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Milwaukee Journal Sentinel - Milwaukee and Wisconsin breaking news and investigations Milwaukee and Wisconsin news, sports, business, opinion, entertainment, lifestyle and investigative reporting from the Journal Sentinel and JSOnline.com.
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Louisville News, Louisville Sports | Courier-Journal Louisville news and Southern Indiana news, Louisville sports and Kentucky sports, politics, entertainment and Kentucky Derby coverage from the Courier-Journal
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Growth Marketing Pro - The biggest growth marketing blog on the internet: software reviews and marketing advice. The biggest growth marketing blog on the internet: software reviews and marketing advice.
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They always ahead of the game and I have so much to learn from them. - Gary CurtisYes I Want To Start Ranking In The Next 15 Minutes! Live Stream Genius Can Run on Windows 7, 8, 8.1 or 10. Mac users must use Parallels or like software with Windows emulation to run Live Stream Genius. Live Stream Genius Has Loads of Powerful Features! This Mean Streaming Machine Is Fast and Easy To Use! You'll Learn How To Love Live Events! Manage Your Accounts with Ease! You will find all the functions you need to easily manage your accounts information in one simple to use interface!Our unique 'One Click Login' button to log into your YouTube account and channel with one simple click!Editing and removing an account is also just one click away.Adding new accounts is super easy as well. The software will confirm your account information with a live login and also grab your channel information. Project Management Just Can't Be Any Easier! We did it again! Project Management just couldn't be easier. Take a look at just a few of the features:One-Click technology to open the video for inspection in your default browser!One-Click technology for video project editing and removal.Intelligent Button Selection. The software just knows when you've streamed an event and shows you the correct selection automatically!Adding new projects is a breeze! Power Up Your Live Events! You'll find that we've held nothing back! Set just about every aspect about your Live Event.Your video title - supports multi-languageYour video description - supports multi-language and spintax to make cloned projects more unique!Your video tags - tagging is very important for rankabilityYour video category - select the right category for your videosYour video visibility - you can make your videos public, private or unlisted - there's hidden seo power here.Your video thumbnail - use thumbnails as a Call To Action in GoogleYour video file - select your pre-created .mp4 formatted video fileYour video's geolocation - insert the address for Boosted Local ListingsYour account settings - set the account and channel to where you want to post tooYour bumper settings - this is a powerful subscriber strategy! I am a huge fan of LSG. As far as ranking videos, I now have it tuned into a science. Besides doing the basic research ahead of time for Keywords, I simply load up LSG, add my videos, titles, tags, and descriptions. 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They also listen to their customers concerning how to make things even better. I have been using LSG for months, have never come close to a Youtube or Google slap (in my opinion), and am on board with basically anything that they come out with. I have a comfort level in using LSG and wouldn't even think of using other streaming software. First page results speak for themselves. They have me hooked and I want to personally thank them. I love Live Stream Genius!Leonardo Brokenbrough Just purchased LSG last month and in the middle of my first project with it. Local Contractor Niche in a fairly large city (population 400,000+, 600,000+ including suburbs). Set up my YT channel with siloed playlists for the main city and the 16 largest suburbs, of which the first 8 were streamed (the rest in the smaller suburbs will rank on their own with normal uploading after the first 80), so basically streamed 80 videos into the channel and then placed in the appropriate suburb playlist. The result - 75 of the 80 videos are ranking on page 1 for the top 10 keywords in each city. Most showed up there within an hour of streaming the video. The other 5 started on page 2. After streaming these I normally uploaded 30 more in the channel so far and all of those are on page 1. So, total of 110 videos with 105 on the first page for the 10 highest searched keywords for the niche in each city. Oh, and complete and total domination for every keyword targeted in YouTube.Dave Campbell That's Cool…But What Else Do I Get? You will not only get Live Stream Genius, but all these things too... Premium Membership You'll get access to our premiere membership site that is a part of Live Stream Genius.We not only discuss how to use this great tool, but we study strategies to build a strong YouTube presence and SEO strategies to boost your video rankings.Really what good is a tool without great tutorials and information? Private Facebook Group This is the place to hang out if you are looking for YouTube strategies that you can see our other members are sharing and using.Join us today and become a member of Live Stream Genius community! World Class Support No software is any good without world class support! We have a dedicated support team to handle your questions and issues.Plus our programmers are native to North America, so you can depend on fast changes and great running software! Deals For You We are working on making the links to other software for video marketers like you. We will forward specials and functionality to save you time and money.Plus we show you the best supporting software to use to further boost your efforts and profits in video marketing! Try Live Stream Genius For 30 Days Risk Free!We are so confident that you will absolutely love Live Stream Genius Std that we are offering a full 30-Day, no questions asked, money-back guarantee! We take all the risk so you don't have to... LSG is one of the best pieces of software I have purchased as a newbie learning the IM space.. I started out learning about video marketing for local businesses, purchased alot of "shinny objects" and this by far exceeds them all for ranking and power. The team Frank Thomas + Michael Bowes are on the ball.. These guys rock.. They always ahead of the game and I have so much to learn from them. I have a eCommerce business selling products on Amazon, and now promote my products on Google page one every time.. Currently building the Local business marketing platform as I know how to use the software, I will surely cream the clients.. LSG Team, are GENIUSES!!!Gary Curtis I cannot say enough about this software and the support behind it. I've already seen a couple of upgrades that enhanced the software and when I had an issue early in using it I contacted support then got an email and phone call from the programmer himself. I use this for my "local" clients around the Country and am able to dominate not just YouTube for their keywords, but rank on page one of Google for thier main buyer terms ! I am getting fantastic referrals from current clients which is the ultimate measure of its success. This software will automate uploading front page videos while you sleep! Does it require some effort? Yes, but once you've set up a campaign you can walk away knowing your videos will be popping up all over the SERPs.Terry Power O...M....G!!! Guys, Frank Thomas and Michael Bowes, I can imagine you receive testimonials like this all the time, but please let me share my experience with your software. My internet conection SUCKS! And I mean that :) But even with those sad stats, I said to myself: "Try it anyways!" After installing it, adding my YT account and making sure I had all my parameters in line with your guidelines, I started streaming my very first Live event. For a medium competitive keyword: "_profesion_ in _city_" Aaaand... In Spanish :) Well... After anxiously waiting for the entire process to finish, I decided to track the final result immediately. The result?? Position #25 after just 5 minutes!! :D Now... - Is this a glamorous Page 1 result after the first try?? No. - Does this ranking means THE WORLD to me?? Heck Yeah!! And here's why: I've been an Affiliate SEO since 2012. I started uploading videos targeting Low Competitive keywords in order to make commissions AND... In my experience... I got my videos to rank in a ratio of 1 to 5. Meaning, for each 5 videos that I uploaded, I got 1 video ranked on Google (anywhere on Google). From 2012 to 2017... I've "lost" a lot of good campaigns because my other 4 videos didn't rank on Google at all. It's my personal experience (with the type of videos I create and with my own strategy) that once my video ranks as "n/f" (not found) on Google, it's 99% likely it won't get ranked EVER. Even if I send it the most powerful PBN links I can have, or tons of backlinks... That video won't rank on Google. The video MUST HAVE ranked somewhere on Google at the begining, and if it doesn't... If after 1-2 weeks that video hasn't ranked ANYWHERE on Google... It won't rank at all later. So you can imagine MY HAPPINESS :) after seeing that just with a couple of buttons... My video just got ranked... And on Page 3!! Thank you so much Frank and Michael for having created this beatiful piece of engineering and THANK YOU for having changed for the best my youtube seo results for the rest of 2017 (and beyond...) Now... I HAVE the YT Power!!Jorge Luis You'll love this, a friend deleted a gmail account of mine and it wiped my entire YouTube channel I had plugged into all this LOL thanks to live stream genius and the settings though I had it all back up on a new channel in like 12 hoursBenjamin Jacques When it comes to marketing I like to think out of the box and that often means long tail easy to rank keywords. I love that fact that no one wants to try and rank for a keyword with an average of just 10 people a month looking at it, but I do. Because with LSG, I can rank my video on these pages in hours. Now imagine trying to rank a keyword that has 100,000 search a month, thats going to be pretty tough, but with LSG I can use one video and rank it on 10,000 long tail keywords very, very easily, and at 10 people per month per keywords there is my 100,000 whammoDavid Poole You Get A Two Computer License for Live Stream Genius Standard! You will be shocked at how quickly your videos will be ranked! Our customers literally have 1,000's of front page video rankings that help them make some serious cash! One Time Payment You Get A Two Computer License for Live Stream Genius Standard!Plus you get a full year of software updates!Live Stream Genius Can Run on Windows 7, 8, 8.1 or 10. Mac users must use Parallels or like software with Windows emulation to run Live Stream This Is A Limited Timed Offer And Could Close At Any Time. Be Sure To Act Today! Frequently Asked Questions & Answers Why do Live Events Get Such A Boost? Right now, Google is favoring Live Events because they are considered 'Live', thus news worthy. If you want your Live Event streamed video to keep their rankings, we show you techniques to do just that.Plus there is a multitude of ways to use Live Events that will literally blow your mind. We disclose all that we learn to our inner circle on the Live Stream Genius membership site, that is part of your purchase! How Long Are You Going To Support Live Stream Genius? We've been going strong now for over two years and we don't see an end in sight! But when you purchase a license for Live Stream Genius as a one time price, you get updates for 1 full year on Standard edition but your license doesn't expire (future updates can be purchased at a low price). Can I stream video with Live Stream Genius with my home internet connection? Absolutely! We actually recommend that you save your money on a separate virtual server (VPS) account that will normally cost you $50 or more per month! If you have an internet service that is at least 1mbps upload speed, you can stream at 480p. If you have 3mbps upload speed, you can easily stream at 720p. Finally, if you have a 5mbps or higher upload speed, you can stream at 1080p.Just note that higher stream resolutions do require a quad core processor type computer.You are not limited like other video streaming products! Why can't I just upload my videos to YouTube? You certainly can still do this. But you do loose the benefit that Google gives Live Events. It seems that Google treats Live Events as news worthy and thus give almost immediate boosts in ranking.If you are looking for any white-hat advantage to boost your video rankings, you need to stream your videos using Live Events and Live Stream Genius makes it dead easy! What operating systems will Live Stream Genius Basic work on? Live Stream Genius is native to the Microsoft Windows® platform. It can be run on Windows Server, Windows 7, 8, 8.1 and 10. For streaming in HD, it's recommended that your computer be a quad-core CPU with at least 4GB of memory.It can also be run on Mac platforms using Windows simulation through Parallels or like product.
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Josie Holford: Rattlebag and Rhubarb |  We awaited demobilisation All that winter of 1918 While we toiled in the grime of Taranto Loading ammo and cleaning latrines When they treated the whites to a pay rise It was like someone lobbed a grenade All our years of resentment exploded Saying, to hell with their rules and parades From No Parades by Chris Hoban. Listen here: Chris Hoban's song pretty much sums up the experience of the British West Indies Regiment (BWIR) in WW1. (And do give it a listen - it's haunting in its story-telling and evocation of the music of the period.) It's a story of how racism bigotry and mistreatment betrayed the loyalty, patriotism and courage of 15,000 men all of whom volunteered to fight for the Empire. It's also a story of mutiny, colonialism and the kickstart of the movement for self-determination and independence. What first spiked my interest in the BWIR was reading through the names in the record book of the Taranto Town Cemetery Extension. The Town Cemetery was used for British and Empire burials from June 1915 to April 1919, but by January 1918, it was necessary to open a military extension. After the Armistice the 102 Commonwealth burials in the town cemetery were removed to this extension. There are now 449 WW1 Commonwealth burials in the extension. There among the names of the dead are 147 from the British West Indies Regiment. Why were they there and what had happened to them? I started to get interested in the history of the regiment and that of course led to the Taranto mutiny of the winter of 1918-1919. Here's the story. Background to the Mutiny Taranto is an industrial town on the Mediterranean. Italy entered the war on the Allied side in May 1915 and the Royal Navy began using Taranto as a Mediterranean base soon thereafter. Taranto became a key transit point on the supply lines to and from Egypt. Mesopotamia, Palestine and Salonika. Lines of communication were established between the eastern theaters of war that ran then through Taranto, Turin, Lyons and Le Mans to Cherbourg It's where ships came in to re-coal and where troops passed through on their way from the near east to the Western Front or back to Britain. A huge tented encampment was set up to accommodate them and No 79 General and No 6 Labour Hospitals followed with more permanent brick and concrete structures added over time. It was a base and rest camp and labour units, including the 8th, 10th and 11th Battalions, British West Indies Regiment, were brought in to service the camp as well as load and unload the ships and trains. In 1915 the British War Office - which had initially opposed recruitment of West Indian troops - created the British West Indies Regiment (BWIR). It served in Europe, the Middle East and Africa. In spite of promises made at the time of recruitment, BWIR did not give black soldiers from the West Indies the opportunity to fight as equals alongside white soldiers. Instead, the War Office largely limited this trained infantry regiment to labour duties. Over 15,600 West Indian men volunteered for the BWIR, two-thirds of whom were from Jamaica. Others came from Trinidad and Tobago, Barbados, the Bahamas, British Honduras, Grenada, British Guiana (now Guyana), the Leeward Islands, St Lucia and St Vincent. 185 were killed and 1,071 died of illness as a result of the war. The first battalions of the BWIR were stationed on the Suez Canal and were first used as labour battalions. They saw front line service in Palestine and Jordan serving with distinction as part of General Allenby's force that drove out the Turks and contributed to the collapse of the Ottoman Empire. They earned medals and commendations for bravery and were mentioned in despatches. Later BWIR battalions were sent to the Western Front and then to Italy where they served in auxiliary roles that included digging trenches, construction of roads and gun emplacements, acting as stretcher bearers, loading ships and trains, and working in ammunition dumps. This was dangerous work often carried out in France and Flanders within range of German artillery and sniper fire. After the Armistice in November 1918, eight battalions of the BWIR – 8000 or so men - were stationed at Taranto in preparation for demobilization. They were joined by the battalions returning from Egypt and Mesopotamia many of whom had served in combat. Long standing grievances and growing resentment over unfair treatment, pay and promotion issues had been brewing for some time and in early December they erupted. This was a time of uprisings, riots and disturbances across the British Army. Men who had signed on for duration wanted to go home and get on with their lives. Mutiny and revolution were in the air. The BWIR had some very specific long-standing grievances and a growing resentment over unfair treatment, pay and promotion issues and in December 1918 they reached boiling point. The underlying issue was of course the betrayal of the promise made to them at recruitment: that they would be treated on an equal footing with the other regiments of the British army. Instead they had been primarily used for manual labor and treated as 'native" labor battalions and not as front line troops. Although designated as an infantry regiment and entitled to the same terms of service as other British regiments, commanders and officials often subjected the BWIR to the menial conditions dictated for 'native' corps. Military commanders and officials regarded the BWIR as inferior and treated them accordingly. On the Western Front they were excluded from facilities enjoyed by other British soldiers. The medical care and recreational facilities offered to West Indian troops was often inferior as a result. Estaminets – simple civilian-run cafes that offered the ubiquitous egg-and-chips respite from army food - were off-limits for Chinese and African Labour battalions and that restriction was extended to the BWIR, even though they were officially a unit of the British army. When they were wounded or became sick they were treated in 'native' hospitals and received poor treatment. Commissioned officer rank was restricted to those of 'pure" European descent and pay increases, granted to the British army in 1917, were withheld until protests from West Indian soldiers. Equally problematic was the official reluctance to deploy West Indians as combat troops. It meant that they had fewer opportunities to show the battlefield courage so prized by the military; fewer opportunities for medals and decorations. Their contribution - carrying ammunition, loading trains, building roads, railways and gun emplacements, cleaning latrines, cooking, carrying the wounded, digging trenches and graves, clearing the deadly debris of battle - had none of the supposed warrior glamour and glory of the battlefield. Ironically, it was the labour battalions that built the graveyards and cemeteries that are the symbols of remembrance. The Black Soldier's Lament – written by Canadian veteran George A. Borden in the 1980s - reflects the bitter disappointment of the injustice, the sense of shame and loss of manhood. At Taranto, soldiers reported being ostracized: "since we came here, we couldn't understand why these British soldiers they didn't seem to want any attachment with us. We had always seemed to get on good together in Egypt," a soldier from British Guiana recalled. They were given labour duties, loading and unloading ships and trains, as well as being ordered to clean latrines for white units. Meanwhile, sick and wounded BWIR men continued to succumb to illness and disease. In August 1918,12 men from Barbados had signed a respectful petition (you can read it here) outlining their grievances about pay pointing out that soldiers from white regiments had received a pay increase while they – together with "native" regiments - had not. They specifically identified this as a betrayal of the promises made to them at the time of recruitment. In addition, black soldiers had not been permitted to rise through the ranks, despite good recommendations. The Hon. J C Lynch, Chair of the Recruiting Committee, sent a letter in support of the petition indicating the justice of the claims. He also described the respectable (middle class) and often professional or land-owning backgrounds from which these men came. The 12 signatories were Joseph Chamberlain Hope DCM, Vernon G Thomas, Edward E. Packer, Vincent Lionel Talma, Leslie A. Greaves, John Berkeley Johnson, L'Estrand C. Deane, Alexander L. Marshall, Lashington L. Skinner, T Thompson, Herman P.J. Ince, and G.F. Bowen. Nothing came of this petition. After Armistice Day, on November 11 1918, the eight BWIR battalions in Europe were concentrated at Taranto in Italy to prepare for demobilization. They were subsequently joined by the battalions from Egypt and Mesopotamia. The combat veterans arriving in Taranto from the east were subjected to the same discrimination and second class status and treatment as the labour battalions. Brigadier-General Cyril Darcy Vivien Cary-Barnard was base commandant known for his strict segregationist regulations. According to some accounts, the men had been refused leave to enter town and he forbade black soldiers from using facilities alongside white soldiers. They had separate canteens they were not allowed to go to the cinema when white troops were there. When sick they were sent to the 'native' hospital where they received inferior treatment. They were prevented from being able to rise through the ranks. They were employed on fatigues and laboring duties in spite of assurances that this would not happen. All of these men had volunteered to serve and all of this was counter to the promises of equal treatment and opportunity they had been given on recruitment. Discontent was rife at Taranto just as it was across a broad spectrum of the British Army in the weeks after the Armistice. Canadian troops stationed in Britain, for example, staged three major riots. The BWIR had quite specific and particular grievances however, and they arose from the unequal and demeaning treatment they received. Soldiers returning from the Middle East had enlisted first and were ready to be mobilized. They resented being used as porters for white soldiers in transit and they resented being subject to the rigid segregation policies that barred them from equal access to canteens and cinemas. The designation "native" was imposed denying the BWIR access to proper medical facilities Major Thursfield of the 5th battalion protested to the camp commandant Brigadier-General Cyril Darcy Vivien Cary-Barnard about the betrayal of the promises made to the men. Cary-Barnard was a decorated veteran of the Boer War where he served with Lumsden's Horse. He served with distinction on the Western Front. He was decorated for conspicuous gallantry and devotion to duty, wounded, mentioned in despatches and promoted. And from October 1917, to 31 January 1919 he was Base Commandant, Taranto. At camp commander, Cary-Barnard had a reputation for harsh discipline and a dismissive attitude toward the legitimate grievances of the men of the BWIR. Field punishment was meted out for even trivial offenses removing the discretion from junior officers whose attitudes he regarded as too lenient. Cary-Barnard's response to Thursfield's protest was abrupt, brutal, racist and dismissive. The men were only niggers… no such treatment should ever have been promised them …they were better fed and treated than any nigger had a right to expect… he would order them to do whatever work he pleased, and if they objected he would force them to do it. On 6 December 1918, sergeants from the BWIR forwarded a petition with 180 names to the Secretary of State repeating the demands of the earlier petition, including for the pay increase granted by Army Order No.1 1918 to all Imperial troops. They also expressed their resentment at being barred from the possibility of rising through the ranks and outlined some of the history of West Indian service in the British forces where this color bar was not observed. They also requested an increase in the separation pay – money that was sent home to help their families. Inflation and war profiteering had led to huge increases in the prices of basic commodities and their families were suffering hardship in their absence. Captain Reginald Elgar Willis of the 9th battalion had travelled with the fifth contingent from Kingston on March 30th 1917. Promoted to Lt.Col., Willis had a reputation as a harsh disciplinarian. On December 6th 1918, ordered his men to clean the latrines used by Italian laborers. They refused and some men surrounded his tent and slashed at it with knives and bayonets before dispersing. There was some shooting and wild talk. Some men made demands that demobilization process be speeded up so that they would be home by Christmas. The next day the 9th and 10th battalions refused to work and there were clashes. They were forcibly disarmed and ordered on a route march. On December 8th, Pte. Samuel Pinnock was killed by Acting Sgt, Robert Richards who was charged with negligently discharging his rifle and was sentenced to four months labor. This was the only fatality during the mutiny period. Unrest and insubordination continued for four days with men refusing refusing orders and refusing to work. Unnerved, the military authorities reacted harshly and swiftly. The camp commander requested support and a battalion of the Worcestershire Regiment and a machine gun company were order to Taranto traveling "in fighting order with ammunition in their pouches". The mutineers were arrested. The 9th battalion was disbanded and the men distributed among the other battalions. The whole regiment was disarmed. Sixty men were charged with mutiny and 47 were found guilty. Most received sentences of between 3-5 years. One man - Pte. Arthur Sanches - who was considered the ringleader - was sentenced to death. This sentence was commuted to 20 years penal servitude. (He did not serve full term as in 1934 he was a member of the delegation that presented a petition to the Governor of Jamaica – Sir Arthur Jelf - requesting improvements to the roads and water service supply on the lands granted to ex servicemen.) Many accounts state that one man was executed for his part in the mutiny. This does not seem to be correct. One man was shot at dawn on January 20th 1919. He was Pte. Albert Denny of the 8th battalion who was executed by firing squad for the murder of Pte. Edgar Hilkiah Best 13573 10th Battalion of Barbados in a robbery on the 5th of September. The British authorities did make concessions and mobilization plans were speeded up. The Colonial Office prevailed on the War Office and in February 1919 the BWIR got, in full, the increased separation allowances withheld from them in the Army Order No.1. Even after the courts-martial the spirit of resistance continued. Some of those who who had been convicted and repatriated to the West Indies staged further revolts; disturbances occurred on the SS Orca which docked at Kingston, Jamaica. There, BWIR men allied themselves with seamen repatriated from Britain to protest their treatment. There was also discontent at Plymouth where in February 1919 four men of the BWIR were found guilty and received 2 years detention. In the midst of an even harsher camp regime enforced after the revolt, on December 17th 50-60 sergeants of the BWIR met and formed the Caribbean League. They held four meetings in December and early January and discussed not only their grievances but also their plans for what to do when they returned home. Out of their discussions emerged a sense of a pan-Caribbean identity and political awakening. They called for greater cooperation between the islands and mainland Caribbean territories and they talked of seeking independence and self-determination. At the second meeting one man - Sgt. Baxter - said that the black man "should have freedom and govern himself in the West Indies" and that "force must be used and if necessary blood shed to obtain the object". Such words would have alarmed the colonial establishment and probably drowned out the more modest aim of the League, "the Promotion of all matters conducive to the General Welfare of the islands constituting the British West Indies and the British Territories adjacent thereto." They agreed to strike for higher wages on their return home. They talked of a Caribbean–wide governing body with a headquarters in Kingston, although the choice of Jamaica led to some inter-island rivalry and controversy about the location.This was a distinctly social democratic and reformist agenda but also problematic for those determined to maintain the status quo of economic and power arrangements. At first the Caribbean League was treated with cautious approval by the military authorities as they saw it as a way to help contain and manage the discontent of the troops. At one of the later meetings however, one of the participants - Sgt. Leon Poucher, a Trinidadian reported to his commanding officer that they talk had turned toward self-government and strike action. This concern was relayed to the colonial authorities in the West Indies who were spooked by the thought of thousands of radicalized and angry ex-servicemen returning to their homes determined to seek change. The Caribbean League did not survive demobilization which was completed by August 1919. Although it was short-lived it seems to have had a powerful and radicalizing impact on those who participated. It gave rise to a new and confident voice of resistance that was to make an impact on the politics and social conditions of the post-war Caribbean. Take a look at this poem written at the time:Before enlisting Monteith had been a school teacher in Jamaica. He had written a number of patriotic poems praising the war effort and the Empire that had been published in the Jamaican Times. These words reflect a personal transformation and a new political outlook that many of the men of the BWIR would take home with them. In some ways this new spirit was presaged by the thinking at enlistment. By joining the imperial war effort to fight for king and country many hoped to prove something. Look at this 1915 article in the Jamaican journal the Grenada Federalist: As coloured people we will be fighting for something more, something inestimable to ourselves. We will be fighting to prove to Great Britain that we are not so vastly inferior to the white. We will be fighting to prove that we are no longer merely subjects but citizens – citizens of a world empire whose watch word should be Liberty, Equality and Brotherhood. The was an opportunity to show proof of worth, of the right of equality and freedom. Deliberately keeping these men from the combat duties of the front line served to thwart those aspirations. It had instead another outcome - that of radicalizing a generation of activists. In the West Indies, a number of BWIR soldiers played important roles in the growth of the working class, union and independence movements. They organized unions, led protests, contributed to reform movements and they laid the groundwork for the move to self-determination and independence. The BWIR served honorably in the Egypt, the Middle East, on the Western Front and in Italy. When given the opportunity, they proved themselves as combat troops. Faced with discrimination and humiliation they fought back against injustice. The BWIR was kept away from the victory parades that marked the end of the war. It was disbanded in 1921. In spite of their efforts, a confidential 1919 Colonial Office memo on the Taranto mutiny makes it clear that the British Government realized that things had changed: Nothing we can do will alter the fact that the black man has begun to think and feel himself as good as the white. Sources: The National Archive (UK) Imperial War Museum No Labour, No Battle: Military Labour During the First World War, Ivor Lee and John Starling Holding aloft the banner of Ethiopia, Winston James Race, Empire and First World War Writing, Santanu Das (editor)
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Gaston Guernik, Specialised in UX/UI, I am focussed on guiding projects and initiatives through the lens of design excellence. Specialised in UX/UI, I am focussed on guiding projects and initiatives through the lens of design excellence. I have broad experience in app design, product design, UX research, service design, e-commerce, and brand strategy. I believe in designing applications for the human experience with passionate for UX. Throughout my 15 years of experience in the creative industry, I have adopted an “end user first” mindset to every project that I have been a part of; coming up with unique yet practical ways to design an experience that is unforgettable and timeless.
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SSS Online Portal | History of Bangladesh is full of power shifts, disasters, conflicts and victory. Though Bangladesh is a small country in Asia, historically it is very important. She has seen important rises and falls in history. The earliest history is a little vague. The political life of ancient Bangladesh can be found in the Greek and Latin History. In 326 BCE, when Alexander the Great invaded India, he withdrew from his conquered place as he anticipated a counter attack from the Bengal region. The Bengal region was then ruled by some valiant rulers. Bengal region was ruled by the Hindu kings. The Muslims first invaded the area in 13th Century. They seized control and established their independent rule. They ruled for nearly two hundred years without any major foreign invasion. But in 15th Century, the traders from different countries of Europe started coming to Bengal region. The Portuguese, Dutch, French and British came one by one into this region. The main reason of the European traders for coming to this region was to make money from the local market. They wanted to spread their influence in the field of trade and economy in South Asia. Though the traders had economic motives when they arrived, soon they took interest in the local politics. In 1757, the last Muslim leader of Bengal region was defeated by the British. The British started ruling the Bengal region. They imposed their rule upon the people of that region. They controlled West Bengal for approximately two hundred years. The British people had to leave India and Bengal region for strong pressure from the local intellectuals and ordinary people. Near the end of the Second World War, the size of the British Empire got reduced. The empire was breaking down. Though Gandhi and Viceroy Lord Mountbattan both tried to unite the Hindus and Muslims, the Muslims felt insecure. They were worried because they thought they will be neglected in India as this is a region dominated by the Hindus. Due to the situation, Lord Mountbattan decided to divide the subcontinent in 1947. Two countries were born instead of one. One is India and another is Pakistan. According to the partition agreement, India would be a Hindu state and Pakistan would be a Muslim state. Pakistan was divided into two parts: East Pakistan (Bengal) and West Pakistan (Punjab). Even after the partition, there were conflicts between the Hindus and Muslims. So, finally Muslims left India and moved to Pakistan. The Hindus left Pakistan and moved to India. Though there were disparity between the history, culture, lifestyle, language and customs of the two parts of Pakistan, they were united on the basis of shared belief in Muslim religion. But problems arose soon when the rulers started distinguishing the people of West Pakistan from the East Pakistan. The disparity in all sectors made the people of East Pakistan angry. The discontent grew due to the unfair policies and partial treatment of the people of East Pakistan by the government. When Urdu was imposed upon the people of East Pakistan, they revolted. Many people die for the language. The language movement brought the courage among the people of Bangladesh and they dreamt of freeing the land from the invasion of Pakistan. Finally, in 1971, after a bloody war of 9 months, Bangladesh became independent. Bangladesh Travel Guide – Three Cities to Visit With air travel becoming ever more affordable regardless of destination, scheduling a trip to exotic locations like Bangladesh is becoming the norm rather than the exception in today's travel culture. Likewise, the expansive reach of the internet now allows any traveler to check a prospective tourist destination in advance so much so that one can now plan a trip entirely on a mobile phone mobile internet device. Such advancements in travel and tourism have simplified the process so much that all one needs to do is decide exactly where to go and everything else is taken cared of from there. From insurance quotes to itinerary booking, any traveler is now safe in the hands of advance travel planning. For this reason, it comes down to deciding which three cities in, say Bangladesh, is well worth the visit for any traveler looking to relax, unwind, and see the world. You can find many article source references on the subject but for ease and convenience, we are listing down the three cities in Bangladesh that is well worth anyone's time. Dhaka. The capital and largest city in Bangladesh, Dhaka is a melting pot of the old and the new. Dhaka is also an ideal springboard for further incursions into other parts of the country. It features the most extensive list of local tourism agencies which will do all things for you short of sending a "Good Night SMS." Dhaka is also an excellent venue for getting all the necessary supplies in case you plan on spending a night or two in many of the more exotic destinations that grant access to wildlife, camping, hiking, and other outdoor adventures. Instead of spending your time reading phen375 reviews, perhaps you'd lose more weight if you spend time in Dhaka and other Bangladeshi locations. Not only are you seeing the world, but you are also doing your body a favor as well. Sundarbans. Located in the southern part of Bangladesh, Sundarbans is home to some of the most recognizable natural attractions anywhere in the world. This is a prime location for beautiful forests, the biggest mangrove growth in the world, and expansive delta swamps. Are you looking for an alternative to the Africa Safari? Sundarbans ably fits the bill. While you may not be able to buy premium Kratom here, you get everything else in the name of a crazy and wild adventure and for any nature lover, that's a trip that is well worth the attraction. Kuakata. Far away from the commercialized beaches in many other Asian locations, Kuakata in Bangladesh offers reclusive beach locations that make you feel like you are in paradise. The beaches here are strategically located to give you a stunning view of both the sunrise and the sunset. Bring your labrador retriever with you and it may feel like home away from home. Online public relations information allows you to scout your trip ahead of time. If you want more information on Bangladesh prior to scheduling a trip, do your homework and look up all the necessary information. Past that, you will not regret booking a trip to Bangladesh. Easily one of the most romantic getaways on Earth, you'll find all the comfort, relaxation and quiet that you need in Bangladesh, in the company of animals, the stunning beach and an expansive blue sky. You'll probably ask yourself why you did not come sooner. The History of Bangladesh Compared to its more popular neighbors Indian, Pakistan and Burma, the history of Bangladesh is not as well known. However, this does not mean that the history of this small country in South Asia is anything less dramatic or interesting. Like dreamweaver templates, the history of Bangladesh presents its own set of challenges and subplots that are intriguing to any student of world history but importantly to those who have taken a keen interest at this country. Bangladesh did not become a formal sovereign state until 1971 but even before this, it already had a rich culture that was well documented in the region. This is because the thriving religions of Hinduism and Buddhism all had their roots somewhere in the region where Bangladesh is located. As such, the land on which modern-day Bangladesh has stood has been a stirring witness to rise and fall of many civilizations in the area. No amount of anti wrinkle cream can hide the fact that Bangladesh has laid witness to countless wars for various purposes from the early Gupta and Harsha Empires of the 3rd to 6th centuries CE to the last war that led to its independence. The long history of Bangladesh paved the way to the occupation of the British in the 19th century. The change in governing authority was more like a drug detox for the people of Bangladesh who had to get accustomed to a new set of political, religious and economic policies. It was never a melaleuca experience; rather it was a time of serious struggle for the people who had to adjust to foreign influences for the very first time. Still, this also marks the period where the people of Bangladesh were formally introduced to the benefits coming from the West particularly in the area of education and medical aid. Formal independence for Bangladesh was gained following the war in 1971. This was after Bangladesh was originally considered as East Pakistan. While the country remained under Indian influences for the next few years, Bangladesh began to be freely ruled by people from within the country. This marked a period of steady progress where Bangladesh opened itself to modernization, and economic growth via capitalism. With the introduction of modern advantages like online mba for students, the growth of it jobs, and even technological benefits like home alarm systems, Bangladesh is slowly but surely introducing itself into the world. Still, the history of Bangladesh continues to evolve today as the country fights to overcome serious social, political and economic issues in the 21st century. Its economy enjoys a solid BB- rating which is higher than that of Pakistan and neighbor Sri Lanka but it also continues to suffer from rampant perceptions of corruption and crime. As Bangladesh forges ahead, there is no doubt it will be present in many an ebook reader detailing its ascent into the world stage. Only time will tell if Bangladesh makes the leap from being a developing country into a development one. That is something that the government and its people must work hard at achieving in order to be able to provide a bright future for the future generations of Bangladeshi citizens. The Three Must See Cities in Bangladesh If you are all for travel and tourism to exotic destinations particularly those in the Southeast Asian region, then there are three must-see cities in Bangladesh that you need to visit to complete your whirlwind tour of The Far East. While the name of these cities are fairly hard to remember or might cause you to cheat at scrabble, there are plenty of reasons – mainly religious and cultural – that make Bangladesh and its cities a definite stopover during a trip in the region. Here are the three must-see cities in Bangladesh and what you should expect when you drop by these unique tourism destinations. Dhaka. The capital of Bangladesh, its primary attraction has to be its mind-boggling "collection" of rickshaw transports. By conservative estimates, there are roughly 400,000 rickshaws running around Dhaka on any given day and you do