as compared to control mice (FIG. 22A). Hair length promoted by the compounds on day 23 is shown in distribution histograms relative to the control group. Hair length was binned in classes of 200 .mu.m, and each class was expressed as a percentage of total hair population. The distribution histograms show a shift to longer hair lengths in the groups treated with kaempferol (FIG. 22B) and alprostadil (FIG. 22C), as compared to the control mice. All patents, patent applications, and publications mentioned in this specification are herein incorporated by reference, including U.S. Provisional Application No. 61/101,443, filed Sep. 30, 2008, and International Application No. PCT/US2009/058723, filed Sep. 29, 2009, to the same extent as if each independent patent, patent application, or publication was specifically and individually indicated to be incorporated by reference.

2019-04-23T02:30:31Z

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