not need a masters of accounting to tell you that such a number is truly astounding especially when you consider that Dhaka is not even close to being considered a major metropolitan district by global standards. Rickshaws are the lifeblood of Dhaka as a city and they bring tourists closer to the city attractions figuratively and literally speaking. Dhaka is also home to plenty of cultural attractions like the prominent national holidays on March 26 commemorating the nation's Independence, February 21 as the Language Martyr's day, and the 16th of December as Victory Day. These carry the local Buddhist and Hindu influences in the region and are excellent attractions to those interested in learning about East Asian culture. Any masters in education or even those planning RN to BSN online programs but would want to take a break before plunging to the rigors of intensive studying can certainly benefit from the refreshing atmosphere that is Dhaka, Bangladesh. Of course, we mean that in the full cultural sense of the word. Chittagong. Next to Dhaka, Bangladesh, Chittagong is the next biggest city in the country and is home to a multicultural collection of beliefs influenced by Islamic, Buddhist, and Hindu cultures primarily because of its location as a port. Chittagong is also home to the rich historical chapters that helped defined Bangladesh as the struggles opposing the conquering invaders of the Second World War had its roots here. At its very best, Chittagong is undergoing a dramatic face lift and is becoming an attractive home to many an umbrella company as the city is widely considered as one of the fastest growing metropolitan districts in the world. If you want to see a third-world city in action, or if you are planning to grow your business in East Asia, there is little doubt that Chittagong is the best place to be in as it also gives you access to neighboring territories like Nepal, Bhutan, Burma, Northeast India, and even Southern China. Khulna. Rounding up the list of the three must-see cities in Bangladesh is Khulna which, not surprisingly, is the 3rd largest city in the country after Chittagong and Dhaka. Khulna is a vital location for many a masters in health administration professional as majority of the world's battles against infectious diseases are being waged here, including malaria and water-borne diseases. Still, it cannot be denied that Khulna remains to be a vital and strategic location for business and economics in the region as it is like a city with a coach hire advertisement sign as it seeks to remodel itself into a vital economic hub next to Chittagong. As Bangladesh grows, so will Khulna with all the potential that it offers. While Bangladesh is far from being one of the most recognizable cities in the world, its potential for growth is more than apparent. Consequently, it remains to be a popular destination for exotic tourism escapades or even backpacking trips for religious and spiritual discoveries. The next time you find yourself in Bangladesh, check out Dhaka, Chittagong, and Khulna for all the great attractions that it offers. With these, you can make your Bangladesh visit one that will be truly memorable for many years to come. Travel Tips While Visiting Bangladesh If you have never been to Bangladesh and you are looking for more information on the country, its citizens, the roads, the sightseeing that is worth awhile there, the best types of hotels to stay in or what precaution measures should you be taking if you are planning on going here for the summer, you should read article here and learn everything there is to know about Bangladesh and Bangladesh tourism in particular. First and foremost, you are going to have to think about the prefect time of the year when you can visit Bangladesh. Once you are done with this type of planning, you should go ahead and decide what type of transportation means should you better opt for. Taking the bus could represent an action that is going to submit you to a constant threat of terrorism is some areas of Bangladesh. Driving to this far-distant country could also prove to not be a great idea. Taking your time and doing the proper amount of research about traveling to and visiting Bangladesh should also help you understand if taking your english mastiff along is a good idea or not, especially if you are going to be travelling to cities such as Sylhet and Chittagogn Hill Tracts. There are no top dental hygienist schools awaiting for there, but rather cruel acts of terrorism that might be welcoming you on these lands. As a matter of fact, the general lines of recommendations refer to the avoidance of tourism travelling to these parts of Bangladesh, as you will also be required to go through some rather harsh formalities. The official authorities are going to be asking for a 10-day notice in regards to your travel plans in Chittagong Hill Tracts. In other words, the situation can get so delicate there, that, at times, not even the best wrinkle creams on the planet should be able to help you forget all about your terrorism-related experience. Violent street disorders, local abductions of citizens or politicians and bus or public vehicle burning activities are not uncommon here. Ordering some books using Amazon Australia and doing some heavy reading about acts of terrorism should aid you learn more about this threats of the 21th century. Plus, pick pocketing and armed robberies are also often times occurring in Bangladesh, so special attention needs to attributed to doing your shopping there. As for the road travelling itself, you also need to pay special attention to the poor road conditions and the poor quality of the roads. Speeding and aggressive overtaking of the road are going to yet pose another threat to you, so if you are thinking about going to Bangladesh in order to be a part of some mph programs, you should probably think again. Upon preparing your incursion here, you might as well think about asking some masters of social work students to tell you how to handle travelling to countries that are under the threat of terrorism. Bangladesh Breakdown Country Analysis Bangladesh The Vibrant Culture of Bangladesh When eyeing a country to visit in Asia, it helps to be acquainted with the vibrant culture of Bangladesh, a small country of 148 million people sandwiched between India and Burma. Not too long ago, the reputation of Bangladesh was such that it was a poor country reliant on agriculture, tourism, and fishery as its primary means for livelihood. However, the growth of industrial and commercial markets primarily coming from India and spilling over to Bangladesh and fueled by more research into technologies designed to push the region forward has dramatically uplifted the quality of life in Bangladesh. As such, it is now one of the more enticing destinations for tourists from all over the globe. With regard to the culture of this vibrant country, everything begins with the influence of history and religion to what has become of Bangladesh today. It is heavily influenced by the cultures from India and the Cambodian peninsula which is discussed in better detail when you click here. Bangladesh also has very strong ties to Islamic traditions from nearby Middle East and this is also an essential determinant in today's economy where company ratings can be traced to connections in the Arab peninsula. The same can be said of the music coming from Bangladesh. While the country does not produce Taylor guitars for export, you can bet that it has a long list of musical instruments that pool together the country's rich history and cultural heritage. Such instruments include the ektara, dhol, dotara and tabla and are important musical pieces in North Indian classical music. The richness of the musical genre also spills over into the dance scene as there are many folk dances, not different from those in South Africa, which are predominantly buoyed by the local tradition in the area. More importantly, the myriad of festivals and celebrations in Bangladesh are major tourist attractions the whole year around and are strong enough that the industry fuels subsequent other businesses like home remodeling companies that kick into high gear at the onset of the tourist season. Festivals like the Eid ul-Fitr and Eid ul-Adha of the Islamic calendar are well received and widely sought out by foreigners more than you would expect with a free cell phone. The same can be said of colorful Hindu festivals like Kali Puja, Durga Puja, and Saraswati Puja while Buddhist festivals like the birth of Buddha are also celebrated. There is so much to see and enjoy in Bangladesh, borne on the shoulders of its rich cultural heritage. Book a trip today and see for yourself why Bangladesh is one of the most traveled destinations in Central Asia. It's a trip that will surely fill your heart with great memories and one that will open your eyes to the richness and diversity of Bengali culture. Is Bangladesh Worth Visiting? Whenever we hear of tourist destinations marketed heavily, we always end up asking ourselves whether that place is worth visiting or not in the first place. A classic case, for example, is Bangladesh where tourism ads have been revving in full gear for a while now. Those ads do not shy away from proclaiming all the good things in Bangladesh so much so that, just from reading the ads, one would surely be enticed to check out the potential travel destinations. You find yourself reading, and then shortly after, clicking the first link to people's testimonies about Bangladesh. So is it really worth visiting? Should you even bother to plan a trip to Bangladesh? The true answer is that it really depends on your goals as a tourist. Let's be honest; it's unreasonable to expect that you will find the best in First World amenities in Bangladesh. You can't expect to see first class counterparts of your Dentist Salem Oregon or Vancouver WA dentists. If you are expecting the best that the world has to offer when you visit Bangladesh, then you will be sorely disappointed. However, this does not mean that Bangladesh is the complete opposite of what you'd expect from a first class tourist destination. The capital, Dhaka, is fairly industrialized owing to the huge volume of businesses that finds its way into Bangladesh. As a result, the amenities have followed suit and international hotel brands are not setting shop in Bangladesh. On the one hand, you may not find a Domestic Violence Attorney Seattle counterpart in Bangladesh, but finding a Westin hotel or a Radisson Blu Garden Hotel is more than enough to make up for your worries. But of course, this is not why one should come to Bangladesh. For that, you would have to be interested in the culture. Bangladesh draws inspiration from the unique intersection of the Hindu and Buddhist religions resulting in one of the more unique cultural marriages in the world. Its literature, music and arts, and norms are heavily influenced by this social union. While you may not find fantasy football names here, the festivals and attractions will be more than sufficient to keep you engaged. The cities also offer a unique insight in Third World life. Bangladesh is dominated by huge populations packed in the metropolitan areas offering a unique avenue for observing the life of many who seek to make it in the big city. Between the cars, scooters, and rickshaws during the rush hour traffic, plus the added beauty of Bangladesh's many waterways, there is plenty to see and explore in the city. You can even watch people window cleaning high alongside tall skyscrapers, if only to see how the life in this progressive country relies heavily on manpower resources. Bangladesh has plenty to offer for the right person and is certainly a good place to find something new. Learn more about what Bangladesh can offer so you can personally decide if indeed, this is a country that is well worth visiting for a tourist getaway. Economic Progress in Bangladesh There seems to be a common perception from many in the Western world that most countries in Asia outside of the notables like China, Japan, Singapore, and Russiaare wallowing in continued poverty and have yet to enjoy the benefits of economic progress. Do a quick survey in Americaasking about the economic progress in Bangladesh and the long-standing perception is that the country is more than likely to have never heard of the somanabolic muscle maximizer scam and many similarly complicated ploys. All told, it is hard to picture a country as notoriously languid as Bangladesh snapping out of its funk and finally climbing the rungs of economic progress. Is this perception true or can we be any more farther from the truth? Consider the facts vetted by multiple UN agencies and recently released to pronounce Bangladesh's slow but sure arrival on the world economic stage: 6% GDP growth amidst the global economic crisis when most western countries were seeing declines 8% growth on the industrial sector 6% growth in the services department 4% growth in agriculture 90% of all annual public spending is now supported by domestic sources rather than borrowed from international agencies like the IMF and World Bank The economic progress shown by Bangladesh over the last few years has been nothing short of astounding especially when considered in the light of Bangladesh's recent economic struggles. In a relatively short period, the country has moved from basic cash advance transactions to being an attractive hub for foreign investments in South Asia. Bangladesh primarily draws on its manpower competitive advantage to funnel jobs from rising economic powers China and India so much so that in recent years, company equivalents to a Beaverton Auto Accident assistance firm are beginning to exist. A big portion of the rise in economic performance is driven by key changes to policies which have fostered a business-friendly climate well beyond your everyday plumber chester business. Specific examples include fair and speedy processing steps for local and foreign investors alike leveling the playing field and allowing outsiders to put up their business quickly and efficiently. A Scottish Trust Deed business equivalent deciding to establish a base in Bangladesh would take no more time than a local businessman putting up an agricultural company. The same can be said of legal measures to protect from nationalization, the strict enforcement of intellectual property laws, reduced duties on imports as well as subsidies on exports, and even corporate tax holidays among other things. The long road to economic independence is slowly off for Bangladesh although it is certain that more time is required before people begin to buy Kratom just because they can, rather than do it out of need. Still, any road to progress, no matter how slow, is much better than taking a few steps backward. No doubt,Bangladesh's recent economic data suggests it is trending in the right direction with more reason for continued optimism. Only time, and the vigorous implementation of more business-friendly policies, can guarantee that growth will be sustained. In the interim, there is cause for a minor celebration. In the long-term, there is certainly cause for much hope. The Flourishing Export Business in Bangladesh The People's Republic of Bangladesh is one of the flourishing countries in Asia, despite it being a flood-prone nation during the rainy season. It has quite a lot of resources that has attracted investors for import and export businesses and local trading as well, generating a positive input in supplier and client history. While farmers and crop cultivators make up the majority of the country's population, the export business in Bangladesh generally come from the supreme group of fabrics and textiles that they manufacture. They are also known to have large deposits of minerals such as limestone, hard rock and silicone sand. Even though the country has quite a lot of resources in almost every industry, especially in the agricultural side, the absence of competent technologies to harness them is one of the main reasons why their assets have yet to reach the full potential of being explored and properly utilized. They have yet to take advantage of the high-end equipments that will transform their raw materials to several things that are deemed useful to every country. Nevertheless, their current export ventures in the garment business are still a promising one for the Bangladeshis. They are also doing export on leather, paper, tea, ceramic items, to name a few, and all of which have given positive inputs in the economy. The major counterparts of Bangladesh in their imported and exported products are India, China, Japan, USA, Hong Kong, Malaysia, Taiwan, South Africa, Saudi Arabia, Indonesia, and other countries in Europe. Companies involved in this major activity stay in touch with suppliers and customers alike through the virtual phone service that helps them stay organized and connected with each other at all times. In doing so, they are keeping their economy in the balance by importing the goods they need and produce products for local and internal consumption, by means of export. True, Bangladesh may still be laid back in terms technology innovation, but their manpower has never failed to sustain and maintain their status in the global market. Aside from the thriving economy of Bangladesh, the country has also quite a number of natural resources to be proud of. It is primarily because of the Sundarbans, which is considered to be the world's biggest mangrove forest, where the Royal Bengal Tiger resides, among many other beautiful creatures in the wild. Shapla is the country's national flower, known to many as water lily, while Kathal, or jackfruit, is their national fruit, and of late, they have chosen their national tree to be that of a mango. With the natural beauty of the country and persistence among its citizens, Bangladesh will continue to attract new markets and globally be recognized as one of the leading exporters of prime commodities. Neighboring countries may have yet to learn more from their ways and adopt their simplicity and sincerity in approaching things. Needless to say, they have gone far with lesser modern mechanism, and will continue to achieve much more if they are given the opportunity to be explored. Is Bangladesh in Crisis? Bangladesh politics offers some great insights into what can happen when abuse of authority can corrupt an otherwise peaceful march to progress and equality. From late 2006 to 2008, Bangladesh was embroiled in a deadly and violent political crisis which claimed the lives of many people. Many a professional institute focusing on global political affairs point to the root of the whole conflict as the mismanagement of political authority when it was conferred by the Bangladeshi constitution during a period of political transition. There are basically two dominant political parties in Bangladesh; the Bangladesh Nationalist Party (BNP) and the Awami League. In late 2006, a caretaker government was formed to oversee the administration of the national election following a two-decade long political conflict. This was not Ibiza where blue horizons were seen up ahead. Instead, the Awami League questioned what it termed where unfair acts by the caretaker government designed to manipulate the results of the upcoming election. When the Awami League announced that it would boycott the upcoming election, the political crisis boiled over leading to riots and clashes which claimed the life of many political supported on both sides. The cessation of hostilities in late 2008 was made possible by the intervention of the UN and the EU in Bangladeshi political affairs. This intervention led to the creation of an interim government where the President was not elected. It only served to momentarily diffuse the tensions like lulls on movie trailers online but as long as the issues remain, the threat continues to be present and waiting for the right moment to manifest itself. Enter 2013 when the EU and UN have suspended their participation in the election monitoring process owing to claims that a credible political system for fair and equal voting does not exist. This has set the stage for what can be another deadly round of political crisis in Bangladesh. Like sciatica that only lies dormant, now is perhaps the time where it can all resurface again with even more deadly consequences. The planned 2013 elections in Bangladesh give rise to two very important issues that require attention not only by the local ruling government but also by international watchdogs with a stake in the country. These are the rise of election-related violence as parties go against each other in the pursuit of their own respective agenda, and the role of the increasingly imbalanced military which can escalate violence even further. Both elements are so serious it cannot be addressed by the metaphorical coconut oil for face approach. Something needs to be done if a new round of violence is to be prevented. So what can we expect from this political turmoil? There is no clear answer to that question, but there are sound suggestions. First, the sitting government led by Prime Minister Sheikh Hasina from the Awami League must take careful steps to assure the BNP that a fair election will occur, much like when the Awami clamored for BNP to do the same in 2008. Second, a conciliatory approach needs to be taken akin to employing a car accident attorney to objectively settle matters. Third, the military must remain non-biased on the issue, but also restrained in its quest to control the conflict. This is a goal that is far easier said than done. So is Bangladesh in crisis? It might not be, YET. Only time will tell if the parties involved can come into a peaceful resolution of their differences so they can forge a credible government which will carry Bangladesh to its future;if not, then there is little doubt that a political crisis is about to happen again. And this time, the consequences can be even deadlier. ICC Twenty20 World Cup 2014 Held In Bangladesh The best cricket players in the world recently gathered in Bangladesh to compete in the 2014 ICC World Twenty20 tournament. Organized by the International Cricket Council (ICC), the games were played from March 16 to April 6, 2014 in three cities of Dhaka, Chittagong, and Sylhet. Although this was already the 5th ICC World Twenty20 competition, it was the second consecutive time that an Asian country, Bangladesh, hosted the event. The 2012 version was held in Sri Lanka. Established in June 15, 1909, the International Cricket Council (ICC) is the international governing body of the popular sports of cricket. The ICC is headquartered in Dubai, United Arab Emirates and has 106 member countries including Bangladesh, Australia, England, India, New Zealand, Canada, and other countries. There are 10 Full Members that play official Test matches, 37 Associate Members, and 59 Affiliate Members. The ICC World Twenty20, aka ICC World T20 or World Twenty20, is an international championship of Twenty20 cricket normally held every two years. The first ever tournament was held in 2007 in South Africa and was won by India. Twenty20 cricket, commonly shortened to T20, is a form of cricket that was first played in England and Wales for professional inter-county tournaments in 2003 and administered by the England and Wales Cricket Board (ECB). Introduced to create a more lively form of cricket, a Twenty20 game can be completed in approximately three hours. Each inning lasts about 75-90 minutes with 10-20 minutes interval. Such is the worldwide popularity of the Twenty20 game that the ICC adopted the format and made it into an international competition in the form of the ICC World Twenty20 tournament. The ICC World Twenty20 is played on a group stage and knockout format. Points are awarded to teams during Round 1 and Super 10 stages. 2 points for win, 1 point for no result/tie, zero for loss. During the 2014 tournament, 16 warm-up matches were played in March 12-19, 2014. In the Group stage, teams were clustered into Group A and Group B. In the Super 10, teams were organized into Group 1 and Group 2. In the Knockout stage, four teams competed in the Semifinals until two teams remain and competed in the championship round. The following teams directly qualified for the Super 10: Australia, England, India, New Zealand, Pakistan, South Africa, Sri Lanka, and West Indies. The following teams qualified for the group stage: Afghanistan, Bangladesh, Hong Kong, Ireland, Nepal, Netherlands, United Arab Emirates, and Zimbabwe. After holding thirty-five matches at three different venues, the tournament closed by declaring Sri Lanka as the champion. Virat Kohli of India was declared the Man of the Series as well as the player with the most runs of 319. Most wickets awards were given to Imran Tahir of South Africa and Ahsan Malik of Netherlands, each with 12 wickets. To learn more about wicket, visit icc-cricket.com to get more information. If you have the desire to learn cricket, then go for it, have fun, and play. Please browse through the Web pages of our portal to find out more about the SSS organisation and our objectives, and to make a donation by clicking on the Donate logo, on the right hand side of the page. About SSS Welcome to SSS!Society for Social Service (SSS) is a local non-profit, non-political, non-governmental voluntary organisation. It was established in November 1986 by the initiative of a group of development workers of Tangail district in order to promote the socio-economic condition of the underprivileged and indigent Bangladeshi people with special attention to women and children.
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OffCite Blog | Design. Houston. Architecture. A shipping container packed with furniture designed by Houston-based Jamar Simien and crafted by hand in Malawi will arrive soon in Houston, after narrowly missing inundation by Cyclone Idai during transit through Mozambique. The pieces are crafted out of rare but sustainably sourced African hardwoods, while the indigenous methods reflect Malawian culture and highlight the trades of the craftsmen who practice there. Over the course of more than a few conversations with Jamar Simien, it became clear to me that his designs and his countless endeavors are all viewed through the lens of legacy. His multifaceted design studio Contour Functional Art has covered so much ground, literally, in a short period of time. Since the summer of 2018, he's started Contour, taught art to African school children, planted over 100 African Mahogany trees, began the process of building a design school in Malawi, helped a group of Malawian craftsmen start businesses of their own, and tutored countless people on how to build up their community. Jacaranda School for Orphans with Jamar Simien. An artist, landscape architect, designer, Jamar is more likely to refer to himself as an educator, perhaps in the tradition of his upbringing. His mother was an elementary school teacher. Jamar recalls her taking him to the school during the summer. From the basketball court he could see that her classroom light was the only light on in the school. "She is the most positive person I have ever met. She tried to share as much insight with me as possible. I loved playing basketball. When I was growing up in the mid nineties, we went through some rough times. And I had two ways to escape. One was art, the other was basketball. My mom encouraged me so much --- if you love art, you need to practice. If you love basketball, you need to practice. She instilled structure and positivity in me, and the importance of not only starting something, but the pertinence of completion. She invested sweat equity in me, and now I'm trying to pay it forward with my collaborators in Malawi." Originally drawn to landscape architecture at LSU for it's connections to nature, and his love of drawing, Jamar ended up in Houston when he got a job at the award-winning urban planning firm OJB. "I used to tell my kids this story when I taught art. They enjoyed hearing stories about my life and my job before teaching. At The Office of James Burnett, there was this big beautiful majestic oak tree right outside a window curtain wall. This was the fall of 2008, during the height of the recession, towards the end of my time at OJB. Every single day I'd come into the office, get my coffee, sit down at my desk, check my email and I would see this squirrel going up and down the tree. Chasing birds, chasing little animals, hiding --- all these things. I named the squirrel Charlie, and Charlie looked like he was having so much fun, and I wasn't. Despite working on huge real estate projects around the world, all I really wanted to do was draw. And you know, you don't get to do much of that anymore in architecture. You're going to be in AutoCad, you're going to be in other computer programs all day...I just wanted to pull out a pen and sketch all of the ideas that were running through my head. I felt like I had so much more to offer. That was when I decided I wanted to teach. I told myself, you know what, I'm going to be an art teacher. Sometimes you begin one journey but the path varies. I believed that teaching was going to turn into something greater, I just didn't know what that would be." African Mahogany end table. Courtesy Contour Functional Art. He left OJB to teach art for several years. Along the way, he mentored at-risk youth after school, established a long-running summer art camp and made school history by leading several art students to the state competition in consecutive years. In July of 2018, Jamar visited his godson and best friend in Malawi, a small country in East Africa. While he was there, he had the opportunity to watch some local craftsmen creating traditional wooden bowls out of African Mahogany. This experience is when the idea for Contour coalesced. "Once you start traveling you quickly realize how small the world really is, and how closely connected we actually are. How we share many of the same values and goals. How if given the opportunity, we can actually positively affect each other through brief or extensive interactions. Contour was created to not only design and build functional art, but to empower artisans globally --- and help them design and build their own future. We're all connected. In my case, I am connected to so many talented Malawian artisans because we share the same passion for art." Since that trip, along with his business partners Brandon Destouet and Ike Igbo, Jamar has turned Contour into what it is today. Brandon oversees technology and marketing for the company, while Ike oversees logistics in Africa, including shipping finished furniture to America. What is unique about the work that Contour produces is the journey it takes as it goes through production. Every piece begins with a man named Feston, who has connections with villages and individuals across Malawi. When a tree has been downed through a cataclysmic weather event, or has fallen from age, these individuals will contact him to let him know. He then will travel to the site to confirm the tree fell of natural causes, and collects the wood, milling it at his workshop by hand. Milling of African Mahogany tree in Malawi. Photo courtesy Contour Functional Art. This milled stock then travels to Carlos in Lilongwe, the capital of Malawi, for kiln drying. This is an important step of the process to ensure the natural product will retain its stability over its long life. Once the stock has been dried, it is transported to Chipa's shop. Chipa is a general contractor, and employs craftsmen of different trades in his shop. Hardwick oversees all metal fabrication, primarily out of reclaimed rebar (a popular building material in Malawi) while Mike oversees all of the wood fabrication with his team. Throughout this process, Contour works with each of these stakeholders to educate and train them on essential business skills, workflow optimization and financial best practices, teaching and training at every step of the process with the goal of creating and sustaining new businesses owned and operated locally by Malawians. One example of this is the recent expansion Feston has been able to complete at his shop. This added space allows him to rent out spaces to other aspiring entrepreneurs in the community, fostering growth and opportunity outside of the reach of even the work immediately associated with Contour. Another way to look at it is by the numbers alone - 10 employees working under Feston, 15 employees under Carlos, and another 15 employees under Chipa. Jamar says, "A good designer can see the potential in a sketch --- just like a good educator can see the potential in a person." His work with these men shows that ideological marriage of the designer and the educator, using product and production to bring out the best in the people he works with. Jamar is a man concerned with the idea of legacy. With his own, as well as yours, and mine. He wants to create legacy furniture pieces that last forever, and retain a meaningful footprint on the other side of the earth. Through their partnership with the nonprofit Root to Fruit, with every fallen tree that Contour crafts into one of a kind furniture, they plant up to 20 trees across the country of Malawi. These donated trees help sustain the life of communities by providing food, shade, medicine, firewood for cooking and heating, and so much more. Through Contour's outreach program called R.O.S.E., he wants to help craftsmen build their own legacy within their community. Reinvest, outreach, sustain and empower are all unwavering values of their vision to create positive change in East Africa. Mtangatanga dining table. Courtesy Contour Functional Art. The furniture that Contour is producing are beautiful, unique pieces --- crafted by hand out of rare materials in a far away place. But they are more than that. The best designs have meaning that goes beyond the object, and with the pieces that Contour is producing there is much more to them. They point a path forward, making a statement that good design is considerate of the people and the place it comes from. They speak to craft, and a nondestructive manufacturing process that does as much to build the product as it does to build up the people behind the product. In the post-globalization world we all currently live in, it is work like that which Jamar is doing through Contour which stands as a potent and evocative counter argument to an ever more international style, pointing a path forward for designers the world over towards products that truly have real impact across their entire lifespan. Products like the furniture Contour produces, what Jamar calls "functional art", have the power to fundamentally change what our relationships are with the objects with which we surround ourselves. That is a good legacy indeed. M. Lawrence Dillon is an industrial designer, writer, and architecture nerd living in Houston, Texas.
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Prototype | Prototyping Your Future / HCI IxD Any large organisation, be it public or private, monitors the media for information to keep abreast of developments in their field of interest, and usually also to become aware of positive or negative opinions expressed towards them. At least for the written media, computer programs have become very efficient at helping the human analysts significantly in their monitoring task by gathering media reports, analysing them, detecting trends and – in some cases – even to issue early warnings. We present here trend recognition-related functionality of the Europe Media Monitor (EMM) system, which was developed by the European Commission's Joint Research Centre (JRC) for public administrations in the European Union (EU) and beyond. EMM performs large-scale media analysis in up to seventy languages and recognises various types of trends, some of them combining information from news articles written in different languages. EMM also lets users explore the huge amount of multilingual media data through interactive maps and graphs, allowing them to examine the data from various view points and according to multiple criteria. A lot of EMM's functionality is accessibly freely over the internet or via apps for hand-held devices. Introduction Automated Content Analysis (ACA) is likely to be more limited than human intelligence for tasks such as evaluating the relevance of information for a certain purpose, or such as drawing high-level conclusions. Computer programs are also error-prone because human language is inherently ambiguous and text often only makes sense when the meaning of words and sentences is combined with the fundamental world knowledge only people have. However, computers have the advantage that they can easily process more data in a day than a person can read in a life time. Computer programs are particular useful in application areas with a time component, such as monitoring the live printed online media, because they can ingest the latest news articles as soon as they get published and they can detect changes and recognise and visualise trends. Due to the amount of textual information they can process, computer programs can be used to gain a wider view based on more empirical evidence. These features make ACA applications powerful tools to complement human intelligence. At least for the written media, the manual paper clipping process of the past – cutting out newspaper articles and combining them into a customised in-house news digest – has to a large extent been replaced by automatic systems. Computers can take over repetitive work such as gathering media reports automatically, categorising them according to multiple categories, grouping related documents, recognising references to persons, organisations and locations in them, etc. Using this filtered and pre-processed data, human analysts can then focus on the more demanding tasks of evaluating the data, selecting the most relevant information and drawing conclusions. The work of analysts will be more efficient if the computer programs can extract more information and the more high-level information they can recognise. Trend recognition is deemed particularly useful as it partially summarises events and it may help users detect hidden developments that can only be seen from a bird's perspective, i.e. by viewing very large amounts of data. Trend visualisations may serve as early warning tools, e.g. when certain keywords are suddenly found frequently or when any combination of other text features suddenly changes, compared to the usual average background. Trend prediction would then be the next logical step: based on regular historical observations specifically co-occurring with certain trends, it should be possible to predict certain trends when the same feature combinations occur again. Such an effort was described by O'Brien (2002) for the challenging domain of conflict and instability. A major challenge for complex subject domains such as societal conflict or war is that the data needed for making a reliable prediction may simply not exist and/or that some specific factors may decide on whether or not a conflict arises, factors that lie outside the realm of statistical analysis (e.g. the sudden sickness or death of a political leader). In any case, features for predictions should probably include data that can only be found outside the document corpus, such as statistical indicators on the economy and on the society (More REFS). The main disciplines contributing to ACA are called computational linguistics, natural language processing, language engineering or text mining. In recent years, this field has made a leap forward due to insights and methods developed in statistics and in machine learning, and of course due to the strong increase of computer power, the availability of large collections of machine-readable documents and the existence of the internet. In Section 2, we will give an overview of EMM, its functionality and its users. We will particularly point out the usefulness of aggregating information derived from the news in many different languages, which has the advantage of reducing any national bias and of benefitting from information complementarity observed in media sources written in different languages. In Section 3, we will then present a variety of trend presentations and data visualisation techniques used in EMM. These include time series graphs using numbers of articles on a certain subject, the usage of automatically extracted information on named entities mentioned in any selection of news, map representations combining geographical and subject domain information, opinion trends, graphs comparing information derived from the social media with that from the online version of printed media, and more. In Section 4, we summarise the benefits of automatic media monitoring, not without pointing out limitations of ACA and the potential dangers of relying on automatically derived information based on large volumes of textual data. Europe Media Monitor (EMM) A brief Overview 2.1 Overview Europe Media Monitor (EMM) stands for a whole family of media gathering and analysis applications, including NewsBrief, NewsExplorer, the Medical Information System MedISys, BlogBrief, NewsDesk and more (Steinberger et al. 2009). EMM was entirely developed at the JRC. While the main users are the EU institutions and the national authorities of the 28 EU member states, EMM was also made accessible to international organisations (e.g. various United Nations sub-organisations, the African Union and the Organisation of American States) and to the national authorities of selected partner countries of the EU. The first version of NewsBrief came online in 2002 while NewsExplorer came in 2004, but both systems processed smaller volumes of news and they had less functionality. EMM currently gathers a daily average of about 220,000 online news articles per day in seventy languages from approximately 4,000 different web sources (status May 2015). The news sources were manually selected with the purpose to represent the major newspapers of all countries in the world and to include European-language news (especially English) from around the world. For reasons of balance, it was decided not to include all easily accessible news sources, but to monitor a comparable number of news sources per country, with a focus on Europe. EMM additionally processes news feeds from over twenty press agencies. It visits news-like websites such as governmental and non-governmental web pages and it monitors social media such as Twitter, FaceBook and selected blog sites. The public versions of EMM do not show commercially acquired documents and usually have less functionality than the EC-internal versions. Separately for each language, the news articles then undergo a series of processing steps, including language recognition, document duplicate detection, Named Entity Recognition (NER) for persons, organisations and locations, quotation extraction, sentiment/tonality analysis, categorisation into one or more of the over 1,000 different subject domain classes. EMM then clusters related articles into groups, which allows users to examine the load of articles in an organised fashion. The different EMM applications provide different functionality, described in the next section. Family of EMM news monitoring applications NewsBrief (Figure 1) is the most widely used system. It provides users with near-real-time information on their field of interest in all seventy languages. Separately for each language, news gathered within a sliding four-hour window (8 hours for some languages) are clustered, but older articles remain linked to the cluster as long as new articles arrive. For each cluster, automatically extracted meta-information such as named entities and quotations are displayed. Continuously updated graphs show the ten currently largest clusters and their development over time. By clicking on any of the clusters, users can see the list of all articles and click on each article to read the entire text on the website where it was originally found. For fourteen languages, an automatically pre-generated translation into English is available. For event types with relevance to health, safety and security, NewsBrief also displays automatically extracted event information (eight languages only), including the event type, location and time of the event, number and type of victims (dead, injured, infected), and – where this was mentioned – the perpetrator (the person or group inflicting the damage). The limitation of the event types is due to the user groups, which are mostly concerned with providing support in case of disasters, epidemics, etc. NewsBrief offers subscriptions for automatic updates per category by email, for institutional users also via SMS. BlogBrief provides the same functionality as NewsBrief, but instead of news, it processes English language blogs by bloggers who have been hand-selected due to their importance or impact (e.g. politicians and journalists). MedISys is rather similar to NewsBrief, except that all its content categories are related to issues that are relevant for Public Health monitoring. Its news categories include all major communicable diseases and other Chemical, Biological, Radiological or Nuclear (CBRN) dangers, symptoms, as well as subjects of scientific or societal value such as vaccinations and genetically modified organisms. NewsExplorer provides a more long-term view of the news (in 21 languages only) and it provides a cross-lingual functionality. Rather than displaying and grouping the current news, NewsExplorer clusters the news of a whole calendar day and displays the clusters ordered by size. For each cluster, hyperlinks lead users to the equivalent news clusters in any of the other twenty languages (where applicable) and to historically related news. NewsExplorer also includes hundreds of thousands of entity pages (persons, organisations and more), where historically gathered information on each entity is aggregated and displayed, including name variants, titles, clusters and quotes where the entity was mentioned, quotes issued by that person, other entities frequently mentioned together with this entity, and more (see Figure 2). NewsDesk is a tool for human moderation. It allows media monitoring professionals to view and select the automatically pre-processed news data and to easily create readily formatted in-house newsletters. EMM Apps for mobile devices such as iOS and Android phones and tablets first became publicly and freely available in 2013 (See Figure 3). Due to the personal nature of such devices, it became first possible to display customised starting pages for each user. For the iOS EMM App alone, about 26,000 downloads were recorded up to May 2015. This customisable version of EMM became very popular so that this functionality was implemented in a new web version of EMM, called MyNews (see below). The EMM App uses a whole new concept and way to interact with EMM Metadata, referred to as Channels. A channel is a stream of EMM articles that all share the same metadata: Channels can be (a) any News Category, (b) the Top 20 Stories in a particular language, (c) a Country/Category combination, (d) an entity recognised by EMM or (e) a search in the full-text index. Users can create such channels for themselves and they can group channels into sets, allowing them to browse freely between channels in any of these sets. When users open a channel, they get access to all the articles that are present in the channel at the time, plus the other metadata that EMM has identified and associated to that channel. Users can of course also browse the attached meta-data, turn them into new channels and pin them to the current set. Crisis management tools and products have been found to be challenging to design and produce due to the complexity of dynamic customisable data-sets defined by each individual user. The main problems in designing such tools are ambiguity, multi-platform support, data representation and other pitfalls commonly seen in mobile technology development. We adhere to a model-based methodology focusing on core functionality and logical interactions with the data-set, user-centric design and data visualisation while supporting other development activities including a requirement analysis for a wide set of devices and operating systems, verification and validation. The result of the development cycle is a layout structure in which a wide scale of EMM crisis management tools has been developed. There are many digital solutions aiming to support humanitarian and emergency response tools by means of open source information gathering and text analysis. A strong trend among those tools is the ability to detect and analyse vast amounts of data, highlighting important developments relevant to each user and use. Many solutions are already operational today, the majority of these solutions requires the user to open a webpage a few times every day to get updated. Other solutions are relying on communicating with external servers, which is expensive and demanding in maintenance. They additionally usually require user authentication, which can compromise privacy and security. Our own solution allows custom notifications based on changes in the specific data set the user has defined. When a logical threshold is activated the system displays a notification directly on the user's mobile device. By merging our notifications with the core system notification system of the mobile device, we alert the user only when it is appropriate. For example, notification will wait silently when the user is asleep and will schedule the notifications to be presented a few minutes after the user has started using the device. This is being done without any user intervention or pre-settings. This novel solution differentiates itself from most notification solutions in the fact that it does not rely on any server side technology. The application itself calculates when and how notifications are presented to the user based on an internal logic crossed with background fetching of the current total data set. MyNews is the first customisable web interface to the news items supplied by the EMM engine designed for desktop browsers. It only became available in 2015. It requires logging in and is only available in-house, i.e. it is not accessible to the wider public. MyNews is highly customisable, since it allows users to define their own specific view by selecting the topics they are most interested in. This is achieved – similarly to the EMM mobile apps – by allowing users to tune news channels focused on very specific topics. They can create as many channels as they like, and they can organise them into sets (see Figure 4). There are many different ways to create new channels, which increases greatly the flexibility of the tool, combining as a union or as an intersection of article selections based on (a) text language, (b) news categories, (c) entities, (d) news from a certain country or (e) news about a certain country, (f) top stories (i.e. the biggest clusters of news talking about the same event) or (g) freely chosen search words. When visualising the contents of any of the channels, the meta-data relating specifically to this selection of news is displayed visually (see Figure 5). The Big Screen App, available since 2014, offers a view of EMM that is visible on large screens in central locations at user organisations. It shows a revolving and continuously updated view of what is happening around the world, targeted to the respective user communities, using text, maps and graphs. Citizens and Science (CAS) is a project that aims to gauge the relative importance of reporting on Science & Technology (S&T) in traditional and social media. It does this by comparing the reporting volume from a number of European Nations and the USA of items that correspond to a number of predefined S&T categories. The sources of these items are taken from the traditional online news media, public posts from FaceBook and tweets from Twitter. CAS allows investigating the relative dominance of certain themes across different media (traditional vs. social), languages and countries and it can help find empirical evidence of biased reporting (see Figure 6; more detail in Section 3.2). Details on ingested news, sources, numbers, geographical distribution Event extraction Multilinguality in EMM Multilinguality is an extremely important feature in this news monitoring application. Covering so many languages is not only important because the European Union consists of 28 Member States with 24 official EU languages. The coverage of news in 70 different languages is also due to the insight that news reporting is complementary across different countries and languages, both regarding the contents and the opinions expressed in the media. By gathering and analysing different languages, EMM reduces any national or regional bias and it increases the coverage of events and of opinions. While major world events such as large-scale disasters, major sports events, wars and meetings of world leaders are usually also reported in English, there is ample evidence that only a minority of the smaller events is reported on in the press outside the country where the event happens. Many EMM users have specialised interests such as the monitoring of events that may have negative effects on Public Health (e.g. disease outbreaks, reports on food poisoning, lack of access to medicines) or on the stability or welfare of a country (e.g. clashes between ethnic groups, accidents, crime). An analysis has shown that the vast majority of such events is not translated or reported abroad (Piskorski et al. 2011 – PROVIDE DETAILED NUMBERS). The links between related clusters across different languages in NewsExplorer show that only some of the news items in each country or language have an equivalent in other languages while the majority of news clusters talk about subjects of national interest. Figure 7, taken from the live EMM news cluster world map, also gives evidence of the uneven distribution of language reporting for locations on the globe: News mentioning locations in Latin America are mostly reported in Spanish and Portuguese; there is little news on Russia and China that is not written in Russian or Chinese, respectively, etc. Only by combining the world news in all different languages do we get a fuller picture of what is happening . Trend observation and distribution statistics in EMM In this section, we want to give some concrete examples of trend monitoring, as well as of bird's views of large amounts of media data giving insights in the relative distribution of news contents. The selection of examples shown here is based on wanting to present different visualisation principles or types, but it is naturally also driven by the interests of EMM users. Since EMM monitors in near-real time (time stamp) large amounts of media reports from around the world and it keeps track of the information (e.g. news provenance, news source, publication language, URL, media type, time of publication, etc.) and it additionally extracts categories and features (e.g. subject domain; number of related articles; names of persons, organisations and locations; sentiment; combinations of features; average values, etc.), it is in principle possible to produce and visualise statistics on any feature or feature combination. This can be done for a specific point in time (most EMM users are interested in now), it can be done for any moment back in time, it is possible to compare current values to average values, and it is possible to perform a time series analysis, i.e. it is possible to show any change over time. Note, however, that, while all such meta-data extracted by EMM can be stored, the original full text of the news has to be deleted after the analysis, for copyright reasons. Users will thus be able to see the meta data and a snippet of the news text (title and the first few words), but if they want to see the full text, they have to follow the hyperlink provided. Whether or not the full text is still accessible then depends on the news source. In the following sub-sections, we will present some types of trend observations and visual presentations of distribution statistics. Bar graphs and pie charts The simplest and probably clearest way of presenting static data is achieved using bar graphs and pie charts. Figure 5 shows three different bar charts to visualise different aspects for the same selection of news documents (provenance of the news, countries mentioned in the articles, and subject domains/entities referred to). These charts give the reader an overview of the whole collection of documents and it thus helps them evaluate and categorise the contents before reading them in detail. Figure 7b shows the language distribution of a multilingual set of European news articles talking on the subject of Science & Technology and comparing it with the language distribution in all articles covering the same time period. It is immediately visible that English and Polish language articles (left) are over-proportionally talking about S&T, while German and French S&T articles are under-represented, compared to the average. Maps visualising geographical distributions Map views are rather popular and intuitive. Figure 5 shows an aggregated map view (number of articles per continent/country/region, depending on the zoom level) while Figure 7 shows all news clusters (or those in a selection of languages). Many types of map data are available, allowing to combine any EMM information with third-party information, as seen in Figure 8 . Any map data in EMM is hyperlinked to the underlying news articles together with the extracted meta-information so that users can verify the contents and read the underlying news sources. Trend graphs Trend graphs show a simple correlation between at least two variables, of which one is time. Typically, they take the shape of line graphs or bar graphs where one axis represents time. Figure 1 shows the size (number of news articles) of the ten largest English language news clusters and their development over the past 12 hours, with a ten-minute resolution (update frequency). The interactive graph clearly shows which stories are most discussed. By hovering with the mouse over any of the points, the most typical news article header of that moment in time is shown so that users can get informed of the development of that story. The system decides on the most typical article header statistically by selecting the medoid, i.e. the document that is closest to the centroid of the vector. By clicking on any of the curves, a new page will open showing the articles that are part of that cluster plus all meta-information available to the system. This graph thus shows ten trend lines in one graph, for the sake of comparison. Similarly, Figure 6 visualises the numbers of news articles and of Social Media postings over time on four science areas. The graph shows longer-term developments. The chosen resolution is one day. For each of the four science areas, two trend curves are displayed to facilitate the visual understanding of the relative long-term development. Such graphs can be rather revealing. For instance, Figure 9 compares Science & Technology reporting in Europe and in the US. For better comparison, the numbers have been normalised: the x-axis shows the percentage of S&T articles compared to all articles, instead of absolute numbers. This graph reveals that the intensity of reporting on S&T in Europe lags behind that observed in US-American media (0.5% of all articles in all languages in the EU vs. 2.8% in the USA report about S&T). Comparing only English language articles in predominantly English-speaking countries (UK and Ireland in Europe; graph not shown here) with the English language articles in the USA, the difference is smaller, but it still notable (1.5% of articles in the UK and in Ireland vs. 3.2% in the USA). To put these numbers into perspective: the reporting on the reference categories Conflict, Ecology, Society and Sports, considering only the English language, was respectively 2.56%, 0.14%, 0.59% and 5.46% for the USA and 1.93%, 0.09%, 0.45% and 6.63% for the EU. This means that the reporting on S&T issues does not fall far behind the reporting on Sports in the USA, but in Europe reporting on Sports is 4 times more than on S&T issues. Note that, in EMM, sports articles are additionally only taken from general news streams because EMM does not scan sports pages of news sites. Looking in detail at a specific topic such as Space, we observe that there is a very strong correlation between the peaks, but the volumes are much smaller in the UK and Ireland, compared to the USA (See Figure 9). Other than a weak correlation between product announcements in the media and on twitter, we have not observed a clear media-driven discussion on the social media, i.e. we have not been able to establish any correlation between media reports and the user-driven content. Such data is a good starting point for the work of social scientists, who can then search for an interpretation and for explanations. Economists and politicians may then think of possible remedies (if needed and wanted). Figure 10 shows the interactive long-term news story timeline produced in EMM-NewsExplorer. The graph shows the number of news articles per day in the daily news clusters about the same event or subject. By hovering over any of the bars, the news cluster title is displayed so that users can explore what happened that day. By clicking on that day, the users are taken to the page with information on that day's news cluster in order to read the articles, see the related meta-information and follow hyperlinks to related reports in other languages. The graph allows exploring developments over longer periods of time and refreshing one's memory on what happened when. Figure 11 shows the development of positive or negative tonality (or sentiment) measured in English and French news articles, using a one-week resolution. Early warning graphs Figure 8 visualises results on the most recent events of a certain type, allowing stakeholders to become aware of the latest developments, to deepen their understanding of what happened (by reading the related news articles) and to take action, if needed. Another type of early warning is achieved with statistical means, as shown at the top of Figure 10, taken from EMM's Medical Information System MedISys. The graph called daily alert statistics shows the currently biggest threats world-wide, with decreasing relevance from left to right (the red threats are the ones with the highest alert levels). MedISys counts the number of articles in the last 24 hours for any country-threat combination (e.g. tuberculosis and Poland) and compares it to the two-week average count for this same combination. This ratio is then normalised by the number of articles for different days of the week (there are less articles on the weekend). The alert statistics graph then shows the results of all calculations, ranked by the value of this ratio . Note that the ratio is entirely independent of the absolute numbers as it rather measures the unexpectedness. Each country-threat combination is shown in two columns: the left one (light blue) shows the observed number of articles while the right one (red, yellow or blue) shows the expected two-week average. An important feature of this graph and of MedISys/EMM as a whole is that this alert is language-independent. The same categories for countries and for threats exist for (almost) all EMM languages, meaning that the articles may be found in one language only (e.g. Polish or Arabic), which often is different from the languages spoken by the MedISys user. The graph is interactive: Users can click on any of the bars to jump to a new page where all relevant articles for this country-threat combination are displayed, together with a heat map and a trend line showing the development over the past 14 days. The Spain-legionellosis threat combination in Figure 10 no longer is a top threat as it had already been reported on for four days. Further graph types used in EMM Figure 11 shows a node graph visualising co-occurrence relations between people. For each person, the 100 most associated entities (persons or organisations) are displayed. The subset of common entities is highlighted in red. The graph is interactive: by clicking on any of the entity nodes, they jump to a page with the news mentioning that entity and displaying all automatically extracted meta-information (e.g. Figure 2), or to the Wikipedia page for that entity. Further entities can be added to the same graph. EMM-NewsExplorer produces the correlation data by counting which entities are mentioned together with which other entities in the same news items. In order to suppress media VIPs such as the US president from the purely frequency-based correlation lists (called 'related entities' in NewsExplorer), a weighting formula is used that brings those entities to the top that are mostly mentioned together with this person and not so much with other persons. The data, referred to in NewsExplorer as 'associated entities', is produced on the basis of mention co-occurrence in the news in 21 different languages, i.e. it is less biased by the reporting language than data produced by a monolingual media monitoring system. EMM recognises direct speech quotations in the news in about twenty different languages and keeps track of who issued the quotation and who is mentioned inside the quotation. Figure 12 shows a quotation network indicating who mentions whom (arrows). Persons most referred to are automatically placed closer to the centre of the graph. During the 2007 presidential elections in France, it was observed that Nicolas Sarkozy, who was the winner of the elections, was consistently more central than his opponent Ségolène Royal. Quotation networks are no longer used in EMM. The same applies to topic maps, which display the most prominent subject matters referred to in a document collection. The topics are grouped into islands of relatedness (using a method known as Kohonen Maps). The more prominent a group of topics is in the collection, the higher the mountains on the island, with peaks being snow-covered. Summary and conclusions, pitfalls Computers have the ability to sieve through large volumes of data in little time and the technologies required for Automated Content Analysis (ACA) have matured to a level where automatically produced results can be useful for the human analyst. We have argued that a man-machine collaboration for the analysis of large volumes of media reports will produce best results because people and computers have complementary strengths. We have presented the main functionality of the European Commission's family of Europe Media Monitor (EMM) applications, which currently gathers an average of 220,000 online news articles per day from about 5,000 online news sources in seventy languages (and also from social media postings about certain themes), categorises the news into about 2,000 different categories, groups related articles, extracts various types of information from them, links related articles over time and across languages and presents the analysis results in a variety of ways to the human end user. Moderation tools support the users in viewing the data, in selecting and amending it and in producing in-house newsletters for the information-seeking decision takers. Monitoring not only English or some widely spoken languages is important in order to avoid bias and also because the news is complementary across languages, both for contents and for the sentiment contained therein. Automatic tools that process and analyse documents turn unstructured information into a structured format that can easily be processed by machines and that also provides useful data for the human user. This results in a data collection, where for each article, we know the news source, the country of origin, the language, the timestamp of the publication, the news categories, the persons, organisations and locations mentioned therein, related articles within the same and across different languages, quotations by and about persons. Additionally, we have data about trends, i.e. whether news related to the same event or subject are increasing or decreasing in numbers over time, and there is some information on sentiment/tonality. This structured collection makes it in principle possible to produce any statistics and to establish any trends related to these types of information. For selected subjects and feature combinations, the JRC regularly publishes its analysis, allowing EMM users to have a deeper insight into the publications on subject areas of their interest. In this article, we presented a range of different types of analyses and visualisations in order to give an overview of distributions and trends observed during large-scale media analysis. Such an extraction and aggregation of data is not usually the final objective, but it normally is the starting point for an intellectual human analysis. Analysts can get inspired by the data, questions may arise, suspicions may get confirmed or contradicted. Used carefully, we believe that the analyses produced by EMM or similar systems can be very useful because they may be used as an inspiration and as empirical evidence for any argument human analysts may want to make. However, we find it extremely important that users be aware of the limitations and of possible pitfalls when using such data, be it from EMM or from other automatic systems: First of all, media monitoring is not reality monitoring. What the media say is not necessarily factually true and media attention towards certain subjects usually differs from the real-life distribution of facts or events, giving media consumers a biased view. Media reporting is heavily influenced by the political or geographical viewpoint of the news source. It is therefore useful to analyse a large, well-balanced set of media sources coming from many different countries world-wide. EMM aims to reach such a balance, but sources are also added on request of users, it is not always known what political standpoints newspapers have, and not all news sources are freely accessible. For this reason, EMM displays the list of media sources so that users can form their own opinion. Any analysis, be it automatic or man-made, is error-prone. This is even true for basic functionalities such as the recognition of person names in documents and the categorisation of texts according to subject domains. Machines might make simple mistakes easily spottable by human analysts, such as categorising an article as being about the outbreak of communicable diseases when category-defining words such as tuberculosis are found in articles discussing a new song produced by a famous music producer, which is easily spottable by a person. On the other hand, machines are better at going through very large document collections and they are very consistent in their categorisation while people suffer from inconsistency and they tend to generalise on the basis of the small document collection they have read. For these reasons, it is crucial that any summaries, trend visualisations or other analyses can be verified by the human analysts. Users should be able to verify the data by drilling down, e.g. viewing the original text data in the case of peaks or unexpected developments, and especially to get an intuitive confidence measure by viewing a number of cases that lead to conclusions. Most of EMM's graphs are interactive and allow viewing the underlying data. It would be useful if system providers additionally offered confidence values regarding the accuracy of their analyses. For EMM, most specialised applications on individual information extraction tools include such tool evaluation results and an error analysis (e.g. XXX-REF). However, the tools can behave very differently depending on the text type and the language, making the availability of drill-down functionality indispensable. End users should be careful with accuracy statistics given by system providers. Especially commercial vendors (but not only) are good at presenting their systems in a very positive light. For instance, our experience has shown that, especially in the field of sentiment analysis (opinion mining, tonality), high accuracy is difficult to achieve even when the statistical accuracy measurement Precision and Recall are high. Overall Precision (accuracy for the system's predictions) may for instance indeed be high when considering predictions for positive, negative and neutral sentiment, but this might simply be because the majority class (e.g. neutral) is very large and the system is good at spotting this. Accuracy statistics may also have been produced on an easy-to-analyse dataset while the data at hand may be harder to analyse. Sentiment, for instance, may be easier to detect on product review pages on vending sites such as Amazon than on the news because journalists tend to want to give the impression of neutrality. Machine learning approaches to text analysis are particularly promising because computers are good at optimising evidence and because machine learning tools are cheap to produce, compared to man-made rules. However, the danger is that the automatically learnt rules are applied to texts that are different from the training data as comparable data rarely exists. Manually produced rules might be easier to tune and to adapt. Again, statistics on the performance of automatic tools should be considered with care. Within EMM, machine learning is used to learn vocabulary and recognition patterns, but these are then usually manually verified and generalised (e.g. Zavarella et al. 2010; Tanev & Magnini 2008). To summarise: we firmly believe that Automated Content Analysis works when it is used with care and when its strengths and limits are known. Computers and people have different strengths which – in combination – can be very powerful as they combine large-scale evidence gathering with the intelligence of human judgement. References Atkinson M, Keim D, Schaefer M, Franz W, Leitner-Fischer F, Zintgraf F. (2010). DYNEVI - DYnamic News Entity VIsualization. In: J.Kohlhammer, D.Keim (eds). Proceedings of the International Symposium on Visual Analytics Science and Technology. Golsar (Germany): The Eurographics Association. pp. 69-74 . Atkinson Martin, Jakub Piskorski, Erik van der Goot & Roman Yangarber (2011). Multilingual Real-Time Event Extraction for Border Security Intelligence Gathering. In: U. Kock Wiil (ed.) Counterterrorism and Open Source Intelligence. Springer Lecture Notes in Social Networks, Vol. 2, 1st Edition, 2011, ISBN: 978-3-7091-0387-6, pp 355-390. Atkinson Martin, Jakub Piskorski, Hristo Tanev, Roman Yangarber & Vanni Zavarella. Techniques for Multilingual Security-related Event Extraction from Online News. In: Przepiórkowski Adam et al. Computational Linguistics Applications, pp. 163-186. Springer-Verlag, Berlin, 2013. Atkinson Martin, Jenya Belayeva, Vanni Zavarella, Jakub Piskorski, S. Huttunen, A. Vihavainen, Roman Yangarber (2010). News Mining for Border Security Intelligence. In IEEE ISI-2010: Intelligence and Security Informatics, Vancouver, BC, Canada. Balahur Alexandra & Hristo Tanev (2013). Detecting event-related links and sentiments from social media texts. Proceedings of the Conference of the Association for Computational Linguistics (ACL'2013). Balahur Alexandra, Ralf Steinberger, Erik van der Goot, Bruno Pouliquen & Mijail Kabadjov (2009). Opinion Mining on Newspaper Quotations. Proceedings of the workshop 'Intelligent Analysis and Processing of Web News Content' (IAPWNC), held at the 2009 IEEE/WIC/ACM International Conferences on Web Intelligence and Intelligent Agent Technology, pp. 523-526. Milano, Italy, 15.09.2009. Balahur Alexandra, Ralf Steinberger, Mijail Kabadjov, Vanni Zavarella, Erik van der Goot, Matina Halkia, Bruno Pouliquen & Jenya Belyaeva (2010). Sentiment Analysis in the News. In: Proceedings of the 7th International Conference on Language Resources and Evaluation (LREC'2010), pp. 2216-2220. Valletta, Malta, 19-21 May 2010. Barboza P, Vaillant L, Mawudeku A, Nelson NP, Hartley DM, Madoff LC, Linge JP, Collier N, Brownstein JS, Yangarber R, Astagneau P (2013). Early Alerting Reporting Project Of The Global Health Security Initiative. Evaluation of epidemic intelligence systems integrated in the early alerting and reporting project for the detection of A/H5N1 influenza events. PLoS One. 2013;8(3):e57252. doi: 10.1371/journal.pone.0057252. Epub 2013 Mar 5. Jakub Piskorski, Hristo Tanev, Martin Atkinson, Erik van der Goot & Vanni Zavarella (2011). Online News Event Extraction for Global Crisis Surveillance. Transactions on Computational Collective Intelligence. Springer Lecture Notes in Computer Science LNCS 6910/2011, pp. 182-212. Krstajic, M.; Bak, P.; Oelke, D..; Atkinson, M.; Keim, D.A. (2010). Applied Visual Exploration on Real-Time News Feeds Using Polarity and Geo-Spatial Analysis. Web Information Systems and Technologies WEBIST 2010, Valencia, 7-10 April 2010. Krstajic, M.; Mansmann, F.; Stoffel, A.; Atkinson, M.; Keim, D.A. (2010). Processing online news streams for large-scale semantic analysis. 26th International Conference on Data Engineering (ICDE) Workshops, pp.215-220, 1-6 March 2010. Linge Jens, Ralf Steinberger, Thomas Weber, Roman Yangarber, Erik van der Goot, Delilah Al Khudhairy & Nikolaos Stilianakis (2009). Internet Surveillance Systems for Early Alerting of Health Threats. EuroSurveillance Vol. 14, Issue 13. Stockholm, 2 April 2009. Linge, J.P., Mantero, J. Fuart, F., Belyaeva, J., Atkinson, M., van der Goot, E. (2011). Tracking Media Reports on the Shiga toxin-producing Escherichia coli O104:H4 outbreak in Germany. In: Malaga. P. Kostkova, M. Szomszor, and D. Fowler (eds.), Proceedings of eHealth conference (eHealth 2011), LNICST 91, pp. 178–185, 2012. PUBSY JRC65929. Piskorski Jakub, Jenya Belyaeva & Martin Atkinson (2011). Exploring the usefulness of cross-lingual information fusion for refining real-time news event extraction. Proceedings of the 8th International Conference Recent Advances in Natural Language Processing (RANLP'2011), pp. 210-217. Hissar, Bulgaria, 12-14 September 2011 Pouliquen Bruno, Hristo Tanev & Martin Atkinson (2008). Extracting and Learning Social Networks out of Multilingual News. Proceedings of the social networks and application tools workshop (SocNet-08) pp. 13-16. Skalica, Slovakia, 19-21 September 2008. Pouliquen Bruno, Marco Kimler, Ralf Steinberger, Camelia Ignat, Tamara Oellinger, Ken Blackler, Flavio Fuart, Wajdi Zaghouani, Anna Widiger, Ann-Charlotte Forslund, Clive Best (2006). Geocoding multilingual texts: Recognition, Disambiguation and Visualisation. Proceedings of the 5th International Conference on Language Resources and Evaluation (LREC'2006), pp. 53-58. Genoa, Italy, 24-26 May 2006. Pouliquen Bruno, Ralf Steinberger & Clive Best (2007). Automatic Detection of Quotations in Multilingual News. In: Proceedings of the International Conference Recent Advances in Natural Language Processing (RANLP'2007), pp. 487-492. Borovets, Bulgaria, 27-29.09.2007. Pouliquen Bruno, Ralf Steinberger & Olivier Deguernel (2008). Story tracking: linking similar news over time and across languages. In Proceedings of the 2nd workshop Multi-source Multilingual Information Extraction and Summarization (MMIES'2008) held at CoLing'2008. Manchester, UK, 23 August 2008. Pouliquen Bruno, Ralf Steinberger, Camelia Ignat & Tamara Oellinger (2006). Building and displaying name relations using automatic unsupervised analysis of newspaper articles. Proceedings of the 8th International Conference on the Statistical Analysis of Textual Data (JADT'2006). Besançon, 19-21 April 2006. Pouliquen Bruno, Ralf Steinberger, Jenya Belyaeva (2007). Multilingual multi-document continuously updated social networks. Proceedings of the Workshop Multi-source Multilingual Information Extraction and Summarization (MMIES'2007) held at RANLP'2007, pp. 25-32. Borovets, Bulgaria, 26 September 2007. Sean P. O'Brien (2002). Anticipating the Good, the Bad, and the Ugly. An Early Warning Approach to Conflict and Instability Analysis. Journal of Conflict Resolution, Vol. 46 No. 6, December 2002, pp. 791-811 Steinberger Ralf & Bruno Pouliquen (2009). Cross-lingual Named Entity Recognition. In: Satoshi Sekine & Elisabete Ranchhod (eds.): Named Entities - Recognition, Classification and Use, Benjamins Current Topics, Volume 19, pp. 137-164. John Benjamins Publishing Company. ISBN 978-90-272-8922 3. ( Steinberger Ralf (2012). A survey of methods to ease the development of highly multilingual Text Mining applications. Language Resources and Evaluation Journal, Springer, Volume 46, Issue 2, pp. 155-176 (DOI 10.1007/s10579-011-9165-9). Steinberger Ralf, Bruno Pouliquen & Erik van der Goot (2009). An Introduction to the Europe Media Monitor Family of Applications. In: Fredric Gey, Noriko Kando & Jussi Karlgren (eds.): Information Access in a Multilingual World - Proceedings of the SIGIR 2009 Workshop (SIGIR-CLIR'2009), pp. 1-8. Boston, USA. 23 July 2009. Steinberger Ralf, Flavio Fuart, Erik van der Goot, Clive Best, Peter von Etter & Roman Yangarber (2008). Text Mining from the Web for Medical Intelligence. In: Fogelman-Soulié Françoise, Domenico Perrotta, Jakub Piskorski & Ralf Steinberger (eds.): Mining Massive Data Sets for Security. pp. 295-310. IOS Press, Amsterdam, The Netherlands Tanev Hristo & Bernardo Magnini (2008). Weakly supervised approaches for ontology population. In: Paul Buitelaar & Philipp Cimiano (eds.): Ontology learning and population: Bridging the Gap between Text and Knowledge. IOS Press, Amsterdam, The Netherlands. Frontiers in Artificial Intelligence and Applications, Volume 167. Tanev Hristo & Josef Steinberger (2013). Semi-automatic acquisition of lexical resources and grammars for event extraction in Bulgarian and Czech. Proceedings of the 4th Biennial International Workshop on Balto-Slavic Natural Language Processing, held at ACL'2013, pp. 110-118. Tanev Hristo (2007). Unsupervised Learning of Social Networks from a Multiple-Source News Corpus. Proceedings of the Workshop Multi-source Multilingual Information Extraction and Summarization (MMIES'2007) held at RANLP'2007, pp. 33-40. Borovets, Bulgaria, 26 September 2007. Tanev Hristo, Bruno Pouliquen, Vanni Zavarella & Ralf Steinberger (2010). Automatic Expansion of a Social Network Using Sentiment Analysis. In: Nasrullah Memon, Jennifer Jie Xu, David Hicks & Hsinchun Chen (eds). Annals of Information Systems, Volume 12. Special Issue on Data Mining for Social Network Data, pp. 9-29. Springer Science and Business Media (DOI 10.1007/978-1-4419-6287-4_2). Tanev Hristo, Jakub Piskorski & Martin Atkinson (2008). Real-time News Event Extraction for Global Crisis Monitoring. In V. Sugumaran, M. Spiliopoulou, E. Kapetanios (editors) Proceedings of 13th International Conference on Applications of Natural Language to Information Systems (NLDB 2008 ), Lecture Notes in Computer Science, Cool. 5039, 24-27 June, London, UK. Tanev Hristo, Maud Ehrmann, Jakub Piskorski & Vanni Zavarella (2012). Enhancing Event Descriptions through Twitter Mining. In: AAAI Publications, Sixth International AAAI Conference on Weblogs and Social Media, pp 587-590. Dublin, June 2012. Tanev Hristo, Vanni Zavarella, Jens Linge, Mijail Kabadjov, Jakub Piskorski, Martin Atkinson & Ralf Steinberger (2009). Exploiting Machine Learning Techniques to Build an Event Extraction System for Portuguese and Spanish. In: linguaMÁTICA Journal:2, pp. 55-66. Available at: . Turchi Marco, Martin Atkinson, Alastair Wilcox, Brett Crawley, Stefano Bucci, Ralf Steinberger & Erik van der Goot (2012). ONTS: "OPTIMA" News Translation System. Proceedings of the 13th Conference of the European Chapter of the Association for Computational Linguistics (EACL), pp. 25–30, Avignon, France, April 23 - 27 2012. Van der Goot Erik, Hristo Tanev & Jens Linge (2013). Combining twitter and media reports on public health events in MedISys. Proceedings of the 22nd international conference on World Wide Web companion, pp. 703-718. International World Wide Web Conferences Steering Committee, 2013. Zavarella Vanni, Hristo Tanev, Jens Linge, Jakub Piskorski, Martin Atkinson & Ralf Steinberger (2010). Exploiting Multilingual Grammars and Machine Learning Techniques to Build an Event Extraction System for Portuguese. In: Proceedings of the International Conference on Computational Processing of Portuguese Language (PROPOR'2010), Porto Alegre, Brazil, 27-30 April 2010. Springer Lecture Notes for Artificial Intelligence, Vol. 6001, pp. 21-24. Springer. Observing Trends in Automated Multilingual Media Analysis Authors: Ralf, Aldo, Alexandra, Guillaume, Hristo, Martin, Michele, Yaniv, Erik European Commission – Joint Research Centre (JRC), Ispra (VA), Italy e-mail: [email protected] ( corresponding author )
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Lolathecur's Blog Below are two very important entries from the "Jewish Encyclopedia". Read them VERY CLOSELY. | VULGATE: Table of Contents Earlier Latin Translations. Jerome's Bible-Revision Work. Jerome's Bible-Translation Work. Jerome's Translation in Later Times. Earlier Latin Translations. Latin version of the Bible authorized by the Council of Trent in 1546 as the Bible of the Roman Catholic Church. It was the product of the work of Jerome, one of the most learned and scholarly of the Church leaders of the early Christian centuries. The earliest Latin version of the Scriptures seems to have originated not in Rome, but in one of Rome's provinces in North Africa. An Old Latin version of the New Testament was extant in North Africa in the second century C.E., and it is thought that a translation of the Old Testament into Latin was made in the same century. Indeed, Tertullian (c. 160-240) seems to have known a Latin Bible. There were at least two early Latin translations, one called the African and the other the European. These, based not on the Hebrew, but on the Greek, are thought to have been made before the text-work of such scholars as Origen, Lucian, and Hesychius, and hence would be valuable for the discovery of the Greek text with which Origen worked. But the remains of these early versions are scanty. Jerome did not translate or revise several books found in the Latin Bible, and consequently the Old Latin versions were put in their places in the later Latin Bible. These Old Latin versions are represented in the books of Esdras, Wisdom, Ecclesiasticus, Baruch, and Maccabees, and in the additions to Daniel and Esther. The Psalter also exists in a revised form, and the books of Job and Esther, of the Old Latin, are found in some ancient manuscripts. Only three other fragmentary manuscripts of the Old Testament in Old Latin are now known to be in existence. Jerome was born of Christian parents about 340-342, at Stridon, in the province of Dalmatia. He received a good education, and carried on his studies at Rome, being especially fascinated by Vergil, Terence, and Cicero. Rhetoric and Greek also claimed part of his attention. At Trier in Gaul he took up theological studies for several years. In 374 he traveled in the Orient. In a severe illness he was so impressed by a dream that he dropped secular studies. But his time had not been lost. He turned his brilliant mind, trained in the best schools of the day, to sacred things. Like Moses and Paul, he retired to a desert, that of Chalcis, near Antioch, where he spent almost five years in profound study of the Scriptures and of himself. At this period he sealed a friendship with Pope Damasus, who later opened the door to him for the great work of his life. In 379 Jerome was ordained presbyter at Antioch. Thence he went to Constantinople, where he was inspired by the expositions of Gregory Nazianzen. In 382 he reached Rome, where he lived about three years in close friendship with Damasus. Jerome's Bible-Revision Work. For a long time the Church had felt the need of a good, uniform Latin Bible. Pope Damasus at first asked his learned friend Jerome to prepare a revised Latin version of the New Testament. In 383 the Four Gospels appeared in a revised form, and at short intervals thereafter the Acts and the remaining books of the New Testament. These latter were very slightly altered by Jerome. Soon afterward he revised the Old Latin Psalter simply by the use of the Septuagint. The name given this revision was the "Roman Psalter," in distinction from the "Psalterium Vetus." The former was used in Rome and Italy down to Pius V. (1566-72), when it was displaced by the "Gallican Psalter" (so called because first adopted in Gaul), another of Jerome's revisions (made about 387), based on many corrections of the Greek text by reference to other Greek versions. About theend of 384 Pope Damasus died, and Jerome left Rome to travel and study in Bible lands. In 389 he settled at Bethlehem, assumed charge of a monastery, and prosecuted his studies with great zeal. He secured a learned Jew to teach him Hebrew for still better work than that he had been doing. His revision work had not yet ceased, for his Book of Job appeared as the result of the same kind of study as had produced the "Gallican Psalter." He revised some other books, as Proverbs, Ecclesiastes, Song of Songs, and Chronicles, of which his revisions are lost, though their prefaces still exist. Jerome's Bible-Translation Work. But Jerome soon recognized the poor and unsatisfactory state of the Greek texts that he was obliged to use. This turned his mind and thought to the original Hebrew. Friends, too, urged him to translate certain books from the original text. As a resultant of long thought, and in answer to many requests, Jerome spent fifteen years, 390 to 405, on a new translation of the Old Testament from the original Hebrew text. He began with the books of Samuel and Kings, for which he wrote a remarkable preface, really an introduction to the entire Old Testament. He next translated the Psalms, and then the Prophets and Job. In 394-396 he prepared a translation of Esdras and Chronicles. After an interval of two years, during which he passed through a severe illness, he took up his arduous labors, and produced translations of Proverbs, Ecclesiastes, and Song of Songs. The Pentateuch followed next, and the last canonical books, Joshua, Judges, Ruth, and Esther, were completed by 404. The Apocryphal parts of Daniel and Esther, and Tobit and Judith, all translated from the Aramaic, completed Jerome's great task. The remainder of the Apocryphal books he left without revision or translation, as they were not found in the Hebrew Bible. Jerome's Translation in Later Times. Jerome happily has left prefaces to most of his translations, and these documents relate how he did his work and how some of the earlier books were received. Evidently he was bitterly criticized by some of his former best friends. His replies show that he was supersensitive to criticism, and often hot-tempered and stormy. His irritability and his sharp retorts to his critics rather retarded than aided the reception of his translation. But the superiority of the translation gradually won the day for most of his work. The Council of Trent in 1546 authorized the Latin Bible, which was by that time a strange composite. The Old Testament was Jerome's translation from the Hebrew, except the Psalter, which was his Gallican revision; of the Apocryphal books, Judith and Tobit were his translations, while the remainder were of the Old Latin version. The New Testament was Jerome's revision of the Old Latin translation. These translations and revisions of translations, and old original translations, constitute the Vulgate. See also Jerome. Bibliography: Grützmacher, Hieronymus: eine Bibliographische Studie, vol. i., Leipsic, 1901; S. Berger, Histoire de la Vulgate Pendant les Premières Siècles du Moyen Age, Paris, 1893; H. J. White, Codex Amiatinus and Its Birth-place, in Studia Biblica et Ecclesiastica, vol. ii., Oxford, 1890; E. Nestle, Ein Jubiläum der Lateinischen Bibel, Tübingen, 1892; E. von Dobschütz, Studien zur Textkritik der Vulgata, Leipsic, 1894; Hastings, Dict. Bible. See fuller bibliography in S. Berger's work, mentioned above.JEROME (EUSEBIUS HIERONYMUS SOPHRONIUS): Table of Contents His Teachers. His Knowledge of Hebrew. Exegesis. Use of Noṭariḳon. Traditions. Church father; next to Origen, who wrote in Greek, the most learned student of the Bible among the Latin ecclesiastical writers, and, previous to modern times, the only Christian scholar able to study the Hebrew Bible in the original. The dates of his birth and death are not definitely known; but he is generally assumed to have lived from 337 to 420. Born in Stridon, Dalmatia, he went as a youth to Rome, where he attended a school of grammar and rhetoric. He then traveled in Gaul and Italy, and in 373 went to Antioch, where he became the pupil of Apollinaris of Laodicea, the representative of the exegetical school of Antioch; subsequently, however, Jerome did not accept the purely historical exegesis of this school, but adopted more nearly the typic-allegoric method of Origen. From Antioch he went to Chalcis in the Syrian desert, where he led the strictly ascetic life of a hermit, in atonement for the sins of his youth. Here to facilitate his intercourse with the people, he was obliged to learn Syriac; and this language doubtless aided him later in his Hebrew studies ("Epistolæ," xvii. 2; yet comp. ib. lxxviii. and comm. on Jer. ii. 18). Here also he began with great labor to study Hebrew, with the aid of a baptized Jew (ib. cxxv. 12), and it may be he of whom he says (ib. xviii. 10) that he was regarded by Jewish scholars as a Chaldean and as a master of the interpretation of Scripture (ib. cxxv. 12). On a second visit to Antioch Jerome was ordained a priest. He then went to Constantinople, and thence to Rome, where he undertook literary work for Pope Damasus, beginning at the same time his own Biblical works (c. 383). He finally settled at Bethlehem in Palestine (c. 385), founding a monastery there which he directed down to his death. This outline of Jerome's life indicates that he was a master of Latin and Greek learning, and by studying furthermore Syriac and Hebrew united in his person the culture of the East and of the West. His Teachers. It was in Bethlehem that he devoted himself most seriously to Hebrew studies. Here he had as teachers several Jews, one of whom taught him reading ("Hebræus autem qui nos in veteris instrumenti lectione erudivit"; comm. on Isa. xxii. 17); the peculiar pronunciation of Hebrew often found in Jerome's works was probably therefore derived from this Jew. Jerome was not satisfied to study with any one Jew, but applied to several, choosing always the most learned (preface to Hosea: "diceremque . . . quid ab Hebræorum magistris vix uno et altero acceperim"; "Epistolæ," lxxiii. 9 [i. 443]: "hæc ab eruditissimis gentis illius didicimus"). With similar words Jerome is always attempting to inspire confidence in his exegesis; but they must not be taken too literally, as he was wont to boast of his scholarship. However, he was doubtless in a position to obtain the opinions of several Jews; for he often refers to "quidam Hebræorum." He even traveled in the province of Palestine with his Jewish friends, in order to become better acquainted with the scenes of Biblical history (preface to "Paralipomena," i.); one of them was his guide (preface to Nahum). Of only three of his teachers is anything definite known. One, whom he calls "Lyddæus," seems to have taught him only translation and exegesis, while the traditions ("midrash") were derived from another Jew. Lyddæus spoke Greek, with which Jerome was conversant (comm. on Ezek. ix. 3; on Dan. vi. 4). Lyddæus, in interpreting Ecclesiastes, once referred to a midrash which appeared to Jerome absurd (comm. on Eccl. iii. 1); Jerome thought him fluent, but not always sound; this teacher was therefore a haggadist. He was occasionally unwilling to explain the text (ib. v. 1). Jerome was frequently not satisfied with his teacher's exegesis, and disputed with him; and he often says that he merely read the Scriptures with him (comm. on Eccl. iv. 14, v. 3; "Onomastica Sacra," 90, 12). Another teacher is called "Baranina," i.e., "Bar Ḥanina," of Tiberias. He acquainted Jerome with a mass of Hebrew traditions, some of which referred especially to his native place, Tiberias. He came at night only, and sometimes, being afraid to come himself, he sent a certain Nicodemus ("Epistolæ," lxxxiv. 3 [i. 520]). A third teacher, who may be called "Chaldæus," taught Jerome Aramaic, which was necessary for the Old Testament passages and the books of the Apocrypha written in that language. This teacher of Aramaic was very prominent among the Jews, and Jerome, who had great difficulty in learning Aramaic, was very well satisfied with his instruction (prefaces to Tobit and Daniel). Jerome continued to study with Jews during the forty years that he lived in Palestine (comm. on Nahum ii. 1; "a quibus [Judæis] non modico tempore eruditus"). His enemies frequently took him to task for his intercourse with the Jews; but he answered: "How can loyalty to the Church be impaired merely because the reader is informed of the different ways in which a verse is interpreted by the Jews?" ("Contra Rufinum," ii. 476). This sentence characterizes the Jewish exegesis of that time. Jerome's real intention in studying the Hebrew text is shown in the following sentence: "Why should I not be permitted, . . . for the purpose of confuting the Jews, to use those copies of the Bible which they themselves admit to be genuine? Then when the Christians dispute with them, they shall have no excuse" (ib. book iii.; ed. Vallarsi, ii. 554). His Knowledge of Hebrew. Jerome's knowledge of Hebrew is considerable only when compared with that of the other Church Fathers and of the general Christian public of his time. His knowledge was really very defective. Although he pretends to have complete command of Hebrew and proudly calls himself a "trilinguis" (being conversant with Latin, Greek, and Hebrew), he did not, in spite of all his hard work, attain to the proficiency of his simple Jewish teachers. But he did not commit those errors into which the Christians generally fell; as he himself says: "The Jews boast of their knowledge of the Law when they remember the several names which we generally pronounce in a corrupt way because they are barbaric and we do not know their etymology. And if we happen to make a mistake in the accent [the pronunciation of the word as affected by the vowels] and in the length of the syllables, lengthening short ones and shortening long ones, they laugh at our ignorance, especially as shown in aspiration and in some letters pronounced with a rasping of the throat" (comm. on Titus iii. 9). Jerome not only acquired the peculiar hissing pronunciation of the Jews, but he also—so he declares—corrupted his pronunciation of Latin thereby, and ruined his fine Latin style by Hebraisms (preface to book iii., comm. on Galatians; "Epistolæ," xxix. 7; ed. Vallarsi, i. 143). This statement of Jerome's is not to be taken very seriously, however. In his voluminous works Jerome transcribed in Latin letters a mass of Hebrew words, giving thereby more or less exact information on the pronunciation of Hebrew then current. But, although he studied with the Jews, his pronunciation of Hebrew can not therefore be unhesitatingly regarded as that of the Jews, because he was led by the course of his studies, by habit, and by ecclesiastical authority to follow the Septuagint in regard to proper names, and this version had long before this become Christian. Jerome shared the belief of the Hebrews and of most of the Church Fathers that Hebrew was the parent of all the other languages ("Opera," vi. 730b). He sometimes distinguishes Hebrew from Aramaic (preface to Tobit), but sometimes appears to call both Syriac. In reference to Isa. xix. 18 (comm. ad loc.; comp. "Epistolæ," cviii.) he speaks also of the "Canaanitish" language, as being closely related to Hebrew and still spoken in five cities of Egypt, meaning thereby either Aramaic or Syriac. In explaining "yemim" (Gen. xxxvi. 24), he correctly states in regard to the Punic language that it was related to Hebrew ("Quæstiones Hebraicæ in Genesin"). His knowledge of Hebrew appears most clearly in his two important works, that on the Hebrew proper names and that on the situation of the places mentioned in the Bible; in his extensive commentaries on most of the books of the Old Testament; and especially in his chief work, the new Latin translation of the Bible from the Hebrew original (see Vulgate). Through these works he not only became an authority on the Bible during his lifetime, but he remained a leading teacher of Christianity in the following ages, because down to very recent times no one could go direct to the original text as he had done. Jerome's importance was recognized by the Jewish authors of the Middle Ages, and he is frequently cited by David Ḳimḥi; also by Abu al-Walid ("Sefer ha-Shorashim," s.v. and ), Abraham ibn Ezra (on Gen. xxxvii. 35), Samuel b. Meïr (on Ex. xx. 13), Naḥmanides (on Gen. xli. 45), Joseph Albo (iii. 25), and the polemic Isaac Troki (in "Ḥizzuḳ Emunah"). Jerome is also important because he could consult works which have since disappeared, as, for example, Origen's "Hexapla" (he says that he had seen a copy of the Hebrew Ben Sira, but he seems not to have used it); he had Aramaic copies of the Apocryphal books Judith and Tobit; and the so-called Hebrew Gospel, which was written in Hebrew script in the Aramaic language, he translated into Greek and Latin ("Contra Pelagianos," iii. 2; "De Viris Illustribus," ch. ii.; comm. on Matt. xii. 13). Exegesis. Jerome's exegesis is Jewish in spirit, reflecting the methods of the Palestinian haggadists. He expressly states, in certain cases, that he adopts the Jewish opinion, especially when he controverts Christian opponents and errors (comm. on Joel iv. 11: "nobis autem Hebræorum opinionem sequentibus"); he reproduces the Jewish exegesis both in letter (comm. on Amos v. 18-19) and in substance (παραφραστικῶς; comm. on Dan. ix. 24). Hence he presents Jewish exegesis from the purely Jewish point of view. Even the language of the Haggadah appears in his commentaries, e.g., where the explanation is given in the form of question and answer (comm. on Dan. ii. 12: quærunt Hebræi"); or when he says, in explaining, "This it is that is said" ("Hoc est quod dicitur"; comp. ); or when several opinions are cited on the same subject ("alii Judæorum"); or when a disputation is added thereto ("Epistola xix. ad Hedibiam," i. 55). He even uses technical phrases, such as "The wise men teach" ("Epistolæ," cxxi.) or "One may read" (comm. on Nahum. iii. 8). This kind of haggadic exegesis, which is merely intended to introduce a homiletic remark, leads Jerome to accuse the Jews unjustly of being arbitrary in their interpretation of the Bible text. But he did not believe that the Jews corrupted the text, as Christians frequently accused them of doing. While at Rome he obtained from a Jew a synagogue-roll ("Epistolæ," xxxvi. 1) because he considered the Hebrew text as the only correct one, as the "Hebraica veritas," which from this time on he regarded as authoritative in all exegetical disputes. Jerome hereby laid down the law for Bible exegesis. Of course he recognized also some of the faults of Jewish exegesis, as, for example, the forced combination of unconnected verses (comm. on Isa. xliv. 15: "stulta contentione"); he sometimes regards his teacher's interpretation to be arbitrary, and opposes to it his own (ib. xlix. 1). Contrary to the haggadic interpretation of the Jews, he correctly notices a difference between "Hananeel" (Jer. xxxi. 38; see comm. ad loc.) and "Hanameel" (ib. xxxii. 7). Jerome rarely employs simple historical exegesis, but, like all his contemporaries, wanders in the mazes of symbolic, allegoric, and even mystic exegesis. In his commentary on Joel i. 4 he adopts the Jewish interpretation, according to which the four kinds of locusts mean the four empires; Zech. iv. 2, in which the lamp means the Law, its flame the Messiah, and its seven branches the seven gifts of the Holy Spirit, he interprets entirely mystically. Use of Noṭariḳon. In his commentary on Eccl. i. 9 he even teaches the preexistence of all beings, including man. He frequently uses the NoṬariḳon, e.g., in reference to Zerubbabel (comm. on Hag. i. 1) or to Abishag ("Epistolæ," lii. [i. 210]). Jerome's exegesis came in some respects like a revelation to the Christian world, and cleared up difficulties in reading the Bible; e.g., his explanation of the Hebrew alphabet ("Epistola xxx. ad Paulam," i. 144) or that of the ten names of God ("Epistola xxv. ad Marcellam," i. 128). It must always be remembered that in many portions of his allegorical exegesis Jerome is entirely in agreement with Hellenistic methods; for instance, in the explanation of the four colors in the sanctuary of the desert ("Epistola lxiv. ad Fabiolam," i. 364; comp. Philo, "De Monarchia," § 2; Josephus, "B. J." v. 4, § 4; idem, "Ant." iii. 7, § 7). Jerome's commentaries are of small value for Old Testament criticism, on account of the inclination to allegorize which leads him to a free treatment of the text, as well as on account of his polemics against Judaism (comp. Jew. Encyc. iv. 81, s.v. Church Fathers). Traditions. Jerome's works are especially important for Judaism because of the numerous Jewish traditions found in them, particularly in his work "Quæstiones Hebraicæ in Genesin." Jerome designates by the general name "tradition" all supplementary and edifying stories found in the Midrash and relating to the personages and events of the Bible; these stories may fitly be designated as historic haggadah. Here also Jerome affirms that he faithfully reproduces what the Jews have told him (comm. on Amos iv. 16: "hoc Hebræi autumant et sicut nobis ab ipsis traditum est, nostris fideliter exposuimus"). He designates the Jewish legend of Isaiah's martyrdom as an authentic tradition (comm. on Isa. lvii. 1: "apud cos certissima traditio"), while he doubts the story of Jeremiah's crucifixion because there is no reference to it in Scripture (comm. on Jer. xi. 18). Jerome often remarks that a certain story is not found in Scripture, but only in tradition (comm. on Isa. xxii. 15), and that these traditions originated with the "magistri," i.e., the Rabbis (comm. on Ezek. xlv. 10); that these "fables" are incorporated into the text on the strength of one word (comm. on Dan. vi. 4); and that many authors are cited to confirm this tradition. All these remarks exactly characterize the nature of the Haggadah. Jerome apparently likes these traditions, though they sometimes displease him, and then he contemptuously designates them as "fabulæ" or "Jewish fables," "ridiculous fables" (comm. on Ezek. xxv. 8), "ridiculous things" (on Eccl. iii. 1), or "cunning inventions" (on Zech. v. 7). Jerome's opinion of these traditions is immaterial at the present time. The important point is that he quotes them; for thereby the well-known traditions of the Midrash are obtained in Latin form, and in this form they are sometimes more concise and comprehensible—in any case they are more interesting. Moreover, many traditions that appear from the sources in which they are found to be of a late date are thus proved to be of earlier origin. Jerome also recounts traditions that are no longer found in canonical Jewish sources, as well as some that have been preserved in the Jewish and Christian Apocrypha. It is, furthermore, interesting to note that Jerome had read some of these traditions; hence they had been committed to writing in his time. Although other Church Fathers quote Jewish traditions none equal Jerome in the number and faithfulness of their quotations. This Midrash treasure has unfortunately not yet been fully examined; scholars have only recently begun to investigate this field. Nor have Jerome's works been properly studied as yet in reference to the valuable material they contain on the political status of the Jews of Palestine, their social life, their organization, their religiousviews, their Messianic hopes, and their relations to Christians. Jerome was no friend to the Jews, although he owed them much; he often rebukes them for their errors; reproaches them for being stiff-necked and inimical to the Christians; controverts their views in the strongest terms; curses and reviles them; takes pleasure in their misfortune; and even uses against them both the books that he has cunningly obtained from them and the knowledge he has derived therefrom. Thus Jews and Christians agree that he is eminent only for his scholarship, and not for his character. See Church Fathers. Bibliography: O. Zöckler, Hieronymus, Sein Leben und Sein Wirken, Gotha, 1865; A. Thierry, St. Jérôme, Paris, 1867, 1875; Grützmacher, Hieronymus, part i., Leipsic, 1901; Nowack, Die Bedeutung des Hieronymus für die A. T. Textkritik, 1875, pp. 6-10; S. Krauss, in Magyar Zsidó Szémle, 1890, vii., passim; idem, in J. Q. R. vi. 225-261; M. Rahmer, Die Hebräischen Traditionen in den Werken des Hieronymus, i., Breslau, 1861; ii., Berlin, 1898; idem, in Ben Chananja, vii.; idem, in Monatsschrift, 1865, 1866, 1867, 1868; idem, in Grätz Jubelschrift; Siegfried, Die Aussprache des Hebräischen bei Hieronymus, in Stade's Zeitschrift, iv. 34-82; Spanier, Exegetische Beiträge, zu Hieronymus, Bern, 1897; W. Bacher, Eine Angebliche Lücke im Hebräischen Wissen des Hieronymus, in Stade's Zeitschrift, xxii. 114-116. VULGATE: Table of Contents Earlier Latin Translations. Jerome's Bible-Revision Work. Jerome's Bible-Translation Work. Jerome's Translation in Later Times. Earlier Latin Translations. Latin version of the Bible authorized by the Council of Trent in 1546 as the Bible of the Roman Catholic Church. It was the product of the work of Jerome, one of the most learned and scholarly of the Church leaders of the early Christian centuries. The earliest Latin version of the Scriptures seems to have originated not in Rome, but in one of Rome's provinces in North Africa. An Old Latin version of the New Testament was extant in North Africa in the second century C.E., and it is thought that a translation of the Old Testament into Latin was made in the same century. Indeed, Tertullian (c. 160-240) seems to have known a Latin Bible. There were at least two early Latin translations, one called the African and the other the European. These, based not on the Hebrew, but on the Greek, are thought to have been made before the text-work of such scholars as Origen, Lucian, and Hesychius, and hence would be valuable for the discovery of the Greek text with which Origen worked. But the remains of these early versions are scanty. Jerome did not translate or revise several books found in the Latin Bible, and consequently the Old Latin versions were put in their places in the later Latin Bible. These Old Latin versions are represented in the books of Esdras, Wisdom, Ecclesiasticus, Baruch, and Maccabees, and in the additions to Daniel and Esther. The Psalter also exists in a revised form, and the books of Job and Esther, of the Old Latin, are found in some ancient manuscripts. Only three other fragmentary manuscripts of the Old Testament in Old Latin are now known to be in existence. Jerome was born of Christian parents about 340-342, at Stridon, in the province of Dalmatia. He received a good education, and carried on his studies at Rome, being especially fascinated by Vergil, Terence, and Cicero. Rhetoric and Greek also claimed part of his attention. At Trier in Gaul he took up theological studies for several years. In 374 he traveled in the Orient. In a severe illness he was so impressed by a dream that he dropped secular studies. But his time had not been lost. He turned his brilliant mind, trained in the best schools of the day, to sacred things. Like Moses and Paul, he retired to a desert, that of Chalcis, near Antioch, where he spent almost five years in profound study of the Scriptures and of himself. At this period he sealed a friendship with Pope Damasus, who later opened the door to him for the great work of his life. In 379 Jerome was ordained presbyter at Antioch. Thence he went to Constantinople, where he was inspired by the expositions of Gregory Nazianzen. In 382 he reached Rome, where he lived about three years in close friendship with Damasus. Jerome's Bible-Revision Work. For a long time the Church had felt the need of a good, uniform Latin Bible. Pope Damasus at first asked his learned friend Jerome to prepare a revised Latin version of the New Testament. In 383 the Four Gospels appeared in a revised form, and at short intervals thereafter the Acts and the remaining books of the New Testament. These latter were very slightly altered by Jerome. Soon afterward he revised the Old Latin Psalter simply by the use of the Septuagint. The name given this revision was the "Roman Psalter," in distinction from the "Psalterium Vetus." The former was used in Rome and Italy down to Pius V. (1566-72), when it was displaced by the "Gallican Psalter" (so called because first adopted in Gaul), another of Jerome's revisions (made about 387), based on many corrections of the Greek text by reference to other Greek versions. About theend of 384 Pope Damasus died, and Jerome left Rome to travel and study in Bible lands. In 389 he settled at Bethlehem, assumed charge of a monastery, and prosecuted his studies with great zeal. He secured a learned Jew to teach him Hebrew for still better work than that he had been doing. His revision work had not yet ceased, for his Book of Job appeared as the result of the same kind of study as had produced the "Gallican Psalter." He revised some other books, as Proverbs, Ecclesiastes, Song of Songs, and Chronicles, of which his revisions are lost, though their prefaces still exist. Jerome's Bible-Translation Work. But Jerome soon recognized the poor and unsatisfactory state of the Greek texts that he was obliged to use. This turned his mind and thought to the original Hebrew. Friends, too, urged him to translate certain books from the original text. As a resultant of long thought, and in answer to many requests, Jerome spent fifteen years, 390 to 405, on a new translation of the Old Testament from the original Hebrew text. He began with the books of Samuel and Kings, for which he wrote a remarkable preface, really an introduction to the entire Old Testament. He next translated the Psalms, and then the Prophets and Job. In 394-396 he prepared a translation of Esdras and Chronicles. After an interval of two years, during which he passed through a severe illness, he took up his arduous labors, and produced translations of Proverbs, Ecclesiastes, and Song of Songs. The Pentateuch followed next, and the last canonical books, Joshua, Judges, Ruth, and Esther, were completed by 404. The Apocryphal parts of Daniel and Esther, and Tobit and Judith, all translated from the Aramaic, completed Jerome's great task. The remainder of the Apocryphal books he left without revision or translation, as they were not found in the Hebrew Bible. Jerome's Translation in Later Times. Jerome happily has left prefaces to most of his translations, and these documents relate how he did his work and how some of the earlier books were received. Evidently he was bitterly criticized by some of his former best friends. His replies show that he was supersensitive to criticism, and often hot-tempered and stormy. His irritability and his sharp retorts to his critics rather retarded than aided the reception of his translation. But the superiority of the translation gradually won the day for most of his work. The Council of Trent in 1546 authorized the Latin Bible, which was by that time a strange composite. The Old Testament was Jerome's translation from the Hebrew, except the Psalter, which was his Gallican revision; of the Apocryphal books, Judith and Tobit were his translations, while the remainder were of the Old Latin version. The New Testament was Jerome's revision of the Old Latin translation. These translations and revisions of translations, and old original translations, constitute the Vulgate. See also Jerome. Bibliography: Grützmacher, Hieronymus: eine Bibliographische Studie, vol. i., Leipsic, 1901; S. Berger, Histoire de la Vulgate Pendant les Premières Siècles du Moyen Age, Paris, 1893; H. J. White, Codex Amiatinus and Its Birth-place, in Studia Biblica et Ecclesiastica, vol. ii., Oxford, 1890; E. Nestle, Ein Jubiläum der Lateinischen Bibel, Tübingen, 1892; E. von Dobschütz, Studien zur Textkritik der Vulgata, Leipsic, 1894; Hastings, Dict. Bible. See fuller bibliography in S. Berger's work, mentioned above.JEROME (EUSEBIUS HIERONYMUS SOPHRONIUS): Table of Contents His Teachers. His Knowledge of Hebrew. Exegesis. Use of Noṭariḳon. Traditions. Church father; next to Origen, who wrote in Greek, the most learned student of the Bible among the Latin ecclesiastical writers, and, previous to modern times, the only Christian scholar able to study the Hebrew Bible in the original. The dates of his birth and death are not definitely known; but he is generally assumed to have lived from 337 to 420. Born in Stridon, Dalmatia, he went as a youth to Rome, where he attended a school of grammar and rhetoric. He then traveled in Gaul and Italy, and in 373 went to Antioch, where he became the pupil of Apollinaris of Laodicea, the representative of the exegetical school of Antioch; subsequently, however, Jerome did not accept the purely historical exegesis of this school, but adopted more nearly the typic-allegoric method of Origen. From Antioch he went to Chalcis in the Syrian desert, where he led the strictly ascetic life of a hermit, in atonement for the sins of his youth. Here to facilitate his intercourse with the people, he was obliged to learn Syriac; and this language doubtless aided him later in his Hebrew studies ("Epistolæ," xvii. 2; yet comp. ib. lxxviii. and comm. on Jer. ii. 18). Here also he began with great labor to study Hebrew, with the aid of a baptized Jew (ib. cxxv. 12), and it may be he of whom he says (ib. xviii. 10) that he was regarded by Jewish scholars as a Chaldean and as a master of the interpretation of Scripture (ib. cxxv. 12). On a second visit to Antioch Jerome was ordained a priest. He then went to Constantinople, and thence to Rome, where he undertook literary work for Pope Damasus, beginning at the same time his own Biblical works (c. 383). He finally settled at Bethlehem in Palestine (c. 385), founding a monastery there which he directed down to his death. This outline of Jerome's life indicates that he was a master of Latin and Greek learning, and by studying furthermore Syriac and Hebrew united in his person the culture of the East and of the West. His Teachers. It was in Bethlehem that he devoted himself most seriously to Hebrew studies. Here he had as teachers several Jews, one of whom taught him reading ("Hebræus autem qui nos in veteris instrumenti lectione erudivit"; comm. on Isa. xxii. 17); the peculiar pronunciation of Hebrew often found in Jerome's works was probably therefore derived from this Jew. Jerome was not satisfied to study with any one Jew, but applied to several, choosing always the most learned (preface to Hosea: "diceremque . . . quid ab Hebræorum magistris vix uno et altero acceperim"; "Epistolæ," lxxiii. 9 [i. 443]: "hæc ab eruditissimis gentis illius didicimus"). With similar words Jerome is always attempting to inspire confidence in his exegesis; but they must not be taken too literally, as he was wont to boast of his scholarship. However, he was doubtless in a position to obtain the opinions of several Jews; for he often refers to "quidam Hebræorum." He even traveled in the province of Palestine with his Jewish friends, in order to become better acquainted with the scenes of Biblical history (preface to "Paralipomena," i.); one of them was his guide (preface to Nahum). Of only three of his teachers is anything definite known. One, whom he calls "Lyddæus," seems to have taught him only translation and exegesis, while the traditions ("midrash") were derived from another Jew. Lyddæus spoke Greek, with which Jerome was conversant (comm. on Ezek. ix. 3; on Dan. vi. 4). Lyddæus, in interpreting Ecclesiastes, once referred to a midrash which appeared to Jerome absurd (comm. on Eccl. iii. 1); Jerome thought him fluent, but not always sound; this teacher was therefore a haggadist. He was occasionally unwilling to explain the text (ib. v. 1). Jerome was frequently not satisfied with his teacher's exegesis, and disputed with him; and he often says that he merely read the Scriptures with him (comm. on Eccl. iv. 14, v. 3; "Onomastica Sacra," 90, 12). Another teacher is called "Baranina," i.e., "Bar Ḥanina," of Tiberias. He acquainted Jerome with a mass of Hebrew traditions, some of which referred especially to his native place, Tiberias. He came at night only, and sometimes, being afraid to come himself, he sent a certain Nicodemus ("Epistolæ," lxxxiv. 3 [i. 520]). A third teacher, who may be called "Chaldæus," taught Jerome Aramaic, which was necessary for the Old Testament passages and the books of the Apocrypha written in that language. This teacher of Aramaic was very prominent among the Jews, and Jerome, who had great difficulty in learning Aramaic, was very well satisfied with his instruction (prefaces to Tobit and Daniel). Jerome continued to study with Jews during the forty years that he lived in Palestine (comm. on Nahum ii. 1; "a quibus [Judæis] non modico tempore eruditus"). His enemies frequently took him to task for his intercourse with the Jews; but he answered: "How can loyalty to the Church be impaired merely because the reader is informed of the different ways in which a verse is interpreted by the Jews?" ("Contra Rufinum," ii. 476). This sentence characterizes the Jewish exegesis of that time. Jerome's real intention in studying the Hebrew text is shown in the following sentence: "Why should I not be permitted, . . . for the purpose of confuting the Jews, to use those copies of the Bible which they themselves admit to be genuine? Then when the Christians dispute with them, they shall have no excuse" (ib. book iii.; ed. Vallarsi, ii. 554). His Knowledge of Hebrew. Jerome's knowledge of Hebrew is considerable only when compared with that of the other Church Fathers and of the general Christian public of his time. His knowledge was really very defective. Although he pretends to have complete command of Hebrew and proudly calls himself a "trilinguis" (being conversant with Latin, Greek, and Hebrew), he did not, in spite of all his hard work, attain to the proficiency of his simple Jewish teachers. But he did not commit those errors into which the Christians generally fell; as he himself says: "The Jews boast of their knowledge of the Law when they remember the several names which we generally pronounce in a corrupt way because they are barbaric and we do not know their etymology. And if we happen to make a mistake in the accent [the pronunciation of the word as affected by the vowels] and in the length of the syllables, lengthening short ones and shortening long ones, they laugh at our ignorance, especially as shown in aspiration and in some letters pronounced with a rasping of the throat" (comm. on Titus iii. 9). Jerome not only acquired the peculiar hissing pronunciation of the Jews, but he also—so he declares—corrupted his pronunciation of Latin thereby, and ruined his fine Latin style by Hebraisms (preface to book iii., comm. on Galatians; "Epistolæ," xxix. 7; ed. Vallarsi, i. 143). This statement of Jerome's is not to be taken very seriously, however. In his voluminous works Jerome transcribed in Latin letters a mass of Hebrew words, giving thereby more or less exact information on the pronunciation of Hebrew then current. But, although he studied with the Jews, his pronunciation of Hebrew can not therefore be unhesitatingly regarded as that of the Jews, because he was led by the course of his studies, by habit, and by ecclesiastical authority to follow the Septuagint in regard to proper names, and this version had long before this become Christian. Jerome shared the belief of the Hebrews and of most of the Church Fathers that Hebrew was the parent of all the other languages ("Opera," vi. 730b). He sometimes distinguishes Hebrew from Aramaic (preface to Tobit), but sometimes appears to call both Syriac. In reference to Isa. xix. 18 (comm. ad loc.; comp. "Epistolæ," cviii.) he speaks also of the "Canaanitish" language, as being closely related to Hebrew and still spoken in five cities of Egypt, meaning thereby either Aramaic or Syriac. In explaining "yemim" (Gen. xxxvi. 24), he correctly states in regard to the Punic language that it was related to Hebrew ("Quæstiones Hebraicæ in Genesin"). His knowledge of Hebrew appears most clearly in his two important works, that on the Hebrew proper names and that on the situation of the places mentioned in the Bible; in his extensive commentaries on most of the books of the Old Testament; and especially in his chief work, the new Latin translation of the Bible from the Hebrew original (see Vulgate). Through these works he not only became an authority on the Bible during his lifetime, but he remained a leading teacher of Christianity in the following ages, because down to very recent times no one could go direct to the original text as he had done. Jerome's importance was recognized by the Jewish authors of the Middle Ages, and he is frequently cited by David Ḳimḥi; also by Abu al-Walid ("Sefer ha-Shorashim," s.v. and ), Abraham ibn Ezra (on Gen. xxxvii. 35), Samuel b. Meïr (on Ex. xx. 13), Naḥmanides (on Gen. xli. 45), Joseph Albo (iii. 25), and the polemic Isaac Troki (in "Ḥizzuḳ Emunah"). Jerome is also important because he could consult works which have since disappeared, as, for example, Origen's "Hexapla" (he says that he had seen a copy of the Hebrew Ben Sira, but he seems not to have used it); he had Aramaic copies of the Apocryphal books Judith and Tobit; and the so-called Hebrew Gospel, which was written in Hebrew script in the Aramaic language, he translated into Greek and Latin ("Contra Pelagianos," iii. 2; "De Viris Illustribus," ch. ii.; comm. on Matt. xii. 13). Exegesis. Jerome's exegesis is Jewish in spirit, reflecting the methods of the Palestinian haggadists. He expressly states, in certain cases, that he adopts the Jewish opinion, especially when he controverts Christian opponents and errors (comm. on Joel iv. 11: "nobis autem Hebræorum opinionem sequentibus"); he reproduces the Jewish exegesis both in letter (comm. on Amos v. 18-19) and in substance (παραφραστικῶς; comm. on Dan. ix. 24). Hence he presents Jewish exegesis from the purely Jewish point of view. Even the language of the Haggadah appears in his commentaries, e.g., where the explanation is given in the form of question and answer (comm. on Dan. ii. 12: quærunt Hebræi"); or when he says, in explaining, "This it is that is said" ("Hoc est quod dicitur"; comp. ); or when several opinions are cited on the same subject ("alii Judæorum"); or when a disputation is added thereto ("Epistola xix. ad Hedibiam," i. 55). He even uses technical phrases, such as "The wise men teach" ("Epistolæ," cxxi.) or "One may read" (comm. on Nahum. iii. 8). This kind of haggadic exegesis, which is merely intended to introduce a homiletic remark, leads Jerome to accuse the Jews unjustly of being arbitrary in their interpretation of the Bible text. But he did not believe that the Jews corrupted the text, as Christians frequently accused them of doing. While at Rome he obtained from a Jew a synagogue-roll ("Epistolæ," xxxvi. 1) because he considered the Hebrew text as the only correct one, as the "Hebraica veritas," which from this time on he regarded as authoritative in all exegetical disputes. Jerome hereby laid down the law for Bible exegesis. Of course he recognized also some of the faults of Jewish exegesis, as, for example, the forced combination of unconnected verses (comm. on Isa. xliv. 15: "stulta contentione"); he sometimes regards his teacher's interpretation to be arbitrary, and opposes to it his own (ib. xlix. 1). Contrary to the haggadic interpretation of the Jews, he correctly notices a difference between "Hananeel" (Jer. xxxi. 38; see comm. ad loc.) and "Hanameel" (ib. xxxii. 7). Jerome rarely employs simple historical exegesis, but, like all his contemporaries, wanders in the mazes of symbolic, allegoric, and even mystic exegesis. In his commentary on Joel i. 4 he adopts the Jewish interpretation, according to which the four kinds of locusts mean the four empires; Zech. iv. 2, in which the lamp means the Law, its flame the Messiah, and its seven branches the seven gifts of the Holy Spirit, he interprets entirely mystically. Use of Noṭariḳon. In his commentary on Eccl. i. 9 he even teaches the preexistence of all beings, including man. He frequently uses the NoṬariḳon, e.g., in reference to Zerubbabel (comm. on Hag. i. 1) or to Abishag ("Epistolæ," lii. [i. 210]). Jerome's exegesis came in some respects like a revelation to the Christian world, and cleared up difficulties in reading the Bible; e.g., his explanation of the Hebrew alphabet ("Epistola xxx. ad Paulam," i. 144) or that of the ten names of God ("Epistola xxv. ad Marcellam," i. 128). It must always be remembered that in many portions of his allegorical exegesis Jerome is entirely in agreement with Hellenistic methods; for instance, in the explanation of the four colors in the sanctuary of the desert ("Epistola lxiv. ad Fabiolam," i. 364; comp. Philo, "De Monarchia," § 2; Josephus, "B. J." v. 4, § 4; idem, "Ant." iii. 7, § 7). Jerome's commentaries are of small value for Old Testament criticism, on account of the inclination to allegorize which leads him to a free treatment of the text, as well as on account of his polemics against Judaism (comp. Jew. Encyc. iv. 81, s.v. Church Fathers). Traditions. Jerome's works are especially important for Judaism because of the numerous Jewish traditions found in them, particularly in his work "Quæstiones Hebraicæ in Genesin." Jerome designates by the general name "tradition" all supplementary and edifying stories found in the Midrash and relating to the personages and events of the Bible; these stories may fitly be designated as historic haggadah. Here also Jerome affirms that he faithfully reproduces what the Jews have told him (comm. on Amos iv. 16: "hoc Hebræi autumant et sicut nobis ab ipsis traditum est, nostris fideliter exposuimus"). He designates the Jewish legend of Isaiah's martyrdom as an authentic tradition (comm. on Isa. lvii. 1: "apud cos certissima traditio"), while he doubts the story of Jeremiah's crucifixion because there is no reference to it in Scripture (comm. on Jer. xi. 18). Jerome often remarks that a certain story is not found in Scripture, but only in tradition (comm. on Isa. xxii. 15), and that these traditions originated with the "magistri," i.e., the Rabbis (comm. on Ezek. xlv. 10); that these "fables" are incorporated into the text on the strength of one word (comm. on Dan. vi. 4); and that many authors are cited to confirm this tradition. All these remarks exactly characterize the nature of the Haggadah. Jerome apparently likes these traditions, though they sometimes displease him, and then he contemptuously designates them as "fabulæ" or "Jewish fables," "ridiculous fables" (comm. on Ezek. xxv. 8), "ridiculous things" (on Eccl. iii. 1), or "cunning inventions" (on Zech. v. 7). Jerome's opinion of these traditions is immaterial at the present time. The important point is that he quotes them; for thereby the well-known traditions of the Midrash are obtained in Latin form, and in this form they are sometimes more concise and comprehensible—in any case they are more interesting. Moreover, many traditions that appear from the sources in which they are found to be of a late date are thus proved to be of earlier origin. Jerome also recounts traditions that are no longer found in canonical Jewish sources, as well as some that have been preserved in the Jewish and Christian Apocrypha. It is, furthermore, interesting to note that Jerome had read some of these traditions; hence they had been committed to writing in his time. Although other Church Fathers quote Jewish traditions none equal Jerome in the number and faithfulness of their quotations. This Midrash treasure has unfortunately not yet been fully examined; scholars have only recently begun to investigate this field. Nor have Jerome's works been properly studied as yet in reference to the valuable material they contain on the political status of the Jews of Palestine, their social life, their organization, their religiousviews, their Messianic hopes, and their relations to Christians. Jerome was no friend to the Jews, although he owed them much; he often rebukes them for their errors; reproaches them for being stiff-necked and inimical to the Christians; controverts their views in the strongest terms; curses and reviles them; takes pleasure in their misfortune; and even uses against them both the books that he has cunningly obtained from them and the knowledge he has derived therefrom. Thus Jews and Christians agree that he is eminent only for his scholarship, and not for his character. See Church Fathers. Bibliography: O. Zöckler, Hieronymus, Sein Leben und Sein Wirken, Gotha, 1865; A. Thierry, St. Jérôme, Paris, 1867, 1875; Grützmacher, Hieronymus, part i., Leipsic, 1901; Nowack, Die Bedeutung des Hieronymus für die A. T. Textkritik, 1875, pp. 6-10; S. Krauss, in Magyar Zsidó Szémle, 1890, vii., passim; idem, in J. Q. R. vi. 225-261; M. Rahmer, Die Hebräischen Traditionen in den Werken des Hieronymus, i., Breslau, 1861; ii., Berlin, 1898; idem, in Ben Chananja, vii.; idem, in Monatsschrift, 1865, 1866, 1867, 1868; idem, in Grätz Jubelschrift; Siegfried, Die Aussprache des Hebräischen bei Hieronymus, in Stade's Zeitschrift, iv. 34-82; Spanier, Exegetische Beiträge, zu Hieronymus, Bern, 1897; W. Bacher, Eine Angebliche Lücke im Hebräischen Wissen des Hieronymus, in Stade's Zeitschrift, xxii. 114-116.
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Hope Retreats International - Home:Thank you for joining us as we begin our 15th year in ministry.                               Above is a diagram of our completed facility once it is completely built out, consisting of 15 cottages represented by the boxes above and a very large multi-purpose building in the middle of the cottages, represented by large square in middle which will house 38 one bedroom suites, plus classrooms, offices, facilities for basketball and vollyball & film and television production offices and sound stages.We hope that you followed our advice in going to our “Breaking News” page and reading the article “$20,000,000 Fund Raising Campaign”, written by our CEO, Dr. Randall Maxwell, as if you did so you will already have a handle on what we have accomplished in ministry over the past 14 years, as well our goals for the next five years. If you have not done so already, we ask that you do so now, as you will see quickly just how we intend to fund all of our programs at Hope Retreat of the South using the same money the American tax payers are already wasting away in the mental health industry.Actually for a small fraction of the money you are already spending, and bring total healing to better than 70% of all those dignosed with a mental illness where the mental health industry says there is no cure! Dr. Randal Maxwell, our founder and Hope Retreats has been in ministry now for 14 years. We have worked in ministry dealing with everything from working with addictions for both males and females, working with battered and abused women, working with troubled and at risk youth, homeless and orphanages around the world. Please go to our “Our Past 14 Years in Ministry” page to see some of the details.It has always been, as well as it is now, been our prayer and goal to affect our society and helping to shape our culture as positively as possible with the resources we have. We have always appealed to the Christian community to unite with us their talents and resources in an all out effort to show a watching and hurting world the love that Christ our Lord whom we profess as our head of the Body of Christ, has for it in very practical ways, thus, with this in mind, this was the birth of Hope Retreat. After our annual Board meeting of 2015, after many months of prayer and meeting with one another it was unanimously decided that in order to have the greatest impact in shaping our culture as positively as possible with the resources that we have is to phase out all of our programs and to concentrate all of our efforts completely in working with the youth of our country, who will be tomorrow’s leaders and our elders. In addition to working with our youth we will also take care of our aged. We have decided to adhere completely to the Scripture in James 1:27; Religion that God our Father accepts as pure and faultless is this: to look after orphans and widows in their distress and to keep oneself from being polluted by the world. As of September of 2015 we have already phased out all programs all across the country other than our work in Nashville. We are in the process of phasing out Nashville programs other than working the same programs for either youth (ages 12- 35 both male and females) and the aged (60+ years old, both male and female) We have simply kept the Nashville pages to show our reader what we are phasing out and what we have done over the past 14 years in ministry. Our international orphanages will continue, as each of these are self sustaining and handled by an international board of directors and have their own resources and funding. These orphanages will not take away any of our funds or resources and will in no way distract our leaders away from our goals and ambitions in the US. As of September of 2015 we have three distinct different residential programs which at present are very limited and splintered operations as they are housed in several different houses and apartments spread across Davidson and Rutherford County. At present all programs are at capacity. This is why we are in such urgent need of our $20,000,000 fund raising campaign, as there is a continuous waiting list, and being that our residents are in different locations it is simply not as cost effective as having all in one location. We will ultimately house each program, our Youth Retreat, our Evergreen Retreat and Veteran Retreat on one campus as we accomplish our fund raising campaign. Please see diagram above to get idea of what this completed campus might look like once completed. It will be comprised of 15 cottages where all residents will live in a family type atmosphere and a large multi- purpose building with 38 one bedroom suites. The whole facility will house 210 residents very comfortably and 260 cramped but still legal at capacity. Also, please consider, that if we have enough land we can always build additional cottages as need requires. Please see each program page on this site to see complete details on each of these programs. Please also note that we specialize in working with mental illness as better than 30% of our residents have been diagnosed with at least some type of mental illness. This is not to even mention that we can prove that we can totally build out our whole facility for a fraction of what the American tax payer is already spending with the mental health industry where there is absolutely no cure, just a life of bondage to medication which only enables a person the ability to exist in society without hurting themselves or others. In fact, we can prove that we can actually build out our whole facility and bring complete healing to 70% of those who have been diagnosed with a mental illness who are today in jail in just one of the 9 states we service. Today, 20%+ of those in local jails have been diagnosed with a mental illness and the cost to keep one on average in jail is about $129 per day. Our cost is $60 per day. See article "$20,000,000 fund raising campaign" on our "Breaking News" page to see how we can totally build out our whole facility for about the same amount of the savings we can have in just keeping those in jail in just one of the states we serve. This is not to even mention the healing of 70% thus no more cost. we are actually building out the whole facility for half the cost you the American tax payer is already spending to just keep someone in the local jail. We can also prove that we can, by God’s wonderful grace totally heal 70% of our residents whom we have accepted into one of our programs who have been diagnosed with a mental illness.  For our youth, this means total transformation of their lives and a opportunity to return to society and to become totally self sufficient and a contribution to society as opposed to spending the rest of their lives living on the American tax payer. We are able to do all of this by God’s grace and by teaching to live the Christian lifestyle and through nouthetic Biblical counseling. Please go to our “Nouthetic Biblical Counseling” page for definition and information on nouthetic Biblical counseling.Seeking foundational donors now who will commit their support of at least $35 per month. Partner with us now by calling Dr. Maxwell @ Hope Redtreat of the South @ (615) 603-7509. MENTAL ILLNESS IS A MODERN DAY PLAGUE IN THE USA & CERTAINLY THE MOST URGENT UNMET NEEDS IN AMERICA TODAY!CallSend SMSCall from mobileAdd to SkypeYou''ll need Skype CreditFree via Skype
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56
Microbiologist| Leishmaniasis| Toxoplasmosis| AIDS | Prof. Sarman Singh is a self-made person, who hails from a very small village of Aligarh, Uttar Pradesh. He always thought of doing some welfare work for the country, which benefits not only his community but all the poor and downtrodden. After obtaining MBBS degree from KGMC, Lucknow and MD from PGIMER, Chandigarh, in 1991, he joined the All India Institute of Medical Sciences, New Delhi as Assistant Professor. The Department he was assigned, had no research and development work and very few basic diagnostic services at that time. However, with his hard work, vision and seer perseverance his specialised division has now developed into a full fledged molecular biology centre of excellence which is very well equipped with most of the modern diagnostic and research tools such Whole Genome Sequencer, 6 laser flow cytometer, Molecular Biology work-station, MB-Bact, MGIT-960, Epicenter, various types of research and fluorescence microscopes, PCR, Real-time PCR, Mini-Mag,, NASBA, gel driers and DNA/RNA extractors, CO2 incubator, various types of centrifuges, biosafety cabinets, ELISA processors, electro-chemiluminescence, VIDAS etc.. The division is catering from very routine to most sophisticated molecular diagnostic services not only to the Institute hospital patients but also to patients of other hospitals in and outside Delhi. The laboratory has received several research grants from Department of Biotechnology, Indian Council of Medical Research, Department of Science and Technology, Council for Scientific and Industrial Research, NIH (USA), European Commission, Australia Council, Bill and Melinda Gates Foundation, WHO etc. Dr. Singh is voracious writer, dedicated researcher, loved teacher by his students, an able administrator and a visionary. This is evident from his high citation index of 6500, i10 index of 141 and h-index of 40. He is an internationally acclaimed medical scientist with outstanding research and academic achievements for his pioneering work in the field of infectious diseases. His work has made high impact on the society both directly and indirectly and saved thousands of lives from diseases and poverty. His contribution to the society has been in two ways: direct and immediate and indirect but long lasting. The immediate impact has been through his inventions and innovations in the field of two major killer infectious diseases- the kala-azar and tuberculosis. Though both diseases affect poor, but kala-azar mainly affects the poorest and down trodden (Singh et al, 2000). Thousands of poor in Bihar, West Bengal and Uttar Pradesh used to die due to kala-azar because the diagnostic methods were very costly for them to afford. The rapid test developed by his team which is highly cost-effective, the number of deaths due to kala-azar has come down. Though Government of India has taken several steps to tackle this disease, but the rapid test kit developed by him played pivotal role. His new inventions including the early diagnosis of tuberculosis and a mosquito proof cooler are on the way of commercialization which will make a dramatic change in the control of Tuberculosis and mosquito borne diseases. Indirect impact of his work has made a significant effect in youths and students across the country. Thousands of students get highly motivated after reading his biography (www.drsarmansingh.com). These youngsters generate confidence that with hard work, perseverance and honesty and scientists even poor students can also excel and contribute in the national building. The main focus of Prof. Sarman Singh's research has been on developing more sensitive and cost-effective diagnostic methods for infectious diseases, particularly those that are difficult to diagnose and treat. Towards this goal, he has made several ground breaking discoveries in the field of pathophysiology of visceral Leishmaniasis or kala-azar. He was the first to develop and patenting a rapid and highly cost-effective diagnostic test for this disease. A novel recombinant antigen (Ld-KE16) was prepared from an Indian strain of L. donovani (Singh & Sivakumar 2003; Sivakumar et al, 2006) ((PCT/IN2003/000400) and the commercial rights of the test were transferred to the M/s Span Diagnostic Pvt Ltd through the Department of Biotechnology, Govt. of India. The company has made rapid diagnostic test (RDT) kits in various test formats, which were dedicated to the nation by the Honourable Minister of Science & technology, Government of India Shri Kapil Sibal on February 6, 2006 in a glittering ceremony at the Press Club of India. These RDTs have made the invasive and hazardous methods like bone marrow and splenic aspiration dispensable at a very affordable price (Singh 2006). It is a matter of pride that the diagnosis of kala-azar can now be made at a cost of less than Rs. 50 per patient in India using these trailblazing "Made in India" kits. These test kits are exceptionally accurate with 100% specificity and 98% sensitivity. The disease kala-azar mainly affects the poor and down-trodden section of our society (Singh et al, 2000). Till rapid tests were made available, thousands of poor in the states of Bihar, W Bengal and Uttar Pradesh were dying due to this disease because of non-availability of sensitive, cost-effective and point-of-care diagnostic methods. It may be mentioned that with the availability of this revolutionary test, the number of kala-azar deaths has come down significantly - thanks to the Government of India for their active surveillance, and free treatment combined with the RDT kit developed by Dr. Singh that played a pivotal role in the national kala-azar elimination program. This cutting edge technology is also saving of millions of dollars of the Indian Government every year on foreign exchange. This is the first ever-indigenous invention by a medical scientist, which is become an integral part of any national disease elimination programme. This invention received high appreciation and applauds from the WHO (WR-India, as chair of the award selection committee) in the BMJ Research and Innovation excellence award distribution ceremony while announcing the award to Dr. Sarman Singh. Beside the above, this work has been recognised by the prominent science agencies of India, notably the Department of Biotechnology (Product, process and Commercialisation award); Indian Council of Medical Research (Dr. BK Aikat Award); Medical Council of India (Dr. BC Roy Award); Government of Uttar Pradesh (Vigyan Ratna Award); Indian Medical Association (Med-Achiever Award); Delhi Medical Association (Chikitsa Ratna Award); Indian Society of Parasitology (Dr. BP Pandey Oration Award); Indian Association of Tropical Parasitology (Outstanding Researcher in Parasitology); Indus Foundation (Innovation Excellence Award); Society for Immunology and Immunopathology (Life Time achievement Award) and many more. The issue of reservoirs of visceral leishmaniasis in India has remained dogmatic. The dictum has been that only post-kala-azar dermal leishmaniasis (PKDL) patients serve as reservoirs and there are no animal reservoirs in India, in contrast to the well-known animal reservoirs world-wide. In a spearheading study Dr. Singh working on the premise that in several areas where there are no PKDL cases (Dey et al, 2007), the outbreaks or sporadic cases of VL do occur (Singh et a, 2011). Furthermore, using novel PCR primers (PCT/IN2004/000395) his team also found that VL and PKDL strains are genetically different and both strains have differences in the anti-leishmanial drug susceptibility pattern (Mishra et al 2011). Therefore, in a radical approach, his team investigated thousands of animals in endemic areas as well as in non-endemic areas and found that goats are very potent animal reservoirs of VL in India (Singh et al 2013). These findings are bound to make drastic deviation in the kala-azar elimination programme of India. The whole genome sequence (WGS) of several isolates of Leishmania donovani from VL patients has been sequenced, but it is a matter of pride that Dr. Sarman Singh became the first in the world to carry out the WGS of the PKDL strain of Leishmania. The sequence alignment data showed significant differences in the genome of PKDL strain as compared to VL strains (Gupta et al, 2015). The WGS also revealed a revolutionary finding that a major portion of a saprophytic bacterial (Parvibaculum lavamentivorans DS-1) genome gets integrated into the genome of PKDL strain. On the basis of this discovery new biological phenomenon has been postulated, thereby this integration could be the triggering factor to manifest the two strains differently (the viscerotropic form becoming dermotropic). This landmark discovery also proved his old hypothesis, that Leishmania donovani undergoes in-vivo hybridization to manifest as PKDL. These findings will go a long way in the eradication of old dogma about PKDL. India has distinction of having maximum cases of HIV, TB and Leishmaniasis. In an in-depth invited review in International Journal of Infectious Diseases Dr. Singh discusses the current scenario of HIV-leishmania co-infection and factors that contributed to help quell this duo, in contrast to the other co-endemic countries (Singh, 2014). However, the Leishmania and TB both are co-endemic in several parts of eastern India. It is also known that approximately 20% VL patients will have concomitant or subsequent Tuberculosis but there is no effective vaccine for these infections. Considering this as a major research challenge, for the first time his team prepared a self-cleaving chimeric DNA vaccine which can be used against both TB and visceral leishmaniasis (Dey et al, 2008). This cutting edge innovation has been patented globally (PCT/IN2009/000093). The department of Biotechnology who funded and licensed this this work, observed this invention as of high commercial value. The reputed journal Vaccine invited him to publish this innovative research to publish in their special issue (Dey & Singh, 2009) and again another reputed journal (Parasites and Vectors) invited him to write a systemic review on Leishmania vaccines (Srivastava et al 2015). Miltefosine is a new drug approved for the treatment of VL in 2004 only but within few years of its introduction, the efficacy has gone down. To understand the mechanism of resistance, in an avant-garde study his team has discovered novel mutations in the genes of Leishmania; which impart resistance to miltefosine. These mutations can now be used as molecular markers to diagnose and predict miltefosine resistance in circulating strains at an initial stage (Srivastava et al, 2016). Tuberculosis is the main killer infectious diseases in India. On the top of that multi-drug resistant (MDR) and extensively drug resistant (XDR) forms have emerged forcing WHO to announce MDR-TB as health emergency. Dr. Singh for the first time reported high incidence of XDR-TB in Indian AIDS patients (Singh et al 2007). Though this publication created lot of discussion in Government, but finally it was accepted as realty and based on these findings Government of India implemented programmatic management of DR-TB (PMTD). Unfortunately early and accurate diagnosis of TB has remained a major challenge for researchers and programme managers. In last 20 years several serological test kits were dumped in the Indian market for the diagnosis of PTB and EPTB. But these kits gave highly inaccurate results, leading to unnecessary treatment to hundreds of thousands of patients, and leaving several thousands TB patients untreated. Dr. Singh played crucial role in getting these serological kits banned for import, manufacture and use in India (The Independent, UK; Times of India; The Hindu; Deccan Herald; Spectrum; etc.) and live discussion on the all India Radio. The Editorial published in the IJMR (Singh & Katoch, 2011) played the key role in this decision taken by the Government of India in May 2012. However, the ban on serology has created a complete gap in the TB diagnostic field. Dr. Singh worked untiringly to find out novel molecular tools and biomarkers for the diagnosis and differentiation of drug susceptible and drug resistant Mycobacterium tuberculosis. His laboratory has recently made a revolutionary discovery in this field. After screening hundreds of proteins of MTB, his team identified 5 novel proteins/antigens which are over-expressed only during the in-vivo drug resistance development. The genes were cloned and proteins expressed, purified and used on various categories of patients showing the sensitivity and specificity of these proteins between 98.2% -100% and 89.1 - 98.2%, respectively (Singh et al, 2015, Singh et al, 2016*). Using these novel proteins development of a point-of-care (POC) rapid test is underway. This innovation will be a game changer in the area of TB diagnostics not only for India but globally. The Foundation for Newer Innovative Diagnostics (FIND) has shown interest in this innovation and very soon this innovation will make India proud of innovative research. He has also used his epidemiological skills acquired during his training at University of Michigan (USA) and has done various field studies. He has formed a network of scientists working on Tuberculosis in India. In a spearheading study his team screened 628 isolates of MTB collected from various parts of the country, genotyped these and did drug susceptibility testing to uncover how the socio-geographical factors influence the prevalence of various genotypes of MTB. This was unique and first study of its kind. The Beijing genotype of MTB which is most prevalent in NER-India is having highest vulnerability for drug resistance while EAI genotype (found mainly in South India) having least preponderance for drug resistance (Singh et al, 2015). In this study he for the first time successfully documented the impact of population migration on the prevalence of various mycobacterial genotypes in different. This study was judged as the best study of 2015-16 carried out at the AIIMS and Dr. Singh was awarded First Prize in Research Excellence by the hon'ble Minister of Health and Family welfare, Government of India, Sri JP Nadda. The study has got wide coverage in the print media and Department of Biotechnology (NER-BPMC) has announced a special call for proposals to deal with this menace. Dr. Singh has also done pioneering work in the field of non-tuberculous mycobacteria (NTM) often neglected by clinicians and medical microbiologists as contaminants. In AIDS era these NTM have gained much importance but the conventional methods of identification are neither reproducible nor very specific. His team has developed novel sets of multiplex-PCR primers for the diagnosis and differentiation of Mycobacterium tuberculosis, M. avium, M. kansasii and other NTM, directly from the clinical samples in a single tube (PCT/IN2004/000396). These PCR primers and the process have been found highly sensitive and specific and are being routinely used at AIIMS and many other laboratory settings throughout the country (Singh et al, 2006, Gopinath et al, 2009, Kumar et al 2014a). The PLoS Neglected Tropical Disease published Dr. Singh's "Personal Opinion: on this subject, which is highly cited. This has made a paradigm shift in the understanding of NTM disease in India. Using the same gene targets, a new technology known as loop mediated isothermal amplification (LAMP) assay has also been developed by him with a commercial partner (Kumar et al, 2014b). The technology is being evaluated across the country and soon may be taken up by the Government of India. Currently molecular tools have become essential to understand the pathophysiology and drug targets. Dr. Singh has moved with the time. His laboratory is equipped with all modern tools including 6 laser flow cytometer and New Generation Sequencer (NGS), beside all routine diagnostic tools and services. His laboratory caters diagnostic (routine and specialised) tests with precision and accuracy. For his quality services his laboratory is recognised as training centre for whole Asia region for new TB diagnostics by the Stop-TB division of WHO (Geneva) and also by the central TB division of Government of India. Prof. Singh is the sole authority in the field of Toxoplasmosis in India for both medical and veterinary fraternity. His Toxoplasma reference laboratory is the only centre in entire India which is maintaining and distributing the Toxoplasma gondii strains to other researchers for the last 26 years continuously. Because of his spearheading teachings through webinars, print media and on other platforms including the FOGSI, ISP, IATP, IAMM, etc he has been able to convince the majority of Gynaecologists, Obstetricians, Paediatricians and Medical /veterinary microbiologists of India, that bad obstetric history (BOH) is a misnomer and that Toxoplasma causes multiple abortions is only a myth (Singh 2003; Singh & Pandit 2004; Singh et al, 2014). He is now the last word for Gynaecologists and Obstetricians of India regarding the diagnosis and management of congenital/antenatal toxoplasmosis. He has saved several unwarranted terminations of precious pregnancies suspected to have intrauterine toxoplasmosis on the basis of inaccurate test methods. His work has been cited in several reputed reference and text books-notably, the Infectious Diseases of fetus and neonates (Remington & Klein), Practical Obstetric Problem (Ian Donald); Toxoplasmosis : A comprehensive Clinical Guide (David et al), International Encylopedia of Public Health (Academic Press); Practical Guide to high-risk Pregnancy and delivery (Arias); Internal Medicine: an Illustrated Radiological Guide (Tubaikh) to name a few. It is worth mentioning that for his work on Toxoplasmosis he has been honoured by the Indian Academy of Tropical Parasitology as well as by the Indian Society of Parasitology. Beside TORCH infections his original work on mother-to-child transmission of Hepatitis E virus has been cited in almost all text books of paediatrics and Obstetrics, for examples – Principles and Practice of Infectious Diseases (Bennett et al); Infectious Diseases of fetus and neonates (Remington & Klein); Practical Obstetric Problem (Ian Donald); Viral Infections of Humans (Kaslow et al) and Avery's Neonatology. He was the first to document first case of HIV-Leishmania co-infection in India (Singh et al 2000a) and also high incidence rates of hepatitis B and Hepatitis C virus infections in Kala-azar patients of Bihar who were receiving multiple injections of sodium antimony gluconate (Singh et al, 2000b). He for the first time documented that circumcised patients had lower incidence of Hepatitis C and HIV virus infections in India. These findings were noticed by WHO and its Safe Injection Global Network (SIGN) division organised a special meeting with Government of India (in 2001) and highlighted the need for safe injection practices in India. Dr. Singh was special invitee in this meeting to present his findings. This advisory issued by the WHO to India based on his findings changed the scenario of injection practices in India. As a physician also he has contributed immensely in the Clinical Practice. For the first time from India, he reported mucosal involvement by Leishmania donovani in an AIDS patient and Prof. Singh coined a new clinical condition- post-kala-azar mucosal leishmaniasis (PKML) and published in the Lancet (Singh, 2004). This clinical term is now being used by other authors also (Singh 2014). He has treated rare clinical conditions like genitourinary enterobiasis (Singh et al, 1989), Scalp Phthiriasis (Singh et al, 1990), Hookworm granuloma of Gastric Os (Singh 1999), Toxoplasmosis in an immunocompetent surgeon, and many more. He has successfully carried out clinical trials of herbal immunomodulators in AIDS patients. He is running a pre- and post-test counselling clinic for HIV/AIDS and TORCH infections for the last 20 years and supervises more than 5 lakh investigations each year. Indeed Dr. Singh has several firsts to his credit, whether it pertains to new discoveries, novel innovations, finding new pathogens, clinical conditions or disease manifestations. His keen interest in new discoveries and scientific dissemination started from his early residency days at PGIMER, Chandigarh. Dr. Singh was the first to report fungal contamination (Trichosporon beigelli) of UGI endoscopes instead of routine decontamination procedures (Singh et al 1989). This work has been cited in almost all text books of Gastroenterology. He also reported new species of Trichuris (vulpis) in Onges tribes of Nicobar (Singh et al 1993) and new genotypes of Mycobacterium tuberculosis in India. In addition to research, teaching and patient care he is helping various Government organizations like UPSC, DBT, ICMR, ICAR in the academic and administrative processes, and on being on their task forces. Dr. Singh has been member of Peer Team of NAC and Inspector of the MCI. Dr. Singh has also been on the research advisory committees/examiner of more than 25 central and state universities. He is also member of scientific advisory committees of JIMPER, Pondicherry; RMRC, Jodhpur and National JALMA Institute for Tuberculosis. He is grant reviewer for DST, DBT, DHR, ICMR, CSIR, BIRAC/IKP, BCIL of India. His research is also recognised outside India and he is grant reviewer for Medical Research Council, Government of South Africa; Ministry of Science and Technology, Life Sciences Division. Government of Israel and Ministry of Health (General Director for Scientific Research and Health Innovation), Italy. He is also abstract reviewer for World AIDS conference (IAS, Geneva) consecutively for 9th year and also for CROI (USA) and ICASA (South Africa) for last 3 years. He is one of the upper 10% peer reviewers for the publications from topmost publishers like Elsevier (including Lancet), NPG, Bentham, Springer, ASM, JAMA, BMA and others. Overall he is manuscript reviewer for 41 reputed journals while refusing review requests from hundreds of online journals. Out of 15 PhD and 5 MD students supervised by him as Chief Guide, all are pursuing their career successfully – 7 in the USA, 2 in South Korea, 2 in the UK, 1 in Germany and 8 in India. Of the 15 PhDs all have received accolades in the form of best poster or best oral presentations in various national and international conferences and most of them have received travel awards from DST, DBT, ICMR, BMGF or from conference organisers. One student was selected by HIV trust fund (Geneva) to work at NIH for 6 months. ***
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courtweek.com - Archives: 2011November 1, 2011The Law of Post-Halloween Legal StandardsToday is All Saints Day or All Hallows, a holy day of obligation for some. To others, it''s just the day after Halloween -- a day they forget was once merely All Hallows Eve. Some spend All Hallows recovering from the revelry of the night before, and some are still on the streets in the wee hours of the holy day. Our Case of the Week examines once such alleged citizen on the streets and the unfortunate lesson she learned about differing standards of legal review in a California appellate decision handed down last week.Let''s Make a DealAngelique Bongiovanni found herself in the legal system in 2009, charged with possession of methamphetamine in two separate cases. In a deal that would come back to haunt her on the day after Halloween, she made a plea bargain in one of the cases. Under the plea agreement, Ms. Bongiovanni pleaded no contest, and was placed on probation for three years. As an added bonus, her 365-day jail sentence was suspended to run concurrently with the sentence from her other drug bust.It seemed like a good deal at the time, and it would have been...if only she hadn''t allegedly been out with the witches, warlocks, goblins, and alleged gang members on the streets of Los Angeles on All Hallows 2009.All Hallows HijinksOn Nov. 1, 2009, Wendy Diaz lived with her husband and three children in a Los Angeles neighborhood with a gang problem. Perhaps not unlike Chauncey and Wadsworth fighting over tee times, the proper procedure for shaking martinis, or the best way to train a polo pony, Ms. Diaz''s neighborhood faced fights from the gentlemen and ladies of the rival gangs, "Vincent Town," and "Columbus Street." Police arrested a Columbus Street gang member for breaking into the Diaz home.After taking her children trick-or-treating on Halloween evening, Ms. Diaz ventured outside at approximately 1:00 in the morning of All Hallows to look for a friend parking on the street. Instead, Ms. Diaz said she saw Ms. Bongiovanni accompanied by a companion in a pumpkin costume.According to Ms. Diaz, Ms. Bongiovanni proceeded to engage in an expletive-laden tirade of threats. To accommodate the gentle readers of Courtweek.com who would rather witness a debate between Chauncey and Wadworth on the best ways to make covert contributions to the Republican National Committee instead of enduring the vile threats of alleged gang members, we will attempt to sanitize the vulgarity of Ms. Bongiovanni''s alleged utterances.Ms. Diaz said Ms. Bongiovanni approached her and called her an [expletive deleted] snitcher, adding, "You been [expletive deleted] snitching.""You and your family are coming down," Ms. Bongiovanni stated allegedly, as she is said to have added for emphasis, "You [expletive deleted] rata," and "[expletive deleted] all biccicletas."To assist our readers in appreciating the full flavor of Ms. Bongiovanni''s supposed soliloquy, we should note that each deleted expletive is a version of the same slang word referring to an act of sexual intimacy. In addition, "rata" can refer to a Soviet fighter plane from the 1930s, plants from the Metrosideros genus in New Zealand, or rat in Spanish. We''ll let you decide which one Ms. Bongiovanni might have meant. Also, biccicletas is a derivation of the Spanish word for bicycles. Seems innocuous enough. However, in Ms. Bongiovanni''s case, People v. Bongiovanni, California''s Second District Court of Appeal noted biccicletas was also a term Columbus Street gang members used as a sign of disrespect (or "dissing" in gangspeak) when addressing the upstanding citizens of the Vincent Town gang.Ms. Diaz reported the incident to police the same day and gave law enforcement a description of the woman who threatened her. She then identified Ms. Bongiovanni from a photo line up. Police knew Ms. Bongiovanni to be a member of the Columbus Street gang for almost a decade and that she went by the gang name, "Diabla." It wasn''t difficult police work...Ms. Bongiovanni sported Columbus Street gang tattoos on her body. If that weren''t enough, police said she also admitted she was a member.Winning 10-2?However, nifty tattoos notwithstanding, Ms. Bongiovanni denied she was a member of the gang at trial. In addition, Ms. Bongiovanni noted she was approximately 50 pounds heavier than Ms. Diaz had described her. Then again, it was Halloween, and with her friend in that pumpkin costume, she probably got a lot of candy. Despite Ms. Diaz''s testimony and police testimony citing various Columbus Street gang activities including murder, assaults, car theft, and narcotics distribution, the jury deadlocked, and it''s vote was 10-2 in favor of acquitting Ms. Bongiovanni. The court declared a mistrial and thus granted prosecutors'' motion to dismiss the charges pursuant to California Penal Code section 1385.So, it was time for Ms. Bongiovanni to do the happy dance. Sure, she was on probation, but the charges were dropped. No probation violation there...or so she thought.At an ensuing probation violation hearing, Ms. Bongiovanni argued she had not violated her probation in the All Hallows morning incident. She claimed the whole thing was a case of mistaken identity, and she argued the jury''s 10-2 vote in her favor showed she hadn''t done anything wrong.Most members of the jury may have believed her, but the judge wasn''t buying it. More importantly, for purposes of sending Ms. Bongiovanni to the slammer for a probation violation, the opinions of those 10 jurors didn''t matter.You see, California probation violation determinations differ from a criminal trial in that the fact-finder in a probation violation hearing is the judge -- not a jury. In addition, where in a criminal trial, the legal standard is proof beyond a reasonable doubt, in a probation violation hearing, the standard is only a preponderance of the evidence. In other words, there can be a fair amount of doubt as to whether you did it, but if the judge weighs the evidence, and there''s more evidence indicating guilt rather than innocence, you lose.In Ms. Bongiovanni''s case, the judge noted the cops testified at trial that she was a member of the Columbus Street gang, a Columbus Street member was arrested in connection with the break-in at the Diaz home, and that Ms. Diaz identified Ms. Bongiovanni as the woman who threatened her. In the minds of 10 of 12 jurors, that wasn''t enough to prove anything beyond a reasonable doubt. However, under the preponderance of the evidence standard, that''s all the judge needed.In upholding the trial court''s decision that Ms Bongiovanni violated her probation, California''s Second District Court of Appeal wrote, "Appellant''s argument that a jury vote of of 10-2 for acquittal supports her credibility is not persuasive because the fact finder in the probation violation hearing was the trial judge, not the jury. Because probation revocation differs substantially from criminal prosecution and the facts supporting the revocation need only be proved by a preponderance of the evidence, we find substantial evidence to support the trial court''s finding that the appellant violated her probation."So, Ms. Bongiovanni had her probation revoked, and it was three years of incarceration for her. The moral of this week''s Case of the Week: if you''re on probation and walking around with a giant pumpkin on All Hallows, study legal standards of review before you go calling someone an [expletive deleted] Soviet fighter plane. __________________________October 22, 2011The Law of Flying DwarfsThose readers who enjoyed -- or perhaps didn''t enjoy -- this writer''s On Trial column in The National Law Journal may remember the saga of Dave the Dwarf. He fought to save the Constitution...while saving his livelihood in dwarf tossing. To commemorate the 10th anniversary of Dave the Dwarf''s epic legal battle--and because a Florida state representative is now trying to do in the legislature what Dave could not do in the courts--we now revisit the Law of Dwarf Tossing...and what it tells us about the 5th and 14th Amendments to the United States Constitution...as well as legislative and regulatory drafting in the state of Florida.Big Fun in a Little PackageDavid Flood is a gentleman of somewhat small stature: three foot two, to be exact. He''s also a Tampa, Fla., radio personality and quasi-celebrity. Known as Dave the Dwarf to his legions of little listeners and big fans on Tampa''s 93.3 FLZ radio, Mr. Flood also has had a side business, and that''s what made him a legal star. You see, for a fee, you could bring Dave the Dwarf to your birthday party, St. Patrick''s Day festival, bar mitzvah, or Millard Fillmore Inauguration Day celebration, and Dave would let you engage in the time-honored tradition of dwarf tossing.That''s right, you could put little Dave in a harness and toss him to your heart''s content. Dwarf tossing was a cultural phenomenon in the 1980s. It was the biggest thing since Members Only jackets. It seemed a good time was being had by all, as tiny torpedoes of humanity went airborne at parties.That was, until the Little People of America and their friends in the Florida Legislature intercepted the toss.Little LobbyistsNot everyone was amused by this zany brand of miniature fun. Among the concerned populace was a public interest organization known as Little People of America, Inc. The non-profit organization provides support and information to people of short stature, and states it is the only dwarfism support organization providing services to those afflicted with all of the over 200 types of dwarfism.Little People and others lobbied the Florida Legislature, and the result was the passage of Section 561.665, Florida Statutes, governing activities involving exploitation of people with Dwarfism in establishments selling alcohol.Not all little people supported the law, and one of them was Dave the Dwarf.Dave the Dwarf sued then-Florida Governor Job Bush in an attempt to overturn the law, arguing the law was an unconstitutional violation of his rights under the Due Process Clause of the 5th Amendment and the Equal Protection Clause of the 14th Amendment.Specifically, Dave the Dwarf argued in Flood v. Bush, No. 8:01cv02261 (M.D. Fla. filed Nov. 28, 2001), that his due process rights were violated because the law failed to properly define those covered by the law, making the law unconstitutionally vague. He argued also that the law violated his equal protection rights because the law treated him differently than others. For instance, you could be tossed, I could be tossed, and Oprah Winfrey could be tossed (with a great degree of difficulty), but Dave the Dwarf could not be tossed...or so he thought.Banned or Not?The governor''s lawyers swung into action in an attempt to toss Dave the Dwarf right out of court. They argued dwarfs needed protection. Dave counted that was hogwash. Also, in addition to maintaining Gov. Bush should be dismissed from the suit, the Florida Attorney General''s Office argued that there was no constitutional violation because the law didnt really ban dwarf tossing.Turns out they were right.The law itself banned only "undertaking or permitting any contest or promotion or other form of recreational activity involving exploitation endangering the health, safety, and welfare of any person with dwarfism" in establishments selling alcoholic beverages. Nowhere did the law ban dwarf tossing specifically.Dave the Dwarf argued dwarf tossing was good for his welfare because he made money doing it. Note the language is "health, safety, and welfare," as opposed to "health, safety, or welfare." Dave the Dwarf might have been better off leaving the law alone, continuing his aerial acrobatics, and arguing he was in compliance with the law because dwarf tossing promoted his welfare.As it was, the trial court tossed Dave out of the courthouse, holding the law did not ban dwarf tossing and that -- although the law mandated that the Division of Alcoholic Beverages and Tobacco of Floridas Department of Professional Regulation promulgate regulations on the issue -- they had failed to do it. While the regulators may have been out at the beach listening to Jimmy Buffet tunes and drinking margaritas, Dave the Dwarf could have been spending his days flying through the warm Florida breezes.So why is Florida State Rep. Ritch Workman trying to repeal the law while everyone from Jon Stewart to your short Uncle Freddy is weighing in on the issue?Well, it appears those regulators finally finished getting wasted away in Margaritaville, cruised on back home to Tallahassee, and did some regulating.The Oprah RuleThe Division promulgated Section 3.048 of Chapter 61A of its regulations, entitled, "Exploitation of Dwarfs." Unlike their friends in the Legislature, the regulators did more precise drafting and included dwarf tossing specifically. The regulation provided in subsection (2): "Any activity described as dwarf-tossing is specifically included within those acts of exploitation prohibited by this rule."Of course, there was also subsection (3), which could be called the Oprah Rule. It provided: "Nothing contained herein shall be construed to prohibit dwarfs from engaging in non-exploitative sporting or recreational events of the type engaged in by persons who are not dwarfs."So now we''ve come full circle: Oprah Winfrey can be tossed (if one has a large catapult), but Dave the Dwarf is, once again, left out of all the fun...unless Rep. Workman has his way. His bill, HB 4063, is pending in the Florida Legislature. In the meantime, you can catch Dave the Dwarf on his radio show, What Would The Dwarf Do?, where presumably, he is not being tossed...at least not yet.__________________________August 25, 2011The Law of Wiener WarsOnce the gentleman from New York''s Ninth Congressional District resigned his House seat for exposing his wiener, you may have thought you would be finished with bad wiener jokes for a while. You would be wrong.This week, mighty corporate litigants have been battling it out in the U.S. District Court for Northern District of Illinois in a wacky wiener war. The case of Sara Lee Corp. v. Kraft Foods Inc., features charges of hot dog blasphemy. Sara Lee, the makers of Ball Park Franks, and Kraft, the friendly folks bringing you the venerable Oscar Mayer wiener, both claim the other has disparaged its products in violation of federal and state law.Seriously though, we all read Upton Sinclair''s The Jungle in school. Thus, everyone thinks hot dogs are comprised of animal parts swept up off the factory floor anyway. How can one disparage a hot dog?Oh, I Wish I Were...Sara Lee fired the first shot in the Weiner War, suing Kraft in May 2009, claiming Kraft violated both the federal Trademark Act of 1946, 15 U.S.C. 1051 et seq., known commonly as the "Lanham Act," the Illinois Consumer Fraud and Deceptive Practices Act, and other Illinois state laws.In its federal complaint, Sara Lee alleged Kraft claimed falsely that Oscar Mayer wieners were the "100% pure beef hot dog" when it knew Oscar Meyer wieners contained other mouth-watering ingredients, such as sodium lactate, sodium diacetate, sodium phosphates, salt, corn syrup, and dextrose. Sara Lee claimed non-beef ingredients comprised approximately 20 percent of an Oscar Meyer wiener. Of course, Sara Lee conceded that most of this non-beef 20 percent was water.Sara Lee claimed Ball Park Franks were disadvantaged becausebeing the honest dudes they are Sara Lee would not compete with Oscars little lies by claiming falsely that Ball Park Franks were 100 percent pure beef.But, Oscar Meyers alleged crimes against humanity and hot dog harmony didn''t end there.In advertising paraphrasing Oscar Mayers famous jingles for its hot dogs and bologna, Kraft claimed, The best tasting beef hot dog has a name. Its O-S-C-A-R, and These days, its Ball Park and Hebrew National who are wishing they were an Oscar Mayer wiener. In addition, Kraft invited customers to Try the taste that knocked the others out of the park.Just as it claimed the 100 percent beef claim was false, Sara Lee claimed these comparisons against its hot dog were false as well.Sara Lees attorney, Richard Leighton of Washington, D.C.''s Keller and Heckman LLP, claimed the evil Oscar Mayer even cheated on taste tests, claiming testers were served boiled Ball Park franks on a paper plate with no bun, no ketchup, no mustard, nothing.It must have been a big taste test error because the bouquet of the sodium lactate and dextrose really pairs well with mustard.Not only were these claims placed in print and electronic media, Sara Lee claimed Kraft even put them on its Wienermobile, a vehicle described by Sara Lee as a hot dog-shaped vehicle that promotes Oscar Mayer and its products in interstate commerce.Have you ever seen the Wienermobile? This writer has. It looks like a rolling phallic sex toy designed to appeal to the prurient interest in violation of the U.S. Supreme Courts holding in Miller v. California.Sara Lee argued that, by making these allegedly false claims in interstate commerce, Kraft violated section 43(a)(1)(B) of the Lanham Act. Section 43(a)(1)(B) prohibits false or misleading advertising or marketing that damages another''s product. In addition, Sara Lee argued these false claims violated the applicable Illinois state laws.Not surprisingly, Oscar Mayer saw things differently.My [Fill in the Blank] Has a First NameMighty Oscar fought back, counterclaiming against Ball Park''s protective corporate mother, Sara Lee. Kraft argued the 100 percent beef was accurate because, although Oscar Mayer contained additives, beef was the only meat in Oscar Mayer. In addition, Kraft believed it needed to illustrate Oscar''s beefiness because of the public perception that hot dogs contain mystery meats.Damn you, Upton Sinclair!In addition, Kraft argued Sara Lee had its own hot dog advertising shenanigans.In a corporate legal battle example of Pee-wee Hermann''s famous retort, "I know you are, but what am I?," Kraft argued Sara Lee made its own false claims about how much beef there was in Oscar''s tubesteak. In addition, Kraft argued Sara Lee mislead consumers with taste tests by professional chefs proclaiming that Ball Park was America''s best franks.All jokes aside, the Wiener War in Sara Lee Corp. v. Kraft Foods Inc., may change the way companies market their products and establish limits for what merchants can say about their products and their competitors in advertising.Meanwhile, the court battle continues with weighty questions, such as "Do a bunch of San Francisco chefs know anything about Chicago hot dogs?" and, if you thought hot dog litigation was bad, just wait until companies start suing each other over other meats lots of people hate.When commenting on the litigation, Sara Lee''s Ball Park product director, Chuck Hemmingway said, "Simply put, we believe that these untrue statements are a bunch of bologna."First, they attack Oscar''s hot dogs, and now Oscar''s bologna? Mr. Hemmingway may want to watch out for the speeding Wienermobile. Oscar is not happy.____________________________August 12, 2011The Law of A&E''s Reality TV TroublesReality television tends to get lots of people into lots of trouble. From going to the slammer for failing to pay taxes on reality winnings to shooting sweet, innocent puppies with arrows, reality TV contestants have often been models of bad behavior. But what happens when it''s the reality show''s network getting in trouble? Our Case of the Week examines what happens when a reality show insinuates falsely that a woman tried to smuggle drugs into a jail via her vaginal cavity.Family DayMarlorita Battle was minding her own business visiting her husband, an inmate at the Riverbend Maximum Security Institution in Nashville, Tenn. Little did she know she was about to become a big, big star.On the day she chose to visit the prison, the A&E Television Network reality show, The Squad: Prison Police, was there, too. The Riverbend facility apparently had a drug problem, and there were allegations the contraband made its way into the prison compliments of visiting family members.It was time for some riveting reality TV drama.The episode of The Squad: Police Prison entitled, Conspiracy, began with Tennessee Corrections Special Agent John Fisher describing the Riverbend prison''s drug problem. He noted that an informant had indicated a woman was smuggling drugs into the prison on a regular basis."We''re expecting this lady today," Agent Fisher said, as A&E splashed Mr. Battle''s face on the screen.As Ms. Battle began what might have been a pleasant visit with her husband and small child, the A&E cameras moved in, and agent Fisher said, "We''ve identified the female subject and inmate," as a mugshot of Ms. Battles husband is shown to television viewers.Keystone Kops and the Nitty GrittyMs. Battle''s husband had the toddler on his lap, and the couple sat next to each other. Ms. Battle''s husband caressed her, and then Ms. Battle visited the restroom, causing Agent Fisher to use his supposedly excellent cop skills to determine a crime was in progress. Not unlike the Keystone Kops, Agent Fisher and his bumbling band of merrymen swung into action."Hold on now, she''s going to the bathroom," Agent Fisher says, adding, "Typically, these women hide stuff up their vaginal cavity [sic] and then go to the restroom to take it out. Now we are starting to get to the nitty gritty."The camera then shows the doors to the bathroom, triggering more amazingly astute analysis from Agent Fisherthis time its about the size of Ms. Battles bladder and her efficiency in the latrine."There she is, right there. See how fast she went in there. She didn''t have time to pee," Agent Fisher says.Apparently, Agent Fisher, unaware of a bygone era when gentlemen and ladies would not utter the verb, "pee," on national television, has a special mathematical formula for computing travel times for urine through the urethra and into the toilet, hand washing, mirror check, and egress from a restroom.Ms. Battle, allegedly carrying something in her hand, proceeded to kiss her husband, A&E provided a crashing cymbal sound to enhance the reality TV drama, and Agent Fisher exclaimed, "Some [expletive deleted] just happened. I think we got ''em. I think we got them."It was time for the brave men of law enforcement to swing into action with A&E there to capture all the zany fun.First, they conducted a strip-search, and then, they placed Ms. Battle''s husband in a so-called "dry cell." Its called a dry cell because there''s no running water, and thus, no way to get rid of contraband.They kept Ms. Battle''s husband in the dry cell for 24 hours. He neither urinated nor defecated any contraband.After releasing Ms. Battle''s husband from the dry cell, Agent Fisher called the incident a "false alarm," but he added more commentary during the closing credits of The Squad: Prison Police that would become significant in subsequent litigation. This is Courtweek, after allyou know someone''s gonna get sued."If you are dirty, if you are smuggling in contraband, drugs, cellphones, tobacco, then we''re going to catch you. We might not get you today, maybe next week, next month, next year, but eventually, we''re going to catch up with you, and we''re gonna get you. That''s what we do," Agent Fisher said.Reality TV in CourtMs. Battle sued A&E Television Networks, Inc., and Wild Eyes Productions, Inc., the producers of The Squad: Prison Police, in federal district court in Tennessee, alleging defamation and intentional infliction of emotional distress.A&E and Wild Eyes moved to dismiss the suit, arguing on the defamation claim that The Squad: Prison Police was not capable of defamatory meaning, noting that the program doesn''t claim Ms. Battle committed a crime, but instead "accurately reports the results of an investigation."The court didn''t buy it.Noting the camera angles, the ominous music, and the made-for-TV commentary of Agent Fisher, U.S. District Judge Kevin Sharp wrote:"Even though the Program indicates that a search of Plaintiff revealed no drugs, a jury could conclude from the overall way that the Program is presented that Plaintiff was a drug smuggler who just happened not to get caught on September 12, 2009. Such an impression is enforced by Agent Fisher''s parting comments to the effect that while we might not get you today, we will get you sooner or later if you are smuggling drugs into a Tennessee prison."In rejecting the attempt by A&E and Wild Eye''s to dismiss Battle v. A&E Television Networks, Inc., the court cited also the U.S. Supreme Court case of Milkovich v. Lorain Journal Co., and held that statements of opinion were not automatically protected from libel and slander claims on First Amendment grounds."After all, ''expressions of ''opinion'' may often imply an assertion of objective fact," the court said.The lesson we take from this week''s Case of the Week is that, before airing a show, A&E might want to make sure the subject is guilty of genital smuggling--or at least not put a cop on the air insinuating the innocent party just got lucky on that one occasion. After all, they could just put a bunch of people on a desert island, have a some obnoxious people become roommates, or have really untalented people sing.________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected] 5, 2011The Law of Pig FumesHave you ever had a neighbor who cooked food they may have found tasty and delicious, but that emanated aromas reminiscent of aged Roquefort cheese and dirty baby diapers left in a garbage can in the hot sun? It would be most annoying, but would it be unlawful? Would the pungent aromas be trespassing onto your property?Believe it or not, the issue has been litigated, and, in this week''s Case of the Week, we learn whether various airborne items--chemical particulate matter, sewage plant smells, and pig farm fumes--are trespassing when they waft onto your property. People may disagree, and that''s okay. As we''ll discover, the courts disagree as well.Organic AirOluf and Debra Johnson had decided to get back to nature. They converted their Minnesota conventional family farm into an organic farm, hoping to achieve an organic food certification that would allow them to charge more for their farm fresh products.Soon the Johnsons were ready to enjoy their new organic Eden. As they began their new all-natural existence, they stopped using pesticides, and Mr. Johnson posted signs around the property, letting everyone know that the Johnsons'' new tree-hugging Utopia was a chemical-free zone.There was just one problem. The neighbors hadn''t joined the eco-friendly bandwagon.The Johnsons may have embraced Mother Nature, but their next-door neighbor, the Paynesville Farmers Union Cooperative Oil Company, was still spraying away. Pesticides and herbicides drifted onto the Johnsons farm.Seeing the neighboring farm much like a chinchilla sanctuary might view a petrochemical plant as a neighbor, the Johnsons filed complaints in 1998, 2002, 2005, 2007, and 2008. The Minnesota Department of Agriculture cited Farmers Union four times for violating Minn.Stat. 18B.07, subd. 2(b) (2010), which made it illegal to apply a pesticide resulting in damage to adjacent property.Having had enough of chemicals wafting onto their pristine, virginal, chemical-free land, the Johnsons sued in Minnesota state court in January 2009, alleging, among other things, that Farmers Union committed trespass by allowing its chemical fumes to invade their property.A state trial court was unconvinced. It granted summary judgment to Farmers Union, on all claims, including the trespass claim, holding that trespass by particulate matter was not recognized in Minnesota.Leading the charge for Birkenstock-wearing lovers of fields and streams everywhere, the Johnsons appealed.The Law of Pig FumesIn rejecting the Johnsons'' claim, the trial court relied on the Minnesota Court of Appeals'' decision in Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn. App. 2003), review denied (Minn. Aug. 5, 2003). The facts leading to the court battle in Wendinger are every homeowner''s worst nightmare.The Wendingers and the Forsts had been neighbors for years. They had also farmed their lands for years, and the Wendingers built a new home on their land in 1984.In 1994, the Forsts entered into an agreement with Wakefield Pork, Inc., to construct and maintain a pig farm to house Wakefields'' pigs. In a design sure to make anyone nauseous, liquid pig waste was stored in an outdoor concrete lagoon. The pig poo was then pumped and spread on the fields each fall.As the scents from farmyard feces filled the ambient air, the Wendingers began to complain. Then, they filed scores of complaints with state and local authorities. Finally, they sued.Among their allegations was a claim for trespass, arguing the pig fumes entering their property constituted trespass.A trial court dismissed the trespass claim, and the Wendingers appealed. The Minnesota Court of Appeals affirmed, holding that the Wendingers'' claim was one for nuisance--not trespass--because the odors of which the Wendingers complained interfered with the use and enjoyment of their land, not with their exclusive possession of it.The trial court in Johnson used the Wendinger decision for the proposition that particulate matter traveling from one property to another could not constitute trespass. However, the appellate court in Johnson held the trial court read too much into the pig fume decision.Pesticides are not Pig FumesAlthough the appellate court in Wendinger used the phrase, "particulate matter," the appellate court in Johnson held all particulate matter is not alike."Nothing in our Wendinger analysis indicates that we intended the term particulate matter to define a unique category of physical substances that can never constitute a trespass," the court said. Basically, the court held pesticides are not pig fumes."Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. Instead, they primarily complain that the liquid chemicals that the cooperative sprayed into the air from neighboring fields drifted, landed, and remained on the Johnsons'' organic crops in detectable form, contaminating them." Judge Kevin Ross wrote for the court.Where the Wendinger court said there was no trespass because the pig fumes only affected enjoyment of the land, not possession of it, in ruling for the Johnsons, the appellate court in Johnson held that pesticides can affect both possession and enjoyment."The errant dispersion of pesticides, which contain chemicals designed to affect the land, can interfere with possession," the court said.So, the next time youre cooking your Aunt Betsys Garlic and Sauted Sardine Surprise, youre probably okay--even if it does ruin the ambiance of your neighbor''s garden. But, if you spray Raid, and it ends up in your neighbors Cheerios, he may just lawyer-up.______________________________July 28, 2011The Law of Protecting Celine DionHow important is protecting Celine Dion?After all, she sells millions of records, and many middle-aged women adore her. However, there are millions more who would rather spend a weekend in an Iranian torture chamber than listen to Ms. Dion sing the theme from Titanic for the 4,761st time.The woman may need some protection.Well, in a development that may damage U.S.-Canadian relations and come as a shock to fans of syrupy, schmaltzy pop music, a federal appellate court has held that serving as Celine Dion''s bodyguard does not constitute an original contribution of major significance in a field of endeavor sufficient to warrant the granting of a EB-1 visa.The BodyguardHad the court heard the case of Kevin Costner''s character protecting Whitney Houston in The Bodyguard, the whole thing might have gone differently. Mr. Costner''s character had made a major contribution in the field of celebrity personal protection by serving as a U.S. Secret Service agent. Such a high level of demonstrated skill and accomplishment might have brought him a visa.But what if, instead of being employed by the U.S. Department of the Treasury to be part of elite squad of livesavers, Mr. Costner had been employed to protect the top-selling female Canadian recording artist of all time by the pride of Charlemagne, Quebec herself?Would the United States grant a visa to the man who had protected Canada''s fourth most famous export--next to Keanu Reeves in Bill and Ted''s Excellent Adventure, maple syrup, and those deeply disturbing Sarah McLachlan commercials with the abused puppies and kittens?Nikolaos Skokos thought they should.Mr. Skokos, a security consultant for Celine Dion, applied to the United States Department of Homeland Security (DHS) for an EB-1 visa, and DHS rejected him. Apparently, DHS didnt think protecting the vocal cords that brought Beauty and the Beast to warm the hearts of little children was important enough.To see what an affront this might be to Ms. Dion''s throngs of adoring fans, it helps to know a little bit about the legal process behind granting visas to enter the United States.Legal TitanicIn addition to establishing a lottery for certain visas and dropping homosexuality as a basis for exclusion from the United States, the Immigration Act of 1990 created the EB-1 visa to attract immigrants with exceptional talents and skills.The EB-1 visa has three types, one for multinational executives and managers, one for professors and researchers, and one for applicants of extraordinary ability. Two of the ways an applicant can demonstrate this extraordinary ability are showing he had made original contributions of major significance to his field of endeavor under 8 C.F.R. 204.5(h)(3)(v) or showing she was paid a high salary compared to others in her field under 8 C.F.R. 204.5(h)(3)(ix).Not only did DHS feel that protecting Celine Dion did not meet this standard of excellence, the U.S. District Court for the District of Nevada agreed with DHS, holding for the government and rejecting an appeal filed by Mr. Skokos.In the legal equivalent of running the Titanic into an icebergwhile listening to Celine Dion sing about it as Leo and Kate flail in the frigid waters of the North Atlantic, Mr. Skokos appealed to the U.S. Court of Appeals for the Ninth Circuit in Skokos v. Department of Homeland Security, and fared no better.The appellate court held Mr. Skokos failed to establish that his work for Ms. Dion constituted an original contribution of major significance to the field of bodyguarding. In addition, the court held he failed to establish that he was paid more than most celebrity bodyguards.The court noted Mr. Skokos claimed he was far more than a bodyguard--he supervised guards, made security arrangements in the exotic destinations where Ms. Dion shot her mesmerizingly dramatic videos, and provided around-the-clock protection for Ms. Dion and her family. Nevertheless, the court was unmoved that protecting the valuable Canadian export was sufficiently significant to get a visa.The court noted the high standard for granting an EB-1 visa, citing the case of Kazarian v. USCIS, where a physicist who had published articles, written a textbook, and lectured extensively didnt even qualify for an EB-1 visa because his work--although satisfying the criterion for authorship of scholarly articles--did not establish that his work was of major significance in the field of physics.But, is writing scholarly articles and lecturing on physics at universities really as important as ensuring the gaffer and the best boy don''t snag Celine Dion''s Perrier from the buffet table?Of course, some people have managed to prove they are important and accomplished enough to get an EB-1 visa. Golfer Nick Price got one, but--unlike Mr. Skokos--he had won multiple championships, earned over a million dollars in prize money, and he had Jack Nicklaus, Lee Trevino, and Hale Irwin execute affidavits supporting his position.If only Mr. Skokos had managed to get a raise from Celine Dion and recommendations from Gladys Knight and the Pips.______________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected] 20, 2011American Idol''s American LitigantMany contestants on the hit television show, American Idol, may believe Simon Cowell is a somewhat nasty fellow. He berates participants, calls them names, and generally makes people wonder if his momma taught him any manners. Nevertheless, most of these verbal salvo victims don''t sue. But, one did, leaving us with the question: Does Simon Cowell''s boorish behavior on American Idol violate Title VII of the Civil Rights of 1964?Effeminate Idol?In what some take as evidence of the decline of Western civilization, American Idol, the American spin-off of the British program, Pop Idol, has become one of the most successful shows on television. Contestants participate in singing competitions to win recording contracts, and the winners, including singers Kelly Clarkson and Carrie Underwood, have gone on to fame and fortune.Some of the contestants weren''t as talented. One of those contestants was Ian Bernardo.Mr. Bernardo first appeared on American Idol in 2006 on the opening show of the season. These season-opening audition shows feature a few acts that will advance in the competition and a few acts that will come close. They also feature performers with no reasonable chance of advancement. These contestants--possessing little or no talent--apparently appear to provide comedic material by making fools of themselves. Apparently, Ian Bernardo was one of these comedic contestants for the 2006-2007 season.Not surprisingly, Mr. Bernardo was unsuccessful in his American Idol audition. However, Mr. Bernardo--who described himself as "having a non-conforming appearance based on gender stereotype," which a U.S. District Court interpreted to mean that "he appears to conform to a stereotype of an effeminate homosexual male"--did make subsequent appearances on the show for the 2006-2007 season finale and for Simon Cowell''s final appearance on the show in May 2010.The Courthouse AuditionClaiming he was an employee of American Idol Productions Inc. on each of his appearances, Mr. Bernardo claimed also that he was subject to discrimination and harassment due to his sex on each of his appearances. He claimed American Idol Productions employees told him to "gay it up" and that producers conditioned his appearance on Mr. Cowell''s farewell show on Mr. Bernardo''s willingness to be "outrageous, flamboyant, and really gay."Claiming he was also subject to epithets such as "fag" and "homo," Mr. Bernardo filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). He obtained a right to sue letter from the EEOC and sued American Idol Productions for violations of Title VII of the federal Civil Rights Act of 1964 and New York State law.American Idol Productions moved to dismiss the case, making several arguments. In addition to claiming Mr. Bernardo suffered no adverse employment action, the producers argued Mr. Bernardo had failed to make a case for hostile work environment under Title VII. Although the court conceded that--if true--the conduct at the Simon Cowell farewell show would constitute a hostile work environment, the court rejected Mr. Bernardo''s legal argument.Noting Title VII is not a civility code and that discrimination on the basis of homosexuality is not prohibited under Title VII, the court held Mr. Bernardo had not established that gender stereotyping, which is prohibited by Title VII, had so permeated the workplace so as to create a hostile work environment.The court went on to dismiss all Mr. Bernardo''s claims, noting, "He, like everyone else with a modicum of talent (or less) who auditions for American Idol, chose to appear on a program that was famous for its judges'' insulting behavior. Benardo went on the air after being told what was expected of him, and he knew what to expect. Having volunteered to be insulted, he cannot now claim that he was sexually harassed."There was no word as of press time as to any possible Ian Bernardo appellate audition at the Second Circuit._____________________July 10, 2011Suing After Ferocious Puppy PanicPeople are injured in Americas stores, streets, and subways all the time, making personal injury law a big business. Its also one of the most contentious. Some cases may seem easy, but what if youre injured after being chased down a supermarket aisle by a charging dog owned by a store employee? Should the store be liable? Two Mississippi courts disagreed recently. Of course, it helps if you know something about the dog.Attack in the Artichoke AisleLenetra Outlaw decided to do some shopping at her local Penny Pinchers discount grocery store in West Point, Miss., one day in Aug. 2006. An otherwise pleasant shopping day took an unfortunate turn when Ms. Outlaw heard a sound that gripped her with fear and panic.She heard a dog bark.Ms. Outlaw then heard the terrifying sound of dog claws on Penny Pinchers'' floors as the possibly ferocious beast came charging down the aisle. Ms. Outlaw, who said she was extremely afraid of dogs, decided it was time for drastic evasive maneuvers.She ran down the aisle, made a turn, and sought refuge from her brutal foe. Not finding a safe place in the aisle, she ran into a freezer. Thinking that wasnt safe enough--after all, she probably saw the movie, Cujo--Ms. Outlaw leaped on top of the freezer. In her Quixotic quest to escape Armageddon, Ms. Outlaw exacerbated a previously existing hip injury, and decided to sue Penny Pinchers and Cindy Scott, the store manager who owned the attack dog.A Mississippi state court jury found for Ms. Outlaw and awarded her $130,000, finding Penny Pinchers 70 percent at fault and Ms. Scott 30 percent to blame.At this point, you may be wondering, What''s so interesting about this case?Remember at the beginning we told you it would help if you knew a little about the dog?Baby Weiner DogIt turns out this allegedly ferocious attack dog was nothing more than a four-month-old Dachshund puppy. That''s right. A little weiner dog weighing four pounds.It seems Ms. Scott brought the adorable puppy named Sophie to work every day. The pleasant little puppy had never attacked anyone before. Ms. Scott kept Sophie behind the counter--not to protect customers, but so that no one would step on the little thing. Rather than a 150-pound Rottweiler with a spiked collar, Ms. Outlaw jumped on top of a freezer in mortal fear of a tiny weiner dog puppy.Given this fact pattern, Penny Pincher and Ms. Scott decided an appeal was in order. The issue facing the Mississippi Court of Appeals in Penny Pinchers v. Outlaw: Did the presence of the four-month-old Dachshund puppy create an unreasonably dangerous condition at Penny Pinchers that day?The court noted that the Mississippi Supreme Court had held that dogs are not dangerous per se. The Magnolias State''s dog-loving supreme court held in Poy v. Grayson that to impose liability on a dog owner for personal injuries, a plaintiff must show the dog had a propensity for violence and that the owner knew it.The court in Penny Pinchers noted that the four-month-old, four-pound bundle of love, Sophie the Weiner Dog, had a clean record.Citing the Mississippi Supreme Courts 1969 decision in General Tire & Rubber Co. v. Darnell, the court went on to hold that a premises does not have to be completely safe from any hazardonly reasonable safeand that the plaintiffs own actions can be a factor."We acknowledge Outlaw''s extreme fear of dogs. However, we cannot say that it was reasonable for Penny Pinchers to anticipate that anyone, even someone with a great fear of dogs, would have such a reaction to Sophie''s presence in the store," Judge Thomas Griffis wrote for the court.Thus, we feel confident in saying, if you hurt yourself jumping on top of a freezer to escape a four-pound Dachshund puppy, don''t bother suing anyone because its probably your own fault.__________________________June 29, 2011A Defamer''s Guide to ''Dirtbag v. Dirtbag''What does it really take to slander or libel someone? The law of defamation can be complex, but a New York state court recently tried to sort out this weighty issue: What is a "dirtbag," and is the term defamatory?The issue arose after a man named William Schumacher penned comments that another man, John Acheson, was "the biggest dirtbag" he had ever met in his life. Acheson sued Schumacher before Westchester City Court in what, amusingly, could become a seminal case of black letter law. Apparently, no other U.S. court has ever issued a reported decision on the issue of whether it is defamatory to call someone a "dirtbag."Citing a New York precedent, the court in Acheson v. Schumacher said libel or defamation was "a writing or broadcast that tends to expose the plaintiff to public hatred, contempt, ridicule, or disgrace." The court went on to cite the five proving elements of the tort, including the truth or falsity of the statement and whether the complaining party actually sustained damages.Without offering any citation, the court defined "dirtbag" as "an informal term" meaning "a dirty, grimy, sleazy, or disreputable person." The court went on to explain various possible meanings for Mr. Schumacher''s allegedly defamatory statement. Did Schumacher mean that Acheson was the physically largest of the dirtbags he had known? Or perhaps just one of the most powerful? The court surmised also that Schumacher may have believed Acheson to be "just a tad worse" than the other dirtbags he had known.The point the court was making was that -- in any case -- these statements would all be opinions. Citing the case of Gilliam v. Richard M. Greenspan, P.C., the court held that statements of opinion are not defamatory. (In Gilliam, one lawyer penned a nastygram, saying unflattering things about another lawyer. The court held it was opinion and threw out the case.)But don''t take these court decisions as a license to spew any insult you please. In Lund v. Chicago and Northwest Transp. Co., a Minnesota appellate court held that certain epithets -- in that case, the unfriendly word "s---head" -- used alone might be only "unactionable rhetorical hyperbole," but combined with other defamatory words or statements, such words could "take on actionable characteristics."It also matters where and when insults are hurtled. In National Recruiters Inc. v. Cashman, the Minnesota Supreme Court found it slander when a plaintiff was called "a no-good loser; a no-good son of a bitch" in the context of an employment reference.Other courts are more hostile toward such lawsuits. When ESPN posted a photo of daredevil Evel Knievel and his wife with the caption, "Evel Knievel proves you''re never too old to be a pimp," the Knievels sued the network for defamation. They lost on the grounds that a reasonable person would not have taken the photo and caption to mean Evel was literally a pimp and Krystal his prostitute, despite their 29-year age difference and his rose-tinted glasses in the photo.And Florida courts have held that even such insults as "cockroach" and "mega-scumbag" do not constitute defamation, nor do references to a woman''s "poor feminine hygiene." Despite being "crude and indecent," such comments were considered permissible as "satirical hyperbole."The bottom line is that you can freely call someone a dirtbag or a mega-scumbag, but be careful the next time you write a letter of recommendation. If you can''t say something nice, at least don''t say anything that will get you sued.___________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected] more at the Washington Examiner: http://washingtonexaminer.com/opinion/op-eds/2011/06/defamers-guide-dirtbag-v-dirtbag#ixzz1Qfc82pzXJune 12, 2011The Law of Ben & Jerry''s and Natural BeansHave you ever wondered just what "all natural" means? There was once a professor who reminded his students that the bubonic plague was all natural. Various merchants--from sellers of cereal to purveyors of popcorn--claim their products are "all natural." Ben & Jerrys claimed its ice cream was all natural, but the Center for Science in the Public Interest didnt agree, so they got someone to sue Ben & Jerry''s.So, we can attempt to discover once and for all just what all natural means, the tale of Chubby Hubby, Chunky Monkey, and Cherry Garcia defending their honor gets to be this week''s Case of the Week.Activist ice creamIn the 1970s, childhood friends Ben Cohen and Jerry Greenfield took a correspondence course in ice cream making. Then they scraped up $12,000, opened an ice cream shop in an old Vermont gas station, and delivered dairy products in a station wagon. Ben & Jerry''s Homemade Inc. was born, and, as they say, the rest is history.Ben & Jerry''s expanded quickly. Not only was the company known for its tasty ice cream with imaginative names, Ben & Jerry''s became known as a leader in social and environmental activism. The growing company tried to promote world peace, and--from green dairy farms to recycled supplies--Ben & Jerry''s made environmental stewardship a focal point of its operations. In addition, Ben & Jerry''s donated 7.5 percent of the companys pre-tax profits to charity through the Ben & Jerry''s Foundation. In 2000, Ben and Jerry sold the company to Unilever.Although they are now very rich dudes, Messrs. Cohen and Greenfield and their ice cream operation still conjure up images of granola, Birkenstocks, peace signs, and...well...things that are all natural. Of course, the labels of Ben & Jerry''s ice cream read all natural, too. Some people didn''t think it was natural enough.Dutch chocolateAlthough Amsterdam may be more famous for Rembrandt, the Rijksmuseum, and reefers, some people believe the Netherlands is also famous for Dutch chocolate. But, does anyone really know what Dutch chocolate is? Hint: it''s a little more complicated than just being made near The Hague.Chocolate is produced when seeds from cocoa beans are fermented and dried and mixed with fat and powdered sugar. Cocoa powder can be made in two forms: unalkalized cocoa or Dutch-process alkalized cocoa. The unalkalized cocoa is made by merely pressing the beans. The process produces a light brown, very acidic powder.Dutch-process cocoa, on the other hand, is produced by cocoa nibs with a mild alkali solution to raise the pH and thus, lower the acidity. This process improves taste, color and solubility, but it also destroys many of the flavonols, which are believed to have health benefits. Ben & Jerry''s used the Dutch alkanization process.All Natural?The Center for Science in the Public Interest (CSPI) doesn''t think alkanized cocoa is all natural, so it contacted Unilever, demanding that the company remove the words all natural from both Ben & Jerry''s and Breyers ice cream, another brand the company owns. Ben & Jerrys agreed to remove the phrase, all natural, from any products containing alkanized cocoa. Breyers did not.CSPI organized a class action with the ice cream-enjoying Skye Astiana as lead plaintiff of a band of ice cream eaters who hate the allegedly unnatural Dutch chocolate, and sued Ben & Jerry''s in the U.S. District Court for the Northern District of California in Astiana v. Ben & Jerry''s Homemade Inc. They alleged violation of both federal and California law in the labeling of the ice cream as all natural even though its cocoa contained potassium carbonate from the alkanization process.Specifically, the CSPI plaintiffs argued Ben & Jerry''s committed fraud and engaged in false advertising in violation of California Business & Professions Code 17500. In addition, CPSI claimed Ben & Jerry''s violated regulations promulgated by the federal Food and Drug Administration (FDA).Ben & Jerry''s filed a motion to dismiss the case, making numerous arguments, including debating the definition of all natural.The ice cream makers argued that "all natural" was a term of art under FDA and U.S. Department of Agriculture (USDA) regulations. Thus, Ben & Jerry''s argued, for the CSPI plaintiffs to have been deceived by the all natural packaging, they would have had to have possessed an intimate familiarity with the FDA''s natural policy as well as the USDA''s regulations about what constitutes a synthetic process.Ben & Jerry''s was taking the position that Ms. Astiana was merely an ice cream lover and not a federal regulatory expert.In addition, Ben & Jerry''s argued a prospective class plaintiff would have had to taken that extensive regulatory knowledge, then actually have seen the all natural phrase on the package, and then made her own analysis that the ice cream was either not alkanized or that the alkali used in the Dutch cocoa process was not synthetic under the USDA regulations.After all that, under Ben & Jerry''s argument, the potential plaintiff would have had to have relied on that regulatory analysis in deciding to enjoy that pint of Chubby Hubby. Ben & Jerry''s argued that when the reasonable consumer bought her Chunky Monkey, she was not assuming all natural meant alkanized with sodium carbonate and not potassium carbonate.The court wasn''t buying it--at least not for now.The court denied Ben & Jerry''s motion to dismiss, holding that the dispute was too fact-dependent to be thrown out at this point."Moreover, the fundamental dispute--what is a natural product?--will likely present some factual disputes. The only FDA guidance appears to be a distinction between natural and synthetic in the policy, but that definition in the Federal Register is qualified as meaning something that would not normally be expected to be in food. Surely, that characterization raises multiple linguistic and philosophical questions, not to mention factual questions," U.S. District Judge Phyllis Hamilton wrote for the court.So, the battle between Ben & Jerry''s and the enemies of Dutch chocolate will continue. What have we learned this week? Well, according to the U.S. District Court for the Northern District of California, there really isn''t any definition of "all natural"...at least for the moment._______________________________June 5, 2011The Law of Bees and BudsWhat does it mean to operate a motor vehicle? It seems to be a simple question. Get a bunch of lawyers and judges involved, and it becomes anything but. Although alleged drunk driving cases are where this question is asked most often, this week''s "Case of the Week" asks it in a different setting.What about when that motor vehicle is attacked by a swarm of bees?Unhappy HiveOne May day in 2009, Michael Corpus called animal control for the city of McAllen, Tex. It seems he was having a bit of a problem with a beehive.City of McAllen Animal Control Officer Roberto Mata responded to the call, and upon arrival at the scene, Mr. Corpus asked Officer Mata to accompany him to the hive with the swarming army of displeased bees.Possibly remembering what happened to the fools who tried to go into a hotel room with Mike Tyson''s tiger, Officer Mata said something along the lines of: "I don''t think so; Homey don''t play that," and refused. Officer Mata insisted Mr. Corpus accompany him to the hive.So the two gentlemen entered Officer Mata''s animal control vehicle, equipped with animal protection equipment. Officer Mata donned protective gear and approached the hive of danger, but he instructed Mr. Corpus to remain safely in the animal control vessel as the engine remained running.Things would have been just fine and dandy had Officer Mata not done something that may have been somewhat unwise.Insects Attack!Not unlike a Saturday Morning Super Hero decked out in protective gear as he makes Saturday mornings safe for kiddie sales of sugary cereal and overpriced toys, Officer Mata approached the hive in his protective animal control gear. Then, the swashbuckling hero of animal protection began spraying the bees.Guess what happened next?Shockingly, the bees attacked. But, no worries. Officer Mata was protected by his animal control gear. The problem was what Officer Mata did next.To escape the mighty swarm, Officer Mata ran to the truck, opened the door, and hopped in.The only problem, of course, was that, when he opened the door to the animal control truck, he let in a bunch of very angry bees--who proceeded to have a field day biting the [expletive deleted] out of the unprotected corpus of Mr. Corpus.Mr. Corpus was not amused.What do unamused people do in this column? They sue.The Law of Bees and CarsMr. Corpus sued the city of McAllen, alleging Officer Mata''s negligent operation of his city-owned vehicle cased serious injuries to Mr. Corpus.Operating a motor vehicle? What about spraying the bee hive and opening the truck door so the bees could turn Mr. Corpus into a walking, talking pin cushion.Actually, Mr. Corpus had a smart lawyer.You see, government entities are usually only liable in civil suits if they waive what lawyers call sovereign immunity, the government''s immunity from legal actions. Governments waive sovereign immunity for certain activities. Basically, you can sue the government only if the government says you can sue the government.One of the exceptions to sovereign immunity in Texas is for operation of motor vehicles. If Mr. Corpus'' lawyer could show Officer Mata was operating the animal control truck, then he would have a case under the exception to sovereign immunity.So just what does it take to be operating a motor vehicle?If you asked a bunch of convicted drunk drivers, they would probably tell you Officer Mata was operating the animal control truck. That''s because courts have held that, to be guilty of drunk driving, all one must do is sit in the drivers seat with the key in the ignition.Bud or Bees?For instance, in People v. Wood, Andrew Wood had a very unfortunate night at McDonald''s. When he pulled up to the drive-up window in his van, he passed out--with his car running--and, giving new meaning to the phrase, "This Bud''s for you," he had a can of Budweiser between his legs. At least it wasn''t hot coffee. Oh yeah, he also had a cooler full of marijuana on the front seat.The legal story from the bad night at the Golden Arches wasn''t so bad for Mr. Wood at first. Both a trial court and an intermediate state appellate court threw out the evidence against him, holding he was not operating his van at the time of the arrest and search.However, the Michigan Supreme Court reversed both courts and held Mr. Wood was operating the motor vehicle even though his van wasn''t moving, and he had his foot on the brake. Noting that his van was running and in drive, the state''s high court held he was operating the vehicle because he had put the vehicle in motion, was still in control of it, and the vehicle still posed a danger to the public. In doing so, the court reversed two previous Michigan cases that held one could not be sleeping and operating a motor vehicle at the same time.Actual physical control of the vehicle is the standard used by many jurisdictions, and in Illinois, Michigan, Minnesota, and Nevada, that control can be maintained while sleeping.Putting the key in the ignition will get you in some states, including Vermont. In the Vermont Supreme Court case, State v. Helton, one hapless, inebriated fellow was convicted of DUI for merely putting his keys in the ignition to roll up his car windows--after he had gone to retrieve his vodka from the car.Note to self: appoint a designated sober window operator.So what about Officer Mata, was he in control of the vehicle and thus operating it for purposes of Mr. Corpus bee attack case?Departing from the case law of other states, both the trial court and the Texas Thirteenth Court of Appeals said "no.""The animal control truck was not in operation; it was parked. Corpus was injured when the bees entered the cab of the truck where he happened to be sitting. Although we do not condone Mata opening the truck door and exposing a passenger not wearing protective gear to agitated bees, we nonetheless cannot conclude that Corpus''s injuries resulted from the operation or the use of the truck," Judge Nelda Rodriguez wrote for the court.So for this week, we''ve established that you are operating a vehicle in Michigan if you''re asleep at the wheel in the McDonald''s drive-through with weed on the seat and Budweiser between your legs, but that you''re not operating a running vehicle in Texas with a swarm of bees on the seat and between your legs.Either way, its not a Happy Meal._____________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected] more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/06/law-bees-and-buds#ixzz1OXOJfS6kMay 29, 2011The Law of Rambo and Air FreshenersOur column two weeks ago about the Fourth Amendment has generated some discussion about just what will negate yourFourth Amendment protections and allow the cops to haul your posterior end to jail. As a public service to help our readers remain free from bondage, we will, from time to time, present our Case of the Week: Fourth Amendment Follies edition.This weeks helpful hint: Don''t use too much air freshener.Druggies from CharlotteRobert Little was traveling through the pleasant North Carolina hamlet of Thomasville early one August morning in 2008. It might not have been any big deal, but it was 4:03 in the morning, and Mr. Little was driving an old Buick with a malfunctioning headlight.Bonus reader helpful hint! If you''re carrying contraband, don''t drive through a small Southern town at 4:03 in the morning in an old Buick with a busted headlight. Bad things will happen. At least wait until 5:00 when the first batch of doughnuts comes off the conveyor belt at the local Krispy Kreme.Because Mr. Little didn''t get the memo on suspicious vehicles lurking through the Bible Belt during the wee hours of the morning, he got to meet Officer Adam Kallfelz of the Thomasville Police Dept.Officer Kallfelz observed three things that made him decide it was time for back-up.First was Mr. Little''s nervous and agitated demeanor. Second, Mr. Little said he was traveling from Charlotte. Finally, Mr. Little had approximately 10 tree air fresheners hanging from the rear-view mirror.Before we get to those pesky air fresheners, please allow us to defend the good people of Charlotte, North Carolina. You''re a fine city with an economy built on good barbecue and Bank of America overdraft fees, and--unlike Office Kallfetz--we don''t think you''re a bunch of druggies. We don''t think people should be stopped by the cops just because they''re coming from Charlotte.But, back to those tree air fresheners.Rambo RaidA nervous dude driving from Charlotte with 10 air fresheners made Officer Kallfelz realize he needed a crime deterrent.It was time for Rambo.At 4:07 AM, Officer Kallfelz called Officer Christopher Leonard, asking him to bring his partner, Rambo.Not unlike Sylvester Stallone searching swamps for sadistic Viet Kong alumni, Rambo, a drug dog, went over that old Buick like a frat boy going through sofa cushions looking for that lost last joint.Rambo signaled for the presence of narcotics in the Buick''s door, and Mr. Little was arrested for being a felon in possession of a firearm.Mr. Little moved to suppress the evidence, arguing the search was illegal, but a trial court denied the motion, holding that the stop and the search were lawful. Mr. Little appealed.Air Freshener JurisprudenceIn his appeal to the North Carolina Court of Appeals, the Tar Heel State''s intermediate appellate court, Mr. Little argued in State v. Little that the search was improper because the cornucopia of air fresheners did not provide reasonable suspicion for extending the stop until Rambo arrived.Unfortunately for Mr. Little, North Carolina has a proud tradition of air freshener jurisprudence. They even go after Santa Claus if there''s air freshener involved.In State v. Hernandez, the North Carolina Court of Appeals held a stop was proper when it was based, at least in part, on Christmas tree air fresheners.In Hernandez, Trooper Jonathan Whitley of the North Carolina Highway Patrol stopped a vehicle when driver Jose Hernandez removed his seatbelt while still operating his vehicle. Not unlike with Mr. Little''s arrest, air fresheners would help lead to Mr. Hernandez''s undoing."I noticed there were several of these Christmas trees, air fresheners in the vehicle. I noticed a strong odor coming from the vehicle," Trooper Whitley testified in defending his actions.Christmas tree air fresheners as a basis for detaining a motorists? Well, the court upheld the stop, and the court in Little followed the court in Hernandez."Facts giving rise to a reasonable suspicion include nervousness, sweating, failing to make eye contact, conflicting statements, and strong odor of air freshener," Judge Martha Geer wrote for the court in Little.And, if you think North Carolina is the only state fighting the war on air freshener, you would be wrong.In Commonwealth v. Watts, the Massachusetts Appeals Court held reasonable suspicion could be based, in part, on the presence of fabric softener drier sheets.The federal courts have joined this attack on pleasant aromas as well. In United States v. West, the Tenth Circuit proclaimed, "The Tenth Circuit has consistently held that the scent of air freshener is properly considered as a factor in the probable cause analysis, and in the Eleventh Circuit held in United States v. Wright that evidence of a drug conspiracy existed based partially on the fact that two persons entered the Winn-Dixie together to purchase carpet freshener and fabric softener; materials known to be used to mask the odor of cocaine.Many other federal circuits, including the Third, Fifth, Seventh, Eighth, and Ninth, have upheld convictions based, in part, on the presence of fabric softener, and in United States v. Edmonds, the Third Circuit upheld a trial court''s refusal to believe a drug mule was a mere unsuspecting courier. Why? She brought along a box of Bounce fabric softener sheets.So, the lesson from this week''s Case of the Week: with a Mountain Fresh scent filling the air, your dorm hall monitor in college didn''t believe you then, and the cops don''t believe you now. If you have contraband and notice Rambo sniffing your car, ditch the fabric softener...Bounce can get you busted.____________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-rambo-and-air-fresheners#ixzz1Nvzi9iNpMay 22, 2011The Law of Airport TipsHave you ever been sitting in a hotel room, staring at a room service bill, trying to determine whether the service charge added to your bill is the tip? And let''s not even get started with deciphering the cryptic hieroglyphics known as the cable bill.But what if your employer hoisted a sign informing customers there would be a two-dollar charge for your services? Would that payment be your tip? Would posting that sign get somebody sued? Of course, it would. This is the Case of the Week.Air a la carteOur story begins in Sept. 2005, when American Airlines began charging a $2.00 fee for passengers to check a bag at curbside.Before this policy began, curbside check-in was free, but customers tipped the skycaps--usually a dollar per bag--for curbside service. Until American went and messed up things, most skycaps earned most of their earnings from tips.As the airline industry faced significant financial problems, airlines began charging for many services that had been free. This a la carte fee system affected everything from headphones to handbags.Want to watch the in-flight movie? No problem. That''s free. Want to hear it? Two dollars for headphones, please. Want to eat? Pay up.Pay2Pee, the world''s first aircraft pay toilet, can''t be far away.At the moment, we can add curbside check-in to our non-complimentary airline a la carte menu.American--and its subcontractor actually employing the skycaps--made out like Tijuana bandits. The charge was designed to defray the cost of curbside service in a dark and dreary economy, but it actually became a profitable business venture for all...except the skycaps themselves.Many passengers thought American''s $2.00 fee was the tip. Others felt $2.00 per bag was enough to pay for curbside service. The end result was the same: the skycaps lost a significant amount of their income as tips plummeted.Suing SkycapsTwo skycaps at Boston Logan International Airport sued American and the contractor, seeking class certification and arguing that American''s curbside fee violated the Massachusetts statute governing tips, Mass. Gen. Laws, ch. 49, 152A (2008), constituted tortious interference with an advantageous relationship, unlawful conversion, and unjust enrichment under Massachusetts law, and that the skycaps were entitled to restitution under the legal theory of quantum meruit.The skycaps'' employer was dismissed due to an arbitration agreement, and American removed the case from a Massachusetts commonwealth court to federal court.The skycaps argued Massachusetts law prohibited American from charging the curbside baggage fee because the fee qualified as a service charge under the commonwealth law because it was a fee that a consumer would reasonably expect to be given to the skycap.American countered that the skycaps suit was preempted by the federal Airline Deregulation Act of 1978. When a federal law preempts a state law on an issue, the federal statute has sole jurisdiction, and the state statute is preempted and nullified for purposes of that dispute.The District Court held for American on several grounds, but held for the skycaps on the preemption argument. Thus, the claims under the Massachusetts tips law and for tortious interference were tried to a jury.Big TippersIt turned out the jury was a bunch of big tippers. The jury found for the skycaps in April 2008 and awarded damages in the amount of $2.00 to each skycap for every bag handled between Sept. 2005 and the verdict.Thus, the jury awarded the nine prevailing plaintiff skycaps approximately $333,000 in damages plus interest and attorney fees. One plaintiff skycap from the St. Louis airport did not get to share in the bounty because--as a citizen of Missouri--he was not covered by the Massachusetts tip law.But, our story is not over. Cheap tippers can rejoice. American appealed, and the First U.S. Circuit Court of Appeals handed down a decision bound to make Parisian tourists do a happy dance.The First Circuit reversed the district court and ruled for American in DiFiore v. American Airlines, Inc., holding that the Massachusetts tip statute was, in fact, preempted by the federal Airline Deregulation Act.Although the appellate court conceded there was conflicting case law, it relied on three U.S. Supreme Court cases, Morales v. Trans World Airlines, Inc., American Airlines, Inc. v. Wolens, and Rowe v. New Hampshire Motor Transport Assn, in holding that the federal law preempted the Massachusetts tip statute vis--vis the skycaps tips.The court held the commonwealth''s law was preempted when applied to Ameircan because it was related to a price, route, or service, noting that related to and service were statutorily broad terms.The First Circuit rejected the skycaps'' argument that the tip law''s connection to airline price, route, or service was so tenuous, remote, or peripheral as to not trigger preemption under Morales or Rowe."This, to borrow an apt airplane image, is walking into a rotating propeller: the advertising and service arrangements are just what Congress did not want states regulating, whether at high cost or at low. When the Supreme Court invoked the rubric ("tenuous, remote, or peripheral"), it used as examples limitations on gambling, prostitution, or smoking in public places--state regulation comparatively remote to the transportation function," the court said.So, next time you go to the airport, please remember that--because a federal court has ruled that curbside check-in is not like betting on ponies, retaining the services of a hooker, or smoking a joint at baggage claim--these guys aren''t protected by the Massachusetts tip statute.Even if you pay an airline curbside baggage fee, please, folks, tip your skycap.________________________May 14, 2011The Fourth Amendment and the Law of Bongs and BaggiesThe Fourth Amendment provides some of our greatest protections from government. It keeps colonial constables out of our tea, J. Edgar Hoover and the FBI out of our mothers underwear drawers, and seizure-hungry sheriffs out of our Chevys.Yet, as with anything, the Fourth Amendment is not absolute. The Fourth Amendment prohibits only unreasonable searches. Thus, if police have probable cause for a search, its not unreasonable, and the Fourth Amendment won''t stop it. In fact, the Fourth Amendment has a specific clause allowing searches with probable cause.A recent Massachusetts case gets to be our Case of the Week because it addresses the novel legal question: Does the presence of a bong and Baggies constitute probable cause for a search for marijuana?Speeding and SeizingWhen Shawn Smith decided to do some urban drag racing with friends, he probably should have left his bong at home. For readers who may be unfamiliar with the household appliance known as the bong, it is a water pipe--used by some to smoke marijuana.The speeding Mr. Smith was attempting to outduel a fellow motorist when police clocked him traveling 67 miles per hour in a 40 mile per hour zone.When police stopped the Smithmoblie, they noticed a bong and an open box of plastic sandwich bags in the car. The police testified that, based on their experience, a bong and Baggies usually meant one thing...and it usually happens a lot in Cheech and Chong movies. Yes, police thought they were dealing with that plague on humanity: marijuana.Having spotting the offending bong and Baggies, law enforcement swung into action.Police ordered Mr. Smith from the car, and frisked him. They asked him if there were any marijuana in the car, and he said there was not. However, Mr. Smith admitted he had some herbal enjoyment in his pocket. Police seized it, arrested Mr. Smith, and impounded his speedy car. Shockingly, they found more marijuana.However, in a development that will be significant legally later in our story, police did not detect any marijuana smoke or residue in the bong.Evidence Up in Smoke?Sure, police get to do an inventory when they seize a car. In this week''s case, police were arresting Mr. Smith for his weed, so they got to go through his car and inventory everything. However, when police misbehave, there is a judicial remedy known as suppression of the evidence. For those who never have time to watch Law and Order, that means the evidence is thrown out because the cops got it illegally.In this case, because the police failed to give Mr. Smith his Miranda warnings before giving him the Spanish Inquisition, Mr. Smith moved to suppress evidence of the search.However, Massachusetts prosecutors argued the bong and Baggies sitting in the car in plain sight gave the police all the probable cause they needed to search the carMiranda or not. In essence, the Commonwealth argued, it was the probable cause supplied by the bong and Baggiesnot the Mirandaless utterances of Mr. Smith that gave police the pot.Both a trial court and the Massachusetts Appeals Court, the commonwealths intermediate appellate court, rejected prosecutors'' arguments and threw out the evidence--and thus, the case. Citing Massachusetts case law, the court held that bongs and Baggies--and nothing more--do not give the police probably case for a search.Bong and Baggies LawThe Appeals Court distinguished Mr. Smith''s case from two previous Massachusetts Appeals Court decisions where bongs did lead to probable cause for a search: Commonwealth v. Dolby from 2000, and Commonwealth v. Correia in 2006.It is true the facts in all three cases were somewhat similar: cops stop car, cops see bong, cops arrest driver. However, Smith differed from Dolby and Correia in one, key respect. Unlike in Dolby and Correia, in Smith, there was neither marijuana smoke nor residue present in the bong.The Appeals Court said that distinction was critical. In Dolby and Correia, the evidence was not suppressed, but it was because there was residue in the bong--not because police spotted an innocent bong just hanging out, minding its own business, with no nefarious residue or smoke.Baggies get the same constitutional protections.Citing its decision in Commonwealth v. Garcia, the court held, the observation of two lawful items--the bong and the box of sandwich bags--did not supply probably cause. The court articulated its rationale in Garcia:"The trooper''s experience, coupled with his observation of an apparently empty baggie, is not enough to provide probable cause to conduct a warrantless search of the automobile. Benign objects such as spoons, mirrors, and straws are often used in the narcotic trade. To allow police officers, experienced in narcotics investigations, to conduct a warrantless search whenever they observe one of the above items, and nothing more, would permit random searches, which are condemned by the Fourth Amendment and the Declaration of Rights," the court said.So, Mr. Smith got off: the evidence was suppressed, and the charges were dropped. The moral of this week''s Case of the Week: if you''re going to go drag racing with your bong in the back seat, at least make sure it is clean._________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-bongs-and-baggies-fourth-amendment-searches-probable-cause-miranda-marijuana#ixzz1MKivXiVWMay 8, 2011The Law of Cow Bones and BungeesWhen you buy a product or service, how much information should the seller disclose to you? This week''s Case of the Week examines that issue in a case involving breast implants, bungee cords, a surgeon''s eyesight, and the jurisprudence of cow bone implants...not necessarily in that order.Manmade ChassisDenise Dalien decided she wanted to augment the chassis God gave her, so she consulted plastic surgeon Stanley Jackson of Puyallup, Wash. Dr. Jackson performed breast augmentation on Ms. Dalien in 2000, using saline implants.After a diet and exercise regimen caused her to lose weight, Ms. Dalien noticed some indentation and rippling on what was once her soft and supple upper left bosom.No problem. Dr. Jackson went in again, removed the saline implants, and replaced them with gel implants.Turns out there was a problem. Ms. Dalien was not happy with her new gel bosoms, so under the surgical theory of more is more, Dr. Jackson performed additional revision procedures on Ms. Dalien during 2005 and 2006.Blinding BungeeJust before all this happened, and--importantly for our story--unbeknownst to Ms. Dalien, Dr. Jackson was having issues with a bungee cord. Dr. Jackson went into mortal combat with the killer cord in July 1999.The bungee cord won.Dr. Jackson received surgery on his eye, and took over a month off from his practice. In July 2006, Dr. Jackson reported additional changes in his vision. He retired in October 2006 after unsuccessful surgery.Citing her allegedly unsuccessful surgeries, Ms. Dalien sued the good doctor twice. In one suit, Ms. Dalien argued negligent medical malpractice in the botched boob job.In her second civil action, Ms. Dalien sued under Washington States Consumer Protection Act (CPA). Ms. Dalien argued, among other things, that Dr. Jackson violated the law by failing to disclose his eye injury.Cow Bone LawDr. Jackson argued that the nondisclosure of his eye condition did not occur in trade or commerce and that any alleged professional malpractice or negligence was exempt from the CPA.Ms. Dalien countered that the nondisclosure of the eye condition was, in fact, done in trade or commerce because Dr. Jackson solicited and retained patients by failing to disclose this condition.In siding with Dr. Jackson, Washington State''s Court of Appeals cited the Evergreen State''s jurisprudence on cow bone disclosure and the case of Michel v. Mosquera-Lacy.In Michel, Mystie Michel sought treatment from Lucy Mosquera-Lacy, a periodontist employed by Bright Now! Dental, Inc., and the doctor said Ms. Michel needed a bone graft.When completing her pre-procedure paperwork, Ms. Michel was given the choice of human bone, cow bone, or synthetic bone for her graft. Stating she could not fathom the thought of having animal parts in her body, Ms. Michel declined the opportunity to get authentic cow bone.Well, unfortunately for Ms. Michel, supplies were running low in the dental office that day.When Dr. Mosquera-Lacy ran out of human bone, she finished the job with cow bone.Although the dentist claimed she merely finished up with cow bone--and that cow constituted no more than 10 percent of the graft--Ms. Michel said she now had a McImplant with the doctor having implanted a cow bone in her mouth.Whatever damages or urges to graze on her front lawn Ms. Michel may have experienced, her case wasn''t actionable under the Consumer Protection Act, the Washington Supreme Court held, because the use of cow bone was not an entrepreneurial activity in trade or commerce."Michael failed to show that Dr. Mosquera-Lacy''s use of cow bone is entrepreneurial. It does not relate to billing or obtaining and retaining patients. It simply relates to Dr. Mosquera-Lacy''s judgment and treatment of a patient. There is no evidence that cow bone was used to increase profits or the number of patients. When the supply of human bone ran out during the procedure, Dr. Mosquera-Lacy used her judgment and skills as a periodontist to finish the procedure. This is not actionable under the CPA," the court said.Bovine Bones and BungeesFollowing the Washington Supreme Court''s holding in Michel, the Washington Court of Appeals held in Dalien v. Jackson that Dr. Jackson''s nondisclosure of his eye condition was also an activity that fell outside the scope of Washington''s Consumer Protection Act. Thus, the court declined to certify her class action, and it affirmed a trial court''s dismissal of her case."As in Michel, Dalien has failed to show that Dr. Jackson''s nondisclosure of his eye injury is entrepreneurial. Dr. Jackson''s nondisclosure does not relate to Dr. Jackson''s billing or obtaining and retaining patients. Dalien has presented no evidence that Dr. Jackson represented that he had better vision than his competitors or somehow relied on his vision to promote his business," Judge Russell Hartman wrote for the court.However, the court didn''t say Ms. Dalien didn''t have a case--just that she didnt have a case under the CPA. Referencing her other suit, the court said, "To the extent that Dr. Jackson''s eye injury may have affected his ability to examine, diagnose, treat, or care for his patients, that question is actionable under the negligence theory, which Dalien is pursuing in her original lawsuit."The lesson of this week''s Case of the Week? If you want to sue under Washington''s Consumer Protection Act, make sure they advertise their excellent vision allows them to see your head before they implant a cow bone in it.____________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-cow-bones-and-bungees#ixzz1Ll8lzZ00May 1, 2011The Law of Bait Car JournalismDavid Broder, Edward R. Murrow, William F. Buckley Jr., Walter Cronkite, and now Bait Car?As the old Sesame Street song said, it would appear that one of these things just doesn''t belong here. Well, that''s not what the producers of the television show, Bait Car, say. They argue their show is real journalism, and--in an attempt to avoid producing evidence in a California court proceeding--they say their photographers are journalists. In recognition of this creative legal argument, their case gets to be our Case of the Week.What is a Journalist?The proliferation of new media sources has created a novel question: Just what is a journalist? Must one possess government-issued press credentials, sending shivers down the spines of First Amendment advocates? How about a requirement that you earn your living from journalism? Perhaps there should be a requirement that at least your Aunt Betsy actually read what you write?This question has taken on real legal significance as the U.S. Congress and many states have tried to implement so-called reporters'' shield laws. These laws attempt to protect reporters and their confidential sources by shielding confidential information from disclosure to courts and third parties.Although there has been substantial progress, a federal shield law has not yet passed. However, 40 states and the District of Columbia have shield laws, with many states enacting them after what some argued were Bush administration abuses, prosecutorial attacks on the press, and the prosecution of New York Times reporter Judith Miller.Some Republican lawmakers cited national security concerns with reporters'' shield legislation, and others had a more fundamental issue: How do you go about deciding which writers get to be journalists in a New Media world vs. Old Media world?Many hipsters sipping lattes at Starbucks like to bash so-called Old Media. As they iPad away their afternoons, bowing before the altar of New Media, they mock institutions such as The Wall Street Journal as the old media of their grandparents, and--bless their little black turtlenecks and Birkenstocks--they weren''t fooled by Rupert Murdoch''s purchase of Myspace. Silly, Rupert, New Media is for hip kids.But, the beautiful world of blogging Brown alumni opining on global warming and Maya Angelous contributions to literature while their conservative brethren blog on banks and hedge funds may be in for a shock to its modern sensibilities. There may be unwanted guests at this post-modern, online clambake, and it may be a sign of things to come.Bait Car as New MediaThe folks at truTV, that network of cop shows that used to be Court TV, have come up with a new show called, Bait Car. In Bait Car, the producers work with local police to place an unlocked car with keys in the ignition out on the street. Its the bait for would-be car thieves. Get it, bait, car?Many unsuspecting citizens, including Joseph Bullard, took the bait.Or did he?In the case of People v. Bullard in the Superior Court of California, San Francisco County, Mr. Bullard argued that he was merely being a good citizen, moving the Bait Car out of its illegal parking spot.He also argued selective prosecution. Mr. Bullard, a gentleman who enjoys cross-dressing, argued it was no coincidence that the unholy trinity of producers, police, and prosecutors arranged for the Bait Car to be placed outside Divas, a well-known, somewhat risque San Francisco transgendered club. Police countered that they just picked an area known for car theft.To prove Mr. Bullard''s Good Samaritan claim, his legal counsel wanted to see the tapes of the filming from KKI Productions, the producers of the San Francisco episodes of Bait Car. Not unlike Judge John Sirica sending an order to the Nixon White House, Judge Gerardo Sandoval ordered KKI to turn over the tapes.Not so fast, said KKI. Arguing that Bait Car was journalism and that the intrepid Bait Car photographers were, in fact, journalists and so under California''s reporters shield law, KKI refused.Judge Sandoval wasn''t buying it. He rejected KKI''s reporters shield argument, and demanded the tapes.Funny thing. You may have laughed at Mr. Bullard''s "I was only helping by moving the car" argument, but prosecutors dropped the charges against Mr. Bullard.Future of Journalism?Bait Car''s producers were working with prosecutors, turning over their tapes to the district attorney''s office, and that cooperation with cops was fatal to their legal argument, according to Judge Sandoval and legal journalism experts."You can''t have it both ways. You can''t cooperate with one side and not the other," said Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press."You can make a very strong argument that the cooperation with one side is a waiver of the privilege," Ms. Dalglish added.People v. Bullard does not decide the law on the contentious issue of who gets to be a reporter in the eyes of the law--although it does put Californians on notice that, if youre in cahoots with the cops, you probably don''t get to be one, at least for reporters shield purposes.The case also illustrates that the cozy little blogging world at Starbucks and beyond is also in the midst of a culture shift. The latter day hipsters may have make room on the Starbucks sofa for Bait Car journalists, Dog the Bounty Hunter, Big Brian the Fortune Seller, and the zany, fun-loving staffs of Ma''s Roadhouse, Lizard Lick Towing, and Hardcore Pawn.Yes, the Fourth Estate is becoming a very big tent in every respect imaginable...and in some not so imaginable.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-bait-car-journalism#ixzz1LCFs9nEyApril 24, 2011The Law of Gwen Stefani AvatarsAt the time of this week''s legal tale, Gwen Stefani was a big, giant rock star, and Activision Publishing''s Band Hero videogame series was extremely popular. Combine the two - the theory went - and you would have what one of those MBA-types might call, synergy.Activision and Ms. Stefani thought so...until they ended up in court.This week''s Case of the Week illustrates the legal principle of the right of publicity. It also puts us on notice with the following legal poetry: Make Gwen Stefani a dude, and you''re gonna get sued.California Dreamin''In the 1990s, Gwen Stefani and Activision were both living the Southern California dream. Ms. Stefani and her Orange County band, No Doubt, achieved critical and commercial success, including Grammy nominations and huge recording contracts, while hitting the top of the charts with their 1995 single, Don''t Speak.Meanwhile, the friendly folks at Activision were building a videogame empire in Santa Monica with hit games such as MechWarrior 2: 31st Century Combat and Civilization: Call to Power. They also made some money off a game series based on the adventures of skateboarder Tony Hawk.Entering the 21st Century, one of Activision''s biggest games was its Guitar Hero series, which basically allows players to engage in computer-assisted air guitar. Band Hero was a similar, spin-off production.One of Band Hero''s features allowed players to create avatars based on real life rockers.Thinking it would be just nifty to have No Doubt avatars in the game - or at least thinking that it would be just nifty to have some of Activision''s cash -- No Doubt executed its Professional Services and Character Licensing Agreement with Activision, allowing the gamemaker to create avatars -- or computerized characters -- based on the band, and use them in Band Hero.Gwen is not a dudeMuch to their horror, the members of No Doubt learned about a special feature of Band Hero shortly before the product''s launch -- it was a special feature No Doubt may have worried pubescent punksters might manipulate.In their Agreement, Activision and No Doubt agreed Activision would license only a limited number of No Doubt songs for use in the game. However, that provision failed to consider another potential use of Band Hero.When players reached a certain level of the game, Band Hero allowed them to unlock their avatars, changing their song selection and personal characteristics.For instance, Activision licensed only a few No Doubt songs, but if Little Johnny were proficient enough in Band Hero to get his avatar -- say, perhaps, a lasciviously alluring Ms. Stefani -- to reach Level Nine of Band Hero, he could unlock her and free her from the bondage of her current condition, in every way, including gender.No Doubt was most displeased to discover that, once your Gwen Stafani avatar were unlocked, not only could Avatar Gwen be singing Janet Jackson, she could also be singing Tito Jackson.You see, once unlocked, an avatar''s voice could be changed from male to female.Not surprisingly, Ms. Stefani and her bandmates were not excited about the prospect of having their voices replaced with the manly sounds of Boy George.Ska vs. SuitsCould Activision really use the twisted avatars without No Doubt''s permission?No Doubt didn''t think so, and the band sued Activision in California state court. In No Doubt v. Activision Publg, Inc., the band sued for injunctive relief and damages, arguing Activision had engaged in the unauthorized exploitation of No Doubt''s name and likeness.The band sued on several grounds, including Activision''s alleged violation of No Doubt''s right of publicity.The right of publicity gives an individual control over the commercial use of her name or likeness. About half the states have a statutory right of publicity and others protect the right of publicity as part of their right of privacy laws.There has been a movement to extend the right of publicity beyond death. Not surprisingly, this movement is led by the heirs of some very famous dead people, including the heirs of Marilyn Monroe.California is one of those states with a codified right to publicity, contained in section 3344 of the California Civil Code.However, Activision countered that No Doubt''s right of publicity claim was barred as a matter of law because Activision''s actions on the avatars constituted constitutionally protected activity under the First Amendment.A Los Angeles Superior Court judge denied Activision''s motion to strike No Doubt''s complaint, and Activision appealed to California''s Second District Court of Appeal.Citing Comedy III Prods., Inc. v. Gary Saderup, Inc., the appellate court applied the transformative use test, a method to determine whether a use of a likeness was transformed from something more than a mere impersonation.The appellate court sided with No Doubt and the trial court. The court ruled that a transgendered avatar did not qualify as a transformative use. Thus, the appellate court held, the First Amendment did not excuse Activision''s alleged violation of its right to publicity."Nothing in the creative elements of the Band Hero elevates the depictions of No Doubt to something more than conventional, more or less fungible, images of its members that No Doubt should have the right to control and exploit. Thus, the trial court did not err in denying Activision''s motion to strike the right of publicity claim based on Activision''s assertion of a First Amendment defense," Judge Thomas Willhite Jr., wrote for the court,The court compared and contrasted Ms. Stefani''s avatar with the image in another case involving a Sega videogame and the former lead singer of Dee-Light, Kirby v. Sega of Am., in holding Avatar Stefani was not a transformative use. The First Amendment may be powerful, but -- at least in this Case of the Week -- it provides no constitutional protection for a Gwen Stefani avatar in a Boy George voice singing, Do You Really Want to Hurt Me?_________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-gwen-stefani-avatars-band-hero-No-Doubt-v-Activision-Publ-Inc#ixzz1KUS9gVwHApril 17, 2011The Law of Urinal TrademarksTrademarks and the legal disputes involving them may be the most entertaining area of intellectual property law, and a recent Pennsylvania federal court case illustrates just how entertaining trademark fights can be. You might think this fight over the name, "Pint," was a beer dispute. You would be wrong.This week''s Case of the Week examines what happens when two urinal manufactures get into a legal dispute over the names of their products.Pint of Yellow LiquidThe urinal and its bathroom cousin, the toilet, use a lot of water. As people have become more concerned about the environment, manufactures have joined the party, developing so-called green products, and urinal makers are no exception. After all, no self-respecting urinal manufacturer wants to be known as a truck stop eco-terrorist.Among the leaders in the urinal market are Zurn Industries and Sloan Valve Co. Both Zurn and Sloan wanted to help save the planet by making eco-friendly urinals.Zurn developed a urinal Mother Nature would love and named it, The Pint. The U.S. Patent and Trademark Office awarded Zurn the United States Trademark Registration No. 3,389,517 for The Pint, part of Zurn''s EcoVantage line of environmentally friendly "fractional flush" urinals. They''re called fractional flush because they use a fraction of the water regular urinals use when you flush them.Not to be outdone, the nature-loving folks at Sloan came out with their own environmentally sound urinal, the Sloan 1 Pint Urinal System.Not unlike a fraternity pledge spotting someone swiping his pint of Guinness from the bar, lawyers for Zurn swung into action.Urinating ContestAfter noticing a Sloan press release for the Sloan 1 Pint Urinal System on the website, greenlodgingnews.com, Zurn''s lawyers sent Sloan a cease and desist letter, arguing Sloan''s name infringed on Zurn''s registered trademark for The Pint. Zurn demanded that Sloan stop marketing its allegedly infringing urinal with "pint" in its name.In an apparent attempt to maintain peace and harmony in the urinal world, Sloan changed the name of its urinal from the "Sloan 1 Pint Urinal System" to the "Sloan Pint Urinal System."It was a nice try, but Zurn was unsatisfied. Simply deleting the numeral, "1," from the name wasnt enough. Not unlike Carrie Nation on a bar raid, Zurn wanted the Pint the h*ll out of there.Sloan refused, and Zurn''s trademark lawyers did what it takes to become the Case of the Week. They sued.In its case, Zurco, Inc. v. Sloan Valve Co., filed in the U.S. District Court for the Western District of Pennsylvania, Zurn argued Sloan''s use of its name violated the federal Trademark Act of 1946, known commonly as the Lanham Act. Specifically, Zurn argued that Sloan''s name caused a likelihood of confusion among potential customers.Sloan countered that -- despite Zurn''s federal trademark registration --The Pint was not a legally protectable trademark for a urinal because the mark was generic, a trademark legal term meaning the name is a common, general term with no secondary meaning.Sloan argued that pint was merely an identification of a type of urinal -- one that uses one pint of water when flushed. Thus, Sloan argued, urinal purchasers would associate the term, pint, with the flush volume of the urinal, not the maker of the urinal, Zurn.In attempting to decide the dispute between the fighting flushers, the federal court applied the so-called primary significance test, used in many cases, including A.J. Canfield Co. v. Honickman. Under the primary significance test, the court determines whether the primary significance of a term in the minds of the consuming public is the product or the producer.The court illustrated the difference by citing E.T. Browne Drug Co. v. Cococare Products, Inc., where the court made the distinction that cola was generic because it described a product, but Pepsi-Cola is not generic because it describes the producer.Zurn disputed the generic label by noting that, in the toilet and urinal industry, flush volumes are described -- not in pints -- but with the terms, gallons per flush (GPF) and liters per flush (LPF). In fact, Zurn claimed the use of gallon and liter by those other wasteful water-hogs in the toilet and urinal industry was precisely why it chose the unique term, pint.However, Sloan countered that pint had become an industry standard, noting that American Standard has used pint and 1 point since 2008, Mansfield Plumbing Products has used 1-pint for its Brevity line of urinals, and Caroma USA had used one pint for its Cube Ultra line of urinals for two years.Unfortunately for Sloan, the court noted that none of those urinal craftsmen had used the term before Zurn introduced the Pint in 2007. In addition, Zurn argued it had been diligent in sending cease and desist letters to the allegedly infringing urinal producers, a requirement for protection under trademark law.To Be ContinuedIn denying motions for summary judgment on most issues, the court held that there were genuine issues of material fact as to whether The Pint was generic. As a result, the case will move forward, and more evidence about urinals and what people call them can enter the hallowed halls of American jurisprudence.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-urinal-trademarks#ixzz1K9cmh600April 10, 2011The Law of Chicken HeadsEmotional injuries and related damages may be one of the most contentious areas of the law, especially when -- as in thisweek''s Case of the Week -- that emotional injury is based on an employer''s forcing a worker to wear a chicken head mask in order to get medical benefits. Yes, this week, we go to Massachusetts to bring you the law of chicken head damages.Poultry ProblemsKaren Cappello worked full-time for Cricket Productions, where she processed orders. Because she was a full-time employee, she asked her boss, Victor Grillo Jr., for medical coverage.Mr. Grillo was very happy to give Ms. Cappello the medical coverage she desired, but it seems there was a catch.Mr. Grillo said Ms. Cappello could have the medical insurance only if she wore a chicken head mask."No head, no payment," Mr. Grillo wrote in an e-mail.We''re not making this up. We couldn''t come up with stuff this good.Even with major medical and hospitalization coverage for her young daughter on the line, Ms. Cappello declined to don the chicken head, which was part of a complete chicken costume kept in the office. You see, according to court papers, the employees at Cricket Productions considered themselves a fun-loving group that often socialized after hours.Apparently, none of the production place''s playful pranksters thought there was anything odd about making a session in the chicken head a prerequisite to health coverage.Ms. Cappello did.Saying she became too depressed to work as a result of the alleged harassment, Ms. Cappello sought medical attention and claimed she was unable to work.Of course, this is the Case of the Week, so you know what happens next.Colonel Sanders or Jack Daniels?Ms. Cappello decided to file a claim for her alleged injuries, and an administrative legal action ensued. Cricket carried no workers compensation coverage, but an administrative law judge held that, because Cricket was doing the business of DTR Advertising, Inc., DTR''s insurer, The Hartford Insurance Co., was liable for Ms. Cappello''s claim.Based on the opinion of her psychiatrist, Mark Cutler, Ms. Cappello argued Mr. Grillo''s alleged chicken head harassment was the predominant contributing cause of her adjustment disorder and major depressive disorder. The administrative law judge agreed and held for Ms. Cappello, but The Hartford appealed, arguing the chicken head incident was not the predominant contributing cause of Ms. Cappello''s alleged injuries.Hartford argued there could be other potential causes for the alleged injuries, and -- on appeal to the Commonwealth of Massachusetts Department of Industrial Accidents in the case of Cappello v. DTR Advertising, Inc. -- the judges noted that Ms. Cappello had received previous psychiatric treatment for issues related to a divorce and an alcohol-dependent husband.Ms. Cappello rejected the notion that marital warfare or her husband''s close, personal relationship with Jack Daniels and Johnnie Walker caused her injuries.It was all about that chicken head.Foul fowl?Because of her preoccupation with the perceived harassment at work and her disbelief that she was being asked to do what her employer asked her to do, which she perceived as very humiliating, she has been unable to return to any work for which she is reasonably trained by virtue of her education and job experience, Ms. Cappello''s psychiatrist told the administrative law judges.In a legal ruling sure to shock the San Diego Chicken, Mardi Gras revelers, and others who actually enjoy wearing chicken head masks, the judges sided with Ms. Cappello.Rejecting the insurer''s argument that there were other causes for Ms. Cappellos psychiatric issues, the judges ruled Ms. Cappello had shown those problems were not the cause of her present injuries. Although the judges conceded she had past psychiatric problems, they noted she had not experienced her present symptoms until the chicken head incident.The judges held that Dr. Cutler''s medical opinion satisfied the Massachusetts standard for predominant contributing cause of injuries established in the Massachusetts Appeals Court decision, May''s Case, and the Massachusetts Supreme Judicial Court decision, Robinson''s Case.In addition, citing Bouras v. Salem Five Cents Savings Bank, the judges held that, because Dr. Cutler''s opinion satisfied the predominant contributing cause standard, the chicken head incident was the only legal cause of her injuries."Because the doctor''s opinion effectively ruled out the previous stressors in the employee''s life as causes of her emotional disability, his opinion can be understood to implicate the events at Cricket Productions as the only cause," the judges wrote.The Massachusetts case of the chicken head was remanded to the lower judge on additional claims Ms. Cappello made, but she was victorious on this day...so was her lawyer.For their efforts on behalf of their client and for furthering the jurisprudence of chicken heads in the Commonwealth of Massachusetts, the judges awarded Ms. Cappello''s lawyer $1,488.30 in legal fees.__________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-chicken-heads#ixzz1J7TcDYNfApril 1, 2011The Law of April Fools'' JokesFor our April Fools'' Day edition of the Case of the Week, we visit the California Court of Appeal, which supplies us with a case touching on constitutional law, contracts, defamation, and, of course, the law of April Fools'' jokes. Not surprisingly, our case involves Sasha Baron Cohen, known popularly as Borat and Ali G.A 2004 episode of Mr. Cohen''s British television show got his network into a bit of trouble, and it had to pay the alleged target of his jokes $90,000. When the infuriated supposed subject came back for more, it ended up in American court, raising the question: could a reasonable viewer take the show seriously, resulting in a judgment for defamation?The Art of AmendingOn a 1987 youth trip to Israel, Sasha Baron Cohen began a friendship with a woman known only as "Jane Doe" in court proceedings. The friends lost touch over the years, but Ms. Doe followed Mr. Cohen''s increasingly successful career as a comedian, and, apparently, Mr. Cohen never forgot Ms. Doe''s real name.On the Aug. 15, 2004, episode of Mr. Cohen''s television show, Da Ali G Show, Mr. Cohen interviewed the American author, Gore Vidal. Among the topics of conversation were the United States Constitution and the practice of amending it.Mr. Cohen asked Mr. Vidal if it were not sometimes better to get rid of something rather than amending it. As an example, Mr. Cohen referred to Ms. Doe. Using her real name and referring to her with a term also used to describe a female dog, he said Ms. Doe was always trying to amend herself by such means as highlighting her hair, adorning herself with tattoos, and shaving her private regions.Mr. Cohen said Ms. Doe''s amending was for naught because he dumped her after he impregnated her. (Ms. Doe denied her relationship with Mr. Cohen was ever romantic or sexual in nature.)Given what Mr. Cohen claimed were Ms. Doe''s unsuccessful attempts at amending herself, he reasoned that amending anything -- including the Constitution of the United States -- was ill-advised.With no apologies to Vidal Sassoon, the people of the Eastern Hemisphere, or George Washington, in his role as Ali G, Mr. Cohen went on to suggest that Mr. Vidal was an internationally famous hairstylist, that euthanasia was a means of exterminating the elderly in Asia, and that Denzel Washington resided at Mount Vernon.Ms. Doe was not amused.Costly ComedyDa Ali G Show was produced by Britain''s Channel Four Television Corp. and distributed in the United States by HBO. After complaints from Ms. Doe, HBO settled with her in 2004 for $40,000. As part of the settlement, HBO agreed to edit the episode so Ms. Doe''s name would be removed in any future broadcasts.Well, Ms. Doe''s fame -- or infamy, depending on ones perspective -- continued. When HBO presented the episode on Comcast, it left Ms. Doe''s name in the airing of the show, resulting in another settlement with Ms. Doe in 2006 with the same terms as the 2004 settlement, except this time Ms. Doe received an additional $50,000 payday.Nevertheless, viewers of Da Ali G Show had not heard the last of Ms. Doe.When a friend of Ms. Doe''s saw the unedited version -- that would be the one with Ms. Doe''s name -- on YouTube after the second settlement, he contacted her, and they discovered a viewer in Estonia had uploaded the clip from Finnish television, which had received the unedited version from Channel Four.No more settlements. Ms. Doe decided to take her battle to court.The Law of April Fools''Ms. Doe sued HBO and Mr. Cohen in California state court, and later added Channel Four as a defendant. She sued on multiple grounds, including libel, slander, breach of contract, invasion of privacy, and negligent infliction of emotional distress.Channel Four moved for summary judgment -- a legal ruling where one side wins the case before it even gets to trial -- arguing, among other things, that no reasonable person could have understood Mr. Cohen''s statements as factual.The trial court sided with Channel Four."No reasonable person could consider the statements made by Ali G on the program to be factual. To the contrary, it is obvious that the Ali G character is absurd and all his statements are gibberish and intended as comedy. The actor, Sacha Baron Cohen, never strays from the Ali G character, who is dressed in a ridiculous outfit and speaks in an exaggerated manner of a rap artist. Ali G''s statements are similarly absurd," the trial court said.Ms. Doe appealed, but she fared no better with the Californi''s Second District Court of Appeal in Doe v. Channel Four Television Corp. Citing cases involving comedian Robin Williams and an April Fools'' joke, the appellate court agreed that no reasonable person could have taken Mr. Cohen seriously. Thus, the court held, there was no defamation.In the case involving Robin Williams, Polygram Records, Inc. v. Superior Court, California''s Third District Court of Appeal held there was no defamation when Mr. Williams did a skit where a wine distributor complained that there was white wine and red wine, but no black wine.The court noted Mr. Williams said the so-called black wine was tough enough to be advertised by Mean Joe Green, was black in color, tasted like urine, and went with anything it damn well pleased. The court added that no reasonable person could have taken Mr. Williams seriously and that to hold the skit defamatory would run afoul of the First Amendment.Likewise, in San Francisco Bay Guardian, Inc. v. Superior Court, California''s First District Court of Appeal held there was no defamation when, in its April Fools'' Day edition, the San Francisco Bay Guardian newspaper ran a fictitious letter from a landlord stating that he found his tenants who had undergone electroshock therapy where much more cooperative because no reasonable person would take the fake letter seriously.Today''s legal lesson is thateven if it involves an electroshocked tenant with shaved privates drinking black wineits tough to win a defamation action against a comedian.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/law-april-fools-jokes#ixzz1ISyc57fbMarch 27, 2011The Law of Cantaloupes and Inflatable SharksHave you ever been really impressed by marketing displays constructed at your local store, where industrious employees create displays of commerce only slightly less impressive than the Taj Mahal?Well, Joyce Henderson may have felt that way before she broke her hip falling before a marketing temple of stacked cantaloupes at her local supermarket.Adding insult to injury, Ms. Henderson lost again in this week''s Case of the Week as the U.S. District Court for the Eastern District of Oklahoma grappled with the weighty issue of whether cantaloupes are the legal equivalent of inflatable sharks for premises liability purposes.Cantaloupes of DoomThe story of Henderson v. Harps Food Stores, Inc., began on a fine June day in 2009 when Ms. Henderson visited the Harps Food Store in Fort Gibson, Okla. Harps employees had created a display of cantaloupes, which was actually a giant octagon of wholesome, fruity goodness.Harps displayed the cantaloupes in large cardboard containers resting on a wooden pallet. The cardboard containers were roughly square in shape with the corners slightly recessed, forming the muskmelon octagon.Ms. Henderson admitted spotting the pallet beneath the pile, and even considered the pesky pallets potential as a pitfall. Nevertheless, she plowed ahead.While examining one of the succulently sweet cantaloupes, Ms. Henderson''s foot caught on the pallet, and she hurt her hip hitting Harps'' hard floor.The stage was now set for Ms. Henderson and Harps to debate the jurisprudence of cantaloupes vis-a-vis inflatable sharks.Ms. Henderson sued Harps in Oklahoma state court in a tort action, alleging Harps was negligent in its dangerous display of the killer cantaloupes and in its negligent failure to warn customers of its alleged fruity booby trap.Harps removed the case to federal court and filed a motion for summary judgment, arguing it was not liable because the exposed cantaloupe pallet was an open and obvious condition.Generally, under Oklahoma premises liability law, which applied even though the case was in federal court, businesses are not liable for damages sustained from these so-called open and obvious conditions. However, there is a possible exception in the law for conditions or defects visible but unseen by a plaintiff.Ms. Henderson and Harps battled over the case law. For instance, both parties cited the Oklahoma Supreme Court case of Phelps v. Hotel Mgmt., Inc., where an unsuspecting patron hit her head on a decorative glass bowl that protruded into the seating area of a hotel lobby.Sure, the thing was open and obvious in the literal sense, but the court in Phelps held a reasonably prudent person might not have noticed the risk of injury from the protrusion of funky art into the seating area and -- for the condition to be open and obvious as a matter of law -- the potential for injury must also be noticeable.The court in Henderson rejected Ms. Henderson''s reliance on Phelps and another court decision, Zagal v. Truckstops Corp. of Am., a case where things went horribly awry in the aisle of a truck stop. The court held those cases did not apply to Ms. Henderson''s case of the killer cantaloupes because -- not only did Ms. Henderson see the open and obvious collection of cantaloupes -- she knew it posed possible danger.However, all hope was not lost for Ms. Henderson. It was time for her lawyers to launch a legal shark attack.But could an inflatable shark really save Ms. Henderson''s case?Shark TaleMs. Henderson''s attorneys cited the Oklahoma Court of Civil Appeals case of Hansen v. Academy, Ltd., where Kimberly Hansen, an unsuspecting customer, was apparently in awe of a large inflatable shark that was part of a boat display on the sidewalk in front of an Academy sporting goods store.So mesmerized by the inflatable shark was Ms. Hansen that she proceeded to walk straight into the tongue of the boat, causing her to trip and break both her arms. Ms. Hansen sued Academy, but a trial court ruled for the sporting goods store, holding that the boat tongue was an open and obvious condition.But, remember...Jaws had a sequel.Ms. Hansen appealed, and the intermediate appellate court ruled for her. Noting an Academy employee testified the purpose of the inflatable shark was to get people''s attention, the appellate court reversed the trial court''s grant of summary judgment to Academy, holding that, although the boat tongue was visible, the plastic, air-filled fish of terror changed the legal outcome."The evidence certainly raised a question of fact as to whether Academy intended for its customers to devote their attention to the merchandise on display rather than to the sidewalk," the appellate court held in Hansen. Unfortunately for Ms. Henderson, U.S. District Judge James Payne wasn''t buying the shark argument in her case.Noting that arrows on the cantaloupe boxes actually pointed to exposed pallet on cantaloupe display, Judge Payne held the inflatable shark case didn''t apply."Because the cantaloupe display actually drew attention to the alleged hazardous condition, the Hansen case is distinguishable and does not provide an exception to the open and obvious rule," the judge wrote.The lesson of our Case of the Week? Apparently, at least in Oklahoma, a cornucopia of cantaloupes provides no exception to the open and obvious rule...but, an inflatable shark does._______________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/law-cantaloupes-and-inflatable-sharks#ixzz1HonZsGj9March 13, 2011The Sixth Amendment and another Texas Chicken Ranchby David HorriganIn the film adaptation of the Broadway musical, The Best Little Whorehouse in Texas, Burt Reynolds, playing a Texas sheriff, falls in love with Dolly Parton, portraying the good-natured, warm-hearted proprietor of a local brothel. That theatrical house of ill-repute was based on a real life bordello known as the La Grange Chicken Ranch.Although many local residents supported the Chicken Ranch -- and the entertainment and tax dollars it brought to Greater La Grange -- its closing involved law enforcement at the highest levels of Texas government.For those whove always wanted yet another sequel, we have one for you. It doesn''t have Ms. Parton, Mr. Reynolds...or even Dom DeLuise. What is does have is an intriguing question of constitutional law, which is why it gets to be our Case of the Week.Texas cathouse jurisprudence now considers: Does memory loss render a witness absent for purposes of the Confrontation Clause of the Sixth Amendment to the United States Constitution?Before we get to any of that legal stuff in the case of Woodall v. Texas, let''s take a look at the story of the latest little whorehouse in Texas.Naughty HaremPhyllis Anne Woodall may or may not have a lot in common with Dolly Parton''s Best Little Whorehouse in Texas character, Miss Mona Stangley, but Texas prosecutors alleged they were in the same profession.Ms. Woodall was the co-owner and operator of the Naked Harem, an El Paso, Tex., establishment some would refer to euphemistically as a "gentlemen''s club." Ms. Woodall and her business partner, Jeannie Coutta, ran a strip joint empire, El Paso Cosmopolitan, which not only operated the Naked Harem, but also its sibling club, the El Paso Cosmopolitan Topless Show Bar.Sadly for the ladies and their clients, those Texas prosecutors thought they were having a little too much fun.After repeated incidents of alleged prostitution at the Naked Harem, authorities arrested the ladies, charging Ms. Woodall with aggravated promotion of prostitution and engaging in organized criminal activity.At trial, prosecutors called dancers who testified prostitution was plentiful at the club, while Naked Harem loyalists testifying for Ms. Woodall cited Naked Harem policy forbidding dancers from having sex with its gentile clientele. Ms. Woodall then called a dancer, Lucia Pinedo, to testify.It was a bad move.Forget Me NotMs. Pinedo testified she sustained memory loss after an automobile accident and that she could not remember her prior testimony before a grand jury -- nor could she remember even being part of the Naked Harem. However, when Ms. Pinedo didn''t show up for a subsequent day of the trial, prosecutors -- over Ms. Woodall''s objections -- read her grand jury testimony for the jury.Before the grand jury, Ms. Pinedo had testified she had sex with patrons many times in the club''s private rooms, and -- in an unfortunate turn of events for Ms. Woodall -- Ms. Pinedo testified that, although she lied about her age to Naked Harem staffers, she was only 15-years-old when she began dancing at the club. To make matters worse, Ms. Pinedo contradicted the testimony of one of Ms. Woodall''s managers who said Ms. Pinedo showed a birth certificate as part of her identification upon being hired.Instead, in a moment worthy of X-rated versions of High School Musical or Glee, Ms. Pinedo testified her identification to get her job as an exotic entertainer was not her birth certificate, but was, in fact, her high school ID card.As they did with the La Grange Chicken Ranch, the good people of Texas may turn the other cheek when it was just a bunch of adults having consenting, albeit illegal, fun...prostitution by 15-year-olds is a very different story.After prosecutors made numerous references to Ms. Pinedo''s impressionable youth during closing arguments, the jury sentenced Ms. Woodall to 16 years in prison.Ms. Woodall appealed, arguing, among other things, that introducing Ms. Pinedo''s grand jury testimony was a violation of Ms. Woodall''s rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution because Ms. Pindeo''s memory loss prevented Ms. Woodall from being able to cross-examine her.Constitutional ConfrontationA Texas intermediate appellate court reversed the trial court and sided with Ms. Woodall, holding that allowing prosecutors to read Ms. Pinedo''s grand jury testimony to jurors despite her memory loss violated Ms. Woodall''s Sixth Amendment Rights because the State used out-of-court testimonial statements [the grand jury testimony] about which the declarant [Ms. Pinedo] could not be cross-examined due to memory loss.The state argued also that, because Ms. Woodall refused the trial judge''s offer to issue a so-called writ of attachment forcing Ms. Pinedo to return to continue her testimony, Ms. Woodall was precluded from arguing Ms. Pinedo was absent for Confrontation Clause purposes.However, Ms. Woodall argued that Ms. Pinedo''s memory loss made recalling her futile, and the intermediate appellate court agreed."She did not remember giving the grand jury statement, nor could she remember working at the Naked Harem. A writ of attachment would not have changed Pinedo from an absent witness into a witness available for trial and examination. Her undisputed testimony about the car accident and resulting memory loss established that she was unavailable as a witness regarding the relevant subject matter," the intermediate appellate court held.Yet, in another legal twist, on Mar. 2, the Texas Court of Criminal Appeals, the states highest court for criminal matters, reversed the intermediate appellate court on both issues.First, citing three U.S. Supreme Court decisions, California v. Green, Delaware v. Fensterer, and United States v. Owens, the Texas high court rejected the argument that a Confrontation Clause violation could be based on witness memory loss.Second, Ms. Pinedo''s memory loss notwithstanding, the court held Ms. Woodall''s failure to take the trial judge up on the offer to haul Ms. Pinedo back into court was fatal to her Confrontation Clause argument. The court said Ms. Woodard induced the alleged error of which she now complains, and she may not argue on appeal that her confrontation rights were violated.In the movie, Burt and Dolly went off happily into the sunset. It doesn''t look as though thats happening here._________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/sixth-amendment-and-another-texas-chicken-ranch#ixzz1HaDgOkKeMarch 6, 2011Labor, Lassie, and the LawIts been a tough week for the First Amendment and labor unions, but perhaps not for puppies.In this space, we attempt to look at the lighter side of the law, but there''s just nothing funny about a Marine making the ultimate sacrifice for his country or alleged followers of Jesus thinking the Messiah wants them desecrating other people''s religious services. However, Americas courts never let us down when we need comic relief, and free speech cases are no exceptionThis week, California''s Second District Court of Appeal ruled on a particularly perplexing constitutional quandary. It''s a question not yet addressed in the current labor unrest in Wisconsin:Does labor union speech enjoy greater constitutional protection than speech about puppies?Well give you the court''s answer in Best Friends Animal Socy v. Macherich Westside Pavilion Prop., LLC, in a moment, but let''s start off by saying that -- not unlike fallen heroes and violated funerals -- theres nothing funny about animal abuse or unfair labor practices. Nevertheless, what we''ve got here is an appellate court of law weighing the constitutional rights of terriers versus Teamsters.Puppies and PicketersThe Best Friends Animal Society does good work. Not only does the Utah-based organization have adoption programs for dogs and cats, it has programs for parrots and pigs as well. In addition, it operates an animal sanctuary, and its Pup My Ride program transports dogs from overpopulated areas to places where they are more likely to find homes.Best Friends also operates the Puppies Aren''t Products campaign with the stated goals of fighting against so-called puppy mills and irresponsible breeding.One of the weapons in Puppies Arent Products arsenal is the staging of protests at shopping malls where the evil puppy mills alleged middle men -- the pet shops -- attempt to sell their canine cargo.Although Puppies Arent Products bills its mission as a fight against the puppy mills, unlike more militant animal rights groups, Puppies Arent Products stresses the peaceful nature of its protests...a Gandhi for golden retrievers, if you will.Peaceful or not, one shopping center didn''t want to give the puppy protesters free rein over its establishment. When Puppies Arent Products targeted the Barkworks Pups & Stuff store at Los Angeles Westside Pavilion, the owners of the mall swung into action.Not unlike abortion protesters at a Democratic convention or anti-war protesters at a Republican convention, the puppy protesters were confined to undesirable areas -- in this case, mall space far away from Barkworks. Incidentally, Barkworks denies its dogs come from puppy mills, stating it takes great pride in having built a reputation of bringing healthy, happy puppies to loving families and homes.Look for the Union Label?Westside Pavilion had rules about when people could protest in its common areas. The rules applied to so-called noncommercial expressive activity, and covered various forms of expression, such as political and religious speech, soliciting for signatures on petitions, and the dissemination of noncommercial leaflets and fliers.The rules were what constitutional lawyers call content neutral, meaning the rules didnt vary depending on what a speaker was saying. There was just one catch.Labor unions got special treatment.The mall had special rules for qualified labor activity, which was defined, in part, as activity authorized by the National Labor Relations Act (NLRA) or applicable state labor laws.Non-labor expressive activity -- such as the puppy protest -- was limited to certain areas of the mall and was subject to certain blackout days, days when no protests were allowed, such as the busy business days of Valentines Day, Halloween, and the Christmas shopping season.In contrast, labor expressive activity had no blackout dates, and the workers'' expression could take place near the targeted, allegedly union-busting establishment.The litigating Lassie lawyers saw this distinction as the way to get the puppy protesters within pawsteps of the alleged villains at Barkworks.Collies in CourtBest Friends sued Westside Pavilion''s owners in California state court, arguing the mall''s restrictions violated the free speech provisions of article I, section 2 of the California Constitution. Specifically, Best Friends argued, among other things, that it was unconstitutional for the mall to give labor union protesters preferential treatment over the Puppies Arent Products protesters.Westside Pavilion countered that the restrictions passed constitutional muster and that the mall was forced to give labor union protesters special treatment in order to comply with state and federal labor law.The mall won the first round when California Superior Court Judge Linda Lefkowitz ruled against the puppy protesters, holding that, under the 1997 California appellate decision, Union of Needletrades, Indus. & Textile. Emp. v. Superior Court, the shopping mall was within its rights to limit the activities of the puppy protesters and that the NLRA and state law required the mall to make special accommodations for labor protesters.But, this dogfight wasnt over.Best Friends appealed and found a more fur-friendly tribunal in California''s Second District Court of Appeal. In a 3-0 decision on Mar. 2, the appellate court overturned Judge Lefkowitz, and ruled in favor of the puppy protesters.The appellate court rejected the holding of the case on which Judge Lefkowitz relied and instead followed two other California appellate decisions, H-CHH Associates. v. Citizens for Representative Government and Snatchko v. Westfield LLC, in holding the mall could not restrict the puppy protesters in the manner it sought, and it rejected the mall''s preferential treatment of labor protesters.The appellate court said the mall suggests that the law compels it to discriminate. But federal and state laws do not require shopping malls to give labor speech more access to common areas than political and other types of free speech.Celebrating its victory and the apparent end of Puppies Arent Products banishment to the dark corners of the mall where one wouldn''t expect to find Jennifer Grey, Best Friends issued a statement entitled, Nobody Puts Baby in a Corner.______________________________________________Read more at the Washington Examiner:http://washingtonexaminer.com/blogs/opinion-zone/2011/03/labor-lassie-and-law
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TERMS Please read our terms and agreements before browsing Disclaimer Wheel construction option and wheel finish options are subject change wit DOWNLOADS Knowing that design goes hand and hand with everything that our customers do, we offer custom downloadable wallpapers to help customize your desktop, Login , Sidebar iforged 3 pcs wheelsd Gallery iforged 3 pcs wheelsd Gallery This is the main page of your Gallery Date, 08,05,2007 Owner, Gallery Administrator Size, 3 items ,3088 items total, Automobiles Automobiles Photo Shoots Your input , inquiries are important to us and having a good communication line with our customers, Please use this form, email, or call us for any questions you may have regarding our products, site, or iforged 3 pcs wheelsd Performance Alloys USA Ebay Store iforged 3 pcs wheelsd Ebay Store Facebook iforged 3 pcs wheelsd on Facebook Myspace myspace,com,iforged 3 pcs wheelsd Twitter twitter,com,iforged 3 pcs wheelsd dealers,iforged 3 pcs wheelsd,com Technical Questions tech,iforged 3 pcs wheelsd,com Home , About Us , Wheels , Downloads , Showroom , Contact , Owners Link , Team iforged 3 pcs wheelsd , Press Release , News , Dealers , Technology , Affiliates , iforged 3 pcs wheelsd Gear , Wheel Care Guide , Terms ,Blog , Your input , inquiries are important to us and having a good communication line with our customers, Please use this form, email, or call us for any questions you may have regarding our products, site, or Project Porsche GT Street Tech Art,BASF,Brembo products highlight this project car, Read story , Project Factory Five Roadster MK3 KN Filter,Autometer,Falken products highlight this project car, Read story , Project Veilside Fortune Maisty Acura NSX Veilside,BASF,Comptech products highlight this project car, Read story , Project Widebody Supercharged E46 M3 Vortech,Rotora,Vorsteiner products used for this project car, Read story , Project Veilside Fortune Maisty Mazda RX7 Veilside, BASF,Rockford Fosgate products are featured 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Philomathia Foundation | Promoting Human Values and Science through Education and Research The second phase of the interdisciplinary Philomathia Social Sciences Research Programme, a collaboration between the Philomathia Foundation and the University, has been launched to enable further pioneering work in addressing some of the major issues facing humanity today. SUMMARY OF PHASE 1 (2013-2018) Faculty of History (2013/14) Historicising the Measurement of Inequality PI - Dr Pedro Ramos Pinto In my current work I am interested in understanding how contemporary inequalities are shaped by the past, bringing a more long-term view to explain how and why societies distribute resources, opportunities and capabilities. As part of this, I direct a research network on the topic of Inequality and History, which was started by an AHRC grant. Most recently I worked with Dr Poornima Paidipaty on the history of the measurement of inequality, supported by a grant from the Philomathia Trust. During 2018-2019 I will be a Visiting Senior Research Fellow at the International Inequalities Institute at the London School of Economics. I am also interested in the history and political economy of welfare. One aspect of this concerns the creation, evolution and implications of authoritarian welfare regimes in Southern Europe and Latin America. This has evolved from earlier work which explored the interaction between the Portuguese Dictatorship and its citizens to explain the emergence of social movements of the urban poor during the Carnation Revolution (1974-1976), a theme which is explored in my book Lisbon Rising (2013).In addition, I continue to have an interest on the study of social movements and protest, both in historical and in contemporary perspective. Fellow- Dr Poornima Paidipaty I hold a PhD in Anthropology from Columbia University as well as an MA from Jawaharlal Nehru University and a BA from Yale University. My academic work focuses on the intersections of decolonization, governance, and modern social science. As part of the Philomathia funded project, 'The Measure of Inequality', I am currently researching the history and legacy of statistics and planning in postcolonial India. Alongside this work, I am completing a book, Tribal Nation, which explores the history of anthropology in the Indian subcontinent and charts the relationship between military science, political culture, and citizenship in India's tribal borderlands. Prior to coming to Cambridge, I was a member of the Society of Fellows at the University of Chicago. In addition to the generous sponsorship through Philomathia, my work has been supported by the Isaac Newton Trust, the British Academy, the Wenner-Gren Foundation, the School for Advanced Research, and the American Institute for Indian Studies. The widening gap between India's rich and poor is captured by the National Sample Survey (NSS), an organization founded in 1950, which gathers data from roughly 14,000 Indian villages and localities to provide a snapshot of how the population at large is faring. The NSS and its pioneering role in the measurement of poverty and inequality are some of the important subjects to explore how different modern societies have gauged social and economic disparity. As a nation, India is undergoing a profound transformation, but rapid growth has come hand in hand with rising inequality as well as growing disparity between rural and urban areas. NSS data remains one of the best resources for understanding and tracking these changes. As more of this information circulates in the public domain, it becomes all the more crucial to appreciate how such data is produced. Paidipaty's work on the history of the NSS offers a fascinating glimpse into one of the most significant and early mid-century precursors to contemporary developments in big data. Summary of project In July 2017, we held an international research conference at Cambridge University entitled Measuring Matters, which brought together leading scholars in economics, international history, sociology, anthropology and gender studies to examine the history and politics of measuring inequality. In addition to generous funds from the Philomathia Foundation, we were able to raise more than £7,000 for this event from CRASSH, the Economic History Society and the History Faculty's Ellen McArthur Trust. Our keynote speakers were Alice O'Conner (UCSB) and Sanjay Reddy (New School University). On the final evening of our conference we held a public event that featured Sanjay Reddy in conversation with Ha-Joon Chang (Cambridge) and Omar Khan (Runnymede Trust). The History of Political Economy has accepted our proposal to collect and publish the conference papers as a special issue of their journal. 9 essays from this event have been submitted for peer review (including an article by Dr. Paidipaty). The issue is scheduled for publication in May 2020. It will include an introductory essay by Dr. Ramos Pinto and Dr. Paidipaty, as well as an afterword by Dr. Sanjay Reddy. Dr. Ramos Pinto and Dr. Paidipaty are finalizing plans for a book on the history of inequality, tentatively titled Inequality: A Global History. This work will incorporate many of the insights gleaned from the Measuring Inequality conferences and MPhil course at Cambridge. We are in conversation with both CUP and Princeton about publishing this work, and expect to deliver the finished manuscript by December 2021. Department of Sociology (2013/14) (In)fertility, Education and Reproductive Health PIs – Prof Jacqueline Scott and Prof Sarah Franklin Professor Jacqueline Scott trained at the University of Michigan, Ann Arbor where she received her PhD in 1987. She has held a variety of survey related positions before joining the Faculty of Social and Political Sciences (now HSPS) in 1994. Jackie was the Director of the Detroit Area Study, from 1989-1990; and Director of the ESRC Centre on Micro-Social Change, at the University of Essex from 1990-1994, where she was responsible for the initial design and implementation of the British Household Panel Study (now Understanding Society). Jackie was a Guest Professor, Zentrum für Umfragen, Methoden und Analysen (ZUMA). Mannheim, Germany (1993, 2005). From 2004-2010 she was the Director of the ESRC Research Priority Network on Gender Inequalities in Production and Reproduction. This was the largest research multi-disciplinary network of its kind in the UK. Jackie co-ordinated projects across eight British universities that investigated different aspects of the way women and men's roles and lifestyles have changed. The common goal of the Network was to understand why gender inequalities remains one of the most pressing social issues of our time and to identify ways that greater equality may be achieved. Professor Sarah Franklin moved from the London School of Economics to take up the Chair of Sociology at Cambridge in October 2011. In 2012 she received awards from the Wellcome Trust, ESRC, and British Academy to establish the Reproductive Sociology Research Group (ReproSoc) which has since gone on to become one of the leading research centres in the rapidly expanding field of reproductive studies. Fellow – Dr Nitzan Peri-Rotem I hold an undergraduate degree in Sociology and Communication (2005) and a Master's degree in Demography and Anthropology (2009) from the Hebrew University of Jerusalem. In 2015, I completed a DPhil in Sociology at Nuffield College, University of Oxford. Before moving to the UK, I gained experience working as Head of Branch for Social Statistical Analyses at the Israeli Central Bureau of Statistics. In 2014, I was appointed as Philomathia Research Associate at the University of Cambridge until June 2017, when I took the position of a Lecturer in Social Policy at the University of Exeter. I continue to collaborate with Professor Franklin and the Reproductive Sociology Research Group in Cambridge on various projects, including the new interdisciplinary research project 'Changing (In)Fertilities', which is funded by the Wellcome Trust and is aimed at exploring how assisted reproductive technologies are changing the ways in which fertility and infertility are perceived and practiced. Summary of project The research project '(In)Fertility, Education and Reproductive Health' explored recent trends in reproductive behaviour in the UK and the rest of Europe amid global demographic, societal and technological developments of the past decades. In particular, the increase in women's education, has been one of the major driving forces of changing fertility patterns, including the ongoing rise in age at first birth. These trends have important implications for population ageing in Europe, as well as for individuals' ability to fulfil their own fertility aspirations. As part of this project, we analysed data from the British Household Panel Survey and the UK Household Longitudinal Study to examine changes in union formation and fertility patterns among men and women in Britain from 1991 to 2012. We found that marriage rates are declining more steeply among individuals with secondary or lower level of education compared to highly educated people, and that childbearing outside a stable union continues to be disproportionately higher among low educated women in Britain. These patterns both reflect and preserve social inequalities, since children growing up in non-intact families tend to have poorer life prospects compared to those living in more stable settings. The findings from this study were presented by Dr Peri-Rotem in several international academic conferences, including the European Sociological Association, Vienna Institute of Demography and the British Society for Population Studies. Apart from the research work on education and fertility, in May 2016, we hosted an international forum in Cambridge on 'Changing Fertility: Social, Demographic and Ethical Consequences of Assisted Reproductive Technologies'. This forum has brought together academic scholars, health professionals and members of non-governmental organizations to discuss the consequences of ART use on fertility patterns in post-industrialized societies. The forum has also formed the basis for a position paper, describing the spread of IVF use across Europe and its potential implications for fertility and public health, as well as recommended policies to address infertility. This paper was presented by Dr Peri-Rotem at the 3rd Annual Philomathia Symposium, as part of an organized session on 'Reproduction in an Era of Bio-Tech Revolution' which was chaired by Professor Sarah Franklin. Department of Politics and International Studies (POLIS) (2014/15) The consequences of the politics of austerity in the EU PI - Helen Thompson I am a Professor of Political Economy. I have been at Cambridge since 1994 and am at present Deputy Head of the School of the Humanities and Social Sciences. I'm a regular panellist on Talking Politics. My present work is focused on the historical origins of the post-2008 economic and political world and the crises it is generating for western countries. More particularly my recent work covers the political economy of oil, Brexit and the euro zone crisis. Fellow – Juan Munoz-Portillo In 2013, I received my PhD in Politics and International Relations from Dublin City University. Prior to moving to Cambridge I was a Post-doctoral Fellow at Dublin City University. Between 2014 and 2017 I worked with Prof Andrew Gamble, Dr Helen Thompson and Dr Pieter van Houten on the project "The consequences of the politics of austerity in the European Union". This project consisted of two parts. The first stage documented and analysed the specific ways in which states in the EU have implemented fiscal austerity programs. The second stage analysed various social and political consequences of the politics of austerity. My research interests lie in comparative political economy and international political economy, in particular, but not solely, electoral systems and the behaviour of legislators, the influence of political institutions on public spending, and politics and sovereign debt. After leaving the University of Cambridge in September 2017, I returned to Costa Rica, where I worked during one year as an adjunct staff member of the School of Political Science of the University of Costa Rica. During that time I also worked as a consultant for the Latin American Faculty of the Social Sciences (FLACSO) and the Latin American Office of the Food and Agriculture Organization of the United Nations. I have been recently appointed, in January 2019, lecturer of International Politics at the School of Political Science of the University of Costa Rica. I expect to continue my research on fiscal austerity policies in the European Union. I also aim to apply my understanding of fiscal austerity policies developed during the course of the Philomathia project to the Latin American context, using the methodology myself and my principal supervisor in Cambridge applied. Summary of project The project 'The consequences of the politics of austerity in the European Union' officially terminated on 30 September 2017. During this time two papers were prepared and two international conferences were attended. At the time of writing, Pieter van Houten, one of the principal investigators, is engaged in leading collaborative papers arising from the project. We expect to get them published in the near future. In our Report of activities 2015 – 2016 we reported that we decided to adopt a narrative approach for our analysis of austerity policies in EU member states. A narrative method consists of the study of official records and sometimes news, based on theoretically defined criteria, seeking to identify policy decisions that are motivated by the intentions of authorities to reduce deficits and public debt, and not by other confounding factors. In other words, it is a way of isolating the effect of fiscal consolidation decisions from other variables that might simultaneously be having an influence on changes in public revenues and expenditures. They presented this paper at the 7th Annual Conference of the European Political Science Association, held in Milan on 22–24 June 2017. Juan and Pieter, with the support of the Philomathia Programme, organised the panel 'Comparative Approaches to the Study of Causes and Consequences of Fiscal Austerity Policies in the European Union' that was presented at the Council of European Studies' 24th International Conference of Europeanists, held in Glasgow on 12-14 July 2017. Prof Klaus Armingeon of the University of Bern and Prof Stefano Sacchi of the University of Milan, presented the paper 'Austerity. Where and Why Politics Still Matters' at this panel. Dr Michael Breen (Dublin City University) gave the paper 'Daily Judgement: Political News and Financial Markets'. Also in this panel Juan and Pieter presented their work 'Explaining the Magnitude and Composition of Fiscal Austerity Episodes in the European Union.' Each of these papers was discussed by Prof Sebastian Dellepiane-Avellaneda of the University of Glasgow. All of the presenters and the discussant have published their research on austerity policies in Europe in important political science journals (Armingeon 2012; McMenamin, Breen, and Muñoz-Portillo 2015; Dellepiane-Avellaneda and Hardiman 2014) Faculty of Law (2015/16) The Law of Energy Transitions PI – Prof Jorge Vinuales I hold the Harold Samuel Chair of Law and Environmental Policy at the University of Cambridge and is the founder and former Director of the Cambridge Centre for Environment, Energy and Natural Resource Governance (C-EENRG). I'm also the Chairman of the Compliance Committee of the UN-ECE/WHO-Europe Protocol on Water and Health, a member of the Panel of Arbitrators of the Shanghai International Arbitration Centre and the Director-General of the Latin American Society of International Law. Prior to joining Cambridge, I was the Pictet Chair of International Environmental Law at the Graduate Institute, Geneva, where I keep a limited affiliation as Adjunct Professor of Public International Law. I have a wide experience as a practitioner, both in an advisory and a litigation context. I was associate, counsel and of counsel with two major law firms specialised in international law for a decade. In addition to this work for the UNECE/WHO, I have served as arbitrator, counsel, expert and, earlier in my career, as secretary of arbitration tribunals in inter-State, investment and commercial disputes. I regularly advise governments, companies, international organisations or major NGOs on different matters of environmental law, investment law, human rights, maritime delimitation and public international law at large. Fellow – Dr Leslie-Anne Duvic-Paoli I am a Lecturer at The Dickson Poon School of Law. Before joining King's College London in August 2017, I was Philomathia Post-doctoral Research Associate in the Department of Land Economy at the University of Cambridge. I am a public international lawyer, with expertise in international environmental law and climate and energy law. I am particularly interested in understanding the nature and content of its principles: her monograph, entitled The Prevention Principle in International Environmental Law, was published by Cambridge University Press in 2018. A recording of the book launch event held at King's in October 2018 is available here. My research also looks at the energy transition to a low-carbon economy from an international and comparative law perspective. I work on the global legal implications of energy democratisation and the importance of participatory mechanisms in the design of inclusive energy systems. In addition, I'm starting a new research agenda on the 'water-energy-food' nexus in global governance: it investigates the gap between, on the one hand, its increasing relevance as a theoretical concept describing the interconnections between complex systems and presented as a solution to foster sustainable development; and, on the other hand, the limited interactions between specialized international legal regimes. I hold Master's degrees in international relations / political science from Sciences Po Paris and in public law from the University of Panthéon-Sorbonne, and a PhD (summa cum laude) in international law from the Graduate Institute of International and Development Studies in Geneva. Summary of project The PI brought a visiting Postdoctoral Research Associate (PDRA), Dr Tibisay Morgandi, supported by the Swiss National Science Foundation, whose research was closely aligned with the subject of the Project and was further supported with a small grant from the Philomathia Foundation to build a database. Dr Morgandi was also able to secure a permanent position (a Lectureship) in the University of London (Queen Mary) starting in September 2018, largely due to her involvement in the activities on global energy governance emerging from the project. This is another indication of the success of the Project in launching the career of aspiring academics. The PI secured a small grant from the Cambridge Humanities Research Grants Scheme to hire a part-time PDRA, Dr Maria Augusta Paim, to complete some of the data collection work initially envisioned for the third year of the Project. This work is still ongoing. In addition to launching the career of aspiring academics, the Project resulted (1) in a stream of important publications on energy governance, (2) in the organization of several events, including two high-profile ones, and (3) in some enduring extensions in the form of a Platform and Research Network, a Database on bilateral energy agreements, and subsequent research projects. Department of Land Economy (2015/16) Realising Genomic Medicine PI – Dr Kathy Liddell I undertook my doctorate in law at the University of Oxford focussing on the regulation of controversial genetic technologies in morally pluralist societies. In addition to substantial experience in academia, I worked in private legal practice and in public sector legal services for a health department. This work history has provided me with a solid knowledge of commercial realities and needs, as well as experience in legal policymaking. I have degrees in law and science from the University of Melbourne and bioethics from Monash University, and is a strong advocate of interdisciplinary research. My research focuses on health, medicine and society, with the aim of understanding and improving the legal frameworks that govern and support innovation in this field. A key theme in my research is to examine ways in which intellectual property rights help and hinder the translation of medical discoveries into effective, affordable clinical treatments and diagnoses, and how such frameworks could be modified to be more effective and just. Currently, I'm involved with an international collaboration which aims to investigate intellectual property law in five areas of bioinnovation: (i) repurposing pharmaceuticals; (ii) antibiotics; (iii) biologics; (iv) rare diseases; and (v) machine-learning based precision medicine. Fellow – Dr John Liddicoat I was the Philomathia Research Associate in Law at the University of Cambridge. I was working on a research project analysing intellectual property issues that interface with the realisation of genomic medicine. My research was funded by the Wellcome Trust, Cambridge University and the Philomathia Foundation. I adopt a variety of research methodologies including doctrinal legal research and established empirical methods, as well as developing new, science-inspired quantitative methods. The Philomathia project was very beneficial for my career and the development of the Centre for Law, Medicine and Life Sciences (LML). The Centre was established just prior to the commencement of the Philomathia project, and is now collaborating with an elite group of research centres on a range of topics. At the conclusion of the Philomathia Fellowship, I began a new position on 30 November 2018 as a Senior Research Associate with the Law Faculty at the University of Cambridge. This is a more senior role and is part of a large international research collaboration between Cambridge University, Harvard University, Copenhagen University and Michigan University. The collaboration is led by Professor Timo Minssen at the University of Copenhagen, who was inspired to work with LML after seeing its work on the Philomathia project. Furthermore, many of the lines of enquiry which commenced with the Philomathia project continue to be pursued in the international collaboration. Alongside the collaborative research, I also continued some independent research. Notably I published several articles based on my PhD thesis, and co-authored work with colleagues around the world. I have had the opportunity to travel to Hong Kong during my tenure as Philomathia Fellow. Together with colleagues from the LML, I was the guest of Professor Terry Kaan at the Centre for Medical Ethics and Law, HKU, Dr Anthony Ng (WYNG Foundation) and Dr Ron Zimmern (Hatton Trust). This was a terrific trip, and a good opportunity for our Philomathia research team to present its research results in Hong Kong. Summary of project Genomic medicine is an emerging discipline that involves using genetic information about a patient as part of their clinical care. Since the sequencing of the human genome, a key goal has been to make genomic medicine an everyday reality. However, scientific research that recognises a correlation between genetic make-up and a future health outcome is not enough. Considerably more research is necessary to understand how genes, drugs and other environmental factors work together, and how they work in particular individuals. This research involves complex and high-powered data analysis, and resource-intensive translation into effective molecular test and drug-test combinations. It is a multi-faceted challenge with scientific, regulatory, legal, ethical and financial aspects. In this project we were investigating two topics in which intellectual property (IP) laws support, and potentially hinder, the realisation of clinically-useful genomic developments. Overall, the project has been successful beyond our expectations. We have published (or have in review) nine peer-reviewed articles, three in Nature Biotechnology, and several more to be submitted for publication shortly. We've also organised six symposia or workshops, advised government on several issues tied to our project, and obtained seven grants (totalling around £66,000). In summary, the Philomathia Fellowship provided an inspiring and productive three years for our research, collaboration, centre development, and engagement in broader society. We are most grateful to the Philomathia Foundation for making it all possible. Phase 2 (2018-23) Department of Geography (2018-21) PI – Dr Bhaskar Vira My research interests centre on the changing political economy of environment and development, especially in South Asia; with a particular interest in the political ecology of forests, water, food, wildlife and landuse change and the social and political context for biodiversity conservation. I am concerned, in particular, with the often-hidden costs of environmental and developmental processes, and the need for scholarship to draw attention to the distributional consequences of public policy choices. My work focuses on the ways in which large-scale economic, societal and environmental transformations are governed, the values that frame how human societies engage with each other and with nature, and the networks of formal and informal institutions that are intertwined in everyday decision making across a variety of spatial and temporal scales. I apply a critical political economy perspective to contemporary debates in relation to ecosystem services and natural capital, and the values of nature for human wellbeing. I have led large scale intellectual and policy-oriented projects that involve interdisciplinary conversations across the natural and social sciences. Trained as an economist, but with a portfolio of research that now engages across the critical social sciences and their interface with the biological and environmental natural sciences, I inhabit the interdisciplinary intellectual 'borderlands' of a number of disciplines (Human Geography, Development Studies, Institutional Economics, Environmental Studies and Conservation), while being firmly rooted in the political economy tradition. Fellow – Dr Katarzyna Cieslik I am a postdoctoral research associate at the Department of Geography, University of Cambridge, specializing in Development Studies. My research focuses on the interactions among society, policy and environment, and their implications for sustainable development in the Global South. In particular, I'm interested in agency, entrepreneurship and civic potency of individuals in addressing the pressing development challenges related to sustainable livelihoods. I have recently completed a postdoctoral fellowship at Wageningen University and hold a PhD in Development Economics and Management from the Université libre de Bruxelles. I have conducted research in Ethiopia, Nepal, Kyrgyzstan, Peru, Colombia and Burundi. I've published on topics ranging from microfinance and entrepreneurship to social economy and development policy in World Development, Oxford Development Studies Journal and European Journal for Development Research. My research is highly practice-oriented; I have cooperated with UNICEF Burundi Innovation Lab agencies as well as a number of local NGOs in South America (CONDESAN, AGAPE) and Asia (Practical Action, Mountain Societies Research Institute). Summary of project Dr. Cieslik's work at Cambridge, together with Professor Bhaskar Vira and Dame Barbara Stocking, focuses on youth and livelihoods in Sub-Saharan Africa, with a particular focus on public policy challenges for employment creation. The persistent rise in youth populations Sub-Saharan Africa is expected to continue until at least 2100. Developing locally and nationally appropriate employment policies and interventions is a key public policy challenge across the continent. Department of Social Anthropology (2018-21) PI – Dr Perveez Mody I have conducted ethnographic fieldwork in Delhi, and specifically in a District court, where I looked at the legal and informal processes whereby couples legitimate their love through marriage. I am interested in anthropological theories about the constitution of castes and "communities" in India, the history of civil marriage law from the colonial into the post-colonial period, the politics of religious nationalism, changes in South Asian kinship, marriage and urban sexuality (sexual relations, conjugality, gender and the family), law and human rights and the ways in which the modern state transforms and bears witness to intimate relations such as those expressed in a love-marriage. My current work concerns an ethnography of South Asian marriage and kinship amongst two ethno-religious groups in East London. Fellow – Dr Maria Ignacia Arteaga Perez I graduated from Pontificia Universidad Catolica de Chile with a BA (Hons.) in Sociology and came to the UK to pursue postgraduate studies in Social Anthropology. I hold an MSc. in Medical Anthropology (2014) and a PhD in Anthropology (2018) from University College London. My main research interest is in caregiving — its practices, possibilities and limits in different institutions and political economies. I explore this theme ethnographically. In the last seven years, I have looked at experiences of ageing, youth, disability and life-threatening medical conditions cross-culturally. My PhD thesis examined the everyday lives of colorectal cancer treatments in London (UK) through an analysis of the caregiving practices that both structure the treatment pathway and afford research participants the possibility of 'getting on with life'. I am currently a teaching associate and affiliated lecturer in the Department of Social Anthropology at the University of Cambridge. Alongside my teaching role, I am preparing research outputs in the form of peer-reviewed papers, a special issue, and a book manuscript based on my doctoral research, also co-organising a multidisciplinary workshop on practices of disease stratification. Summary of project From July 2019, I will be working with Dr Maryon McDonald and Dr Perveez Mody on a project related to the early detection of cancer in the UK, undertaking ethnographic research within a broad field that concerns the development of diagnostic technologies through to their clinical use and social effects.
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